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Second Regular Session
Sixty-first General Assembly
LLS NO. 980195.01 BWM
HOUSE BILL 981003
STATE OF COLORADO
BY REPRESENTATIVES Schauer, G. Berry, Paschall, and Tucker;
also SENATORS Mutzebaugh, Chlouber, and Norton.
BUSINESS AFFAIRS & LABOR
A BILL FOR AN ACT
CONCERNING THE REMOVAL OF PROVISIONS IN THE AIR QUALITY
STATE IMPLEMENTATION PLAN THAT ARE MORE STRINGENT THAN THOSE REQUIRED
BY FEDERAL LAW.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Interim Committee on Air Quality Control Issues. Declares that certain provisions in the air quality state implementation plan are more stringent than federal requirements. Declares that state permits issued pursuant to such provisions contain terms or conditions that are more stringent than required by federal law. Declares that such provisions were placed in the state implementation plan in violation of state law.
Requires that no later than July 1, 1998, the air pollution control division and the air quality control commission shall take all necessary action to remove from the state implementation plan those provisions that were submitted in violation of state law.
Makes a specific finding that the state has complied
with the provisions of the federal "Clean Air Act" relating
to state implementation plans for national primary and secondary
ambient air quality standards and the general savings clause provisions
of such federal act.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 257105.1, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
257105.1. Federal enforceability. (4) (a) THE GENERAL ASSEMBLY HEREBY FINDS, DETERMINES, AND DECLARES:
(I) THAT THERE ARE CERTAIN PROVISIONS IN THE REGULATIONS OF THE COMMISSION THAT ARE MORE STRINGENT THAN THE REQUIREMENTS OF THE FEDERAL ACT;
(II) THAT THE DIVISION HAS ISSUED PERMITS PURSUANT TO THE COMMISSION'S REGULATIONS THAT CONTAIN TERMS OR CONDITIONS THAT ARE MORE STRINGENT THAN THE REQUIREMENTS OF THE FEDERAL ACT;
(III) THAT SUCH MORE STRINGENT PROVISIONS OF THE COMMISSION'S REGULATIONS HAVE BEEN PLACED INTO THE STATE IMPLEMENTATION PLAN IN VIOLATION OF THIS SECTION AND ITS PREDECESSOR, SECTION 257105 (8), AS IT EXISTED PRIOR TO JULY 1, 1992.
(b) WHENEVER A RULE IS BEFORE THE COMMISSION FOR CONSIDERATION TO REVISE ANY ELEMENT OF THE STATE IMPLEMENTATION PLAN, THE DIVISION SHALL REPORT TO THE COMMISSION ON WHETHER ANY ELEMENT OR ELEMENTS OF THE STATE IMPLEMENTATION PLAN UNDER CONSIDERATION FOR REVISION MAY CONTAIN ANY PROVISION MORE STRINGENT THAN REQUIREMENTS OF THE FEDERAL ACT SO THE COMMISSION MAY TAKE SUCH INFORMATION INTO CONSIDERATION IN ITS RULE MAKING ACTION.
(c) (I) WHENEVER THE DIVISION REVIEWS A SOURCE'S APPLICATION FOR AN OPERATING PERMIT REQUIRED BY SECTION 257114.3, IT SHALL REVIEW ANY STATE PERMITS ISSUED TO SUCH SOURCE UNDER THIS ARTICLE AND DETERMINE IF ANY SUCH STATE PERMIT CONTAINS TERMS OR CONDITIONS THAT ARE MORE STRINGENT THAN THE REQUIREMENTS OF THE FEDERAL ACT AND THAT ARE NOT CLEARLY IDENTIFIED AS "STATEONLY ENFORCEABLE". IF ANY SUCH TERM OR CONDITION REVIEWED BY THE DIVISION IS NOT CLEARLY IDENTIFIED AS "STATEONLY ENFORCEABLE" OR IS SUBJECT TO POTENTIAL INTERPRETATION AS FEDERALLY ENFORCEABLE, THE DIVISION SHALL TAKE ALL NECESSARY ACTION, INCLUDING, WITHOUT LIMITATION, AMENDING SUCH PERMIT WITH THE SOURCE'S PERMISSION, TO ASSURE SUCH TERMS AND CONDITIONS ARE NOT FEDERALLY ENFORCEABLE.
(II) WHENEVER THE DIVISION ISSUES A PERMIT UNDER THIS ARTICLE, IT SHALL ASSURE THAT ANY TERM OR CONDITION THAT IS MORE STRINGENT THAN THE REQUIREMENTS OF THE FEDERAL ACT IS CLEARLY IDENTIFIED AS "STATEONLY ENFORCEABLE".
(d) ABSENT SPECIFIC FACTUAL FINDINGS BY THE COMMISSION, THE GENERAL ASSEMBLY HEREBY FINDS THAT SECTIONS 110 AND 193 OF THE FEDERAL ACT ARE COMPLIED WITH.
SECTION 2. 257106.8 (3), Colorado Revised Statutes, is amended to read:
257106.8. Colorado clean vehicle
fleet program. (3) The commission
is directed to promulgate rules and regulations
are necessary to adopt
a state implementation plan revision as required by Title I,
Part D, and Title II, Part C, of the federal act, as may be amended
from time to time IMPLEMENT
A CLEAN VEHICLE FLEET PROGRAM IN COLORADO. The rules and regulations
promulgated by the commission shall comply with the provisions
of the federal regulations promulgated pursuant to Title I, Part
D, and Title II, Part C, of the federal act, as amended. Such
regulations shall require that a specified percentage of all covered
fleet vehicles in model year 1998
1999, WHICH COMMENCES ON SEPTEMBER 1, 1998, and thereafter
purchased by each covered fleet operator in the DenverBoulder
nonattainment area shall be clean fuel vehicles and shall use
alternative fuels when operating in such area.
SECTION 3. No appropriation. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes 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.