Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-1023.01 Jason Gelender x4330
HOUSE BILL 22-1382
House Committees Senate Committees
Agriculture, Livestock, & Water
A BILL FOR AN ACT
C
ONCERNING THE DESIGNATION AND PROMOTION OF DARK SKY101
LOCATIONS IN COLORADO.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The International Dark-Sky Association (IDA) encourages
communities, parks, and protected areas to preserve and protect dark skies
by various means, including an international dark sky places program that
offers designations for 5 types of dark sky places. The bill requires the
Colorado tourism office (office) to establish the Colorado designated dark
sky designation technical assistance grant program (program) to:
HOUSE SPONSORSHIP
McCluskie,
SENATE SPONSORSHIP
Donovan,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. ! Provide technical assistance grants to applicants seeking
direct support from the IDA for activities related to
international dark sky designation; and
! Provide general education and outreach about dark skies
and specifically promote responsible and sustainable
tourism opportunities in designated dark sky places in the
state.
The office may contract with the Colorado chapter of the IDA to
help the office develop its program policies, evaluate grant applications,
and make recommendations to the office regarding which applicants
should receive grant awards and what the amount of each award should
be. The office may also contract with the Colorado chapter of the IDA to
provide general education and outreach and to promote tourism. To fund
the program, the bill requires $50,000 to be transferred from the general
fund to the Colorado travel and tourism additional source fund, which
current law continuously appropriates to the office.
On or before November 1, 2023, the office is required to submit
a report detailing the expenditure of the money dedicated to the program
to the house of representatives business affairs and labor committee and
the senate business, labor, and technology committee, or their successor
committees. The report must specify the grant-supported actions taken in
furtherance of designating new dark sky places and indicate how many
program grant recipients have had a community or other place designated
as a designated dark sky place.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 24-49.7-110 as2
follows:3
24-49.7-110. Colorado dark sky designation technical4
assistance grant program - funding - report - legislative declaration5
- definitions. (1) T
HE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES6
THAT:7
(a) T
HE AESTHETIC BEAUTY AND WONDER OF NATURAL DARK8
SKIES AT NIGHT ARE INHERENT TO THE CHARACTER AND ALLURE OF THE9
STATE;10
(b) T
HE GROWING PROBLEM OF LIGHT POLLUTION , INCLUDING SKY11
HB22-1382-2- GLOW, GLARE, AND LIGHT TRESPASS, WHICH IS ALSO KNOWN AS SPILL1
LIGHT, IS ATTRIBUTED TO THE USE OF ARTIFICIAL LIGHT AT NIGHT AND HAS2
BEEN SCIENTIFICALLY LINKED TO NEGATIVE EFFECTS ON THE HEALTH AND3
WELL-BEING OF PEOPLE, PLANTS, AND ANIMALS, WHILE NATURAL DARK4
SKIES AT NIGHT HAVE BEEN SCIENTIFICALLY LINKED TO POSITIVE HEALTH5
EFFECTS;6
(c) T
HE NIGHTTIME ENVIRONMENT IS BOTH A NATURAL AND7
CULTURAL RESOURCE;8
(d) D
ARK SKY TOURISM COMBINES ELEMENTS OF ASTROTOURISM ,9
CULTURAL HERITAGE TOURISM , NATURE AND WILDLIFE TOURISM , AND10
HEALTH AND WELLNESS TOURISM AND EMPHASIZES STEWARDSHIP OF THE11
NIGHTTIME ENVIRONMENT ;12
(e) T
HE INTERNATIONAL DARK-SKY ASSOCIATION, REFERRED TO13
IN THIS SECTION AS THE "IDA", ENDEAVORS TO PRESERVE DARK SKIES AT14
NIGHT AND TO INCREASE THE NUMBER OF PLACES THAT HAVE DARK SKIES15
AT NIGHT BY REDUCING ARTIFICIAL LIGHT POLLUTION THROUGH A VARIETY16
OF MEANS, INCLUDING AN INTERNATIONAL DARK SKY PLACES PROGRAM ,17
HEREINAFTER REFERRED TO AS THE "IDSP PROGRAM". UNDER THE IDSP18
PROGRAM, A COMMUNITY OR OTHER PLACE THAT SATISFIES SPECIFIED19
CRITERIA CAN BECOME ONE OF THE FOLLOWING TYPES OF DESIGNATED20
DARK SKY PLACES:21
(I) A
N INTERNATIONAL DARK SKY COMMUNITY ;22
(II) A
N INTERNATIONAL DARK SKY PARK ;23
(III) A
N INTERNATIONAL DARK SKY RESERVE ;24
(IV) A
N INTERNATIONAL DARK SKY SANCTUARY ; OR25
(V) A
N URBAN NIGHT SKY PLACE;26
(f) I
NCREASING NUMBERS OF COLORADANS AND COLORADO27
HB22-1382
-3- COMMUNITIES ARE RECOGNIZING THE ECONOMIC , ECOLOGICAL, CULTURAL,1
AND SOCIETAL BENEFITS OF PRESERVING AND EXPANDING DARK SKY2
PLACES BY IMPLEMENTING IDA-APPROVED LIGHTING INITIATIVES AND3
APPLYING FOR DESIGNATED DARK SKY PLACE STATUS UNDER THE IDSP4
PROGRAM, BUT MANY COLORADANS AND COLORADO COMMUNITIES5
EITHER DO NOT YET KNOW ABOUT THE BENEFITS OF PRESERVING AND6
EXPANDING DARK SKY PLACES OR ABOUT THE IDSP PROGRAM OR REQUIRE7
TECHNICAL ASSISTANCE TO TAKE THE STEPS NECESSARY TO ACHIEVE8
DESIGNATED DARK SKY PLACE STATUS FOR A COMMUNITY OR OTHER9
PLACE;10
(g) T
HROUGH DARK SKY EDUCATION , OUTREACH, PRACTICES, AND11
POLICIES, A CONNECTION TO THE NATURAL NIGHTTIME ENVIRONMENT CAN12
BE REESTABLISHED FOR PRESENT AND FUTURE GENERATIONS ; AND13
(h) I
T THEREFORE SERVES PRIMARILY A PUBLIC PURPOSE AND IS14
NECESSARY, APPROPRIATE, AND IN THE BEST INTEREST OF ALL15
C
OLORADANS TO PROVIDE FUNDING TO THE OFFICE SO THAT THE OFFICE16
CAN:17
(I) P
ROVIDE TECHNICAL ASSISTANCE GRANTS TO APPLICANTS18
SEEKING SUPPORT FOR AN APPLICATION TO THE IDA FOR A COMMUNITY OR19
PLACE TO BE GRANTED DESIGNATED DARK SKY PLACE STATUS ; AND20
(II) C
ONTRACT WITH THE COLORADO CHAPTER OF THE IDA TO21
HELP THE OFFICE ADMINISTER THE GRANT PROGRAM , PROMOTE THE22
PRESERVATION AND EXPANSION OF DESIGNATED DARK SKY PLACES IN THE23
STATE IN ACCORDANCE WITH BEST STEWARDSHIP PRACTICES , AND24
PROMOTE TOURISM OPPORTUNITIES IN DESIGNATED DARK SKY PLACES IN25
THE STATE.26
(2) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE27
HB22-1382
-4- REQUIRES:1
(a) "A
DDITIONAL SOURCE FUND" MEANS THE COLORADO TRAVEL2
AND TOURISM ADDITIONAL SOURCE FUND CREATED IN SECTION3
24-49.7-106
(2).4
(b) "A
PPLICANT" MEANS A COMMUNITY, INDIVIDUAL, GROUP OF5
INDIVIDUALS, OR ENTITY THAT HAS APPLIED TO THE IDA TO HAVE A6
COMMUNITY OR OTHER PLACE DESIGNATED AS A DESIGNATED DARK SKY7
PLACE AND THAT APPLIES FOR A GRANT .8
(c) "D
ESIGNATED DARK SKY PLACE" MEANS A PLACE IN COLORADO9
THAT IS DESIGNATED BY THE IDA THROUGH THE IDSP PROGRAM AS AN10
INTERNATIONAL DARK SKY COMMUNITY , INTERNATIONAL DARK SKY PARK,11
INTERNATIONAL DARK SKY RESERVE , INTERNATIONAL DARK SKY12
SANCTUARY, OR URBAN NIGHT SKY PLACE.13
(d) "IDA
TECHNICAL ASSISTANCE" MEANS ASSISTANCE PROVIDED14
BY THE IDA TO AN APPLICANT FOR THE PURPOSE OF HELPING THE15
APPLICANT SATISFY THE REQUIREMENTS FOR THE DESIGNATION OF A16
COMMUNITY OR PLACE AS A DESIGNATED DARK SKY PLACE .17
(e) "P
ROGRAM" MEANS THE COLORADO DARK SKY DESIGNATION18
TECHNICAL ASSISTANCE GRANT PROGRAM ESTABLISHED BY THE OFFICE AS19
REQUIRED BY SUBSECTION (3) OF THIS SECTION.20
(f) "T
ECHNICAL ASSISTANCE GRANT " OR "GRANT" MEANS AN21
AWARD MADE BY THE OFFICE TO AN APPLICANT TO PAY FOR IDA22
TECHNICAL ASSISTANCE IN ACCORDANCE WITH THE REQUIREMENTS OF23
THIS SECTION AND THE POLICIES ESTABLISHED BY THE OFFICE PURSUANT24
TO SUBSECTION (3) OF THIS SECTION.25
(3) (a) T
HE OFFICE SHALL ESTABLISH THE COLORADO DARK SKY26
DESIGNATION TECHNICAL ASSISTANCE GRANT PROGRAM IN ACCORDANCE27
HB22-1382
-5- WITH THE REQUIREMENTS OF THIS SECTION AND THE POLICIES THAT THE1
OFFICE ESTABLISHES PURSUANT TO THIS SUBSECTION (3). THE PROGRAM2
MAY PROVIDE TECHNICAL ASSISTANCE GRANTS FROM THE ADDITIONAL3
SOURCE FUND TO APPLICANTS. THE OFFICE SHALL ESTABLISH POLICIES FOR4
THE PROGRAM INCLUDING POLICIES THAT GOVERN THE GRANT5
APPLICATION PROCESS AND REQUIRE APPLICANTS TO DEMONSTRATE6
COMMUNITY AND STAKEHOLDER SUPPORT , AS DEFINED IN THE POLICIES,7
FOR THE DESIGNATED DARK SKY PLACE APPLICATION FOR THE COMMUNITY8
OR OTHER PLACE TO WHICH THE GRANT APPLICATION PERTAINS . THE9
OFFICE MAY CONTRACT WITH THE IDA TO HELP THE OFFICE DEVELOP ITS10
PROGRAM POLICIES, EVALUATE GRANT APPLICATIONS , AND MAKE11
RECOMMENDATIONS TO THE OFFICE REGARDING WHICH APPLICANTS12
SHOULD RECEIVE GRANT AWARDS AND WHAT THE AMOUNT OF EACH13
AWARD SHOULD BE.14
(b) T
HE OFFICE, ON ITS OWN, IN CONSULTATION WITH THE IDA, OR15
BY CONTRACTING WITH THE IDA, SHALL PROVIDE GENERAL EDUCATION16
AND OUTREACH ABOUT DARK SKIES AND SPECIFICALLY PROMOTE17
RESPONSIBLE AND SUSTAINABLE TOURISM OPPORTUNITIES IN DESIGNATED18
DARK SKY PLACES IN THE STATE.19
(4) O
N JULY 1, 2022, THE STATE TREASURER SHALL TRANSFER20
THIRTY-FIVE THOUSAND DOLLARS FROM THE GENERAL FUND TO THE21
ADDITIONAL SOURCE FUND . NOTWITHSTANDING SECTION 24-49.7-10622
(3)(b),
THE OFFICE SHALL SPEND THIS MONEY , WHICH IS CONTINUOUSLY23
APPROPRIATED TO THE OFFICE, ONLY:24
(a) T
O MAKE TECHNICAL ASSISTANCE GRANTS ;25
(b) I
F THE OFFICE CONTRACTS WITH THE IDA AS AUTHORIZED BY26
SUBSECTION (3) OF THIS SECTION, TO PAY THE IDA IN ACCORDANCE WITH27
HB22-1382
-6- THE TERMS OF THE CONTRACT TO:1
(I) A
SSIST IN ADMINISTERING THE GRANT PROGRAM ;2
(II) P
ROVIDE GENERAL EDUCATION ABOUT AND PROMOTE GENERAL3
AWARENESS OF THE BENEFITS OF PRESERVING AND EXPANDING DARK SKY4
PLACES AND THE IMPORTANCE OF USING BEST STEWARDSHIP PRACTICES5
WHEN MANAGING ACCESS TO DARK SKY PLACES ; AND6
(III) S
PECIFICALLY PROMOTE RESPONSIBLE AND SUSTAINABLE7
TOURISM OPPORTUNITIES IN DESIGNATED DARK SKY PLACES IN THE STATE ;8
AND9
(c) T
O COVER THE OFFICE'S DIRECT AND INDIRECT COSTS OF10
ADMINISTERING AND IMPLEMENTING THE PROGRAM .11
(5) O
N OR BEFORE NOVEMBER 1, 2023, THE OFFICE SHALL SUBMIT12
A REPORT DETAILING THE EXPENDITURE OF THE MONEY TRANSFERRED TO13
THE ADDITIONAL SOURCE FUND PURSUANT TO SUBSECTION (4) OF THIS14
SECTION TO THE HOUSE OF REPRESENTATIVES BUSINESS AFFAIRS AND15
LABOR COMMITTEE AND THE SENATE BUSINESS , LABOR, AND TECHNOLOGY16
COMMITTEE, OR THEIR SUCCESSOR COMMITTEES . THE REPORT SHALL17
SPECIFY THE GRANT-SUPPORTED ACTIONS TAKEN IN FURTHERANCE OF18
DESIGNATING NEW DARK SKY PLACES AND INDICATE HOW MANY GRANT19
RECIPIENTS HAVE HAD A COMMUNITY OR OTHER PLACE DESIGNATED AS A20
DESIGNATED DARK SKY PLACE .21
SECTION 2. Safety clause. The general assembly hereby finds,22
determines, and declares that this act is necessary for the immediate23
preservation of the public peace, health, or safety.24
HB22-1382
-7-