House Journal, January 24
32 HB20-1037 be amended as follows, and as so amended, be referred to
33 the Committee of the Whole with favorable
34 recommendation:
35
36 Amend printed bill, page 2, line 12, strike "THE" and substitute "TO
37 OBTAIN A DECREED PLAN FOR AUGMENTATION, THE".
38
39 Page 2, line 15, strike "MAY" and substitute "MUST".
40
41 Page 3, strike lines 5 through 8 and substitute:
42
43 "(III) A PLAN FILED UNDER THIS SUBSECTION (4.5) MUST USE, FOR
44 AUGMENTATION ONLY, WATER RIGHTS:
45 (A) FOR WHICH THE HISTORICAL CONSUMPTIVE USE".
46
47 Renumber succeeding sub-subparagraph accordingly.
48
49 Page 3, strike lines 18 through 22 and substitute:
50
51 "(VI) ADDITIONAL TERMS AND CONDITIONS MUST BE IMPOSED ON
52 THE USE OF WATER AS PART OF A PLAN FOR AUGMENTATION TO AUGMENT
53 STREAM FLOWS AS NECESSARY TO PREVENT INJURY TO THE OWNERS OF
54 VESTED WATER RIGHTS OR DECREED CONDITIONAL WATER RIGHTS. THE
55 TERMS AND CONDITIONS MUST INCLUDE TERMS AND CONDITIONS TO
56 PREVENT INJURY TO OTHER WATER RIGHTS THAT RESULT FROM ANY
1 CHANGE IN THE TIME, PLACE, OR AMOUNT OF WATER AVAILABLE FOR
2 DIVERSION OR EXCHANGE TO THE EXTENT THAT OTHER APPROPRIATORS
3 HAVE RELIED UPON THE STREAM CONDITIONS THAT RESULTED FROM THE
4 HISTORICAL USE OF THE AUGMENTATION WATER RIGHTS DESCRIBED IN
5 SUBSECTION (4.5)(b)(III) OF THIS SECTION OR ADDED PURSUANT TO
6 SECTION 37-92-305 (8)(c) BEFORE THEIR USE IN THE PLAN FOR
7 AUGMENTATION OF STREAM FLOWS. A JUNIOR APPROPRIATOR IS ENTITLED
8 TO THE CONTINUATION OF STREAM CONDITIONS AS THE CONDITIONS
9 EXISTED AT THE TIME OF THE JUNIOR APPROPRIATOR'S APPROPRIATION.".
10
11 Page 4, line 14, after "MUST" insert "HAVE CONSENT FROM THE OWNER OF
12 THE EXISTING STRUCTURE AND".
13
14 Page 6, line 5, strike "augmentation," and substitute "augmentation
15 PURSUANT TO SECTION 37-92-102,".
16
17

Senate Journal, February 21
After consideration on the merits, the Committee recommends that HB20-1037 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation and with a recommendation that it be placed on the Consent
Calendar.

Amend reengrossed bill, page 4, strike line 22 and substitute "USE OF, OR
MAKING OF PHYSICAL MODIFICATIONS TO, AN EXISTING DIVERSION".

Page 4, line 26, strike "THE" and substitute "ANY".


Agriculture &
Natural
Resources

 

House Journal, February 4
29 HB20-1069 be amended as follows, and as so amended, be referred to
30 the Committee on Finance with favorable
31 recommendation:
32
33 Amend printed bill, page 3, strike lines 4 through 6 and substitute:
34 "pursuant to sections 37-90-105 (3)(a)(I) and (4)(a) (3)(a)(I)(C) AND
35 (4)(a)(II); 37-90-107 (7)(d)(I) (7)(d)(I)(C); 37-90-116 (1)(a), (1)(c), and
36 (1)(h) (1)(a)(II), (1)(c)(II), AND (1)(h)(II); 37-90-137 (2)(a) (2)(a)(II);
37 and 37-92-602 (3)(a) and (5), forty (3)(a)(II) AND (5)(b), SEVENTY dollars
38 shall be credited to the well inspection cash".
39
40 Page 3, after line 14, insert:
41 "SECTION 3. In Colorado Revised Statutes, 37-90-105, amend
42 (3)(a)(I)(C) and (4)(a)(II) as follows:
43 37-90-105. Small capacity wells. (3) (a) (I) (C) Effective July 1,
44 2006, wells of the type described in this section may be constructed only
45 upon the issuance of a permit in accordance with the provisions of this
46 section. A fee of one hundred THIRTY dollars shall accompany IS
47 REQUIRED WITH any application for a new well permit under this section.
48 A fee of sixty NINETY dollars shall accompany IS REQUIRED WITH any
49 application for a replacement well of the type described in subsection (1)
50 of this section.
51 (4) (a) (II) Effective July 1, 2006, any wells of the type described
52 by this section that were put to beneficial use prior to May 8, 1972, and
53 any wells that were used exclusively for monitoring and observation
54 purposes prior to August 1, 1988, not of record in the office of the state
55 engineer, may be recorded in that office upon written application,
56 payment of a processing fee of one hundred THIRTY dollars, and permit
2020 Page 208 House Journal--28th Day--February 4,
1 approval. The record shall MUST include the date the water is claimed to
2 have been first put to beneficial use.
3 SECTION 4. In Colorado Revised Statutes, 37-90-107, amend
4 (7)(d)(I)(C) as follows:
5 37-90-107. Application for use of groundwater - publication
6 of notice - conditional permit - hearing on objections - well permits.
7 (7) (d) (I) (C) Effective July 1, 2006, any person desiring a permit for a
8 well to withdraw groundwater for a beneficial use from the Dawson,
9 Denver, Arapahoe, or Laramie-Fox Hills aquifers shall make application
10 to the commission on a form to be prescribed by the commission. A fee
11 of one hundred THIRTY dollars shall MUST be submitted with the
12 application, which sum shall not be refunded.
13 SECTION 5. In Colorado Revised Statutes, 37-90-116, amend
14 (1)(a)(II), (1)(c)(II), and (1)(h)(II) as follows:
15 37-90-116. Fees. (1) The state engineer or the commission shall
16 collect the following fees:
17 (a) (II) Effective July 1, 2006, with an application for the use of
18 groundwater, one hundred THIRTY dollars, which sum shall not be
19 refunded.
20 (c) (II) Effective July 1, 2006, for issuing a permit to modify or
21 replace an existing well, one hundred THIRTY dollars.
22 (h) (II) Effective July 1, 2006, with an application for any change
23 in a well permit, whether conditional or final, submitted pursuant to
24 section 37-90-111 (1)(g), one hundred THIRTY dollars, which sum shall
25 not be refunded.
26 SECTION 6. In Colorado Revised Statutes, 37-90-137, amend
27 (2)(a)(II) as follows:
28 37-90-137. Permits to construct wells outside designated
29 basins - fees - permit no groundwater right - evidence - time
30 limitation - well permits - rules. (2) (a) (II) Effective July 1, 2006, upon
31 receipt of an application for a replacement well or a new, increased, or
32 additional supply of groundwater from an area outside the boundaries of
33 a designated groundwater basin, accompanied by a filing fee of one
34 hundred THIRTY dollars, the state engineer shall make a determination as
35 to whether or not the exercise of the requested permit will materially
36 injure the vested water rights of others.
37 SECTION 7. In Colorado Revised Statutes, 37-92-602, amend
38 (3)(a)(II) and (5)(b) as follows:
39 37-92-602. Exemptions - presumptions - legislative declaration
40 - definitions. (3) (a) (II) Effective July 1, 2006, wells of the type
41 described in paragraphs (b) to (d) of subsection (1) SUBSECTIONS (1)(b)
42 TO (1)(d) of this section may be constructed only upon the issuance of a
43 permit in accordance with the provisions of this subsection (3). A person
44 desiring to use such a well shall submit an application for a permit
45 accompanied by a fee of sixty NINETY dollars for an application under
46 paragraph (c) of this subsection (3) SUBSECTION (3)(c) OF THIS SECTION
47 and a fee of one hundred THIRTY dollars for an application under
48 paragraph (b) of this subsection (3) SUBSECTION (3)(b) OF THIS SECTION.
49 (5) (b) Effective July 1, 2006, any wells exempted by this section
50 that were put to beneficial use prior to May 8, 1972, and any wells that
51 were used exclusively for monitoring and observation purposes prior to
52 August 1, 1988, not of record in the office of the state engineer may be
53 recorded in that office upon written application, payment of a processing
54 fee of one hundred THIRTY dollars, and permit approval. The record shall
55 MUST include the date the water is claimed to have been appropriated or
56 first put to beneficial use.".
2020 Page 209House Journal--28th Day--February 4,

House Journal, February 14
13 HB20-1069 be amended as follows, and as so amended, be referred to
14 the Committee on Appropriations with favorable
15 recommendation:
16
17 Amend the Rural Affairs and Agriculture Report, dated February 3, 2020,
18 page 1, line 5, strike "SEVENTY" and substitute "SEVENTY-FIVE".
19
20 Page 1, line 13, strike "THIRTY" and substitute "THIRTY-FIVE".
21
22 Page 1, line 15, strike "NINETY" and substitute "NINETY-FIVE".
23
24 Page 1, line 23, strike "THIRTY" and substitute "THIRTY-FIVE".
25
26 Page 2, line 10, strike "THIRTY" and substitute "THIRTY-FIVE".
27
28 Page 2, line 17, strike "THIRTY" and substitute "THIRTY-FIVE".
29
30 Page 2, line 20, strike "THIRTY" and substitute "THIRTY-FIVE".
31
32 Page 2, line 23, strike "THIRTY" and substitute "THIRTY-FIVE".
33
34 Page 2, line 33, strike "THIRTY" and substitute "THIRTY-FIVE".
35
36 Page 3, line 3, strike "NINETY" and substitute "NINETY-FIVE".
37
38 Page 3, line 5, strike "THIRTY" and substitute "THIRTY-FIVE".
39
40 Page 3, line 12, strike "THIRTY" and substitute "THIRTY-FIVE".
41
42

House Journal, March 13
47 HB20-1069 be amended as follows, and as so amended, be referred to
48 the Committee of the Whole with favorable
49 recommendation:
50
51 Amend printed bill, page 3, after line 14 insert:
52
53 "SECTION 3. Appropriation. (1) For the 2020-21 state fiscal
54 year, $143,789 is appropriated to the department of natural resources for
55 use by the division of water resources. This appropriation is from the well
1 inspection cash fund created in section 37-80-111.5 (1)(d), C.R.S. To
2 implement this act, the division may use this appropriation as follows:
2 (a) $109,769 for personal services, 3 which amount is based on an
4 assumption that the division will require an additional 1.8 FTE;
5 (b) $30,100 for operating expenses;
6 (c) $3,920 for vehicle lease payments.
7 (2) For the 2020-21 state fiscal year, $3,920 is appropriated to the
8 department of personnel. This appropriation is from reappropriated funds
9 received from the department of natural resources under subsection (1)(c)
10 of this section. To implement this act, the department of personnel may
11 use this appropriaiton for vehicle replacement lease/purchase.".
12
13 Renumber succeeding section accordingly.
14
15 Page 1, line 101, strike "WELLS." and substitute "WELLS, AND, IN
16 CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
17
18

 

House Journal, March 6
33 HB20-1072 be amended as follows, and as so amended, be referred to
34 the Committee of the Whole with favorable
35 recommendation:
36
37 Amend printed bill, page 5, strike lines 19 through 24 and substitute:
38
39 "SECTION 4. In Colorado Revised Statutes, 23-3.3-103, add (9)
40 as follows:
41 23-3.3-103. Annual appropriations - repeal. (9) (a) THE
42 PROVISIONS OF SUBSECTION (1) OF THIS SECTION CONCERNING
43 APPROPRIATIONS FOR STUDENT FINANCIAL ASSISTANCE UNDER THIS
44 ARTICLE 3.3 DO NOT APPLY TO APPROPRIATIONS MADE FOR THE PURPOSE
45 OF CONDUCTING FEASIBILITY STUDIES AND PILOT PROGRAMS TO
46 INVESTIGATE EMERGING TECHNOLOGIES FOR WATER MANAGEMENT
47 PURSUANT TO SECTION 23-20-141.
48 (b) THIS SUBSECTION (9) IS REPEALED, EFFECTIVE JULY 1, 2022.
49 SECTION 5. In Colorado Revised Statutes, 23-18-308, amend
50 (1)(f); and add (1)(h) as follows:
51 23-18-308. Fee-for-service contracts - limited purpose - repeal.
52 (1) Subject to available appropriations, the department shall enter into
53 fee-for-service contracts for the following purposes:
54 (f) Providing services to maximize concurrent enrollment across
55 the community college system as provided in section 23-60-202.7; and
56 (h) THE CONDUCT OF FEASIBILITY STUDIES AND PILOT PROGRAMS
1 TO INVESTIGATE EMERGING TECHNOLOGIES FOR WATER MANAGEMENT
2 PURSUANT TO SECTION 23-20-141. THIS SUBSECTION (1)(h) IS REPEALED,
3 EFFECTIVE JUNE 30, 2022.
4 SECTION 6. Appropriation. (1) For the 2020-21 state fiscal
5 year, $40,000 is appropriated to the department of higher education. This
6 appropriation is from the general fund. To implement this act, the
7 department may use this appropriation for the college opportunity fund
8 program to be used for limited purpose fee-for-service contracts with
9 state institutions.
10 (2) For the 2020-21 state fiscal year, $40,000 is appropriated to
11 the department of higher education. This appropriation is from
12 reappropriated funds received from the limited purpose fee-for-service
13 contracts with state institutions under subsection (1) of this section. To
14 implement this act, the department may use this appropriation for the
15 regents of the university of Colorado.".
16
17 Renumber succeeding section accordingly.
18
19 Page 6, line 9, strike "4" and substitute "6".
20
21

House Journal, March 9
12 Amendment No. 1, Appropriations Report, dated March 6, 2020, and
13 placed in member's bill file; Report also printed in House Journal, March
14 6, 2020.
15
16 Amendment No. 2, by Representative Arndt.
17
18 Amend the Appropriations Committee Report, dated March 6, 2020, page
19 1, line 1, strike "page 5," and substitute:
20
21 "page 2, line 13, after "with" insert "Colorado state university and".
22
23 Page 3, line 4, after "WITH" insert "COLORADO STATE UNIVERSITY AND".
24
25 Page 4, line 9, after "COLORADO" insert "AND COLORADO STATE
26 UNIVERSITY".
27
28 Page 4, line 13, strike "IT HAS" and substitute "THEY HAVE".
29
30 Page 4, line 18, strike "FORTY" and substitute "TWENTY".
31
32 Page 4, line 19, strike "THE" and substitute "EACH".
33
34 Page 4, lines 20 and 21, strike "UNIVERSITY DETERMINES" and substitute
35 "UNIVERSITIES DETERMINE".
36
37 Page 5, line 16, after "COLORADO" insert "AND COLORADO STATE
38 UNIVERSITY".
39
40 Page 5,".
41
42 Page 2 of the report, line 11, strike "Colorado."." and substitute "Colorado
43 and of Colorado state university.".".
44
45 Page 2 of the report, after line 13 add:
46
47 "Strike "UNIVERSITY" and substitute "UNIVERSITIES" on: Page 3, line 12;
48 and Page 4, lines 1, 11, and 23.
49
50 Strike "UNIVERSITY HAS" and substitute "UNIVERSITIES HAVE" on: Page
51 4, lines 14 and 15.
52
53 Page 1, line 101, strike "THE UNIVERSITY OF COLORADO" and substitute
54 "COLORADO INSTITUTIONS OF HIGHER EDUCATION".".
55
56
1 Amendment No. 3, by Representative Saine.
2
3 Amend printed bill, page 4, after line 8 insert:
4
5 "(d) ANY FEASIBILITY STUDIES OR PILOT DEPLOYMENTS MADE
6 PURSUANT TO THIS SECTION, AND ANY RECOMMENDATIONS FOR
7 ADMINISTRATIVE OR LEGISLATIVE ACTION TO PROMOTE THE USE OF THE
8 TECHNOLOGIES CONSIDERED, MUST TAKE ACCOUNT OF THE EXISTING
9 SYSTEM OF PRIOR APPROPRIATION UNDER ARTICLE XVI OF THE STATE
10 CONSTITUTION AND COLORADO WATER LAW.".
11
12 As amended, ordered engrossed and placed on the Calendar for Third
13 Reading and Final Passage.
14

 

House Journal, January 31
28 HB20-1094 be amended as follows, and as so amended, be referred to
29 the Committee of the Whole with favorable
30 recommendation:
31
32 Amend printed bill, page 2, line 9, after "dollars." insert "UPON REQUEST,
33 THE LOCAL BOARD OF HEALTH SHALL PROVIDE THE PERMITTEE WITH A
34 STATEMENT THAT SPECIFIES HOW THE PERMIT FEE WAS CALCULATED.".
35
36

 

House Journal, February 4
37 HB20-1095 be amended as follows, and as so amended, be referred to
38 the Committee of the Whole with favorable
39 recommendation:
40
41 Amend printed bill, page 3, line 6, strike "THAT IS REQUIRED TO ADOPT"
42 and substitute "WITH".
43
44 Page 3, line 8, strike "A WATER SUPPLY ELEMENT" and substitute "WATER
45 CONSERVATION POLICIES".
46
47 Page 3, after line 10 insert:
48
49 "(D) THE DEPARTMENT OF LOCAL AFFAIRS CREATED IN SECTION
50 24-1-125 MAY HIRE AND EMPLOY ONE FULL-TIME EMPLOYEE TO PROVIDE
51 EDUCATIONAL RESOURCES AND ASSISTANCE TO COUNTIES THAT INCLUDE
52 WATER CONSERVATION POLICIES IN THEIR MASTER PLANS AS DESCRIBED
53 IN SUBSECTION (3)(a)(IV)(C) OF THIS SECTION.".
54
55 Page 3, line 11, strike "(D)" and substitute "(E)".
56
2020 Page 210 House Journal--28th Day--February 4,
1 Page 5, line 5, strike "THAT IS REQUIRED TO ADOPT" and substitute
2 "WITH".
3
4 Page 5, line 7, strike "A WATER SUPPLY ELEMENT" and substitute "WATER
5 CONSERVATION POLICIES".
6
7 Page 5, after line 10 insert:
8
9 "(IV) THE DEPARTMENT OF LOCAL AFFAIRS CREATED IN SECTION
10 24-1-125 MAY HIRE AND EMPLOY ONE FULL-TIME EMPLOYEE TO PROVIDE
11 EDUCATIONAL RESOURCES AND ASSISTANCE TO MUNICIPALITIES THAT
12 INCLUDE WATER CONSERVATION POLICIES IN THEIR MASTER PLANS AS
13 DESCRIBED IN SUBSECTION (1)(d)(III) OF THIS SECTION.".
14
15 Page 5, line 11, strike "(IV)" and substitute "(V)".

Senate Journal, March 6
After consideration on the merits, the Committee recommends that HB20-1095 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.

Amend engrossed billl, page 5, after line 25 insert:

"SECTION 3. Appropriation. (1) For the 2020-21 state fiscal
year, $26,215 is appropriated to the department of local affairs for use by
the division of local government. This appropriation is from the general
fund. To implement this act, the division may use this appropriation as
follows:
(a) $24,066 for personal services, which amount is based on an
assumption that the division will require an additional 0.5 FTE; and
(b) $2,149 for operating expenses.".

Renumber succeeding section accordingly.

Page 1, line 103, strike "APPROVALS." and substitute "APPROVALS, AND,
IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.".

Appro-
priations

 

House Journal, March 11
5 HB20-1119 be amended as follows, and as so amended, be referred to
6 the Committee on Finance with favorable
7 recommendation:
8
9 Amend printed bill, page 2, line 3, strike "(4) and (5)" and substitute "(4),
10 (5), and (6)".
11
12 Page 2, line 5, strike "definitions." and substitute "definitions - repeal."
13 and strike "ANY" and substitute "AS OF AUGUST 2, 2019, ANY".
14
15 Page 2, line 12, after "COLORADO;" add "AND".
16
17 Page 2, strike lines 13 and 14.
18
19 Renumber succeeding subparagraph accordingly.
20
21 Page 3, lines 3 and 4, strike "HAZARDOUS CHEMICALS DATA, NFPA 49,
22 1994 EDITION, REVISED 2001, AS AMENDED;" and substitute "THE
23 STANDARD ON AIRCRAFT HANGARS NFPA 409, 2016 EDITION, REVISED
24 2011, AS AMENDED;".
25
26 Page 3, line 15, strike "OR" and substitute "OF".
27
28 Page 3, after line 17 insert:
29 "(6) SUBSECTIONS (4) AND (5) OF THIS SECTION ARE REPEALED,
30 EFFECTIVE JANUARY 1, 2023.".
31
32 Page 3, strike lines 18 through 27.
33
34 Page 4, strike lines 1 through 10.
35
36 Renumber succeeding sections accordingly.
37
38 Page 4, strike lines 15 and 16 and substitute "COMMISSION SHALL
39 PROMULGATE RULES ESTABLISHING A CERTIFICATE OF REGISTRATION FOR
40 ANY FACILITY, FIRE DEPARTMENT, OR LESSEE THAT USES OR STORES".
41
42 Page 4, line 17, strike "SUBSTANCES," and insert "SUBSTANCES IN ITS
43 OPERATIONS,".
44
45 Page 4, line 22, after "SUBSTANCES." add "THE COMMISSION SHALL TAKE
46 INTO ACCOUNT COSTS, TECHNOLOGICAL FEASIBILITY, AND THE POSSIBILITY
47 OF EMERGENCY SITUATIONS FOR ANY RULES IT PROMULGATES.".
48
49 Page 4, line 23, strike "POSSESSES" and substitute "USES OR STORES".
50
51 Page 4, line 24, after "SUBSTANCES" insert "IN ITS OPERATIONS".
52
53 Page 5, after line 7 insert:
54 "(d) NO FACILITY, FIRE DEPARTMENT, OR LESSEE SUBJECT TO
55 FEDERAL RULES AND REGULATIONS THAT POSSESSES PERFLUOROALKYL
56 AND POLYFLUOROALKYL SUBSTANCES SHALL BE SUBJECT TO ANY
1 PENALTIES UNDER THIS SECTION FOR NOT OBTAINING A CERTIFICATE OF
2 REGISTRATION UNLESS THERE HAS BEEN A SUFFICIENT OPPORTUNITY TO
3 APPLY FOR AND RECEIVE A CERTIFICATE OF REGISTRATION.".
4
5 Page 5, strike line 8 and substitute:
6 "(e) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
7 REQUIRES:
8 (I) "PERFLUOROALKYL AND".
9
10 Page 5, lines 9 and 10, strike "FIREFIGHTING AGENTS AND EQUIPMENT"
11 and substitute "CLASS B FIREFIGHTING FOAM, AS DEFINED IN SECTION
12 25-5-1302 (2),".
13
14 Page 5, after line 11 insert:
15 "(II) "USES OR STORES" MEANS ACTUAL AND INTENTIONAL
16 OWNERSHIP OR CONTROL OF PERFLUOROALKYL AND POLYFLUOROALKYL
17 SUBSTANCES. "USES OR STORES" DOES NOT MEAN THE INTERCEPTION OR
18 ACCUMULATION OF PERFLUOROALKYL AND POLYFLUOROALKYL
19 SUBSTANCES IN WATER TREATMENT FACILITIES AND DOMESTIC
20 WASTEWATER FACILITIES.
21
22 SECTION 3. In Colorado Revised Statutes, add 25-5-1309 as
23 follows:
24 25-5-1309. Restriction on the use of certain firefighting foam
25 at certain airports - definitions. (1) BEGINNING JANUARY 1, 2023, THE
26 USE OF CLASS B FIREFIGHTING FOAM THAT CONTAINS INTENTIONALLY
27 ADDED PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES SHALL BE
28 PROHIBITED AT STRUCTURES USED FOR THE STORAGE OR MAINTENANCE OF
29 AIRCRAFT WHERE THE STRUCTURE IS LOCATED IN AN AIRPORT THAT:
30 (a) HAS BEEN CERTIFIED BY THE FEDERAL AVIATION
31 ADMINISTRATION IN ACCORDANCE WITH 14 CFR 139; AND
32 (b) IS WITHIN THE STATE OF COLORADO.
33 (2) AS USED IN THIS SECTION, "CLASS B FIREFIGHTING FOAM" AND
34 "PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES" HAVE THE
35 SAME MEANING AS THEY ARE DEFINED IN SECTION 25-5-1302.".
36
37 Renumber succeeding section accordingly.
38
39

House Journal, June 1
40 HB20-1119 be amended as follows, and as so amended, be referred to
41 the Committee on Appropriations with favorable
42 recommendation:
43
1 Amend the Energy and Environment Committee Report, dated March 9,
2 2020, page 1, after line 4 insert:
3
4 "Page 2 of the bill, strike lines 10 and 11 and substitute:
5 "(I) IS A FEDERAL AVIATION ADMINISTRATION-DESIGNATED
6 PUBLIC-USE AIRPORT;".".
7
8 Page 1 of the report, after line 11 insert:
9
10 "Page 3 of the bill, lines 9 and 10, strike "AFTER THE SOLID AND
11 HAZARDOUS WASTE COMMISSION PROMULGATES RULES UNDER SECTION
12 25-15-302 (3.2), IN" and substitute "IN".
13
14 Page 3 of the bill, line 13, strike "25-15-302 (3.2)." and substitute "25-15-
15 302 (3.2), TO THE EXTENT THAT THE COMMISSION HAS PROMULGATED
16 SUCH RULES.".".
17
18 Page 2 of the report, line 5, after "LESSEE" insert "SUBJECT TO FEDERAL
19 RULES AND REGULATIONS".
20
21 Page 2 of the report, strike line 11 and substitute:
22
23 "Page 4 of the bill, strike line 23 and substitute:
24 "(b) ANY FACILITY, FIRE DEPARTMENT, OR LESSEE SUBJECT TO
25 FEDERAL RULES AND REGULATIONS THAT USES OR STORES".".
26
27 Page 2 of the report, after line 12 insert:
28
29 "Page 5 of the bill, lines 3 and 4, strike "FACILITY OR FIRE DEPARTMENT"
30 and substitute "FACILITY, FIRE DEPARTMENT, OR LESSEE SUBJECT TO
31 FEDERAL RULES AND REGULATIONS".".
32
33 Page 2 of the report, lines 15 and 16, strike "POSSESSES PERFLUOROALKYL
34 AND POLYFLUOROALKYL SUBSTANCES" and substitute "USES OR STORES
35 PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES IN ITS
36 OPERATIONS".
37
38 Page 3 of the report, strike lines 11 and 12 and substitute:
39
40 "(a) IS A FEDERAL AVIATION ADMINISTRATION-DESIGNATED
41 PUBLIC-USE AIRPORT; AND".
42
43

House Journal, June 3
37 HB20-1119 be amended as follows, and as so amended, be referred to
38 the Committee of the Whole with favorable
39 recommendation:
40
41 Amend printed bill, page 5, before line 12 insert:
42
43 "SECTION 5. Appropriation. For the 2020-21 state fiscal year,
44 $43,836 is appropriated to the department of public health and
45 environment for use by the hazardous materials and waste management
46 division. This appropriation is from the hazardous waste service fund
47 created in section 25-15-304, C.R.S., and is based on an assumption that
48 the division will require an additional 0.5 FTE. To implement this act, the
49 division may use this appropriation for administration program costs.".
50
51 Renumber succeeding section accordingly.
52
53 Page 1, line 103, strike "SUBSTANCES." and substitute "SUBSTANCES,
54 AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
55

 

House Journal, February 20
34 HB20-1138 be amended as follows, and as so amended, be referred to
35 the Committee on Appropriations with favorable
36 recommendation:
37
38 Amend printed bill, page 2, line 5, strike "such as child care," and
39 substitute "including but not limited to child care, arts and cultural
40 organizations,".
41
42 Page 3, line 15, strike "20-____" and substitute "20-1138".
43
44 Page 3, line 20, after "24-30-1303.5," insert "amend (3.5)(a) introductory
45 portion; and".
46
47 Page 3, after line 23 insert:
48 "(3.5) (a) With respect to all real property owned by or held in
49 trust for the state or any state agency or state institution of higher
50 education, each state agency or state institution of higher education shall
51 identify any vacant facility under its control. As used in this section,
52 SUBSECTION (3.5), "vacant" means:".
53
54 Page 3, line 27, strike "BY OR UNDER THE CONTROL OF" and substitute
55 "AND MANAGED BY".
56
1 Page 4, line 6, after "INCLUDE" insert "THE COLORADO HOUSING AND
2 FINANCE AUTHORITY, AS DEFINED IN SECTION 29-4-703 (1);".
3
4 Page 4, line 10, strike the first "AND".
5
6 Page 4, line 11, strike "32-1-103 (24)." and substitute "32-1-103 (24);
7 METROPOLITAN DISTRICTS; WATER CONSERVANCY DISTRICTS CREATED
8 UNDER ARTICLE 45 OF TITLE 37; WATER ACTIVITY ENTERPRISES, AS
9 DEFINED IN SECTION 37-45.1-102 (4); AND WATER CONSERVATION
10 DISTRICTS CREATED UNDER ARTICLE 46, 47, 48, OR 50 OF TITLE 37.".
11
12 Page 4, line 15, strike "FIVE HUNDRED SQUARE FEET" and substitute
13 "THREE THOUSAND CONTINUOUS SQUARE FEET".
14
15 Page 4, line 16, strike "STRUCTURE" and substitute "STRUCTURE, NOT
16 CURRENTLY BEING CONSTRUCTED OR UNDERGOING RENOVATION,".
17
18 Page 4, strike lines 18 through 21.
19
20 Renumber succeeding subparagraph accordingly.
21
22 Page 4, line 23, strike "UNUSED LAND AND".
23
24 Page 4, line 26, after "OR" insert "ANY" and strike "UPON WHICH" and
25 substitute "OR INTERESTS OWNED BY A MUNICIPAL UTILITY OR A
26 MUNICIPALITY FOR THE BENEFIT OR USE OF A MUNICIPALLY OWNED
27 UTILITY; PUBLIC".
28
29 Page 4, strike line 27.
30
31 Page 5, strike lines 1 and 2 and substitute "EASEMENTS; DOMESTIC
32 WASTEWATER TREATMENT WORKS, AS DEFINED IN SECTION 25-8-103(5);
33 CONSERVATION EASEMENTS;".
34
35 Page 5, line 5, after "TRANSPORTATION" insert "OR THE REGIONAL
36 TRANSPORTATION DISTRICT ESTABLISHED BY ARTICLE 9 OF TITLE 32".
37
38 Page 5, line 19, strike "APPLICABLE:" and substitute "APPLICABLE AND
39 NOT ALREADY PROVIDED UNDER SUBSECTION (3.5) OF THIS SECTION:".
40
41 Page 5, line 20, after "ADDRESS" insert "OR, IF THERE IS NO ADDRESS, THE
42 LOCATION".
43
44 Page 5, strike lines 21 and 22.
45
46 Page 5, line 23, strike "(IV)" and substitute "(II)".
47
48 Page 5, line 25, after "PROPERTY;" add "AND".
49
50 Page 5, strike lines 26 and 27.
51
52 Page 6, lines 1 and 2, strike "(III) A DESCRIPTION THAT INCLUDES THE
53 CONDITION OF THE REAL PROPERTY AND A MEASUREMENT OF" and
54 substitute "(III) A MEASUREMENT, IN SQUARE FEET, OF THE".
55
56 Page 6, line 3, strike "VACANT, UNUSED, OR UNDERDEVELOPED." and
1 substitute "VACANT AND UNUSED.".
2
3 age 6, after line 3 insert:
4
5 "(d) EACH STATE AGENCY, STATE INSTITUTION OF HIGHER
6 EDUCATION, AND POLITICAL SUBDIVISION OF THE STATE SHALL SUBMIT TO
7 THE OFFICE AN E-MAIL ADDRESS OR PHONE NUMBER FOR INQUIRIES ABOUT
8 ANY LAND OWNED OR CONTROLLED BY THE STATE AGENCY, STATE
9 INSTITUTION OF HIGHER EDUCATION, OR POLITICAL SUBDIVSION OF THE
10 STATE AND, IF APPLICABLE, THE WEBSITE FOR ANY PUBLIC DATA
11 AVAILABLE FOR SUCH LAND FROM A GEOGRAPHIC INFORMATION SYSTEM
12 LAND POSITION, AS DEFINED IN SECTION 38-51-102 (7.5).".
13
14 Reletter succeeding paragraphs accordingly.
15
16 Page 6, strike lines 12 through 17.
17
18 Page 6, line 20, strike "(7)." and substitute "(7) AND ALL DATA REPORTED
19 ANNUALLY BY EACH STATE AGENCY AND STATE INSTITUTION OF HIGHER
20 EDUCATION PURSUANT TO SUBSECTION (3.5) OF THIS SECTION.".
21
22 Page 6, strike lines 22 through 24 and substitute "ABILITIES. THIS".
23
24 Page 6, line 26, after "NAVIGATE." add "THE OFFICE'S WEBSITE MUST
25 HAVE A DISCLAIMER STATING THAT THE DATABASE WILL BE UPDATED
26 ANNUALLY AND PROVIDE CONTACT INFORMATION FOR A CONTACT WHO
27 CAN POSSIBLY PROVIDE MORE FREQUENT UPDATES.".
28
29 Page 7, after line 3 insert:
30
31 "SECTION 3. In Colorado Revised Statutes, 22-30.5-104, add
32 (7.5)(c) as follows:
33 22-30.5-104. Charter school - requirements - authority - rules.
34 (7.5) (c) NOTWITHSTANDING SUBSECTION (7.5)(a) OF THIS SECTION, IF
35 ANY VACANT OR UNUSED BUILDING OWNED OR CONTROLLED BY A SCHOOL
36 DISTRICT QUALIFIES AS "USABLE REAL PROPERTY", AS DEFINED IN SECTION
37 24-30-1303.5 (7)(b)(IV), THEN THE SCHOOL DISTRICT OWNING OR
38 CONTROLLING THAT BUILDING DOES NOT NEED TO LIST THAT BUILDING IN
39 ANY LIST REQUIRED BY SUBSECTION (7.5)(a) OF THIS SECTION, BUT A
40 CHARTER SCHOOL OF THE SCHOOL DISTRICT OR CHARTER APPLICANT MAY
41 APPLY, IN ACCORDANCE WITH SUBSECTION (7.5)(a) OF THIS SECTION, TO
42 THE SCHOOL DISTRICT TO USE ANY SUCH BUILDING OR THE SCHOOL
43 DISTRICT LAND AS THE LOCATION FOR A CHARTER SCHOOL.".
44
45 Renumber succeeding section accordingly.
46
47

 

House Journal, February 11
42 HB20-1143 be amended as follows, and as so amended, be referred to
43 the Committee on Finance with favorable
44 recommendation:
45
46 Amend printed bill, page 5, line 11, after the period add "FOR
47 ACCOUNTING PURPOSES, EACH PENALTY AND FINE CREDITED TO THE FUND
48 PURSUANT TO THIS SECTION IS A DAMAGE AWARD.".
49
50 Page 6, line 3, strike "THREE" and substitute "FIVE".
51
52 Page 6, line 5, strike "ONE" and substitute "AT LEAST THREE".
53
54 Page 7, strike lines 12 through 27.
55
56 Strike page 8.
1 Page 9, strike lines 1 through 3 and substitute:
2
3 "(4) Powers and duties of the board. (a) THE BOARD HAS THE
4 FOLLOWING POWERS AND DUTIES:
5 (I) TO ADVISE THE DEPARTMENT ON THE IDENTIFICATION OF
6 ENVIRONMENTAL JUSTICE COMMUNITIES;
7 (II) TO RECOMMEND TO THE DEPARTMENT EMPS IN RESPONSE TO
8 VIOLATIONS THAT OCCUR IN, OR DIRECTLY AFFECT RESIDENTS OR
9 WORKERS IN, ENVIRONMENTAL JUSTICE COMMUNITIES;
10 (III) TO DEVELOP PROCEDURES FOR SOLICITING FOR, EVALUATING,
11 AND RECOMMENDING EMPS THAT ADDRESS ENVIRONMENTAL VIOLATIONS
12 IN ENVIRONMENTAL JUSTICE COMMUNITIES, INCLUDING ELIGIBILITY
13 REQUIREMENTS. THE PROCEDURES MUST:
14 (A) SPECIFY EMP CRITERIA IN ACCORDANCE WITH SUBSECTION
15 (5)(d) OF THIS SECTION, INCLUDING FOR WHEN IT MAY BE APPROPRIATE TO
16 COMBINE PENALTIES FROM MULTIPLE CASE SETTLEMENTS INTO ONE
17 SOLICITATION;
18 (B) INCLUDE PROCESSES FOR: NOTIFYING EACH ENVIRONMENTAL
19 JUSTICE COMMUNITY THAT WAS AFFECTED BY THE VIOLATION OR WILL BE
20 AFFECTED BY THE PROPOSED EMP; SOLICITING FEEDBACK FROM
21 RESIDENTS OF, WORKERS IN, AND REPRESENTATIVES OF THOSE
22 COMMUNITIES; AND HOLDING A PUBLIC HEARING AT WHICH THE PUBLIC
23 HAS AN OPPORTUNITY TO COMMENT ON THE PROPOSED EMP; AND
24 (C) INCLUDE PUBLIC ENGAGEMENT BEST PRACTICES AND
25 CONSIDERATION OF COMMUNITY INPUT RECEIVED AND A PROCESS FOR
26 COLLABORATING WITH IMPACTED COMMUNITIES WHEN SOLICITING FOR
27 EMP PROPOSALS;
28 (IV) TO SUBMIT AN ANNUAL REPORT TO THE COMMISSION WITH A
29 SUMMARY OF THE BOARD'S ACTIONS, INCLUDING A DESCRIPTION OF ALL
30 EMPS RECOMMENDED DURING THE PREVIOUS YEAR; AND
31 (V) TO MAKE RECOMMENDATIONS, AS REQUESTED BY THE
32 OMBUDSPERSON, TO ADVANCE THE DEPARTMENT'S EFFORTS IN
33 INCORPORATING PRINCIPLES OF ENVIRONMENTAL JUSTICE.
34 (b) (I) THE BOARD SHALL NOT BE INVOLVED IN AN ENFORCEMENT
35 MATTER UNTIL THE DEPARTMENT NOTIFIES THE BOARD THAT THE
36 DEPARTMENT HAS RESOLVED THE MATTER.
37 (II) THE BOARD SHALL USE ITS BEST EFFORTS TO RECOMMEND
38 EMPS WITHIN ONE HUNDRED EIGHTY DAYS AFTER NOTIFICATION BY THE
39 DEPARTMENT THAT AN ENFORCEMENT MATTER HAS BEEN RESOLVED WITH
40 FINES THAT WILL BE PAID INTO THE FUND.
41 (c) THIS SUBSECTION (4) IS REPEALED, EFFECTIVE SEPTEMBER 1,
42 2025. BEFORE THE REPEAL, THE FUNCTIONS OF THE BOARD ARE
43 SCHEDULED FOR REVIEW IN ACCORDANCE WITH SECTION 2-3-1203.
44 (5) Environmental mitigation projects. (a) THE DEPARTMENT
45 SHALL USE MONEY IN THE FUND TO PAY FOR EMPS.
46 (b) FOR VIOLATIONS THAT OCCURRED IN OR DIRECTLY AFFECTED
47 AN ENVIRONMENTAL JUSTICE COMMUNITY, THE DEPARTMENT SHALL
48 CONSIDER EMPS RECOMMENDED BY THE BOARD THAT BENEFIT THE
49 IMPACTED COMMUNITY.
50 (c) FOR VIOLATIONS THAT DID NOT OCCUR IN OR DIRECTLY AFFECT
51 AN ENVIRONMENTAL JUSTICE COMMUNITY, THE DEPARTMENT SHALL
52 AWARD EMPS IN ACCORDANCE WITH SUBSECTION (5)(d) OF THIS SECTION
53 AND SHALL:
54 (I) (A) SEEK PUBLIC COMMENT ON AN EMP THAT THE
55 DEPARTMENT INTENDS TO AWARD BY POSTING A SUMMARY OF THE EMP
56 ON THE DEPARTMENT'S WEBSITE IN A FORMAT THAT ALLOWS THE PUBLIC
1 TO SUBMIT COMMENTS; AND
2 (B) NOT APPROVE AN EMP UNTIL AT LEAST THIRTY DAYS AFTER
3 THE EMP HAS BEEN POSTED ON THE DEPARTMENT'S WEBSITE; AND
4 (II) PREPARE AN ANNUAL REPORT TO THE COMMISSION REGARDING
5 THE DEPARTMENT'S USE OF THE FUND THAT INCLUDES A DESCRIPTION OF
6 ALL DEPARTMENT-APPROVED EMPS.
7 (d) IN CONSULTATION WITH THE BOARD, THE DEPARTMENT SHALL
8 DEVELOP CRITERIA TO GUIDE IT IN MAKING DECISIONS CONCERNING THE
9 AWARDING OF EMPS. THE CRITERIA MAY INCLUDE:
10 (I) THE NEEDS OF THE COMMUNITY WHERE THE VIOLATION
11 OCCURRED;
12 (II) COMMUNITY SUPPORT FOR THE PROPOSED EMP;
13 (III) THE FEASIBILITY OF SUCCESSFUL IMPLEMENTATION OF THE
14 PROPOSED EMP;
15 (IV) THE NEXUS OF THE EMP TO THE VIOLATION; AND
16 (V) THE ENVIRONMENTAL AND PUBLIC HEALTH BENEFITS
17 RESULTING FROM THE IMPLEMENTATION OF THE EMP.".
18
19 Renumber succeeding subsection accordingly.
20
21 Page 10, line 4, after "(1.7)(a)(IV)," insert "(1.7)(c),".
22
23 Page 11, line 5, strike "STANDARDS" and substitute "CRITERIA".
24
25 Page 11, line 6, strike "(4)." and substitute "(5).".
26
27 Page 11, after line 6 insert:
28
29 "(c) The commission shall promulgate rules as may be necessary
30 to administer this subsection (1.7), including but not limited to, rules
31 defining who is eligible for grants and what criteria shall be used in
32 awarding grants; EXCEPT THAT THE COMMISSION NEED NOT PROMULGATE
33 RULES TO ADMINISTER SUBSECTION (1.7)(a)(V) OF THIS SECTION. Any
34 rules shall be promulgated in accordance with article 4 of title 24.
35 C.R.S.".
36
37

House Journal, February 28
23 HB20-1143 be amended as follows, and as so amended, be referred to
24 the Committee on Appropriations with favorable
25 recommendation:
26
27 Amend printed bill, page 10, lines 12 through 14, strike "FORTY-SEVEN
28 thousand THREE HUNDRED FIFTY-SEVEN dollars per day for each day
29 during which such THE violation occurs;" and substitute "FIFTY-FOUR
30 thousand EIGHT HUNDRED THIRTY-THREE dollars per day for each day
31 during which such PER violation; occurs".
32
33

House Journal, June 3
1 HB20-1143 be amended as follows, and as so amended, be referred to
2 the Committee of the Whole with favorable
3 recommendation:
4
5 Strike the Finance Committee Report, dated February 27, 2020.
6
7 Strike the Energy and Environment Committee Report, dated February
8 10, 2020, and substitute:
9
10 "Amend printed bill, strike everything below the enacting clause and
11 substitute:
12 "SECTION 1. In Colorado Revised Statutes, 25-7-122, amend
13 (1) introductory portion, (1)(b), and (1)(d) as follows:
14 25-7-122. Civil penalties - rules. (1) Upon application of the
15 division, penalties as determined under this article ARTICLE 7 may be
16 collected by the division by action instituted in the district court for the
17 district in which is located the air pollution source affected in accordance
18 with the following provisions:
19 (b) Any person who violates any requirement or prohibition of an
20 applicable emission control regulation of the commission, the state
21 implementation plan, a construction permit, any provision for the
22 prevention of significant deterioration under part 2 of this article ARTICLE
23 7, any provision related to attainment under part 3 of this article ARTICLE
24 7, or any provision of section 25-7-105, 25-7-106, 25-7-106.3,
25 25-7-106.8, 25-7-106.9, 25-7-108, 25-7-109, 25-7-111, 25-7-112,
26 25-7-113, 25-7-114.2, 25-7-114.5, 25-7-118, 25-7-206, 25-7-403,
27 25-7-404, 25-7-405, 25-7-407, 42-4-403, 42-4-404, 42-4-405, 42-4-406,
28 42-4-407, 42-4-409, 42-4-410, or 42-4-414 C.R.S., shall be IS subject to
29 a civil penalty of not more than fifteen FORTY-SEVEN thousand THREE
30 HUNDRED FIFTY-SEVEN dollars per day for each day of such THE violation;
31 except that:
32 (I) ON OR BEFORE DECEMBER 31, 2021, THE COMMISSION SHALL,
33 BY RULE, ANNUALLY ADJUST THE AMOUNT OF THE MAXIMUM CIVIL
34 PENALTY BASED ON THE PERCENTAGE CHANGE IN THE UNITED STATES
35 DEPARTMENT OF LABOR'S BUREAU OF LABOR STATISTICS CONSUMER PRICE
36 INDEX FOR DENVER-AURORA-LAKEWOOD FOR ALL ITEMS AND ALL URBAN
37 CONSUMERS, OR ITS SUCCESSOR INDEX; AND
38 (II) There shall be no Civil penalties SHALL NOT BE assessed or
39 collected against persons who violate emission regulations promulgated
40 by the commission for the control of odor until a compliance order issued
41 pursuant to section 25-7-115 and ordering compliance with the odor
42 regulation has been violated.
43 (d) Any person who violates any requirement, prohibition, or
44 order respecting an operating permit issued pursuant to section
45 25-7-114.3, including but not limited to failure to obtain such a permit,
46 or to operate in compliance with any term or condition thereof OF THE
47 PERMIT, or to pay the permit fee required under section 25-7-114.7 (2), or
48 WHO commits a violation of section 25-7-109.6 shall be IS subject to a
49 civil penalty of not more than fifteen FORTY-SEVEN thousand THREE
50 HUNDRED FIFTY-SEVEN dollars per day for each violation; EXCEPT THAT,
51 ON OR BEFORE DECEMBER 31, 2021, THE COMMISSION SHALL, BY RULE,
52 ANNUALLY ADJUST THE AMOUNT OF THE MAXIMUM CIVIL PENALTY BASED
53 ON THE PERCENTAGE CHANGE IN THE UNITED STATES DEPARTMENT OF
54 LABOR'S BUREAU OF LABOR STATISTICS CONSUMER PRICE INDEX FOR
55 DENVER-AURORA-LAKEWOOD FOR ALL ITEMS AND ALL URBAN
1 CONSUMERS, OR ITS SUCCESSOR INDEX.
2 SECTION 2. In Colorado Revised Statutes, 25-8-608, amend (1)
3 introductory portion and (1.7)(d)(II) as follows:
4 25-8-608. Civil penalties - rules - fund created - temporary
5 moratorium on penalties for minor violations - definitions - repeal.
6 (1) Except as otherwise provided in subsection (3) of this section, any A
7 person who violates any provision of this article or of any THIS ARTICLE
8 8, A permit issued under this article, or any ARTICLE 8, A control
9 regulation promulgated pursuant to this article ARTICLE 8, or any A final
10 cease-and-desist order or clean-up order shall be IS subject to a civil
11 penalty of not more than ten FIFTY-FOUR thousand EIGHT HUNDRED
12 THIRTY-THREE dollars per day for each day during which such PER
13 violation; occurs EXCEPT THAT, ON OR BEFORE DECEMBER 31, 2021, THE
14 COMMISSION SHALL, BY RULE, ANNUALLY ADJUST THE AMOUNT OF THE
15 MAXIMUM CIVIL PENALTY BASED ON THE PERCENTAGE CHANGE IN THE
16 UNITED STATES DEPARTMENT OF LABOR'S BUREAU OF LABOR STATISTICS
17 CONSUMER PRICE INDEX FOR DENVER-AURORA-LAKEWOOD FOR ALL
18 ITEMS AND ALL URBAN CONSUMERS, OR ITS SUCCESSOR INDEX. In
19 determining the amount of a penalty under this part 6, the following
20 factors shall be considered:
21 (1.7) (d) (II) This subsection (1.7)(d) is repealed, effective
22 September 1, 2021 2025.
23 SECTION 3. In Colorado Revised Statutes, 25-8-609, amend (2),
24 (3) introductory portion, (3)(a), and (3)(b) as follows:
25 25-8-609. Criminal pollution - penalties. (2) Prosecution under
26 paragraph (a) of subsection (1) of this section shall be commenced only
27 upon complaint filed REQUEST by the division or a peace officer, WHO
28 MUST PRESENT EVIDENCE BASED ON REASONABLE SUSPICION TO EITHER
29 THE ATTORNEY GENERAL OR A DISTRICT ATTORNEY FOR THE DISTRICT IN
30 WHICH AN ALLEGED VIOLATION OCCURS. NO CRIMINAL VIOLATION WILL BE
31 CHARGED WITHOUT PROBABLE CAUSE.
32 (3) Any person who commits criminal pollution of state waters
33 shall be fined, for each day the violation occurs, PENALIZED as follows:
34 (a) If the FOR A violation is committed with criminal negligence
35 or recklessly, as BOTH TERMS ARE defined in section 18-1-501, C.R.S., the
36 VIOLATOR IS GUILTY OF A MISDEMEANOR, PUNISHABLE BY A maximum
37 fine shall be twelve OF TWENTY-FIVE thousand five hundred dollars PER
38 DAY FOR EACH DAY THE VIOLATION OCCURS, IMPRISONMENT OF UP TO ONE
39 YEAR, OR BOTH.
40 (b) If the FOR A violation is committed knowingly or intentionally,
41 as BOTH TERMS ARE defined in section 18-1-501, C.R.S., the VIOLATOR IS
42 GUILTY OF A CLASS 5 FELONY AND, NOTWITHSTANDING SECTION
43 18-1.3-401, UPON CONVICTION THEREOF, SHALL BE PUNISHED BY A
44 maximum fine shall be twenty-five OF FIFTY thousand dollars PER DAY
45 FOR EACH DAY THE VIOLATION OCCURS, IMPRISONMENT OF UP TO THREE
46 YEARS, OR BOTH.
47 SECTION 4. In Colorado Revised Statutes, amend 25-8-610 as
48 follows:
49 25-8-610. Falsification and tampering - penalties. (1) Any
50 person who knowingly makes any MATERIAL false statement,
51 representation, or certification in any application, record, report, plan, or
52 other document filed or required to be maintained under this article
53 ARTICLE 8 or who falsifies, tampers with, or knowingly renders inaccurate
54 any monitoring device or method required to be maintained under this
55 article ARTICLE 8 is guilty of a misdemeanor CLASS 5 FELONY and, upon
1 conviction thereof, shall be punished by a fine of not more than ten
2 thousand dollars, or by imprisonment in the county jail for not more than
3 six months, or by both such fine and imprisonment AS SPECIFIED IN
4 SECTION 18-1.3-401.
5 (2) PROSECUTION UNDER THIS SECTION SHALL BE COMMENCED
6 UPON REQUEST BY THE DIVISION OR A PEACE OFFICER, WHO MUST PRESENT
7 EVIDENCE BASED ON REASONABLE SUSPICION TO EITHER THE ATTORNEY
8 GENERAL OR A DISTRICT ATTORNEY FOR THE DISTRICT IN WHICH AN
9 ALLEGED VIOLATION OCCURS. NO CRIMINAL VIOLATION WILL BE CHARGED
10 WITHOUT PROBABLE CAUSE.
11 (3) IF TWO SEPARATE OFFENSES UNDER THIS SECTION OCCUR IN
12 TWO SEPARATE OCCURRENCES DURING A PERIOD OF TWO YEARS,
13 NOTWITHSTANDING SECTION 18-1.3-401, THE MAXIMUM FINE AND PERIOD
14 OF IMPRISONMENT FOR THE SECOND OFFENSE ARE DOUBLE THE AMOUNTS
15 SPECIFIED IN SECTION 18-1.3-401.
16 (2) (4) Any penalty collected under this section shall be credited
17 to the general fund.
18 SECTION 5. Potential appropriation. Pursuant to section
19 2-2-703, C.R.S., any bill that results in a net increase in periods of
20 imprisonment in state correctional facilities must include an appropriation
21 of money that is sufficient to cover any increased capital construction, any
22 operational costs, and increased parole costs that are the result of the bill
23 for the department of corrections in each of the first five years following
24 the effective date of the bill. Because this act may increase periods of
25 imprisonment, this act may require a five-year appropriation.
26 SECTION 6. Applicability. This act applies to conduct
27 occurring, including fines assessed, on or after the effective date of this
28 act.
29 SECTION 7. Safety clause. The general assembly hereby finds,
30 determines, and declares that this act is necessary for the immediate
31 preservation of the public peace, health, or safety.".
32
33 Page 1, strike lines 104 and 105 and substitute "AND WATER QUALITY
34 VIOLATIONS.".".
35
36

House Journal, June 4
11 Amendment No. 1, Appropriations Report, dated June 3, 2020, and placed
12 in member’s bill file; Report also printed in House Journal, June 3, 2020.
13
14 Amendment No. 2, by Representative Gonzales-Gutierrez.
15
16 Amend the Appropriations Committee Report, dated June 3, 2020, page
17 3, lines 25 and 26, strike "ONE YEAR," and substitute "THREE HUNDRED
18 SIXTY-FOUR DAYS,".
19
20 As amended, ordered engrossed and placed on the Calendar for Third
21 Reading and Final Passage.
22

 

House Journal, February 14
8 HB20-1157 be amended as follows, and as so amended, be referred to
9 the Committee of the Whole with favorable
10 recommendation:
11
12 Amend printed bill, page 2, line 6, after "(2)(a)(VI)," insert "(2)(b)(II.5),".
13
14 Page 3, line 11, strike "A WATER RIGHT OWNER" and substitute "THE
15 OWNER OF ANY DECREED WATER RIGHT".
16
17 Page 6, line 13, strike "JURISDICTION" and substitute "SYSTEM".
18
19 Page 6, after line 13 insert:
20
21 "(II.5) THE APPLICANT HAS PROVEN THAT THE LOAN WILL NOT
22 INJURE DECREED WATER RIGHTS, DECREED EXCHANGES OF WATER, OR
23 OTHER WATER USERS' UNDECREED EXISTING EXCHANGES OF WATER TO
24 THE EXTENT THAT THE UNDECREED EXISTING EXCHANGES HAVE BEEN
25 ADMINISTRATIVELY APPROVED BEFORE THE DATE OF THE FILING OF THE
26 REQUEST FOR APPROVAL OF THE LOAN.".
27
28 Page 7, line 11, strike "rights" and substitute "rights, DECREED
29 EXCHANGES, OR UNDECREED EXCHANGES AS DESCRIBED IN SUBSECTION
30 (2)(b)(II.5) OF THIS SECTION".
31
32 Page 8, line 12, strike "ENGINEER" and substitute "ENGINEER, FOLLOWING
33 THE STATE ENGINEER'S CONSIDERATION OF ANY COMMENTS SUBMITTED
34 PURSUANT TO SUBSECTION (2)(a)(V) OF THIS SECTION,".
35
36 Page 8, line 15, strike "RIGHTS." and substitute "RIGHTS, DECREED
37 EXCHANGES, OR UNDECREED EXCHANGES AS DESCRIBED IN SUBSECTION
38 (2)(b)(II.5) OF THIS SECTION.".
39
40

 

House Journal, February 13
31 HB20-1164 be amended as follows, and as so amended, be referred to
32 the Committee of the Whole with favorable
33 recommendation:
34
35 Amend printed bill, page 2, line 4, after "districts," insert "HOUSING
36 AUTHORITIES,".
37
38 Page 2, line 10, strike "AUTHORITY" and substitute "AUTHORITY, AN
39 ENTITY IN WHICH A HOUSING AUTHORITY HAS AN OWNERSHIP INTEREST, OR
40 AN ENTITY IN WHICH AN ENTITY WHOLLY OWNED BY A HOUSING
41 AUTHORITY OR OF WHICH A HOUSING AUTHORITY IS THE SOLE MEMBER
42 HAS AN OWNERSHIP INTEREST,".
43
44 Page 2, line 11, strike "DEVELOPMENT".
45
46 Page 2, line 12, strike "DISTRICT." and substitute "DISTRICT; EXCEPT THAT
47 A HOUSING AUTHORITY OR ENTITY MAY ENTER INTO AN AGREEMENT WITH
48 A WATER CONSERVANCY DISTRICT TO PAY ALL OR A PORTION OF SUCH A
49 TAP FEE OR IMPACT FEE.".
50
51

 

House Journal, March 11
41 HB20-1180 be amended as follows, and as so amended, be referred to
42 the Committee on Finance with favorable
43 recommendation:
44
45 Amend printed bill, page 3, strike lines 13 through 24 and substitute:
46
47 "(b) SUBJECT TO SUBSECTION (3.5)(c)(I) OF THIS SECTION, THE
48 COMMISSIONER'S RULES ADOPTED PURSUANT TO SUBSECTION (3.5)(a) OF
49 THIS SECTION MUST ESTABLISH AN EXEMPTION FOR ANY:
50 (I) PET CARE PRODUCTS LABELED FOR USE TO MITIGATE FLEAS,
51 MITES, TICKS, HEARTWORMS, OR OTHER PESTS THAT ARE HARMFUL TO THE
52 HEALTH OF A DOMESTICATED ANIMAL;
53 (II) PERSONAL CARE PRODUCTS, INCLUDING THOSE PRODUCTS
54 LABELED FOR USE TO MITIGATE LICE;
55 (III) INDOOR PEST CONTROL PRODUCTS LABELED FOR USE TO
56 MITIGATE INSECTS INDOORS, INCLUDING ANT BAIT, AND ANY PEST
1 CONTROL PRODUCTS THAT ARE LABELED FOR USE TO MITIGATE INSECTS
2 BOTH INDOORS AND OUTDOORS; AND
3 (IV) PRESERVED WOOD PRODUCTS AND PRODUCTS USED TO
4 MANUFACTURE PRESERVED WOOD.".
5
6 Page 4, line 9, strike "(3.5)(b)(II)" and substitute "(3.5)(b)".
7
8

 

House Journal, February 21
26 HB20-1215 be amended as follows, and as so amended, be referred to
27 the Committee of the Whole with favorable
28 recommendation:
29
30 Amend printed bill, page 5, after line 17 insert:
31
32 "SECTION 5. Appropriation. For the 2020-21 state fiscal year,
33 $24,815 is appropriated to the department of public health and
34 environment for use by the drinking water program in the water quality
35 control division. This appropriation is from the water and wastewater
36 facility operators fund created in section 25-9-108 (1)(b), C.R.S. To
37 implement this act, the program may use this appropriation for operating
38 expenses.".
39
40 Renumber succeeding section accordingly.
41
42 Page 1, line 105 strike "AGENCIES." and substitute "AGENCIES AND
43 MAKING AN APPROPRIATION.".
44
45

Senate Journal, June 2
After consideration on the merits, the Committee recommends that HB20-1215 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.

Amend reengrossed bill, page 5, strike lines 26 and 27.

Strike page 6 and substitute:

"SECTION 6. Applicability. This act applies to conduct
occurring on or after the effective date of this act.
SECTION 7. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.".


Appro-
priations

Senate Journal, June 4
HB20-1215 by Representative(s) Valdez A. and Froelich; also Senator(s) Foote--Concerning the
continuation of the water and wastewater facility operators certification board, and, in
connection therewith, implementing the recommendations contained in the 2019 sunset
report by the department of regulatory agencies and making an appropriation.

Amendment No. 1, Appropriations Committee Amendment.
(Printed in Senate Journal, June 2, page 635 and placed in members' bill files.)

Amendment No. 2(L.003), by Senator Foote.

Amend reengrossed bill, page 4, line 6, strike "spills." and substitute
"spills".

Page 4, line 8, strike "discharge." and substitute "discharge AND
EXCLUDES CONSTRUCTION DEWATERING ACTIVITIES THAT UTILIZE ONLY
PASSIVE TREATMENT AND OCCUR FOR LESS THAN ONE YEAR.".


As amended, ordered revised and placed on the calendar for third reading and final
passage.

 

House Journal, March 11
10 HB20-1265 be amended as follows, and as so amended, be referred to
11 the Committee on Finance with favorable
12 recommendation:
13
14 Amend corrected printed bill, page 5, line 5, after "(b)" insert "(I)".
15
2017 16 Page 5, line 8, strike "11023:" and substitute "11023 FOR THE YEAR
17 OR LATER:".
18
19 Page 5, line 9, strike "(I)" and substitute "(A)".
20
21 Page 5, line 10, strike "(II)" and substitute "(B)".
22
23 Page 5, line 11, strike "(III)" and substitute "(C)" and after the semicolon
24 add "AND".
25
26 Page 5, line 12, strike "(IV)" and substitute "(D)".
27
28 Page 5, strike lines 13 and 14 and substitute:
29
30 "(II) "COVERED FACILITY" INCLUDES A STATIONARY SOURCE THAT
31 EMITS AN AIR TOXIC LISTED BY RULE PURSUANT TO SUBSECTION (2)(a) OF
32 THIS SECTION IF THE FACILITY HAS REPORTED AN AMOUNT THAT IS AT
33 LEAST THE AMOUNT SPECIFIED BY THE RULE BASED ON ITS FEDERAL
11023 34 TOXICS RELEASE INVENTORY FILINGS PURSUANT TO 42 U.S.C. SEC.
35 FOR THE TEN CALENDAR YEARS BEFORE THE EFFECTIVE DATE OF THE RULE.
36 (III) A STATIONARY SOURCE REMAINS A COVERED FACILITY UNTIL
37 BOTH THE FOLLOWING EVENTS OCCUR:
38 (A) THE FACILITY HAS NOT EXCEEDED ANY HEALTH-BASED
39 EMISSION LIMIT STANDARD PURSUANT TO SUBSECTION (3) OF THIS SECTION
40 DURING THE PREVIOUS TEN YEARS; AND
41 (B) THE EMISSION DATA DISSEMINATED PURSUANT TO SUBSECTION
42 (4)(a)(IV) OF THIS SECTION DEMONSTRATE THAT THE FACILITY NO LONGER
43 POSES A RISK TO PUBLIC HEALTH, AS DETERMINED BY THE DIVISION AFTER
44 OPPORTUNITY FOR NOTICE AND COMMENT AND A PUBLIC HEARING IN THE
45 AFFECTED COMMUNITY.".
46
47 Page 12, after line 3 insert:
48
49 "(i) A FACILITY THAT HAS INSTALLED MONITORING EQUIPMENT
50 PURSUANT TO A MONITORING PLAN SHALL CONTINUE TO DISSEMINATE
51 EMISSION DATA PURSUANT TO SUBSECTION (4)(a)(IV) OF THIS SECTION
52 IRRESPECTIVE OF WHETHER IT REMAINS A COVERED FACILITY.".
53
54

House Journal, June 1
23 HB20-1265 be amended as follows, and as so amended, be referred to
24 the Committee on Appropriations with favorable
25 recommendation:
26
27 Strike the Energy and Environment Committee Report, dated March 9,
28 2020, and substitute:
29
30 "Amend corrected printed bill, strike everything below the enacting
31 clause and substitute:
32
33 "SECTION 1. In Colorado Revised Statutes, add 25-7-141 as
34 follows:
35 25-7-141. Public notice of air quality incidents - duties of
36 covered entities - definitions. (1) AS USED IN THIS SECTION:
37 (a) "COVERED AIR TOXIC" MEANS HYDROGEN CYANIDE, HYDROGEN
38 SULFIDE, AND BENZENE.
39 (b) "COVERED FACILITY" MEANS A STATIONARY SOURCE THAT
40 REPORTED AT LEAST ONE OF THE FOLLOWING AMOUNTS OF A COVERED AIR
41 TOXIC IN ITS FEDERAL TOXICS RELEASE INVENTORY FILING PURSUANT TO
42 42 U.S.C. SEC. 11023 FOR THE YEAR 2017 OR LATER:
43 (I) FOR HYDROGEN CYANIDE, TEN THOUSAND POUNDS;
44 (II) FOR HYDROGEN SULFIDE, FIVE THOUSAND POUNDS; AND
45 (III) FOR BENZENE, ONE THOUSAND POUNDS.
46 (c) "EMERGENCY NOTIFICATION SERVICE" HAS THE MEANING
47 ESTABLISHED IN SECTION 29-11-101 (1.5).
48 (d) "INCIDENT" MEANS THE EMISSION BY A COVERED FACILITY OF
49 AN AIR POLLUTANT AT A RATE OR QUANTITY THAT EXCEEDS ALLOWABLE
50 EMISSIONS AS A RESULT OF ANTICIPATED OR UNANTICIPATED
51 CIRCUMSTANCES, INCLUDING A MALFUNCTION, START-UP, SHUTDOWN,
52 UPSET, OR EMERGENCY.
53 (2) EACH COVERED FACILITY SHALL:
54 (a) CONDUCT OUTREACH TO REPRESENTATIVES OF THE
55 COMMUNITY SURROUNDING THE COVERED FACILITY TO DISCUSS
56 COMMUNICATIONS REGARDING THE OCCURRENCE OF AN INCIDENT,
1 INCLUDING:
2 (I) METHODS BY WHICH THE COVERED FACILITY CAN DISSEMINATE
3 INFORMATION TO THE COMMUNITY AND METHODS BY WHICH COMMUNITY
4 MEMBERS CAN CONTACT THE COVERED FACILITY REGARDING AN INCIDENT;
5 AND
6 (II) PROVISIONS FOR COMMUNICATIONS IN SPANISH;
7 (b) USE AN EMERGENCY NOTIFICATION SERVICE THROUGH WHICH
8 THE COVERED FACILITY WILL COMMUNICATE WITH, AND MAKE DATA
9 AVAILABLE TO, THE COMMUNITY SURROUNDING THE COVERED FACILITY
10 REGARDING THE OCCURRENCE OF AN INCIDENT;
11 (c) IMPLEMENT THE EMERGENCY NOTIFICATION SERVICE WITHIN
12 SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION; AND
13 (d) PAY ALL COSTS ASSOCIATED WITH ITS USE OF THE EMERGENCY
14 NOTIFICATION SERVICE.
15 SECTION 2. Applicability. This act applies to conduct occurring
16 on or after the effective date of this act.
17 SECTION 3. Safety clause. The general assembly hereby finds,
18 determines, and declares that this act is necessary for the immediate
19 preservation of the public peace, health, or safety.".".
20
21

 

Senate Journal, February 7
After consideration on the merits, the Committee recommends that SB20-008 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend printed bill, page 2, line 6, strike "officer" and substitute "officer,
WHO MUST PRESENT EVIDENCE BASED ON REASONABLE SUSPICION".

Page 2, line 8, after the period add "NO CRIMINAL VIOLATION WILL BE
CHARGED WITHOUT PROBABLE CAUSE.".

Page 3, line 11, after "any" insert "MATERIAL".

Page 3, line 21, strike "OFFICER" and substitute "OFFICER, WHO MUST
PRESENT EVIDENCE BASED ON REASONABLE SUSPICION".

Page 3, line 23, after the period add "NO CRIMINAL VIOLATION WILL BE
CHARGED WITHOUT PROBABLE CAUSE.".


Education

 

Senate Journal, February 21
After consideration on the merits, the Committee recommends that SB20-159 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

Amend printed bill, page 4, line 5, strike "facility-specific".

Page 4, line 20, after "THE" insert "OFFICE OF THE STATE ARCHITECT
WITHIN THE".

Page 4, strike lines 21 and 22 and substitute "BY POLICY A".

Page 4, line 26, strike "SET" and substitute "BASE".
Page 4, line 27, strike "AT" and substitute "ON".

Page 5, line 1, strike "FACILITY-SPECIFIC".

Page 5, line 2, after "THE" insert "OFFICE OF THE STATE ARCHITECT
WITHIN THE".

Page 5, line 4, strike "DECLARATIONS." and substitute "DECLARATIONS
AND SHALL INCLUDE TRANSPORTATION-RELATED EMISSIONS AS PART OF
THE GLOBAL WARMING POTENTIAL EMISSIONS.".

Page 5, line 7, strike "FACILITY-SPECIFIC".

Page 5, line 23, strike "DOWNWARD".

Page 5, strike lines 24 and 25 and substitute "REFLECT INDUSTRY
CONDITIONS. THE DEPARTMENT SHALL".

Page 5, line 27, after "(a)" insert "(I)" and after "CONTRACTS FOR" insert
"THE DESIGN OF".

Page 6, line 1, strike "2021," and substitute "2022,".

Page 6, line 2, strike "CONTRACTOR" and substitute "DESIGNER".

Page 6, line 3, strike "FACILITY-SPECIFIC".

Page 6, strike lines 7 though 16 and substitute "UNIFORM STANDARDS IN
DATA COLLECTION, AS SET BY POLICY BY THE OFFICE OF THE STATE
ARCHITECT WITHIN THE DEPARTMENT FOR EACH ELIGIBLE MATERIAL
PROPOSED TO BE USED IN THE PUBLIC PROJECT THAT MEET THE MAXIMUM
ACCEPTABLE GLOBAL WARMING POTENTIAL FOR EACH CATEGORY OF
ELIGIBLE MATERIALS OR, IN THE ALTERNATIVE, A MAXIMUM ACCEPTABLE
GLOBAL WARMING POTENTIAL FOR THE PROJECT IN THE AGGREGATE.
(II) IF A PRODUCT THAT MEETS THE MAXIMUM GLOBAL WARMING
POTENTIAL FOR A CATEGORY OF ELIGIBLE MATERIALS IS NOT PRICED OR
IS NOT AVAILABLE ON A REASONABLE BASIS AT THE TIME OF DESIGN OR
CONSTRUCTION, THE OFFICE OF THE STATE ARCHITECT WITHIN THE
DEPARTMENT MAY WAIVE THE REQUIREMENTS OF THIS SECTION FOR THAT
PRODUCT.
(b) FOR INVITATION FOR BIDS FOR CONTRACTS FOR PUBLIC
PROJECTS ISSUED ON OR AFTER JULY 1, 2022, AN AGENCY OF
GOVERNMENT SHALL SPECIFY THE ELIGIBLE MATERIALS THAT WILL BE
USED IN THE PROJECT.".

Page 6, line 18, strike "FACILITY-SPECIFIC".

Page 6, line 24, strike "A FACILITY-SPECIFIC" and substitute "AN".

Page 6, line 26, after "SECTION." add "THE ENVIRONMENTAL PRODUCT
DECLARATION SHALL BE DEEMED APPROVED IF IT COMPLIES WITH THE
ORIGINAL SPECIFICATION. IF AN ENVIRONMENTAL PRODUCT
DECLARATION IS NOT AVAILABLE FOR AN ELIGIBLE MATERIAL, THE
CONTRACTOR SHALL NOTIFY THE AGENCY OF GOVERNMENT AND INSTALL
THE ELIGIBLE MATERIAL AS ORIGINALLY SPECIFIED. IF A PRODUCT
MEETING THE MAXIMUM GLOBAL WARMING POTENTIAL FOR A CATEGORY
OF ELIGIBLE MATERIALS IS NOT PRICED OR IS NOT AVAILABLE TO THE
CONTRACTOR ON A REASONABLE BASIS, THE AGENCY OF GOVERNMENT
MAY WAIVE THE REQUIREMENTS OF THIS SECTION FOR THAT PRODUCT.
THE AGENCY OF GOVERNMENT SHALL REPORT WAIVERS TO THE OFFICE OF
THE STATE ARCHITECT WITHIN THE DEPARTMENT.".

Page 7, line 2, after "TIME." add "REDUCTION OF GREENHOUSE GAS
EMISSIONS ACHIEVED UNDER THIS SECTION SHALL BE CREDITED UNDER
THE PROCESS CREATED IN SECTION 25-7-105 (1)(e).".

Page 7, strike line 10 through 27.
Page 8, strike lines 1 through 6.

Renumber succeeding section accordingly.


Health &
Human
Services

Senate Journal, March 13
After consideration on the merits, the Committee recommends that SB20-159 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend printed bill, page 8, before line 7 insert:

"SECTION 4. Appropriation. For the 2020-21 state fiscal year,
$37,676 is appropriated to the department of personnel for use by the
office of the state architect. This appropriation is from the general fund
and is based on an assumption that the office will require an additional
0.4 FTE. To implement this act, the office may use this appropriation for
program costs.".

Renumber succeeding section accordingly.

Page 1, line 102, strike "PROJECTS." and substitute "PROJECTS, AND, IN
CONNECTION THEREWITH, MAKING AN APPROPRIATION.".


Appro-
priations