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First Regular Session

Sixty-first General Assembly

LLS NO. 97­0660.01D BWM SENATE BILL 97­205

STATE OF COLORADO

BY SENATOR Norton;

also REPRESENTATIVE Anderson.

REVISED

AGRICULTURE, NATURAL

RESOURCES & ENERGY

A BILL FOR AN ACT

CONCERNING THE "CLEAR AIR PARTNERSHIP ACT".

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Directs the air quality control commission, pursuant to provisions of the federal "Clean Air Act", to require federal facilities including federal lands to minimize emissions to the extent practicable in order to minimize the effects of such activities on the attainment and maintenance of national ambient air quality standards and the achievement of federal and state visibility goals. Requires the air pollution control division to communicate with appropriate officials of other states and of the federal government to advocate adoption of the policy set forth in this act.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Legislative declaration ­ short title. The general assembly hereby finds and declares that this act shall be known and may be cited as the "Clear Air Partnership Act".

SECTION 2.  Part 2 of article 7 of title 25, Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION to read:

25­7­214.  Reducing emissions from federal facilities and federal lands. (1)  THE COMMISSION, IN EXERCISING THE POWERS AUTHORIZED IN SECTION 118 OF THE FEDERAL "CLEAN AIR ACT" TO THE FULLEST EXTENT, SHALL REQUIRE ALL FEDERAL FACILITIES, INCLUDING ACTIVITIES DIRECTLY CONDUCTED BY OR ON BEHALF OF FEDERAL AGENCIES ON FEDERAL LANDS, TO MINIMIZE EMISSIONS TO THE MAXIMUM EXTENT PRACTICABLE IN ORDER TO MINIMIZE THEIR IMPACT OR REDUCE THE POTENTIAL FOR SUCH IMPACT ON BOTH THE ATTAINMENT AND MAINTENANCE OF NATIONAL AMBIENT AIR QUALITY STANDARDS AND THE ACHIEVEMENT OF FEDERAL AND STATE VISIBILITY GOALS. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ACTIVITIES CONDUCTED AT FEDERAL FACILITIES THAT RELATE TO MATTERS OF NATIONAL SECURITY. NOTWITHSTANDING THE STANDARDS OTHERWISE SET FORTH IN THIS SECTION, WITHIN UNITS OF THE NATIONAL PARK SYSTEM, THE COMMISSION SHALL ACT TO MINIMIZE THE GENERATION AND/OR IMPACTS OF SMOKE IN COLORADO WHEN PRESCRIBED BURNING IS NECESSARY TO MAINTAIN THE NATURAL ECOSYSTEM.

(2)  THE DIVISION SHALL COMMUNICATE WITH REPRESENTATIVES OF OTHER STATES AND WITH REPRESENTATIVES OF THE ADMINISTRATOR AND APPROPRIATE FEDERAL AGENCIES ADVOCATING ADOPTION OF THE POLICY SET FORTH IN THIS SECTION BY FEDERAL OFFICIALS AND FEDERAL LAND MANAGERS OPERATING OUTSIDE OF COLORADO WHOSE ACTIONS OR EMISSIONS HAVE THE POTENTIAL TO AFFECT THE VISIBILITY WITHIN THE STATE OF COLORADO.

SECTION 3.  Effective date.  This act shall take effect upon the signature of the governor.

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.