Colorado: How to Demonstrate Good Faith Compliance Under HB24-1454

As we’ve written about the July 1, 2024 deadline for Colorado’s HB21-1110 law is close to being extended for another year to July 1, 2025. HB21-1110 requires WCAG 2.1 AA conformance for all technology, including websites, documents, and software.

But the HB21-1110 extension doesn’t come automatically. HB24-1454 requires demonstrating a good faith effort towards compliance. But what constitutes a good faith effort?

Here’s the exact language from HB24-1454:

(II) (A) A public entity or state agency is immune from liability for a violation of subsection (1)(c)(I) of this section until July 1, 2025, if the public entity or state agency demonstrates good faith efforts toward compliance with the accessibility standards established pursuant to section 24-85-103 or, as necessary, makes good faith efforts toward resolution of a complaint of noncompliance. To be eligible for the immunity authorized pursuant to this subsection (1)(c)(II), by July 1, 2024, a public entity’s or state agency’s good faith efforts must include creating a progress-to-date report that demonstrates concrete and specific efforts toward compliance on the entity’s or agency’s front-facing web pages; updating the report on a quarterly basis; and creating a clear, easy-to-find process for requesting redress for inaccessible digital products, including contact options that are not dependent on web access or digital accessibility and are prominently displayed on all front-facing web pages.

Colorado.gov, HB24-1454

The Colorado Governor’s Office of Information Technology (OIT) details the good faith requirements in its example Accessibility Plan document.

Compliance with HB24-1454:

A government entity that is not able to meet the steps to comply with the OIT rules by July 1, 2024 may instead pursue compliance with the requirements of HB24-1454 through July 1, 2025. On July 1, 2025 all government entities must comply with the OIT rules.

A government entity may be immune from liability through July 1, 2025 for failure to comply with the OIT rules if they meet the following three criteria:

  • Make good faith efforts toward resolution of a complaint of noncompliance;
  • Create a clear, easy-to-find process that is prominently displayed on all front-facing web pages for requesting redress for inaccessible digital products, including contact options that are not dependent on web access; and
  • Create and post on front-facing web pages a progress-to-date report that is updated quarterly and demonstrates concrete and specific efforts toward compliance with the OIT rules.
Colorado OIT

The Colorado OIT then provides a full example plan to help demonstrate good faith progress.

Services

If you need help creating a plan, organizing your HB21-1110 project, managing your HB21-1110 project, we can help.

We can also help make your digital assets WCAG 2.1 AA conformant. We offer audit, remediation, user testing, and consultation services.

Contact us to outsource your HB21-1110 project work.

Accessible.org also has numerous resources to help you work towards compliance.

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