APPROVED by Governor April 14, 1999
EFFECTIVE April 14, 1999
S.B. 99-112 Pet animals - frequency of inoculations - dangerous dogs - penalties. States that no board of health or municipality shall require a dog to receive inoculations against rabies any more frequently than is promulgated by the national association of state public health veterinarians in the "Compendium of Animal Rabies Control".
Requires an owner to make restitution if a dangerous dog destroys another animal or property by paying the greater of the fair market value or replacement cost and any actual costs incurred in replacing the injured or destroyed animal or property, plus any expenses incurred in treating the animal. Upon a 2nd or subsequent violation, requires the owner to pay the minimum fine for a class 2 misdemeanor.
Requires a court to order a person convicted of owning a dangerous dog to confine the dog in an escape-proof building or enclosure and, when the dog is outside such building or enclosure, to have such dog on a leash. Upon a 2nd or subsequent conviction, requires the owner to have the dog muzzled when outside of the building or enclosure.
APPROVED by Governor April 13, 1999
EFFECTIVE July 1, 1999
S.B. 99-117 Air quality - mobile sources - clean vehicle fleet program - removal of program from state implementation plan - appropriation. Provides statutory authority and direction for the air quality control commission ("commission") within the department of public health and environment to promulgate rules based on the rules of the federal clean fuel fleet program. Directs the governor to withdraw any pending request to the federal government for approval of the clean vehicle fleet program as a part of the Colorado state implementation plan (SIP) for attainment of federal air quality standards for carbon monoxide and to opt out of the federal clean vehicle fleet program.
Allows the new rules to provide for vehicle-specific waivers of clean vehicle fleet requirements in specific and limited circumstances upon application by a fleet operator. Mandates that the new rules shall:
Directs the commission to identify emission reductions anticipated to result from the clean vehicle fleet program that could substitute for those required by the federal program and to submit such emission reductions to the federal government for approval as part of Colorado's carbon monoxide SIP, if necessary.
Gives fleet operators partial compliance credits for conversion of vehicles to use clean fuels under a modified version of the federal program compliance credit system. Specifies that 1/5 of a credit shall be given per vehicle converted between January 1, 1992, and August 31, 1995. Requires fleet operators to apply for such credits by December 31, 2000, and to demonstrate that vehicles have been continuously and routinely used as clean fuel vehicles within the nonattainment area for a specified period of time. Limits the available partial compliance credits to a total of 50, representing the equivalent of full compliance for 10 vehicles.
Appropriates $51,675 from the highway users tax fund to the department of public health and environment for implementation of the act.
APPROVED by Governor May 24, 1999
EFFECTIVE May 24, 1999
S.B. 99-145 Air quality - control - federal property and facilities subject to state implementation plans and emission controls - rules - fees - appropriations. Requires that the state implementation plan for air quality and emission controls generally applicable to property and facilities within the state also be imposed upon federal property and facilities. Declares that significant contributions to regional haze and visibility impairment emanate from federal lands within the state, and that the act is adopted pursuant to authority granted to the state under the federal "Clean Air Act". Provides that review and approval of federal land management plans by the air quality control commission ("commission") is appropriate because the federal government is the largest landowner in the state and routinely prepares comprehensive land management plans involving clearing undergrowth by fire.
Directs the 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 land management plans or equivalent planning documents for those federal lands to ensure compliance with the act. Requires the commission to conduct a public hearing on minimizing emissions and to make recommendations to the federal land manager regarding changes to make the plan comply with the state standard.
Requires every federal facility submitting a land management plan or an equivalent planning document to the commission to pay a fee for the costs of evaluating the documents.
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 January 1, 2001, unless the land management plan for the area to be burned is consistent with the comments and recommendations of the commission. Allows the exclusion of permit conditions that are specifically prohibited by federal statutes. Requires the division to report such exclusions to the governor and the director of the legislative council within 30 days after the exclusions are granted. Requires the commission to adopt rules to provide for exceptions from permit issuance requirements where the immediate issuance of a permit is necessary to protect the public health and safety.
Appropriates $128,669 to the department of public health and environment from the stationary sources control cash fund for implementation of the act. Appropriates $28,800 to the department of law out of cash exempt funds for implementation of the act.
APPROVED by Governor May 24, 1999
EFFECTIVE May 24, 1999
H.B. 99-1053 Environmental control - Safe Drinking Water Act - exemptions. Exempts public water systems, as defined by the federal "Safe Drinking Water Act", that do not authorize incidental use of untreated water from penalties under state enforcement of the federal act.
Excludes public water systems exempt under the federal act and under Colorado law from the filing requirements for surveys, certification, or any other reporting measures required for public water systems.
APPROVED by Governor March 5, 1999
EFFECTIVE July 1, 1999
H.B. 99-1118 Hepatitis C program - creation - appropriation. Authorizes and instructs the executive director of the department of public health and environment to create a hepatitis C education and screening program. Directs that the program shall include the coordination of local public health officials, health care professionals, public institutions, and community organizations to identify high-risk populations, to assist in the implementation of a model screening process, and to provide information on referral services or otherwise assist in finding treatment for persons with hepatitis C infection. Requires the program to provide public education and outreach services to raise the public's awareness and understanding about the virus. Authorizes the department to enter into contracts to implement and operate the program.
States that this program may be implemented in stages, depending on resources available to fund the program. Describes the stages of implementation.
Provides that if resources allow, after implementing all other parts of the program, the director of the department of public health and environment has the authority to implement a system to investigate, collect, analyze, and report data regarding hepatitis C. Requires the department to report to the joint budget committee of the general assembly about the effectiveness of and the necessity for the program on or before January 1, 2000, prior to receipt of further funding for the program.
Appropriates $200,000 from the general fund to the department of public health and environment for implementation of the act. Reduces the general fund appropriation to the capital construction fund by $200,000, and reduces the capital construction fund exempt appropriation to the department of transportation, construction projects, by $200,000.
APPROVED by Governor June 1, 1999
EFFECTIVE July 1, 1999
H.B. 99-1213 Voluntary Clean-up and Redevelopment Act - extension. Deletes the July 1, 1999, repeal date for the "Voluntary Clean-up and Redevelopment Act", thereby extending the program for the clean-up of real property contaminated by hazardous substances or petroleum products.
APPROVED by Governor April 9, 1999
EFFECTIVE April 9, 1999
H.B. 99-1214 Statewide trauma care system - designation of pediatric trauma centers - confidentiality of information collected by area trauma councils. Authorizes the department of public health and environment to designate a facility as a regional pediatric trauma center.
Directs the state board of health to adopt rules protecting the confidentiality of patient's names and identifying information collected through the continuing quality improvement system for the statewide trauma care system. Specifies that the rules shall make certain data or information collected by an area trauma advisory council (ATAC) as part of the continuing quality improvement system and any records relating to such quality improvement system confidential. States that such information and records are not subject to the open records law and may not be subpoenaed or subject to discovery except by court order. States that the confidentiality provision shall not preclude the patient or the patient's representative from obtaining the patient's medical records as otherwise allowed under state law. States that the confidentiality provision shall not be construed to allow access to confidential professional review committee records or reviews of health care providers.
APPROVED by Governor April 22, 1999
EFFECTIVE April 22, 1999
H.B. 99-1330 Air quality - state implementation plan - revisions - approval. 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:
Repeals provisions relating to the clean fuel fleet program, contingent on Senate Bill 99-117 becoming law.
APPROVED by Governor June 2, 1999
EFFECTIVE July 1, 1999
NOTE: Senate Bill 99-117 was signed by the Governor on May 24, 1999.
H.B. 99-1351 Air quality - visibility - state implementation plan - emission inventories - appropriation. Directs the air quality control commission in the Colorado department of public health and environment to conduct rule-making hearings at least every 5 years, beginning December 31, 2002, to approve updates to the emission inventories from federal and state activities on public lands resulting in the emission of criteria pollutants affecting visibility in class I federal wilderness areas. Incorporates such inventories into the state implementation plan (SIP) planning and approval process.
Requires public participation in the rule-making hearings on the emission inventories and specifies that the inventories shall include stationary sources, off-highway mobile sources, fires, and biogenic sources. Allows the use of data developed within the preceding 3 years so long as the data are no more than 5 years old. Excludes emissions that the commission determines are of minor significance.
States that the cost of emission inventories relating to federal lands shall be borne by the federal government.
Appropriates $14,702 to the department of public health and environment from the stationary sources control fund for implementation of the act.
APPROVED by Governor June 2, 1999
EFFECTIVE June 2, 1999
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