Making Colorado accessible to all:
In recent years, Colorado has made significant progress in improving digital accessibility across state and local government websites. This journey has been marked by a series of legislative measures aimed at establishing and enforcing standards for web accessibility, ensuring that all residents, including those with disabilities, can access digital content and services easily and independently. If covered entities don’t comply, they risk fines of $3,500 per violation.
Establishing a foundation- House Bill 21-1110:
Enacted in 2021, HB 21-1110 laid the groundwork for digital accessibility in Colorado. The bill mandates that all state and local government entities develop and implement accessibility plans, and the Governor’s Office of Information Technology in collaboration with the Attorney General’s office requires compliance with the Web Content Accessibility Guidelines (WCAG) Level 2.1 AA standards. The law covers various digital content, including websites, applications, and digital signage.
Key provisions:
- Development of accessibility plans: Government entities were required to submit their accessibility plans to the Governor’s Office of Information Technology (OIT) by July 1, 2022.
- Compliance deadline: Full compliance with WCAG 2.1 AA standards was required by July 1, 2024.
- Penalties for non-compliance: Entities failing to meet these standards could face court orders, monetary damages, and statutory fines of $3,500 per violation, payable to each plaintiff for each violation.
Clarifying and supporting implementation- Senate Bill 23-244:
Enacted in 2023, SB 23-244 aimed to clarify and enhance the provisions of HB 21-1110. This bill addressed enforcement mechanisms, provided additional funding, and clarified the responsibilities of the OIT in ensuring compliance.
Key updates:
- Clarification of penalties: Detailed guidelines on penalties and enforcement for non-compliance were provided.
- Funding extension: The use of funds allocated for IT accessibility compliance was extended from fiscal year 2023-24 to fiscal year 2025-26.
- Rulemaking authority: Granted the OIT the authority to establish and maintain accessibility standards, ensuring they align with the latest WCAG versions.
Providing a grace period- House Bill 24-1454:
In recognition of the challenges some entities might face in achieving full compliance, HB 24-1454, enacted in 2024, provides a one-year extension of immunity from liability for non-compliance, extending the deadline to July 1, 2025. This extension is contingent on agencies demonstrating good faith efforts toward compliance.
Requirements for extension:
- Quarterly reporting: Agencies must post quarterly progress reports on their compliance efforts.
- Redress process: Establish a process for addressing inaccessible digital products issues.
Progress and current situation:
As of now, Colorado is actively working towards meeting the established digital accessibility standards. The OIT has been instrumental in this process, offering resources, training, and tools to help state and local government entities achieve compliance. These efforts are documented in the OIT’s HB21-1110 FAQ, which provides detailed guidance on the standards and implementation process.
Looking forward:
Colorado’s legislative journey towards ensuring digital accessibility highlights the state’s commitment to inclusivity and equal access. By establishing clear standards, providing necessary resources, and offering a grace period for compliance, Colorado aims to create a more accessible digital environment for all its residents. The collective impact of HB 21-1110, SB 23-244, and HB 24-1454 marks significant progress in this ongoing effort.
