S.B. 02-41 Hazardous waste - processors - siting. Expands the "State Hazardous Waste Incinerator Siting Act" (Act) to include hazardous waste processors. Exempts hazardous waste processors that were in operation as of March 22, 2002. Authorizes local governments to issue certificates of designation to hazardous waste processors. On the list of concerns a local government shall consider before issuing a certificate, adds the quality and quantity of public and private infrastructure the site needs.
Changes the standard for a court to overturn a local government decision on judicial review from whether there is "no error" to whether the local government acted reasonably and in accordance with the Act.
Limits the times during which the department of public health and environment can inspect a hazardous waste incinerator or processor to normal business hours after appropriate notification is given unless an emergency exists or the department has reason to believe that unlawful activity is being conducted or will be conducted at such site.
Authorizes local governments to promulgate rules and collect impact fees on hazardous waste processors. Authorizes a one-time, lump-sum payment in lieu of annual impact fees if the owner or operator of the hazardous waste site agrees to such one-time fee. Raises the cap on the fee to apply for certification from $50,000 to $100,000. Changes impact fees from 2% of revenues to the greater of 2% of revenues or operating costs. Requires local governments to provide an accounting of the costs incurred in the application review and hearing process and to refund any payment in excess of such costs within 90 days.
Defines relevant terms, including "hazardous waste processing".
APPROVED by Governor March 22, 2002
EFFECTIVE March 22, 2002
S.B. 02-71 Nursing facilities - pilot consumer satisfaction survey - appropriation. Requires the department of public health and environment to develop and implement a pilot survey to aid in the implementation of a consumer satisfaction survey for residents of nursing facilities. Requires the survey to be used to assess the validity of the questionnaire for use in the consumer satisfaction survey, the nursing facilities residents' cognition levels to determine the residents' ability to complete the survey in meaningful manner, the techniques employed to obtain the number of completed survey questionnaires needed to achieve statistical validity on the final consumer satisfaction survey, and the survey data to ensure that such data is meaningful to consumers.
Requires the participation of no more than 10% of licensed facilities to be chosen by the department based on the location and population of the facilities. Requires individual pilot survey results to be confidential and allows aggregate results to be made available to the public.
Requires the department to implement the pilot survey on or before July 1, 2002, and to report the results to the general assembly by April 15, 2003. Requires the department to commence implementation of the consumer satisfaction survey on or before July 1, 2003.
Exempts hospice and transitional care unit residents and their families from participation in the pilot survey and the consumer satisfaction survey. Requires nursing facilities to release the names, addresses, and telephone numbers of the parties responsible for the nursing facility residents for the sole purpose of conducting the surveys.
Provides that the consumer satisfaction survey shall not be used as a basis for incentive payments until all required licensed nursing facilities have completed such survey.
Makes an appropriation of $58,514 and 1.1 FTE to the department of public health and environment, division of health facilities, for the implementation of this act. Makes an appropriation of $50,231 to the department of human services, office of adult and veterans services, aging services programs, for the implementation of this act. Decreases the general fund appropriation to the department of health care policy and financing, medical services premiums by $108,745. Makes adjustment to the appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 2002.
APPROVED by Governor June 7, 2002
EFFECTIVE June 7, 2002
S.B. 02-185 Tuberculosis containment. Directs chief medical health officers to use every available means to identify the contacts of tuberculosis cases and to offer treatment as appropriate. Authorizes such health officers to issue a quarantine or isolation order when a patient with multidrug-resistant tuberculosis ceases taking prescribed medications against medical advice. With the approval of the state chief medical health officer, authorizes such health officers to conduct screening programs of populations who are at increased risk of developing tuberculosis or having latent tuberculosis infection.
Instructs the executive director of the department of public health and environment to direct the investigation, examination, and treatment of persons who have had contact with suspected tuberculosis cases and to make arrangements with hospitals for the care and treatment of patients with drug-resistant tuberculosis if resources permit.
Authorizes hospitalization assistance to any person who has multidrug-resistant tuberculosis regardless of such person's length of residence in this state.
APPROVED by Governor June 7, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
S.B. 02-198 Air quality - clean vehicle fleet program - repeal. Directs the air quality control commission to administratively repeal the clean vehicle fleet program and to replace it if required by federal law. Maintains the availability of the existing tax credit and rebate for vehicles that use alternative fuels. Makes conforming amendments.
APPROVED by Governor June 1, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
S.B. 02-235 Air quality - joint tribal/state environmental commission - extension - membership. Requires at least 2 of the governor's 3 appointees to the joint Southern Ute Indian tribe/state of Colorado environmental commission (commission) relating to the authority to administer a tribal air quality program to reside in either Archuleta or La Plata county, at least one of such appointees to reside on fee land within the Southern Ute reservation, and all of such appointees to be residents of Colorado. Deletes the specific repeal date in the air quality statute by which Congress must enact legislation to approve the compact that creates the commission. Extends the period specified in the compact from 2 to 3 years by which Congress must enact legislation to approve the compact. Makes the act apply to actions taken with reference to the commission on or after December 13, 2001.
APPROVED by Governor June 1, 2002
EFFECTIVE June 1, 2002
H.B. 02-1033 Farm products - dealers - elimination of license application fee - whipped butter content. Eliminates the license application fee for dealers in farm products who agree to use cash for all farm product transactions.
Eliminates the requirement that whipped butter contain not less than 80% fat by weight.
APPROVED by Governor March 13, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
H.B. 02-1125 Stroke advisory board - stroke prevention and treatment cash fund - creation - appropriation. Declares that strokes are a leading cause of death in Colorado and that currently available treatments could reduce the number of deaths and disabilities caused by strokes. Further declares that the establishment of a stroke advisory board will ensure the availability of state-of-the-art information on stroke education, prevention, and treatment.
Creates a stroke advisory board to be appointed by the executive director of the department of public health and environment. Authorizes the stroke advisory board to evaluate the current system for stroke prevention and treatment and make recommendations for improvement to the system; evaluate the implementation strategies for stroke therapies, including a stroke center system; complete a statewide comprehensive stroke prevention and treatment needs assessment; determine the impact created by delayed or inappropriate treatment; and study the economic benefits of early stroke treatment. Requires the advisory board to report its findings to the general assembly on or before November 1, 2003.
Creates a stroke prevention and treatment cash fund to consist of gifts, grants, donations, federal funds, and moneys appropriated by the general assembly. For fiscal year 2001-2002, appropriates $75,978 from moneys paid to the department of public health and environment from tobacco settlement programs to the fund for allocation to the stroke advisory board to cover the costs of the board's duties.
Appropriates $39,857 and 0.5 FTE to the department of public health and environment for the implementation of this act.
APPROVED by Governor May 30, 2002
EFFECTIVE May 30, 2002
H.B. 02-1129 Women, infants, and children program - farmers' market nutrition program. Requires the state board of health to promulgate rules, conditioned on the receipt of gifts, grants, or donations sufficient to provide for the required state match and administrative expenses, to implement a farmers' market nutrition program ("program") to distribute food coupons, redeemable only at farmers' markets, to eligible participants of the women, infants, and children program. Conditions the implementation of the program on state plan approval by the United States department of agriculture and the award of federal moneys for the program.
Repeals the farmers' market nutrition program in 4 years if the program has never been implemented due to the fact that insufficient gifts, grants, or donations were received for the required state match and administrative expenses.
APPROVED by Governor May 24, 2002
EFFECTIVE May 24, 2002
H.B. 02-1168 Vital statistics - registrar - duties - new certificate of birth following adoption - notation. When a new certificate of birth is issued pursuant to an adoption, requires the state registrar to mark it with the words "issued pursuant to adoption" if requested by an adoptive parent or the adopted person. Requires the state registrar to develop rules to ensure that an adoptive parent's decision to include the notation is made knowingly.
APPROVED by Governor April 19, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
H.B. 02-1263 Substance abuse treatment services - coverage by individual or group health benefit plans - court-ordered treatment - medical necessity - medicaid - native Americans - state plan amendment - appropriation. Beginning January 1, 2003, requires any individual or group health benefit plan that provides coverage for substance abuse treatment to provide coverage for treatment regardless of whether it is voluntary or court-ordered as a result of contact with the criminal justice or legal system. Specifies that the health benefit plan is only required to provide coverage for benefits if the services are deemed medically necessary, are otherwise covered by the plan, and are rendered by a provider who is designated by and affiliated with the health maintenance organization. States that coverage is subject to copayments, deductibles, or policy limits.
Requires the department of health care policy and financing ("department") to amend the state plan, conditioned on the receipt of gifts, grants, or donations sufficient to provide for the state's administrative costs of preparing and submitting the state plan amendment, to include any substance abuse treatment services for native Americans for which there is 100% federal financial participation. Specifies that if sufficient gifts, grants, or donations have not been credited to the native American substance abuse treatment cash fund, established for this purpose, by December 31, 2002, the provisions in the act relating to substance abuse treatment services for native Americans are repealed.
Appropriates $41,140 to the department from gifts, grants, and donations in the native American substance abuse treatment cash fund for the purpose of amending the state plan to include substance abuse treatment services for native Americans.
APPROVED by Governor May 30, 2002
EFFECTIVE May 30, 2002
H.B. 02-1279 Alcohol and drug abuse - purchase of treatment services. Authorizes the division of alcohol and drug abuse in the department of human services to purchase services for the treatment of alcohol and drug abuse from a designated managed service organization. Allows such services to be purchased through a designation process instead of through a competitive RFP process under the "Procurement Code". Authorizes the director of the division to establish designated geographic service areas. Allows a private corporation, for profit or not for profit, to apply to be a designated managed service organization serving a particular designated service area. Specifies the factors for designation as a designated managed service organization. Specifies the appeal process for review of decisions made regarding the designation of a managed service organization.
Clarifies that the division may continue to purchase prevention or treatment services on a contract basis from any tribal nation or any public or private agency, organization, or institution approved by the division.
APPROVED by Governor April 3, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
H.B. 02-1308 Youth prevention and intervention services - administration. Repeals the requirement for the state board of health to review grants made by the division on prevention and intervention services for children and youth ("division") through the prevention and intervention programs operated by the division. Repeals the requirement for the executive director of the department of public health and environment to meet at least biannually with the executive directors of the departments of corrections, health care policy and financing, higher education, local affairs, and natural resources, or their designees, to review the activities and progress of the division and its interaction with the prevention, intervention, and treatment programs provided by other state agencies. Requires the executive director of the department of public health and environment to meet at least annually, and not biannually, with the governor, or his or her designee, and with the executive directors of specified departments to review the activities and progress of the division and its interaction with the prevention, intervention, and treatment programs by other state agencies.
Clarifies that each state agency using federal or state moneys to fund local prevention and intervention programs shall submit an annual report concerning these programs to the division. Requires pilot program applications to include a plan for pooling resources for the creation of an integrated delivery system for all prevention and intervention services to children, youth, and families in the community, rather than a plan to create a single location for delivery of all such services.
APPROVED by Governor April 3, 2002
EFFECTIVE April 3, 2002
H.B. 02-1323 Health facilities - personal care boarding homes - licensure fees - fines - appropriation. Replaces the phrase "personal care boarding home" with "assisted living residence" to refer to certain facilities regulated by the department of public health and environment (department). Includes life care facilities within the definition of an "assisted living residence". Lists specific services to be included within the definition of an assisted living residence. Clarifies the definition of "protective oversight". Allows the board of health (board) to define a high medicaid utilization facility within certain parameters and to create a modified fee schedule for assisted living residences that serve a disproportionate share of low-income residents.
Allows the board to create intermediate restrictions or conditions when disciplining an assisted living residence. Requires that an assisted living residence submit to the department a written plan of action for measures to respond to violations found during an inspection. Allows the department to require criminal background investigations that are automatically updated by the Colorado bureau of investigation upon original application or the first renewal after July 1, 2002, for licensees and administrators. Allows the department to impose certain restrictions and monetary fines of not more than $2,000 per calendar year. Creates the assisted living residence improvement cash fund. Directs the proceeds of fines to the fund and specifies the permissible uses of such proceeds.
Increases application fees for assisted living residences. Creates additional fees for new licenses, changes of ownership of a residence, and residences that provide services in a secure environment. Also creates fees for licensees who expand the number of beds in a residence or who undergo substantial remodeling or new construction of a residence. Creates reduced fees for high medicaid utilization residences.
Repeals obsolete reporting provisions. Requires the department, in consultation with the existing advisory committee, to evaluate whether or not a risk-based inspection program should be implemented for assisted living residences. Requires the advisory committee to report to the general assembly and the joint budget committee by February 15, 2003. Requires the board, in consultation with the advisory committee, to report to the health, environment, welfare, and institutions committee for the house of representatives, the health, environment, children and families committee for the senate, and the joint budget committee by October 15, 2003, and every 5 years thereafter concerning the cost of administering the assisted living residence program.
Appropriates $291,482 and 3.3 FTE to the department for allocation to the health facilities division for implementation of this act. Allocates $9,349 of said appropriation to the department of law for provision of legal services associated with this act.
APPROVED by Governor June 7, 2002
EFFECTIVE July 1, 2002
H.B. 02-1329 Water quality control - commissioner of agriculture - duty to monitor agricultural chemicals in groundwater - appropriation. Requires the commissioner of agriculture to identify agricultural management areas and to monitor the presence of any agricultural chemical in groundwater or the likelihood that an agricultural chemical will enter groundwater. Directs the commissioner to enter into an agreement with the department of public health and environment to perform analysis, interpretation, and reporting of groundwater monitoring data supplied by the commissioner.
Adjusts the 2002 general appropriation act to reduce the amount appropriated to the department of public health and environment, water quality control division, by $93,806 and increase the amount appropriated to the department of agriculture, agricultural services division, by 1.0 FTE.
APPROVED by Governor June 3, 2002
EFFECTIVE June 3, 2002
H.B. 02-1344 Water quality control - permit fees - study - appropriation. Directs the division of administration in the department of public health and environment to undertake a study to examine whether the state water quality control program should be modified to reasonably accommodate, in the standard-setting and classification process, the unique attributes of Colorado's water bodies. Specifies specific criteria to be considered in such study.
Increases fees for issuance or revision of water quality control discharge permits to:
Appropriates $520,687 and 4.0 FTE from the water quality control fund to the department of public health and environment for allocation to the water quality control division for the implementation of the act. Adjusts appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 2002.
APPROVED by Governor June 7, 2002
EFFECTIVE June 7, 2002
H.B. 02-1348 Poison control program - transfer to department of public health and environment - transfer of appropriation. Transfers the poison control program from the department of health care policy and financing to the department of public health and environment. Grandfathers in the existing statewide poison control oversight board with the exception of the member who represents the department of health care policy and financing, and transfers the oversight board by a type 2 transfer to the department of public health and environment. Clarifies the responsibilities of the oversight board as a type 2 board. Eliminates the requirement of senate confirmation of the oversight board.
Transfers the appropriation for the fiscal year commencing July 1, 2002, from the department of health care policy and financing to the department of public health and environment.
APPROVED by Governor May 6, 2002
EFFECTIVE July 1, 2002
H.B. 02-1408 Waste management - radioactive waste disposal - public notice and meetings - departmental approval. Defines "classified waste" as certain types of radioactive waste with listed exceptions. Prohibits disposal of 110 tons or more of such waste within 5 miles of any city or town in Colorado absent public notice, 2 public meetings, and approval by the department of public health and environment. Requires the disposal site to make up to $20,000 available to the applicable board of county commissioners to conduct an independent environmental analysis of the disposal.
APPROVED by Governor April 5, 2002
EFFECTIVE April 5, 2002
H.B. 02-1411 Air quality - state implementation plan amendments - redesignation to attainment - Fort Collins. Allows the air quality control commission to submit a request for redesignation of Fort Collins as an attainment area for the air pollutant carbon monoxide, and to submit an associated maintenance plan for such area, to the federal environmental protection agency for approval and incorporation into the state implementation plan without submitting such request to legislative review.
APPROVED by Governor June 4, 2002
EFFECTIVE June 4, 2002
H.B. 02-1440 Emergency medical and trauma services - fixed-wing and rotary-wing services - licensing - report - appropriation. Requires the state board of health ("state board") to set license fees for ambulance services in an amount equal to the cost of such licensure. Repeals the conditional licensing of ambulance services by counties. Requires licensing of fixed-wing and rotary-wing ambulance services. Requires the state board to promulgate rules related to fixed-wing and rotary-wing ambulance services.
Requires a regional emergency medical and trauma services advisory council ("RETAC") to submit to the state emergency medical and trauma services advisory council ("council") an annual report on its expenditures and a biennial plan on its emergency medical and trauma services plan. After July 1, 2003, gives the department of public health and environment ("department"), based upon recommendations from the council, discretion in providing funding for emergency medical and trauma service plans.
Requires 4 or more counties or cities and counties to join together to qualify as a RETAC, but allows a city and county to join with one county to form a RETAC.
Authorizes the state board of health to temporarily suspend a facility's designation as a trauma center. Authorizes the department to have access to records of emergency medical and trauma patients and directs the department to prepare an annual report on the statewide medical emergency and trauma system.
Appropriates $11,000 and 0.2 FTE from the fixed-wing and rotary-wing ambulances cash fund to the department of public health and environment for allocation to health promotion and disease prevention.
APPROVED by Governor May 29, 2002
EFFECTIVE May 29, 2002
H.B. 02-1455 Air quality - motor vehicle emissions control - clean screen program - collection of test fees by county clerks. If the air quality control commission promulgates initiation dates for the clean screen program for the enhanced or basic program areas, restricts the class of motor vehicles for which emissions test fees are collected upon registration from all motor vehicles subject to the testing requirement to only those that have been clean screened. Expands the class of motor vehicles eligible to be clean screened to include light-duty 1981 and older motor vehicles.
Provides that certain provisions will take effect only if House Bill 02-1338 becomes law.
APPROVED by Governor
PORTIONS EFFECTIVE June 1, 2002;
June 1, 2002; September 1, 2002
NOTE: House Bill 02-1338 was signed by the Governor June 7, 2002.
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