Colorado § 26-11-209 - State funding for senior services contingency reserve fund - creation - fund - reporting - appropriation - definitions - repeal.

§ 26-11-209. State funding for senior services contingency reserve fund - creation - fund - reporting - appropriation - definitions - repeal.

(1) As used in this section, unless the context otherwise requires:

(a) "Eligible services" means services that are authorized by the federal "Older Americans Act of 1965", as amended, and the "Older Coloradans' Act", as specified in this article 11.

(b) "Force majeure" means fire; explosion; action of the elements; strike; interruption of transportation; rationing; shortage of labor, equipment, or materials; court action; illegality; unusually severe weather; act of God; act of war; or any other cause that is beyond the control of an area agency on aging or a provider of eligible services and that could not have been prevented by the exercise of reasonable diligence.

(c) "Fund" means the state funding for senior services contingency reserve fund created in subsection (2) of this section.

(2) The state funding for senior services contingency reserve fund is created in the department of the treasury to assist the state office of aging in addressing unforeseen circumstances experienced by an area agency on aging or a provider of eligible services.

(3) The state department may disburse money from the fund to an area agency on aging or a provider of eligible services to cover the direct costs of continuing to provide eligible services in the event of any of the following unforeseen circumstances:

(a) Financial or operational emergencies caused by force majeure;

(b) A disruption in the delivery of eligible services due to an unexpected change in provider availability or operational capacity;

(c) An unintended delay or interruption in state or federal appropriation allocations; or

(d) An emergency disaster declaration.

(4) To receive a disbursement from the fund, an area agency on aging or a provider of eligible services must apply for a disbursement in the manner and form prescribed by the state department.

(5) The amount disbursed to an area agency on aging or a provider of eligible services pursuant to subsection (3) of this section must cover the costs of providing eligible services for no more than ninety days. If an area agency on aging or a provider of eligible services needs additional funding following the initial disbursement period, the area agency on aging or the provider of eligible services may reapply for additional funds.

(6) (a) The fund consists of money allocated to the fund by the state department and any additional money the general assembly appropriates to the fund. The general assembly shall annually appropriate money in the fund to the department of human services for use in administering the fund. Any money remaining in the fund at the end of a state fiscal year remains in the fund and shall not be credited or transferred to the general fund or any other fund.

(b) Three days after February 27, 2024, the state treasurer shall transfer two million dollars to the fund from the general fund.

(c) Repealed.

(7) Notwithstanding section 24-1-136 (11)(a)(I), on or before January 1, 2025, and on or before each January 1 thereafter, the state department shall submit a report to the office of state planning and budgeting and the joint budget committee of the general assembly specifying which area agency on aging or provider of eligible services received money from the fund and, for each area agency on aging or provider of eligible services that received money from the fund, specify the amount disbursed and the purpose for which the money was disbursed to the area agency on aging or provider of eligible services.

(8) This section is repealed, effective September 1, 2029. Before the repeal, the fund is scheduled for review in accordance with section 2-3-1203.

Source: L. 2024: Entire section added, (HB 24-1211), ch. 7, p. 17, § 1, effective February 27. L. 2025: (6)(c) added, (SB 25-264), ch. 129, p. 508, § 40, effective April 25.

Editor's note: Subsection (6)(c)(II) provided for the repeal of subsection (6)(c), effective July 1, 2026. (See L. 2025, p. 508.)