First Regular Session
Sixty-second General Assembly
LLS NO. 99-0222.03 Robert Neill HOUSE BILL 99-1193
STATE OF COLORADO
BY REPRESENTATIVE Saliman
HEALTH, ENVIRONMENT, WELFARE, & INSTITUTIONS
A BILL FOR AN ACT
101 CONCERNING THE AUTHORITY FOR PUBLIC HEARINGS BEFORE THE AIR
102 QUALITY CONTROL COMMISSION FOR A CONSTRUCTION PERMIT
103 APPLICATION FOR A MODIFICATION TO AN EXISTING STATIONARY
104 SOURCE THAT HAS BEEN DESIGNATED BY THE COMMISSION AS
105 WARRANTING PUBLIC COMMENT UPON REQUEST OF A LOCAL
106 GOVERNMENT ENTITY HAVING LAND USE JURISDICTION OVER THE
107 STATIONARY SOURCE.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Authorizes public hearings before the air quality control
commission for construction permit applications for a minor modification
to an existing stationary source, where the commission has determined
that public comment is warranted, when requested by the local
government entity having land use jurisdiction over the stationary source.
Requires the local governing entity to submit such request in
writing to the division within 30 days following the completion of the
division's preliminary analysis and requires the division to transmit the
request, the application, a preliminary analysis, and written comments to
the commission within 5 days of the end of the 30-day period. Requires
the commission to hold a public hearing regarding the sufficiency of the
preliminary analysis and whether the permit application should be
approved or denied within 60 days after receipt of the application,
comments, and analysis, unless such greater time is agreed to by the
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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applicant, the local governing entity requesting the hearing, and the
division. At least 30 calendar days prior to such public hearing, notice
thereof shall be mailed by the commission to the applicant and to the
local governing entity requesting the hearing, printed in a newspaper of
general distribution in the area of the proposed source or modification,
and submitted for public review with the county clerk and recorder of the
county wherein the project or activity is proposed.
Requires that the division or the commission shall grant or deny
the permit application, for which a hearing has been held, within the
appropriate time period established pursuant to this article.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 25-7-114.5 (6), Colorado Revised Statutes, is
3 amended BY THE ADDITION OF A NEW PARAGRAPH to read:
4 25-7-114.5. Application review and public participation.
5 (6) (c) FOR ANY CONSTRUCTION PERMIT APPLICATION FOR A
6 MODIFICATION TO AN EXISTING STATIONARY SOURCE WHERE THE
7 CONSTRUCTION PERMIT APPLICATION HAS BEEN FILED, DEFINED, OR
8 DESIGNATED BY THE COMMISSION AS WARRANTING PUBLIC COMMENT
9 PURSUANT TO SUBSECTION (5) OF THIS SECTION AND WHERE THE
10 MODIFICATION IS NOT SUBJECT TO THE REQUIREMENTS OF A NEW MAJOR
11 STATIONARY SOURCE OR A MAJOR MODIFICATION IN A NONATTAINMENT OR
12 PREVENTION OF SIGNIFICANT DETERIORATION AREA, THE COMMISSION MAY
13 ORDER A PUBLIC HEARING WITH RESPECT TO THE MODIFICATION UPON
14 REQUEST BY THE LOCAL GOVERNING ENTITY HAVING LAND USE
15 JURISDICTION OVER THE SOURCE. THE LOCAL GOVERNING ENTITY SHALL
16 SUBMIT SUCH REQUEST IN WRITING TO THE DIVISION WITHIN THIRTY
17 CALENDAR DAYS AFTER THE COMPLETION OF THE DIVISION'S PRELIMINARY
18 ANALYSIS. THE DIVISION SHALL TRANSMIT SUCH REQUEST TO THE
19 COMMISSION ALONG WITH THE APPLICATION, THE DIVISION'S PRELIMINARY
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1 ANALYSIS, AND ANY WRITTEN COMMENTS RECEIVED BY THE DIVISION,
2 WITHIN FIVE CALENDAR DAYS OF THE END OF SUCH THIRTY-DAY PERIOD.
3 THE COMMISSION MAY HOLD A PUBLIC HEARING TO ELICIT AND RECORD
4 THE COMMENT OF ANY INTERESTED PERSON REGARDING THE SUFFICIENCY
5 OF THE PRELIMINARY ANALYSIS AND WHETHER THE PERMIT APPLICATION
6 SHOULD BE APPROVED OR DENIED. IF THE COMMISSION DETERMINES THAT
7 A PUBLIC HEARING IS WARRANTED SUCH HEARING SHALL BE HELD WITHIN
8 SIXTY CALENDAR DAYS AFTER RECEIPT OF THE APPLICATION, COMMENTS,
9 AND ANALYSIS, UNLESS SUCH GREATER TIME IS AGREED TO BY THE
10 APPLICANT, THE LOCAL GOVERNING ENTITY REQUESTING THE HEARING,
11 AND THE DIVISION. AT LEAST THIRTY CALENDAR DAYS PRIOR TO SUCH
12 PUBLIC HEARING, NOTICE THEREOF SHALL BE MAILED BY THE COMMISSION
13 TO THE APPLICANT AND THE LOCAL GOVERNING ENTITY REQUESTING THE
14 HEARING, PRINTED IN A NEWSPAPER OF GENERAL DISTRIBUTION IN THE
15 AREA OF THE PROPOSED SOURCE OR MODIFICATION, AND SUBMITTED FOR
16 PUBLIC REVIEW WITH THE COUNTY CLERK AND RECORDER OF THE COUNTY
17 WHEREIN THE PROJECT OR ACTIVITY IS PROPOSED.
18 SECTION 2. The introductory portion to 25-7-114.5 (7) (a),
19 Colorado Revised Statutes, is amended to read:
20 25-7-114.5. Application review and public participation.
21 (7) (a) Within thirty calendar days following the completion of the
22 division's preliminary analysis for applications for construction permits
23 not subject to part 2 of this article, or AND FOR WHICH A PUBLIC HEARING
24 HAS NOT BEEN REQUESTED, within thirty calendar days following the
25 period for public comment provided for in subsection (5) of this section,
26 or WITHIN THE APPROPRIATE TIME PERIOD ESTABLISHED PURSUANT TO THIS
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1 ARTICLE for applications for construction permits subject to part 2 of this
2 article and for renewable operating permits, if a hearing is held, within the
3 appropriate time period established pursuant to this article FOR WHICH A
4 HEARING HAS BEEN HELD, the division or the commission, as the case may
5 be, shall grant or deny the permit application. Any permit required
6 pursuant to this article shall be granted by the division or the commission,
7 as the case may be, if it finds that:
8 SECTION 3. Effective date - applicability. (1) This act shall
9 take effect at 12:01 a.m. on the day following the expiration of the
10 ninety-day period after final adjournment of the general assembly that is
11 allowed for submitting a referendum petition pursuant to article V,
12 section 1 (3) of the state constitution; except that, if a referendum petition
13 is filed against this act or an item, section, or part of this act within such
14 period, then the act, item, section, or part, if approved by the people, shall
15 take effect on the date of the official declaration of the vote thereon by
16 proclamation of the governor.
17 (2) The provisions of this act shall apply to construction permit
18 applications to existing stationary sources where the modification is not
19 subject to the requirements of a new major stationary source or a major
20 modification in a nonattainment or prevention of significant deterioration
21 area submitted to the division on or after the applicable effective date of
22 this act.