reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › LAND USE CONTROL AND CONSERVATION (§§ 29-20-101 — 29-21-102) › Article 20 - Local Government Regulation of Land Use (§§ 29-20-101 — 29-20-405) › Part 4 - RENEWABLE ENERGY PROJECTS (§§ 29-20-401 — 29-20-405) › Section 29-20-401 - Short title

The short title of this part 4 is the "Renewable Energy Projects Act".
Added by 2024 Ch. 214,§ 1, eff. 5/21/2024.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › LAND USE CONTROL AND CONSERVATION (§§ 29-20-101 — 29-21-102) › Article 20 - Local Government Regulation of Land Use (§§ 29-20-101 — 29-20-405) › Part 4 - RENEWABLE ENERGY PROJECTS (§§ 29-20-401 — 29-20-405) › Section 29-20-402 - Legislative declaration

(1)
The general assembly finds that:
(a)
New renewable energy projects and development of a skilled renewable energy workforce are needed in order to make progress on the state's greenhouse gas emission reduction goals while also protecting public health, safety, welfare, and the environment, including wildlife resources;
(b)
The protection of healthy, intact ecosystems results in resilient lands and waters that can be utilized as nature-based solutions to mitigate some impacts of climate change;
(c)
Colorado will likely need to triple wind energy capacity and quintuple solar energy capacity by the year 2040 in order to meet the state's greenhouse gas emission reduction goals described in section 25-7-102;
(d)
The development of renewable energy resources and transmission will generate cost savings for electricity consumers, provide economic opportunity and workforce development, provide more stable energy prices by reducing dependence on commodities with variable prices, reduce harmful air pollution, improve public health, increase energy security, and bring economic benefits to landowners and local communities; and
(e)
There may be opportunities to streamline and expedite permitting of renewable energy projects in strategic areas.
Added by 2024 Ch. 214,§ 1, eff. 5/21/2024.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › LAND USE CONTROL AND CONSERVATION (§§ 29-20-101 — 29-21-102) › Article 20 - Local Government Regulation of Land Use (§§ 29-20-101 — 29-20-405) › Part 4 - RENEWABLE ENERGY PROJECTS (§§ 29-20-401 — 29-20-405) › Section 29-20-405 - Consultation with tribal government required - Brunot agreement of 1874

For renewable energy projects for which a local government receives an application for land use approval after June 30, 2024, a local government shall not grant a development permit for the construction of a facility in any area that is included within the Brunot area unless the local government first consults with the tribal governments of the Ute Mountain Ute Tribe and the Southern Ute Indian Tribe concerning the potential impacts to hunting, fishing, and gathering rights related to the construction of the facility.
Added by 2024 Ch. 214,§ 1, eff. 5/21/2024.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › LAND USE CONTROL AND CONSERVATION (§§ 29-20-101 — 29-21-102) › Article 21 - CONSERVATION TRUST FUNDS (§§ 29-21-101 — 29-21-102) › Section 29-21-102 - Certification - monitoring - enforcement - rules

(1)
The treasurer of a municipality or special district, the chief financial officer, or the official custodian of the conservation trust fund of an eligible entity shall annually review and certify to the division that the eligible entity's self-reported conservation trust fund expenditures comply with the requirements of this article and of rules promulgated pursuant to this article.
(2)
The division may require eligible entities to file such annual reports as it deems necessary, and shall review the annual reports submitted pursuant to this article. The review may be conducted by the division's own permanent staff, through a personal services contract, or by delegating responsibility to an independent third party. If the division determines that an eligible entity has violated this article, the division shall take such enforcement measures as it deems necessary to ensure compliance with this article.
(3)
By September 1, 2004, the director of the division shall promulgate rules as necessary to carry out this article, including:
(a)
Procedures necessary to allow the division or its agents to monitor eligible entities' compliance with the requirements of this article and of rules promulgated pursuant to this article, including annual reporting and entry and inspection of records regarding accounting and expenditures of revenues from the conservation trust fund;
(b)
Procedures necessary to allow the division to enforce eligible entities' compliance with this article, including penalties, forfeiture of shares previously distributed, issuance of an order after a hearing held pursuant to section
24-4-105
, C.R.S., to repay to a state or local conservation trust fund specific revenues from a conservation trust fund that were expended for purposes that are not authorized by this article, and, if the eligible entity fails to timely comply with the order, issuance of an order to the treasurer holding moneys of the eligible entity that were generated pursuant to the taxing authority of the eligible entity to prohibit the release of any such moneys until the eligible entity complies with the order, and the ability to treat a noncompliant eligible entity as though it were an ineligible entity; and
(c)
Guidance regarding allowable expenditures of conservation trust fund revenues to facilitate eligible entities' compliance with this article.
(4)
The division shall afford to any eligible entity written notice and an opportunity for a hearing before taking any enforcement action pursuant to this article.
L. 2004: Entire section added, p. 1885, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › HAZARDOUS SUBSTANCE INCIDENTS (§§ 29-22-101 — 29-22-110) › Article 22 - Hazardous Substance Incidents (§§ 29-22-101 — 29-22-110) › Section 29-22-101 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Hazardous substance" means any substance, material, waste, or mixture designated as a hazardous material, waste, or substance according to 49 Code of Federal Regulations Part 172, as amended, or by section
18-13-112 (2)(b)
, C.R.S., or as designated pursuant to the federal "Comprehensive Environmental Response, Compensation, and Liability Act of 1980" (Pub.L. 96-510) as in effect July 1, 1983.
(2)
(a)
"Hazardous substance incident" means any emergency circumstance involving the sudden discharge of a hazardous substance which threatens immediate and irreparable harm to the environment or the health and safety of any individual other than individuals exposed to the risks associated with hazardous substances in the normal course of their employment. "Hazardous substance incident" includes those incidents of spilling, dumping, or abandonment of a hazardous substance, whether or not such spilling, dumping, or abandonment is found to threaten immediate and irreparable harm, but such term does not include any discharge of a hazardous substance authorized pursuant to any federal, state, or local law or regulation. "Hazardous substance incident" includes those incidents which occur during transportation of a hazardous substance, in which a spill does not occur during the incident but is threatened prior to or during the cleanup period.
(b)
As used in this section, "abandonment" means the act of leaving a thing with the intent not to retain possession of or assert ownership or control over it. The intent need not coincide with the act of leaving.
(3)
"Person" means any individual, public or private corporation, partnership, association, firm, trust, or estate, the state or any department, institution, or agency thereof, any municipal corporation, county, city and county, or other political subdivision of the state, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
(4)
"Private property" means any property under the control, management, or operation of any person other than a governmental agency.
L. 83: Entire article R&RE, p. 1216, § 1, effective July 1. L. 92: (2)(a) amended, p. 1338, § 1, effective May 29. L. 93: (2)(a) amended, p. 1739, § 33, effective July 1.
This section is similar to former § 29-22-101 as it existed prior to 1983.
For the legislative declaration contained in the act amending subsection (2)(a) in 1993, see section 41 of chapter 292, Session Laws of Colorado 1993.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › HAZARDOUS SUBSTANCE INCIDENTS (§§ 29-22-101 — 29-22-110) › Article 22 - Hazardous Substance Incidents (§§ 29-22-101 — 29-22-110) › Section 29-22-105 - Additional reimbursement for costs of assistance - subrogation of rights - recovery of reimbursements by attorney general

Whenever any fire department or other public agency provides assistance to a designated emergency response authority, as provided in section
29-22-103
or
29-22-104
, outside of the area of its jurisdiction, whenever assistance to a designated emergency response authority is provided pursuant to a mutual aid agreement, or whenever the department of public health and environment or the county, district, or municipal public health agency provides services such as laboratory analyses, waste removal, transportation, storage, or disposal, the reasonable documented costs of the equipment, supplies, analyses, and personnel provided by such fire department or public agency may be reimbursed, subject to guidelines by the executive director of the department of public safety. Reimbursement shall be for costs not recovered pursuant to section
29-22-104
and shall be out of any moneys made available by legislative appropriation therefor. In the event of such reimbursement, the state of Colorado shall be subrogated to any rights of such fire department or public agency with respect to the amounts so reimbursed. The attorney general shall pursue all available remedies to recover any moneys paid out pursuant to this section from the person responsible for said incident. Any moneys recovered by the attorney general shall be transmitted to the state treasurer. Nothing in this article shall be construed to enlarge or impair any right of recovery or subrogation arising under any other provision of law. The attorney general shall not attempt to recover any moneys from any person responding to a hazardous substance incident pursuant to a mutual aid agreement or to any provision of this article.
L. 83: Entire article R&RE, p. 1219, § 1, effective July 1. L. 91: Entire section amended, p. 721, § 3, effective April 11. L. 2010: Entire section amended, (HB 10-1422), ch. 419, p. 2117, §160, effective August 11.
This section is similar to former § 29-22-105 as it existed prior to 1983.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › HAZARDOUS SUBSTANCE INCIDENTS (§§ 29-22-101 — 29-22-110) › Article 22 - Hazardous Substance Incidents (§§ 29-22-101 — 29-22-110) › Section 29-22-106 - [Repealed]

L. 83: Entire article R&RE, p. 1220, § 1, effective July 1. L. 91: Entire section repealed, p. 720, § 1, effective April 11.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › HAZARDOUS SUBSTANCE INCIDENTS (§§ 29-22-101 — 29-22-110) › Article 22 - Hazardous Substance Incidents (§§ 29-22-101 — 29-22-110) › Section 29-22-106.5 - [Repealed]

L. 99: Entire section added, p. 1106, § 1, effective June 1.
Subsection (7) provided for the repeal of this section, effective July 1, 2005. (See L. 99, p. 1106.)
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › HAZARDOUS SUBSTANCE INCIDENTS (§§ 29-22-101 — 29-22-110) › Article 22 - Hazardous Substance Incidents (§§ 29-22-101 — 29-22-110) › Section 29-22-108 - Criminal penalties

(1)
Any person who intentionally causes or substantially contributes to the occurrence of a hazardous substance incident in violation of the provision of this article commits a class 4 felony and shall be punished as provided in section
18-1.3-401
, C.R.S.
(2)
Any person who willfully, recklessly, or with criminal negligence as defined in section
18-1-501
, C.R.S., causes or substantially contributes to the occurrence of a hazardous substance incident in violation of the provisions of this article commits a class 5 felony and shall be punished as provided in section
18-1.3-401
, C.R.S.
L. 83: Entire article R&RE, p. 1222, § 1, effective July 1. L. 2002: Entire section amended, p. 1542, § 285, effective October 1.
This section is similar to former § 29-22-108 as it existed prior to 1983.
(1) For the penalty for abandonment of a vehicle containing hazardous waste or the intentional spilling of hazardous waste on streets or highways, see § 18-13-112; for the penalty for hazardous waste violations, see § 25-15-310; for the penalty for abandonment of a vehicle containing hazardous materials or the intentional spilling of hazardous materials on streets or highways, see § 42-20-113; for penalties for violations of the "Hazardous Materials Transportation Act of 1987", see §§ 42-20-106, 42-20-109, 42-20-111, 42-20-113, 42-20-204, and 42-20-305. (2) For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › HAZARDOUS SUBSTANCE INCIDENTS (§§ 29-22-101 — 29-22-110) › Article 22 - Hazardous Substance Incidents (§§ 29-22-101 — 29-22-110) › Section 29-22-109 - Persons rendering assistance relating to hazardous substance incidents - legislative declaration - exemption from civil liability

(1)
The general assembly hereby finds and declares that knowledgeable individuals and organizations should be encouraged to lend expert assistance in the event of a hazardous substance incident. The purpose of this section is to so encourage such individuals and organizations to lend assistance by providing them with limited immunity from civil liability.
(2)
As used in this section, "person" means individual, government or governmental subdivision or agency, corporation, partnership, or association or any other legal entity.
(3)
(a)
Notwithstanding any provision of law to the contrary, any person who provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened hazardous substance incident, or in preventing, cleaning up, or disposing of or in attempting to prevent, clean up, or dispose of any such incident, shall not be subject to civil liability for such assistance or advice, except as provided in subsection (4) of this section.
(b)
Notwithstanding any provision of law to the contrary, any person who provides assistance upon request of any emergency response authority, police agency, fire department, rescue or emergency squad, or any governmental agency in the event of an accident or other emergency involving the use, handling, transportation, transmission, or storage of hazardous substance, when the reasonably apparent circumstances require prompt decisions and actions, shall not be liable for any civil damages resulting from any act of commission or omission on his part in the course of his rendering such assistance, except as provided in subsection (4) of this section.
(4)
The exemption from civil liability provided for in this section shall not apply to:
(a)
Any person whose act or omission caused in whole or in part such discharge and who would otherwise be liable therefor;
(b)
Any person, other than the employee of a governmental subdivision or agency, who receives compensation other than reimbursement for out-of-pocket expenses for his assistance or advice;
(c)
Any person's gross negligence or reckless, wanton, or intentional misconduct.
(5)
Nothing in this section shall be construed to abrogate or limit the sovereign immunity granted to public entities pursuant to article
10
of title
24
, C.R.S., the "Colorado Governmental Immunity Act".
L. 83: Entire article R&RE, p. 1222, § 1, effective July 1.
This section is similar to former § 29-22-109 as it existed prior to 1983.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › HAZARDOUS SUBSTANCE INCIDENTS (§§ 29-22-101 — 29-22-110) › Article 22 - Hazardous Substance Incidents (§§ 29-22-101 — 29-22-110) › Section 29-22-110 - Colorado state patrol to provide information

The Colorado state patrol shall compile and maintain information on the emergency response capabilities of public and private agencies throughout the state to enable the state patrol to answer any inquiry concerning the nearest agencies or entities available to contribute equipment and personnel to aid in the emergency response to any hazardous substance incident. The state patrol shall also compile and maintain information regarding which local, state, or federal agencies or entities should be notified of any hazardous substance incident. The state patrol shall establish, maintain, and publicize a telephone service to make such information available to the public twenty-four hours each day and shall notify each emergency response authority designated in or pursuant to section
29-22-102
as responsible for the emergency response to a hazardous substance incident of such service. With respect to the powers and duties specified in this section, the state patrol shall have no rule-making authority and shall avail itself of all available private resources. The state patrol shall coordinate its activities pursuant to this section with the department of public health and environment and the department of local affairs.
L. 99: Entire section added, p. 437, § 6, effective April 30.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › WILDLAND FIRE PLANNING (§§ 29-22.5-101 — 29-22.5-105) › Article 22.5 - WILDLAND FIRE PLANNING (§§ 29-22.5-101 — 29-22.5-105) › Section 29-22.5-101 - Legislative declaration

(1)
The general assembly hereby finds, determines, and declares that:
(a)
Wildland fires, especially fires occurring in wildland-urban interface areas, pose a serious threat to life, property, critical infrastructure, and the environment;
(b)
A systematic, proactive approach to the management of wildland fire incidents, regardless of cause, size, location, or complexity, is needed in order to protect life, property, critical infrastructure, and the environment;
(c)
The national incident management system provides a consistent, nationwide template enabling federal, state, tribal, and local governments, the private sector, and nongovernmental organizations to work together to prepare for, prevent, respond to, recover from, and mitigate the effects of all incidents regardless of type, cause, size, location, or complexity, and should be the foundation for the management of wildland fire incidents;
(d)
The development of a county wildland fire plan, in cooperation among the sheriff, the fire chiefs, and the board of county commissioners of the county and based on the resource capabilities specific to the county, will assist in clarifying the roles and responsibilities of local emergency response agencies, in the management of wildland fire incidents and, for these reasons, the development of such a plan is encouraged;
(e)
Many of the elements of a county wildland fire plan may already exist in community wildfire protection plans, other county fire plans, county all-hazards preparedness plans, or annual operating plans, and these elements should be brought together, in cooperation between the sheriff and the fire chiefs of the county, into a county wildland fire plan; and
(f)
The provisions of this article are intended to clarify and identify specific state and local roles, responsibilities, and authorities for managing prairie, forest, or wildland fire incidents that range from the small scale local to large scale multi-jurisdictional or catastrophic fires in order to protect life, property, critical infrastructure, and the environment.
L. 2009: Entire article added, (SB 09-020), ch. 189, p. 824, §1, effective April 30.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › WILDLAND FIRE PLANNING (§§ 29-22.5-101 — 29-22.5-105) › Article 22.5 - WILDLAND FIRE PLANNING (§§ 29-22.5-101 — 29-22.5-105) › Section 29-22.5-104 - [Effective until 8/7/2024] County wildfire preparedness plan

(1)
The sheriff of each county may develop and update as necessary a wildfire preparedness plan for the unincorporated area of the county in cooperation with any fire district with jurisdiction over such unincorporated area. Any such plan shall:
(a)
Identify all participants in the plan and their wildland fire roles and responsibilities, including their jurisdictional boundaries, their fiscal and operational authority and responsibilities, a general description of their wildland fire response capabilities, and incident command structure;
(b)
Describe available emergency response resources and mutual aid and other agreements related to the plan;
(c)
Describe the procedures for cooperation and coordination between or among federal, state, county, and local emergency response authorities; and
(d)
Specify reimbursement and billing procedures.
(2)
It is recognized that many of the elements described in subsection (1) of this section may already exist in community wildfire protection plans, other county fire plans, county all-hazards preparedness plans, or annual operating plans, and these elements could be integrated, in cooperation among the sheriff, the fire chiefs, and the board of county commissioners of the county, into a county wildland fire plan.
(3)
The plan developed pursuant to subsection (1) of this section shall be agreed to by all participants in the plan to the extent practicable.
(4)
The authorization to develop a wildfire preparedness plan pursuant to subsection (1) of this section shall not be construed to require the sheriff to provide and maintain the capability for the response. The sheriff may provide and maintain response capability as described in the plan directly or through mutual aid or other agreements.
(5)
At the request of the sheriff, the division may assist in the development or updating of the county wildfire preparedness plan pursuant to subsection (1) of this section.
(6)
Nothing in this section shall be construed to affect the provisions of section
30-15-401.7
, C.R.S., or the community wildfire protection plan developed pursuant to such section.
Amended by 2013 Ch. 316, § 95, eff. 8/7/2013.
L. 2009: Entire article added, (SB 09 -020), ch. 189, p. 827, § 1, effective April 30. L. 2013: (5) amended, (HB 13-1300), ch. 316, p. 1694, § 95, effective August 7.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › WILDLAND FIRE PLANNING (§§ 29-22.5-101 — 29-22.5-105) › Article 22.5 - WILDLAND FIRE PLANNING (§§ 29-22.5-101 — 29-22.5-105) › Section 29-22.5-104 - [Effective 8/7/2024] County wildfire preparedness plan

(1)
The sheriff of each county may develop and update as necessary a wildfire preparedness plan for the unincorporated area of the county in cooperation with any fire district or department with jurisdiction over such unincorporated area. Any such plan shall:
(a)
Identify all participants in the plan and their wildland fire roles and responsibilities, including their jurisdictional boundaries, their fiscal and operational authority and responsibilities, a general description of their wildland fire response capabilities, and incident command structure;
(b)
Describe available emergency response resources and mutual aid and other agreements related to the plan;
(c)
Describe the procedures for cooperation and coordination between or among federal, state, county, and local emergency response authorities; and
(d)
Specify reimbursement and billing procedures.
(2)
It is recognized that many of the elements described in subsection (1) of this section may already exist in community wildfire protection plans, other county fire plans, county all-hazards preparedness plans, or annual operating plans, and these elements could be integrated, in cooperation among the sheriff, the fire chiefs, and the board of county commissioners of the county, into a county wildland fire plan.
(3)
The plan developed pursuant to subsection (1) of this section shall be agreed to by all participants in the plan to the extent practicable.
(4)
The authorization to develop a wildfire preparedness plan pursuant to subsection (1) of this section shall not be construed to require the sheriff to provide and maintain the capability for the response. The sheriff may provide and maintain response capability as described in the plan directly or through mutual aid or other agreements.
(5)
At the request of the sheriff, the division may assist in the development or updating of the county wildfire preparedness plan pursuant to subsection (1) of this section.
(6)
Nothing in this section shall be construed to affect the provisions of section
30-15-401.7
, C.R.S., or the community wildfire protection plan developed pursuant to such section.
Amended by 2024 Ch. 48,§ 5, eff. 8/7/2024.
Amended by 2013 Ch. 316, § 95, eff. 8/7/2013.
L. 2009: Entire article added, (SB 09 -020), ch. 189, p. 827, § 1, effective April 30. L. 2013: (5) amended, (HB 13-1300), ch. 316, p. 1694, § 95, effective August 7.
2024 Ch. 48, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › WILDLAND FIRE PLANNING (§§ 29-22.5-101 — 29-22.5-105) › Article 22.5 - WILDLAND FIRE PLANNING (§§ 29-22.5-101 — 29-22.5-105) › Section 29-22.5-105 - Reporting controlled burns - short title - definitions

(1)
The short title of this section is the "Darcy's Last Call Act".
(2)
As used in this section:
(a)
(I)
"Controlled burn" means, for purposes of this section only and as intentionally started on private property that is not classified as agricultural land, as that term is defined in section
39-1-102
(1.6)(a), the following types of burning:
(A)
A burn used as a technique in farming or livestock production or for other purposes to clear the land of existing native vegetation or crop residue or to kill weeds and weed seeds;
(B)
A controlled ditch burn as set forth in section
24-33.5-1202
(3.4); except that "controlled burn" does not mean a burn involving an irrigation ditch;
(C)
Noncommercial burning of trash; and
(D)
Open burning of slash piles, as "open burning" and "slash" are defined in section
30-15-401(1)
(n.5)(V).
(II)
"Controlled burn" does not mean open burning lawfully conducted in the course of agricultural operations as set forth in section
18-13-109(2)(b)(I)
.
(b)
"Fire department" means the duly authorized fire protection organization of a town, city, county, or city and county, a fire protection district, or a metropolitan district or county improvement district that provides fire protection. "Fire department" also includes volunteer fire departments organized under section
24-33.5-1208.5
.
(3)
Before any person conducts a controlled burn, the person must provide notice of the controlled burn in accordance with local rules and regulations or, where no local rules and regulations exist, to the local dispatch center, the county sheriff, and where applicable to the fire department providing services to the area where the private property is located. In the notice required by this subsection (3), the person conducting the controlled burn must provide the date, time, and location where the controlled burn will be conducted, and contact information for the person responsible for the controlled burn. The fire department may determine that fire department personnel must be on standby at the time of the controlled burn for it to be conducted.
(4)
Nothing in this section exempts a person from complying with any other applicable local, state, or federal laws.
Added by 2022 Ch. 344,§1, eff. 8/10/2022.
2022 Ch. 344, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › SPECIAL STATUTORY AUTHORITIES (§§ 29-23-101 — 29-24.5-101) › Article 23 - PUEBLO DEPOT ACTIVITY DEVELOPMENT AUTHORITY (§§ 29-23-101 — 29-23-115) › Section 29-23-101 - Short title

This article shall be known and may be cited as the "Pueblo Depot Activity Development Authority Act".
L. 94: Entire article added, p. 954, § 1, effective April 28.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › SPECIAL STATUTORY AUTHORITIES (§§ 29-23-101 — 29-24.5-101) › Article 23 - PUEBLO DEPOT ACTIVITY DEVELOPMENT AUTHORITY (§§ 29-23-101 — 29-23-115) › Section 29-23-102 - Legislative declaration

(1)
The general assembly hereby finds and declares that:
(a)
Changes in the world's political, social, and economic policies have resulted in changes in the military needs of the United States;
(b)
Congress has ordered that certain military installations be closed or realigned pursuant to the "Defense Authorization and Base Realignment and Closure Act",
26 U.S.C. sec. 2687
, as amended;
(c)
Base closure or realignment has a severe and adverse impact on the economy of the community, region, and state where the installation is located;
(d)
The installations ordered closed or realigned represent an investment of millions of dollars in the land, improvements, and equipment located on the installation by the taxpayers of the community, region, state, and nation; and
(e)
The land, improvements, and equipment represent a potential economic resource to promote new employment opportunities and, thereby, enhance the state and local tax base.
(2)
The general assembly further finds and declares that:
(a)
Congress has ordered the Pueblo depot activity to be realigned, then closed, pursuant to the "Defense Authorization and Base Realignment and Closure Act",
26 U.S.C. sec. 2687
, as amended;
(b)
The Pueblo depot activity encompasses some thirty-four and three-tenths square miles of land in Pueblo county and contains more than one thousand two hundred buildings; and
(c)
The creation of a Pueblo depot activity development authority is necessary to provide a public entity which can secure from the Army of the United States the excess and surplus land, buildings, and equipment; enter into cooperative agreements; and acquire, construct, reconstruct, repair, alter, improve, extend, own, lease, operate, and dispose of properties, in an attempt to promote the development of the Pueblo depot activity for the people of this state.
(3)
The general assembly further finds and declares that the Pueblo depot activity development authority is created for the benefit and advantage of and to promote the health, safety, and welfare of the people of the state of Colorado and that, as such, it is the intent of the general assembly that this article shall be liberally constructed to effect its purpose.
L. 94: Entire article added, p. 954, § 1, effective April 28.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › SPECIAL STATUTORY AUTHORITIES (§§ 29-23-101 — 29-24.5-101) › Article 23 - PUEBLO DEPOT ACTIVITY DEVELOPMENT AUTHORITY (§§ 29-23-101 — 29-23-115) › Section 29-23-103 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Authority" means the Pueblo depot activity development authority created by this article.
(2)
"Board" means the board of directors of the Pueblo depot activity development authority.
(3)
"Bond" means any bond, note, interim certificate, contract, or other evidence of indebtedness of the authority authorized by this article.
(4)
"Revenues" means any fees, rates, charges, assessments, grants, contributions, or other income and revenues received by the authority.
L. 94: Entire article added, p. 955, § 1, effective April 28.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › SPECIAL STATUTORY AUTHORITIES (§§ 29-23-101 — 29-24.5-101) › Article 23 - PUEBLO DEPOT ACTIVITY DEVELOPMENT AUTHORITY (§§ 29-23-101 — 29-23-115) › Section 29-23-104 - Authority - creation

There is hereby created the Pueblo depot activity development authority which shall be a body corporate and politic and a political subdivision of the state. The authority shall not be an agency of state government. The authority shall have perpetual existence and succession.
L. 94: Entire article added, p. 956, § 1, effective April 28.
For the provisions that designate the Pueblo depot activity development authority as a "special purpose authority" for the purposes of section 20 of article X of the Colorado constitution, see § 24-77-102(15).
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › SPECIAL STATUTORY AUTHORITIES (§§ 29-23-101 — 29-24.5-101) › Article 23 - PUEBLO DEPOT ACTIVITY DEVELOPMENT AUTHORITY (§§ 29-23-101 — 29-23-115) › Section 29-23-106 - Board of directors - membership

(1)
The authority shall be governed by a board of directors which shall consist of seven members. Three members shall be appointed by the Pueblo county board of county commissioners, three members shall be appointed by the city council of the city of Pueblo, and one shall be jointly appointed by the Pueblo county board of county commissioners and the Pueblo city council. The members shall serve for terms of four years; except that the members first appointed shall serve terms as follows:
(a)
Of the members appointed by the Pueblo county board of county commissioners, one shall serve a term of one year, one shall serve a term of two years, and one shall serve a term of three years.
(b)
Of the members first appointed by the city council of the city of Pueblo, one shall serve a term of one year, one shall serve a term of two years, and one shall serve a term of three years.
(c)
The member first appointed jointly shall serve a term of four years.
(2)
A member may be reappointed upon expiration of a term. The governing body making the original appointment shall fill any vacancy by appointment for the remainder of the unexpired term.
(3)
The board may establish a citizens' commission whose members reflect the economic, racial, social, ethnic, and governmental diversity of Pueblo county and one or more technical committees. Any commission or committee established by the board shall serve solely in an advisory capacity to the board.
(4)
The board may appoint such additional nonvoting members to the board as it deems necessary. Additional members shall not be included in determining whether a quorum is present.
L. 94: Entire article added, p. 958, § 1, effective April 28.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › SPECIAL STATUTORY AUTHORITIES (§§ 29-23-101 — 29-24.5-101) › Article 23 - PUEBLO DEPOT ACTIVITY DEVELOPMENT AUTHORITY (§§ 29-23-101 — 29-23-115) › Section 29-23-107 - Board of directors - organization

(1)
The member appointed jointly by the Pueblo county board of county commissioners and the city council of the city of Pueblo shall call and convene the initial organizational meeting of the board and shall serve as the initial chair. At such meeting, the board shall adopt, and at any time may amend, bylaws in relation to its meetings and the transaction of its business.
(2)
Four members of the board shall constitute a quorum for the purpose of conducting business and exercising its powers. Action may be taken by the board upon the affirmative vote of a majority of its members present. No vacancy in the membership of the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the board.
(3)
Members of the board shall receive no compensation but shall be reimbursed for reasonable and necessary actual expenses incurred in the performance of their official duties as members of the board.
L. 94: Entire article added, p. 959, § 1, effective April 28.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › SPECIAL STATUTORY AUTHORITIES (§§ 29-23-101 — 29-24.5-101) › Article 23 - PUEBLO DEPOT ACTIVITY DEVELOPMENT AUTHORITY (§§ 29-23-101 — 29-23-115) › Section 29-23-109 - Annual report

The authority shall, in addition to any other required audit or reporting requirements, present an annual written program and financial report to the Pueblo county board of county commissioners and the city council of the city of Pueblo no later than ninety days after the close of the authority's fiscal year.
L. 94: Entire article added, p. 961, § 1, effective April 28.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › SPECIAL STATUTORY AUTHORITIES (§§ 29-23-101 — 29-24.5-101) › Article 23 - PUEBLO DEPOT ACTIVITY DEVELOPMENT AUTHORITY (§§ 29-23-101 — 29-23-115) › Section 29-23-111 - Agreement of the state not to limit or alter rights of obligees

The state hereby pledges and agrees with the holders of any bonds issued under this article and with those parties who enter into contract with the authority that the state will not limit, alter, restrict, or impair the rights vested in the authority or the rights or obligations of any person with which it contracts to fulfill the terms of any agreements made pursuant to this article. The state further agrees that it will not in any way impair the rights or remedies of the holders of any bonds of the authority until such bonds have been paid or until adequate provision for payment has been made. The authority may include this provision and undertaking for the state in such bonds.
L. 94: Entire article added, p. 963, § 1, effective April 28.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › SPECIAL STATUTORY AUTHORITIES (§§ 29-23-101 — 29-24.5-101) › Article 23 - PUEBLO DEPOT ACTIVITY DEVELOPMENT AUTHORITY (§§ 29-23-101 — 29-23-115) › Section 29-23-112 - Investments

The authority may invest or deposit any funds in the manner provided by part 6 of article
75
of title
24
, C.R.S. In addition, the authority may direct a corporate trustee which holds funds of the authority to invest or deposit such funds in investments or deposits other than those specified by such part 6 if the board determines, by resolution, that such investment or deposit meets the standard established in section
15-1-304
, C.R.S., the income is at least comparable to income available on investments or deposits specified by such part 6, and such investment will assist the authority in the financing, construction, maintenance, or operation of the Pueblo depot activity.
L. 94: Entire article added, p. 963, § 1, effective April 28.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › SPECIAL STATUTORY AUTHORITIES (§§ 29-23-101 — 29-24.5-101) › Article 23 - PUEBLO DEPOT ACTIVITY DEVELOPMENT AUTHORITY (§§ 29-23-101 — 29-23-115) › Section 29-23-113 - Bonds eligible for investment

All banks, trust companies, savings and loan associations, insurance companies, executors, administrators, guardian trustees, and other fiduciaries may legally invest any moneys within their control in any bonds issued under this article. Public entities, as defined in section
24-75-601(1)
, C.R.S., may invest public funds in such bonds only if such bonds satisfy the investment requirements established in part 6 of article
75
of title
24
, C.R.S.
L. 94: Entire article added, p. 963, § 1, effective April 28.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › SPECIAL STATUTORY AUTHORITIES (§§ 29-23-101 — 29-24.5-101) › Article 23 - PUEBLO DEPOT ACTIVITY DEVELOPMENT AUTHORITY (§§ 29-23-101 — 29-23-115) › Section 29-23-114 - Exemption from taxation - securities laws

The income or other revenues of the authority, all property interests of the authority, any bonds issued by the authority, and the transfer of and the income from any bonds issued by the authority shall be exempt from all taxation and assessments of the state. Bonds issued by the authority shall be exempt from the provisions of article
51
of title
11
, C.R.S.
L. 94: Entire article added, p. 963, § 1, effective April 28.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › SPECIAL STATUTORY AUTHORITIES (§§ 29-23-101 — 29-24.5-101) › Article 23 - PUEBLO DEPOT ACTIVITY DEVELOPMENT AUTHORITY (§§ 29-23-101 — 29-23-115) › Section 29-23-115 - Limitation of actions

An action or proceeding, at law or in equity, to question the validity or enjoin the performance of any act or proceeding relating to the issuance of any bond of the authority shall be barred unless commenced within thirty days after the performance of the act or the effective date thereof, whichever is later.
L. 94: Entire article added, p. 964, § 1, effective April 28.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › SPECIAL STATUTORY AUTHORITIES (§§ 29-23-101 — 29-24.5-101) › Article 24 - [Repealed] (§ 29-24-101) › Section 29-24-101 - to 29-24-121 - [Repealed]

(1) This article was added in 1994.
(2) Section 29-24-121 provided for the repeal of this article, effective August 1, 2000. (See L. 2000, p. 669.)
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › SPECIAL STATUTORY AUTHORITIES (§§ 29-23-101 — 29-24.5-101) › Article 24.5 - [Repealed] (§ 29-24.5-101) › Section 29-24.5-101 - to 29-24.5-105 - [Repealed]

L. 2014: Entire article repealed, (SB 14-127), ch. 386, p. 1929, § 5, effective June 6.
This article was added in 2012 and was not amended prior to its repeal in 2014. For the text of this article prior to 2014, consult the 2013 Colorado Revised Statutes.
For the legislative declaration in SB 14-127, see section 1 of chapter 386, Session Laws of Colorado 2014.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MARKETING DISTRICTS (§§ 29-25-101 — 29-25-118) › Article 25 - LOCAL MARKETING DISTRICTS (§§ 29-25-101 — 29-25-118) › Section 29-25-101 - Short title

This article shall be known and may be cited as the "Local Marketing District Act".
L. 98: Entire article added, p. 1079, § 1, effective September 1.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MARKETING DISTRICTS (§§ 29-25-101 — 29-25-118) › Article 25 - LOCAL MARKETING DISTRICTS (§§ 29-25-101 — 29-25-118) › Section 29-25-102 - Legislative declaration

(1)
The general assembly declares that the organization of local marketing districts having the purposes and powers provided in this article will serve a public purpose; will promote the health, safety, prosperity, security, and general welfare of the inhabitants thereof, the property owners therein, and all the people of the state; will promote the continued vitality of commercial business areas within local governments; and will be of special benefit to the property within the boundaries of any district created pursuant to this article.
(2)
The general assembly further declares that the creation of local marketing districts pursuant to this article implements section 18 (1)(d) of article XIV of the state constitution and is essential to the continued economic growth of the state.
L. 98: Entire article added, p. 1079, § 1, effective September 1.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MARKETING DISTRICTS (§§ 29-25-101 — 29-25-118) › Article 25 - LOCAL MARKETING DISTRICTS (§§ 29-25-101 — 29-25-118) › Section 29-25-103 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Board" means the board of directors of a local marketing district.
(2)
"Combination" means any two or more local governments.
(3)
"District" means a local marketing district formed under the provisions of this article.
(4)
"Local government" means any county, city and county, or municipality.
(5)
"Operating plan" means the operating plan approved under section
29-25-110
.
(6)
"Publication" has the same meaning as that set forth in section
32-1-103(15)
, C.R.S.
(7)
"Service area" means the area described in the ordinance, resolution, or contract creating a district pursuant to this article. Such area may not include territory outside of the boundaries of the members of the combination, may not include territory within the boundaries of a municipality that is not a member of the combination, as the boundaries of the municipality exist on the date the district is created, without the consent of the governing body of such municipality, and may not include territory within the unincorporated boundaries of a county that is not a member of the combination as the unincorporated boundaries of the county exist on the date the district is created without the consent of the governing body of such county.
(8)
"Services" means the services described in section
29-25-111(1)(e)
.
L. 98: Entire article added, p. 1080, § 1, effective September 1.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MARKETING DISTRICTS (§§ 29-25-101 — 29-25-118) › Article 25 - LOCAL MARKETING DISTRICTS (§§ 29-25-101 — 29-25-118) › Section 29-25-104 - Authority of governing body

The governing body of each local government is hereby vested with jurisdiction to create and establish one or more districts pursuant to the provisions of this article, and such districts shall have all the powers provided in this article that are authorized by the ordinance, resolution, or contract creating the district, or any amendment thereto.
L. 98: Entire article added, p. 1080, § 1, effective September 1.