June 10, 1996
**WORKING VERSION--THIS HAS NOT BEEN PROOFED! USE AT YOUR OWN RISK!!**
11:10:46 AMPage 1
SENATE JOURNAL
Sixty-second General Assembly
STATE OF COLORADO
Second Regular Session
36th Legislative Day Wednesday, February 9, 2000
Call to By the President at 9:00 a.m.
Order
Prayer By the chaplain, Reverend Arlyn Tolzmann, Holy Cross Lutheran Church, Wheat Ridge.
Roll Call Present--Total, 31.
Absent/Excused--Evans, Feeley, Lacy, Linkhart--Total, 4.
Present later--Evans, Feeley, Lacy, Linkhart.
Quorum The President announced a quorum present.
Reading of On motion of Senator Hillman, reading of the Journal of Tuesday, February 8th was
Journal dispensed with and the Journal stands approved as corrected by the Secretary.
COMMITTEE OF REFERENCE REPORT
Trans- After consideration on the merits, the committee recommends that SB00-168 be
portation amended as follows and, as so amended, be referred to the Committee on State, Veterans,
and Military Affairs with favorable recommendation:
Amend printed bill, page 3, strike lines 10 and 11.
Renumber succeeding subparagraphs accordingly.
Page 3, line 12, strike "The" and substitute "Subchapter II of the";
line 13, strike "6901 to 6992k;" and substitute "6921 to 6939e;";
line 21, strike "includes" and substitute "includes, but is not limited to,";
line 22, after "rely", insert "solely".
Page 5, line 2, strike "are not safe";
line 3, strike "for unrestricted use," and substitute "have been determined to be safe for a specific use, but not all uses,";
line 7, strike "environment" and substitute "groundwater".
Page 6, line 3, strike "3." and substitute "3 but may only be enforced as provided in section 25-15-322. The creation of a hazardous substance easement does not trigger the application of any other requirements of this part 3.";
line 25, after "times", insert "with prior notice" and strike "purposes" and substitute "purpose".
Page 7, strike lines 10 through 16, and substitute the following:
"(3) Any person proposing to create, modify, or terminate a hazardous substance easement shall provide notice to all persons holding a property interest or secured interest in the land that is proposed for inclusion in the easement, and shall notify the department of the names and addresses of all persons to whom such notice was provided.";
line 21, strike "are not safe for";
line 22, strike "unrestricted use" and substitute "have been Senate Journal-36th Day-February 9, 2000 Page 1
Page 1 Senate Journal-36th Day-February 9, 2000
determined to be safe for a specific use, but not all uses,".
Page 8, strike lines 10 through 12, and substitute the following:
"(II) New information regarding the risks posed by the residual contamination;".
Page 9, strike lines 10 through 12, and substitute the following:
"(8) The department shall review and make a determination regarding all applications for creating, modifying, or terminating hazardous substance easements within sixty days after receipt.
(9) Any contract for the purchase and sale of real property that is subject to a hazardous substance easement shall contain the following disclosure in fifteen-point bold-faced type:
"This property is subject to a hazardous substance easement held by the Colorado department of public health and environment. This property has been remediated under an environmental law, but may contain some residual contamination or an engineered structure that requires maintenance or must not be disturbed. The easement either limits the use of the property or requires the owner to perform certain acts on the property. You may obtain a copy of the easement from the Colorado department of public health and environment. You may request that the department of public health and environment modify or terminate the easement pursuant to section 25-15-320, Colorado Revised Statutes."
(10) If the only uses allowed under the proposed easement are prohibited by existing zoning, the department shall condition any approval upon the applicant's demonstration that such applicant has obtained a change in the zoning that would allow for one or more of the proposed uses.".
Page 10, strike lines 8 through 14, and substitute the following:
"(3) In the event of an actual or threatened violation of a hazardous substance easement, the department may issue an order under this section requiring compliance with the terms of the easement and may request the attorney general to bring suit to enforce the terms of the easement, to enforce the order issued pursuant to this section, or to seek other appropriate injunctive relief.
(4) If a court of competent jurisdiction determines, for any reasonable cause, that a hazardous substance easement is void, the department may take such action as may be authorized by any other law.";
line 19, strike "Zoning overlay districts." and substitute "Coordination with affected local governments.";
line 20, strike ""local government"" and substitute ""affected local government"";
strike lines 21 through 26, and substitute the following:
"county, or city in which land subject to a hazardous substance easement is located.".
Page 11, line 1, strike "owner.";
strike lines 10 through 14, and substitute the following:
"(2) Whenever an affected local government receives an application affecting land use or development of land that is subject to a hazardous substance easement, the affected local government shall notify the department of the application. The";
line 15, strike "change" and substitute "application";
strike lines 18 through 20;
line 21, after "interests", insert "not".
Page 12, strike line 2, and substitute the following:
"25-15-326. Validation. (1) The provisions of subsection (2) of this section shall apply only to:
(a) Documents recorded prior to July 1, 2000, as part of an environmental remediation project; and
(b) Documents recorded in connection with a voluntary clean-up plan approved under section 25-16-306 or petition for a no action determination approved under section 25-16-307.
(2) Any document recorded by the";
line 3, strike "before July 1, 2000,".
Local After consideration on the merits, the committee recommends that the following be
Government postponed indefinitely: SB00-060
Legal After consideration on the merits, the committee recommends that the following be
Services referred favorably to the Committee of the Whole: SB00-120
______________________________
On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Wednesday, February 9, was laid over until Thursday, February 10, retaining its place on the calendar.
______________________________
On motion of Senator Blickensderfer, the Senate adjourned until 9:00 a.m., Thursday, February 10, 2000.
Approved:
Ray Powers
President of the Senate
Patricia K. Dicks
Secretary of the Senate
LC: