Colorado Revised Statutes

Colo. Rev. Stat. § 24-4-108 (2026)

Legislative consideration of rules

✓ current as of July 2026

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(Repealed) Source: L. 79: Entire section added, p. 846, § 3, effective July 1. L. 80: (2)(c) repealed, p. 289, § 3, effective April 13; (2)(b) repealed, p. 292, § 3, effective April 16; (6)(g) added and (2)(a) repealed, p. 287, §§ 2, 3, effective April 16. L. 81: (3)(a) repealed and (6.1) added, p. 1148, §§ 3, 2, effective April 24; (3)(d) repealed and (6.1) added, p. 1149, §§ 3, 2, effective May 28; (3)(b) repealed, p. 272, § 2, effective June 5; (7) amended and (3)(c), (6)(f), (6)(g), (6)(h), and (6.1) repealed, pp. 1145, 1146, §§ 1, 7, effective July 1; (8) amended, p. 1178, § 7, effective July 1. L. 82: (4)(a) repealed, p. 199, § 2, effective March 11; (4)(b) repealed, p. 201, § 2, effective April 27; (4)(c) repealed, p. 203, § 2, effective March 13. L. 83: (5)(b) repealed, p. 304, § 2, effective May 20; (5)(a) repealed, p. 306, § 2, effective May 25; (5)(c) repealed, p. 309, § 2, effective May 26; (5)(d) repealed, p. 308, § 2, effective June 1. L. 84: (6)(b) repealed, p. 260, § 2, effective March 29; (6)(e) repealed, p. 259, § 2, effective April 5; (6)(d) repealed, p. 258, § 2, effective April 9. L. 2016: (8) amended, (HB 16-1192), ch. 83, p. 234, § 16, effective April 14. L. 2022: Entire section repealed, (SB 22-091), ch. 28, p. 168, § 2, effective August 10.

24-4-109. State engagement of disproportionately impacted communities - definitions. (1) Goal. The goal of outreach to and engagement of disproportionately impacted communities is to build trust and transparency, provide meaningful opportunities to influence public policy, and modify proposed state action in response to received public input to decrease environmental burdens or increase environmental benefits for each disproportionately impacted community. (2) Definitions. (a) (I) (A) All statewide agencies shall use the definition of disproportionately impacted community set forth in subsection (2)(b)(II) of this section. (B) In applying the definition of disproportionately impacted community, a statewide agency may prioritize or target certain criteria of the definition of disproportionately impacted community or certain subsets of communities that meet the definition of disproportionately impacted community if the statewide agency makes a determination by rule or other public decision-making process that the prioritization or targeting is warranted and reasonably tailored to the category of statewide agency action involved. A statewide agency with rulemaking authority shall make the determination by rule. (C) A determination of the public utilities commission that it will prioritize or target certain criteria of the definition of disproportionately impacted community or subsets of communities that meet the definition of disproportionately impacted community does not constitute any prejudice or disadvantage or any unreasonable difference as set forth in section 40-3-106 (1)(a). (II) (Deleted by amendment, L. 2023.) (b) As used in this section and sections 25-1-134 and 25-7-105 (1)(e), unless the context otherwise requires: (I) "Agency" means the air quality control commission created in section 25-7-104 and, as used in this section and section 25-1-134, the water quality control commission created in section 25-8-201 (1)(a). The portions of this subsection (2)(b)(I) that apply to the water quality control commission are effective on July 1, 2023, except for the portions requiring the water quality control commission to effectuate the requirements of subsections (3)(b)(I), (3)(b)(II), (3)(b)(IV), and (3)(b)(V) of this section, which apply to any rule-making proceedings of the commission concerning the classifications and numeric standards for the South Platte river basin, Laramie river basin, Republican river basin, and Smoky Hill river basin that occur after June 8, 2022. (II) "Disproportionately impacted community" means a community that is described in subsection (2)(b)(II)(G) or (2)(b)(II)(H) of this section or that is in a census block group, as determined in accordance with the most recent five-year United States bureau of the census American community survey and meets one or more of the following criteria: (A) The proportion of the population living in households that are below two hundred percent of the federal poverty level is greater than forty percent; (B) The proportion of households that spend more than thirty percent of household income on housing is greater than fifty percent; (C) The proportion of the population that identifies as people of color is greater than forty percent; (D) The proportion of the population that is linguistically isolated is greater than twenty percent; (E) A statewide agency determines, after a community presents evidence of being and requests to be classified as a disproportionately impacted community, that the population is disproportionately impacted based on evidence, presented in a relevant statewide agency decision-making process, that a census block group is disproportionately impacted because it has a history of environmental racism perpetuated through redlining or through anti-indigenous, anti- immigrant, anti-Latino, or anti-Black laws, policies, or practices and that present-day demographic factors and data demonstrate that the community currently faces environmental health disparities; (F) The community is identified by a statewide agency as being one where multiple factors, including socioeconomic stressors, vulnerable populations, disproportionate environmental burdens, vulnerability to environmental degradation or climate change, and lack of public participation may act cumulatively to affect health and the environment and may contribute to persistent disparities; (G) The community is a mobile home park, as defined in section 38-12-201.5 (6), regardless of whether the mobile home park is a census block group; or (H) The community is located on the Southern Ute or Ute Mountain Ute Indian reservation, regardless of whether the community is a census block group; (III) "Proposed state action" means: (A) Rule-making proceedings held pursuant to section 24-4-103; (B) Licensing proceedings, including the issuance and renewal of permits, held pursuant to section 24-4-104; and (C) Adjudicatory hearings held pursuant to section 24-4-105. (IV) "Statewide agency" means any board, bureau, commission, department, institution, division, section, or officer of the state. "Statewide agency" does not include: (A) The legislative branch; (B) The judicial branch; (C) State educational institutions administered pursuant to title 23, except part 1 of article 8, parts 2 and 3 of article 21, and parts 2 to 4 of article 31 of title 23; or (D) The adjutant general of the National Guard, whose powers and duties are set forth in section 28-3-106. (3) Engagement. (a) To promote the goal of state engagement of disproportionately impacted communities, an agency shall strive to create new ways to gather input from communities across the state, using multiple languages and multiple formats and transparently sharing information about adverse environmental effects from its proposed state action. (b) When conducting outreach to and engagement of disproportionately impacted communities regarding a proposed state action, the agency shall: (I) Schedule variable times of day and days of the week for opportunities for public input on the proposed state action, including at least one weekend time, one evening time, and one morning time for public input; (II) Provide notice at least thirty days before any public input opportunity or before the start of any public comment period; (III) Utilize several different methods of outreach and ways to publicize the proposed state action, including disseminating information through schools, clinics, social media, social and activity clubs, local governments, tribal governments, libraries, religious organizations, civic associations, community-based environmental justice organizations, or other local services; (IV) Provide several methods for the public to give input, such as in-person meetings, virtual and online meetings, online comment portals or e-mail, and call-in meetings; (V) Consider using a variety of locations for public input on the proposed state action, including meeting locations in urban centers, in neighborhoods whose populations are predominantly Black, Indigenous, or people of color and have an average income below the state's average, and in rural locations in various regions of the state; and (VI) Create outreach materials concerning the proposed state action in layperson's terms, translated into the top two languages spoken in a community, that inform people of opportunities to provide input on the proposed state action, their rights, the possible outcomes, and the upcoming public input process. (4) The division of parks and wildlife created in section 33-9-104 shall, in conducting public outreach regarding the keep Colorado wild pass pursuant to section 33-12-108 (7): (a) Include outreach to and engagement of disproportionately impacted communities with a goal to build trust and transparency, provide meaningful opportunities to influence public policy, and modify proposed state action in response to public input received to decrease environmental burdens or increase environmental benefits for each disproportionately impacted community; and (b) Engage disproportionately impacted communities in accordance with the procedures set forth in subsection (3) of this section. (5) (a) (I) The division of administration in the Colorado department of public health and environment shall administer the Colorado EnviroScreen tool so that a census block group that scores above the eightieth percentile in the Colorado EnviroScreen tool is presumed to be a disproportionately impacted community under subsection (2)(b)(II)(F) of this section. A statewide agency determining whether a community is a disproportionately impacted community under subsection (2)(b)(II)(F) of this section shall apply the most recent version of the Colorado EnviroScreen tool available at the time the statewide agency makes the determination. (II) As used in this subsection (5)(a), "Colorado EnviroScreen tool" means the environmental justice mapping tool developed and administered by the department of public health and environment and Colorado state university, or any successor tool. (b) A census block group that is within a census tract that qualifies as disadvantaged as determined under the climate and economic justice screening tool developed by the council on environmental quality in the office of the president of the Unites States is presumed to be a disproportionately impacted community under subsection (2)(b)(II)(F) of this section. A statewide agency determining whether a community is a disproportionately impacted community under subsection (2)(b)(II)(F) of this section shall apply the most recent version of the climate and economic justice screening tool available when it is determining whether a community is a disproportionately impacted community. (6) The provisions of subsection (2)(b)(II) of this section are severable, and if any provision of subsection (2)(b)(II) of this section is found by a court of competent jurisdiction to be unconstitutional, the remaining provisions are valid, unless: (a) It appears to the court that the valid provisions are so essentially and inseparably connected with, and so dependent on, the unconstitutional provision that it cannot be presumed that the legislature would have enacted the valid provisions without the unconstitutional one; or (b) The court determines that the valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent.

Source: L. 2021: Entire section added, (HB 21-1266), ch. 411, p. 2725, § 3, effective July 2; (4) added, (SB 21-249), ch. 273, p. 1587, § 2, effective September 7. L. 2022: (2)(b)(I) amended, (HB 22-1322), ch. 460, p. 3270, § 1, effective June 8. L. 2023: (2)(a) and (2)(b)(II) amended and (2)(b)(IV), (5), and (6) added, (HB 23-1233), ch. 245, p. 1328, § 14, effective May 23. L. 2024: IP(2)(b) and (2)(b)(I) amended, (HB 24-1338), ch. 259, p. 1720, § 5, effective May 28.

Cross references: (1) For the short title ("Environmental Justice Act") and the legislative declaration in HB 21-1266, see sections 1 and 2 of chapter 411, Session Laws of Colorado 2021. (2) For the legislative declaration in HB 23-1233, see section 1 of chapter 245, Session Laws of Colorado 2023.

PART 2

MILITARY OCCUPATIONAL STREAMLINING

Cross references: For the legislative declaration in HB 16-1197, see section 1 of chapter 190, Session Laws of Colorado 2016.

Notes of Decisions

Cited in 18 cases, 1982–2020 · leading case: Colorado Ethics Watch v. Gessler, 363 P.3d 727 (Colo. Ct. App. 2013).

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Colorado Ethics Watch v. Gessler, 363 P.3d 727 (Colo. Ct. App. 2013). · cites it 4× “He thus has exceeded his delegated authority under C.R.S. § 24-4-108(8)(a). ¶55 We agree and conclude that Rule 18.”

Colorado Consum. Health Initiative v. Colorado Bd. of Health, 240 P.3d 525 (Colo. Ct. App. 2010). · cites it 4× “; see § 24-4-108(4)(a), C.R.S.2009 ("rules promulgated by the agency shall be based on the record, which shall consist of proposed rules, evidence, exhibits, and other matters presented or considered, matters officially noticed, rulings on exceptions, any findings of facts and…”

Colorado Mining Ass'n v. Urbina, 318 P.3d 562 (Colo. Ct. App. 2013). · cites it 5× “These proceedings must comply with the rulemaking procedures in the Colorado Administrative Procedure Act (APA), section 24-4-108, C.R.S.2013. See § 25-7-110(1) (requiring sixty-day notice and compliance with the rulemaking requirements of the APA for the adoption, promulgation,…”

Citizens for Free Enter. v. Dep't of Revenue, 649 P.2d 1054 (Colo. 1982). · cites it 3× “” As additional support for the trial court’s conclusion, the appellees point to section 24-4-108(4), C.R.S.1973 (1981 Supp.”

Morgan v. Colorado Dep't of Health Care Policy & Fin., 56 P.3d 1136 (Colo. Ct. App. 2002). · cites it 5× “Section 24-4-108(1), C.R.8.2001. Here, the seoring criteria in the LTC-100 worksheet have not been published as a regulation.”

Gessler v. Colorado Common Cause, 327 P.3d 232 (Colo. 2014). · cites it 2× “See § 24-4-108(4)(b)(IV), C.R.S. (2013) (providing that an agency rule can be adopted only if it "does not conflict with other provisions of law"); § 24-4-103(8)(a) (providing that "any rule .”

McCool v. Sears, 186 P.3d 147 (Colo. Ct. App. 2008). · cites it 6× “It provides: (1) In addition to all other powers and duties conferred or imposed upon the director by this article or by any other law, the director: (a) May promulgate rules and regulations pursuant to the provisions of section 24-4-108, C.R.S., to govern the registration of…”

Hanlen v. Gessler, 333 P.3d 41 (Colo. 2014). · cites it 3× “5 was contrary to law, it was promulgated in excess of the Secretary's authority and did not meet the standard for emergency rulemaking under section 24-4-108(8)(a), C.R.S. (2013) Accordingly, pursuant to section 1-1-113, the court ordered the county clerks and recorders to…”

Brighton Pharmacy, Inc. v. Colorado State Pharmacy Bd., 160 P.3d 412 (Colo. Ct. App. 2007). · cites it 5× “Section 24-4-108(8.2)(a), C.R.S. 2006. Substantial compliance is more than minimal compliance, but less than strict or absolute compliance.”

Wisdom Works Counseling Servs., P.C. v. Colorado Dep't of Corr., 2015 COA 118 (Colo. Ct. App. 2015). · cites it 4× “2003); see also § 24-4-108, C.R.S.2014 (rulemaking procedures); § 24-4-105 (hearings and determinations).”

Simpson v. Bijou Irrigation Co., 69 P.3d 50 (Colo. 2003). “With regard to water rule-making by the State Engineer, the General Assembly has specifically provided such procedures pursuant to sections 37-92-501(2)(g), 37-92-501(8)(a) and (b), and 87-92-8304, 10 C.”

Dunlap v. Colorado Dep't of Corr., 303 P.3d 572 (Colo. Ct. App. 2013). · cites it 5× “Dunlap alleged that the DOC had failed to comply with the rule-making procedures of section 24-4-108, C.R.S.2012. T6 Defendants moved to dismiss the complaint under C.”

Show all 18 citing cases →

— Colo. Rev. Stat. § 24-4-108(1) — 2 cases

Morgan v. Colorado Dep't of Health Care Policy & Fin., 56 P.3d 1136 (Colo. Ct. App. 2002). “Section 24-4-108(1), C.R.8.2001. Here, the seoring criteria in the LTC-100 worksheet have not been published as a regulation.”

Schlapp ex rel. Schlapp v. Colorado Dep't of Health Care Policy & Fin., 284 P.3d 177 (Colo. Ct. App. 2012).

— Colo. Rev. Stat. § 24-4-108(10) — 1 case

— Colo. Rev. Stat. § 24-4-108(4) — 2 cases

Citizens for Free Enter. v. Dep't of Revenue, 649 P.2d 1054 (Colo. 1982). “” As additional support for the trial court’s conclusion, the appellees point to section 24-4-108(4), C.R.S.1973 (1981 Supp.”

1405 Hotel, LLC v. Colorado Econ. Dev. Comm'n, 2015 COA 127 (Colo. Ct. App. 2015).

— Colo. Rev. Stat. § 24-4-108(4)(a) — 1 case

Colorado Consum. Health Initiative v. Colorado Bd. of Health, 240 P.3d 525 (Colo. Ct. App. 2010). “; see § 24-4-108(4)(a), C.R.S.2009 ("rules promulgated by the agency shall be based on the record, which shall consist of proposed rules, evidence, exhibits, and other matters presented or considered, matters officially noticed, rulings on exceptions, any findings of facts and…”

— Colo. Rev. Stat. § 24-4-108(4)(b)(IV) — 1 case

Gessler v. Colorado Common Cause, 327 P.3d 232 (Colo. 2014). “See § 24-4-108(4)(b)(IV), C.R.S. (2013) (providing that an agency rule can be adopted only if it "does not conflict with other provisions of law"); § 24-4-103(8)(a) (providing that "any rule .”

— Colo. Rev. Stat. § 24-4-108(5) — 1 case

Bd. of Cnty. Commissioners v. City of Black Hawk, 292 P.3d 1172 (Colo. Ct. App. 2012).

— Colo. Rev. Stat. § 24-4-108(8)(a) — 2 cases

Colorado Ethics Watch v. Gessler, 363 P.3d 727 (Colo. Ct. App. 2013). “He thus has exceeded his delegated authority under C.R.S. § 24-4-108(8)(a). ¶55 We agree and conclude that Rule 18.”

Hanlen v. Gessler, 333 P.3d 41 (Colo. 2014). “5 was contrary to law, it was promulgated in excess of the Secretary's authority and did not meet the standard for emergency rulemaking under section 24-4-108(8)(a), C.R.S. (2013) Accordingly, pursuant to section 1-1-113, the court ordered the county clerks and recorders to…”

— Colo. Rev. Stat. § 24-4-108(d4)(a) — 1 case

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