NOTE: The governor signed this measure on 6/5/2013.
      
      
      SENATE BILL 13-073
      
      
      BY SENATOR(S) Brophy, Baumgardner, Roberts, Cadman, Crowder,
      Grantham, King, Lambert, Lundberg;
      also REPRESENTATIVE(S) Sonnenberg, Gardner, Priola, Rankin, Saine,
      Scott, Vigil.
      
      
      Concerning a requirement that the division of administration of
           the department of public health and environment follow
           rule-making procedures when proposing changes to general
           permits related to water quality control.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, add 25-8-503.5 as
      follows:
      
           25-8-503.5.  General permits - process for changing permit
      requirements. (1)  With respect to a general permit listed in section
      25-8-502 (1) (b) (I) (G), when proposing new or amended permit
      requirements for dischargers to meet to obtain or maintain
      authorization for discharges under the permit, the division shall:
      
           (a)  Prepare a statement of basis and purpose explaining the
      need for the proposed requirements;
      
           (b)  Present evidence supporting the need for the proposed
      requirements, including information regarding pollutant
      potential and available controls, incidents of environmental
      damage, and permit violations;
      
           (c)  Before implementing the proposed requirements, provide
      public notice of, and consider comments received from affected
      parties about, the proposed requirements; and
      
           (d)  Upon request by an affected party, consider and give due
      weight to a cost-benefit analysis:
      
           (I)  Received by the division during the comment phase set
      forth in paragraph (c) of this subsection (1);
      
           (II)  Concerning one or more proposed requirements that are
      not already required by federal or state statute or rule;
      
           (III)  Prepared by a third party chosen from an approved list
      of analysts, as developed by the division in consultation with
      representatives of the industries that are subject to general
      permitting; and
      
           (IV)  Paid for by the affected party.
      
           (2)  Nothing in subsection (1) of this section confers
      rule-making authority on the division.
      
           (3)  A party may appeal a general permit issued under section
      25-8-502 (1) (b) (I) (G) pursuant to the appeals process set forth in
      section 24-4-105, C.R.S.
      
           SECTION 2.  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.
      
      
      
      
      ____________________________  ____________________________
      John P. Morse                         Mark Ferrandino
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Cindi L. Markwell                      Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO