First Regular Session
Sixty-second General Assembly
LLS NO. 99-0797.01 Debbie Haskins HOUSE BILL 99-1340
STATE OF COLORADO
BY REPRESENTATIVES Witwer, Clarke;
also SENATOR Sullivant.
REENGROSSED
BUSINESS AFFAIRS & LABOR
A BILL FOR AN ACT
101 []CONCERNING THE INVESTIGATION OF THE POSSIBLE HARMFUL HEALTH
102 EFFECTS OF NONIONIZING RADIATION FROM ELECTROMAGNETIC
103 SOURCES.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
[ ] 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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Directs the department of public health and environment to study
whether there are possible harmful health effects of nonionizing radiation
upon persons who live in close proximity to broadcast antennas and
electromagnetic sources. Authorizes the department to contract with an
independent entity to conduct the study. Requires the contractor to
comply with confidentiality requirements regarding medical records and
reports used in conducting the study.
Creates a nonionizing radiation study fund. Authorizes the
department of public health and environment to accept gifts, grants, and
donations, including federal funds, to conduct the study.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Legislative declaration. The general assembly
3 finds that there are serious concerns about the harmful health effects of
4 nonionizing radiation and electromagnetic emissions from broadcast
5 [antennas on people living near broadcast antennas and broadcast towers.]
6 The general assembly finds that while studies have been inconclusive
7 about whether there is an epidemiological association between cancers
8 and [broadcast towers,] there is some data that indicates that two
9 neighborhoods in close proximity to the [broadcast] antennas and [ ]
10 towers on Lookout Mountain have significant increases in brain and
11 central nervous system tumors compared to that expected in the general
12 population. The general assembly hereby declares that the purpose of
13 this act is to direct the department of public health and environment to
14 conduct further environmental studies [in an area to be determined by the
15 department and to include but not be limited to Lookout Mountain,
16 Genesee, and Golden] to study the harmful health effects of nonionizing
17 radiation and emissions from broadcast antennas and [ ] towers.
18 SECTION 2. 25-1-107 (1) (dd), Colorado Revised Statutes, is
19 amended to read:
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1 25-1-107. Powers and duties of the department - repeal.
2 (1) The department has, in addition to all other powers and duties
3 imposed upon it by law, the following powers and duties:
4 (dd) (I) (A) To establish and operate programs which THAT the
5 department determines are important in promoting, protecting, and
6 maintaining the public's health by preventing, delaying, or detecting the
7 onset of environmental and chronic diseases;
8 (B) To develop and maintain a system for detecting and
9 monitoring environmental and chronic diseases within the state and to
10 investigate and determine the epidemiology of those conditions which
11 THAT contribute to preventable or premature sickness and to death and
12 disability;
13 (C) To establish programs of community and professional
14 education relevant to the detection, prevention, and control of
15 environmental and chronic diseases;
16 (D) TO INVESTIGATE POSSIBLE HARMFUL HEALTH EFFECTS OF
17 NONIONIZING RADIATION AND EMISSIONS FROM BROADCAST ANTENNAS
18 [AND] [BROADCAST] TOWERS UPON PERSONS WHO LIVE IN PROXIMITY TO
19 BROADCAST ANTENNAS [AND BROADCAST] TOWERS. THE DEPARTMENT IS
20 AUTHORIZED TO CONTRACT WITH AN INDEPENDENT CONTRACTOR TO
21 PERFORM A STUDY TO DETERMINE WHETHER THERE IS AN
22 EPIDEMIOLOGICAL ASSOCIATION BETWEEN REPORTED HEALTH PROBLEMS
23 OF PERSONS LIVING IN CLOSE PROXIMITY TO THE BROADCAST ANTENNAS
24 AND [BROADCAST] TOWERS AND NONIONIZING RADIATION EMITTED FROM
25 SUCH BROADCAST ANTENNAS AND [BROADCAST] TOWERS. FOR PURPOSES OF
26 SUCH STUDY, THE CONTRACTOR SHALL COMPLY WITH THE
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1 CONFIDENTIALITY REQUIREMENTS SET FORTH IN SECTION 25-1-122
2 REGARDING REPORTS AND RECORDS RESULTING FROM THE INVESTIGATION
3 OF ENVIRONMENTAL AND CHRONIC DISEASES.
4 (II) For the purposes of this paragraph (dd), "environmental
5 disease" means an impairment or deviation from the normal functioning
6 of the human body which:
7 (A) May be either temporary or permanent;
8 (B) May leave residual disability;
9 (C) May result in birth defects, damage to tissues and organs, and
10 chronic illness; and
11 (D) Is caused by exposure to hazardous chemical or radiological
12 materials present in the environment.
13 (III) For purposes of this paragraph (dd), "chronic disease" means
14 impairment or deviation from the normal functioning of the human body
15 which:
16 (A) Is permanent;
17 (B) Leaves residual disability;
18 (C) Is caused by nonreversible pathological alterations;
19 (D) Requires special patient education and instruction for
20 rehabilitation; or
21 (E) May require a long period of supervision, observation, and
22 care.
23 (IV) For the purposes of this paragraph (dd), the board shall
24 determine, by rule and regulation, those environmental and chronic
25 diseases that are dangerous to the public health. The board is authorized
26 to require reports relating to such designated diseases in accordance with
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1 the provisions of section 25-1-122 and to have access to medical records
2 relating to such designated diseases in accordance with the provisions of
3 section 25-1-122.
4 SECTION 3. Part 1 of article 1 of title 25, Colorado Revised
5 Statutes, is amended BY THE ADDITION OF A NEW SECTION to
6 read:
7 25-1-126. Nonionizing radiation fund created. (1) THERE IS
8 HEREBY ESTABLISHED IN THE STATE TREASURY A FUND TO BE KNOWN AS
9 THE NONIONIZING RADIATION STUDY FUND, WHICH FUND SHALL BE
10 SUBJECT TO ANNUAL APPROPRIATION TO THE DEPARTMENT OF PUBLIC
11 HEALTH AND ENVIRONMENT BY THE GENERAL ASSEMBLY FOR THE PURPOSE
12 OF CONDUCTING THE STUDY DESCRIBED IN SECTION 25-1-107 (1) (dd) (I)
13 (D) CONCERNING WHETHER THERE IS AN EPIDEMIOLOGICAL ASSOCIATION
14 BETWEEN HEALTH PROBLEMS OF PERSONS LIVING IN CLOSE PROXIMITY TO
15 BROADCAST ANTENNAS AND NONIONIZING RADIATION EMITTED FROM
16 BROADCAST ANTENNAS. THE FUND SHALL BE CREDITED WITH SUCH
17 APPROPRIATIONS AS THE GENERAL ASSEMBLY MAY MAKE FROM THE
18 GENERAL FUND FOR THE NONIONIZING RADIATION STUDY AND ANY GIFTS,
19 GRANTS, OR AWARDS RECEIVED PURSUANT TO SUBSECTION (2) OF THIS
20 SECTION.
21 (2) THE DEPARTMENT IS AUTHORIZED TO ACCEPT ANY GIFTS OR
22 GRANTS OR AWARDS OF FUNDS FROM THE FEDERAL GOVERNMENT OR
23 PRIVATE SOURCES FOR THE IMPLEMENTATION AND OPERATION OF THE
24 NONIONIZING RADIATION STUDY DESCRIBED IN SECTION 25-1-107 (1) (dd)
25 (I) (D). [THE STUDY SHALL NOT BE IMPLEMENTED UNTIL SUFFICIENT
26 GRANTS, DONATIONS, AND GIFTS ARE OBTAINED TO SUPPORT ITS
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1 IMPLEMENTATION, HOWEVER, NOTHING IN THIS SECTION SHALL PRECLUDE
2 THE STATE FROM USING MONEYS THAT ARE AVAILABLE FOR THIS PURPOSE.] (3) ALL MONEYS CREDITED TO THE NONIONIZING RADIATION FUND
3 THAT ARE NOT EXPENDED DURING THE FISCAL YEAR SHALL BE RETAINED
4 IN THE FUND FOR ITS FUTURE USE AND SHALL NOT BE CREDITED OR
5 TRANSFERRED TO THE GENERAL FUND OR ANY OTHER FUND.
6 SECTION 4. Safety clause. The general assembly hereby finds,
7 determines, and declares that this act is necessary for the immediate
8 preservation of the public peace, health, and safety.