Health And Environment - Digest of Bills

Digest of Bills - 1995

HEALTH AND ENVIRONMENT

S.B. 95-19 Alcohol and drug abuse treatment facilities - fees - transfer - collections. Requires that the fees fixed by the division of alcohol and drug abuse within the department of human services for inspections of certain approved alcohol and drug treatment facilities be deposited in the alcohol and drug driving safety program fund. Allows approved alcohol treatment facilities to keep patient fees and third-party payments for services rendered by the facilities. Requires adoption of rules establishing a standardized ability-to-pay schedule for patients of such facilities.

APPROVED by Governor April 17, 1995
EFFECTIVE July 1, 1995

S.B. 95-76 Emergency medical-trauma care - statewide system created - appropriation. The bill contains the following:

State trauma advisory council (trauma council) created - Creates a fifteen-member state advisory council on trauma services in the department of public health and environment. Describes the membership of the trauma council, 11 of whom are to be appointed by the governor and 4 of whom are to be ex officio nonvoting members. Describes the powers and duties of the council with respect to the development and implementation of a statewide trauma care system. Reimburses council members for travel expenses.

Joint EMS-trauma advisory council (joint council) created - Establishes a joint council consisting of 3 representatives from the emergency medical services (EMS) council and 3 representatives from the trauma council. Requires the joint council to coordinate issues arising between the EMS council and the trauma council and to develop a plan for consolidating the EMS and trauma councils by November 1, 1996.

Statewide trauma care system - Requires the state board of health to adopt rules for the development, implementation, and maintenance of a statewide trauma care system. Requires the department of public health and environment to implement the system. Defines "trauma care system" as an organized approach to providing quality and coordinated care to trauma victims throughout the state by transporting a trauma victim to the appropriate trauma designated facility.

Requires all licensed hospitals to participate in the system, regardless of the level of designation.

System components - States that the state board of health is required to adopt rules relating directly to the following components of the system:

Minimum services in rendering care for trauma patients;
Transport protocols that require the transfer of patients to the most appropriate trauma facility;
Area trauma advisory councils (ATAC's) that are established by county governing bodies and that advise the counties in establishing "area trauma plans" for providing quality care to all trauma victims who are injured in any geographic area of the state;
Designation process for assigning an appropriate status to health care facilities that receive trauma patients. Authorizes designation of facilities as nondesignated or level I, II, III, or IV based on a facility's capabilities in and commitment to providing trauma care.
Communications system;
Statewide trauma registry;
Public information, education, and injury prevention services;
Quality assurance system;
Trauma care for pediatric patients.

Financing - States that financing for the system will be contingent upon the availability of highway safety seed moneys from the department of transportation, surplus moneys appropriated to the department of public health and environment from the emergency medical services account that are unexpended administrative moneys, moneys from the statewide trauma care system cash fund, and other funds that the department is authorized to accept. Prohibits other emergency medical account moneys to be used for financing the administration of the statewide trauma system. Creates a statewide trauma care system cash fund. Allows the state board of health to establish a schedule of fees related to the direct and indirect costs of designating facilities. Authorizes the department of public health and environment to collect the fees from facilities applying for designation.

Miscellaneous provisions - Establishes immunity form liability for specified cities and persons acting in compliance with the Act. Specifies that immunity does not extend to the provision of medical care and that the provision of care is governed by the medical malpractice act. Penalizes any facility misrepresenting its trauma facility status and any facility or person violating board rules. Allows the state board of health to adopt rules for regulatory sanctions against facilities. Imposes reporting requirements. Changes statutory references from "council" to "EMS council".

Appropriation - Makes the following appropriations for the implementation of the act:

$137,667 and 2.0 FTE to the department of public health and environment, of which $77,667 is from the emergency medical services account of the highway users tax fund and $60,000 is from the department of transportation
$50,554 and 1.0 FTE to the department of administration from the emergency medical services account of the highway users tax fund.

APPROVED by Governor June 5, 1995
EFFECTIVE July 1, 1995

S.B. 95-110 Air pollution - state implementation plans (SIP) - legislative review and approval. Amends the Denver element of the particulate matter 10 (PM-10) SIP to provide that the mobile source emissions budget of 60 tons per day until 1998, with a reversion to 44 tons per day thereafter, will not be a part of the SIP and will only apply as a regulation adopted under reserved state authority pursuant to the federal "Clean Air Act". Specifies that the 60 tons per day emissions budget, until modified by action of the air quality control commission (AQCC), will be included in the SIP and will apply for purposes of transportation conformity under the federal "Clean Air Act". States that any entity with authority to adopt a transportation plan under state law shall consider any mobile source emissions budget in effect under state law.

Specifies that the AQCC may only submit a SIP, any rule which is a part thereof, or any revision thereto, to the administrator of the federal environmental protection agency (EPA) for conditional or temporary approval. No such SIP, rule, or revision may take effect for purposes of federal enforceability or enforcement of any kind at the state level against any person or entity unless expiration of the SIP, rule, or revision has been postponed by the general assembly acting by bill in the same manner as for other administrative rules under the "State Administrative Procedure Act". Specifies that this act shall not apply to control measures adopted and implemented by a local unit of government if the measure does not result in mandatory direct costs on an entity other than the enacting jurisdiction.

Requires the legislative council to conduct a review of the SIP, rule, or revision to determine whether it accomplishes the results intended by enactment of the statutory provisions under which the SIP, rule, or revision was adopted. After allowing a public hearing preceded by adequate notice to the public and the AQCC, the legislative council may make such recommendations as it deems appropriate. Specifies that this act applies to actions of the AQCC taken after January 1, 1995.

Requires regulations not required by the federal "Clean Air Act" to be identified by the AQCC and notice thereof to be provided to the public.

Requires the AQCC to submit certain information related to SIP development to the legislative council by November 15 of each year in the form and manner required by the legislative council. Requires the AQCC to communicate regularly with the legislative council on matters regarding SIPs and SIP developments.

Repeals the provisions of this act on July 1, 2000. States that no separate appropriation of state moneys is required for implementation of this act.

APPROVED by Governor May 31, 1995
EFFECTIVE May 31, 1995

S.B. 95-140 Medication reminder boxes - adult day care. Allows facilities that provide adult day care to use medication reminder boxes for dispensing medication to the persons for whom such facilities care.

APPROVED by Governor May 22, 1995
EFFECTIVE May 22, 1995

S.B. 95-207 Air quality - alternative fuels for clean vehicle fleet program. Amends the definition of "alternative fuels" for purposes of the Colorado clean vehicle fleet program to include fuels such as clean diesel and reformulated gasoline, so long as those fuels are determined by the air quality control commission to make comparable reductions in carbon monoxide emissions and brown cloud pollutants.

APPROVED by Governor May 31, 1995
EFFECTIVE May 31, 1995

S.B. 95-212 Hospitals - employment of health care professionals. Expresses legislative intent with respect to ethical guidelines for the corporate practice of medicine. Deletes the restriction that only hospitals located in a county with a population of less than one hundred thousand may employ certain health care professionals. Provides for an internal due process procedure and provides for remedies for when a health care professional believes he or she has been aggrieved by a hospital's acts that control or attempt to control the professional's independent professional judgment. Changes the standard of conduct that constitutes a violation.

APPROVED by Governor May 25, 1995
EFFECTIVE July 1, 1995

S.B. 95-226 Air quality related values - protection from impairment - Class I federal areas. Requires the air quality control commission to maintain a program to address claims by federal land managers that an air quality related value is being impaired in a Class I federal area in Colorado. Defines air quality related values and specifies that they include certain categories including odor, flora, fauna, soil, water, geologic features, and cultural resources, but not visibility.

Requires the program to address claims of impairment to be structured so that:

The division of administration (division) in the department of public health and environment is primarily responsible for overseeing the provisions of the program;
The air quality control commission holds necessary and appropriate hearings and promulgates necessary and appropriate rules;
The federal government has certain primary responsibilities in the program including initiating the assertion of impairment and funding the collection of baseline data;
Local and affected parties are encouraged to participate in the program;
Baseline data is collected by the federal land manager in coordination with interested parties;
The division evaluates information submitted to substantiate the assertion;
Impairment is verified by scientific sources as expeditiously as possible, with primary funding from sources other than the division and information or studies concerning other areas used as relevant and beneficial to the program;
Scientific and citizen advisory bodies are utilized to evaluate elements of the impairment assertion including the significance of the impairment, sources of the impairment, and control strategies;

As necessary and appropriate based upon data provided:

Informal negotiations are conducted with the source or source categories of impairment concerning control strategies and the voluntary implementation thereof;
A public rulemaking hearing is conducted to address implementation of control strategies if voluntary implementation is not possible;
Implementation of control strategies is required pursuant to a rule by the commission if warranted as a result of the rulemaking hearing;
The commission reports to the general assembly concerning the rule adopted to enforce control strategies; and
The general assembly, allowing for a public hearing, determines whether the rule implementing the control accomplishes the goals of the program.

VETOED by Governor June 5, 1995

H.B. 95-1016 Asbestos certification - renewal - recertification - project managers - continuation under sunset law. Continues the authority of the air quality control commission and the air pollution control division in the department of public health and environment to regulate asbestos abatement certification until July 1, 2001, pursuant to the provisions of the sunset law.

Changes the minimum scope of asbestos abatement to which the asbestos abatement laws apply from not less than 50 linear feet to not less than 260 feet on pipes and from not less than 32 square feet to not less than 160 feet on other materials. Allows the commission to adopt rules requiring certain training for persons seeking certification, recertification, or renewal of a certificate. Requires annual refresher courses. Authorizes the commission to adopt rules concerning the manner in which an abatement project is conducted to avoid conflicts of interest between identifying asbestos-containing materials and the abatement of such materials. Specifies that rules adopted may include requirements for using project managers on projects of a certain size. Requires fees paid for notifications to demolish, renovate, or perform asbestos abatement be paid annually for large contiguous facility complexes and on an individual notification basis for small noncontiguous facilities. Requires notification requirements to be consistent with federal law.

Reduces the time within which a certificate holder may reinstate a certificate after it expires. Sets out requirements for the renewal of a certificate. Expands the time periods for which a certificate may be renewed.

Adds the plea of nolo contendere to a violation of an asbestos abatement law or regulation in another jurisdiction as a basis for taking disciplinary action against a certificate holder. Changes the basis for issuance of a letter of admonition from conduct that does not warrant formal action to conduct that does not warrant suspension or revocation. Lengthens the waiting period for reapplication after a certificate is revoked.

APPROVED by Governor March 17, 1995
EFFECTIVE July 1, 1995

H.B. 95-1030 Food sales - nonprofit or charitable organizations - exempt locations. Exempts the sale of food by nonprofit or charitable organizations from the licensure requirement if the food is sold at an event or celebration in the county in which the organization is principally located. Limits the duration of qualifying events or celebrations to a maximum of 52 days within a calendar year.

APPROVED by Governor April 13, 1995
EFFECTIVE April 13, 1995

H.B. 95-1147 Solid waste disposal - disposal sites - annual registration fees. Increases the maximum annual registration fee that may be charged by the department of public health and environment for a solid waste site and facility from $5,000 to $6,000.

APPROVED by Governor April 7, 1995
EFFECTIVE July 1, 1995

H.B. 95-1161 Pollution prevention advisory board - extended - purposes. Continues the pollution prevention advisory board. Extends the authority of the department of public health and environment to charge and collect pollution prevention fees from reporting agencies. Revises the powers and duties of the board to include support of efforts that prevent pollution. Clarifies that pollution prevention fees shall be paid annually by reporting facilities. States that federal agencies with pollution prevention operations in Colorado shall also pay pollution prevention fees.

APPROVED by Governor April 7, 1995
EFFECTIVE April 7, 1995

H.B. 95-1220 Health facilities authority - definitions. Adds pharmacies and tangible and intangible assets relating to a health care professional's medical practices to the definition of "health facility" in the "Colorado Health Facilities Authority Act". Adds new entities to the definition of "health institution", including networks or joint ventures of health care providers, integrated health care delivery systems, health care purchasing alliances, and related participants and entities.

APPROVED by Governor May 22, 1995
EFFECTIVE July 1, 1995

H.B. 95-1228 Environmental requirements - small communities - integrated environmental compliance agreements. Authorizes a small community, defined as a municipality, county, or special district with a population of 2,500 or less or a combination of such governments, to enter into an integrated environmental compliance agreement with the department of public health and environment. Requires a small community wishing to enter into an agreement to submit an environmental priorities plan to the department. Requires that plans be submitted on or before July 1, 1998, unless a small community did not become aware of and could not have anticipated the environmental concerns in time to meet the deadline. Requires that a small community provide a meaningful opportunity for the public to participate in the preparation of a plan. Authorizes the multimedia environmental advisory committee to develop guidance documents that provide criteria for the preparation of plans.

Provides that the environmental requirements that may be addressed in an integrated environmental compliance agreement are the state statutory requirements concerning air quality, water quality, radiation control, hazardous waste, underground storage tanks, and solid waste disposal. Directs that an agreement shall identify actions to be taken by a small community that will result in compliance with the environmental requirements as soon as practicable within 10 years. Directs that an agreement is enforceable pursuant to the statutes governing the environmental requirements addressed in the agreement. Allows amendment of agreements to address unanticipated compliance concerns.

Directs the department of local affairs to provide assistance to small communities in the preparation of environmental priorities plans upon request. Authorizes the department of public health and environment, in cooperation with the department of local affairs, to identify opportunities for small communities to share information or to work with larger communities with regard to preparation of plans.

APPROVED by Governor May 25, 1995
EFFECTIVE July 1, 1995

H.B. 95-1238 Waste tires - cleanup - use of moneys in cash fund - grants to counties - reports. Declares that an additional purpose of the statutory provisions concerning strategies for motor vehicle waste tires is to provide for the cleanup of tires that have been disposed of illegally. Establishes the maximum percentage of moneys appropriated from the waste tire recycling development cash fund that may be allocated to the division of local government for cleanup purposes beginning with the fiscal year commencing July 1, 1996, at 30%, less administrative expenses. Allocates such moneys until the executive director of the department of local affairs certifies to the general assembly and the Colorado housing and finance authority (CHAFA) that all illegal waste tire dumps or storage facilities have been closed and that tires stored at such facilities have been properly disposed of or recycled.

Delays the repeal of the statutory provisions concerning strategies for motor vehicle waste tires, including imposition of the recycling development fee, until July 1, 2000.

Authorizes the director of the division of local government, in consultation with the executive director of the department of local affairs, to expend money allocated to the division of local government for cleanup purposes to provide for disposal or recycling of illegally dumped or stored waste tires. Allows the director to make such expenditures in the form of grants to counties. Requires that moneys appropriated from the waste tire recycling development cash fund to the division of local government for cleanup purposes be deposited in and expended from the waste tire cleanup fund. Declares that the waste tire cleanup program is a new program and that its administration requires services of a specialized nature which justify authorizing the director to contract out for administration of the program, if such contract is otherwise in accordance with law.

Requires the director of the division of local government, in providing assistance to counties for cleanup purposes, to give primary consideration to the number of illegal facilities in each county and to whether recycling facilities are available.

Provides that counties may use cleanup grants for cleanup purposes only but may use county personnel or contract with other entities for such services. Sets forth a state policy that prefers recycling over storage or disposal of waste tires and permits counties to give preferential bidding treatment to recycling proposals.

Requires each county receiving cleanup funds to submit to the director of the division of local government and to the General Assembly a biennial report, commencing January 1, 1997, concerning the quantity of tires removed from illegal dumps or storage facilities in the county, the method of disposal or recycling, and the quantity of tires remaining to be properly disposed of or recycled in future years.

Requires the director of the division of local government to submit a report to the General Assembly no later than January 1, 1999, concerning expenditures made for cleanup purposes, the status of cleanup activities, the status of illegal dumping or storage facilities in each county, the amount of waste tires recycled, and the cost-effectiveness of making the grants authorized by the act.

Instructs the executive director of the department of local affairs to make a certification to the General Assembly and CHAFA when the executive director determines that all illegal waste tire dumps and storage facilities in the state have been closed and the tires held by such facilities have been properly disposed of or recycled. Repeals the section creating the waste tire cleanup fund and authorizing expenditures therefrom on receipt of such certification from the executive director.

Repeals the following provisions pertaining to CHAFA's economic development fund: The limitations on the percentage of economic development funds that may be used for waste diversion or recycling programs, for new businesses' startup costs, and for a single individual or entity; the specific items to be included in CHAFA's biennial report concerning expenditures from the economic development fund; and the percentage limitation on the amount of costs that may be charged to the economic development fund. Delays the repeal date of provisions concerning CHAFA's economic development fund to July 1, 2005.

APPROVED by Governor May 31, 1995
EFFECTIVE May 31, 1995

H.B. 95-1249 Health care facilities - regulation - increase in fees - creation of cash fund - study of licensing and fee structure - appropriation. Increases the license fee for hospitals and health care facilities from $30 to $150. Increases the fee for a provisional license from $10 to $150. Directs the department of public health and environment to conduct a study of the feasibility of restructuring its licensure program and identifying an appropriate funding structure for such program. Requires a report on the study to be submitted to the general assembly on or before December 15, 1995.

Creates the health facilities general licensure cash fund for the collection of license fees and directs that appropriations be made from such fund to the department of public health and environment to partially reimburse the department for the direct and indirect costs of licensure, inspection, and enforcement of standards. States that such license fees are not applicable to facilities wholly owned and operated by a governmental unit or agency and that appropriations for regulating those entities shall not be made out of the cash fund.

Requires the department of public health and environment to annually file a report of its fees, revenues, and the costs of regulating health facilities with the state auditor, the joint budget committee, and the house and senate health, environment, welfare, and institutions committees.

Updates the terminology for health facilities regulated by the department of public health and environment.

States that the department of public health and environment has primary responsibility for the licensure of community mental health centers and the department of human services has primary responsibility for program approval. Clarifies that a community residential home shall apply for a license pursuant to the statute providing for joint licensure by the department of public health and environment and the department of human services.

Changes a reporting requirement for hospitals so that reporting is upon request of the department of public health and environment rather than quarterly. Authorizes the department of public health and environment to subpoena documents relating to issuing or taking disciplinary action against a license.

Appropriates $96,750 to the department of public health and environment out of the health facilities general licensure cash fund for the implementation of the act. Decreases the appropriation to the department of public health and environment in the 1995 long bill by $19,010.

APPROVED by Governor May 25, 1995
EFFECTIVE July 1, 1995

H.B. 95-1326 Air pollution - air quality rules - adoption - required analysis. For all rules applicable to stationary sources of air pollution, provides that at the time of publication of notice for public rule-making, the technical secretary of the air quality control commission (AQCC) must provide at cost to the public upon request a proposed rule-making packet containing:

A memorandum of notice;
The actual language of the proposed rule;
A statement describing the fiscal and economic impact of the proposed rule;
A statement describing the potential justification for terms differing from federal requirements;
On or before July 1, 1997, a statement describing the risk analysis if required pursuant to action of the general assembly;
The range of regulatory alternatives to be considered in adopting the proposed rule; and
Any other concise background material that would assist the interested and affected public in understanding the impact of the proposed rule.

Specifies that the technical secretary may omit certain required items from the proposed rule-making packet if a rule adopts by reference applicable federal rules or implements prescriptive state statutory requirements where the AQCC has no significant policy-making options, or where the rule will have no regulatory impact on any person, facility, or activity.

Requires the technical secretary, in cooperation with proponents of any rule related to stationary sources, to provide a memorandum of notice containing:

An explanation of the proposed rule;
A disclosure of materials contained in the proposed rule;
A preliminary plan for meetings with the commission staff on the proposed rule;
An explanation of the problem sought to be remedied by the proposed rule;
An analysis of how the proposed rule solves the problem sought to be remedied;
An explanation of the process used to develop the proposed rule;
An initial analysis of the economic effects of the proposed rule;
An explanation of the substantive differences with federal requirements and requirements of Utah, Arizona, and New Mexico, where relevant;
An explanation of how the proposed rule may be implemented;
Whether there will be any time constraints on the regulated community and state agencies as a result of implementation or a delay in implementation of the proposed rule;
A contact person or persons who may provide additional information on the proposed rule to interested parties; and
A no-action analysis.

Sets forth the requirements for an initial economic impact analysis. Specifies that any person may request a regulatory analysis under the "State Administrative Procedure Act", which analysis must be made available at least 5 working days before the hearing unless there is an imminent and serious hazard to health, welfare, or the environment. Specifies that the air pollution control division in the department of public health and environment may request affected industry to submit information regarding the cost of compliance with a proposed rule. States that the required economic impact analysis shall be based upon reasonably available data and shall consist of cost-effectiveness analyses or industry studies examining the direct costs of the proposal directly on affected entities. Requires the office of regulatory reform in the department of regulatory agencies, in coordination with the air pollution control division, to conduct cumulative economic analyses of all air pollution control measures on stationary sources every 5 years beginning in 2000.

Requires the AQCC to make available in writing a copy of any proposed rule which is not required by federal law, exceeds requirements of federal law, or differs from federal requirements and also to make available a detailed, footnoted explanation of the differences between the rule and the federal requirements.

Requires the executive director of the department of public health and environment to appoint a task force to study how the AQCC should use risk cost-benefit analyses as part of its procedures for adopting some or all of its rules. Specifies requirements for members of the task force and outlines its duties. Requires a final report to be submitted to the governor, the committees of reference of the general assembly, the executive director of the department of public health and environment, and the AQCC no later than August 1, 1996. States that the general assembly shall provide guidance to the AQCC to incorporate, prior to July 1, 1997, the task force's recommendations into the AQCC's procedural rules. Also states that the general assembly shall consider any additional appropriations required for implementing the recommendations of the task force. Repeals the statutory authority for the task force on July 1, 1997.

Sets forth certain specific findings required by the AQCC prior to adoption of certain nondiscretionary final rules with respect to stationary sources of air pollution.

With respect to permitted sand and gravel operations or stone quarry or oil and gas well operations, if a breakdown of equipment or changes in market conditions requires any additional crusher or screen or skid-mounted compressor or glycol dehydrator to be brought onto a site, the air pollution emission notice filed under state law shall also serve as an application for a permit to continue operations at such a site with alternative or additional equipment until a permit is issued stating emission limitations.

Encourages the federal EPA to appear early and often in hearings before the AQCC so that federal positions and interpretations are heard. Provides that if the federal EPA does not comply and appear, the AQCC may not receive evidence from the EPA and that opinions of the EPA shall carry no weight before the AQCC or in any judicial proceeding.

Appropriates $81,646 to the department of public health and environment for allocation to the air quality control division for the fiscal year beginning July 1, 1995.

APPROVED by Governor June 5, 1995
EFFECTIVE June 5, 1995

H.B. 95-1345 Air pollution - northern front range air pollution data collection and technical evaluation. Directs the general assembly and the governor to solicit the participation and the financial support of private sector organizations to conduct a study to identify and apportion the sources of air pollution that contribute to Denver urban visibility reduction. Provides that the study shall be jointly funded by the public and private sectors. Establishes parameters for the study and establishes a technical advisory panel to assist the in determining specifications for the study. Provides that the governor, president of the senate, and speaker of the house of representatives shall contract with Colorado state university to oversee the study.

APPROVED by Governor May 31, 1995
EFFECTIVE May 31, 1995