Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 22-1023.01 Jason Gelender x4330
HOUSE BILL 22-1382
House Committees Senate Committees
Agriculture, Livestock, & Water State, Veterans, & Military Affairs
Appropriations Appropriations
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:
SENATE
2nd Reading Unamended
May 3, 2022
HOUSE
3rd Reading Unamended
April 25, 2022
HOUSE
Amended 2nd Reading
April 22, 2022
HOUSE SPONSORSHIP
McCluskie and Catlin, Bernett, Bird, Boesenecker, Caraveo, Carver, Cutter, Daugherty,
Duran, Gonzales-Gutierrez, Herod, Hooton, Jodeh, Kennedy, Kipp, Larson, Lindsay, Lontine,
Lynch, McCormick, McLachlan, Michaelson Jenet, Mullica, Ortiz, Roberts, Soper, Titone,
Valdez A., Valdez D., Weissman, Will, Woodrow
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
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
BE CERTIFIED BY THE IDA AS ONE OF THE FOLLOWING TYPES20
OF DESIGNATED 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
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 CERTIFIED BY THE IDA AS A DESIGNATED DARK SKY PLACE;20
AND21
(II) C
ONTRACT WITH THE
IDA AND THE COLORADO CHAPTER OF22
THE IDA TO HELP THE OFFICE ADMINISTER THE GRANT PROGRAM ,23
PROMOTE THE PRESERVATION AND EXPANSION OF DESIGNATED DARK SKY24
PLACES IN THE STATE IN ACCORDANCE WITH BEST STEWARDSHIP25
PRACTICES, AND PROMOTE TOURISM OPPORTUNITIES IN DESI GNATED DARK26
SKY PLACES IN THE STATE.27
1382
-4- (2) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE1
REQUIRES:2
(a) "A
DDITIONAL SOURCE FUND" MEANS THE COLORADO TRAVEL3
AND TOURISM ADDITIONAL SOURCE FUND CREATED IN SECTION4
24-49.7-106
(2).5
(b) "A
PPLICANT" MEANS A COMMUNITY, INDIVIDUAL, GROUP OF6
INDIVIDUALS, OR ENTITY THAT HAS APPLIED TO THE IDA TO HAVE A7
COMMUNITY OR OTHER PLACE
CERTIFIED BY THE IDA AS A DESIGNATED8
DARK SKY PLACE AND THAT APPLIES FOR A GRANT .9
(c) "COLORADO CHAPTER OF THE IDA" MEANS A COLORADO10
SINGLE MEMBER LIMITED LIABILITY COMPANY THAT HAS THE IDA AS ITS11
SOLE MEMBER RELATIONSHIP.12
(d) "DESIGNATED DARK SKY PLACE" MEANS A PLACE IN COLORADO13
THAT IS CERTIFIED BY THE IDA THROUGH THE IDSP PROGRAM AS AN14
INTERNATIONAL DARK SKY COMMUNITY , INTERNATIONAL DARK SKY PARK,15
INTERNATIONAL DARK SKY RESERVE , INTERNATIONAL DARK SKY16
SANCTUARY, OR URBAN NIGHT SKY PLACE.17
(e) "IDA TECHNICAL ASSISTANCE" MEANS ASSISTANCE PROVIDED18
BY THE IDA TO AN APPLICANT FOR THE PURPOSE OF HELPING THE19
APPLICANT SATISFY THE REQUIREMENTS FOR THE CERTIFICATION BY THE20
IDA OF A COMMUNITY OR PLACE AS A DESIGNATED DARK SKY PLACE .21
(f) "PROGRAM" MEANS THE COLORADO DARK SKY DESIGNATION22
TECHNICAL ASSISTANCE GRANT PROGRAM ESTABLISHED BY THE OFFICE AS23
REQUIRED BY SUBSECTION (3) OF THIS SECTION.24
(g) "TECHNICAL ASSISTANCE GRANT " OR "GRANT" MEANS AN25
AWARD MADE BY THE OFFICE TO AN APPLICANT TO PAY FOR IDA26
TECHNICAL ASSISTANCE IN ACCORDANCE WITH THE REQUIREMENTS OF27
1382
-5- THIS SECTION AND THE POLICIES ESTABLISHED BY THE OFFICE PURSUANT1
TO SUBSECTION (3) OF THIS SECTION.2
(3) (a) T
HE OFFICE SHALL ESTABLISH THE COLORADO DARK SKY3
DESIGNATION TECHNICAL ASSISTANCE GRANT PROGRAM IN ACCORDANCE4
WITH THE REQUIREMENTS OF THIS SECTION AND THE POLICIES THAT THE5
OFFICE ESTABLISHES PURSUANT TO THIS SUBSECTION (3). THE PROGRAM6
MAY PROVIDE TECHNICAL ASSISTANCE GRANTS FROM THE ADDITIONAL7
SOURCE FUND TO APPLICANTS. THE OFFICE SHALL ESTABLISH POLICIES FOR8
THE PROGRAM INCLUDING POLICIES THAT GOVERN THE GRANT9
APPLICATION PROCESS AND REQUIRE APPLICANTS TO DEMONSTRATE10
COMMUNITY AND STAKEHOLDER SUPPORT , AS DEFINED IN THE POLICIES,11
FOR THE DESIGNATED DARK SKY PLACE APPLICATION FOR THE COMMUNITY12
OR OTHER PLACE TO WHICH THE GRANT APPLICATION PERTAINS . THE13
OFFICE MAY CONTRACT WITH THE IDA
AND THE COLORADO CHAPTER OF14
THE IDA TO HELP THE OFFICE DEVELOP ITS PROGRAM POLICIES, EVALUATE15
GRANT APPLICATIONS, AND MAKE RECOMMENDATIONS TO THE OFFICE16
REGARDING WHICH APPLICANTS SHOULD RECEIVE GRANT AWARDS AND17
WHAT THE AMOUNT OF EACH AWARD SHOULD BE .18
(b) T
HE OFFICE, ON ITS OWN, IN CONSULTATION WITH THE
IDA AND19
THE COLORADO CHAPTER OF THE IDA, OR BY CONTRACTING WITH THE20
IDA AND THE COLORADO CHAPTER OF THE IDA, SHALL PROVIDE GENERAL21
EDUCATION AND OUTREACH ABOUT DARK SKIES AND SPECIFICALLY22
PROMOTE RESPONSIBLE AND SUSTAINABLE TOURISM OPPORTUNITIES IN23
DESIGNATED DARK SKY PLACES IN THE STATE .24
(4) O
N JULY 1, 2022, THE STATE TREASURER SHALL TRANSFER25
THIRTY-FIVE THOUSAND DOLLARS FROM THE GENERAL FUND TO THE26
ADDITIONAL SOURCE FUND . NOTWITHSTANDING SECTION 24-49.7-10627
1382
-6- (3)(b), THE OFFICE SHALL SPEND THIS MONEY , WHICH IS CONTINUOUSLY1
APPROPRIATED TO THE OFFICE, ONLY:2
(a) T
O MAKE TECHNICAL ASSISTANCE GRANTS ;3
(b) I
F THE OFFICE CONTRACTS WITH THE IDA
AND THE COLORADO4
CHAPTER OF THE IDA AS AUTHORIZED BY SUBSECTION (3) OF THIS5
SECTION, TO PAY THE IDA AND THE COLORADO CHAPTER OF THE IDA IN6
ACCORDANCE WITH THE TERMS OF THE CONTRACT TO :7
(I) A
SSIST IN ADMINISTERING THE GRANT PROGRAM ;8
(II) P
ROVIDE GENERAL EDUCATION ABOUT AND PROMOTE GENERAL9
AWARENESS OF THE BENEFITS OF PRESERVING AND EXPANDING DARK SKY10
PLACES AND THE IMPORTANCE OF USING BEST STEWARDSHIP PRACTICES11
WHEN MANAGING ACCESS TO DARK SKY PLACES ; AND12
(III) S
PECIFICALLY PROMOTE RESPONSIBLE AND SUSTAINABLE13
TOURISM OPPORTUNITIES IN DESIGNATED DARK SKY PLACES IN THE STATE ;14
AND15
(c) T
O COVER THE OFFICE'S DIRECT AND INDIRECT COSTS OF16
ADMINISTERING AND IMPLEMENTING THE PROGRAM .17
(5) O
N OR BEFORE NOVEMBER 1, 2023, THE OFFICE SHALL SUBMIT18
A REPORT DETAILING THE EXPENDITURE OF THE MONEY TRANSFERRED TO19
THE ADDITIONAL SOURCE FUND PURSUANT TO SUBSECTION (4) OF THIS20
SECTION TO THE HOUSE OF REPRESENTATIVES BUSINESS AFFAIRS AND21
LABOR COMMITTEE AND THE SENATE BUSINESS , LABOR, AND TECHNOLOGY22
COMMITTEE, OR THEIR SUCCESSOR COMMITTEES . THE REPORT SHALL23
SPECIFY THE GRANT-SUPPORTED ACTIONS TAKEN IN FURTHERANCE OF24
DESIGNATING NEW DARK SKY PLACES AND INDICATE HOW MANY GRANT25
RECIPIENTS HAVE
OPENED AND MAINTAINED AN ACTIVE CASE FILE WITH26
THE IDA OR HAVE HAD A COMMUNITY OR OTHER PLACE CERTIFIED BY THE27
1382
-7- IDA AS A DESIGNATED DARK SKY PLACE.1
SECTION 2. Safety clause. The general assembly hereby finds,2
determines, and declares that this act is necessary for the immediate3
preservation of the public peace, health, or safety.4
1382
-8-