NOTE: The governor signed this measure on 6/4/2012.
      
      
      HOUSE BILL 12-1002
      
      
      BY REPRESENTATIVE(S) Sonnenberg, Baumgardner, Becker, Beezley,
      Brown, Coram, DelGrosso, Gerou, Holbert, Joshi, Liston, Pace, Priola,
      Ramirez, Scott, Swalm, McNulty, Barker, Conti, Pabon, Stephens,
      Summers;
      also SENATOR(S) Jahn, Aguilar, Boyd, Brophy, Cadman, Grantham,
      King K., King S., Lambert, Lundberg, Mitchell, Neville, Newell, Renfroe,
      Roberts, Scheffel, White, Williams S.
      
      
      Concerning the rules of state agencies applicable to applications
           for permits.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  Short title. This act shall be known as the "Creating
      Level Expectations for Application Review Act" or the "CLEAR Act".
      
           SECTION 2.  In Colorado Revised Statutes, add 24-4-104.5 as
      follows:
      
           24-4-104.5.  Permits - rules in effect at time of submission of
      application for a permit control. (1)  For purposes of this section,
      unless the context otherwise requires, "permit" means a grant of
      authority by an agency that authorizes the holder of the permit
      to do some act not forbidden by law but not allowed to be
      performed without such authority. "Permit" does not include a
      professional license issued by a licensing board or an agency to
      conduct a profession or occupation. "Permit" does not include a
      registration or certification issued by a board or state agency to
      an individual to pursue a profession, practice, or occupation.
      "Permit" does not include a water well permit issued by the state
      engineer pursuant to title 37, C.R.S.
      
           (2) (a)  The rules and any written statements of agency
      interpretation of the statutes of an agency that are in effect on
      the date that a person applies for issuance or renewal of a permit
      govern the application process and any permit eligibility
      requirement. If the rules or any written statements of agency
      interpretation of the statutes governing the agency's permit
      process or the requirements to qualify for a permit have been
      amended, the agency shall process the application under the rules
      and any written statements of agency interpretation of the
      statutes in effect on the date of the application, unless the
      agency determines in writing that:
      
           (I) (A)  The new rules materially affect the health and
      safety of the public; and
      
           (B)  Use of the rules in effect on the date of application is
      likely to result in an unsafe situation if the applicant does not
      comply with the new rules; or
      
           (II)  New rules or new requirements are necessary to ensure
      that the agency and the permit will be in compliance with the
      requirements of federal law and federal regulations; or
      
           (III)  New rules or new requirements are necessary to ensure
      that the agency and the permit will not be in conflict with state
      statutes; or
      
           (IV)  New rules or new requirements are necessary to ensure
      that the agency and the permit will be in compliance with the
      requirements of a court order.
      
           (b)  If the agency determines that one of the exceptions to
      the requirements of paragraph (a) of this subsection (2) will occur
      if the applicant does not comply with the new rules or new
      requirements, the agency shall:
      
           (I)  Treat the application as pending;
      
           (II)  Provide a written notice to the applicant stating the
      reasons the application is incomplete; and
      
           (III)  Give the applicant a reasonable opportunity to comply
      with the new rules or new requirements.
      
           (3)  If an agency adopts or amends rules that govern or
      impact the application process or any permit eligibility
      requirements after a person has applied for a permit or renewal of
      a permit and while the application is pending with the agency, the
      person shall have the option to have the application processed
      under the rules in existence at the time of the filing of the
      application or under the new rules.
      
           SECTION 3.  Act subject to petition - effective date -
      applicability. (1)  This act takes effect at 12:01 a.m. on the day following
      the expiration of the ninety-day period after final adjournment of the
      general assembly (August 8, 2012, if adjournment sine die is on May 9,
      2012); except that, if a referendum petition is filed pursuant to section 1 (3)
      of article V of the state constitution against this act or an item, section, or
      part of this act within such period, then the act, item, section, or part will
      not take effect unless approved by the people at the general election to be
      held in November 2012 and, in such case, will take effect on the date of the
      official declaration of the vote thereon by the governor.
      
           (2)  The provisions of this act apply to any applications for new
      permits or for renewals of permits submitted to state agencies on or after the
      applicable effective date of this act.
      
      
      
      
      ________________________________________________________
      Frank McNulty                      Brandon C. Shaffer
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO