Dossier | State Bill Colorado

Calendar Notification of Your Bill Dossier

Bill HB12-1002 - NOT ON CALENDAR

Bill HB12-1003 - NOT ON CALENDAR

Bill HB12-1007 - NOT ON CALENDAR

Bill HB12-1008 - NOT ON CALENDAR

Bill HB12-1010 - NOT ON CALENDAR

Bill HB12-1012 - NOT ON CALENDAR

Bill HB12-1022 - NOT ON CALENDAR

Bill HB12-1024 - NOT ON CALENDAR

Bill HB12-1028 - NOT ON CALENDAR

Bill HB12-1032 - NOT ON CALENDAR

Bill HB12-1078 - NOT ON CALENDAR

Bill HB12-1082 - NOT ON CALENDAR

Bill HB12-1089 - NOT ON CALENDAR

Bill HB12-1107 - NOT ON CALENDAR

Bill HB12-1119 - NOT ON CALENDAR

Bill HB12-1122 - NOT ON CALENDAR

Bill HB12-1126 - NOT ON CALENDAR

Bill HB12-1161 - NOT ON CALENDAR

Bill HB12-1173 - NOT ON CALENDAR

Bill HB12-1175 - NOT ON CALENDAR

Bill HB12-1239 - NOT ON CALENDAR

Bill HB12-1255 - NOT ON CALENDAR

Bill HB12-1278 - NOT ON CALENDAR

Bill HB12-1285 - NOT ON CALENDAR

Bill HB12-1317 - NOT ON CALENDAR

Bill HB12-1349 - NOT ON CALENDAR

Bill SB12-006 - NOT ON CALENDAR

Bill SB12-008 - NOT ON CALENDAR

Bill SB12-009 - NOT ON CALENDAR

Bill SB12-017 - NOT ON CALENDAR

Bill SB12-026 - NOT ON CALENDAR

Bill SB12-027 - NOT ON CALENDAR

Bill SB12-063 - NOT ON CALENDAR

Bill SB12-073 - NOT ON CALENDAR

Bill SB12-080 - NOT ON CALENDAR

Bill SB12-088 - NOT ON CALENDAR

Bill SB12-097 - NOT ON CALENDAR

Bill SB12-107 - NOT ON CALENDAR

Bill SB12-132 - NOT ON CALENDAR

Bill SB12-142 - NOT ON CALENDAR

Bill SB12-153 - NOT ON CALENDAR

Bill SB12-165 - NOT ON CALENDAR

Bill SJR12-002 - NOT ON CALENDAR

Bill SJR12-003 - NOT ON CALENDAR

CWC State Affairs Committee requested amendment to exempt water wells. That amendment was made to bill in Senate Business Committee.

Position: Amend

CONCERNING THE RULES OF STATE AGENCIES APPLICABLE TO APPLICATIONS FOR PERMITS.
Sponsors: SONNENBERG / JAHN

H.B. 12-1002 Rules - permits - applicability of existing or new rules and written statements of agency interpretation - exceptions. The act creates the "CLEAR Act", which stands for "Creating Level Expectations For Application Review". The act amends the "State Administrative Procedure Act" (APA) to state that the rules and any written statements of agency interpretation of the statutes of a state agency in effect on the date that a person applies for a new or renewed permit govern the application for a new permit or for renewal of the permit. If the rules or any written statements of agency interpretation governing the agency's permit process or the requirements to qualify for a permit have been amended, the agency must grandfather in the application under the rules and any written statements of agency interpretation in effect on the date of the application, unless the agency determines in writing that: The new rules materially affect the health and safety of the public and that use of the rules in effect on the date of application is likely to result in an unsafe situation if the applicant does not comply with new rules; or New rules or new requirements are necessary to ensure that the agency and the permit will be in compliance with the requirements of federal law and federal regulations; or New rules or new requirements are necessary to ensure that the agency and the permit will not be in conflict with state statutes; or New rules or new requirements are necessary to ensure that the agency and the permit will be in compliance with the requirements of a court order. If the agency determines that one of these four exceptions will occur, the agency must treat the application as pending, provide a written notice to the person that states the reasons the application is incomplete, and give the person a reasonable opportunity to comply with the new law or new requirements. The act states that if an agency adopts or amends rules that govern or impact the application process or any permit eligibility requirements after a person has applied for a permit or renewal of a permit and while the application is pending with the agency, the person shall have the option to have the application processed under the rules in existence at the time of the filing of the application or under the new rules. The act defines "permit" as a grant of authority by an agency that authorizes the holder of the permit to do some act not forbidden by law but not allowed to be performed without such authority. "Permit" does not include a professional license issued by a licensing board or agency to conduct a profession or occupation. "Permit" does not include a registration or certification issued by a board or state agency to an individual to pursue a profession, practice, or occupation. "Permit" does not include a water well permit issued by the state engineer. APPROVED by Governor June 4, 2012 EFFECTIVE August 8, 2012 NOTE: This act was passed without a safety clause.

Status
1/11/2012 01/11/2012 Introduced In House - Assigned to Economic and Business Development
1/26/2012 01/26/2012 House Committee on Economic and Business Development Refer Amended to House Committee of the Whole
1/31/2012 01/31/2012 House Second Reading Laid Over Daily
2/1/2012 02/01/2012 House Second Reading Passed with Amendments
2/2/2012 02/02/2012 House Third Reading Passed
2/7/2012 02/07/2012 Introduced In Senate - Assigned to Business, Labor and Technology
2/7/2012 02/07/2012 Introduced In Senate - Assigned to Business, Labor and Technology + Finance
2/22/2012 02/22/2012 Senate Committee on Business, Labor and Technology Refer Amended to Finance
3/8/2012 03/08/2012 Senate Committee on Finance Refer Unamended to Senate Committee of the Whole
3/13/2012 03/13/2012 Senate Second Reading Laid Over Daily
3/19/2012 03/19/2012 Senate Second Reading Passed with Amendments
3/20/2012 03/20/2012 Senate Third Reading Passed
3/22/2012 03/22/2012 House Considered Senate Amendments - Result was to Laid Over Daily
3/22/2012 03/22/2012 House Considered Senate Amendments - Result was to Lay Over Daily
4/4/2012 04/04/2012 House Considered Senate Amendments - Result was to Not Concur - Request Conference Committee
4/24/2012 04/24/2012 First Conference Committee Result was to Adopt Rerevised w/ Amendments
4/30/2012 04/30/2012 Senate Consideration of First Conference Committee Report result was to Adopt Committee Report - Repass
5/8/2012 05/08/2012 House Consideration of First Conference Committee Report result was to Adopt Committee Report - Repass
5/15/2012 05/15/2012:33 PM 04:20 Signed by the Speaker of the House
5/15/2012 05/15/2012:37 PM 04:10 Signed by the President of the Senate
5/15/2012 05/15/2012 Sent to the Governor
6/4/2012 06/04/2012 Governor Action - Signed

Fiscal Note

BILL HB12-1003

Postponed Indefinitely in House Ag on 2/1.

CONCERNING THE AUTHORIZATION OF THE USE OF GRAYWATER.
Sponsors: FISCHER / NICHOLSON

Except in connection with individual septic systems, current law is unclear regarding whether, and under what conditions, graywater may be used. Section 1 of the bill declares the importance of water conservation to the economy of Colorado and the well-being of its citizens. Section 2 defines "graywater" as wastewater from sources other than toilets, urinals, kitchen sinks, nonlaundry utility sinks, and dishwashers collected within a residential, commercial, or industrial building that meets certain standards established by the water quality control commission. Section 3 authorizes the commission to adopt a control regulation establishing use standards and specifies that: Graywater may be applied only to uses that are allowed by the water sources' well permits and water rights; and, if so used, the use of the graywater is deemed to not cause injury. Graywater can be used only if the commission has adopted a control regulation and a local government authorizes the use. The local government has exclusive enforcement authority regarding compliance with the commission's control regulation. Section 5 allows counties to authorize graywater use, and section 6 allows municipalities to authorize graywater use. Section 4 repeals an obsolete provision authorizing local boards of health to adopt rules regarding graywater use with individual septic systems.

Status
1/11/2012 01/11/2012 Introduced In House - Assigned to State, Veterans, & Military Affairs
2/1/2012 02/01/2012 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely

Fiscal Note

BILL HB12-1007

Postponed Indefinitely in House Local Government on 3/20.

Position: Monitor

CONCERNING THE REQUIREMENT THAT A REGULATORY ANALYSIS BE ISSUED PRIOR TO THE PROMULGATION OF RULES BY A STATE ADMINISTRATIVE AGENCY.
Sponsors: SZABO / GRANTHAM

Under current law, if any person so requests, a state administrative agency must issue a regulatory analysis of any proposed rule at least 15 days prior to a rule-making hearing. The bill requires agencies to conduct the analysis for every proposed rule, regardless of whether an analysis has been requested. The bill also requires each regulatory analysis to include information on the effect of the proposed rule on jobs in Colorado. If the agency specifies that the proposed rule only makes grammatical, format, or organizational changes and makes no substantive changes, an analysis is not required. The bill also states that the general assembly determines that amendments to the law made by this bill can be implemented within existing appropriations and, therefore, no separate appropriation of state moneys or allocation of full time equivalent state employees is necessary to carry out the purposes of the bill.

Status
1/11/2012 01/11/2012 Introduced In House - Assigned to Economic and Business Development
1/11/2012 01/11/2012 Introduced In House - Assigned to Economic and Business Development + Appropriations
1/31/2012 01/31/2012 House Committee on Economic and Business Development Refer Amended to Appropriations
2/17/2012 02/17/2012 House Committee on Appropriations Lay Over Unamended - Amendment(s) Failed
2/17/2012 02/17/2012 House Committee on Appropriations Refer Unamended to House Committee of the Whole
2/21/2012 02/21/2012 House Second Reading Laid Over Daily
2/27/2012 02/27/2012 House Second Reading Passed with Amendments
2/28/2012 02/28/2012 House Third Reading Passed
3/2/2012 03/02/2012 Introduced In Senate - Assigned to Local Government
3/20/2012 03/20/2012 Senate Committee on Local Government Postpone Indefinitely

Fiscal Note

BILL HB12-1008

Moved to list of monitored bills that could be called up for CWC State Affairs consideration.

Position: Monitor

CONCERNING ADDITIONAL METHODS FOR PROVIDING INPUT TO EXECUTIVE BRANCH AGENCIES ABOUT PROPOSED RULES, AND, IN CONNECTION THEREWITH, DIRECTING AGENCIES TO ESTABLISH REPRESENTATIVE GROUPS TO EVALUATE AND COMMENT ON PROPOSED RULES, REQUIRING AGENCIES TO NOTIFY THE GENERAL ASSEMBLY OF ANY RULE-MAKING THAT RESULTS IN INCREASES IN FEES OR FINES, AND REQUIRING AGENCIES TO SUBMIT DEPARTMENTAL REGULATORY AGENDAS TO THE GENERAL ASSEMBLY.
Sponsors: ACREE / JAHN

H.B. 12-1008 Rules - notice to representative groups of proposed rule-making - notice to general assembly of increases in fees and fines - departmental regulatory agendas. An executive branch agency of state government considering adopting rules shall establish a representative group of participants with an interest in the subject of the rule-making to submit views or otherwise participate in conferences or to participate in the rule-making hearing on the proposals under consideration. If the agency convenes a representative group prior to issuing a notice of proposed rule-making, the agency shall include the group participants in the notice of the actual rule-making hearing. If an agency proposes a rule to increase fees or fines, at the time of giving notice of proposed rule-making under the State Administrative Procedure Act or within 10 days following the adoption of an emergency or temporary rule that increases fees or fines, the agency shall send a written or electronic notification to each member of the general assembly notifying the members about the proposed rule or about the adoption of an emergency rule and specifying the amount of the increase in the fees or fines. Principal departments of state government shall submit a departmental regulatory agenda each November 1 to the legislative council staff for distribution to the applicable oversight committee of reference of the general assembly. The departmental regulatory agenda shall include: A list of new rules or revisions to existing rules that the department expects to propose during the next calendar year; The statutory or other basis for adoption of the proposed rules; The purpose of the proposed rules; The contemplated schedule for adoption of the rules; An identification and listing of persons or parties that may be affected positively or negatively by the rules; and An update and brief summary of all permanent and temporary rules actually adopted since the previous departmental regulatory agenda was filed. Each principal department shall present its departmental regulatory agenda to the applicable oversight committee of reference of the general assembly during the departmental presentations on strategic plans and performance-based budgeting held during the first 15 days of the legislative session. APPROVED by Governor May 17, 2012 EFFECTIVE May 17, 2012

Status
1/11/2012 01/11/2012 Introduced In House - Assigned to Economic and Business Development
1/11/2012 01/11/2012 Introduced In House - Assigned to Economic and Business Development + Appropriations
1/24/2012 01/24/2012 House Committee on Economic and Business Development Refer Amended to Appropriations
2/6/2012 02/06/2012 House Committee on Appropriations Refer Unamended to House Committee of the Whole
2/8/2012 02/08/2012 House Second Reading Passed
2/9/2012 02/09/2012 House Third Reading Passed
2/13/2012 02/13/2012 Introduced In Senate - Assigned to Finance
2/13/2012 02/13/2012 Introduced In Senate - Assigned to Finance + Appropriations
2/23/2012 02/23/2012 Senate Committee on Finance Refer Amended to Appropriations
3/2/2012 03/02/2012 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
3/6/2012 03/06/2012 Senate Second Reading Laid Over Daily
3/9/2012 03/09/2012 Senate Second Reading Passed with Amendments
3/12/2012 03/12/2012 Senate Third Reading Passed
3/13/2012 03/13/2012 House Considered Senate Amendments - Result was to Laid Over Daily
5/1/2012 05/01/2012 House Considered Senate Amendments - Result was to Concur - Repass
5/7/2012 05/07/2012:25 PM 04:20 Signed by the Speaker of the House
5/8/2012 05/08/2012 Sent to the Governor
5/8/2012 05/08/2012:19 PM 04:10 Signed by the President of the Senate
5/17/2012 05/17/2012 Governor Action - Signed

Fiscal Note

BILL HB12-1010

GOVERNOR SIGNED ON 3/15. CWC State Affairs decided to Support on 1/17.

Position: Support

CONCERNING THE REISSUANCE OF A LOST SHARE CERTIFICATE OF A MUTUAL DITCH COMPANY.
Sponsors: BAUMGARDNER / GIRON

H.B. 12-1010 Mutual ditch company - share certificate - reissuance. If a person loses a mutual ditch share certificate, the person may file with the mutual ditch company a request for reissuance of the certificate, but current law requires the company to wait for 3 years before issuing a replacement certificate. The act eliminates the 3-year period and specifies that a person who is named in the books of the company as a lienholder on the lost certificate is also entitled to file a request for reissuance of a lost certificate. APPROVED by Governor March 15, 2012 EFFECTIVE August 8, 2012 NOTE: This act was passed without a safety clause.

Status
1/11/2012 01/11/2012 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources
1/23/2012 01/23/2012 House Committee on Agriculture, Livestock, & Natural Resources Refer Unamended to House Committee of the Whole
1/26/2012 01/26/2012 House Second Reading Passed
1/27/2012 01/27/2012 House Third Reading Laid Over Daily
1/30/2012 01/30/2012 House Third Reading Passed
2/1/2012 02/01/2012 Introduced In Senate - Assigned to Agriculture, Natural Resources, and Energy
2/23/2012 02/23/2012 Senate Committee on Agriculture, Natural Resources, and Energy Refer Unamended - Consent Calendar to Senate Committee of the Whole
2/28/2012 02/28/2012 Senate Second Reading Passed
2/29/2012 02/29/2012 Senate Third Reading Passed
3/7/2012 03/07/2012:03 PM 04:10 Signed by the President of the Senate
3/7/2012 03/07/2012 Sent to the Governor
3/7/2012 03/07/2012:43 PM 04:20 Signed by the Speaker of the House
3/15/2012 03/15/2012 Governor Action - Signed

Fiscal Note

BILL HB12-1012

Moved to list of monitored bills that could be called up for CWC State Affairs consideration.

Position: Monitor

CONCERNING AUTHORIZATION FOR REIMBURSEMENT FOR UP TO FIFTY THOUSAND DOLLARS OF ACTUAL, REASONABLE, AND NECESSARY BUSINESS REESTABLISHMENT EXPENSES TO BE PAID BY A STATE AGENCY IN CONNECTION WITH THE REESTABLISHMENT OF AN OPERATION DISPLACED BY THE AGENCY.
Sponsors: WILLIAMS A. / GUZMAN

The bill increases from $10,000 to $50,000 the maximum amount of actual reasonable expenses to be paid by a state agency in connection with the reestablishment at a new site of a farm, nonprofit organization, or small business displaced by the agency.

Status
1/11/2012 01/11/2012 Introduced In House - Assigned to Transportation
1/11/2012 01/11/2012 Introduced In House - Assigned to Transportation + Appropriations
2/2/2012 02/02/2012 House Committee on Transportation Refer Amended to Appropriations
2/17/2012 02/17/2012 House Committee on Appropriations Refer Unamended to House Committee of the Whole
2/21/2012 02/21/2012 House Second Reading Passed with Amendments
2/22/2012 02/22/2012 House Third Reading Passed
2/24/2012 02/24/2012 Introduced In Senate - Assigned to Transportation
3/13/2012 03/13/2012 Senate Committee on Transportation Refer Amended to Appropriations
3/23/2012 03/23/2012 Senate Committee on Appropriations Refer Unamended - Consent Calendar to Senate Committee of the Whole
3/27/2012 03/27/2012 Senate Second Reading Laid Over Daily
3/28/2012 03/28/2012 Senate Second Reading Passed with Amendments
3/29/2012 03/29/2012 Senate Third Reading Passed
4/2/2012 04/02/2012 House Considered Senate Amendments - Result was to Laid Over Daily
5/1/2012 05/01/2012 House Considered Senate Amendments - Result was to Concur - Repass
5/2/2012 05/02/2012:00 PM 04:20 Signed by the Speaker of the House
5/3/2012 05/03/2012 Sent to the Governor
5/3/2012 05/03/2012:17 AM 04:10 Signed by the President of the Senate
5/3/2012 05/03/2012 Governor Action - Signed

Fiscal Note

BILL HB12-1022

GOVERNOR SIGNED on 3/15. CWC State Affairs decided to Support on 1/17.

Position: Support

CONCERNING THE AMOUNT OF WATER THAT PERMITTED MINING OPERATIONS THAT CONSTRUCT IMPERMEABLE AREAS THAT ELIMINATE PREEXISTING NATURAL EVAPOTRANSPIRATION ARE REQUIRED TO REPLACE.
Sponsors: SONNENBERG / SCHWARTZ

Water Resources Review Committee. Some mining operations construct impermeable areas that capture precipitation and eliminate preexisting natural evapotranspiration. Current law requires that the portion of the captured precipitation that historically reached the stream must be replaced to prevent injury to senior water rights. However, capturing the amount of water that was lost through plant transpiration or evaporation does not increase the actual stream depletions caused by the mining operation because the evapotranspiration did not historically reach the stream. Current law does not give the mine operator any credit for this reduction in evapotranspiration when calculating the obligation to replace stream depletions unless it is a sand and gravel mine. The bill specifies that for all permitted mining operations, there will be no requirement to replace the amount of historic natural depletion to the waters of the state that was caused by the preexisting natural evapotranspiration on the surface of an area that will be, or that has been, eliminated or made impermeable.

Status
1/11/2012 01/11/2012 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources
1/23/2012 01/23/2012 House Committee on Agriculture, Livestock, & Natural Resources Refer Unamended to House Committee of the Whole
1/26/2012 01/26/2012 House Second Reading Passed
1/27/2012 01/27/2012 House Third Reading Laid Over Daily
1/30/2012 01/30/2012 House Third Reading Passed
2/1/2012 02/01/2012 Introduced In Senate - Assigned to Agriculture, Natural Resources, and Energy
2/23/2012 02/23/2012 Senate Committee on Agriculture, Natural Resources, and Energy Refer Unamended - Consent Calendar to Senate Committee of the Whole
2/28/2012 02/28/2012 Senate Second Reading Passed
2/29/2012 02/29/2012 Senate Third Reading Passed
3/7/2012 03/07/2012:30 PM 04:10 Signed by the President of the Senate
3/7/2012 03/07/2012 Sent to the Governor
3/7/2012 03/07/2012:10 PM 04:20 Signed by the Speaker of the House
3/15/2012 03/15/2012 Governor Action - Signed

Fiscal Note

BILL HB12-1024

Postponed Indefinitely in Senate State Affairs on 2/29.

Position: Monitor

CONCERNING A REQUIREMENT THAT THE BALLOT TITLE OF A STATEWIDE MEASURE BE WRITTEN IN PLAIN LANGUAGE.
Sponsors: SZABO

Section 1 of the bill requires the title board, when setting a title for a proposed initiated law or constitutional amendment, to write the title, to the extent possible, in plain, nontechnical language and in a clear and coherent manner using words with common and everyday meaning that are understandable to the average reader. Section 2 requires the same standard for the ballot title of a statewide referred measure.

Status
1/11/2012 01/11/2012 Introduced In House - Assigned to State, Veterans, & Military Affairs
2/2/2012 02/02/2012 House Committee on State, Veterans, & Military Affairs Refer Unamended to House Committee of the Whole
2/8/2012 02/08/2012 House Second Reading Laid Over Daily
2/9/2012 02/09/2012 House Second Reading Passed
2/10/2012 02/10/2012 House Third Reading Passed
2/14/2012 02/14/2012 Introduced In Senate - Assigned to State, Veterans & Military Affairs
2/29/2012 02/29/2012 Senate Committee on State, Veterans & Military Affairs Postpone Indefinitely

Fiscal Note

BILL HB12-1028

GOVERNOR SIGNED ON 3/24. CWC State Affairs decided to Take No Position on 1/17.

Position: Monitor

CONCERNING THE CONTINUATION OF ENERGY-RELATED ASSISTANCE TO LOW-INCOME HOUSEHOLDS FROM THE OPERATIONAL ACCOUNT OF THE SEVERANCE TAX TRUST FUND.
Sponsors: GEROU / STEADMAN

The bill extends the funding from the operational account of the severance tax trust fund used for providing energy-related assistance to low-income households through direct bill payment assistance and home energy-efficiency improvements from only state fiscal year 2012-13 to state fiscal years 2012-13 through 2018-19.

Status
1/11/2012 01/11/2012 Introduced In House - Assigned to Finance
1/18/2012 01/18/2012 House Committee on Finance Refer Unamended to House Committee of the Whole
1/24/2012 01/24/2012 House Second Reading Laid Over to 01/26/2012
1/26/2012 01/26/2012 House Second Reading Passed
1/27/2012 01/27/2012 House Third Reading Laid Over Daily
1/30/2012 01/30/2012 House Third Reading Passed
2/1/2012 02/01/2012 Introduced In Senate - Assigned to Health and Human Services
3/8/2012 03/08/2012 Senate Committee on Health and Human Services Refer Unamended to Senate Committee of the Whole
3/13/2012 03/13/2012 Senate Second Reading Passed
3/14/2012 03/14/2012 Senate Third Reading Passed
3/21/2012 03/21/2012:54 PM 04:20 Signed by the Speaker of the House
3/22/2012 03/22/2012 Sent to the Governor
3/22/2012 03/22/2012:56 AM 04:10 Signed by the President of the Senate
3/24/2012 03/24/2012 Governor Action - Signed

Fiscal Note

BILL HB12-1032

GOVERNOR SIGNED ON 3/24. CWC State Affairs Committee decided to Support on 1/23.

Position: Support

CONCERNING CONTINUATION OF FORESTRY-RELATED PROGRAMS, AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
Sponsors: HAMNER / NICHOLSON

H.B. 12-1032 Colorado state university - state forest service - forest restoration program - appropriation. The act continues the forest restoration program, and its associated funding from severance taxes, for 5 years and specifies that the program is no longer a pilot program. The act also extends for 5 years the annual transfers from the operational account of the severance tax trust fund of $1.45 million to the healthy forests and vibrant communities fund and $50,000 to the wildland-urban interface training fund, and the $50,000 is appropriated to the department of public safety. APPROVED by Governor March 24, 2012 EFFECTIVE March 24, 2012

Status
1/11/2012 01/11/2012 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources
1/11/2012 01/11/2012 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources + Appropriations
1/23/2012 01/23/2012 House Committee on Agriculture, Livestock, & Natural Resources Refer Unamended to Appropriations
2/6/2012 02/06/2012 House Committee on Appropriations Refer Amended to House Committee of the Whole
2/8/2012 02/08/2012 House Second Reading Passed with Amendments
2/9/2012 02/09/2012 House Third Reading Passed
2/13/2012 02/13/2012 Introduced In Senate - Assigned to Agriculture, Natural Resources, and Energy
2/13/2012 02/13/2012 Introduced In Senate - Assigned to Agriculture, Natural Resources, and Energy + Appropriations
2/23/2012 02/23/2012 Senate Committee on Agriculture, Natural Resources, and Energy Refer Amended to Appropriations
3/2/2012 03/02/2012 Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
3/6/2012 03/06/2012 Senate Second Reading Laid Over Daily
3/8/2012 03/08/2012 Senate Second Reading Passed with Amendments
3/9/2012 03/09/2012 Senate Third Reading Passed
3/12/2012 03/12/2012 House Considered Senate Amendments - Result was to Lay Over Daily
3/14/2012 03/14/2012 House Considered Senate Amendments - Result was to Laid Over Daily
3/15/2012 03/15/2012 House Considered Senate Amendments - Result was to Concur - Repass
3/21/2012 03/21/2012:28 PM 04:20 Signed by the Speaker of the House
3/22/2012 03/22/2012 Sent to the Governor
3/22/2012 03/22/2012:46 AM 04:10 Signed by the President of the Senate
3/24/2012 03/24/2012 Governor Action - Signed

Fiscal Note

BILL HB12-1078

GOVERNOR SIGNED ON 3/22. CWC State Affairs decided to Support on 1/17.

Position: Support

CONCERNING THE EXEMPTION OF DRINKING WATER TREATMENT FACILITIES FROM THE REQUIREMENT TO OBTAIN A CERTIFICATE OF DESIGNATION.
Sponsors: VIGIL / SCHWARTZ

H.B. 12-1078 Solid wastes - disposal site and facility - certificate of designation - exemption for drinking water treatment facilities. Current law requires a drinking water treatment facility that stores, treats, or processes solid wastes originating at the facility to get a certificate of designation from the local municipality or board of county commissioners. Such facilities are regulated by both the solid and hazardous waste commission and the water quality control commission. The act exempts these facilities from the requirement to get a certificate of designation as a solid wastes disposal site and facility regardless of when the solid wastes were handled, and allows a drinking water treatment facility to dispose of drinking water treatment residuals that were generated on-site on the facility's property in compliance with the rules of the solid and hazardous waste commission for waste impoundments and solid wastes disposal. APPROVED by Governor March 22, 2012 EFFECTIVE August 8, 2012 NOTE: This act was passed without a safety clause.

Status
1/11/2012 01/11/2012 Introduced In House - Assigned to Local Government
1/18/2012 01/18/2012 House Committee on Local Government Refer Unamended to House Committee of the Whole
1/24/2012 01/24/2012 House Second Reading Passed with Amendments
1/25/2012 01/25/2012 House Third Reading Passed
1/31/2012 01/31/2012 Introduced In Senate - Assigned to Agriculture, Natural Resources, and Energy
2/9/2012 02/09/2012 Senate Committee on Agriculture, Natural Resources, and Energy Refer Amended - Consent Calendar to Senate Committee of the Whole
2/14/2012 02/14/2012 Senate Second Reading Laid Over Daily
2/15/2012 02/15/2012 Senate Second Reading Passed with Amendments
2/16/2012 02/16/2012 Senate Third Reading Passed
2/20/2012 02/20/2012 House Considered Senate Amendments - Result was to Laid Over Daily
2/20/2012 02/20/2012 House Considered Senate Amendments - Result was to Lay Over Daily
3/9/2012 03/09/2012 House Considered Senate Amendments - Result was to Concur - Repass
3/16/2012 03/16/2012:54 PM 04:20 Signed by the Speaker of the House
3/19/2012 03/19/2012 Sent to the Governor
3/19/2012 03/19/2012:19 AM 04:10 Signed by the President of the Senate
3/22/2012 03/22/2012 Governor Action - Signed

Fiscal Note

BILL HB12-1082

Postponed Indefinitely in House Local Government on 1/25.

CONCERNING THE PAYMENT OF PREVAILING COMPENSATION FOR WORKERS ON PUBLIC WORKS.
Sponsors: SOPER

The bill requires a contractor awarded a contract for a public works by a state agency in excess of $100,000, and each subcontractor that works thereon, to:
* Pay workers at least the prevailing wages and fringe benefits, as established pursuant to federal law. The requirement for the payment of prevailing wages and fringe benefits must be included in a contract for a public works.
* Post the prevailing wages and fringe benefits;
* Pay workers at least once a week;
* Furnish payroll records to the director of the division of labor in the department of labor and employment (director); and
* File a written statement to the state agency certifying the amount of unpaid prevailing wages and fringe benefits. With respect to any failure to pay prevailing wages and fringe benefits, the bill:
* Establishes penalties, including termination of the contract, withholding contract payments, and civil penalties;
* Establishes a private right of action;
* Requires the director to publish a list of contractors and subcontractors who willfully fail to make such payments and to debar a contractor or subcontractor for multiple violations within a 3-year period; and
* Prohibits a contractor or subcontractor from discriminating against a worker for asserting rights or for participating in an action by the director. The director is authorized to investigate whether workers on a public works are being paid prevailing wages and fringe benefits. Appropriations for these investigations shall be made from moneys in the newly created prevailing wage enforcement fund, which shall include revenue from certain penalties paid by contractors or subcontractors. The bill specifies that the prevailing wage and fringe benefits requirement will not interfere with workers' right to bargain collectively.

Status
1/17/2012 01/17/2012 Introduced In House - Assigned to Local Government
1/25/2012 01/25/2012 House Committee on Local Government Postpone Indefinitely

Fiscal Note

BILL HB12-1089

GOVERNOR SIGNED ON 3/24. Moved to list of monitored bills that could be called up for CWC State Affairs consideration.

Position: Monitor

CONCERNING THE SPECIFIC WORDING RELATED TO A STATEWIDE BALLOT TITLE.
Sponsors: COURT / STEADMAN

H.B. 12-1089 Initiative - referred measure - ballot title language - responses. For a statewide ballot title for an initiated or referred measure, section 2 of the act requires a proposition to be described in a ballot title as a "change to the Colorado Revised Statutes" and an amendment to be described as an "amendment to the Colorado constitution". Section 3 of the act expands the "yes" and "no" responses to a ballot title that are currently used on the ballot to "YES/FOR" and "NO/AGAINST". APPROVED by Governor March 24, 2012 PORTIONS EFFECTIVE March 24, 2012 PORTIONS EFFECTIVE January 1, 2013

Status
1/17/2012 01/17/2012 Introduced In House - Assigned to State, Veterans, & Military Affairs
2/2/2012 02/02/2012 House Committee on State, Veterans, & Military Affairs Refer Unamended to House Committee of the Whole
2/8/2012 02/08/2012 House Second Reading Laid Over Daily
2/10/2012 02/10/2012 House Second Reading Passed
2/13/2012 02/13/2012 House Third Reading Passed
2/14/2012 02/14/2012 Introduced In Senate - Assigned to State, Veterans & Military Affairs
2/29/2012 02/29/2012 Senate Committee on State, Veterans & Military Affairs Refer Amended to Senate Committee of the Whole
3/6/2012 03/06/2012 Senate Second Reading Laid Over Daily
3/8/2012 03/08/2012 Senate Second Reading Passed with Amendments
3/9/2012 03/09/2012 Senate Third Reading Passed
3/14/2012 03/14/2012 House Considered Senate Amendments - Result was to Laid Over Daily
3/15/2012 03/15/2012 House Considered Senate Amendments - Result was to Concur - Repass
3/21/2012 03/21/2012:40 PM 04:20 Signed by the Speaker of the House
3/22/2012 03/22/2012 Sent to the Governor
3/22/2012 03/22/2012:15 AM 04:10 Signed by the President of the Senate
3/24/2012 03/24/2012 Governor Action - Signed

Fiscal Note

BILL HB12-1107

Postponed Indefinitely in House Ag Committee on 2/15.

CONCERNING AN EXEMPTION FROM THE EXCAVATION REQUIREMENTS FOR THE GRAND VALLEY DRAINAGE DISTRICT.
Sponsors: SCOTT

The bill allows the board of directors of the grand valley drainage district to adopt a resolution exempting the district and the district's maintenance efforts from excavation requirements.

Status
1/20/2012 01/20/2012 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources
2/15/2012 02/15/2012 House Committee on Agriculture, Livestock, & Natural Resources Postpone Indefinitely

Fiscal Note

BILL HB12-1119

CWC State Affairs Committee Consideration on 3/19. Amendment was added as requested by the Water Congress that might limit the ability of the State Engineer to impose fines for enforcement of their orders.

Position: Amend

CONCERNING LIMITATIONS ON THE IMPOSITION OF FINES BY STATE AGENCIES FOR MINOR VIOLATIONS, AND, IN CONNECTION THEREWITH, DEFINING A MINOR VIOLATION AS AN INSPECTION-RELATED OR PAPERWORK VIOLATION OF STATE LAW OR STATE AGENCY RULE THAT DOES NOT HARM OR THREATEN PUBLIC HEALTH OR SAFETY AND REQUIRING A STATE AGENCY TO PROVIDE A VIOLATOR WITH NOTICE AND AN OPPORTUNITY TO CURE A MINOR VIOLATION BEFORE IMPOSING A FINE.
Sponsors: CORAM / GIRON

The bill limits the discretion of a state executive branch agency to impose a fine for a minor violation of a state law or a state agency rule by prohibiting an agency from:
* Imposing a fine for a minor violation that is an inspection-related violation if the violator made a reasonable good faith effort to comply with the state law or state agency rule that it violated unless:
* The state agency provides written notice of the violation to the violator within 20 business days of the date of the inspection; and
* The violator fails to remedy the violation within 20 business days of receiving the notice.
* Imposing a fine for a minor violation that is a paperwork violation unless:
* The state agency provides written notice of the violation to the violator within 90 business days after the violator committed the violation by missing a filing deadline or filing an erroneous form or other filing; and
* The violator fails to remedy the violation within 90 business days of receiving the notice of the violation.

Status
1/20/2012 01/20/2012 Introduced In House - Assigned to Economic and Business Development
3/8/2012 03/08/2012 House Committee on Economic and Business Development Refer Amended to Finance
3/22/2012 03/22/2012 House Committee on Finance Witness Testimony and/or Committee Discussion Only
3/28/2012 03/28/2012 House Committee on Finance Refer Amended to Appropriations
4/17/2012 04/17/2012 House Committee on Appropriations Refer Amended to House Committee of the Whole
4/19/2012 04/19/2012 House Second Reading Laid Over Daily
5/1/2012 05/01/2012 House Second Reading Passed with Amendments
5/3/2012 05/03/2012 House Third Reading Passed
5/4/2012 05/04/2012 Introduced In Senate - Assigned to Health and Human Services
5/4/2012 05/04/2012 Senate Committee on Health and Human Services Refer Unamended to Finance
5/7/2012 05/07/2012 Senate Committee on Finance Refer Unamended - Consent Calendar to Senate Committee of the Whole
5/8/2012 05/08/2012 Senate Second Reading Special Order - Passed
5/9/2012 05/09/2012 Senate Third Reading Passed
5/17/2012 05/17/2012:15 PM 04:20 Signed by the Speaker of the House
5/17/2012 05/17/2012:26 PM 04:10 Signed by the President of the Senate
5/18/2012 05/18/2012 Sent to the Governor
6/6/2012 06/06/2012 Governor Action - Signed

Fiscal Note

BILL HB12-1122

Postponed Indefinitely in House Ag Committee on 2/13.

Position: Monitor

CONCERNING INCENTIVES TO MINIMIZE THE DISPOSAL OF MEDICATIONS IN WATER, AND, IN CONNECTION THEREWITH, REQUIRING A POST-ENACTMENT REVIEW OF THE IMPLEMENTATION OF THIS ACT.
Sponsors: WILSON

Current law allows for the disposal of unwanted medication in landfills and state waters. The bill creates a locally run medication take-back program to divert this waste from water disposal and to minimize the inadvertent or inappropriate use of medications. The division of administration in the department of public health and environment will use gifts, grants, and donations to make grants to local public or private entities that wish to offer a medication take-back program. The collected medication must be disposed of safely. Immunity is provided for the sponsors of the local program. The solid and hazardous waste commission may promulgate rules for the program, including for public education. Effective January 1, 2017, the disposal of medication in water is prohibited. The general assembly's legislative service agencies will conduct a post-enactment review of the bill by July 1, 2017.

Status
1/20/2012 01/20/2012 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources
2/13/2012 02/13/2012 House Committee on Agriculture, Livestock, & Natural Resources Postpone Indefinitely

Fiscal Note

BILL HB12-1126

Moved to list of monitored bills that could be called up for CWC State Affairs consideration.

Position: Monitor

CONCERNING ON-SITE WASTEWATER TREATMENT SYSTEMS.
Sponsors: GEROU

The bill modernizes and simplifies the laws related to individual sewage treatment systems. Section 1 of the bill:
* Replaces the terms "individual sewage disposal system" (or "ISDS") with "on-site wastewater treatment system" (or "OWTS") and updates other OWTS-related terms and definitions;
* Eliminates references to disposal of sewage to more accurately convey that sewage is treated;
* Explicitly authorizes performance-based approaches to the regulation of OWTSs;
* Requires the division of administration in the department of public health and environment (department) to periodically advise the water quality control commission (commission) in the department regarding whether the commission should consider adopting new rules to reflect scientific advances in OWTSs;
* Removes specific topics and parameters for which the commission and local boards of health are required to promulgate rules, thus allowing those entities greater regulatory flexibility to regulate OWTSs;
* Reorganizes existing law for increased clarity, including relocating provisions pertaining to the issuance of variances from OWTS rules;
* Withdraws from local boards of health, and places within the purview of the commission, the authority to specify by rule mandatory tests that must be performed on OWTSs and allows local boards of health to adopt rules requiring additional studies;
* Strikes references to a distinct "emergency use permit" and instead incorporates the ability of a local public health agency to allow use of a malfunctioning OWTS under the terms of, and concurrent with, a repair permit;
* Condenses language pertaining to fees that a local board of health may collect for OWTS-related services, and allows the amount of such fees to be sufficient to offset the indirect costs (in addition to direct costs) incurred; and
* Repeals specific provisions relating to, while reaffirming, the authority of a local board of health to prohibit permits for an OWTS when the OWTS will constitute a hazard to public health or water quality. Sections 2 through 8 contain conforming amendments.

Status
1/20/2012 01/20/2012 Introduced In House - Assigned to Health and Environment
1/20/2012 01/20/2012 Introduced In House - Assigned to Health and Environment + Appropriations
2/16/2012 02/16/2012 House Committee on Health and Environment Refer Amended to Appropriations
3/2/2012 03/02/2012 House Committee on Appropriations Refer Amended to House Committee of the Whole
3/5/2012 03/05/2012 House Second Reading Special Order - Passed with Amendments
3/6/2012 03/06/2012 House Third Reading Passed
3/13/2012 03/13/2012 Introduced In Senate - Assigned to Health and Human Services
3/22/2012 03/22/2012 Senate Committee on Health and Human Services Refer Unamended to Appropriations
4/3/2012 04/03/2012 Senate Committee on Appropriations Refer Unamended - Consent Calendar to Senate Committee of the Whole
4/5/2012 04/05/2012 Senate Second Reading Laid Over Daily
4/9/2012 04/09/2012 Senate Second Reading Passed
4/10/2012 04/10/2012 Senate Third Reading Passed
4/19/2012 04/19/2012:13 AM 04:20 Signed by the Speaker of the House
4/19/2012 04/19/2012:24 PM 04:10 Signed by the President of the Senate
4/19/2012 04/19/2012 Sent to the Governor
4/26/2012 04/26/2012 Governor Action - Signed

Fiscal Note

BILL HB12-1161

CWC State Affairs decided to Support on 2/13. The Committee recognized the potential need for amendments to the original bill.

Position: Support

CONCERNING SCIENTIFIC REVIEW OF WATER QUALITY RULES REGULATING NUTRIENTS.
Sponsors: LOOPER / KING K.

The bill establishes a nutrients scientific advisory board, appointed by leadership of the general assembly, to review proposed numeric water quality nutrient standards regulating nitrogen and phosphorus to determine how the proposed rules comply with an executive order; reflect active stakeholder participation; fully consider a cost-benefit study; are structured to avoid unnecessary regulation and minimize the fiscal impact to state agencies and local governments; and are designed to address basin-specific conditions. The advisory board will deliver a report to the water quality control commission and the general assembly by February 1, 2013. The commission cannot adopt the proposed rule until the rule is approved by the general assembly acting by bill.

Status
1/20/2012 01/20/2012 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources
3/12/2012 03/12/2012 House Committee on Agriculture, Livestock, & Natural Resources Refer Amended to Appropriations
3/23/2012 03/23/2012 House Committee on Appropriations Refer Unamended to House Committee of the Whole
3/27/2012 03/27/2012 House Second Reading Laid Over Daily
3/29/2012 03/29/2012 House Second Reading Passed with Amendments
3/30/2012 03/30/2012 House Third Reading Laid Over Daily
4/18/2012 04/18/2012 House Third Reading Passed
4/18/2012 04/18/2012 Introduced In Senate - Assigned to Agriculture, Natural Resources, and Energy
5/3/2012 05/03/2012 Senate Committee on Agriculture, Natural Resources, and Energy Postpone Indefinitely

Fiscal Note

BILL HB12-1173

Postponed Indefinitely in House Ag on 2/6.

CONCERNING RESTRICTIONS ON THE USE OF OPEN PITS IN CONNECTION WITH HYDRAULIC FRACTURING.
Sponsors: WILSON

On or after July 1, 2014, an oil and gas operator may not use, store, or dispose of hydraulic fracturing fluids or flow-back from a hydraulic fracturing treatment in an open pit and must use a closed-loop system for hydraulic fracturing treatments. However, the oil and gas conservation commission may approve the use of open pits where the commission determines there is no risk to occupied structures or water sources, and operators can use open pits if the fluids are clean enough to discharge directly into state waters without a permit.

Status
1/20/2012 01/20/2012 Introduced In House - Assigned to Local Government
2/6/2012 02/06/2012 House Committee on Local Government Postpone Indefinitely

Fiscal Note

BILL HB12-1175

Postponed Indefinitely in Senate Health and Human Service on 3/22.

Position: Monitor

CONCERNING THE ENCOURAGEMENT OF A STATE AGENCY TO PURSUE COLORADO-SPECIFIC SOLUTIONS IN LIEU OF FEDERAL REGULATION WHENEVER POSSIBLE, AND, IN CONNECTION THEREWITH, REQUIRING A STATE AGENCY TO REPORT ANNUALLY REGARDING OPPORTUNITIES FOR WAIVER FROM NEWLY ADOPTED FEDERAL REGULATIONS.
Sponsors: STEPHENS / CADMAN

For newly adopted federal laws, rules, and regulations (regulations) that expressly or implicitly allow a state to opt out of the regulations, the bill encourages a Colorado state agency (agency) that is potentially impacted by, subject to, or charged with administering the rule to seek such waiver. An agency is required to report annually to the general assembly regarding the agency's opportunities for and attempts at obtaining such waivers.

Status
1/20/2012 01/20/2012 Introduced In House - Assigned to Economic and Business Development
2/28/2012 02/28/2012 House Committee on Economic and Business Development Refer Unamended to House Committee of the Whole
3/2/2012 03/02/2012 House Second Reading Laid Over Daily
3/5/2012 03/05/2012 House Second Reading Special Order - Passed
3/6/2012 03/06/2012 House Third Reading Laid Over Daily
3/9/2012 03/09/2012 House Third Reading Passed
3/13/2012 03/13/2012 Introduced In Senate - Assigned to Health and Human Services
3/22/2012 03/22/2012 Senate Committee on Health and Human Services Postpone Indefinitely

Fiscal Note

BILL HB12-1239

Moved to list of monitored bills that could be called up for CWC State Affairs consideration.

Position: Monitor

CONCERNING THE AMOUNT OF APPROVAL REQUIRED FOR CERTAIN SPECIAL DISTRICT ACTIONS, AND, IN CONNECTION THEREWITH, ALLOWING PERSONS WHO OWN PROPERTY THAT IS OUTSIDE THE BOUNDARIES OF A SPECIAL DISTRICT BUT WITHIN THE EXISTING OR PROPOSED SERVICE AREA OF THE SPECIAL DISTRICT TO VOTE IN SPECIAL DISTRICT ELECTIONS, ALLOWING A SPECIAL DISTRICT TO EXPAND ITS SERVICE AREA INTO A NEW COUNTY ONLY WITH THE APPROVAL OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY, AND INCREASING THE PERCENTAGE OF THE TAXPAYING ELECTORS OF A PROPOSED METROPOLITAN DISTRICT WHO MUST SIGN A PETITION FOR ORGANIZATION OF THE DISTRICT.
Sponsors: VAAD

H.B. 12-1239 Domestic water or sanitary sewer service - provision by special district - requirement of county approval for expansion of service area. The act prohibits a special district from furnishing domestic water or sanitary sewer service directly to residents and property owners in unincorporated territory of a county that has not approved the district's service plan unless the district notifies the board of county commissioners of the county of its plan to furnish the service and the board approves the plan. The board may hold a public hearing and reasonably require the district to provide information and data before approving such a plan. The board must also provide public notice of such a plan in the district's proposed expanded service area and allow any owner of property in the proposed expanded service area to request to be excluded from the area. The requirements of the act do not apply if: A district provides domestic water or sanitary sewer service only to private property owners who have agreed in writing to receive such service; A district provides domestic water or sanitary sewer service within the boundaries of another governmental entity pursuant to an intergovernmental agreement; A district provides storm drainage or storm sewer services within the county into which expansion is proposed; or As of May 11, 2012, the district is providing or has been approved to provide domestic water service or sanitary sewer service within the unincorporated area of the county into which expansion is proposed. APPROVED by Governor May 11, 2012 EFFECTIVE May 11, 2012

Status
2/7/2012 02/07/2012 Introduced In House - Assigned to Local Government
2/27/2012 02/27/2012 House Committee on Local Government Refer Amended to House Committee of the Whole
3/1/2012 03/01/2012 House Second Reading Laid Over Daily
3/2/2012 03/02/2012 House Second Reading Passed with Amendments
3/5/2012 03/05/2012 House Third Reading Passed
3/9/2012 03/09/2012 Introduced In Senate - Assigned to Judiciary
3/19/2012 03/19/2012 Senate Committee on Judiciary Refer Amended to Senate Committee of the Whole
3/22/2012 03/22/2012 Senate Second Reading Laid Over Daily
3/26/2012 03/26/2012 Senate Second Reading Passed with Amendments
3/27/2012 03/27/2012 Senate Third Reading Passed
3/30/2012 03/30/2012 House Considered Senate Amendments - Result was to Laid Over Daily
4/30/2012 04/30/2012 House Considered Senate Amendments - Result was to Concur - Repass
5/2/2012 05/02/2012:33 PM 04:20 Signed by the Speaker of the House
5/3/2012 05/03/2012 Sent to the Governor
5/3/2012 05/03/2012:33 AM 04:10 Signed by the President of the Senate
5/11/2012 05/11/2012 Governor Action - Signed

Fiscal Note

BILL HB12-1255

CWC State Affairs Committee decided to Oppose on 3/5.

Position: Oppose

CONCERNING ENDING THE CONTINUOUS APPROPRIATION OF STATE MONEYS.
Sponsors: BAUMGARDNER

Beginning on July 1, 2012, the bill ends all continuous appropriations from the general fund or any cash fund to any state agency. The general assembly is required to annually appropriate the moneys that were previously continuously appropriated, and it is prohibited from continuously appropriating moneys to a state agency in the future.

Status
2/7/2012 02/07/2012 Introduced In House - Assigned to Appropriations
5/8/2012 05/08/2012 House Committee on Appropriations Refer Amended to House Committee of the Whole

Fiscal Note

BILL HB12-1278

CWC State Affairs Committee decided to Oppose on 2/13. However, the Committee is supportive of additional ground water studies on the South Platte basin.

Position: Oppose

CONCERNING GROUNDWATER IN THE SOUTH PLATTE RIVER BASIN.
Sponsors: FISCHER

The bill authorizes a study of the interaction between the South Platte alluvial aquifer and surface streams. It also authorizes the state engineer to respond to damaging conditions caused by high groundwater levels in water division 1 in the following manners:
* Approve temporary substitute water supply plans that do not require the replacement of all out-of-priority depletions when deemed necessary to remedy adverse conditions caused by high groundwater levels;
* Permit out-of-priority well pumping without requiring replacement of depletions;
* Request that the water judge for water division 1 use the retained jurisdiction provisions to reconsider augmentation plan decrees based on information obtained from the authorized study; and
* Withhold approval for new recharge projects until completion of the authorized study.

Status
2/7/2012 02/07/2012 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources
2/7/2012 02/07/2012 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources + Appropriations
2/20/2012 02/20/2012 House Committee on Agriculture, Livestock, & Natural Resources Refer Amended to Appropriations
4/20/2012 04/20/2012 House Committee on Appropriations Re-Refer Unamended to Agriculture, Livestock, & Natural Resources
4/23/2012 04/23/2012 House Committee on Agriculture, Livestock, & Natural Resources Re-Refer Amended to Appropriations
4/27/2012 04/27/2012 House Committee on Appropriations Refer Amended to House Committee of the Whole
5/1/2012 05/01/2012 House Second Reading Laid Over Daily
5/7/2012 05/07/2012 House Second Reading Passed with Amendments
5/8/2012 05/08/2012 House Third Reading Passed
5/8/2012 05/08/2012 Introduced In Senate - Assigned to Appropriations
5/8/2012 05/08/2012 Senate Committee on Appropriations Refer Amended to Legislative Council
5/8/2012 05/08/2012 Senate Committee on Legislative Council Refer Unamended to Senate Committee of the Whole
5/8/2012 05/08/2012 Senate Second Reading Special Order - Passed with Amendments
5/9/2012 05/09/2012 Senate Third Reading Passed
5/9/2012 05/09/2012 House Considered Senate Amendments - Result was to Concur - Repass
5/24/2012 05/24/2012:10 PM 04:20 Signed by the Speaker of the House
5/25/2012 05/25/2012:20 PM 04:10 Signed by the President of the Senate
5/25/2012 05/25/2012 Sent to the Governor
5/30/2012 05/30/2012 Governor Action - Signed

Fiscal Note

BILL HB12-1285

GOVERNOR SIGNED ON 4/6. CWC State Affairs Committee decided to Support on 2/13.

Position: Support

CONCERNING MODIFICATIONS TO STATUTORY PROVISIONS GOVERNING INTERGOVERNMENTAL COOPERATION TO ADDRESS WILDLAND FIRE MITIGATION WHERE A MUNICIPALITY OWNS LAND INSIDE A COUNTY FOR UTILITY PURPOSES.
Sponsors: GEROU / JAHN

H.B. 12-1285 Intergovernmental agreement between local governments and counties to mitigate forest land or wildland fires - requirements for municipalities that own any land area inside county for utility purposes - required consultation with utility providers with facilities in areas subject to agreement. If a municipality owns land for utility purposes either entirely or partially outside its own territorial boundaries and inside the territorial boundaries of a county and that contains at least 50% forest land or land that constitutes a wildland area, then, on or before July 1, 2012, the municipality shall either: Enter into an intergovernmental agreement with the county for the purpose of mitigating forest land or wildland fires affecting the contiguous land areas of the municipality and county; or Enter into an agreement with the Colorado state forest service for the purpose of mitigating forest land or wildland fires affecting the contiguous land areas of the municipality and county, and provide notification of the agreement to any county in which the municipality owns any land area. In association with the governmental parties entering into any intergovernmental agreement or agreement with the Colorado state forest service, the parties to the agreement are required to consult with any utility providers that have facilities in the areas subject to the agreement to the extent the provisions of the agreement will affect the providers. APPROVED by Governor April 6, 2012 EFFECTIVE April 6, 2012

Status
2/7/2012 02/07/2012 Introduced In House - Assigned to Local Government
2/20/2012 02/20/2012 House Committee on Local Government Refer Amended to House Committee of the Whole
2/22/2012 02/22/2012 House Second Reading Laid Over Daily
2/23/2012 02/23/2012 House Second Reading Laid Over Daily
2/24/2012 02/24/2012 House Second Reading Passed with Amendments
2/27/2012 02/27/2012 House Third Reading Passed
2/28/2012 02/28/2012 Introduced In Senate - Assigned to Local Government
3/13/2012 03/13/2012 Senate Committee on Local Government Refer Unamended - Consent Calendar to Senate Committee of the Whole
3/16/2012 03/16/2012 Senate Second Reading Laid Over Daily
3/19/2012 03/19/2012 Senate Second Reading Passed
3/20/2012 03/20/2012 Senate Third Reading Passed
3/30/2012 03/30/2012:32 PM 04:20 Signed by the Speaker of the House
4/2/2012 04/02/2012 Sent to the Governor
4/2/2012 04/02/2012:35 AM 04:10 Signed by the President of the Senate
4/6/2012 04/06/2012 Governor Action - Signed

Fiscal Note

BILL HB12-1317

Bill was amended as requested by the State Affairs Committee to require water expertise on the new Parks and Wildlife Board.

Position: Amend

CONCERNING THE CREATION OF THE PARKS AND WILDLIFE COMMISSION TO REPLACE THE PARKS AND WILDLIFE BOARD IN THE DEPARTMENT OF NATURAL RESOURCES, AND, IN CONNECTION THEREWITH, DESCRIBING THE COMPOSITION AND TERMS OF THE COMMISSION.
Sponsors: SONNENBERG / SCHWARTZ

Senate Bill 11-208 combined the wildlife entities and parks and outdoor recreation entities and functions under the department of natural resources. In so doing, the existing wildlife commission was merged with the existing board of parks and outdoor recreation to form the 16-member parks and wildlife board (board). Effective July 1, 2012, the bill replaces the board with the new parks and wildlife commission (commission). The commission is comprised of 11 voting members and 2 nonvoting ex officio members (the executive director of the department and the commissioner of the department of agriculture). The voting members are appointed by the governor with the consent of the senate and must represent various geographical regions in the state and certain areas of interest or knowledge. Initial term lengths are staggered to reduce the impact to the board that results from member turnover. The commission is required to submit a 5-year strategic plan to specified committees of reference. Components of the plan are specified.

Status
2/23/2012 02/23/2012 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources
3/7/2012 03/07/2012 House Committee on Agriculture, Livestock, & Natural Resources Refer Amended to Appropriations
3/23/2012 03/23/2012 House Committee on Appropriations Refer Amended to House Committee of the Whole
3/27/2012 03/27/2012 House Second Reading Laid Over Daily
4/16/2012 04/16/2012 House Second Reading Passed with Amendments
4/18/2012 04/18/2012 House Third Reading Passed
4/18/2012 04/18/2012 Introduced In Senate - Assigned to Agriculture, Natural Resources, and Energy
5/2/2012 05/02/2012 Senate Committee on Agriculture, Natural Resources, and Energy Refer Amended to Senate Committee of the Whole
5/7/2012 05/07/2012 Senate Second Reading Laid Over Daily
5/8/2012 05/08/2012 Senate Second Reading Laid Over Daily
5/8/2012 05/08/2012 Senate Second Reading Passed with Amendments
5/9/2012 05/09/2012 Senate Third Reading Passed
5/9/2012 05/09/2012 House Considered Senate Amendments - Result was to Concur - Repass
5/24/2012 05/24/2012:56 PM 04:20 Signed by the Speaker of the House
5/25/2012 05/25/2012:06 PM 04:10 Signed by the President of the Senate
5/25/2012 05/25/2012 Sent to the Governor
6/4/2012 06/04/2012 Governor Action - Signed

Fiscal Note

BILL HB12-1349

CWC State Affairs Possible Action on 4/23.

Position: Deliberating

CONCERNING THE SPECIES CONSERVATION TRUST FUND.
Sponsors: BAUMGARDNER / SCHWARTZ

The bill appropriates money from the species conservation trust fund (trust fund) for programs submitted by the executive director of the department of natural resources that are designed to conserve native species that have been listed as threatened or endangered under state or federal law, or are candidate species or are likely to become candidate species as determined by the United States fish and wildlife service. The bill combines the operation and maintenance account and the capital account of the trust fund.

Status
4/19/2012 04/19/2012 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources
4/30/2012 04/30/2012 House Committee on Agriculture, Livestock, & Natural Resources Refer Unamended to Appropriations
5/1/2012 05/01/2012 House Committee on Appropriations Refer Unamended to House Committee of the Whole
5/2/2012 05/02/2012 House Second Reading Special Order - Passed
5/3/2012 05/03/2012 House Third Reading Laid Over Daily
5/7/2012 05/07/2012 House Third Reading Passed
5/7/2012 05/07/2012 Introduced In Senate - Assigned to Agriculture, Natural Resources, and Energy
5/7/2012 05/07/2012 Senate Committee on Agriculture, Natural Resources, and Energy Refer Unamended to Appropriations
5/8/2012 05/08/2012 Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
5/8/2012 05/08/2012 Senate Second Reading Special Order - Passed
5/9/2012 05/09/2012 Senate Third Reading Passed
5/24/2012 05/24/2012:47 PM 04:20 Signed by the Speaker of the House
5/25/2012 05/25/2012:02 PM 04:10 Signed by the President of the Senate
5/25/2012 05/25/2012 Sent to the Governor
6/8/2012 06/08/2012 Governor Action - Signed

Fiscal Note

BILL SB12-006

Postponed Indefinitely in Senate Appropriations on 3/9.

Position: Monitor

CONCERNING THE CREATION OF EFFICIENCIES IN THE STATE REGULATORY SYSTEM.
Sponsors: NEVILLE / HOLBERT

The bill requires the committee on legal services to appoint a task force (COLS task force) to review the state's regulatory system and make recommendations related to whether:
* The current system creates a regulatory advantage to one segment of an industry at the expense of another;
* The existing availability of cost-benefit analysis needs strengthening in order to produce meaningful measures of adverse impacts on consumers and private industry;
* The enforcement practices of the current system, if any, create perverse incentives for unreasonably punitive fines and penalties on private parties;
* Economic conditions merit a downsizing of the regulatory body with resulting reduction of financial compliance costs;
* A particular regulated industry is regulated in an outmoded form of regulation that is no longer advisable;
* Currently regulated industries are regulated by other means;
* Continued regulation of the regulated industry is justified;
* The current system regulates fewer businesses than it did in a previous state fiscal year; and
* Compliance costs could be reduced or eliminated at no risk to the public welfare or environment and at no risk of creating or protecting a monopoly. The COLS task force must report to the committee on legal services by January 1, 2013, and the committee on legal services must then recommend to the general assembly such legislation regarding the findings and recommendations of the COLS task force as may be necessary. The bill also addresses the circumstances under which staff assistance will be available for the COLS task force.

Status
1/11/2012 01/11/2012 Introduced In Senate - Assigned to Business, Labor and Technology
1/11/2012 01/11/2012 Introduced In Senate - Assigned to Business, Labor and Technology + Finance
1/11/2012 01/11/2012 Introduced In Senate - Assigned to Business, Labor and Technology + Finance + Appropriations
2/1/2012 02/01/2012 Senate Committee on Business, Labor and Technology Refer Unamended to Finance
2/9/2012 02/09/2012 Senate Committee on Finance Refer Unamended to Appropriations
3/9/2012 03/09/2012 Senate Committee on Appropriations Postpone Indefinitely

Fiscal Note

BILL SB12-008

GOVERNOR SIGNED ON 3/8. CWC State Affairs decided to Support on 1/17.

Position: Support

CONCERNING POSTPONEMENT OF THE REPEAL OF REQUIREMENTS TO REPLACE WELL DEPLETIONS TO THE DENVER BASIN AQUIFERS.
Sponsors: BROPHY / SONNENBERG

Water Resources Review Committee. Law that is currently in effect:
* Requires wells that pump from the Dawson aquifer to replace actual out-of-priority depletions; and
* Specifies that the replacement obligation for all Denver basin aquifers continues after pumping stops to compensate for depletions. This law is scheduled to repeal on July 1, 2012. The new law that will automatically become effective on July 1, 2012, would require:
* Wells that pump from the Dawson aquifer to replace actual stream depletions to the extent necessary to prevent any injurious effect on other water rights based on actual aquifer conditions; and
* Replacement after pumping ceases for all Denver basin aquifers only if required to compensate for injurious depletions. There is currently no modeling tool available to calculate depletions according to actual aquifer conditions. Accordingly, the bill postpones the repeal of the current law until July 1, 2015.

Status
1/11/2012 01/11/2012 Introduced In Senate - Assigned to Agriculture, Natural Resources, and Energy
1/19/2012 01/19/2012 Senate Committee on Agriculture, Natural Resources, and Energy Refer Unamended - Consent Calendar to Senate Committee of the Whole
1/25/2012 01/25/2012 Senate Second Reading Laid Over Daily
1/30/2012 01/30/2012 Senate Second Reading Passed
1/31/2012 01/31/2012 Senate Third Reading Passed
2/6/2012 02/06/2012 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources
2/13/2012 02/13/2012 House Committee on Agriculture, Livestock, & Natural Resources Refer Unamended to House Committee of the Whole
2/16/2012 02/16/2012 House Second Reading Laid Over Daily
2/17/2012 02/17/2012 House Second Reading Passed
2/20/2012 02/20/2012 House Third Reading Passed
3/1/2012 03/01/2012:42 AM 04:10 Signed by the President of the Senate
3/1/2012 03/01/2012 Sent to the Governor
3/1/2012 03/01/2012:05 AM 04:20 Signed by the Speaker of the House
3/8/2012 03/08/2012 Governor Action - Signed

Fiscal Note

BILL SB12-009

CWC State Affairs decided to Support on 1/17.

Position: Support

CONCERNING THE CONSOLIDATION OF CASH FUNDS ADMINISTERED BY THE DIVISION OF WATER RESOURCES.
Sponsors: HODGE / SWERDFEGER

Water Resources Review Committee. The bill consolidates several funds administered by the division of water resources into a newly created water resources cash fund. Section 1 of the bill creates the water resources cash fund and consolidates into a single section the laws governing the fund's allowable uses. Section 2 repeals the water data bank cash fund, division of water resources publication cash fund, and division of water resources ground water management cash fund. Section 3 repeals the ground water publication fund, section 4 repeals the gravel pit lakes augmentation fund, and section 5 repeals the well enforcement cash fund. Sections 6 through 11 make conforming amendments.

Status
1/11/2012 01/11/2012 Introduced In Senate - Assigned to Agriculture, Natural Resources, and Energy
1/26/2012 01/26/2012 Senate Committee on Agriculture, Natural Resources, and Energy Refer Unamended - Consent Calendar to Senate Committee of the Whole
2/1/2012 02/01/2012 Senate Second Reading Laid Over Daily
2/6/2012 02/06/2012 Senate Second Reading Passed
2/7/2012 02/07/2012 Senate Third Reading Laid Over Daily
2/8/2012 02/08/2012 Senate Third Reading Passed
2/13/2012 02/13/2012 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources
2/27/2012 02/27/2012 House Committee on Agriculture, Livestock, & Natural Resources Refer Unamended to Finance
3/21/2012 03/21/2012 House Committee on Finance Refer Unamended to Appropriations
4/20/2012 04/20/2012 House Committee on Appropriations Refer Amended to House Committee of the Whole
4/23/2012 04/23/2012 House Second Reading Special Order - Passed with Amendments
4/24/2012 04/24/2012 House Third Reading Passed
4/30/2012 04/30/2012 Senate Considered House Amendments - Result was to Concur - Repass
5/9/2012 05/09/2012:51 PM 04:10 Signed by the President of the Senate
5/16/2012 05/16/2012:41 PM 04:20 Signed by the Speaker of the House
5/16/2012 05/16/2012 Sent to the Governor
5/24/2012 05/24/2012 Governor Action - Signed

Fiscal Note

BILL SB12-017

Postponed Indefinitely in Senate Ag on 2/9.

CONCERNING THE ADOPTION OF WATER QUALITY CONTROL RULES REGARDING NUTRIENTS, AND, IN CONNECTION THEREWITH, PROHIBITING THE WATER QUALITY CONTROL COMMISSION FROM ADOPTING NUMERIC CRITERIA FOR A WATER CONTROL STANDARD OR CONTROL REGULATION REGARDING NITROGEN OR PHOSPHORUS.
Sponsors: KING S.

The bill prohibits the water quality control commission from adopting numeric criteria for a water control standard or control regulation regarding nitrogen or phosphorus.

Status
1/11/2012 01/11/2012 Introduced In Senate - Assigned to Agriculture, Natural Resources, and Energy
2/8/2012 02/08/2012 Senate Committee on Agriculture, Natural Resources, and Energy Postpone Indefinitely

Fiscal Note

BILL SB12-026

Moved to list of monitored bills that could be called up for CWC State Affairs consideration.

Position: Monitor

CONCERNING A STATE AGENCY RULE THAT CREATES A STATE MANDATE ON A LOCAL GOVERNMENT.
Sponsors: CADMAN

S.B. 12-26 State agency - promulgation of rules - state mandate - compliance with existing law - feedback from local governments. Currently, a state agency (agency) is prohibited from promulgating a rule that requires a local government to undertake a specific activity or to provide a specific service that satisfies minimum state standards (state mandate) unless the state provides additional moneys to reimburse the local government for the additional costs. The act includes this requirement in the "State Administrative Procedure Act". For each proposed rule that includes a state mandate, an agency is required to provide information to the director of the office of state planning and budgeting (director) relating to the rule and consultations with elected officials and other representatives of local governments. The agency is prohibited from conducting a public hearing on the proposed rule unless it receives a written notice from the director that the information complies with the law. The agency must include the information and the director's notice in the agency rule-making record and provide copies of them to the executive committee of the legislative council. An agency is also required to develop a process to actively solicit the input of elected officials and other representatives of local governments into the development of proposed rules affecting a local government. The act permits an agency to adopt a temporary or emergency rule without complying with these new requirements, but compliance is required in order for the rule to become permanent. APPROVED by Governor May 24, 2012 EFFECTIVE August 8, 2012 NOTE: This act was passed without a safety clause.

Status
1/11/2012 01/11/2012 Introduced In Senate - Assigned to Local Government
1/11/2012 01/11/2012 Introduced In Senate - Assigned to Local Government + Appropriations
1/31/2012 01/31/2012 Senate Committee on Local Government Refer Amended to Appropriations
4/10/2012 04/10/2012 Senate Committee on Appropriations Refer Unamended - Consent Calendar to Senate Committee of the Whole
4/12/2012 04/12/2012 Senate Second Reading Passed with Amendments
4/13/2012 04/13/2012 Senate Third Reading Laid Over Daily
4/17/2012 04/17/2012 Senate Third Reading Passed
4/19/2012 04/19/2012 Introduced In House - Assigned to Local Government
4/23/2012 04/23/2012 House Committee on Local Government Refer Amended to Appropriations
4/27/2012 04/27/2012 House Committee on Appropriations Refer Unamended to House Committee of the Whole
5/1/2012 05/01/2012 House Second Reading Special Order - Passed with Amendments
5/2/2012 05/02/2012 House Third Reading Laid Over Daily
5/8/2012 05/08/2012 House Third Reading Passed
5/9/2012 05/09/2012 Senate Considered House Amendments - Result was to Concur - Repass
5/14/2012 05/14/2012:37 PM 04:10 Signed by the President of the Senate
5/16/2012 05/16/2012:26 PM 04:20 Signed by the Speaker of the House
5/16/2012 05/16/2012 Sent to the Governor
5/24/2012 05/24/2012 Governor Action - Signed

Fiscal Note

BILL SB12-027

Moved to list of monitored bills that could be called up for CWC State Affairs consideration.

Position: Monitor

CONCERNING AN ADDITIONAL REVIEW OF RULES PROMULGATED PURSUANT TO THE "STATE ADMINISTRATIVE PROCEDURE ACT" BY COMMITTEES OF REFERENCE OF THE GENERAL ASSEMBLY.
Sponsors: SCHEFFEL

The bill creates an additional rule review process for rules adopted on or after November 1, 2011, that are determined by the staff of the committee on legal services (the office of legislative legal services) to be related to legislation enacted during any legislative session, regular or special, commencing on or after January 1, 2011. The rules are to be reviewed by a committee of reference of the general assembly. The legislative council staff determines what committee of reference appears to be the most appropriate based on the principal departments assigned to each committee of reference as specified in legislative rule. The committees of reference must review all assigned rules no later than the 45th day of the legislative session. Each committee of reference may establish its own procedures for the review, but the bill sets forth minimum requirements for at least one public meeting. The bill allows the committees of reference to disapprove a rule for any reason, but provides the committees of reference some minimum considerations. The bill requires that the committees of reference recommend to the general assembly a bill regarding the committee's determinations related to the expiration or postponement of the expiration of rules assigned to and reviewed by the committee of reference. The bill also requires the posting of a completed cost-benefit analysis on the official web sites of the agencies completing the cost-benefit analysis and the official web site of the department of regulatory agencies.

Status
1/11/2012 01/11/2012 Introduced In Senate - Assigned to Judiciary
1/11/2012 01/11/2012 Introduced In Senate - Assigned to Judiciary + Appropriations
2/1/2012 02/01/2012 Senate Committee on Judiciary Witness Testimony and/or Committee Discussion Only
2/14/2012 02/14/2012 Senate Committee on Judiciary Refer Amended to Appropriations
4/10/2012 04/10/2012 Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
4/12/2012 04/12/2012 Senate Second Reading Laid Over Daily
4/24/2012 04/24/2012 Senate Second Reading Passed with Amendments
4/25/2012 04/25/2012 Senate Third Reading Laid Over Daily
4/26/2012 04/26/2012 Senate Third Reading Passed
5/1/2012 05/01/2012 Introduced In House - Assigned to Economic and Business Development
5/3/2012 05/03/2012 House Committee on Economic and Business Development Refer Unamended to House Committee of the Whole
5/8/2012 05/08/2012 House Second Reading Laid Over Daily

Fiscal Note

BILL SB12-063

Postponed Indefinitely in Senate Finance on 2/2.

Position: Oppose

CONCERNING THE ALLOCATION OF CERTAIN SEVERANCE TAX REVENUES TO INSTITUTIONS OF HIGHER EDUCATION LOCATED IN RURAL REGIONS IMPACTED BY THE DEVELOPMENT OF MINERALS SUBJECT TO TAXATION.
Sponsors: BROPHY

The bill establishes a $100 million cap, as adjusted annually for inflation, on the current allocation of severance tax revenue. Any revenue received above the $100 million cap, as adjusted annually for inflation, is first made available to any political subdivisions socially or economically impacted by the development, processing, or energy conversion of minerals and mineral fuels subject to taxation, but only for a serious need. Such political subdivision must make a grant request at a joint committee hearing of the house local government committee and the senate local government and energy committee, or any successor committees. Whatever moneys remain after the joint committee awards grants to those particular political subdivisions is to be transferred to the rural higher education cash fund and annually appropriated to rural institutions of higher education on a proportionate basis. The bill requires that each rural institution of higher education set aside at least 50% of each annual appropriation in a separate trust account in order to build an endowment fund to be used by the rural institution of higher education.

Status
1/13/2012 01/13/2012 Introduced In Senate - Assigned to Finance
2/2/2012 02/02/2012 Senate Committee on Finance Postpone Indefinitely

Fiscal Note

BILL SB12-073

Postponed Indefinitely in Senate Judiciary on 2/1.

Position: Monitor

CONCERNING ADDING CONSIDERATION OF LEGISLATIVE INTENT TO THE STANDARDS FOR RULES OF EXECUTIVE BRANCH AGENCIES.
Sponsors: CADMAN

An executive branch agency is prohibited from adopting a rule pursuant to the "State Administrative Procedure Act" unless the agency finds that the rule is consistent with the clear legislative intent of the general assembly as supported by the public record of committee hearings and floor debates, including any public statements made by the principal sponsors or proponents of the bill or an amendment to the bill before its adoption. The bill adds another ground for the committee on legal services and its staff, the office of legislative legal services, to use when it reviews rules adopted by executive branch agencies: A rule shall not extend in scope or impact beyond the clear legislative intent of the general assembly as supported by the public record of committee hearings and floor debates, including any public statements made by the principal sponsors or proponents of the bill or an amendment to the bill before its adoption. The bill applies to the rules of executive branch agencies adopted on or after the effective date of this act.

Status
1/19/2012 01/19/2012 Introduced In Senate - Assigned to Judiciary
2/1/2012 02/01/2012 Senate Committee on Judiciary Postpone Indefinitely

Fiscal Note

BILL SB12-080

Postponed Indefinitely in Senate State Affairs on 2/13.

Position: Monitor

CONCERNING NOTICES OF REPORTED BUSINESS FISCAL IMPACTS.
Sponsors: MITCHELL

The bill requires the staff of the legislative council to designate a 5-day period following the introduction of new legislation or the notice of proposed rule-making during which Colorado businesses may submit comments regarding the business fiscal impact of the new legislation or rule. Upon the expiration of the period, the staff of the legislative council is required to prepare a notice of reported business fiscal impact (notice) setting forth the range of fiscal impacts contained in the comments. For legislation, the notice will accompany the fiscal note. For rules, the notice will be forwarded to the executive director of the principal department seeking to promulgate the rule and posted on the staff of the legislative council's official web site.

Status
1/19/2012 01/19/2012 Introduced In Senate - Assigned to State, Veterans & Military Affairs
2/6/2012 02/06/2012 Senate Committee on State, Veterans & Military Affairs Witness Testimony and/or Committee Discussion Only
2/13/2012 02/13/2012 Senate Committee on State, Veterans & Military Affairs Postpone Indefinitely

Fiscal Note

BILL SB12-088

Postponed Indefinitely in Senate Local Government on 2/16.

Position: Monitor

CONCERNING THE PREEMPTION OF LOCAL REGULATION OF OIL AND GAS OPERATIONS.
Sponsors: HARVEY

The bill specifies that the regulation of oil and gas operations is a matter of statewide concern, the Colorado oil and gas conservation commission has exclusive jurisdiction to regulate oil and gas operations, and local regulation of oil and gas operations is preempted by state law.

Status
1/19/2012 01/19/2012 Introduced In Senate - Assigned to Local Government
2/16/2012 02/16/2012 Senate Committee on Local Government Postpone Indefinitely

Fiscal Note

BILL SB12-097

GOVERNOR SIGNED ON 3/22. CWC State Affairs Committee decided to Support bill as amended in Senate Ag Committee.

Position: Support

CONCERNING A SIMPLIFIED PROCEDURE FOR THE ADJUDICATION OF CERTAIN CHANGES OF THE POINTS OF DIVERSION OF WATER RIGHTS.
Sponsors: HODGE

Under current law, all changes of water rights, including changes in the point of diversion, must be adjudicated. The bill creates a simplified procedure for the adjudication of a simple change in a surface point of diversion, which is defined as a change in the point of diversion from a decreed surface diversion point that is not combined with and does not include any other type of change of water right and for which there is no intervening surface diversion point or inflow from a surface stream or other surface discharge between the new point of diversion and the diversion point from which a change is being made. The new procedure applies to a change of point of diversion that has already been physically accomplished or with respect to a requested future change of point of diversion. There is a rebuttable presumption that a simple change in a surface point of diversion will not cause an enlargement of the historical use associated with the water rights being changed. The resulting decree must not requantify the water rights for which the point of diversion is being changed. The applicant is not required to prove:
* That the water diverted at the new point of diversion can and will be diverted and put to use within a reasonable period of time;
* Compliance with the anti-speculation doctrine; or
* Future need for the water or other similar requirements imposed by case law or statute.

Status
1/19/2012 01/19/2012 Introduced In Senate - Assigned to Agriculture, Natural Resources, and Energy
2/2/2012 02/02/2012 Senate Committee on Agriculture, Natural Resources, and Energy Refer Amended to Senate Committee of the Whole
2/8/2012 02/08/2012 Senate Second Reading Laid Over Daily
2/13/2012 02/13/2012 Senate Second Reading Passed with Amendments
2/14/2012 02/14/2012 Senate Third Reading Passed
2/16/2012 02/16/2012 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources
2/27/2012 02/27/2012 House Committee on Agriculture, Livestock, & Natural Resources Refer Amended to House Committee of the Whole
3/1/2012 03/01/2012 House Second Reading Laid Over Daily
3/2/2012 03/02/2012 House Second Reading Passed with Amendments
3/5/2012 03/05/2012 House Third Reading Passed
3/7/2012 03/07/2012 Senate Considered House Amendments - Result was to Concur - Repass
3/12/2012 03/12/2012:37 AM 04:10 Signed by the President of the Senate
3/14/2012 03/14/2012:11 PM 04:20 Signed by the Speaker of the House
3/14/2012 03/14/2012 Sent to the Governor
3/22/2012 03/22/2012 Governor Action - Signed

Fiscal Note

BILL SB12-107

Moved to list of monitored bills that could be called up for CWC State Affairs consideration.

Position: Monitor

CONCERNING ADDITIONAL PROTECTIONS FOR WATER RELATING TO HYDRAULIC FRACTURING.
Sponsors: CARROLL / WILSON

The bill enacts the "Water Rights Protection Act", under which the Colorado oil and gas conservation commission (commission) must establish rules for:
* Hydraulic fracturing near radioactive materials and sites listed on the national priority list pursuant to the federal "superfund" law; and
* The shut-down of hydraulic fracturing operations when monitoring equipment detects a pressure drop. Oil and gas operators must submit water quantity reports showing projected and actual sources and amounts of water needed for hydraulically fracturing a well. Operators must also submit pre- and post-fracturing water quality reports for all active water wells located within .5 mile of oil and gas wells that will be or have been hydraulically fractured. This information will be posted on the commission's web site. Operators cannot inject into the ground any chemical compound that would cause cancer. In addition to existing financial assurances, each operator that engages in a high-risk hydraulic fracturing treatment must take out an environmental bond that would be forfeited if the operator's operations cause any damage to water rights. Subject to listed affirmative defenses, an operator is presumed to be responsible for the pollution of a water supply that is within .5 mile of a line between the well head and the surface projection of the bottom hole location of the well, if the pollution occurred within 6 months after the completion of the hydraulic fracturing of the well. Hydraulic fracturing would be prohibited within .5 mile of any surface water, including a pond, reservoir, or other natural or artificial impoundment or stream, ditch, or other artificial waterway, unless the operator uses a closed-loop system.

Status
1/31/2012 01/31/2012 Introduced In Senate - Assigned to Judiciary
5/2/2012 05/02/2012 Senate Committee on Judiciary Refer Amended to Appropriations
5/9/2012 05/09/2012 Senate Committee on Appropriations Postpone Indefinitely

Fiscal Note

BILL SB12-132

Moved to list of monitored bills that could be called up for CWC State Affairs consideration.

Position: Monitor

CONCERNING TIMELY ISSUANCE OF ENVIRONMENTAL CONTROL PERMITS.
Sponsors: GRANTHAM / BECKER

Section 1 of the bill requires air quality permits to be issued within 12 months after receipt of a complete permit application. Section 2 requires the same of water quality permits.

Status
1/31/2012 01/31/2012 Introduced In Senate - Assigned to Agriculture, Natural Resources, and Energy
1/31/2012 01/31/2012 Introduced In Senate - Assigned to Agriculture, Natural Resources, and Energy + Appropriations
2/9/2012 02/09/2012 Senate Committee on Agriculture, Natural Resources, and Energy Refer Amended to Appropriations
3/9/2012 03/09/2012 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
3/13/2012 03/13/2012 Senate Second Reading Laid Over Daily
5/1/2012 05/01/2012 Senate Second Reading Passed with Amendments
5/2/2012 05/02/2012 Senate Third Reading Passed
5/2/2012 05/02/2012 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources
5/7/2012 05/07/2012 House Committee on Agriculture, Livestock, & Natural Resources Postpone Indefinitely

Fiscal Note

BILL SB12-142

Postponed Indefinitely on 2/16.

Position: Oppose

CONCERNING THE CREATION OF PILOT PROJECTS TO EMPOWER THE STATE ENGINEER TO REDUCE AUGMENTATION REQUIREMENTS.
Sponsors: BROPHY / SONNENBERG

The bill authorizes the state engineer to reduce, temporarily, augmentation requirements in areas where groundwater levels are at or near historic high levels of groundwater saturation through the creation of 3 pilot projects.

Status
1/31/2012 01/31/2012 Introduced In Senate - Assigned to Agriculture, Natural Resources, and Energy
2/16/2012 02/16/2012 Senate Committee on Agriculture, Natural Resources, and Energy Committee Vote - Final Action Failed
2/16/2012 02/16/2012 Senate Committee on Agriculture, Natural Resources, and Energy Postpone Indefinitely

Fiscal Note

BILL SB12-153

Postponed Indefinitely in Senate Judiciary on 4/9. Moved to list of monitored bills that could be called up for CWC State Affairs consideration.

Position: Monitor

CONCERNING THE CREATION OF THE "SUNSHINE IN LITIGATION ACT".
Sponsors: MORSE

The bill creates a rebuttable presumption that information concerning a public hazard (information) must be disclosed in a court action. A party objecting to the disclosure can seek a protective order to limit disclosure if the court finds, by clear and convincing evidence, that certain factors have been met, including that the information is not relevant to the public hazard and is not useful to members of the public in protecting themselves from injury resulting from the public hazard.

Status
2/24/2012 02/24/2012 Introduced In Senate - Assigned to Judiciary
4/9/2012 04/09/2012 Senate Committee on Judiciary Postpone Indefinitely

Fiscal Note

BILL SB12-165

CWC State Affairs Committee decided to Support on 4/2.

Position: Support

CONCERNING THE FUNDING OF COLORADO WATER CONSERVATION BOARD PROJECTS, AND MAKING APPROPRIATIONS IN CONNECTION THEREWITH.
Sponsors: SCHWARTZ / BAUMGARDNER

The bill appropriates the following amounts from the Colorado water conservation board construction fund for the following projects:
* $300,000 for continuation of the satellite monitoring system maintenance;
* $175,000 for continuation of the weather modification program;
* $500,000 for continuation of the Colorado floodplain map modernization program;
* $500,000 for continuation of the watershed restoration program;
* $300,000 to restore the flood response fund balance;
* $1,000,000 for continuation of the phreatophyte control cost-sharing program;
* $2,000,000 for continuation of the Colorado river water availability study;
* $500,000 to begin implementation of the South Platte groundwater data collection and analysis project;
* $1,000,000 for continuation of the alternative agriculture water transfer sustainability grant program;
* $5,000,000 for the planning and implementation of the Rio Grande cooperative project;
* $5,000,000 for implementation of the Chatfield reservoir reallocation project;
* $12,000,000 for the third and final installment of the purchase of Colorado's allotment of Animas-La Plata project water pursuant to House Bill 10-1250, enacted in 2010; and
* $300,000 to provide legal support and funding for litigation involving protests of individual water rights that the state engineer has placed on the abandonment list. Section 6 of the bill repurposes the flood response program to include drought preparedness and response and renames the flood response fund to the flood and drought response fund. Section 14 of the bill transfers from the perpetual base account of the severance tax trust fund to the Colorado water conservation board construction fund the following:
* $30,000,000 for the Rio Grand cooperative project, including improvements associated with the Beaver Park reservoir and the Rio Grande reservoir; and
* $13,000,000 for the implementation of the Chatfield reservoir reallocation project. Section 14 of the bill also changes the water supply reserve account to the water supply reserve fund. Section 16 of the bill authorizes the state engineer to receive and expend contributions from the Colorado water conservation board for use in discharging the state engineer's duties.

Status
3/29/2012 03/29/2012 Introduced In Senate - Assigned to Agriculture, Natural Resources, and Energy
4/4/2012 04/04/2012 Senate Committee on Agriculture, Natural Resources, and Energy Refer Amended to Appropriations
4/17/2012 04/17/2012 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
4/19/2012 04/19/2012 Senate Second Reading Laid Over Daily
4/20/2012 04/20/2012 Senate Second Reading Laid Over Daily
4/23/2012 04/23/2012 Senate Second Reading Passed with Amendments
4/24/2012 04/24/2012 Senate Third Reading Passed
4/27/2012 04/27/2012 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources
5/7/2012 05/07/2012 House Committee on Agriculture, Livestock, & Natural Resources Refer Unamended to Appropriations
5/8/2012 05/08/2012 House Committee on Appropriations Refer Unamended to House Committee of the Whole

Fiscal Note

BILL SJR12-002

RESOLUTION PASSED LEGISLATURE. CWC State Affairs decided to SUPPORT on 1/17.

Position: Support
Sponsors: ROBERTS / WILSON

*** No bill summary available ***

Status
1/13/2012 01/13/2012 Introduced In Senate - Assigned to
1/13/2012 01/13/2012 Senate Third Reading Laid Over Daily
1/24/2012 01/24/2012 Senate Third Reading Passed
1/26/2012 01/26/2012 Introduced In House - Assigned to
1/27/2012 01/27/2012 House Third Reading Laid Over Daily
1/30/2012 01/30/2012 House Third Reading Passed
2/8/2012 02/08/2012:12 AM 04:10 Signed by the President of the Senate
2/8/2012 02/08/2012:22 PM 04:20 Signed by the Speaker of the House

BILL SJR12-003

GOVERNOR SIGNED ON 3/9. CWC State Affairs Committee decided to SUPPORT on 1/23.

Position: Support
Sponsors: SCHWARTZ / SONNENBERG

*** No bill summary available ***

Status
1/17/2012 01/17/2012 Introduced In Senate - Assigned to Agriculture, Natural Resources, and Energy
1/19/2012 01/19/2012 Senate Committee on Agriculture, Natural Resources, and Energy Refer Unamended to Senate Committee of the Whole
1/26/2012 01/26/2012 Senate Third Reading Passed
1/30/2012 01/30/2012 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources
2/13/2012 02/13/2012 House Committee on Agriculture, Livestock, & Natural Resources Refer Unamended to House Committee of the Whole
2/15/2012 02/15/2012 House Third Reading Passed
2/21/2012 02/21/2012:37 AM 04:10 Signed by the President of the Senate
2/24/2012 02/24/2012:52 AM 04:20 Signed by the Speaker of the House
3/1/2012 03/01/2012 Sent to the Governor
3/9/2012 03/09/2012 Governor Action - Signed

BILL SJR12-006

Moved to list of monitored bills that could be called up for CWC State Affairs consideration.

Position: Monitor
Sponsors: ROBERTS

*** No bill summary available ***

Status
1/25/2012 01/25/2012 Introduced In Senate - Assigned to Business, Labor and Technology
2/1/2012 02/01/2012 Senate Committee on Business, Labor and Technology Refer Unamended to Senate Committee of the Whole
2/7/2012 02/07/2012 Senate Third Reading Laid Over Daily
4/5/2012 04/05/2012 Senate Third Reading Passed
4/11/2012 04/11/2012 Introduced In House - Assigned to
4/11/2012 04/11/2012 House Third Reading Laid Over Daily
4/25/2012 04/25/2012 House Third Reading Passed
4/30/2012 04/30/2012:20 PM 04:10 Signed by the President of the Senate
5/3/2012 05/03/2012:45 PM 04:20 Signed by the Speaker of the House