reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › FAMILY PLANNING (§§ 25-6-101 — 25-6-407) › Article 6 - FAMILY PLANNING (§§ 25-6-101 — 25-6-407) › Part 2 - FAMILY PLANNING AND BIRTH CONTROL (§§ 25-6-201 — 25-6-207) › Section 25-6-201 - This part 2 to be liberally construed

This part 2 shall be liberally construed to protect the rights of all individuals to pursue their religious beliefs, to follow the dictates of their own consciences, to prevent the imposition upon any individual of practices offensive to the individual's moral standards, to respect the right of every individual to self-determination in the procreation of children, and to insure a complete freedom of choice in pursuance of constitutional rights.
L. 65: p. 464, § 1. C.R.S. 1963: § 36-20-7.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › FAMILY PLANNING (§§ 25-6-101 — 25-6-407) › Article 6 - FAMILY PLANNING (§§ 25-6-101 — 25-6-407) › Part 2 - FAMILY PLANNING AND BIRTH CONTROL (§§ 25-6-201 — 25-6-207) › Section 25-6-202 - Services to be offered by the county

The governing body of each county and each city and county or any county or district public health agency thereof or any welfare department thereof may provide and pay for, and each county and each city and county or any public health agency or county or district public health agency thereof or any welfare department thereof may offer, family planning and birth control services to every parent who is a public assistance recipient and to any other parent or married person who might have interest in, and benefit from, such services; except that no county or city and county or public health agency thereof is required by this section to seek out such persons.
L. 65: p. 463, § 1. C.R.S. 1963: § 36-20-1. L. 2010: Entire section amended, (HB 10-1422), ch. 419, p. 2103, §116, effective August 11.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › FAMILY PLANNING (§§ 25-6-101 — 25-6-407) › Article 6 - FAMILY PLANNING (§§ 25-6-101 — 25-6-407) › Part 2 - FAMILY PLANNING AND BIRTH CONTROL (§§ 25-6-201 — 25-6-207) › Section 25-6-203 - Extent of services

Family planning and birth control services shall include: Interview with trained personnel; distribution of literature; referral to a licensed physician, an advanced practice registered nurse, or a certified midwife for consultation, examination, tests, medical treatment, and prescription; and, to the extent so prescribed, the distribution of rhythm charts, drugs, medical preparations, contraceptive devices, and similar products.
Amended by 2023 Ch. 261,§ 60, eff. 5/25/2023.
L. 65: p. 463, § 1. C.R.S. 1963: § 36-20-2. L. 2008: Entire section amended, p. 133, § 20, effective 1/1/2009.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › FAMILY PLANNING (§§ 25-6-101 — 25-6-407) › Article 6 - FAMILY PLANNING (§§ 25-6-101 — 25-6-407) › Part 2 - FAMILY PLANNING AND BIRTH CONTROL (§§ 25-6-201 — 25-6-207) › Section 25-6-204 - Counties may charge for services

The governmental unit making provision for and offering such services may charge those persons to whom family planning and birth control services are rendered a fee sufficient to reimburse the county or city and county all or any portion of the costs of the services rendered.
L. 65: p. 464, § 1. C.R.S. 1963: § 36-20-3.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › FAMILY PLANNING (§§ 25-6-101 — 25-6-407) › Article 6 - FAMILY PLANNING (§§ 25-6-101 — 25-6-407) › Part 2 - FAMILY PLANNING AND BIRTH CONTROL (§§ 25-6-201 — 25-6-207) › Section 25-6-205 - Services may be refused

The refusal of any person to accept family planning and birth control services shall in no way affect the right of such person to receive public assistance or to avail himself of any other public benefit, and every person to whom such services are offered shall be so advised initially both orally and in writing. County and city and county employees engaged in the administration of this part 2 shall recognize that the right to make decisions concerning family planning and birth control is a fundamental personal right of the individual, and nothing in this part 2 shall in any way abridge such individual right, nor shall any individual be required to state his reason for refusing the offer of family planning and birth control services.
L. 65: p. 464, § 1. C.R.S. 1963: § 36-20-4.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › FAMILY PLANNING (§§ 25-6-101 — 25-6-407) › Article 6 - FAMILY PLANNING (§§ 25-6-101 — 25-6-407) › Part 2 - FAMILY PLANNING AND BIRTH CONTROL (§§ 25-6-201 — 25-6-207) › Section 25-6-206 - Interviews conducted in language recipient understands

In all cases where the recipient does not speak or read the English language, the services shall not be given unless the interviews are conducted and all literature is written in a language which the recipient understands.
L. 65: p. 464, § 1. C.R.S. 1963: § 36-20-5.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › FAMILY PLANNING (§§ 25-6-101 — 25-6-407) › Article 6 - FAMILY PLANNING (§§ 25-6-101 — 25-6-407) › Part 2 - FAMILY PLANNING AND BIRTH CONTROL (§§ 25-6-201 — 25-6-207) › Section 25-6-207 - County employee exemption

Any county employee or city and county employee may refuse to accept the duty of offering family planning and birth control services to the extent that such duty is contrary to his personal religious beliefs, and such refusal shall not be grounds for any disciplinary action, for dismissal, for any interdepartmental transfer, for any other discrimination in his employment, for suspension from employment with the county or city and county, or for any loss in pay or other benefits.
L. 65: p. 464, § 1. C.R.S. 1963: § 36-20-6.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › FAMILY PLANNING (§§ 25-6-101 — 25-6-407) › Article 6 - FAMILY PLANNING (§§ 25-6-101 — 25-6-407) › Part 3 - BREAST-FEEDING (§§ 25-6-301 — 25-6-302) › Section 25-6-301 - Legislative declaration

(1)
The general assembly hereby finds and declares that:
(a)
The American academy of pediatrics recommends breast-feeding exclusively for the first six months of an infant's life but continuing with other forms of nutrition for at least the first twelve months of an infant's life and as long thereafter as is mutually desired.
(b)
The American academy of pediatrics has continuously endorsed breast-feeding as the optimal form of nutrition for infants and as a foundation for good feeding practices. Extensive research indicates that there are diverse and compelling advantages to breast-feeding for infants, mothers, families, and society.
(c)
Epidemiologic research shows that breast-feeding of infants provides benefits to their general health, growth, and development and results in significant decreases in risk for numerous acute and chronic diseases.
(d)
Research in developed countries provides strong evidence that breast-feeding decreases the incidence and severity of diarrhea, lower respiratory infection, otitis media, and urinary tract infection.
(e)
Research studies have also shown that human milk and breast-feeding have possible protective effects against the development of a number of chronic diseases, including allergic diseases and some chronic digestive diseases. In addition, human milk and breast-feeding may prevent obesity.
(f)
In addition, breast-feeding has been related to the possible enhancement of cognitive development.
(g)
Breast-feeding has been shown to have numerous health benefits for mothers, including an earlier return to prepregnant weight, delayed resumption of ovulation with increased child spacing, improved bone remineralization postpartum with reduction in hip fractures in the postmenopausal period, and reduced risk of ovarian cancer and premenopausal breast cancer, as well as increased levels of oxytocin, resulting in less postpartum bleeding and more rapid uterine involution.
(h)
In addition to individual health benefits, breast-feeding results in substantial benefits to society, including reduced health-care costs, reduced environmental damage, reduced governmental spending on the women, infants, and children supplementary feeding programs, and reduced employee absenteeism for care attributable to infant illness.
(i)
Breast-feeding is a basic and important act of nurturing that should be encouraged in the interests of maternal and infant health.
(2)
The general assembly further declares that the purpose of this part 3 is for the state of Colorado to become involved in the national movement to recognize the medical importance of breast-feeding, within the scope of complete pediatric care, and to encourage removal of societal boundaries placed on breast-feeding in public.
L. 2004: Entire part added, p. 596, § 1, effective April 23.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › FAMILY PLANNING (§§ 25-6-101 — 25-6-407) › Article 6 - FAMILY PLANNING (§§ 25-6-101 — 25-6-407) › Part 3 - BREAST-FEEDING (§§ 25-6-301 — 25-6-302) › Section 25-6-302 - Breast-feeding

A mother may breast-feed in any place she has a right to be.
L. 2004: Entire part added, p. 597, § 1, effective April 23.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › FAMILY PLANNING (§§ 25-6-101 — 25-6-407) › Article 6 - FAMILY PLANNING (§§ 25-6-101 — 25-6-407) › Part 4 - REPRODUCTIVE HEALTH EQUITY ACT (§§ 25-6-401 — 25-6-404) › Section 25-6-401 - Short title

The short title of this part 4 is the "Reproductive Health Equity Act".
Added by 2022 Ch. 67,§2, eff. 4/4/2022.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › FAMILY PLANNING (§§ 25-6-101 — 25-6-407) › Article 6 - FAMILY PLANNING (§§ 25-6-101 — 25-6-407) › Part 4 - REPRODUCTIVE HEALTH EQUITY ACT (§§ 25-6-401 — 25-6-404) › Section 25-6-402 - Definitions

As used in this part 4, unless the context otherwise requires:
(1)
"Abortion" means any medical procedure, instrument, agent, or drug used to terminate the pregnancy of an individual known or reasonably believed to be pregnant with an intention other than to increase the probability of a live birth.
(2)
"Pregnancy" means the human reproductive process, beginning with the implantation of an embryo.
(3)
"Public entity" has the same meaning as set forth in section
24-10-103(5)
and includes private contract prisons, as defined in section
17-1-102
.
(4)
"Reproductive health care" means health care and other medical services related to the reproductive processes, functions, and systems at all stages of life. It includes, but is not limited to, family planning and contraceptive care; abortion care; prenatal, postnatal, and delivery care; fertility care; sterilization services; and treatments for sexually transmitted infections and reproductive cancers.
Added by 2022 Ch. 67,§2, eff. 4/4/2022.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › FAMILY PLANNING (§§ 25-6-101 — 25-6-407) › Article 6 - FAMILY PLANNING (§§ 25-6-101 — 25-6-407) › Part 4 - REPRODUCTIVE HEALTH EQUITY ACT (§§ 25-6-401 — 25-6-404) › Section 25-6-403 - Fundamental reproductive health-care rights

(1)
Every individual has a fundamental right to make decisions about the individual's reproductive health care, including the fundamental right to use or refuse contraception.
(2)
A pregnant individual has a fundamental right to continue a pregnancy and give birth or to have an abortion and to make decisions about how to exercise that right.
(3)
A fertilized egg, embryo, or fetus does not have independent or derivative rights under the laws of this state.
Added by 2022 Ch. 67,§2, eff. 4/4/2022.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › FAMILY PLANNING (§§ 25-6-101 — 25-6-407) › Article 6 - FAMILY PLANNING (§§ 25-6-101 — 25-6-407) › Part 4 - REPRODUCTIVE HEALTH EQUITY ACT (§§ 25-6-401 — 25-6-404) › Section 25-6-404 - Public entity - prohibited actions

(1)
A public entity shall not:
(a)
Deny, restrict, interfere with, or discriminate against an individual's fundamental right to use or refuse contraception or to continue a pregnancy and give birth or to have an abortion in the regulation or provision of benefits, facilities, services, or information;
(b)
Deprive, through prosecution, punishment, or other means, an individual of the individual's right to act or refrain from acting during the individual's own pregnancy based on the potential, actual, or perceived impact on the pregnancy, the pregnancy's outcomes, or on the pregnant individual's health;
(c)
Restrict any natural or legal person in performing, or prohibit any natural or legal person from providing, reproductive health care through the imposition of licensing, permitting, certification, or similar legislative or regulatory requirements that apply solely to providers of reproductive health care; or
(d)
Prosecute or otherwise criminally sanction any natural or legal person for providing, assisting in the provision of, arranging for, or otherwise assisting a person in accessing reproductive health care performed within the scope of applicable professional licensure and certification requirements.
Amended by 2023 Ch. 68,§ 23, eff. 4/14/2023.
Added by 2022 Ch. 67, § 2, eff. 4/4/2022.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › FAMILY PLANNING (§§ 25-6-101 — 25-6-407) › Article 6 - FAMILY PLANNING (§§ 25-6-101 — 25-6-407) › Section 25-6-405 - Application

(1)
This part 4 applies to all state and local laws, ordinances, policies, procedures, regulatory guidelines and rules, practices, executive orders, and governmental actions and their implementation, whether statutory or otherwise. The rights protected under this part 4 are a matter of statewide concern.
(2)
Nothing in this part 4 may be construed to authorize a public entity to burden an individual's fundamental rights relating to reproductive health care.
Added by 2022 Ch. 67,§2, eff. 4/4/2022.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › FAMILY PLANNING (§§ 25-6-101 — 25-6-407) › Article 6 - FAMILY PLANNING (§§ 25-6-101 — 25-6-407) › Section 25-6-406 - Severability

If any provision of this part 4 or the application thereof to any person or circumstance is held invalid, that invalidity does not affect other provisions or applications of this part 4 that can be given effect without the invalid provision or application, and to this end the provisions of this part 4 are declared to be severable.
Added by 2022 Ch. 67,§2, eff. 4/4/2022.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › FAMILY PLANNING (§§ 25-6-101 — 25-6-407) › Article 6 - FAMILY PLANNING (§§ 25-6-101 — 25-6-407) › Section 25-6-407 - Enforcement

The venue to enforce an action pursuant to the provisions of this part 4 is in the Denver district court.
Added by 2023 Ch. 68,§ 24, eff. 4/14/2023.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 6.5 - ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-6.5-203) › Part 1 - PROVISIONS FOR RULES AND REGULATIONS CONCERNING ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-6.5-102) › Section 25-6.5-101 - Legislative declaration

(1)
The general assembly hereby finds and determines that the protection of the natural environment of this state is important to the public health and welfare of the citizens of Colorado.
(2)
The general assembly further finds and determines that the environmental laws of this state relating to air quality control in article
7
of this title, water quality control in article
8
of this title, hazardous waste in article
15
of this title, and solid waste in article
20
of title
30
, C.R.S., may be highly technical, complex, and subject to varying interpretation.
(3)
The general assembly, therefore, declares that the provisions of this article are enacted to enhance public notice and awareness of rules, regulations, and interpretations of the environmental laws of this state and to ensure public confidence in the fairness of the enforcement of any agency requirements.
L. 94: Entire article added, p. 1363, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 6.5 - ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-6.5-203) › Part 2 - POLLUTION CONTROL EQUIPMENT CERTIFICATION (§§ 25-6.5-201 — 25-6.5-203) › Section 25-6.5-201 - Definitions

As used in this part 2, unless the context otherwise requires:
(1)
"Division" means the division of administration of the department of public health and environment.
(2)
(a)
"Pollution control equipment" means any personal property, including equipment, machinery, devices, systems, buildings, or structures, that is installed, constructed, or used in or as a part of a facility that creates a product in a manner that generates less pollution by the utilization of an alternative manufacturing or generating technology.
(b)
"Pollution control equipment" includes:
(I)
Gas or wind turbines and associated compressors or equipment;
(II)
Solar, thermal, or photovoltaic equipment;
(III)
Equipment used as part of a system that uses geothermal energy for water heating or space heating or cooling in a single building, for space heating for more than one building through a pipeline network, or for electricity generation; or
(IV)
Wastewater thermal energy equipment.
(3)
"Wastewater thermal energy equipment" means equipment used as part of a system that uses thermal energy in wastewater, to heat or cool a space, or for any other useful thermal purpose that reduces greenhouse gas emissions from the combustion of gas in customer end uses.
Amended by 2023 Ch. 165,§ 4, eff. 8/7/2023.
Amended by 2022 Ch. 335, § 3, eff. 8/10/2022.
L. 2000: Entire part added, p. 1466, § 2, effective August 2.
2023 Ch. 165, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2022 Ch. 335, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 6.5 - ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-6.5-203) › Part 2 - POLLUTION CONTROL EQUIPMENT CERTIFICATION (§§ 25-6.5-201 — 25-6.5-203) › Section 25-6.5-202 - Certification of pollution control equipment

(1)
Within twelve months after the date of acquisition of an ownership or lease interest, a person owning or leasing property may file a request for certification of such property as pollution control equipment with the division on forms prescribed by the division.
(2)
At any time after the filing of a request for certification pursuant to subsection (1) of this section and prior to a determination, the division may schedule a conference with the applicant to obtain further information relevant to the determination of eligibility for certification as pollution control equipment.
(3)
Within six months after the filing of a request pursuant to subsection (1) of this section, the division shall determine the eligibility of such property as pollution control equipment and shall certify its determination to the applicant and the executive director of the department of revenue. The division may certify as pollution control equipment all of the property for which a request has been filed pursuant to subsection (1) of this section, specified portions of the property, or none of the property. In making its determination, the division shall consider any available and pertinent information.
(4)
If the division denies a request for certification in whole or in part, the applicant may file with the division a written objection to the determination within thirty days after receipt of written notice of the determination. If a written objection is filed, the division shall grant the applicant a hearing in accordance with section
24-4-105
, C.R.S., within thirty days after receipt of the written objection and shall make a final determination based on the hearing.
(5)
If the final determination of the division denies the request for certification in whole or in part, the final determination shall be subject to judicial review in accordance with the provisions of section
24-4-106
, C.R.S.
(6)
The division may assess against an applicant a fee sufficient to cover the actual and direct cost incurred by the division in making a determination pursuant to this section, including, but not limited to, the actual and direct cost of any hearing or appeal related to the denial of certification if the denial is upheld. Any fee assessed by the division pursuant to this subsection (6) shall be credited to the pollution control equipment certification fund created in section
25-6.5-203
.
L. 2000: Entire part added, p. 1467, § 2, effective August 2.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 6.5 - ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-6.5-203) › Part 2 - POLLUTION CONTROL EQUIPMENT CERTIFICATION (§§ 25-6.5-201 — 25-6.5-203) › Section 25-6.5-203 - Pollution control equipment certification fund - creation - purpose

(1)
There is hereby established in the state treasury the pollution control equipment certification fund, which shall consist of all moneys collected by the division pursuant to section
25-6.5-202
. All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. Any unexpended or unencumbered moneys in the fund at the end of any fiscal year shall remain in the fund and shall not be transferred to the general fund.
(2)
The moneys in the pollution control equipment certification fund shall be subject to annual appropriation by the general assembly to the department of public health and environment to defray the costs incurred by the division in performing its obligations pursuant to section
25-6.5-202
.
L. 2000: Entire part added, p. 1467, § 2, effective August 2.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 6.6 - ENVIRONMENTAL MANAGEMENT SYSTEM PERMIT PROGRAM (§ 25-6.6-101) › Section 25-6.6-101 - to 25-6.6-106 - [Repealed]

(1) This article was added in 2004.
(2) For the amendments to § 25-6.6-106 in HB 18-1239 in effect from April 12, 2018, to July 1, 2018, see chapter 114, Session Laws of Colorado 2018. ( L. 2018, p. 810.)
(3) Section 25-6.6-106 provided for the repeal of this article, effective July 1, 2018. (See L. 2004, p. 479.)
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 6.7 - [Repealed] (§ 25-6.7-101) › Section 25-6.7-101 - to 25-6.7-110 - [Repealed]

(1) This article was added in 1998.
(2) Section 25-6.7-110(2) provided for the repeal of this article, effective December 31, 2003. (See L. 98, p. 877.)
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 1 - AIR QUALITY CONTROL PROGRAM (§§ 25-7-101 — 25-7-147) › Section 25-7-101 - Short title

This article shall be known and may be cited as the "Colorado Air Pollution Prevention and Control Act".
L. 79: Entire article R&RE, p. 1017, § 1. L. 92: Entire section amended, p. 1165, § 3, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 1 - AIR QUALITY CONTROL PROGRAM (§§ 25-7-101 — 25-7-147) › Section 25-7-105.1 - Federal enforceability

(1)
To the extent that any provision of this article or any standard or regulation promulgated pursuant thereto is not required by Part C (prevention of significant deterioration), Part D (nonattainment), or Title V (minimum elements of a permit program) of the federal act, or is not required by section 111 of the federal act, or is not required for sources to participate in the early reduction program of section 112 of the federal act, or is not required for sources to be excluded as a major source under this article, or is otherwise more stringent than other requirements of the federal act, such provision, standard, or regulation is hereby declared to be adopted under powers reserved to the state of Colorado pursuant to section 116 of the federal act. Any such provision, standard, or regulation adopted exclusively under state authority shall not constitute part of the state implementation plan.
(2)
Whenever the division or commission grants relief to an owner or operator of a new or modified stationary source from that part of a state standard or regulation which is not required by Part C (prevention of significant deterioration), Part D (nonattainment), or Title V (minimum elements of a permit program) of the federal act, or is not required by section 111 of the federal act, or is not required for sources to participate in the early reduction program of section 112 of the federal act, or is not required for sources to be excluded as a major source under this article, or which is otherwise more stringent than other requirements of the federal act and is not included as part of the state implementation plan, such relief shall be governed exclusively by the laws of this state and the regulations of the commission.
(3)
To the extent any term or condition contained in any permit issued pursuant to this article is not required by Part C (prevention of significant deterioration), Part D (nonattainment), or Title V (minimum elements of a permit program) of the federal act, or is not required by section 111 of the federal act, or is not required for sources to participate in the early reduction program of section 112 of the federal act, or is not required for sources to be excluded as a major source under this article, or is otherwise more stringent than other requirements of the federal act, such term or condition shall be subject to enforcement exclusively under the laws of this state and the regulations of the commission.
L. 92: Entire section added, p. 1172, § 8, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 1 - AIR QUALITY CONTROL PROGRAM (§§ 25-7-101 — 25-7-147) › Section 25-7-106.1 - [Repealed]

L. 89: Entire section added, p. 1156, § 4, effective May 26. L. 90: (2) amended, p. 1847, § 42, effective May 31. L. 96: Entire section repealed, p. 1258, § 152, effective August 7.
For the legislative declaration contained in the 1996 act repealing this section, see section 1 of chapter 237, Session Laws of Colorado 1996.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 1 - AIR QUALITY CONTROL PROGRAM (§§ 25-7-101 — 25-7-147) › Section 25-7-106.3 - Commission - duties - wood-burning stoves - episodic no-burn days - rules

(1)
The commission shall promulgate, no later than March 1, 1990, such combination of regulations as it may find to be cost-effective and consistent with the legislative declaration set forth in section
25-7-102
in order to establish limitations on the use of wood-burning stoves and fireplaces during those periods of time declared by the Colorado department of health to be a high pollution day. The department may declare a high pollution day based on experienced or anticipated excessive levels of carbon monoxide or particulates when air pollution standards are exceeded for particulates, carbon monoxide, or visibility. The limitations on the use of wood-burning stoves and fireplaces imposed pursuant to this section may include no-burn days, and such no-burn days shall be specific to the separate airsheds within the Denver-Boulder metropolitan area. Such limitations shall be applicable only in those portions of the counties of Adams, Arapahoe, Boulder, Denver, Douglas, and Jefferson which are located in the AIR program area, as such area is defined in section
42-4-304 (20)
, C.R.S. Such regulations shall exclude areas above seven thousand feet unless the commission determines that particulates from wood burning in such areas are contributing to the brown cloud. Such regulations shall not apply to any person who utilizes wood-burning stoves or fireplaces as the primary source of heat in such person's place of residence. Such regulations shall permit exemptions for wood-burning stoves that meet Phase III emissions standards. For the purposes of this section, "Phase III" means wood stove standards adopted by the commission which are more strict than existing wood stove standards. The regulations promulgated pursuant to this subsection (1) shall not be effective until July 1, 1990.
(2)
No regulation promulgated by the commission pursuant to subsection (1) of this section shall apply within any municipality which has in effect on January 1, 1990, an ordinance mandating restricted use of wood-burning stoves and fireplaces during those periods of time declared by the Colorado department of health to be high pollution days.
L. 89: Entire section added, p. 1157, § 4, effective May 26. L. 93: (1) amended, p. 1922, § 2, effective July 1. L. 94: (1) amended, p. 2560, § 63, effective 1/1/1995.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 1 - AIR QUALITY CONTROL PROGRAM (§§ 25-7-101 — 25-7-147) › Section 25-7-106.5 - [Repealed]

L. 89: Entire section added, p. 1158, § 4, effective May 26. L. 96: Entire section repealed, p. 1258, § 152, effective August 7.
For the legislative declaration contained in the 1996 act repealing this section, see section 1 of chapter 237, Session Laws of Colorado 1996.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 1 - AIR QUALITY CONTROL PROGRAM (§§ 25-7-101 — 25-7-147) › Section 25-7-106.7 - Regulations - studies - AIR program area

The authority of the commission to promulgate regulations pursuant to section
25-7-106.3
is limited to the program area, as defined in section
42-4-304 (20)
, C.R.S., and such regulations shall not apply outside the program area.
L. 89: Entire section added, p. 1158, § 4, effective May 26. L. 93: Entire section amended, p. 1923, § 3, effective July 1. L. 94: Entire section amended, p. 2560, § 64, effective 1/1/1995. L. 2001: Entire section amended, p. 1275, § 37, effective June 5.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 1 - AIR QUALITY CONTROL PROGRAM (§§ 25-7-101 — 25-7-147) › Section 25-7-106.8 - [Repealed]

Repealed by 2020 Ch. 56, § 2, eff. 9/14/2020.
L. 92: Entire section added, p. 1173, § 8, effective July 1; (1)(a), (1)(b), and (5) amended, p. 1317, § 2, effective July 1. L. 94: (1)(c) and (2) amended, p. 2780, § 496, effective July 1; (4) amended, p. 2560, § 65, effective 1/1/1995. L. 95: (1)(a) amended, p. 1191, § 1, effective May 31. L. 98: (1)(a) amended, p. 1297, § 1, effective June 1. L. 99: (1)(b), (2), and (3) amended and (6) and (7) added, p. 854, § 1, effective May 24. L. 2000: (1)(a) amended, p. 763, § 3, effective September 1. L. 2002: (1)(b) to (1)(f) and (2) to (7) repealed, p. 1066, § 2, effective August 7. L. 2020: Entire section repealed, (HB 20 -1167), ch. 192, p. 192, § 2, effective September 14.
For the legislative declaration contained in the 1994 act amending subsections (1)(c) and (2), see section 1 of chapter 345, Session Laws of Colorado 1994.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 1 - AIR QUALITY CONTROL PROGRAM (§§ 25-7-101 — 25-7-147) › Section 25-7-106.9 - [Repealed]

L. 89: Entire section added, p. 1163, § 1, effective May 26. L. 92: Entire section amended, pp. 1175, 1315, §§ 9, 1, effective July 1. L. 94: (1)(a) and (1)(e)(I) amended, p. 2781, § 497, effective July 1; (1)(e)(II) amended, p. 2561, § 66, effective 1/1/1995.
Subsection (2) provided for the repeal of this section, effective July 1, 1997. (See L. 92, p. 1315.)
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 1 - AIR QUALITY CONTROL PROGRAM (§§ 25-7-101 — 25-7-147) › Section 25-7-107 - Commission - area classification

(1)
The commission shall, within one hundred eighty days after June 20, 1979, and thereafter from time to time, if evidence indicates a need, review the current classification of any attainment, nonattainment, or unclassifiable area within the state and shall revise the classification of any such area or part thereof which is calculated by air quality modeling or shown by monitored data or other reliable methods to be invalid.
(2)
The commission shall, upon application by the owner or operator of any existing or proposed stationary source, review the designation of any attainment, nonattainment, or unclassifiable area within the state and shall revise the designation of any such area or part thereof which is calculated by air quality modeling or shown by monitored data or other reliable methods to be invalid.
(2.5)
Whenever monitoring data for any pollutant for which an area is designated nonattainment demonstrate that the national ambient air quality standard for that pollutant has been attained in accordance with the criteria required under the federal act, the division and commission shall take expeditious action to redesignate the area as attainment for that pollutant.
(3)
In making any determination regarding the attainment, nonattainment, or unclassifiable designation of any area within the state with regard to particulate matter, the commission shall consider and, if consistent with the requirements of Part D of the federal act, discount the effects of particulate matter not of a size or substance to adversely affect public health or welfare.
(4)
All revisions of designations shall be submitted to the administrator of the United States environmental protection agency.
L. 79: Entire article R&RE, p. 1024, § 1, effective June 20. L. 92: (2.5) added, p. 1177, § 10, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 1 - AIR QUALITY CONTROL PROGRAM (§§ 25-7-101 — 25-7-147) › Section 25-7-108 - Commission to promulgate ambient air quality standards

(1)
In addition to the other powers and duties enumerated in this article, the commission shall have the power to adopt, promulgate, amend, and modify such standards for the quality of ambient air as may be appropriate or necessary to carry out the purposes of this article, including, but not limited to:
(a)
Standards which describe the maximum concentrations of specifically described pollutants that can be tolerated, consistent with the protection of the good health of the public at large; such standards may differ for different parts of the state as may be necessitated by variations in altitude, topography, climate, or meteorology;
(b)
Standards which describe the air quality goals that are to be achieved by control programs within specified periods of time; such standards may be either statewide or restricted to specified control areas; and
(c)
Standards which describe varying degrees of pollution of ambient air.
(2)
Ambient air standards shall include such requirements for test methods and procedures as will assure that the samples of ambient air tested are representative of the ambient air.
(3)
Notwithstanding any provision of this article to the contrary, no provision of this article shall preclude the commission from adopting ambient air quality standards which are more stringent than the national ambient air quality standards.
(4)
Ambient standards may only be implemented and enforced through permit terms and conditions or regulations promulgated to meet requirements for state implementation plans.
L. 79: Entire article R&RE, p. 1024, § 1, effective June 20. L. 92: (4) added, p. 1177, § 11, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 1 - AIR QUALITY CONTROL PROGRAM (§§ 25-7-101 — 25-7-147) › Section 25-7-109.1 - Emergency rule-making

In addition to all other powers of the commission, the commission, pursuant to section
24-4-103(6)
, C.R.S., shall have the authority to conduct emergency rule-making for the purpose of adopting an interim emission control regulation to apply for a specified period of time in place of an existing emission control regulation or to create an emission control regulation whenever federal regulations have been adopted and become effective pursuant to section 111 of the federal act and which add to the list of categories of stationary sources, or add new or more restrictive standards of performance for new sources, or whenever federal regulations are adopted and effective pursuant to section 112 of the federal act and which modify or adopt MACT or GACT for new or existing sources, and such regulations are required to be implemented by the states. Interim emission control regulations adopted pursuant to this section shall not be effective for a period greater than twelve months from the date of adoption.
L. 92: Entire section added, p. 1178, § 13, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 1 - AIR QUALITY CONTROL PROGRAM (§§ 25-7-101 — 25-7-147) › Section 25-7-109.4 - [Repealed]

L. 92: Entire section added, p. 1191, § 13, effective July 1. L. 98: (10)(a) amended, p. 169, § 1, effective April 6.
Subsection (10)(a) provided for the repeal of this section, effective July 1, 2008. (See L. 98, p. 169.)
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 1 - AIR QUALITY CONTROL PROGRAM (§§ 25-7-101 — 25-7-147) › Section 25-7-110 - Commission - procedures to be followed in setting standards and regulations

(1)
Prior to adopting, promulgating, amending, or modifying any ambient air quality standard authorized in section
25-7-108
, or any emission control regulation authorized in section
25-7-109
, or any other regulatory plans or programs authorized by sections
25-7-105(1)(c)
or
25-7-106
, the commission shall conduct a public hearing thereon as provided in section
24-4-103
, C.R.S. Notice of any such hearing shall conform to the requirements of section
24-4-103
, C.R.S., but such notice shall be given at least sixty days prior to the hearing, and shall include each proposed regulation, and shall be mailed to all persons who have filed with the commission a written request to receive such notices.
(2)
Any person desiring to propose a regulation differing from the regulation proposed by the commission or to propose a revision of limited applicability, pursuant to section
25-7-117
, to the commission's proposal shall file such other proposal with the commission not less than twenty days prior to the hearing, and, when on file, such proposal shall be open for public inspection.
(3)
Witnesses at the hearing shall be subject to cross-examination by or on behalf of the commission and by or on behalf of persons who have proposed regulations pursuant to subsection (2) of this section.
(4)
Rules and regulations promulgated pursuant to this article shall not take effect until after they have been published in accordance with section
24-4-103
, C.R.S., or on such later date as is stated in such rules and regulations.
L. 79: Entire article R&RE, p. 1027, § 1, effective June 20.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 1 - AIR QUALITY CONTROL PROGRAM (§§ 25-7-101 — 25-7-147) › Section 25-7-113 - Air pollution emergencies endangering public welfare anywhere in this state

(1)
Whenever the division determines, after investigation, that any person is either engaging in any activity involving a significant risk of air pollution or is discharging or causing to be discharged into the atmosphere, directly or indirectly, any air pollutants and such activity or discharge does not constitute a clear, present, and immediate danger to the health of the public, but is of such a nature as to cause extreme discomfort or that it is an immediate danger to the welfare of the public because such pollutants make habitation of residences or the conduct of businesses subjected to the pollutants extremely unhealthy or disruptive, the division shall:
(a)
Issue a written cease-and-desist order to said person requiring immediate discontinuance of such activity or the discharge of such pollutant into the atmosphere, and, upon receipt of such order, such person shall immediately discontinue such activity or discharge; or
(b)
Apply to any district court of this state for the district in which the said activity or discharge is occurring for a temporary restraining order, temporary injunction, or permanent injunction as provided for in the Colorado rules of civil procedure. Any such action in a district court shall be given precedence over all other matters pending in such district court. The institution of such injunction proceedings by the division shall confer upon said district court exclusive jurisdiction to determine finally the subject matter of the proceeding; or
(c)
Both issue such a cease-and-desist order and apply for any such restraining order or injunction.
L. 79: Entire article R&RE, p. 1030, § 1, effective June 20.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 1 - AIR QUALITY CONTROL PROGRAM (§§ 25-7-101 — 25-7-147) › Section 25-7-114.2 - Construction permits

No person shall construct or substantially alter any building, facility, structure, or installation, except single-family residential structures, or install any machine, equipment, or other device, or commence the conduct of any such activity, or commence performance of any combinations thereof, or commence operations of any of the same which will or do constitute a new stationary source or a new indirect air pollution source without first obtaining or having a valid construction permit therefor from the division or commission, as the case may be; except that no construction permit shall be required for new indirect air pollution sources until regulations regarding construction permits for such sources have been promulgated by the commission, but in no event shall regulations governing indirect air pollution sources be more stringent than those required for compliance with the federal act and final rules and regulations adopted pursuant thereto. Any emission permit validly issued prior to July 1, 1992, pursuant to section
25-7-114
, as said section existed prior to July 1, 1992, and in effect on or after July 1, 1992, shall be deemed to be a valid construction permit issued pursuant to this section. The commission shall designate by regulation those classes of minor or insignificant sources of air pollution which are exempt from the requirement for a permit because of their negligible impact on air quality.
L. 92: Entire section added, p. 1202, § 18, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 1 - AIR QUALITY CONTROL PROGRAM (§§ 25-7-101 — 25-7-147) › Section 25-7-114.6 - Emission notice - fees

(1)
The commission shall designate by regulations those classes of minor or insignificant sources of air pollution which are exempt from the requirement for an emission notice or the payment of an emission notice filing fee because of their negligible impact upon air quality.
(2)
An air pollution emission notice shall be deemed to run with the land. The moneys collected pursuant to this section and sections
25-7-403
and
25-7-510
shall be remitted to the state treasurer, who shall credit the same to the stationary sources control fund created in section
25-7-114.7
and subject to the provisions of said section.
(3)
The general assembly shall direct the commission to adjust any fees imposed by this section so that the revenues approximate the annual appropriations to the division to carry out its duties under this subsection (3) with respect to stationary sources.
L. 92: Entire section added, p. 1214, § 18, effective July 1. L. 93: (1) amended, p. 941, § 2, effective May 28. L. 94: (2) amended, p. 1640, § 60, effective May 31.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 1 - AIR QUALITY CONTROL PROGRAM (§§ 25-7-101 — 25-7-147) › Section 25-7-114.8 - [Repealed]

L. 92: Entire section added, p. 1217, § 18, effective July 1. L. 2003: Entire section repealed, p. 843, § 2, effective April 7.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 1 - AIR QUALITY CONTROL PROGRAM (§§ 25-7-101 — 25-7-147) › Section 25-7-116 - [Repealed]

Entire article R&RE, L.79, p. 1039, § 1, effective June 20. L. 84: Entire section repealed, p. 768, § 1, effective July 1.