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Second Regular Session
Sixty-first General Assembly
LLS NO. 980165.01 DHG
SENATE BILL 98004
STATE OF COLORADO
BY SENATORS Norton, Chlouber, and Mutzebaugh;
also REPRESENTATIVES G. Berry and Paschall.
A BILL FOR AN ACT
CONCERNING THE APPLICATION OF STATE AIR QUALITY STANDARDS
TO ACTIVITIES TAKING PLACE ON PUBLIC PROPERTY WITHIN THE STATE.
(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. Requires that the state implementation plan for air quality and emission controls generally applicable to property and facilities within the state also be imposed upon public property and facilities. Declares that significant contributions to regional haze and visibility impairment emanate from federal lands within the state, and that this act is adopted pursuant to authority granted to the state under the federal "Clean Air Act".
Directs the air quality control commission to require all federal facilities to minimize emissions to the maximum extent practicable in order to minimize the 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. By July 1, 1998, requires federal land managers to submit permit applications that specify in the land management plan for those federal lands how compliance with this act will be achieved. Requires that such land management plans meet the requirements of this act.
For purposes of an existing partial exemption from
cleanair rules in the case of "agricultural operations",
specifically excludes forest management and habitat management
activities of federal or state land managers from the term "agricultural
operations". Defines such activity as "commercial"
rather than "noncommercial" for purposes of provisions
imposing civil penalties of $100 per day for noncommercial violations
and $10,000 per day for commercial violations. Specifies that
no permit for open burning shall be issued by the air pollution
control division after July 1, 1998, unless the land management
plan for the area to be burned has been approved by the commission
pursuant to this act.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 257106, Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to read:
257106. Commission additional authority. (7) (a) WITH RESPECT TO FEDERAL PROPERTY AND FACILITIES AND ALL FEDERAL ACTIVITIES RESULTING, OR WHICH MAY RESULT, IN THE DISCHARGE OF AIR POLLUTANTS, THE COMMISSION IS SPECIFICALLY AUTHORIZED AND DIRECTED TO APPLY AND ENFORCE EVERY RELEVANT PROVISION OF THE STATE IMPLEMENTATION PLAN AND EVERY RELEVANT EMISSION CONTROL, INCLUDING THE IMPOSITION OF ANY FEE PURSUANT TO SECTION 257114.7 OR PENALTY PURSUANT TO SECTION 257122, THAT APPLIES TO PRIVATE AND NONFEDERAL GOVERNMENTAL PROPERTY AND FACILITIES WITHIN THE STATE OF COLORADO, INCLUDING THE RECOVERY OF COSTS BY THE STATE FOR THE EVALUATION OF LAND MANAGEMENT PLANS PURSUANT TO SUBSECTION (8) OF THIS SECTION.
(b) 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. THIS SUBSECTION (7) IS ADOPTED PURSUANT TO SECTION 118 OF THE FEDERAL ACT AND SHALL BE CONSTRUED TO EXERCISE THE FULL EXTENT OF THE STATE'S AUTHORITY AS GRANTED BY THE PROVISIONS OF SAID FEDERAL ACT WITH REGARD TO POLLUTION COMING FROM FEDERAL FACILITIES. THE GENERAL ASSEMBLY FURTHER FINDS, DETERMINES, AND DECLARES THAT THE FEDERAL GOVERNMENT, AS THE ONLY LANDOWNER OF ITS SIZE IN THE STATE AND THE ONLY LANDOWNER IN THE STATE OTHER THAN THE STATE GOVERNMENT ITSELF THAT ROUTINELY PREPARES COMPREHENSIVE LAND MANAGEMENT PLANS INVOLVING THE CLEARING OF FOREST UNDERGROWTH BY FIRE, IS APPROPRIATELY SUBJECT TO THE REQUIREMENTS OF THIS SECTION PERTAINING TO REVIEW AND APPROVAL OF LAND MANAGEMENT PLANS.
(c) AS USED IN THIS SUBSECTION (7) AND IN SUBSECTION (8) OF THIS SECTION, THE TERMS "FEDERAL PROPERTY AND FACILITIES" AND "FEDERAL ACTIVITIES" DO NOT INCLUDE PROPERTY, FACILITIES, OR ACTIVITIES OF PRIVATE PARTIES ON FEDERAL LANDS PURSUANT TO A VALID FEDERAL RIGHTOFWAY, LEASE, LICENSE, OR PERMIT.
(8) (a) THE COMMISSION, IN EXERCISING THE POWERS CONFERRED BY SUBSECTION (7) OF THIS SECTION AND THIS SUBSECTION (8), SHALL REQUIRE ALL FEDERAL FACILITIES, INCLUDING ACTIVITIES DIRECTLY CONDUCTED BY OR ON BEHALF OF FEDERAL AGENCIES ON FEDERAL LANDS, TO MINIMIZE EMISSIONS USING AVAILABLE, PRACTICABLE, AND TECHNOLOGICALLY FEASIBLE METHODS IN ORDER TO MINIMIZE THE 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
(b) (I) IN ORDER TO ENSURE COMPLIANCE WITH THE REQUIREMENTS OF PARAGRAPH (a) OF THIS SUBSECTION (8), FEDERAL LAND MANAGERS WITH JURISDICTION OVER FEDERAL PROPERTIES AND FACILITIES WITHIN COLORADO SHALL SUBMIT LAND MANAGEMENT PLANS OR EQUIVALENT PLANNING DOCUMENTS TO THE COMMISSION. THE COMMISSION SHALL THEN CONDUCT A PUBLIC HEARING ON THOSE ELEMENTS OF THE LAND MANAGEMENT PLAN RELEVANT TO ACHIEVING THE GOAL OF MINIMIZING EMISSIONS AS SET FORTH IN SAID PARAGRAPH (a).
(II) AS USED IN THIS PARAGRAPH (b), "EQUIVALENT PLANNING DOCUMENTS" MEANS DOCUMENTS THAT SUMMARIZE THE ELEMENTS OF A LAND MANAGEMENT PLAN THAT ARE RELEVANT TO THE DISCHARGE OR RELEASE OF AIR POLLUTION AND DEMONSTRATE HOW COMPLIANCE WITH THE STATE STANDARD SHALL BE ACHIEVED.
(c) FOLLOWING A PUBLIC HEARING, THE COMMISSION SHALL COMMENT AND MAKE RECOMMENDATIONS TO THE FEDERAL LAND MANAGER REGARDING ANY CHANGES TO ELEMENTS OF THE LAND MANAGEMENT PLAN RELATING TO THE DISCHARGE OR RELEASE OF AIR POLLUTANTS THAT THE COMMISSION FINDS NECESSARY TO COMPLY WITH THE STATE STANDARD.
SECTION 2. 257123 (1) (b), Colorado Revised Statutes, is amended, and the said 257123 (1) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:
257123. Open burning penalties. (1) (b) Open burning in the course of agricultural operations may be regulated only where the absence of regulations would substantially impede the commission in carrying out the objectives of this article. In adopting any program applicable to agricultural operations, the commission shall take into consideration the necessity of conducting open burning. FOR PURPOSES OF THIS SECTION, "AGRICULTURAL OPERATIONS" DOES NOT INCLUDE FOREST MANAGEMENT OR HABITAT MANAGEMENT ACTIVITIES OF FEDERAL OR STATE LAND MANAGERS, AND SUCH ACTIVITIES SHALL BE DEEMED "COMMERCIAL PURPOSES" WITHIN THE MEANING OF PARAGRAPH (b) OF SUBSECTION (3) OF THIS SECTION.
(c) NO PERMIT SHALL BE ISSUED BY THE DIVISION PURSUANT TO PARAGRAPH (a) OF SUBSECTION (2) OF THIS SECTION AFTER JANUARY 1, 2000, UNLESS SUCH PERMIT IS CONSISTENT WITH THE COMMENTS AND RECOMMENDATIONS OF THE COMMISSION CONCERNING THE LAND MANAGEMENT PLAN OR EQUIVALENT PLANNING DOCUMENT, AS DEFINED IN SECTION 25-7-106 (8) (b) (II), APPLICABLE TO THE AREA TO BE BURNED; EXCEPT THAT PERMIT CONDITIONS MAY BE EXCLUDED FROM A PERMIT IF A FEDERAL LAND MANAGER ASSERTS THAT SUCH CONDITIONS ARE SPECIFICALLY PROHIBITED BY FEDERAL STATUTE AND IF THE DIVISION DETERMINES THAT SUCH ASSERTION IS CORRECT. THE DIVISION SHALL REPORT ALL SUCH EXCLUSIONS, WITHIN THIRTY DAYS AFTER THEY ARE GRANTED, TO THE GOVERNOR AND TO THE DIRECTOR OF THE LEGISLATIVE COUNCIL. IN NO EVENT SHALL A PERMIT BE ISSUED UNLESS A LAND MANAGEMENT PLAN OR EQUIVALENT PLANNING DOCUMENT FOR THE AREA TO BE BURNED HAS BEEN SUBMITTED ON OR BEFORE JULY 1, 1999, TO THE COMMISSION FOR REVIEW, PUBLIC HEARING, AND COMMENT IN ACCORDANCE WITH SECTION 25-7-106 (8). THE COMMISSION SHALL ADOPT RULES TO PROVIDE FOR EXCEPTIONS FROM THE REQUIREMENTS OF SAID SECTION WHERE IMMEDIATE ISSUANCE OF A PERMIT IS NECESSARY TO PROTECT THE PUBLIC HEALTH AND SAFETY.
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 provisions 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.