Digest of Bills - 2004


S.B. 04-88 Family planning - breastfeeding - public places. Establishes that breastfeeding is a significant health choice for both mother and infant. Provides that a mother may breastfeed in any area that the mother has a right to be.

APPROVED by Governor April 23, 2004
EFFECTIVE April 23, 2004

S.B. 04-95 Certificates of stillbirth - option to file - registration - delayed filing. Defines "stillbirth" to have the same meaning as "stillborn death". Requires the state registrar to create a certificate of stillbirth. Requires a certificate of stillbirth to be offered to the mother in each instance of stillbirth which occurs in this state. States that if the mother decides to file a certificate of stillbirth, the certificate of stillbirth shall be filed with the state registrar within 3 days after the stillbirth occurs. Requires the state registrar to register the certificate of stillbirth if it has been completed and filed properly. Authorizes the person preparing the certificate of stillbirth to leave blank any reference to the name if the mother decides not to place a name on the certificate of stillbirth. Authorizes a delayed filing and registration of a certificate of birth resulting in stillbirth.

APPROVED by Governor April 19, 2004
EFFECTIVE July 1, 2004

H.B. 04-1013 Prevention services division - name change. Changes the name of the division of prevention and intervention services for children and youth to the prevention services division.

APPROVED by Governor March 17, 2004
EFFECTIVE August 4, 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. 04-1147 Environmental management system permit - pilot program. Authorizes the department of public health and environment (department) to implement an environmental management system permit pilot program (program) to allow participants to meet existing environmental requirements through the use of alternative methods and procedures while ensuring compliance with ambient air or water standards. Grants sole authority to the executive director of the department to promulgate and amend rules, to the extent that such rules are consistent with federal law, in order to specify the procedures and other necessary requirements for issuing, implementing, revoking, and enforcing an environmental management system permit (permit) and to establish alternative methods or procedures for meeting environmental standards. Sets the minimum elements that the department shall include in a permit. Requires the department to set the minimum criteria that an entity must meet, including being an environmental leader in Colorado, in order to be considered for participation in the program.

           Authorizes the department to enforce a permit through entry onto properties covered by a permit and inspection of records. Applies department rules for the enforcement of permits to the program. Requires the department to review the program in consultation with interested parties. Sunsets the program July 1, 2007.

APPROVED by Governor April 19, 2004
EFFECTIVE April 19, 2004

H.B. 04-1182 State board of health - methamphetamine laboratory cleanup standards - property owners - liability. Requires the state board of health to promulgate rules that establish the standards for the cleanup of illegal drug laboratories used to manufacture methamphetamine. Requires the rules to consider the findings of the hazardous materials and waste management division of the department of public health and environment in the July 2003 report titled "Cleanup of Clandestine Methamphetamine Labs Guidance Document" or a successor document outlining best practice standards for cleanup.

           Requires property owners to meet the cleanup standards established by the board or demolish the contaminated property. Makes property owners who have met the cleanup standards established by the board or has demolished the property immune from a suit for health-based civil actions alleged by future property owners, renters, neighbors, or others occupying the property that result from the drug laboratory. Clarifies that the immunity does not apply to persons convicted for the production of methamphetamine.

APPROVED by Governor April 21, 2004
EFFECTIVE April 21, 2004

H.B. 04-1211 Water quality - water and wastewater treatment plant operators - certification - board - composition - terms - continuation under sunset law. Reduces the size of the water and wastewater facility operators certification board (board) from 13 members to 10, 9 of whom have voting privileges, and consolidates the geographic and subject-matter representation of the members.

           Reinstitutes term limits for board members, allowing a maximum of 2 consecutive 4-year terms for any individual member.

           Directs the board to set and coordinate the dates of certification examinations and provide post-exam feedback upon request to all examinees. For duties that the board chooses to delegate to contractors, requires the board to approve, in advance, any further subcontracting of such duties by the prime contractor.

           Extends the automatic termination date for the water and wastewater facility operators certification board until July 1, 2013, pursuant to the provisions of the sunset law.

APPROVED by Governor April 6, 2004
EFFECTIVE July 1, 2004

H.B. 04-1298 Food - manufacturing and storage facilities - fees. Sets fees for owners of large, medium, and small wholesale food manufacturing or storage facilities. Exempts an owner of a wholesale food manufacturing or storage facility whose gross income is less than $15,000 per year, a nonprofit food storage facility, and a grain storage facility from the requirement to pay an annual registration fee. Requires a refund of fees paid by an owner of a grain storage facility. Repeals the fees on July 1, 2007.

APPROVED by Governor April 23, 2004
EFFECTIVE April 23, 2004

H.B. 04-1348 Public utilities - noise standards. Authorizes the public utilities commission to set standards for permissible noise from electric transmission facilities. Instructs the commission to afford the public an opportunity to participate in proceedings that establish such noise standards. Prohibits a municipality or county from imposing more restrictive noise standards on public utilities. Shields from liability for noise the owner or operator of a facility that complies with such standards.

           Applies to noise generated and civil actions that are at issue under Rule 16, C.R.C.P., on or after July 1, 2004.

APPROVED by Governor May 12, 2004
EFFECTIVE July 1, 2004

H.B. 04-1354 State board of health - health care credentials application review committee established - uniform health care professional credentials application - collection of data - rules - repeal of committee. Establishes the health care credentials application review committee (committee) to recommend to the state board of health (state board), and periodically review, a single application form for the collection of health care professionals' core credentials data. Requires the state board to appoint 8 members to the committee as follows:

                    One member representing a statewide association or society of physicians;

                    One member representing a statewide association or society of Colorado hospitals;

                    One member representing a statewide association or society of health plans;

                    One member representing a health care professionals' liability insurance carrier domiciled in Colorado;

                    One member representing a statewide association or society of Colorado health care medical staff service specialists;

                    One advanced practice nurse; and

                    2 members at large.

           Allows each board member to bring consultants and advisors to participate in the board meetings.

           Requires the committee to recommend a single application for the collection of core credentials data to the state board within 120 days after appointment. Requires the committee to meet at least annually. 

           Requires health care entities that collect core credentials data to use the uniform health care professional credentials application established by rule of the state board of health.

           Repeals the committee, effective July 1, 2008, unless it is extended under the sunset law.

           Grants rule-making authority to the state board.

APPROVED by Governor April 14, 2004
EFFECTIVE April 14, 2004

H.B. 04-1428 Recycling - waste tires - moratorium on waste tire landfills. Prohibits a local governing body having jurisdiction from granting a permit for a monofill designated only for tire disposal until July 1, 2014. Requires entities that recycle waste tires to report to the department of public health and environment and the transportation legislation review committee about how many tires are recycled and what methods are used for recycling.

APPROVED by Governor June 4, 2004
EFFECTIVE July 1, 2004

H.B. 04-1435 Air quality - state implementation plan - volatile organic compounds - condensate storage tanks. Requires the air quality control commission (AQCC) to request the governor to submit the plan the AQCC adopted on March 12, 2004, ("Regulation 7") to reduce emissions of pollutants that create ozone pollution to the federal environmental protection agency for approval and incorporation into the state implementation plan. Gives legislative approval to the submission.

           Requires entities that must comply with Regulation 7 by reducing emissions of volatile organic compounds from atmospheric condensate storage tanks to notify the local government of a proposed installation of an emission control unit. Gives the local government 10 business days to object to the installation. If the parties cannot resolve the objection, allows the local government to file a petition with the AQCC. Allows the AQCC to adopt criteria and procedures for such hearings, and requires the AQCC to hold a hearing to determine the matter within 45 days after filing of the petition.

APPROVED by Governor May 20, 2004
EFFECTIVE May 20, 2004


Session Laws of Colorado Digest of Bills General Assembly State of Colorado

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