NOTE: The governor signed this measure on 5/17/2016.
      
      
      HOUSE BILL 16-1276
      
      
      BY REPRESENTATIVE(S) Hamner and Coram, Arndt, Becker J.,
      Becker K., Brown, Duran, Fields, Garnett, Kraft-Tharp, Mitsch Bush,
      Pettersen, Priola, Rankin, Ryden, Salazar, Vigil, Winter, Young,
      Hullinghorst;
      also SENATOR(S) Roberts and Donovan, Baumgardner, Crowder, Heath,
      Johnston, Jones, Kefalas, Kerr, Martinez Humenik, Merrifield, Newell,
      Scheffel, Steadman, Cadman.
      
      
      Concerning the division of reclamation, mining, and safety's
           ability to conduct emergency responses at legacy hard
           rock mining sites.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 34-32-122, amend (3)
      (a) (II) as follows:
      
           34-32-122.  Fees, civil penalties, and forfeitures - deposit -
      emergency response cash fund - created. (3) (a) (II)  The emergency
      response cash fund shall be available for use may be used by the executive
      director to conduct emergency responses or to perform emergency
      reclamation activities at mining operations subject to this article and as
      specified in section 34-32-124.5 (1) (b).
      
           SECTION 2.  In Colorado Revised Statutes, amend 34-32-124.5
      as follows:
      
           34-32-124.5.  Emergencies endangering public health or
      environment - definition. (1)  Following an investigation, an emergency
      response shall be is justified pursuant to section 34-32-122 (3) if the board
      or office determines that:
      
           (a)  Any person is:
      
           (a) (I)  Engaging in any activity not sanctioned by, or which that
      constitutes a material violation of, a permit for a mining operation if such
      activity constitutes an immediate, undue, and unwarranted risk of serious
      harm to persons or property or to the environment; or
      
           (b) (II)  An operator with a permit who is failing or refusing to
      respond to a board order requiring corrective actions for any failure or
      imminent failure of:
      
           (I) (A)  Any impoundment, embankment, or slope identified in such
      the permit; or
      
           (II) (B)  Any environmental protection facility or measure identified
      in the permit which that is designed for control or containment of
      chemicals or waste which that are toxic, toxic-forming, or acid; or
      
           (III) (C)  Any other measure identified in such the permit or as
      provided for in this article or any rule promulgated pursuant to this article
      which that is intended to protect human health or property or the
      environment; or
      
           (b)  Circumstances exist, regardless of whether caused by
      a person, at a legacy mine site that create a danger to public
      health or welfare or the environment. For purposes of this
      paragraph (b), "legacy mine site" means a site where hard rock
      mining operations have been abandoned as those terms are
      defined in section 34-34-101 (1) (b) and (4).
      
           SECTION 3.  Applicability. This act applies to conduct occurring
      on or after the effective date of this act.
      
           SECTION 4.  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.
      
      
      
      
      ________________________________________________________
      Dickey Lee Hullinghorst                Bill L. Cadman
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                            Effie Ameen
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO