S.B. 96-8 Local emergency medical services - continuance. Deletes the repeal of statutory provisions that authorize and control the delivery of local emergency medical services, thereby extending such provisions beyond the scheduled repeal of July 1, 1997.
APPROVED by Governor April 8, 1996
EFFECTIVE April 8, 1996
S.B. 96-86 Pesticide applications - licensing of applicators, supervisors, and operators - regulation of pesticides - continuation under sunset law. Authorizes a limited commercial applicator to apply pesticides on property leased by such person or such person's employer in addition to property that is owned by such person or such person's employer. In addition to existing authorized actions, authorizes a pesticide technician to:
Eliminates the administrative fee that is required to place a pesticide-sensitive person on the registry maintained by the department of agriculture. Requires the proof of medical justification needed to qualify for such registry to be provided by a physician licensed in Colorado and to be updated every 2 years.
Requires any notice-of-application sign required to be posted when a pesticide is applied by a commercial or limited commercial applicator to include the following information in addition to other required information if the pesticide is applied on a commercial property site and an owner of the site or an agent of an owner is not present at the site:
Clarifies that any home rule county, home rule city and county, or home rule municipality is included in the statutory provisions governing imposition of additional notification requirements for pesticide applicators. Prohibits any local government from adopting or continuing in effect any provision regarding the use of any pesticide by a regulated person and pertaining to:
Provides that the prohibition against local government actions pertaining to pesticides does not limit the authority of a local government to take certain specified actions, including zoning for the sale or storage of pesticides, adoption and enforcement of building and fire codes, actions authorized or required by federal or state law, actions necessary to avoid a fine or other penalty, regulation of the use of pesticides on local government land, and issuance of general occupational licenses. Requires a local government that promulgates a regulation regarding pesticides to file with the department of agriculture a copy of the ordinance and a map or legal description of the geographic area intended to be regulated.
In addition to existing penalties, authorizes the commissioner of agriculture to discipline a license holder through the restriction or probation of the holder's license.
Authorizes the commissioner of agriculture to establish an examination grading fee for qualified supervisor and certified operator license examinations to pay the actual administrative costs incurred in the grading of examinations. Authorizes the department of agriculture to provide education programs for urban residents and firefighters regarding pesticides.
Requires a hearing regarding a violation to be held within a reasonable period of time rather than immediately. Directs final disciplinary actions to be appealed to the court of appeals rather than the district court. Provides that a person who is the subject of a proceeding has the right to a written notice and an opportunity to present arguments prior to imposition of discipline, rather than being allowed a right to cure, in the following cases:
Authorizes any court of competent jurisdiction, in addition to the commissioner of agriculture, to impose civil fines under the "Pesticide Applicators' Act".
Extends the automatic termination date of the authority of the commissioner of agriculture to license commercial applicators of pesticides, qualified supervisors, and certified operators to July 1, 2006.
APPROVED by Governor June 1, 1996
EFFECTIVE July 1, 1996
S.B. 96-168 Solid waste - extension of the collection of the annual site and facility fee. Extends the collection of the annual solid waste site and facility registration fee to July 1, 2001.
APPROVED by Governor March 18, 1996
EFFECTIVE March 18, 1996
S.B. 96-188 Air quality - protection of air quality related values in Class I federal areas - appropriation. Requires the air quality control commission to maintain a state-retained authority program for nonvisibility air quality related values in Class I federal areas in Colorado. Defines terms. Sets forth requirements for the air pollution control division in the administration of the program.
Specifies that federal land managers in Class I federal areas may initiate an assertion to the governor and to the air pollution control division that an air quality related value has been significantly impaired. Sets forth procedures to verify the assertion. If the assertion is not verified, ends the procedure at that point.
If the assertion is verified, requires the division to conduct attribution studies to determine the cause of the impairment and the source thereof. After such studies, provides that the division identify the appropriate control strategies to alleviate the impairment. Requires the division to issue an order to sources and source categories significantly contributing to air quality related value impairment if such sources have not entered into a voluntary enforceable commitment. Provides that such order require submission of a report within a reasonable period of time, the identification of best available retrofit technology by stationary sources of air pollution, and the identification of reasonably available control measures by all other sources. Requires the division to report on such matters to the commission.
Authorizes the air quality control commission to conduct rule-making proceedings to determine appropriate control strategies to alleviate the impairment. Establishes requirements and guidelines for the imposition of such control strategies.
Allows parties to agree to voluntary enforceable commitments to achieve sufficient emission reductions. Allows limited 10-year exemptions from further controls for sources or source categories agreeing to enforceable commitments to adopt control strategies as effective or more effective than best available retrofit technology for stationary sources or reasonably available control measures for nonstationary sources or control strategies determined by the division to assist in making reasonable further progress in reducing air quality related value impairment. Allows similar exemptions for sources that received a permit under the federal or state prevention of significant deterioration program prior to the effective date of this act.
Appropriates $15,065 and 0.2 FTE from the stationary sources control fund for implementation of this act.
APPROVED by Governor June 1, 1996
EFFECTIVE June 1, 1996
S.B. 96-224 Air quality - ozone maintenance state implementation plan. Postpones to December 31, 2005, the expiration of the ozone maintenance state implementation plan and related rules of the air quality control commission previously scheduled to expire May 15, 1997.
APPROVED by Governor May 23, 1996
EFFECTIVE May 23, 1996
H.B. 96-1030 Disease control - newborn screening - second specimen testing. Eliminates homocystinuria and maple syrup urine disease from among those conditions for which a newborn is screened pursuant to the "Newborn Screening and Genetic Counseling and Education Act". On and after July 1, 1996, requires infants born in the state of Colorado who have received newborn screening to have a second specimen taken to screen for certain health conditions. Authorizes the executive director of the department of public health and environment to promulgate rules, regulations, and standards for the implementation of the second specimen testing procedure. Identifies the subjects that such rules must address. Authorizes the executive director to adjust the newborn screening fee, not to exceed an increase of $5.75 initially, for such second screening. Allows for an annual increase in the fee to reflect any actual cost increase associated with the administration of the second screening.
APPROVED by Governor May 30, 1996
EFFECTIVE July 1, 1996
H.B. 96-1125 Department of public health and environment - executive director - qualifications - appointment of chief medical officer. Changes the qualifications for the executive director of the department of public health and environment. As an alternative to a degree of doctor of medicine, authorizes the executive director to have a degree of doctor of osteopathy or, at a minimum, experience or education in public administration and public or environmental health. States that, if the executive director has a degree of doctor of medicine or doctor of osteopathy, such person must also meet certain educational or experience requirements.
Requires the executive director to appoint a chief medical officer who has a degree of doctor of medicine or doctor of osteopathy and who meets the educational and experience requirements if the governor appoints an executive director who does not have such qualifications. Requires the appointment of a chief medical officer to be made upon consultation with the governor and with the consent of a majority of the members of the senate. Directs the appointment to be made within 3 months after the executive director's appointment is confirmed by the senate. Specifies the chief medical officer's duties.
APPROVED by Governor May 23, 1996
EFFECTIVE July 1, 1996
H.B. 96-1176 Immunization of minors - delegation of authority to immunize. Allows a parent or other person responsible for the care and custody of a minor, other than a licensed child care center employee, to delegate that person's authority to consent to the immunization of a minor to certain persons. Limits the facilities in which a child may be immunized pursuant to a delegation of authority. Identifies those circumstances in which a person may not consent to the immunization of a minor by means of delegated authority.
Directs the person to whom verbal authority has been delegated to confirm the verbal delegation in writing and to relay relevant health history to the administering practitioner so that the practitioner can determine whether the immunization is advisable.
Limits the practitioner's liability for damages resulting from factual errors in health information given when such practitioner reasonably relies upon the information given and exercises reasonable and prudent care in administering the immunization. Similarly limits the liability of the facility at which the immunization is administered.
APPROVED by Governor May 1, 1996
EFFECTIVE July 1, 1996
H.B. 96-1179 Air quality - northern front range air quality study - appropriation. Requires submission of a draft report of the northern front range air quality study to the general assembly and the governor no later than December 31, 1997. Makes the latest date for submission of the final report of the study July 1, 1998. Requires the study to consider past and on-going air quality studies of the region to utilize the information gathered in the current front range air quality study. Declares the intent of the general assembly that the study make use of all publicly funded studies, draft studies, and planning processes addressing air quality within the study area. Strongly urges the governing bodies of such other studies and planning processes to cooperate with the air quality study technical advisory panel. Adds representatives of the motor vehicle and petroleum industries and additional citizen members with technical expertise in air quality studies to the air quality study technical advisory panel. Extends the repeal date for the law authorizing the study to July 1, 1999. Prohibits any state elected official, cabinet member, or division head of a state agency from soliciting funds from the private sector for the study. Prohibits the study from using any method that involves stopping traffic on any public road for purposes of gathering information of a personal nature from motorists.
Appropriates $100,000 from the stationary sources control fund and $650,000 from the AIR account in the highway users tax fund to the department of public health and environment for allocation to Colorado state university for implementation of the act. Of such sums, specifies that $150,000 from the AIR account shall be used by the department of public health and environment to develop an inventory for light duty vehicles for particulates from gasoline and diesel powered vehicles and for testing vehicles in order to evaluate the effectiveness of control programs such as oxygenated fuels, alternative fuels, and inspection/maintenance in the Denver area.
APPROVED by Governor May 23, 1996
EFFECTIVE May 23, 1996
H.B. 96-1197 Air quality - rules - economic and risk analyses - multi-media environmental integration issues. Extends current requirements for economic and risk analyses of proposed stationary-source air pollution rules to include rules that apply to mobile sources. In provisions listing the criteria for invoking some analysis requirements, removes the criterion "not required by the federal [Clean Air] act", leaving as the only 2 criteria that the proposed state rule either "exceeds the requirements of" or "differs from" federal law or rules.
Eliminates current provisions creating an advisory committee to address multi-media environmental integration issues.
APPROVED by Governor June 1, 1996
EFFECTIVE June 1, 1996
H.B. 96-1271 Air quality - emission fees - exemption for fugitive dust. Clarifies that, for the purpose of assessing fees, fugitive dust is not included in the term "regulated pollutant".
APPROVED by Governor June 1, 1996
EFFECTIVE June 1, 1996
H.B. 96-1307 Air quality - stationary source program - ombudsman - stationary source fee - study - appropriation. Effective July 1, 1997, moves the ombudsman duties for the small business stationary source technical and environmental compliance assistance program from the office of regulatory reform in the department of regulatory agencies to the department of public health and environment outside of the air pollution control division.
Instead of requiring both that a stationary source demonstrate compliance with the construction permit for the facility and that the division of administration in the department of public health and environment inspect the project within 180 days after commencement of operation, provides that either the stationary source shall demonstrate such compliance or the division may inspect such project pursuant to rules adopted by the air quality control commission.
Continues the annual stationary source fee of $14.98 per ton of regulated pollutant through fiscal year 1996-97. Authorizes the executive director of the department of public health and environment to increase such fee for fiscal year 1997-98 and subsequent fiscal years, rather than for fiscal year 1996-97 and subsequent fiscal years.
Extends the repeal date for the efficiency task force that was convened to address the efficiency of the stationary source program from July 1, 1996, to July 1, 1997. Directs the efficiency task force to complete and present a final report on or before July 1, 1997.
Directs the executive director of the department of public health and environment, with the advice and assistance of the efficiency task force, to prepare a request for proposals for a study regarding methods for creating efficiencies in the air pollution control division's inspection and permitting programs. Requires such study to be completed and a report to be made to the governor and the general assembly on or before July 1, 1997.
Appropriates $275,000 out of the stationary sources control fund to the department of public health and environment administration and support division for implementation of the act. Decreases the appropriation in the general appropriation act air quality control division in to the department of public health and environment by $35,000 and 0.4 FTE.
APPROVED by Governor May 23, 1996
PORTIONS EFFECTIVE July 1, 1996, July 1, 1997
H.B. 96-1372 CERCLA awards for state general fund litigation costs - portion to be credited to natural resource damage recovery fund. Requires that moneys awarded to reimburse the state general fund for federal "Comprehensive Environmental Response, Compensation, and Liability Act" (CERCLA) litigation costs shall be credited to the natural resource damage recovery fund until $3,361,451, plus accrued interest, has been so credited. Allows an exception when specified by judicial order or decree. Provides that, after the natural resource damage recovery fund has been credited with these moneys, moneys awarded to reimburse state general fund costs shall be returned to the general fund.
APPROVED by Governor May 23, 1996
EFFECTIVE May 23, 1996
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