S.B. 98-4 Air quality control - visibility standards - federal activities - state review and permit procedures. Requires that all relevant provisions of the state implementation plan for air quality, including permit requirements, fees, and penalties, that apply to private and nonfederal governmental property and facilities within the state also be imposed upon federal property, facilities, and activities. Declares that significant contributions to regional haze and visibility impairment emanate from federal lands within the state, and that this act is adopted pursuant to authority granted to the state under the federal "Clean Air Act".
Directs the air quality control commission to require all federal facilities to minimize emissions using available, practicable, and technologically feasible methods in order to minimize the impact or reduce the potential for such impact on both the attainment and maintenance of national ambient air quality standards and the achievement of federal and state visibility goals. Requires federal land managers to submit permit applications that specify in the land management plan for those federal lands how compliance with this act will be achieved.
For purposes of an existing partial exemption from clean-air rules in the case of "agricultural operations", specifically excludes forest management and habitat management activities of federal or state land managers from the term "agricultural operations". Defines such activity as "commercial" rather than "noncommercial" for purposes of provisions imposing civil penalties of $100 per day for noncommercial violations and $10,000 per day for commercial violations. Specifies that no permit for open burning shall be issued by the air pollution control division after July 1, 1999, unless the land management plan for the area to be burned has been approved by the commission pursuant to this act.
VETOED by Governor June 2, 1998
S.B. 98-10 Water quality control - permit fees - temporary increases - new categories - appropriation. Increases annual fees assessed upon the holders of water pollution discharge permits by the division of administration in the department of public health and environment by 5.8% for a 2-year period, after which the fees revert to current levels. Creates new permit fee categories for permit amendments and for general minimal discharge of industrial or commercial wastewaters. Removes an obsolete provision pertaining to adjustment of fees in the 4 fiscal years beginning in 1988-89.
Appropriates $96,842 to the water quality control division in the department of public health and environment for the 1998-99 fiscal year.
APPROVED by Governor June 1, 1998
EFFECTIVE July 1, 1998
S.B. 98-72 Anatomical gifts - requirements - deletion of witness requirements - deletion of HLA typing requirements - clarifying revocability - clarifying provisions of organ and tissue donation awareness fund. Deletes the requirement that drivers' licenses and identification cards issued by the department of revenue must contain space to indicate the results of HLA typing information for purposes of matching anatomical gifts for transplants. Clarifies provisions for the execution of declarations for anatomical gifts.
Specifies that an anatomical gift not revoked by the donor prior to death becomes irrevocable and does not require consent or concurrence of any person after the donor's death. Specifies that, after being issued a driver's license or identification card, a person may at a later time become an anatomical donor by signing such person's name on the reverse of the license or identification card.
Deletes the requirement for 2 witnesses to an organ or tissue donor document. Specifies that a "Y" in the donor field on the front of a driver's license or identification card indicates that an anatomical gift becomes effective upon the death of the donor. Revises the form placed on the reverse of drivers' licenses and identification cards to be consistent with such changes. Specifies that a medical durable power of attorney, other powers of attorney related to health care decisions, and living wills may have a document with a written statement as specified in the "Uniform Anatomical Gift Act" indicating a decision regarding organ and tissue donation. Specifies that the CPR directive protocols adopted by the state board of health shall also have a written statement as specified in the "Uniform Anatomical Gift Act" allowing a person to indicate a decision regarding organ and tissue donation.
Specifies that moneys in the organ and tissue donation awareness fund are continuously appropriated to the department of the treasury for transfer, at least quarterly, to the transplant council of the rockies for the purpose of promoting the donation of organs and tissue as provided by law. Directs that interest earned on moneys in such fund be credited to the fund rather than to the general fund. Exempts the fund from the 15% management fee charged by the state treasurer. Deletes authority to appropriate moneys from the fund to the department of revenue to cover administrative costs of collecting moneys donated to the fund. Continues provisions related to the fund until July 1, 2004.
APPROVED by Governor June 1, 1998
EFFECTIVE June 1, 1998
S.B. 98-142 Air pollutant emissions - voluntary reductions - recovery of air quality improvement costs. Authorizes the owner or operator of a stationary source or group of stationary sources to obtain regulatory assurance by entering a voluntary agreement to reduce or limit emissions of air pollutants. Requires the division of administration of the department of public health and environment and the owner or operator to structure emission limitations or reductions contained in a voluntary agreement to minimize the costs and maximize the operational flexibility of the owner or operator. Requires the division to evaluate the emission limitations contained in a proposed voluntary agreement to determine whether the limitations will result in reduction in actual emissions or actual emission rates, emission reductions earlier than required by existing laws or regulations, and emission reductions greater than required by existing laws or regulations, and will protect human health or the environment. Requires the division to evaluate the assurance period proposed in the voluntary agreement based on the environmental benefits of the emission limitations, the time needed to achieve the limitations, the costs associated with achieving the limitations, and the energy and environmental impacts not related to air quality of achieving the limitations. Authorizes the division to reject any proposed voluntary agreement that does not meet specified requirements. Allows the owner or operator to petition the air quality control commission if the division rejects a proposed voluntary agreement.
Requires the division to submit any proposed voluntary agreement that meets specified requirements to the air quality control commission for approval. Requires the air quality control commission to provide notice and an opportunity for public comment on the proposed voluntary agreement. Requires the commission to approve the proposed voluntary agreement unless it finds by substantial evidence that the proposed voluntary agreement is inconsistent with the requirements for such agreements. Prohibits the commission from imposing emission limitations or an assurance period different than proposed in the voluntary agreement without the express written approval of the owner or operator of the stationary source or group of stationary sources subject to the agreement. Makes the emission limitations and other provisions of a voluntary agreement enforceable in accordance with the terms and conditions of such agreement if the commission approves the agreement.
Provides that a stationary source or group of stationary sources subject to a voluntary agreement shall not be required to install additional pollution control equipment or implement additional pollution control strategies to reduce emissions of the air pollutant subject to voluntary emission limitations for the assurance period identified in the voluntary agreement, not to exceed 15 years, in order to comply with specified state or federal regulatory requirements. Excepts requirements applicable to mobile sources and certain requirements of the federal "Clean Air Act" from the regulatory assurances granted under a voluntary agreement.
Establishes a 15-year assurance period for the owner or operator of any coal-fired power plant that reduces, pursuant to a voluntary agreement, the uncontrolled sulfur dioxide emission rate by an average of at least 70% and the actual emission rate of sulfur dioxide by an average of at least 50% from one or more units within the same airshed. Prohibits a coal-fired power plant that is the subject of a certification of visibility impairment in a federally designated class 1 area as of July 1, 1998, from entering a voluntary agreement for the pollutant subject to such certification unless the owner or operator has negotiated a settlement with the division and the voluntary agreement is consistent with the terms and conditions of such settlement. Authorizes the commission to impose by rule a different emission limitation based on a technology requirement in the federal act if a different emission limitation is necessary to comply with the federal act and installation of the technology is not required until the general assembly has acted to postpone the expiration of the rule in accordance with the state administrative procedure act.
Sets a 100 hour and a $50 per hour rate as the maximum fee for work the division performs to negotiate a voluntary agreement unless the owner or operator proposing the voluntary agreement consents to a greater fee in writing.
Entitles a public utility to fully recover from its retail customers the air quality improvement costs that it prudently incurs as a result of a voluntary agreement entered into after July 1, 1998. Establishes an exception to such cost recovery for public utilities that are subject to regulation by the federal energy regulatory commission and that sell power on the wholesale market from generating facilities subject to a voluntary agreement. Authorizes the public utilities commission to assign a portion of the air quality improvement costs to such public utility's wholesale customers to the extent such recovery does not conflict with the public utility's wholesale contracts entered into prior to April 1, 1998. Authorizes the public utility to apply to the federal energy regulatory commission for recovery of the portion of costs assigned to its wholesale customers. Prohibits the public utility from recovering from its retail customers that portion of air quality improvement costs assigned to its wholesale customers if the public utility fails to apply to the federal energy regulatory commission for such recovery without a specified time period or does not make a diligent, good faith effort to persuade said commission to approve such recovery.
Requires the public utilities commission to determine an appropriate method of cost recovery that assures full cost recovery for the public utility. Requires that the air quality improvement costs shall not cause an average rate impact greater than the equivalent of 1 ½ mills per kilowatt hour in any period, nor exceed a total of $211 million, calculated using 1998 net present value dollars. Requires that air quality improvement costs be recovered over a 15-year period or less.
APPROVED by Governor May 27, 1998
EFFECTIVE July 1, 1998
S.B. 98-167 Gulf war syndrome registry - creation - advisory committee. Directs the department of public health and environment to establish and maintain a statewide registry to collect names and medical information regarding veterans and family members of veterans who have been affected by gulf war syndrome. Requires a physician or other health care professional who believes a veteran may have been exposed to a causative agent while serving in the gulf war to submit a report to the department of public health and environment, with the consent of the veteran or affected family member. If there is no treating physician, requires the report to be made by the hospital or treating facility. Details the information to be reported, including the incidence of the syndrome, diagnosis, method of treatment, and treatment outcomes.
Requires the department of public health and environment to contact the family of any child born after August 2, 1990, who is on the state cancer registry or has been reported as having birth defects to determine whether either of the child's biological parents served in the gulf war. If a parent did serve, requires the department to inform the family about the registry and their option to have the child's name, symptoms, and diagnoses listed in the registry.
Creates a gulf war syndrome advisory committee to assist the department of public health and environment in implementing the registry and to analyze the data collected and make findings and recommendations regarding the registry and measures needed to address gulf war syndrome.
Directs the advisory committee to compile and evaluate the information from the registry and submit an annual report with its findings, conclusions, and recommendations to the governor, the state board of health, and the health, environment, welfare, and institutions committees of the house of representatives and the senate. States that all information concerning persons on the registry is confidential, except that it may be compiled for statistical purposes as long as no person can be identified. Protects a physician, health care professional, hospital, or medical facility from civil or criminal liability for reporting information to the department of public health and environment.
Establishes the gulf war syndrome registry fund. Allows the department of public health and environment to accept and expend grants, donations, and gifts-in-kind for the purpose of maintaining and publicizing the registry, except that the registry shall not be implemented until there are sufficient grants, donations, and gifts-in-kind to support its implementation. Specifies that, after sufficient moneys are obtained to implement the registry, the department shall contract with a private entity to perform any of its duties concerning the registry.
APPROVED by Governor May 18, 1998
EFFECTIVE May 18, 1998
S.B. 98-179 Department of public health and environment - enforcement of federal "Safe Drinking Water Act". Clarifies requirements of the department of public health and environment related to enforcement of the federal "Safe Drinking Water Act", including review and approval of waterworks and a program for grants to assist local water providers in complying with requirements imposed under such federal law. Imposes administrative penalties for violations of minimum general sanitary standards and regulations.
APPROVED by Governor May 26, 1998
EFFECTIVE August 5, 1998
NOTE: This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final
adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section
1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of
this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date
of the official declaration of the vote thereon by proclamation of the governor.
S.B. 98-189 Retail food establishments - regulation - long bill adjustment. Repeals the food protection cash fund act and reenacts it as the food protection act. Redefines "retail food establishment" to include both retail food establishments that sell food for off-premises consumption and food service establishments that prepare and serve food for on- or off-premises consumption. Eliminates provisions that separately regulate and license retail and food service establishments and combines such provisions.
Increases license fees. Requires that all retail food establishment license and other fees collected by the department of public health and environment under the food protection act be credited to the food protection cash fund, but continues to require that fees collected by a local board of health be deposited in the appropriate county, district, or regional health department fund.
Requires the department of public health and environment to submit a report to the general assembly by January 1, 2001, with recommended fees for retail food establishments. Repeals the food protection act effective January 1, 2002, if the department does not submit the report or if retail food establishment fees decrease after July 1, 1998.
Adjusts the 1998 long bill appropriation to the department of public health and environment, consumer protection, to reduce the general fund appropriation by $127,889 and increase the cash fund appropriation by the same amount.
APPROVED by Governor June 1, 1998
EFFECTIVE July 1, 1998
S.B. 98-198 Recycling programs - extension of repeal dates for recycling programs - allocation of moneys generated by waste tire fees - appropriation. Extends the repeal date for the program governing recycling of plastics and other materials from July 1, 1998, to July 1, 2008. Extends the repeal date for the program governing disposal, recycling, and reuse of motor vehicle waste tires from July 1, 2000, to July 1, 2008.
Modifies the distribution and expenditure of moneys appropriated from the waste tire recycling development cash fund as follows:
Authorizes the division of local government to promulgate rules to implement the waste tire program.
Transfers $321,600 to the department of local affairs from the waste tire recycling development cash fund for the implementation of the act. Appropriates $107,200 to the department of higher education for allocation to the Colorado advanced technology institute for the implementation of the act.
APPROVED by Governor June 1, 1998
EFFECTIVE June 1, 1998
H.B. 98-1003 Air quality control - elements of state implementation plan - removal of those more stringent than federal requirements. Declares that certain provisions in the air quality state implementation plan are more stringent than federal requirements. Declares that state permits issued pursuant to such provisions contain terms or conditions that are more stringent than required by federal law. Declares that such provisions were placed in the state implementation plan in violation of state law.
Whenever a rule is before the air quality control commission to revise any element of the state implementation plan, requires that the air quality control division advise the commission of whether any such element contains provisions that are more stringent than required by federal law so that the commission may consider that information in revising any such element of the state implementation plan. Whenever the air quality control division reviews a source's application for any permit, requires that the division determine whether any terms or conditions of the permit are more stringent than those required by federal law and requires the division to take all necessary action to assure that terms and conditions more stringent than federal requirements are not federally enforceable. Requires terms or conditions more stringent than federal requirements to be clearly identified as "state-only enforceable".
Makes a specific finding that the state has complied with the provisions of the federal "Clean Air Act" relating to state implementation plans for national primary and secondary ambient air quality standards and the general savings clause provisions of such federal act.
Clarifies provisions relating to the Colorado clean vehicle fleet program so that the program will apply to vehicles in model year 1999, commencing on September 1, 1998.
VETOED by Governor June 2, 1998
H.B. 98-1015 Administration of medications in facilities - continuation of regulation under sunset law. Pursuant to the provisions of the sunset law, extends until July 1, 2009, the department of public health and environment's regulation of facilities that use qualified unlicensed persons to monitor and administer medication.
Permits an unlicensed person to fill and label medication reminder boxes in a licensed facility only if such person has completed appropriate training approved by the department. Requires such facilities to provide on-the-job training appropriate to the job responsibilities of the unlicensed persons and to hire a qualified manager to oversee the work of such employees. Requires the completion of such training to be documented in the personnel file of each unlicensed person. Requires the unlicensed person and qualified manager to sign a disclosure statement stating that they never had a professional nursing, medicine, or pharmacy license revoked for reasons directly related to the administration of medications. Defines "facility" to include all services funded through and regulated by the department of human services in support of persons with developmental disabilities.
Authorizes the department of public health and environment to develop and implement policies concerning the administration of medication reminder boxes by unlicensed persons.
APPROVED by Governor April 30, 1998
EFFECTIVE July 1, 1998
H.B. 98-1058 Environmental leadership program - incentives provided by the state to participants - appropriation. Declares that entities that demonstrate commitment to the environment by going beyond compliance with environmental laws and regulations improve the quality of life for the citizens of Colorado. Also declares that the increased use of pollution prevention strategies, cost-effective options for compliance with environmental laws, and the reduction in occurrences of noncompliance with environmental laws can be achieved through the establishment of a voluntary environmental leadership program.
Establishes a voluntary environmental leadership program (program). Empowers the executive director of department of public health and environment (executive director) to develop and administer the program. Specifies that participation in the program by any entity is voluntary and is subject to review every 3 years. Requires the executive director to determine mandatory elements for program eligibility that include evidence of:
Orders the executive director to establish alternative elective program elements designed to result in measurable improvement and enhancement of, or be beneficial to, the environment.
Requires the executive director to review each application and to incorporate acceptable proposals into written agreements between the participating entity and the department of public health and environment that describe the incentives to be provided to the participating entity. Mandates such written agreements be made available for public review. Establishes circumstances for the termination of a participating entity from the program.
Orders the executive director to establish and provide incentives to a participant in the program that include financial incentives, formal public recognition, the department's reliance on an entity's self-monitoring, acceleration of processing permit applications, consolidation of permit applications, simplification of reporting and monitoring requirements, extension of permit terms, and additional credits for reductions in emissions or discharges.
Establishes the environmental leadership pollution prevention revolving fund program to provide loans to program participants. Creates the environmental leadership pollution prevention revolving fund in the state treasury for the deposit of moneys used in the administration of the program and the provision of incentives to program participants. Allows the executive director to accept gifts, donations, and grants but prohibits the executive director from soliciting them. Transfers $500,000 from the department of state cash fund to the environmental leadership pollution prevention revolving fund. Repeals the environmental leadership program effective December 31, 2003.
Appropriates $493,980 from the environmental leadership pollution prevention revolving fund to the department of public health and environment for implementation of the program. Increases the appropriation to the department of public health and environment made in the 1998 long bill by $1,920 for legal services and $4,100 for information technology services, automated data processing capital outlay, from cash funds exempt from the environmental leadership pollution prevention revolving fund. Increases the appropriation to the department of law by $1,920 from the environmental leadership pollution prevention revolving fund.
APPROVED by Governor May 26, 1998
EFFECTIVE May 26, 1998
H.B. 98-1076 Compliance advisory panel to the air pollution control division - continuation under sunset law. Extends the automatic termination date of the compliance advisory panel to the air pollution control division in the department of public health and environment to July 1, 2007, pursuant to the provisions of the sunset law.
APPROVED by Governor March 23, 1998
EFFECTIVE March 23, 1998
H.B. 98-1094 Air quality science advisory board - continuation under sunset law. Extends the automatic termination date of the air quality science advisory board in the department of public health and environment until July 1, 2008, pursuant to the provisions of the sunset law.
APPROVED by Governor April 6, 1998
EFFECTIVE April 6, 1998
H.B. 98-1096 Solid waste - exclusion of scrap metal from regulation. Excludes the following materials from regulation as "solid waste" if such materials are being recycled:
Are stored in containers sufficient to prevent release to the environment; and
Do not contain mercury switches, mercury relays, nickel-cadmium batteries, or lithium batteries.
APPROVED by Governor April 6, 1998
EFFECTIVE April 6, 1998
H.B. 98-1106 Air quality control - state implementation plan - revisions of limited applicability - appropriation. Adds to the criteria under which the owner or operator of a stationary or mobile source of air pollution may request that the air quality control commission revise the state implementation plan (SIP) or any regulation or standard that is not part of the SIP circumstances where compliance with applicable emission control regulations through new or improved technology is economically and technologically beneficial.
Authorizes the executive director of the department of public health and environment to establish an arrangement by contract or otherwise with the Colorado institute for fuels and high altitude engine research of the Colorado school of mines for activities such as in-use testing of heavy duty vehicles, development of effective inspection procedures, and investigation of emissions abatement technologies for the unique conditions existing in the front range and the high altitude communities.
Appropriates $150,000 from the AIR account in the highway users tax fund to the air quality control division in the department of public health and environment for the fiscal year beginning July 1, 1998, for purposes of the arrangement between the department of public health and environment and the Colorado institute for fuels and high altitude engine research authorized in this act. Also appropriates such sum to the department of higher education for allocation to the board of trustees of the Colorado school of mines for the purposes authorized in this act.
APPROVED by Governor May 27, 1998
EFFECTIVE August 5, 1998
NOTE: This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final
adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section
1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of
this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date
of the official declaration of the vote thereon by proclamation of the governor.
H.B. 98-1109 Air quality control - visibility impairment - activities on federal lands - duties of federal managers - monitoring plan - approval by commission. Makes a legislative declaration that significant contributions to regional haze and visibility impairment in the west emanate from federal lands within Colorado. For the purpose of addressing the cause of this impairment, requires the federal land manager of such federal areas to develop a plan for evaluating visibility in each mandatory class I federal area and submit a plan for approval and incorporation by the air quality control commission into the state implementation plan. Conditions the approval of such a plan on the federal government bearing the expenses of implementation of the plan.
Requires federal officials to confer with the commission and with the air quality control division and to share all data developed for visibility protection purposes.
BECAME LAW: March 24, 1998
EFFECTIVE August 5, 1998
NOTE: This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final
adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section
1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of
this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date
of the official declaration of the vote thereon by proclamation of the governor.
H.B. 98-1176 Waste tire recycling - waste tire recycling development cash fund - reimbursements to waste tire processors and users - repeal. Modifies the state waste tire recycling program. Provides that 5% of the moneys appropriated from the waste tire recycling development cash fund to the department of local affairs may be allocated for partial reimbursements of the costs of waste tire processing and usage. Indicates that the purpose of such reimbursements is to assist waste tire recycling technologies in becoming economically feasible and to reduce the storage of waste tires within the state. Directs the division of local government to provide such reimbursements and to promulgate rules to establish application procedures and eligibility criteria. Repeals the reimbursement program on July 1, 2003. Increases the maximum portion of the moneys appropriated from the fund to the department that may be allocated to the division of local government for cleanup of waste tires from 30% to 35%.
APPROVED by Governor April 21, 1998
EFFECTIVE August 5, 1998
NOTE: This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final
adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section
1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of
this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date
of the official declaration of the vote thereon by proclamation of the governor.
H.B. 98-1210 Immunization records - tracking system. Clarifies that health departments may gather immunization information from doctors, clinics, 3rd-party payors, and persons who have contracted with the state to operate a comprehensive immunization tracking system.
Modifies the existing infant immunization tracking system by authorizing health departments to gather immunization information from licensed health care practitioners, schools, parents of infants, children, students, and insurers and managed care organizations that provide coverage for immunizations.
Modifies the existing tracking system by authorizing the release of immunization records to a child or student, an insurer or managed care organization in which a child or student is enrolled, if such insurer or organization covers immunizations, hospitals, or any person or entity that has contracted with the state for the operation of the tracking system.
Allows the use of electronic files and copies of such files as certificates of immunization if they are provided directly to the school from the immunization tracking system. Continues to allow the use of paper forms as certificates of immunization, if they contain information transferred from the records of a doctor, nurse, or public health official. Allows a person to confirm immunizations for public assistance eligibility purposes pursuant to records in the immunization tracking system.
APPROVED by Governor March 16, 1998
EFFECTIVE August 5, 1998
NOTE: This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final
adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section
1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of
this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date
of the official declaration of the vote thereon by proclamation of the governor.
H.B. 98-1324 Solid waste management program - administration - long bill adjustment. Adds a legislative declaration to the solid waste laws regarding use of solid waste "tipping" fees for management of the program. Specifies that 75% of the moneys from solid waste "tipping" fees shall be credited to the hazardous substance response fund and 25% of such fees shall be credited to the solid waste management fund. Extends the "tipping" fee until January 1, 2004.
Extends the plastics and waste tire recycling programs until July 1, 2008.
Changes the definition of "recyclable materials" to mean any type of discarded or waste material that is not otherwise regulated by law and can be reused, remanufactured, reclaimed, or recycled, but not including recycled auto parts or excluded scrap metal that is being recycled, or scrap that is composed of worn out metal or a metal product that has outlived its original use, commonly referred to as obsolete scrap.
Authorizes the board of health to adopt rules governing the stockpiling of recyclable materials beyond an initial accumulation period for exempt facilities. Authorizes the board to adopt criteria to protect the public health and environment for composting facilities that meet certain minimum standards. Subject to agreement of the local governing body, allows for the exemption of such composting facilities from the requirement of a certificate of designation.
Requires recommendations from the department of public health and environment to be incorporated into a certificate of designation of a solid waste site.
Clarifies the department's authority to use financial assurance instrument proceeds for the purposes of conducting any necessary closure, postclosure care, or corrective action. Authorizes the department to contract with private contractors and the local governing body that issued the certificate of designation to conduct such activities.
Increases the rates from $75 per hour to $100 per hour authorized for private contractor reviews of solid waste applications to reflect market conditions. Increases the ceiling on such fee from $2,500 to $5,000. Repeals the annual registration fee for solid waste facilities.
Requires operating facilities to have an approved characterization and disposal plan to specify requirements for various types of materials. Prohibits the accumulation of certain materials under conditions that constitute a public nuisance. Requires facilities that do not need a certificate of designation to annually report on the quantities of materials managed at the site. Specifies that rules include minimum standards for recycling facilities and notice of illegal disposal and abandoned and contaminated sites.
Expands enforcement authority to permit the department to use administrative order and penalty authority to ensure compliance with requirements of the solid waste laws.
Adjusts the 1998 long bill to increase the appropriations to the department of public health and environment by $5,950 for legal services, $10,500 for capital outlay, and $436,540 and 4.2 FTE for solid waste control program costs. Increases the appropriation to the department of law by $5,950 for the provision of legal services to the department of public health and environment.
APPROVED by Governor May 26, 1998
EFFECTIVE July 1, 1998
H.B. 98-1360 AIDS drug assistance program - created. Authorizes the department of public health and environment to implement and administer a state AIDS drug assistance program to provide to eligible persons pharmaceutical products that are effective in treating persons infected with AIDS or HIV. States that the state program is not an entitlement program and is subject to available appropriations. Specifies that the general assembly may make annual appropriations for the state program. States that the state program shall also be funded with federal funds available under the federal "Ryan White C.A.R.E. Act of 1990", as amended. Establishes eligibility criteria for persons to participate in the state program. Directs that a subcommittee of an advisory group convened by the governor to make recommendations for AIDS policy in the state shall serve in an advisory role to the department and shall advise and recommend those pharmaceutical products that should be listed on the drug formulary for the state program.
APPROVED by Governor April 6, 1998
EFFECTIVE August 5, 1998
NOTE: This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final
adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section
1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of
this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date
of the official declaration of the vote thereon by proclamation of the governor.
H.B. 98-1370 Membership on district boards of health. Changes the maximum number of members on a district board of health from 7 to 9.
APPROVED by Governor April 17, 1998
EFFECTIVE April 17, 1998
H.B. 98-1379 Air quality control - state implementation plan (SIP) - approval of administrative SIP revisions. Approves and extends the following revisions by the air quality control commission to its rules collectively comprising the state implementation plan (SIP), thereby permitting the submission of such revised rules to the federal environmental protection agency for final approval and incorporation into the SIP:
Requires the air quality control commission to revise the Colorado Springs maintenance plan if the division of administration in the department of public health and environment, in consultation with the designated organization for air quality planning in the Colorado Springs area, requests removal of mandatory control measures that have been adequately demonstrated to be unnecessary to achieve and maintain compliance with federal ambient air quality standards. Exempts such revisions from the legislative review and approval procedures that would otherwise apply.
APPROVED by Governor May 27, 1998
EFFECTIVE May 27, 1998
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