Prayer by Pastor Stephen Swanson, St.
Paul's Lutheran Church, Denver.
The Speaker called the House to order at 9:00
The roll was called with the following result:
Absent and excused--Representative Paschall--1.
The Speaker declared a quorum present.
On motion of Representative Takis, the reading of the journal of March 24, 1998, was declared dispensed with and approved as corrected by the Chief Clerk.
SIGNING OF BILLS - RESOLUTIONS - MEMORIALS
The Speaker has signed: SB98-5, 16, 32, 78; also
MESSAGE FROM THE SENATE
The Senate has passed on Third
Reading and returns herewith HB98-1170.
The Senate has passed on Third Reading and transmitted
to the Revisor of Statutes:
HB98- 1025, amended as printed in Senate Journal, March 23, page 534;
HB98- 1079, amended as printed in Senate Journal, March 23, page 534.
MESSAGE FROM THE REVISOR
We herewith transmit without comment, as amended, HB98-1025 and 1079.
MESSAGE FROM THE GOVERNOR
I certify I received the following on the 24th day
of March, 1998, at 2:15 p.m. The original is on file in the
records of the House of Representatives of the General Assembly.
Chief Clerk of the House
March 24, 1998
To the Honorable
Colorado House of Representatives
Sixty-first General Assembly
Second Regular Session
Denver, CO 80203
Ladies and Gentleman:
I am filing with the Secretary of State H.B. 98-1109,
"Concerning the Responsibilities of Federal Officials in
Connection with Visibility Monitoring in Class I Areas."
As of this date, I have neither signed nor vetoed the bill. Therefore,
according to state law, it became effective today at 12:01 a.m.
This letter sets forth my reasoning for letting the bill become
law without my signature.
H.B. 1109 directs the federal land agencies, such
as the U.S. Forest Service, the National Park Service and the
Bureau of Land Management, to submit plans to the state for approval
on how they will monitor visibility in so-called Class I areas
such as national parks and wilderness areas. It further provides
that the state shall not approve of these plans unless the federal
land agencies pay for the plan's implementation.
I believe it is important that this monitoring program
be implemented to help protect air quality in these areas. However,
I am concerned that this bill may have serious legal problems
even though the federal agencies have informally agreed to pay
the costs of this monitoring program.
Specifically, by prohibiting the approval of plans
unless the implementation is paid for by the federal land agencies,
the bill places fiscal control of federal agency activities in
the hands of the state. As such, if Congress or a federal land
agency fails to budget for the implementation of the monitoring
plan, the state cannot force Congress or the federal agency to
allocate the money to implement it. Thus, the bill may be unenforceable.
In addition, the federal Clean Air Act requires that federal agencies comply with all state and federal clean air laws and regulations. It also provides that states cannot impose additional requirements on federal agencies that they also do not impose on everyone else. As this bill only applies to the federal land agencies, it creates a burden C both fiscally and through the requirement to submit a plan and have it approved by the stateCthat is not equally imposed on non-federal or non-governmental entities. As a result, the bill may be at odds with the Clean Air Act.
The Honorable House of Representatives
The need to preserve and protect the air quality
of Colorado is important. I support efforts to ensure that the
air is protected in wilderness areas, national parks and throughout
the state. Since this bill helps us achieve these goals, it should
be allowed to become law. However, I urge the General Assembly
to ensure that our air quality laws are being fairly and effectively
applied. The state will continue to work with the federal land
agencies to make sure this program works effectively.
LAY OVER OF CALENDAR ITEMS
On motion of Representative Anderson, the following
items on the Calendar were laid over until March 26, retaining
place on Calendar:
Consideration of General Orders--SB98-157, HB98-1091, 1396, SB9872, 23, 52, HB98-1391, SB98-142, HB98-1393, SB98-85, HB981389, 1390
Consideration of Resolutions--SJR98-12, HJR98-1009, 1011, 1018, 1017, 1021.
Consideration of Senate Amendments--HB98-1039, 1086, 1105, 1131, 1207, 1365, 1293, 1110, 1008, 1018, 1021, 1036, 1103, 1179, 1204, 1235, 1243, 1309, 1323.
On motion of Representative Anderson, the House adjourned
until 9:00 a.m., March 26, 1998.
CHARLES E. BERRY,