First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 13-0535.01 Esther van Mourik x4215HOUSE BILL 13-1188 HOUSE SPONSORSHIP Rankin, SENATE SPONSORSHIP Baumgardner, House Committees Senate Committees Local Government A BILL FOR AN ACT Concerning a coordinated system to respond to federal decisions regarding federal land that have economic impacts on the state. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Whenever a local government is required, requested, or able to coordinate, comment, consult, or similarly respond to any federal decision that affects federal land within its local boundaries pursuant to the "Endangered Species Act of 1973", the "Federal Land Policy and Management Act of 1976", the "National Forest Management Act of 1976", the "National Environmental Policy Act of 1969", or regulations adopted by the council on environmental quality, the bill allows the local government to analyze the local impacts and submit its findings, including an economic analysis, in a timely manner to the office of economic development. The bill then requires the office of economic development to consolidate the information received from all local governments related to each federal decision into a single report. The bill then requires the office of economic development to make a recommendation and forward the consolidated report to the office of the governor for the final response to be submitted as provided under the applicable federal law. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add article 30 to title 29 as follows: ARTICLE 30 Coordinated Response to Federal Land Decisions 29-30-101. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) Federal government decisions by the bureau of land management, the national forest service, and the fish and wildlife service often affect the economic well-being of Colorado citizens; (b) Revenue from several forms of taxation, availability of jobs, and nonmarket factors can be radically altered by a federal decision related to federal lands; (c) Federal economic analyses are usually presented as an average impact over a large area and do not consider more local impacts, yet these federal decisions are the primary driver of the economic future of many local governments in Colorado; (d) While there are mechanisms in place for the state and local governments to comment on these federal decisions, the response has been somewhat disjointed and lacks the impact necessary to influence any meaningful changes or to accurately determine and report whether the federal decision is consistent with state plans and programs; and (e) A unified response to these federal decisions that includes an economic analysis would add weight to the arguments made for or against federal decisions related to federal lands in Colorado. (2) The general assembly further finds and declares that the matters contained in this article have important statewide ramifications for compliance with and enforcement of federal decisions regarding federal lands and are thus matters of statewide concern. 29-30-102. Definitions. As used in this article, unless the context otherwise requires: (1) "Colorado economic development commission" means the Colorado economic development commission created in section 24-46-102, C.R.S. (2) "Council on environmental quality" or "CEQ" means the council on environmental quality established within the executive office of the president as part of NEPA. (3) "Endangered species act" means the federal "Endangered Species Act of 1973", as amended, 16 U.S.C. sec. 1531, et seq. (4) "Federal land policy and management act" or "FLPMA" means the "Federal Land Policy and Management Act of 1976", as amended, Pub.L. 94-579. (5) "Local government" means a town, city, city and county, or county in the state. (6) "National environmental policy act" or "NEPA" means the "National Environmental Policy Act of 1969", 42 U.S.C. sec. 4321, et seq. (7) "National forest management act" or "NFMA" means the "National Forest Management Act of 1976", as amended, 16 U.S.C. sec. 1600, et seq. (8) "Office of economic development" means the Colorado office of economic development created in section 24-48.5-101, C.R.S. 29-30-103. Local government consistency and coordination mandates for federal government agencies - statewide coordination of response to federal decisions. (1) (a) On and after the effective date of this subsection (1), whenever a local government is required, requested, or able to coordinate, comment, consult, or similarly respond to any federal decision that affects federal land within its local boundaries pursuant to the endangered species act, federal land policy and management act, national forest management act, the national environmental policy act, or regulations adopted by the council on environmental quality, the local government may analyze the local impacts and submit its findings, including an economic analysis as described in subsection (2) of this section, in a timely manner to the office of economic development. (b) If a local government informs the office of economic development that statewide impacts could occur from a federal decision that affects federal land within the state pursuant to the endangered species act, federal land policy and management act, national forest management act, the national environmental policy act, or regulations adopted by the council on environmental quality, the office of economic development shall solicit additional information from the department of local affairs and the department of natural resources regarding such statewide impacts. (2) (a) The economic analysis must include: (I) An explanation of impacts the federal decision would have on the state or local governments; (II) Revenue impacts, including but not limited to revenues realized from federal lease payments, property taxes, severance taxes, and business personal property taxes; (III) Impacts on jobs; (IV) Impacts on vital industries such as agriculture, tourism, recreation, oil and gas development, and mining; and (V) Any other impacts such as those on scenic value and tourism. (b) Impacts of federal decisions include but are not limited to restrictions on grazing permits, ski areas, scenic viewing, trail access, drilling permits, and mining permits. (c) To the extent possible, an economic analysis should include information that indicates five years of impacts. (d) A local government shall commence an economic analysis during the alternative development phase of the environmental impact assessment. (3) The office of economic development shall consolidate the findings and economic analyses received from all local governments related to each federal decision into a single report. The office of economic development shall make a recommendation and forward the consolidated report to the office of the governor for the final response to be submitted as provided under either the endangered species act, federal land policy and management act, national forest management act, the national environmental policy act, or regulations adopted by the council on environmental quality. SECTION 2. Act subject to petition - effective date. 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 7, 2013, if adjournment sine die is on May 8, 2013); 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 2014 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.