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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0166.01 DHG HOUSE BILL 98­1109

STATE OF COLORADO

BY REPRESENTATIVES Taylor, G. Berry, Paschall, and Schauer;

also SENATORS Ament, Chlouber, and Mutzebaugh.

REREVISED

AGR., LIVESTOCK & NATURAL RESOURCES

A BILL FOR AN ACT

CONCERNING THE RESPONSIBILITIES OF FEDERAL OFFICIALS IN CONNECTION WITH VISIBILITY MONITORING IN CLASS I AREAS.

Bill Summary

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

Interim Committee on Air Quality Control Issues. Makes a legislative declaration that significant contributions to regional haze and visibility impairment in the west emanate from federal lands within Colorado. For the purpose of addressing the cause of this impairment, requires the federal land manager of such federal areas to develop a plan for evaluating visibility in each mandatory class I federal area and submit a plan for approval to the air pollution control division for incorporation by the air quality control commission into the state implementation plan. Conditions approval of such a plan on the federal government bearing the expenses of administration of any such plan.


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

SECTION 1.  25­7­212 , Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

25­7­212.  Actions of federal government affecting visibility ­ evaluation report ­ legislative declaration ­ monitoring ­ funding. (3) (a)  THE GENERAL ASSEMBLY HEREBY FINDS, DETERMINES, AND DECLARES, AFTER REVIEWING THE FACTORS THAT CONTRIBUTE TO REGIONAL HAZE AND VISIBILITY IMPAIRMENT IN THE WEST, THAT SIGNIFICANT CONTRIBUTIONS TO REGIONAL HAZE AND VISIBILITY IMPAIRMENT EMANATE FROM FEDERAL LANDS WITHIN THE STATE OF COLORADO. FOR THE PURPOSE OF ADDRESSING REGIONAL HAZE VISIBILITY IMPAIRMENT IN MANDATORY CLASS I FEDERAL AREAS, THE FEDERAL LAND MANAGER OF SUCH AREAS SHALL DEVELOP A PLAN FOR EVALUATING VISIBILITY IN EACH MANDATORY CLASS I FEDERAL AREA BY VISUAL OBSERVATION OR OTHER APPROPRIATE MONITORING TECHNIQUE APPROVED BY THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY AND SHALL SUBMIT SUCH PLAN FOR APPROVAL TO THE DIVISION FOR INCORPORATION BY THE COMMISSION AS PART OF THE STATE IMPLEMENTATION PLAN. SUCH SUBMITTAL AND COMPLIANCE BY THE FEDERAL LAND MANAGERS SHALL BE DONE IN A MANNER AND AT A TIME SO AS TO MEET ALL PRESENT OR FUTURE FEDERAL REQUIREMENTS FOR THE PROTECTION OF VISIBILITY IN ANY MANDATORY CLASS I FEDERAL AREA. SUCH PLAN SHALL ONLY BE APPROVED BY THE COMMISSION IF THE EXPENSE OF IMPLEMENTING SUCH A PLAN IS BORNE BY THE FEDERAL GOVERNMENT.

(b)  FEDERAL OFFICIALS SHALL CONFER WITH THE COMMISSION AND THE DIVISION AND SHALL ENSURE THAT ALL DATA DEVELOPED FOR VISIBILITY PROTECTION PURPOSES IS MADE AVAILABLE TO THE DIVISION AND THE COMMISSION.

SECTION 2.  Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety­day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.