Provides that moneys from the fund shall be used to provide grants to public entities and agencies in the state for emergency planning and response purposes. Requires the Colorado emergency planning commission to assess the emergency planning and response needs of the state and report its findings to the executive director of the department of public safety by June 1, 2000. Specifies that the executive director shall evaluate applications, taking into account the needs assessment findings and any other input of the Colorado emergency planning commission, and administer the grants. Requires grant applicants to obtain local funding or enter into an agreement to obtain funding in an amount of at least 25% of the grant. Allows the executive director of the department of public safety to promulgate rules governing the grant application and administration process. Requires the executive director to submit annual reports concerning grants made from the fund to the joint budget committee.
Adjusts the appropriation in the 1999 long bill to the department of public safety, hazardous materials equipment, by increasing the cash funds exempt appropriation from the highway users tax fund by $60,000 for the purchase of a hazardous material training vehicle.
APPROVED by Governor June 1, 1999
EFFECTIVE June 1, 1999
S.B. 99-24 School districts that are also special districts - authority to levy tax to support public recreational facilities. Clarifies that school districts that are also special districts supporting a system of public recreation and playgrounds and that previously began levying a tax to support such system with or without voter approval may continue to levy such taxes until voters approve a change in the levy. Sets forth procedures for such school districts to impose a new tax or increase an existing tax for such purposes.
APPROVED by Governor March 15, 1999
EFFECTIVE August 4, 1999
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. 99-218 Land use regulation - private property - regulatory impairment of property rights - limitations. Declares that the right to own and use private property is fundamental, citing constitutional provisions and disapproving the placement of burdens on individual property owners to achieve general public purposes. Declares the issue a matter of statewide concern.
Prohibits local governments, when imposing conditions upon the granting of land-use approvals, from requiring a landowner to dedicate land to the public or pay a specific amount of money to a public entity except when:
Requires a local government to base any requirement for such dedication or payment on duly adopted standards that ensure rational and consistent application of the requirements.
Gives property owners the right to seek a court order relieving them of the duty of complying with a requirement for dedication of land or payment of money that does not meet the standards set forth in the act. Places the burden of proof on the local governmental entity involved in any such action.
Exempts legislatively formulated assessments, fees, and charges that are imposed on a broad class of property owners by a local government. States that nothing in this legislation shall be construed to affect the expressly granted land-use authority of any local government.
APPROVED by Governor May 17, 1999
EFFECTIVE July 1, 1999
H.B. 99-1056 Hazardous substance incidents - response - responsibilities - appropriation. Allows an emergency response authority to provide and maintain the capability for responding to hazardous substance incidents through mutual aid or other agreements. Absent one or more local agreements to the contrary, requires the first emergency response authority to arrive at the scene of a hazardous substance incident to be responsible for the emergency response to such incident until the emergency response authority that has jurisdiction over the incident site arrives. Once the emergency response authority that has jurisdiction over the incident site arrives, requires unified command to be followed until the conclusion of the emergency response.
Clarifies that a private property owner may undertake the response to a hazardous substance incident that occurs on the owner's property. Requires such property owner to report the incident and to coordinate a response with the appropriate emergency response authority. If the property owner fails to respond to the incident or coordinate a response to the incident with the appropriate emergency response authority, allows the emergency response authority to respond to the incident.
Specifies that the fire authority having emergency response responsibility for the corporate limits of any municipality is the designated emergency response authority for the municipality if the governing body of such municipality has not designated an emergency response authority by ordinance or resolution. Specifies that the county sheriff is the designated emergency response authority for any county if the board of county commissioners has not designated an emergency response authority by ordinance or resolution.
Allows the Colorado state patrol to delegate its emergency response authority for any hazardous substance incident that occurs on a federal, state, or county highway located outside of municipal limits to a designated emergency response authority or any other public entity capable of undertaking such emergency response with the permission of the appropriate municipal governing body or board of county commissioners. Requires the state patrol, when practicable, to locate its emergency response resources based on its assessment of the hazardous substances emergency response needs of the different geographic areas of the state. Requires the state patrol to actively coordinate its emergency response capabilities and plans with local emergency response authorities. Requires the state patrol and all local governing bodies that designate emergency response authorities to exercise continuing supervisory authority in consultation with other federal, state, and local agencies having regulatory jurisdiction for the cleanup and removal of the hazardous substance involved in a hazardous substance incident.
Allows an emergency response authority that is not capable of handling a particular hazardous substance incident to request assistance from any public agency or private entity that is capable of providing assistance. Transfers the authority to organize a state emergency response team from the department of public health and environment to the department of public safety and allows the department of public safety to organize, through mutual aid or other agreements, regional emergency response teams to assist designated emergency response authorities and the state emergency response team in responding to hazardous substance incidents. Requires an emergency response authority that requests a response by the state emergency response team, a regional emergency response team, or both to reimburse such team or teams for costs incurred in an emergency response. Allows mutual aid agreements between the various public and private entities responsible for responding to hazardous substance incidents in order to enhance such response.
Requires the executive director of the department of public safety to appoint a temporary committee on reimbursement for the costs of hazardous substance incidents no later than June 15, 1999. Specifies the membership of the committee and requires the committee to hold its first meeting no later than July 1, 1999. Requires the committee to submit written recommendations for guidelines for administering and resolving claims for reimbursement made against any person or party responsible for a hazardous substance incident to the executive director of the department of public safety no later than August 15, 1999. Specifies that such recommendations may include recommendations for proposed legislation or administrative rules. Requires the executive director of the department of public safety to report the recommendations of the committee to the legislative audit committee no later than September 1, 1999, or by such later date as the legislative audit committee may specify.
Eliminates the Colorado safety institute and transfers its duty to train or coordinate the training of hazardous materials responders to the division of fire safety.
Transfers the responsibility for maintaining a hazardous materials incident emergency response database and a 24-hour public telephone service from the department of public health and environment to the Colorado state patrol. Requires the state patrol to notify all designated emergency response authorities of the existence of the 24-hour public telephone service. Requires the department of public health and environment to maintain a 24-hour public telephone service regarding environmental emergencies.
Adjusts the long bill appropriations for the 1999-2000 fiscal year to reflect the transfer of the hazardous substance incident response database and telephone service from the department of health and public environment to the Colorado state patrol.
APPROVED by Governor April 30, 1999
EFFECTIVE April 30, 1999
H.B. 99-1067 Housing authorities - intergovernmental relations - appointment of commissioners. Defines "political subdivision" to specifically include city and county housing authorities for purposes of the statutory provisions governing intergovernmental relationships.
Allows the governing body of a city or county with a population no greater than 300,000 people to determine the number of commissioners that serve on a housing authority. Specifies that the number of commissioners shall not exceed 9 for a city housing authority and 11 for a county housing authority. Allows a charter or ordinance to specify the appointing authority who will appoint commissioners to a city housing authority.
APPROVED by Governor March 24, 1999
EFFECTIVE March 24, 1999
H.B. 99-1092 Reimbursements to state patrol - credited to HUTF. Directs that the net proceeds of reimbursements to the Colorado state patrol for costs incurred in mitigating hazardous substance incidents be credited to the highway users tax fund.
APPROVED by Governor April 30, 1999
EFFECTIVE April 30, 1999
H.B. 99-1134 Overhead public utilities - payment for underground conversion. Declares that moving public utilities from overhead to underground locations is a matter of statewide concern. Requires that a political subdivision create a local improvement district to fund the underground conversion of public utilities except when such conversion is associated with public improvements such as street widening or sewer construction. Makes such requirement applicable to the overhead communication facilities of cable operators.
Allows a political subdivision to pay for underground conversions of public utilities without creating a local improvement district so long as it does not seek reimbursement from the public utility or cable operator.
Authorizes the board of directors of a cooperative electric association, or the governing body of a municipal utility, to impose a surcharge on consumers within the service area of such entity who will derive a direct benefit from the conversion of overhead electric and communication facilities to underground locations.
APPROVED by Governor April 22, 1999
EFFECTIVE April 22, 1999
H.B. 99-1247 Repeal of prohibition on use tax - home rule city or city and county. Repeals the prohibition on a home rule city or city and county imposing a use tax with respect to the use or consumption of taxable tangible personal property within such city or city and county that occurs more than 3 years after the most recent sale of the property if, within the 3 years following such sale, the property has been significantly used within the state for the principal purpose for which it was purchased.
APPROVED by Governor June 3, 1999
EFFECTIVE August 4, 1999
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. 99-1280 Planning and zoning - vested rights - site-specific development plans. In existing statutes dealing with vested property rights, amends the definition of a "site specific development plan" to exclude final architectural plans, public utility filings, and final construction documents. Requires local governments to consider the approval of a site specific development plan in accordance with laws and regulations that were in effect at the time the application for approval was submitted. Defines the "application" as a substantially complete application submitted in compliance with applicable requirements established by the local government and, where approval is a multi-stage process, defines the "application" as the original application at the first stage of the process.
Requires local governments to specify, by ordinance or resolution, the type of approval that will give rise to vested property rights. If local governments do not codify such requirements by January 1, 2000, provides that rights vest upon the approval of any document substantially similar to a subdivision plat, planned unit development plan, or other document listed in the definition of a "site specific development plan".
APPROVED by Governor May 24, 1999
EFFECTIVE May 24, 1999
|
||||
|
|
||||
The information on this page is presented as an informational service only and should not be relied upon as an official record of action or legal position of the State of Colorado, the Colorado General Assembly, or the Office of Legislative Legal Services.