NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      SENATE BILL 11-235
      
      
      BY SENATOR(S) Giron, Boyd, Foster, Grantham, Guzman, Hodge, Jahn,
      Williams S.;
      also REPRESENTATIVE(S) Pace and Swerdfeger, Brown, Liston,
      Looper, Massey, Murray, Priola, Swalm, Todd, Vigil, Wilson, McNulty.
      
      
      Concerning methods to reduce the air quality permit application
           backlog, and, in connection therewith, authorizing the use
           of nongovernmental air quality modeling engineers for
           purposes of permit application approvals and making an
           appropriation.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  25-7-114.5, Colorado Revised Statutes, is amended
      BY THE ADDITION OF A NEW SUBSECTION to read:
      
           25-7-114.5.  Application review - public participation.  (16) (a)  If
      the division experiences a backlog in processing air quality permit
      applications caused by an occasional need that is seasonal,
      irregular, or fluctuating in nature, and the department
      determines or reasonably expects that, as a result, permits would
      not be issued within statutory time frames, the division shall make
      available to sources that are not subject to permitting under part
      C of the federal act the option to have the air quality modeling
      that is submitted with the applicant's air permit application
      reviewed for acceptance as demonstrating compliance by a
      contract consultant selected by the division in lieu of the review
      being conducted by division staff.
      
           (b)  The division shall select and contract with
      nongovernmental air quality modeling engineers to perform air
      quality modeling reviews of applicants who choose contract
      consultant review of their air quality permit modeling.  The
      division is not subject to the requirements of the "Procurement
      Code", articles 101 to 112 of title 24, C.R.S., in selecting and
      contracting with the consultants.  The division shall review and
      exclude from consideration as a contract air quality modeling
      consultant any contractors with a conflict of interest regarding
      air quality permit applications.  Applicants that choose
      consultant review of their air quality modeling are responsible
      for both the consultant's costs associated with the air modeling
      review as well as the division's costs associated with the review
      and determination of the air permit application, to be paid to the
      division.  The division shall transfer the money to the state
      treasurer, who shall credit it to the stationary sources control
      fund created in section 25-7-114.7 (2) (b) (I).
      
           (c)  The division shall use the results of the modeling
      conducted pursuant to paragraph (b) of this subsection (16) for
      purposes of the division's permit application analysis.
      
           SECTION 2.  Appropriation.  In addition to any other
      appropriation, there is hereby appropriated, out of any moneys in the
      stationary sources control fund created in section 25-7-114.7 (2) (b) (I),
      Colorado Revised Statutes, not otherwise appropriated, to the department
      of public health and environment, for allocation to the air pollution control
      division, for the fiscal year beginning July 1, 2011, the sum of one hundred
      ninety-four thousand three hundred seventy-seven dollars ($194,377) cash
      funds and 0.2 FTE, or so much thereof as may be necessary, for the
      implementation of this act.
      
           SECTION 3.  Safety clause.  The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ____________________________  ____________________________
      Brandon C. Shaffer                      Frank McNulty
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Cindi L. Markwell                      Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO