Health And Environment - Digest of Bills

Digest of Bills - 2003

HEALTH AND ENVIRONMENT

S.B. 03-2 Powers and duties - reorganization of statutes. Reorganizes the statutory section that contains the list of powers and duties of the department of public health and environment and relocates the section into a new article.

APPROVED by Governor March 20, 2003
EFFECTIVE July 1, 2003

S.B. 03-9 Emergency medical technicians - certification - criminal history record checks - rule-making. Requires the state board of health, when adopting provisions governing the department of public health and environment's ("department") use of results of national and state criminal history record checks of emergency medical technician ("EMT") applicants, to allow the department to consider whether the applicant has been convicted of a felony or misdemeanor involving moral turpitude and the pertinent circumstances connected with the conviction and to make a determination whether any such conviction disqualifies the applicant from certification.

Requires all initial emergency medical technician ("EMT") certificate applicants who have lived in Colorado for more than 3 years to undergo a fingerprint-based criminal history record check upon application for an initial EMT certificate. Eliminates the criminal history name check procedure from the initial EMT certification process. Eliminates the requirement for a subsequent fingerprint-based criminal history record check if the certificated EMT has submitted to a fingerprint-based criminal history record check either at initial certification or certification renewal.

APPROVED by Governor May 14, 2003
EFFECTIVE May 14, 2003

S.B. 03-19 Tobacco settlement programs - program reviews - appropriation. Clarifies how the department of public health and environment gets paid for monitoring programs that receive tobacco settlement moneys beginning July 1, 2003. Beginning July 1, 2003, changes how the state auditor's office is paid for tobacco settlement program review from a proportion of the amount received by each tobacco settlement program to one-tenth of one percent of the total amount of moneys received by the state pursuant to the master settlement agreement. Specifies that the amount to be appropriated to the state auditor's office shall come from a proportionate reduction in the amounts annually appropriated to each tobacco settlement program that is reviewed by the state auditor's office.

Specifies that the breast and cervical cancer prevention and treatment program is subject to the annual financial and compliance audit of the "Colorado Medical Assistance Act" performed by the state auditor's office and is not subject to review as a tobacco settlement program.

Makes various adjustments to the 2003 general appropriations act to reflect the proportionate reduction of the audit expenses from each tobacco settlement program subject to review by the state auditor's office, and makes a corresponding appropriation of $98,743 from the tobacco litigation settlement cash fund to the state auditor's office for such reviews.

APPROVED by Governor May 14, 2003
EFFECTIVE July 1, 2003

S.B. 03-66 Motor vehicles - fees - air conditioning. Repeals a $2 fee on new motor vehicles with air conditioning.

APPROVED by Governor March 20, 2003
EFFECTIVE July 1, 2003

S.B. 03-175 FY 2002-03 budget reduction bill - nursing facilities - use of nursing home penalty cash fund - appropriation. For fiscal year 2002-03, authorizes the use of the nursing home penalty cash fund for the purpose of inspecting and investigating complaints of nursing facilities that have been previously cited pursuant to state or federal law.

Makes adjustments to the fiscal year 2002-03 general appropriations act to reflect this change.

APPROVED by Governor March 5, 2003
EFFECTIVE March 5, 2003

S.B. 03-260 FY 2003-04 budget reduction bill - wholesale food manufacturers and storage facilities - appropriation. Declares that the regulation and registration of wholesale food manufacturers and storage facilities is necessary to protect the public health, to benefit consumers, to assist retailers, and to contribute to the economic health of the state.

Beginning July 1, 2003, and on each July 1 thereafter, requires the owner of a wholesale food manufacturing or storage facility to register with the department of public health and environment. Requires the payment of a registration fee of $175 for small facilities and $245 for medium to large facilities. Allows the department to adjust the fee on or after July 1, 2005, upon the fulfillment of certain requirements as determined by the state board of health. Requires the department to collect a fee of $300 for the issuance of a certificate of free sale.

Creates the wholesale food manufacturing and storage protection cash fund. Credits such fund with fees collected pursuant to this act for the regulation of wholesale food manufacturing and storage facilities.

Diverts fees collected pursuant to the "Shellfish Dealer Certification Act" from the food protection cash fund to the wholesale food manufacturing and storage protection cash fund.

Decreases the FY 2003-04 general fund appropriation to the department of public health and environment by $160,906 and increases the cash fund appropriation to the department by $196,788 for the implementation of this act.

APPROVED by Governor May 1, 2003
EFFECTIVE May 1, 2003

S.B. 03-276 FY 2003-04 budget reduction bill - water quality - discharge permit fee increase - drinking water provider fee - appropriation. Increases fees for issuance or revision of water quality control discharge permits by 66.2%. Requires the division of administration in the department of public health and environment to submit a report to the general assembly by December 1, 2004, concerning the fees. Repeals the increase on July 1, 2005.

Creates the drinking water cash fund. Establishes annual fees for suppliers of drinking water based on the size and nature of the suppliers' public water systems. Deposits the fees in the drinking water cash fund and authorizes use of the fund for the administration of the department's drinking water program. Requires the division of administration in the department of public health and environment to submit a report to the general assembly by December 1, 2004, concerning the fees. Repeals the increase on July 1, 2005.

Makes adjustments to the 2003 general appropriations act.

APPROVED by Governor May 1, 2003
EFFECTIVE May 1, 2003

S.B. 03-280 FY 2003-04 budget reduction bill - hazardous substance response fund - tipping fee increase - use for litigation - repeal - appropriation. Allows moneys in the hazardous substance response fund to be appropriated for litigation arising under the state or federal hazardous substance laws up to an amount equal to newly increased fees. Increases solid waste tipping fees, 70% of which are deposited in the fund, by 1¢ per load transported by car or truck, and 2¢ per cubic yard per load for commercial vehicles. Repeals the increased fee on July 1, 2006. Provides for general fund moneys to be appropriated to the department of law if the repeal date is not extended past July 1, 2006.

Makes adjustments to the 2003 general appropriations act.

APPROVED by Governor May 1, 2003
EFFECTIVE May 1, 2003

S.B. 03-287 FY 2003-04 budget reduction bill - health facilities - license fee. Increases the annual license fee paid by health facilities from $150 to $360.

APPROVED by Governor May 1, 2003
EFFECTIVE May 1, 2003

H.B. 03-1015 Air pollution - rules - cost-benefit analysis - permit fee credit program - repeal. Delays for 5 years (until July 1, 2008) the first of a series of cumulative economic analyses of all air pollution control measures adopted by the state, to be undertaken by the department of public health and environment after public comment and review.

Repeals a permit fee credit program for permittees that reduce their baseline level of emissions of regulated pollutants.

APPROVED by Governor April 7, 2003
EFFECTIVE April 7, 2003

H.B. 03-1026 Bioterrorism - release of information. Authorizes the state department of public health and environment and local departments of health to release medical and epidemiological information to peace officers, federal law enforcement agencies, and prosecutors for any investigation or prosecution related to bioterrorism. Provides that reasonable efforts shall be made to limit the disclosure of personal identifying information to the minimal amount necessary to accomplish the law enforcement purpose. Defines bioterrorism to include the use of biological microorganisms or toxins and chemical or radiological agents to cause death or disease among humans or animals.

Specifies that the release of such information does not constitute the theft of medical records or medical information.

APPROVED by Governor April 17, 2003
EFFECTIVE April 17, 2003

H.B. 03-1056 Hazardous waste sites - solid waste user fees - repeal - extension - appropriation. Extends from January 1, 2004, to January 1, 2009, 2 repeal dates relating to the expenditure of solid waste fees to fund response actions at solid waste landfills and national priority list sites.

Appropriates $125,000 to the department of public health and environment, hazardous materials and waste management division, for implementation of the act.

APPROVED by Governor May 21, 2003
EFFECTIVE May 21, 2003

H.B. 03-1101 Hazardous waste sites - voluntary clean-up program - application process - fees. Under the existing voluntary clean-up program for sites and facilities contaminated by hazardous substances or petroleum products, allows the department of public health and environment to recover direct and indirect costs from applicants when the department's costs of reviewing the application exceed the standard $2,000 application fee. Limits such cost recovery to an additional $1,000 (for a total fee of $3,000) unless the department notifies the applicant that the charges will exceed this amount and offers the applicant an opportunity to either negotiate a higher limit or withdraw the application.

APPROVED by Governor April 1, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 03-1255 Quality management information - submission to nongovernmental entity - confidentiality. Establishes that the confidentiality of quality management information relating to the evaluation or improvement of quality health care services that is collected by a health care facility shall not be impaired or otherwise adversely affected solely by the reason of submission of that information to a nongovernmental entity to conduct studies that evaluate, develop, and analyze the information. Specifies that the findings, conclusions, or recommendations contained in the studies conducted by the nongovernmental entity shall not be deemed to establish a standard of care for health care facilities.

APPROVED by Governor April 17, 2003
EFFECTIVE April 17, 2003

H.B. 03-1283 Alcohol and drug abuse - treatment services - designation of public agencies. Allows a public agency to be designated by the division of alcohol and drug abuse in the department of human services as a designated managed service organization for the purpose of purchasing treatment services for the treatment of alcohol and drug abuse.

APPROVED by Governor April 7, 2003
EFFECTIVE April 7, 2003

H.B. 03-1329 Waste tires - surcharge - recycling. Imposes an additional 25¢ surcharge on the disposal of motor vehicle tires. Credits such surcharge to a new fund, designated the processors and end users of waste tires cash fund. Requires 72% of such cash fund to be used to reimburse processors and end users of raw waste tires and 28% of such cash fund to be used for tire reuse or recycling incentives in public projects.

APPROVED by Governor May 22, 2003
EFFECTIVE January 1, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 03-1340 Air quality - state implementation plans - legislative review - exemptions. Authorizes the air quality control commission (commission) to revise the motor vehicle emission budgets contained in the carbon monoxide maintenance plans for the Longmont and Denver metropolitan areas in 2003 by using the latest mobile source emissions model and guidance issued by the federal environmental protection agency. Exempts the revision from the general assembly's state implementation plan review process, but prohibits the commission from submitting the revision to the environmental protection agency unless the legislative council approves the revision by September 30, 2003. Repeals the act on December 31, 2003.

APPROVED by Governor May 22, 2003
EFFECTIVE May 22, 2003

H.B. 03-1351 Retail food establishments - fees. Increases the annual license fees for retail food establishments. Increases the amount of the fee that is credited to the food protection cash fund from an establishment that prepares food for immediate consumption from $20 to $25.

APPROVED by Governor May 22, 2003
EFFECTIVE July 1, 2003

H.B. 03-1358 Radioactivity - classified materials - disposal requirements - notice and comment. Changes the term "classified waste" to "classified material" and expands the definition to include type 2 byproduct materials, naturally occurring or technologically enhanced naturally occurring radioactive materials, non-11 e (2) materials, and ores. Exempts certain technologically enhanced or naturally occurring radioactive materials from the definition.

Prohibits a facility from disposing of or receiving for storage incident to disposal or processing at the facility any classified materials unless the facility is licensed to do so with respect to the specific type of classified material. Exempts bench- and pilot-scale projects and de minimis amounts from the licensing requirement. Requires a facility that, as of the effective date of the act, is in the process of renewing its license to comply with its current license and to provide to a local library a copy of the applicable material acceptance reports. If the facility proposes to accept a type of classified material for which a material acceptance report has not already been provided, requires a 60-day notice to the department of public health and environment and the board of county commissioners of the county in which the classified material is proposed to be accepted. Gives the public 30 days to file written comments with the department, and then gives the department 30 days to determine whether the acceptance of the proposed classified material is subject to the facility's license.

Requires a facility that wishes to renew its license or to be licensed for a new type of classified material to submit a written application to the department and to hold 2 public meetings concerning the application. Allows the board of county commissioners of the county in which the classified material is proposed to be accepted 90 days after the first public meeting on the application to file a response to the applicant's environmental assessment. Requires the applicant to pay the board $50,000 to assist the board in responding to the application. Expands the items required to be addressed in the environmental assessment of the application.

In deciding whether to grant the application, directs the department to consider the facility's compliance with financial assurance requirements and the board of county commissioners' response to the environmental assessment, and allows the department to order reasonable mitigation to address substantial impacts identified in the response. Requires the department to grant or deny the application as a whole. Conditions approval of the application on proof that the processing or disposal of the radioactive materials at the facility will not adversely affect the federal department of energy's receipt of title to the facility or site pursuant to the federal "Atomic Energy Act", will protect worker safety, and will not cause unpermitted releases to the environment.

Applies to approvals of applications to dispose of, or to receive for storage incident to disposal or processing at a facility, classified waste occurring or required on or after June 3, 2003.

APPROVED by Governor June 3, 2003
EFFECTIVE June 3, 2003

H.B. 03-1370 Trauma facilities - review process. Eliminates the 3-year review requirement for designated trauma facilities. Requires the state board of health to adopt an ongoing periodic review process for designated trauma facilities.

APPROVED by Governor May 22, 2003
EFFECTIVE May 22, 2003

H.B. 03-1371 Department of public health and environment - contract vaccines - repeal. Repeals the authority of the department of public health and environment to contract with a private or nonprofit entity to arrange for the cost-effective ordering, distribution, and accounting of vaccines.

APPROVED by Governor June 3, 2003
EFFECTIVE June 3, 2003