2023 Colorado Revised Statutes › Title 43 - TRANSPORTATION (§§ 43-1-101 — 43-10-119) › AVIATION SAFETY AND ACCESSIBILITY (§§ 43-10-101 — 43-10-119) › Article 10 - AERONAUTICS DIVISION (§§ 43-10-101 — 43-10-119) › Section 43-10-103 - Division of aeronautics created - duties

(1)
There is hereby created, in the department of transportation, the aeronautics division.
(2)
The division shall provide support for the Colorado aeronautical board in fulfilling its duties. The duties of the division also include, but are not limited to, the following:
(a)
Providing administrative support to the board in the distribution of moneys credited to the aviation fund for aviation purposes;
(b)
Promoting aviation safety;
(c)
(Deleted by amendment, L. 2009, (HB 09-1066), ch. 300, p. 300, § 1, effective August 5, 2009.)
(d)
Providing advisory assistance to airports providing access to the public, including technical and planning assistance;
(e)
Developing and maintaining the state aviation systems plan utilizing regional aviation plans;
(f)
Assisting the FAA and local governments in the identification and control of potentially hazardous obstructions to navigable airspace utilizing the standards described in federal rules and regulations for identifying such hazardous obstructions;
(g)
Administering the state aviation system grant program established by the general assembly pursuant to section
43-10-108.5
;
(h)
Developing annual projections of revenue and expenses for review by the board;
(i)
Collecting and analyzing data relating to the use of aircraft in the state;
(j)
Advising the FAA in regard to federal programs in the state;
(k)
Publishing information relating to aeronautics in the state;
(l)
(Deleted by amendment, L. 2009, (HB 09-1066), ch. 300, p. 300, § 1, effective August 5, 2009.)
(m)
Directing the state treasurer to transfer moneys from the aviation fund created by section
43-10-109
to the aviation account of the transportation infrastructure revolving fund created by section
43-1-113.5
, but only if such transfer is approved by the board. The division may direct the state treasurer to transfer moneys from the aviation account back to the aviation fund in an amount not exceeding the amounts previously transferred from the aviation fund, but only if such transfer is approved by the board and by the transportation commission.
(n)
Working with the department of public health and environment as it continues to provide data and information about the effects of leaded aviation fuel on human health to the department of transportation and airports; and
(o)
Educating airports with significant general aviation activity, as determined by the division, regarding:
(I)
The need to expedite the transition from leaded aviation gasoline to unleaded aviation gasoline; and
(II)
The provisions of this article 10, as amended by House Bill 24-1235, enacted in 2024, that offer funding for projects and unleaded aviation gasoline subsidies, if offered by the division, that support the transition from leaded aviation gasoline to unleaded aviation gasoline and impose requirements for accessing that funding and, if offered, those subsidies.
(3)
The division is authorized to enter into contracts with the FAA for the collection of airport data.
(4)
The authority of the division shall be limited to public airports, commercial service airports, and reliever airports as defined in
49 U.S.C. sec. 47102
.
(5)
Except as otherwise provided in section
43-10-105 (2)
, the division is authorized to assist only those airports that request assistance by means of a resolution passed by the governing board of the airport and forwarded to the division.
(6)
The division is authorized, under the supervision of the board, to contract with a public or private entity for any of the following purposes:
(a)
To provide the division with any work, services, or equipment needed for aviation purposes;
(b)
To carry out the express duties of the division under this section; or
(c)
To otherwise implement the intent of this article.
Amended by 2024 Ch. 190,§ 4, eff. 5/17/2024.
L. 91: Entire article added, p. 1046, § 3, effective July 1; (2)(a) and (2)(g) amended, p. 2393, § 14, effective July 1. L. 91, 1st Ex. Sess.: (2)(a) and (2)(g) amended, p. 2, § 2, effective July 1. L. 96: (5) amended and (6) added, p. 634, § 2, effective May 1. L. 2000: (2)(l) added and (4) amended, pp. 673, 674, §§ 4, 5, effective May 22. L. 2001: (4) amended, p. 1287, § 79, effective June 5. L. 2009: (2)(c), (2)(l), and (4) amended and (2)(m) added, (HB 09 -1066), ch. 82, p. 300, §1, effective August 5.
The amendments to this section made by chapter 1, L. 91, First Extraordinary Session 2, section 2, supersede the amendments made by chapter 330, L. 91, 2393, section 14. Although both acts contained a July 1, 1991, effective date, the Governor did not sign the act enacted at the First Extraordinary Session until July 5. The act contained in chapter 1 from the First Extraordinary Session was subject to an interrogatory submitted to the Supreme Court by the Governor. The court held the act constitutional on its face. (See In re House Bill 91S-1005, 814 P.2d 875 (Colo. 1991).)
For the legislative declaration contained in the 2000 act enacting subsection (2)(l) and amending subsection (4), see section 1 of chapter 166, Session Laws of Colorado 2000.