reglab/statecodes huggingface dataset:
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 9 - CLEAN AIR TRANSIT OPTIONS (§§ 25-7-901 — 25-7-903) › Section 25-7-902 - Definitions

As used in this part 9, unless the context otherwise requires:
(1)
"State agency" means any department, board, bureau, commission, institution, or other agency of the state, including institutions of higher education.
(2)
"State employees" means the employees of any state agency.
Amended by 2018 Ch. 274,§ 62, eff. 5/29/2018.
L. 96: Entire part added, p. 853, §1, effective May 23. L. 2018: IP added, (HB 18-1375), ch. 274, p. 1714, § 62, effective May 29.
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 9 - CLEAN AIR TRANSIT OPTIONS (§§ 25-7-901 — 25-7-903) › Section 25-7-903 - Clean air transit options for state employees

Any state agency may provide clean air transit options to state employees of that agency, including, but not limited to, the use of available mass transit. The financing of any transit option offered by a state agency to state employees shall be from existing appropriations to that state agency. A transit option shall be considered a perquisite that is subject to the state controller's fiscal rules controlling perquisites under section
24-30-202(22)
, C.R.S.
L. 96: Entire part added, p. 853, § 1, effective May 23.
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 10 - AIR QUALITY RELATED VALUES - CLASS I FEDERAL AREAS (§§ 25-7-1001 — 25-7-1008) › Section 25-7-1001 - Legislative declaration

In order to establish a fair, practical, and cost-effective process for evaluating and, where appropriate, responding to assertions that air quality related values within Colorado's class I federal areas are being significantly and adversely affected by air pollution, such as air pollution that is causing biological harm, the general assembly hereby institutes the procedures set forth in this part 10.
L. 96: Entire part added, p. 1443, § 1, effective June 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 10 - AIR QUALITY RELATED VALUES - CLASS I FEDERAL AREAS (§§ 25-7-1001 — 25-7-1008) › Section 25-7-1002 - Air quality related values program

(1)
In addition to maintaining a program that complies with the requirements of the federal act for prevention and remediation of significant deterioration of visibility in class I federal areas, the commission, in consultation with the general assembly, the governor, and affected federal, state, and local governmental entities, shall maintain a state-retained authority program in conformance with section
25-7-105.1
for nonvisibility air quality related values, referred to in this part 10 as the "program".
(2)
The commission shall develop a program under which, except for grant funds secured from other sources, the federal government undertakes the responsibility for the funding of air quality related value baseline data collection and the verification studies needed to substantiate an assertion of significant impairment, and the commission is encouraged to conduct the activities specified in this part 10 in coordination with interested state and local governmental entities and affected citizens and businesses.
L. 96: Entire part added, p. 1443, § 1, effective June 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 10 - AIR QUALITY RELATED VALUES - CLASS I FEDERAL AREAS (§§ 25-7-1001 — 25-7-1008) › Section 25-7-1003 - Definitions

As used in this part 10:
(1)
"Air quality related value (AQRV)" means a feature or property of a class I federal area other than visibility that the state of Colorado finds may be affected by air pollution. General categories of air quality related values include odor, flora, fauna, soil, water, geologic features, and cultural resources.
(2)
"Air quality related value baseline data" means research data based on site-specific measurements and samplings of air quality related values within a class I federal area needed to substantiate a determination of whether or not a particular observation is within the range of naturally occurring changes or fluctuations.
(3)
"Best available retrofit technology" means a control strategy for addressing emissions of a stationary source developed on a case-by-case basis after taking into consideration the costs of compliance, the energy and nonair quality environmental impacts of compliance, any existing pollution control technology in use at the source, the remaining useful life of the source, and the degree of improvement in the air quality related value that may reasonably be anticipated to result from the use of such technology.
(4)
"Peer review" means a review of scientific or technical information by a balanced objective panel of experienced scientists qualified to review the subject matter involved in verifying the existence of or attributing the cause of an AQRV impairment.
(5)
"Reasonably available control measure" means a control strategy for addressing emissions of a nonstationary source developed on a case-by-case basis after taking into consideration the options available to achieve emission reductions that a particular source or source category is capable of meeting as appropriate to an air quality related value if such steps may be feasibly and practicably taken considering technical and economic constraints.
(6)
"Significant impairment of an air quality related value" means a measurable change in an air quality related value that is outside the probability of natural variability, that is caused by human activities, and that is causing a significant adverse effect to flora, fauna, soil, geologic features, cultural resources, or a beneficial use of water recognized under Colorado law.
L. 96: Entire part added, p. 1444, § 1, effective June 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 10 - AIR QUALITY RELATED VALUES - CLASS I FEDERAL AREAS (§§ 25-7-1001 — 25-7-1008) › Section 25-7-1004 - Administration of program by division

(1)
In administering the program, the division shall:
(a)
Conduct or oversee program activities and scientific studies and determine an appropriate scope, sequence, and timetable for such studies and activities;
(b)
Subject assertions by a federal land manager of air quality related value impairment in a class I federal area and studies concerning source attribution and source apportionment to peer review;
(c)
Utilize the study design and data collection and analytical techniques set forth in section
25-7-211
that are relevant and appropriate to the activity or study;
(d)
Assure that studies proceed as expeditiously as sound science will allow in order to minimize any delay in the process.
(2)
As necessary or appropriate, the division may:
(a)
Enter into memoranda of understanding for participation in the studies and activities required by this part 10;
(b)
Create cooperative public-private partnerships with various entities; and
(c)
Perform any other appropriate activity to carry out the intent of the program.
(3)
The division shall not be required to pay the cost of any studies that are discretionary as set forth in this part 10 other than as set forth in this section. If the division determines that an air quality related value of a class I federal area has the potential to be significantly threatened by air pollution, or is being impacted by air pollution, then the division shall apply for grants or act as a catalyst to secure financial support from available funding sources in federal, state, or local governments and private entities, to identify the threat by funding the necessary air quality related value baseline data collection, or to assist in remedying the threat by funding necessary attribution or apportionment studies. The division is also authorized to act as a catalyst to secure financial support from other sources for such studies. The results of such studies and data collection shall be made available to the appropriate federal land manager and interested members of the public to assist in the management of these scenic resources and to cooperate in any needed air quality related values assessments.
L. 96: Entire part added, p. 1445, § 1, effective June 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 10 - AIR QUALITY RELATED VALUES - CLASS I FEDERAL AREAS (§§ 25-7-1001 — 25-7-1008) › Section 25-7-1007 - Commission to consider control strategies in rule-making proceeding

(1)
Upon receipt of a report under section
25-7-1006(6)(b)
from the division, and after the division has made the report available to all significant source or source categories identified pursuant to section
25-7-1006
, the commission shall give notice that it is to conduct a rule-making hearing concerning the implementation of control strategies recommended in the report.
(2)
In addition to other applicable rule-making provisions, the rule-making hearing shall be conducted:
(a)
In reasonable proximity to the affected class I federal area;
(b)
To allow sufficient time for comment and testimony by all interested persons; and
(c)
To allow reasonable discovery pursuant to section
24-4-103(13) and (14)
, C.R.S.
(3)
(a)
The commission shall order by rule implementation within a reasonable time of a practical and cost-effective control strategy or strategies that will provide reasonable progress toward remedying the impairment, if the commission finds that:
(I)
The evidence in the record shows the existence of a significant impairment of an air quality related value in a class I federal area;
(II)
An identifiable source or source category is responsible for significantly causing or contributing to the impairment;
(III)
The best available retrofit technology exists for any such stationary source;
(IV)
Reasonably available control measures exist for any such other sources or source categories;
(V)
Implementation of the control strategies would make significant improvement in the impairment;
(VI)
Taking into account that the ability to attribute the cause of air pollution effects and to apportion the air pollution effects among sources and source categories identified by attribution studies is an area of evolving science, a correlation of the extent of improvement in air quality related value impairment can reasonably be expected to result from imposition of a control strategy or strategies for each significant source or source category identified by the division.
(b)
Within fourteen days after having received the division's report under section
25-7-1006(6)(b)
, a source or source category may petition the commission, as part of its rule-making hearing conducted pursuant to this subsection (3), to make a determination that the benefits of phasing, segmenting, or excusing the control strategy or strategies outweigh the benefits of imposing the control strategy or strategies. In making such determination, the commission shall consider all economic and related costs associated with the implementation of the control strategy or strategies involving the source or source category. The burden of proof shall be on the petitioner.
L. 96: Entire part added, p. 1448, § 1, effective June 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 11 - LEAD-BASED PAINT ABATEMENT (§§ 25-7-1101 — 25-7-1107) › Section 25-7-1101 - Legislative declaration

(1)
The general assembly hereby declares that:
(a)
Exposure of children to lead represents a significant environmental health problem that is preventable;
(b)
According to the federal "Residential Lead-based Paint Hazard Reduction Act of 1992",
15 U.S.C. secs. 2682
and
2684
, et seq., as amended, home buyers and renters must be properly informed of the risks of lead exposure to children, especially children under seven years of age;
(c)
Trained and qualified individuals are needed in order to advise consumers about lead hazards in general and about specific measures that may be needed to control such hazards; and
(d)
The state seeks to adopt the concept of "lead-safe" housing units and child-occupied facilities, rather than "lead-free" housing and facilities. The goal of the state should not be the removal of all lead-based paint, but the creation of housing and facilities where no significant lead-based paint hazard is present. This goal includes the removal, enclosure, or encapsulation of lead-based paint to remove lead hazards from target housing and child-occupied facilities.
(2)
The general assembly declares that the enforcement of the lead-based paint abatement standards may be delegated to local health and building departments in Colorado.
(3)
Therefore, the general assembly determines and declares that the enactment of this part 11 is a matter of statewide concern to achieve uniformity in the regulation of lead abatement practices and uniformity in the qualifications for and certification of persons who perform such abatement.
L. 97: Entire part added, p. 1086, § 2, 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 11 - LEAD-BASED PAINT ABATEMENT (§§ 25-7-1101 — 25-7-1107) › Section 25-7-1102 - Definitions

As used in this part 11, unless the context otherwise requires:
(1)
"Abatement" means any measure or set of measures that will contain or permanently eliminate lead-based paint hazards, including:
(a)
The removal of lead-based paint and lead-contaminated dust;
(b)
The permanent containment of lead-based paint;
(c)
The encapsulation of lead-based paint;
(d)
The replacement or enclosure of lead-painted surfaces or fixtures;
(e)
The removal or covering of lead-contaminated soil; and
(f)
All preparation, cleanup, disposal, monitoring, and clearance testing activities associated with the measures described in this subsection (1).
(2)
(a)
"Child-occupied facility" means a building or portion of a building that:
(I)
Was constructed prior to 1978;
(II)
Is visited regularly by the same child who is under seven years of age;
(III)
Is visited by such child on two or more days within any week, consisting of the period from Sunday through the following Saturday, with each such visit totaling three or more hours; and
(IV)
Is visited by such child a total of at least sixty hours in one year.
(b)
"Child-occupied facility" includes, but is not limited to, any day-care center, preschool, or kindergarten classroom constructed prior to 1978.
(3)
"Commission" means the air quality control commission created by section
25-7-104
.
(4)
"Division" means the air pollution control division in the department of public health and environment.
(5)
"Lead-based paint" means any paint containing more than six one-hundredths of one per cent by wet weight of lead metal, more than five-tenths of one percent by dry weight of lead metal, or more than one milligram per square centimeter of lead metal.
(6)
"Lead-based paint hazard" means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, or lead-based paint.
(7)
"Target housing" means housing constructed prior to 1978 other than any zero-bedroom dwelling or any housing for the elderly or a person with a disability; except that "target housing" includes housing for the elderly or a person with a disability if a child under seven years of age resides or is expected to reside in the housing.
Amended by 2023 Ch. 49, § 1, eff. 3/31/2023.
L. 97: Entire part added, p. 1086, § 2, 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 11 - LEAD-BASED PAINT ABATEMENT (§§ 25-7-1101 — 25-7-1107) › Section 25-7-1103 - Powers and duties of air quality control commission - rules

(1)
The commission shall promulgate rules pursuant to section
24-4-103
, C.R.S., as necessary to implement this part 11 under the requirements of the federal "Residential Lead-Based Paint Hazard Reduction Act of 1992",
15 U.S.C. secs. 2682
,
2684
, and
2686
, as amended, including the following:
(a)
Procedures for a training and certification program for persons and companies involved in inspection, risk assessment, planning, project design, supervision, or conduct of the abatement of surfaces containing lead-based paint, as such actions are defined in the federal "Residential Lead-based Paint Hazard Reduction Act of 1992", in target housing or child-occupied facilities;
(b)
Performance standards and practices for lead abatement;
(c)
Procedures for the approval of persons or companies who provide training or accreditation for workers, supervisors, inspectors, risk assessors, or project designers performing lead-based paint activities in target housing or child-occupied facilities;
(d)
Procedures for notification to appropriate persons regarding lead-based paint projects in target housing or child-occupied facilities;
(e)
Establishment of fees for certification of persons under paragraph (a) of this subsection (1), for any necessary monitoring of such persons to ensure compliance with this part 11, and for approval of persons or companies involved in the training or accreditation under paragraph (c) of this subsection (1); and
(f)
(I)
Requirements for each person who performs for compensation a renovation of target housing to provide a lead hazard information pamphlet to the owner and occupant of such housing prior to commencing the renovation.
(II)
If the federal funding necessary to comply with this paragraph (f) is revoked, the division shall not be required to comply with this paragraph (f) until such funding is restored.
(2)
(a)
The requirements for the training and certification program established by the commission under paragraph (a) of subsection (1) of this section shall not be more stringent than:
(I)
The training and certification requirements established by the federal "Residential Lead-based Paint Hazard Reduction Act of 1992" or federal rules promulgated pursuant to such act; or
(II)
The training and certification requirements of any program that has been established under the federal "Residential Lead-based Paint Hazard Reduction Act of 1992" and that has been approved by the federal environmental protection agency.
(b)
The commission shall consider prior experience in abatement of lead-based paint hazards when establishing training and certification requirements.
(3)
The provisions of this part 11 apply only to lead-based paint hazards.
L. 97: Entire part added, p. 1088, § 2, effective July 1. L. 2006: IP(1) amended and (1)(f) added, p. 131, § 1, effective August 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 11 - LEAD-BASED PAINT ABATEMENT (§§ 25-7-1101 — 25-7-1107) › Section 25-7-1104 - Duties of air pollution control division - certification of trained individuals

(1)
Pursuant to the federal "Residential Lead-based Paint Hazard Reduction Act of 1992",
15 U.S.C. secs. 2682
and
2684
, et seq., as amended, the division shall implement, coordinate, and oversee the implementation of the rules promulgated by the commission, including, but not limited to:
(a)
Certifying any person or company involved in inspection, risk assessment, planning, project design, supervision, or conduct of the abatement of surfaces containing lead-based paint, as such actions are defined in the federal "Residential Lead-based Paint Hazard Reduction Act of 1992", in target housing or child-occupied facilities; and
(b)
Taking actions necessary to enforce such rules of the commission.
(2)
Other than training and certification requirements, which are deemed to be matters of statewide concern, the division may delegate the implementation or enforcement of standards under this part 11 to local health or building departments, as appropriate, if requested by such a local department. The air quality control commission shall establish standards regarding such delegations to local health and building departments.
L. 97: Entire part added, p. 1089, § 2, 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 11 - LEAD-BASED PAINT ABATEMENT (§§ 25-7-1101 — 25-7-1107) › Section 25-7-1105 - Fees

(1)
(a)
The commission shall promulgate rules to establish the fees required under this part 11.
(b)
The commission shall adjust the fees so that the revenue generated from such fees is sufficient to cover the direct and indirect costs to implement the lead hazard reduction program under this part 11 and part 11 of article
5
of this title.
(2)
All fees collected by the division or its designee pursuant to this part 11 shall be transmitted to the state treasurer, who shall credit the same to the lead hazard reduction cash fund established pursuant to section
25-5-1106
. The general assembly shall appropriate from such fund to the department of public health and environment sufficient moneys to implement the provisions of this part 11 and part 11 of article
5
of this title.
L. 97: Entire part added, p. 1089, § 2, 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 11 - LEAD-BASED PAINT ABATEMENT (§§ 25-7-1101 — 25-7-1107) › Section 25-7-1106 - Enforcement

Whenever the division or its designee has reason to believe that any person has violated any of the provisions of this part 11 or the rules promulgated thereunder, the division or its designee may commence an enforcement action pursuant to section
25-7-115
.
L. 97: Entire part added, p. 1089, § 2, 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 11 - LEAD-BASED PAINT ABATEMENT (§§ 25-7-1101 — 25-7-1107) › Section 25-7-1107 - Applicability of article - child-occupied facilities and target housing

Nothing in this article shall be interpreted to affect any facility or location other than a child-occupied facility or target housing.
L. 97: Entire part added, p. 1089, § 2, 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 12 - VOLUNTARY EMISSION LIMITATIONS (§§ 25-7-1201 — 25-7-1208) › Section 25-7-1201 - Legislative declaration

The general assembly hereby finds, determines, and declares that voluntary emission limitations are an effective and efficient way to reduce emissions of air pollutants. However, the uncertainty of future control requirements impedes an owner or operator of a stationary source or group of stationary sources from making the investments necessary to voluntarily reduce emissions. The department of public health and environment should encourage all owners and operators of stationary sources or groups of stationary sources to voluntarily reduce emissions by providing, to the extent possible, certainty with respect to future control requirements.
L. 98: Entire part added, p. 1044, § 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 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 12 - VOLUNTARY EMISSION LIMITATIONS (§§ 25-7-1201 — 25-7-1208) › Section 25-7-1202 - Definitions

The definitions contained in section
25-7-103
shall apply to this part 12. In addition, the following definitions shall apply to this part 12:
(1)
"Actual emissions" means the average amount of emissions, calculated in tons per year, that the stationary source or group of stationary sources emitted during the three-year period immediately prior to the date the proposed voluntary agreement was submitted to the division for review so long as the three-year time period is representative of normal unit operation. A different time period may be used to calculate actual emissions if such time period is more representative of normal unit operation than the three-year period immediately prior to the date the proposed voluntary agreement was submitted to the division.
(2)
"Actual emission rate" means the average rate of emissions, calculated in pounds per million BTU or a comparable measure of the mass of emissions per unit of production, that the stationary source or group of stationary sources emitted during the three-year period immediately prior to the date the proposed voluntary agreement was submitted to the division for review so long as the three-year time period is representative of normal unit operation. A different time period may be used to calculate the actual emission rate if such time period is more representative of normal unit operation than the three-year period immediately prior to the date the proposed voluntary agreement was submitted to the division.
L. 98: Entire part added, p. 1044, § 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 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 12 - VOLUNTARY EMISSION LIMITATIONS (§§ 25-7-1201 — 25-7-1208) › Section 25-7-1204 - Regulatory assurances

(1)
Except as provided in this section and in section
25-7-1205
, the owner or operator of a stationary source or group of stationary sources who enters into a voluntary agreement pursuant to section
25-7-1203
shall be granted the regulatory assurances provided in this section. For the assurance period set forth in the voluntary agreement, not to exceed fifteen years, a stationary source or group of stationary sources subject to the voluntary agreement shall not be required to install additional pollution control equipment or implement additional pollution control strategies to reduce emissions of the air pollutant subject to the emission limitations contained in the voluntary agreement in order to comply with:
(a)
State regulatory requirements that are based exclusively on state authority and that, either directly or indirectly, necessitate reductions in the air pollutant subject to the voluntary agreement; or
(b)
Federal regulatory requirements that:
(I)
Either directly or indirectly necessitate reductions in emissions of the air pollutant subject to the voluntary agreement;
(II)
Establish generally applicable goals for the reductions of ambient concentrations of the air pollutant subject to the voluntary agreement or its chemical products; and
(III)
Do not establish requirements that apply specifically to the stationary source or group of stationary sources.
(2)
Notwithstanding subsection (1) of this section, the owner or operator of the stationary source or group of stationary sources may be required to comply with federal regulatory requirements if:
(a)
The owner or operator has agreed in writing to abide by the requirements; or
(b)
The commission promulgates the requirements in regulations that first require all other sources, including mobile sources, of the air pollutant within the affected region within Colorado to implement all available cost-effective measures to reduce emissions of the air pollutant. Such regulations, including the requirements contained therein applicable to the stationary source or group of stationary sources subject to the voluntary agreement, shall not apply to any stationary source or group of stationary sources unless and until the general assembly acts to postpone the expiration of the regulations in accordance with section
24-4-103
, C.R.S.
L. 98: Entire part added, p. 1047, § 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 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 12 - VOLUNTARY EMISSION LIMITATIONS (§§ 25-7-1201 — 25-7-1208) › Section 25-7-1205 - Exceptions

(1)
The regulatory assurances provided in section
25-7-1204
shall not apply to the following permit requirements, emission control requirements, or emission limitations:
(a)
Additional requirements provided under section 111 of the federal act, as defined in section
25-7-103(12)
, or parts 2 and 3 of this article by any modification or reconstruction of a stationary source after the date of the voluntary agreement;
(b)
Emission limitations established for hazardous air pollutants identified in section 112 of the federal act;
(c)
Requirements established to implement Title VI and section 112 (r) of the federal act; and
(d)
Requirements applicable to mobile sources.
L. 98: Entire part added, p. 1048, § 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 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 12 - VOLUNTARY EMISSION LIMITATIONS (§§ 25-7-1201 — 25-7-1208) › Section 25-7-1207 - Allowances

Notwithstanding any other provision of this part 12, no owner or operator of a stationary source or group of stationary sources shall lose the benefits of regulatory assurances granted under this part 12 by transferring, selling, banking, or otherwise using allowances established under Title IV of the federal act or by any other federally required trading program of regional or national applicability as a result of entering into a voluntary agreement.
L. 98: Entire part added, p. 1049, § 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 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 12 - VOLUNTARY EMISSION LIMITATIONS (§§ 25-7-1201 — 25-7-1208) › Section 25-7-1208 - Economic or cost-effectiveness analyses not required

Notwithstanding section
25-7-110.5
, the commission shall not conduct an economic impact analysis, cost-effectiveness analysis, or any other analyses required by section
25-7-110.5
in considering a voluntary agreement or the emission limitations contained therein.
L. 98: Entire part added, p. 1050, § 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 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 13 - THE SOUTHERN UTE INDIAN TRIBE/ STATE OF COLORADO ENVIRONMENTAL COMMISSION (§§ 25-7-1301 — 25-7-1309) › Section 25-7-1302 - Definitions

As used in this part 13, unless the context otherwise requires:
(1)
"Commission" means the Southern Ute Indian tribe/state of Colorado environmental commission established by this part 13.
(2)
"Division" means the division in the department of public health and environment that pertains to air pollution control.
(3)
"EPA" means the United States environmental protection agency.
(4)
"Fee land" means real property located within the reservation that is owned in fee by non-Indians.
(5)
"Intergovernmental agreement" means the agreement entered into by the Southern Ute Indian tribe and the state of Colorado, as set forth in House Bill 00-1324, enacted at the second regular session of the sixty-second general assembly.
(6)
"Reservation" means the Southern Ute Indian reservation, the exterior boundaries of which were confirmed in the act of May 21, 1984, Pub.L. 98-290, 98 Stat. 201, 202 (found at "other provisions" note to
25 U.S.C. sec. 668
).
(7)
"Reservation air program" means the regulatory air quality program established by the commission for all persons, lands, and air pollution sources within the exterior boundaries of the reservation.
(8)
"State" means the state of Colorado.
(9)
"Tribe" means the Southern Ute Indian tribe.
(10)
"Trust land" means land within the reservation held in trust by the United States of America for the benefit of the tribe or individual Indians.
Amended by 2018 Ch. 274, § 63, eff. 5/29/2018.
L. 2000: Entire part added, p. 108, § 1, effective March 15. L. 2018: IP added, (HB 18-1375), ch. 274, p. 1714, § 63, effective May 29.
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 13 - THE SOUTHERN UTE INDIAN TRIBE/ STATE OF COLORADO ENVIRONMENTAL COMMISSION (§§ 25-7-1301 — 25-7-1309) › Section 25-7-1303 - Southern Ute Indian tribe/state of Colorado environmental commission created

(1)
There is hereby created the Southern Ute Indian tribe/state of Colorado environmental commission. The commission is not an agency of the state, but is an authority created pursuant to the intergovernmental agreement. The commission's actions are not subject to the provisions of the "State Administrative Procedure Act", article
4
of title
24
, C.R.S., but rather are subject to procedural rules adopted by the commission.
(2)
The commission shall have authority to adopt air quality standards, promulgate rules and regulations, and review appealable administrative actions pertaining to the reservation air program.
(3)
It is the intent of the general assembly that the commission's rules, regulations, and orders shall be effective against all persons located within the reservation over whom the state would otherwise have jurisdiction as provided by state or federal law.
(4)
The commission consists of three members appointed by the tribe and three members appointed by the governor. Appointments by the governor shall be for terms of three years; except that the terms shall be staggered so that no more than two members' terms expire in the same year. The governor's appointees shall be residents of the state of Colorado. At least two of such appointees shall be residents of either Archuleta or La Plata county and at least one of such appointees shall reside on fee land.
(5)
The governor may remove any member appointed by the governor at any time. The governor may not remove any member appointed by the tribe.
(6)
Except as provided in section
25-7-1307
, commission members shall not receive any compensation from the state of Colorado for their services in the conduct of commission business. Commission members may be reimbursed for necessary travel and other reasonable expenses incurred in the performance of their official duties out of funds collected or received by the tribe.
(7)
Each member shall have one vote. The affirmative vote of a majority of all members of the commission on any matter within its powers and duties shall be required for any final determination made by the commission.
(8)
The commission shall annually elect a member to preside as chair. The chair shall alternate annually between a tribal and a state member.
Amended by 2022 Ch. 2,§78, eff. 2/25/2022.
L. 2000: Entire part added, p. 109, § 1, effective March 15. L. 2002: (4) amended, p. 1093, § 2, effective June 1. L. 2010: (4) amended, (SB 10-082), ch. 182, p. 655, §1, effective April 29.
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 13 - THE SOUTHERN UTE INDIAN TRIBE/ STATE OF COLORADO ENVIRONMENTAL COMMISSION (§§ 25-7-1301 — 25-7-1309) › Section 25-7-1304 - Commission - powers and duties - rules

(1)
The commission shall be the air quality policy-making and the administrative review entity for the reservation air program.
(2)
The duties of the commission shall include the responsibility to:
(a)
Determine the specific air quality programs under the federal "Clean Air Act", or other air quality programs, that should apply to the reservation, taking into account the specific environmental, economic, geographic, and cultural needs of the reservation;
(b)
Promulgate rules and regulations that are necessary for the proper implementation and administration of those programs, including determining which administrative actions are appealable to the commission;
(c)
Establish procedures the commission will follow in promulgating rules and regulations and for administrative review of actions taken by the tribe;
(d)
Review and approve of a long-term plan, initially prepared by the tribe, to improve and maintain air quality within the reservation, which also takes into account regional planning in the La Plata and Archuleta county region;
(e)
Monitor the relationships among the state and tribal environmental protection agencies to facilitate cooperation, information sharing, technical assistance, and training;
(f)
Review enforcement actions according to the commission's adopted administrative procedures;
(g)
Approve and adopt fees for permits and other regulatory services conducted by the tribe or the state, after considering a proposed fee schedule prepared by the tribe, and direct payment by air pollution sources to the tribe;
(h)
Ensure consistency and adherence to applicable standards and resolving disputes involving third parties;
(i)
Review emission inventories as developed by the tribe and state;
(j)
Conduct public hearings pertaining to the adoption of rules and regulations, or relating to enforcement and permit appeals, and to issue orders resulting from those proceedings;
(k)
Request tribal staff to perform any administrative or clerical functions necessary to issue orders and conduct commission business, or the commission, at its option, may appoint a technical secretary to perform such duties; except that no authority shall be delegated to adopt, promulgate, amend, or repeal standards or regulations, or to make determinations, or to issue or countermand orders of the commission;
(l)
Any other duties necessary to accomplish the purposes of the intergovernmental agreement and as authorized by the state and tribe enabling legislation.
L. 2000: Entire part added, p. 110, § 1, effective March 15.
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 13 - THE SOUTHERN UTE INDIAN TRIBE/ STATE OF COLORADO ENVIRONMENTAL COMMISSION (§§ 25-7-1301 — 25-7-1309) › Section 25-7-1305 - Administration of reservation air program

(1)
After the commission has adopted rules and regulations for the reservation air program and after the EPA has delegated to the tribe administration of programs under the federal "Clean Air Act", the tribe shall administer and enforce the standards, rules, and regulations adopted by the commission for the reservation air program. The actions of the tribe pursuant to this section and this part 13 shall apply to any non-Indian air pollution source within the reservation as if the state had taken the same action.
(2)
Until the EPA delegates to the tribe the authority to administer federal "Clean Air Act" programs, the Colorado air quality control commission and the division shall have authority under this article to continue to enforce any state program or permits, laws, and regulations for any non-Indian owned air pollution sources on fee land within the reservation. The division shall afford the tribe the opportunity to participate in its regulatory activities involving such sources, including the review of permit applications, notices of violations, or other orders, inspections, and other enforcement actions.
L. 2000: Entire part added, p. 111, § 1, effective March 15.
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 13 - THE SOUTHERN UTE INDIAN TRIBE/ STATE OF COLORADO ENVIRONMENTAL COMMISSION (§§ 25-7-1301 — 25-7-1309) › Section 25-7-1306 - Agencies of state to cooperate

(1)
Agencies of the state, including but not limited to the division, may provide technical assistance, training, and consultation to the tribe to carry out the purposes of the intergovernmental agreement and this part 13.
(2)
The general assembly authorizes state agencies to perform duties on behalf of the commission to administer the reservation air program. State agencies may contract with the tribe to receive payment for the reasonable cost of the services state employees perform for the tribe or the commission.
L. 2000: Entire part added, p. 111, § 1, effective March 15.
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 13 - THE SOUTHERN UTE INDIAN TRIBE/ STATE OF COLORADO ENVIRONMENTAL COMMISSION (§§ 25-7-1301 — 25-7-1309) › Section 25-7-1307 - Funding for staff and program costs

(1)
The commission shall establish fees for permits and other regulatory services provided by the division or the tribe under this part 13. The commission shall direct air pollution sources to pay said fees to the tribe. The tribe may also apply for and receive EPA grants for the administration of the reservation air program.
(2)
From the fees and grants, the tribe shall fund the staff and program costs necessary to perform the tribe's duties under the intergovernmental agreement and this part 13. The tribe shall pay the state for the personal services costs, at a rate of compensation determined by contract, of any state employee who participates in the administration of the reservation air program pursuant to the intergovernmental agreement or this part 13.
(3)
It is the intent of the general assembly that fees and grants shall pay the necessary expenses of the commission. If the fees and grants are not sufficient to pay the commission's expenses, then the state and the tribe shall be responsible for funding associated with the participation of their respective representatives on the commission. State funding for its expenses must come from either a separate appropriation to the division or from funds otherwise available that the state is authorized to use for such a purpose.
(4)
Prior to the establishment and collection of fees from air pollution sources under the reservation air program, the tribe may have expenses associated with its administration of permits for non-Indian owned sources on fee land. If the state continues to collect fees under section
25-7-114.7
from air pollution sources on fee lands, and if the tribe has expenses associated with the administration of a state-issued permit, then the division is authorized to use such permit and other fees to pay for the tribe's personal services costs. The state is authorized to contract with the tribe setting forth the reasonable cost for such services performed by the tribe.
L. 2000: Entire part added, p. 112, § 1, effective March 15.
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 13 - THE SOUTHERN UTE INDIAN TRIBE/ STATE OF COLORADO ENVIRONMENTAL COMMISSION (§§ 25-7-1301 — 25-7-1309) › Section 25-7-1308 - Administrative and judicial review of commission actions

(1)
Prior to the formation of the commission, the adoption of the federal legislation contemplated in the intergovernmental agreement, and actual EPA delegation of federal "Clean Air Act" programs:
(a)
The state, through the Colorado air quality control commission and the division, shall exercise civil and criminal enforcement jurisdiction over non-Indians on fee lands within reservation boundaries for violations of applicable air quality permits, laws, and regulations.
(b)
Appeals of state air enforcement action and other air quality-related decisions may be brought in state court consistent with state law and regulation.
(c)
The tribe shall exercise jurisdiction over Indians, on all lands within the boundaries of the reservation, and over non-Indians on trust land, for violations of applicable tribal air quality regulations.
(d)
Nothing in this part 13 is intended to restrict, diminish, or define the jurisdiction of the EPA.
(2)
Following the adoption of the federal legislation and the EPA delegation of federal "Clean Air Act" programs:
(a)
The tribe shall exercise civil enforcement jurisdiction over all persons and air pollution sources on all lands within reservation boundaries for violations of the reservation air program, subject to administrative review by the commission; and
(b)
Consistent with the federal legislation provided in the intergovernmental agreement, the general assembly intends that final decisions of the commission shall be subject to review in federal district court in accordance with the provisions of the federal "Administrative Procedure Act".
(3)
Following the formation of the commission and the adoption of the federal legislation provided in the intergovernmental agreement, it is the intent of the general assembly that the EPA will exercise criminal enforcement jurisdiction over any persons on all lands within reservation boundaries for criminal violations of the reservation air program.
L. 2000: Entire part added, p. 112, § 1, effective March 15.
For the federal "Administrative Procedure Act", see 5 U.S.C. §§ 551-559, 701-706, 1305, 3105, 3344, 4301, 5335, 5362, and 7521; for the federal "Clean Air Act", see 42 U.S.C. § 1857 et seq.
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 13 - THE SOUTHERN UTE INDIAN TRIBE/ STATE OF COLORADO ENVIRONMENTAL COMMISSION (§§ 25-7-1301 — 25-7-1309) › Section 25-7-1309 - Repeal of part

(1)
This part 13 shall be repealed on the occurrence of any one of the following events:
(a)
Termination of the intergovernmental agreement by either the tribe or the state; or
(b)
Enactment of an explicit repeal by the general assembly, acting by separate bill.
(c)
(Deleted by amendment, L. 2010, (SB 10-082), ch. 655, p. 655, § 2, effective April 29, 2010.)
L. 2000: Entire part added, p. 113, § 1, effective March 15. L. 2002: (1)(c) amended, p. 1094, § 3, effective June 1. L. 2010: (1) amended, (SB 10 -082), ch. 182, p. 655, § 2, effective April 29.