Authorizes the department of public health and environment to exempt public water systems from the documentation requirements of the Act if a system supplies the following evidence demonstrating that it prohibits the unauthorized delivery of water for human consumption:
APPROVED by Governor March 16, 2000
EFFECTIVE March 16, 2000
S.B. 00-177 Hazardous waste control program. Allows the department of public health and environment (the department) to charge for its actual costs for technical assistance and allows the department to charge for providing company-specific compliance assistance in excess of 2 hours.
Finds, determines, and declares that hazardous waste control programs should be implemented to:
Specifies that the policies and procedures should:
Requires the department to submit a report to the general assembly February 1, 2002, and each February 1 thereafter regarding the status of the hazardous waste control program.
Outlines the fees for the period July 1, 2000, through July 1, 2002. Requires the department to establish in rule the assessment of fees to offset the hazardous waste control program costs after July 1, 2002.
Sets out procedures for administrative remedies when an operator is operating a hazardous waste facility without a permit or interim status.
Clarifies how the hazardous waste commission may promulgate rules that are more stringent than the federal government's rules concerning hazardous waste.
APPROVED by Governor May 26, 2000
EFFECTIVE July 1, 2000
S.B. 00-180 Emergency medical and trauma services - council - duties of the board of health - data collection - regional emergency medical and trauma advisory councils (RETAC) - trauma designation for care centers - site visits for hospital designations - medical record theft - governor's expert emergency epidemic response committee - appropriation. Consolidates the advisory emergency medical services council and the state trauma advisory council into the emergency medical and trauma services advisory council (council). Provides for 32 members of the council, of whom 25 are appointed by the governor and 7 are ex officio members. Sets out provisions governing member qualifications, terms, and duties.
Requires an emergency medical technician to be subject to the medical direction of a licensed physician. Defines "medical direction". Allows the department of public health and environment (department) access to criminal records of an emergency medical technician. Removes the existing $100 licensing fee limitation for ambulances. Removes conditional licensure of ambulances by counties. Requires the state board of health to promulgate rules related to air and ground ambulance services.
Allows the board of health to determine what data should be collected for quality assurance and tracking of handling of emergency medical and trauma services throughout the state.
Removes the statutory percentages for the allocation of highway users tax fund moneys and instead gives the department, upon recommendations from the council, discretion in providing funding for emergency medical and trauma service plans after July 1, 2002. Requires a regional emergency medical and trauma council (RETAC) to receive $15,000 per county in the RETAC each year. Additionally requires RETACs composed of 5 or more counties to receive $75,000 each year. Allows a RETAC to apply for additional funds after July 1, 2002.
Requires that 5 or more counties or cities and counties qualify as a RETAC unless two counties have a combined population of 750,000 residents. Allows for the creation of a RETAC of 2 counties when the combined population of the counties is greater that 750,000 residents with approval of the council. Allows a county with geographical concerns to divide itself between 2 separate RETACs. Allows a county to request that the representative $15,000 for the county be divided between 2 separate RETACs. Requires the council to review the adequacy of funding for RETACs by December 31, 2005. Allows the council to make recommendations to adjust the funding structure after such review.
Requires financial reporting by a RETAC in October every year to the council. Requires a plan of emergency medical and trauma services to be submitted to the council by each RETAC every 2 years beginning July 1, 2003.
Requires the council to submit a report to the general assembly every November 1 regarding the expenditure of moneys in the emergency medical services account and emergency medical and trauma service goals for the state.
Exempts investigations, examinations, reports, and meetings conducted to designate or audit a treatment facility from disclosure requirements under the public records laws. Allows the department and local health departments to operate injury prevention programs. Allow the board of health to temporarily suspend a facility's designation pending remedial steps to correct any cause of discipline.
Clarifies that the 911 telephone system is for efficient communication between RETACs, service agencies, the coordination of prehospital care, and disaster care. Allows the board to promulgate rules to access any patient information in the registry not just aggregate information and prehospital, hospital and coroner's records. Clarifies that the board adopt rules in consideration of national standards for emergency medical and trauma care systems, such as those adopted by the American college of surgeons' committee on trauma and the guidelines for emergency medical and trauma care systems adopted by the American college of emergency physicians and American academy of pediatrics.
Includes prehospital and emergency medical technicians in the list of providers whose records are protected by medical record theft laws.
Replaces the definitions of an area trauma advisory council and the Colorado trauma institute with a new definition describing the regional emergency medical and trauma services advisory council. Adds a new designation, that of a level V health care facility, to the existing list of level I to level IV health care facilities. Defines a level V health care facility as one providing basic trauma care in rural areas. Clarifies the definition of a "regional pediatric trauma center".
Requires the current state advisory council on emergency medical services, the state trauma advisory council, and the Colorado bureau of investigation to conduct a study regarding whether criminal background checks through the Colorado bureau of investigation and the federal bureau of investigation should be required for emergency medical technicians. Lists criteria to be evaluated. Requires the report be submitted to the General Assembly by November 1, 2000.
Clarifies appointments to the Governor's expert emergency epidemic response committee.
Appropriates $15,000 from the highway users tax fund emergency medical services account to the department of public health and environment, division of emergency medical services and prevention, for the implementation of the act. Makes future appropriations budget line item requests.
APPROVED by Governor May 16, 2000
PORTIONS EFFECTIVE July 1, 2000, January 1, 2001, July 1, 2001
S.B. 00-190 Methyl tertiary butyl ether - prohibition - phase-out - civil penalty. Prohibits the sale, offer for sale, and storage of any fuel product containing or treated with methyl tertiary butyl ether ("MTBE"). Excludes from the prohibition any incidental co-mingling of MTBE with a fuel product during storage or transfer of the fuel product. Clarifies that such incidental co-mingling does not include the knowing or willful addition of MTBE to any fuel product. Exempts from the prohibition any person who, as of March 1, 2000, is selling, offering to sell, or storing any fuel product containing or treated with MTBE. Requires any such exempted person to phase out the sale, offer for sale, and storage of any fuel product containing or treated with MTBE on or before April 30, 2002. Imposes a civil penalty against any person who violates the prohibition against MTBE or who fails to comply with the phase-out. Excludes from the definition of "alternative fuel" any fuel product that contains or is treated with MTBE. Deletes the requirement that all visible containers and all devices for drawing motor fuel blends containing class A fuel products and MTBE be labeled with the motor fuel blend's MTBE volume percentage.
APPROVED by Governor May 23, 2000
EFFECTIVE September 1, 2000
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.
H.B. 00-1023 Immunizations - measures to enhance the tracking of immunizations given to children. Requires the department of public health and environment (the department) to review the administrative fee paid to public and private physicians for immunizations every 2 years and adjust such fees for inflation.
Allows legal guardians and parents for a child to request that such child's immunization records not be included within the existing tracking system for immunizations.
Broadens access to immunization records, including any of the following or any agent of the following:
Requires any person obtaining immunization records to keep such information confidential, and prohibits further release of the information without consent.
VETOED by Governor May 26, 2000
H.B. 00-1099 Jails - health standards - local authority. Specifies certain health standards that will not apply to a jail that begins operations on or after August 30, 1999, if the municipality or county operating the jail adopts health standards addressing the specified issues. Authorizes the governing body of a county or municipality that operates a penal institution that begins operations on or after August 30, 1999, to adopt health standards addressing the specified issues. Encourages county and municipal governing bodies, in adopting the standards, to consult with national associations relating to correctional institutions.
APPROVED by Governor May 24, 2000
EFFECTIVE May 24, 2000
H.B. 00-1167 Solid waste - recycling - waste tires - cleanup fund. Specifies that interest from the waste tire recycling development cash fund shall be paid into the fund. Deletes mandatory spending percentages for expenditures from the fund and allows any governmental entity to participate in public projects using the fund. Authorizes a personal services contract for the administration of the waste tire cleanup program. Reorganizes provisions and relocates definitions.
APPROVED by Governor May 24, 2000
EFFECTIVE May 24, 2000
H.B. 00-1172 Air quality control - state implementation plan - legislative review process. Makes changes in the current legislative council review process for changes or additions to elements of the air quality state implementation plan (SIP). Deletes the repeal date of July 1, 2000, on this program, thereby continuing the review function as altered by this act. Exempts this process from the requirement for the general assembly to review statutory requirements for reports from executive branch agencies.
Provides that, by January 15 of each year, the air quality control commission shall submit to the chairperson of the legislative council a report describing in summary form written in plain, nontechnical language any additions or changes to elements of the SIP adopted during the prior year that are to be submitted to the administrator of the federal environmental protection agency (EPA). Requires that copies of such reports be made available to the public and to each member of the general assembly.
By the February 15 following submission of such report, authorizes any member of the general assembly to make a request in writing that the legislative council review any additions or changes to elements of the SIP contained in the report. Upon receipt of such request, requires that a hearing be scheduled to conduct the review. Specifies the criteria for legislative council review. Directs the legislative council to either recommend legislation or decide not to recommend legislation following such review.
Exempts any bill introduced in the legislative process under this act from the bill limitations to which members of the general assembly are limited by law or joint rule of the senate and house of representatives. Requires any member of the general assembly to provide written notice of intent to introduce a bill to the legislative council within 3 days after a decision by the legislative council not to recommend legislation under this act.
Specifies that if no member of the general assembly requests legislative council review by the February 15 following submission of the report, the legislative council does not introduce a bill under this act, and no member of the general assembly provides a notice of intent to introduce a bill on a change or addition to a SIP element, the addition or change to the SIP shall be submitted to the EPA for final approval. Authorizes members of the general assembly to notify the legislative council that they are revoking their notice of intention to introduce a bill under this act. If a bill is introduced under this act, an addition or change to the SIP included in any such bill may only be submitted to EPA for final approval after passage of the bill approving the change or addition. If any bill introduced under this act does not pass, an addition or change to the SIP included in any such bill may be submitted to EPA for final approval.
Specifies that for 2000 only, the report required to be submitted to the chairperson of the legislative council shall be submitted by March 31, 2000, and that members of the general assembly shall have until April 10, 2000, to request legislative council review of any change or addition to a SIP element contained in such report.
APPROVED by Governor March 22, 2000
EFFECTIVE March 22, 2000
H.B. 00-1246 Body art - powers and duties of the department - rules and prohibitions. Authorizes the department of public health and environment to promulgate rules governing the safe and sanitary physical environment where body art is performed. Authorizes the department of public health and environment to impose penalties for violations, not to exceed $250 per day. Provides guidelines for setting such penalties. Prohibits the performance of body art upon a minor without express consent from the minor's parent or guardian. Makes violation of such prohibition a petty offense punishable by a fine of up to $250.
APPROVED by Governor May 23, 2000
EFFECTIVE May 23, 2000
H.B. 00-1290 Environmental quality - water quality - permit program - fees - reports. Extends the period during which water quality permit fees may be increased by a stated percentage contained in existing law from July 1, 2000, to July 1, 2003. Requires the annual report filed by the water quality control division of the department of public health and environment to include the status of the division's implementation of the discharge permit program. Directs the report to be filed with the house agriculture, livestock, and natural resources committee and the senate agriculture, natural resources, and energy committee.
APPROVED by Governor March 23, 2000
EFFECTIVE March 23, 2000
H.B. 00-1306 Contaminated land - redevelopment tax credit - appropriation. Requires the department of public health and environment to issue a certificate concerning the costs of clean-up to the owner of previously contaminated property. For tax years 2000 to 2005, gives owners who have such a certificate regarding property that is located in a municipality of at least 10,000 people an income tax credit equal to a percentage of the costs of clean-up, up to a total clean-up cost of $300,000. Allows any excess credit to be carried forward for up to 5 years so long as the excess is used in the earliest possible subsequent tax year.
Allows the hazardous substance response fund to be used at sites that are not listed on the national priorities list but at which: (a) Action pursuant to the federal "Comprehensive Environmental Response, Compensation, and Liability Act" ("CERCLA") is being taken; (b) action pursuant to CERCLA is not being taken, but the site has been shown to pose a threat to human health or the environment; or (c) use of the fund to provide state matching funds for remediation activities pursuant to the federal "Water Pollution Control Act" would keep the site from being added to the national priorities list.
Appropriates $250,000 out of the hazardous substance response fund to the department of public health and environment for the implementation of the act.
APPROVED by Governor May 24, 2000
EFFECTIVE January 1, 2001
H.B. 00-1315 Water quality - standards - recycled domestic wastewater. Allows the water quality control commission in the department of public health and environment to promulgate standards for reclaimed domestic wastewater that is to be used for subsequent reuses other than drinking.
APPROVED by Governor March 31, 2000
EFFECTIVE March 31, 2000
H.B. 00-1325 Air quality control - Southern Ute Indian tribe and Colorado environmental commission - implement intergovernmental agreement. In accordance with an intergovernmental agreement between the Southern Ute Indian tribe and the state of Colorado ("agreement"), creates the Southern Ute Indian tribe/state of Colorado environmental commission ("commission") for the purpose of establishing a single air quality program applicable to all lands within the exterior boundaries of the Southern Ute Indian reservation. Specifies that the commission is an authority created pursuant to the agreement.
Provides that when all conditions and terms of the agreement are fully in effect, the air quality program on the reservation shall be administered by the tribe pursuant to a delegation from the federal environmental protection agency. Directs that the commission consists of 3 members appointed by the tribe and 3 members appointed by the governor. Specifies that the commission shall be the air quality policy-making and administrative review entity for the reservation air program. Specifies the duties of the commission and the responsibilities of the air pollution division in providing technical assistance, training, and consultation to the tribe. Repeals the law creating the commission upon occurrence of any one of the following: The agreement being terminated by the tribe or the state, the general assembly enacting an explicit repeal, or the United States congress failing to enact federal legislation by December 13, 2001, as called for in the agreement.
APPROVED by Governor March 15, 2000
EFFECTIVE March 15, 2000
H.B. 00-1368 Residential facilities - licensure or approval - compliance with local zoning. Requires applicants for a state license, certificate, or approval to operate a public or private residential treatment facility, a personal care boarding home, a child care facility, or a community residential home to comply with any applicable zoning regulations of the municipality, city and county, or county where the facility is situated. Makes failure to comply with applicable zoning regulations grounds for denial of an approval of or license for the facility or home.
Requires the appropriate state department or division to assure timely written notice is provided to the municipality, city and county, or county where a residential treatment facility, personal care boarding home, child care facility, or community residential home is situated, including the address of the facility or home and the population and number of persons to be served by the facility or home, when any of the following occurs:
If a zoning or other delay or dispute between a facility or home and the municipality, city and county, or county where the facility or home is situated occurs, authorizes the appropriate department or division to issue a provisional license or approval for up to 120 days pending resolution of the delay or dispute.
Exempts foster care homes from the provisions of the act.
APPROVED by Governor June 1, 2000
EFFECTIVE June 1, 2000
H.B. 00-1431 Water and wastewater facilities - certification of operators - facility operation. Changes the name of the plant operators certification board to the water and wastewater facility operators certification board (board) and modifies its membership. Specifies additional areas of the certification process that are subject to board rule-making.
Requires the board to ensure that all certification examinations test for information that is relevant to the knowledge that is necessary to operate the level of facility for which certification is sought. Allows the board to select and appoint one or more independent nonprofit corporations to administer the board's operator certification program. Specifies that a nonprofit corporation must have expertise in training and testing procedures and demonstrated knowledge of water and wastewater treatment, collection, and distribution systems. Authorizes the board to promulgate rules to ensure that the program is administered properly. Requires the board to establish classes of certified water treatment facility operators and set minimum education, experience, examination, and ongoing training requirements for each class established.
Makes the water quality control division primarily responsible for investigating and reporting to the board any misconduct by water and wastewater facility operators. Requires the division to report the results of any investigation to the board and make recommendations regarding appropriate disciplinary action to the board. Authorizes the board to promulgate rules to allow the division to immediately suspend or revoke certifications where immediate action is necessary to protect the public health or environment.
Eliminates existing statutory qualifications for certification as a water system operator, domestic wastewater treatment facility operator, or industrial wastewater treatment facility operator, and requires the board to establish new qualifications for the certification by rule. Creates a new multiple facility operator certification and requires the board to establish qualifications for the certification. Allows an applicant for operator certification to substitute experience for education or education for experience in certain situations.
Specifies certification procedures and allows the board to authorize special examinations or other procedures where there is a question as to the appropriate certification level for a particular applicant for certification. Reduces the period of time for which certification is awarded from 5 years to 3 years.
Eliminates certain fees and gives the board authority to set program fees by rule. Specifies the manner in which certification fees are to be set, collected, and distributed. Specifies penalties for any person who misrepresents himself or herself as a certified operator of any category. Establishes complaint and hearing procedures for persons alleged to have violated facility operator requirements.
APPROVED by Governor May 23, 2000
EFFECTIVE May 23, 2000
H.B. 00-1432 Suicide prevention - coordinator - reports - appropriation. Directs the department of public health and environment ("department") to act as the state coordinator for suicide prevention programs. Beginning November, 2000, requires the department annually to submit a report on the status of the coordination of suicide prevention programs. Directs the chairs of the health, environment, welfare, and institutions committees of the senate and the house of representatives to decide by January 15, 2004, whether to discontinue the reports.
Appropriates $157,846 and 2.0 FTE to the department of public health and environment. Adjusts the appropriation in the general appropriation act.
APPROVED by Governor June 2, 2000
EFFECTIVE August 2, 2000
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.
H.B. 00-1468 Abortion - use of fetal tissue. Defines induced termination of pregnancy.
Finds, determines, and declares that the use of fetal tissue should not be acquired for valuable consideration. Finds that the United States congress enacted legislation prohibiting the acquisition, receipt, or transfer of fetal tissue for consideration if interstate commerce is affected. Determines and declares that intrastate commerce is affected by the acquisition, receipt, or transfer of fetal tissue for consideration, and therefore prohibits such transfers.
Prohibits the transfer of fetal tissue from an induced termination of pregnancy from being transferred for valuable consideration. Valuable consideration includes, but is not limited to:
Authorizes the state registrar of vital statistics in the department of public health and environment to fine any physician or institution violating this law not more than $10,000, depending upon the severity of the violation. Allows the department of public health and environment to promulgate rules necessary for enforcement and implementation of this act.
APPROVED by Governor May 26, 2000
EFFECTIVE August 2, 2000
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.
H.B. 00-1481 Enforcement - environmental self-audit law - memorandum of agreement with federal environmental protection agency - pilot project. Enacts a pilot project to implement the Colorado environmental self-audit law under a memorandum of agreement with the United States environmental protection agency. Makes legislative declarations with respect to the intent of the environmental self-audit law originally enacted in 1994. Recognizes that the United States environmental protection agency has taken direct action against entities in Colorado that have made disclosures protected by the Colorado environmental self-audit law. Makes the applicability of this law contingent upon the department of public health and environment and the United States environmental protection agency entering into a memorandum of agreement consistent with the provisions of this law.
On and after May 30, 2000, grants the department of public health and environment discretion to assess penalties for criminal negligence where available under federal environmental law. In addition, grants the department of public health and environment discretion to consider certain factors in determining whether and to what extent an entity is entitled to penalty immunity under the environmental self-audit law. Specifies that the state may obtain access to an environmental self-audit report where the state has independent evidence of any criminal violation of an environmental law. Provides that evidence of a criminal violation constitutes "compelling circumstances" for purposes of the judicial or administrative review procedures of the environmental self-audit privilege law. Provides that, when a self-audit report is obtained, reviewed, or used in a criminal proceeding, the privilege provided in the environmental self-audit law applicable to civil or administrative proceedings is not waived or eliminated.
By July 1, 2003, requires the department of public health and environment to report to the general assembly any recommendations as to whether the pilot program created by this bill should continue, as well as any recommendations for modification.
APPROVED by Governor May 30, 2000
EFFECTIVE May 30, 2000
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