Second Regular Session
Sixty-first General Assembly
LLS NO. R980939.01 JLB
STATE OF COLORADO
BY SENATORS Bishop, Linkhart, Powers, and Reeves;
also REPRESENTATIVES Leyba, Clarke, and Epps.
SENATE JOINT RESOLUTION 98-027
CONCERNING AN INTERIM STUDY OF COLORADO'S HAZARDOUS
MATERIALS RESPONSE AND PREPAREDNESS.
WHEREAS, The Colorado State Patrol has statutory
responsibility for hazardous material enforcement and response
for federal, state, and county highways outside of municipal
limits; and
WHEREAS, The Colorado State Patrol hazardous material
enforcement and response teams are frequently relied upon to provide
hazardous material response at fixed facilities where no local
response exists; and
WHEREAS, Local response teams are responsible for
hazardous materials response on private property and their response
capabilities are directly related to the population and financial
resources of the community; and
WHEREAS, The Office of the State Auditor issued a
report in June, 1996, titled "Hazardous Preparedness"
that identified inadequate hazardous materials response capabilities
in much of rural Colorado, a failure of state and local responders
to meet federal safety standards, and the difficulties local responders
have in obtaining adequate training and equipment; and
WHEREAS, The primary recommendation of the state
auditor's report was to create regional response teams that would
replace the Colorado State Patrol teams, but the Governor's Interagency
Advisory Group and the State Department of Public Safety disagreed
with the practicality of such recommendation and were offered
an opportunity to propose alternative solutions; and
WHEREAS, The Legislative Audit Committee of the General
Assembly has had three separate hearings on this issue without
resolution; and
WHEREAS, Because a very broad spectrum of local agencies
and at least six state departments are involved in hazardous materials
response and preparedness, it is important that an interim committee
be appointed to develop appropriate solutions to the identified
problems; now , therefore,
Be It Resolved by the Senate of the Sixtyfirst
General Assembly of the State of Colorado, the House of Representatives
concurring herein:
(1) That there shall be a committee to
meet in the interim after the 1998 Second Regular Session of the
Sixtyfirst General Assembly to study Colorado's hazardous
materials response and preparedness, particularly as concerns
the rural areas of the state. Such interim committee shall consist
of six members of the General Assembly. Three of such members
shall be from the Senate, comprising two appointed by the President
of the Senate and one appointed by the Minority Leader, and three
of such members shall be from the House of Representatives, appointed
by the Speaker of the House of Representatives, two from the majority
party and one from the minority party. Rural municipalities shall
be well represented on the committee. The committee shall perform
the following duties:
(a) Discuss and determine the state's
role in hazardous materials preparedness and response;
(b) Based on such determination, discuss
options and funding for solutions to the problems identified in
the report of the Office of the State Auditor issued in June,
1996, and titled "Hazardous Preparedness";
(c) Agree on a solution to improve the
state's hazardous materials response and preparedness capabilities
and develop any legislation needed to implement such solution.
(d) Discuss any other matter the committee
deems necessary to ensure that the state of Colorado is well prepared
for the release of any hazardous materials.
(3) That, in conducting such study, the
interim committee may consult, as may be required, with appropriate
local, state, and federal agencies and interested members of the
public and may hold public hearings in locations of the state
outside the Denver metropolitan area as deemed necessary for purposes
of the study. The study shall not require additional staff for
any state agency or any additional appropriation to any such state
agency.
(4) That the Legislative Council shall
report the findings and recommendations of the interim committee
to the 1999 First Regular Session of the Sixtysecond General
Assembly.
(5) That all expenditures incurred in
the conduct of the study enumerated in this resolution shall be
approved by the chairperson of the Legislative Council and paid
by vouchers and warrants drawn as provided by law from funds allocated
to the Legislative Council from appropriations made by the General
Assembly.
Amend engrossed joint resolution, page 2, line 17, strike "municipalities" and substitute "districts"; line 18, strike "well"; strike lines 22 and 23 and substitute the following: "(b) Discuss the report of the Office of the State"; line 31, strike "may" and substitute "shall"; line 32, strike "consult, as may be required, with" and substitute the following: "consult with counties, small, medium, and large businesses, motor carriers, environmental mitigation contractors, the Colorado emergency planning commission, local emergency planning commissions, and"; after line 37, insert the following: "(4) That it is not the intent of the general assembly for the Page 1560 interim committee to address the designation of hazardous material routes."; line 38, strike "(4)" and substitute "(5)"; line 41, strike "(5)" and substitute "(6)".