HOUSE BILL 22-1382
BY REPRESENTATIVE(S) 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;
also SENATOR(S) Donovan, Bridges, Danielson, Ginal, Gonzales, Hansen,
Jaquez Lewis, Lee, Moreno, Pettersen, Priola, Rankin, Rodriguez, Story,
Fenberg.
C
ONCERNING THE DESIGNATION AND PROMOTION OF DARK SKY LOCATIONS
IN
COLORADO.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 24-49.7-110 as
follows:
24-49.7-110. Colorado dark sky designation technical assistance
grant program - funding - report - legislative declaration - definitions.
(1) T
HE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT :
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (a) THE AESTHETIC BEAUTY AND WONDER OF NATURAL DARK SKIES
AT NIGHT ARE INHERENT TO THE CHARACTER AND ALLURE OF THE STATE
;
(b) T
HE GROWING PROBLEM OF LIGHT POLLUTION , INCLUDING SKY
GLOW
, GLARE, AND LIGHT TRESPASS, WHICH IS ALSO KNOWN AS SPILL LIGHT,
IS ATTRIBUTED TO THE USE OF ARTIFICIAL LIGHT AT NIGHT AND HAS BEEN
SCIENTIFICALLY LINKED TO NEGATIVE EFFECTS ON THE HEALTH AND
WELL
-BEING OF PEOPLE, PLANTS, AND ANIMALS, WHILE NATURAL DARK SKIES
AT NIGHT HAVE BEEN SCIENTIFICALLY LINKED TO POSITIVE HEALTH EFFECTS
;
(c) T
HE NIGHTTIME ENVIRONMENT IS BOTH A NATURAL AND
CULTURAL RESOURCE
;
(d) D
ARK SKY TOURISM COMBINES ELEMENTS OF ASTROTOURISM ,
CULTURAL HERITAGE TOURISM , NATURE AND WILDLIFE TOURISM , AND
HEALTH AND WELLNESS TOURISM AND EMPHASIZES STEWARDSHIP OF THE
NIGHTTIME ENVIRONMENT
;
(e) T
HE INTERNATIONAL DARK-SKY ASSOCIATION, REFERRED TO IN
THIS SECTION AS THE
"IDA", ENDEAVORS TO PRESERVE DARK SKIES AT
NIGHT AND TO INCREASE THE NUMBER OF PLACES THAT HAVE DARK SKIES AT
NIGHT BY REDUCING ARTIFICIAL LIGHT POLLUTION THROUGH A VARIETY OF
MEANS
, INCLUDING AN INTERNATIONAL DARK SKY PLACES PROGRAM ,
HEREINAFTER REFERRED TO AS THE "IDSP PROGRAM". UNDER THE IDSP
PROGRAM, A COMMUNITY OR OTHER PLACE THAT SATISFIES SPECIFIED
CRITERIA CAN BE CERTIFIED BY THE
IDA AS ONE OF THE FOLLOWING TYPES
OF DESIGNATED DARK SKY PLACES
:
(I) A
N INTERNATIONAL DARK SKY COMMUNITY ;
(II) A
N INTERNATIONAL DARK SKY PARK ;
(III) A
N INTERNATIONAL DARK SKY RESERVE ;
(IV) A
N INTERNATIONAL DARK SKY SANCTUARY ; OR
(V) AN URBAN NIGHT SKY PLACE;
(f) I
NCREASING NUMBERS OF COLORADANS AND COLORADO
COMMUNITIES ARE RECOGNIZING THE ECONOMIC
, ECOLOGICAL, CULTURAL,
PAGE 2-HOUSE BILL 22-1382 AND SOCIETAL BENEFITS OF PRESERVING AND EXPANDING DARK SKY PLACES
BY IMPLEMENTING
IDA-APPROVED LIGHTING INITIATIVES AND APPLYING FOR
DESIGNATED DARK SKY PLACE STATUS UNDER THE
IDSP PROGRAM, BUT
MANY
COLORADANS AND COLORADO COMMUNITIES EITHER DO NOT YET
KNOW ABOUT THE BENEFITS OF PRESERVING AND EXPANDING DARK SKY
PLACES OR ABOUT THE
IDSP PROGRAM OR REQUIRE TECHNICAL ASSISTANCE
TO TAKE THE STEPS NECESSARY TO ACHIEVE DESIGNATED DARK SKY PLACE
STATUS FOR A COMMUNITY OR OTHER PLACE
;
(g) T
HROUGH DARK SKY EDUCATION , OUTREACH, PRACTICES, AND
POLICIES
, A CONNECTION TO THE NATURAL NIGHTTIME ENVIRONMENT CAN
BE REESTABLISHED FOR PRESENT AND FUTURE GENERATIONS
; AND
(h) IT THEREFORE SERVES PRIMARILY A PUBLIC PURPOSE AND IS
NECESSARY
, APPROPRIATE, AND IN THE BEST INTEREST OF ALL COLORADANS
TO PROVIDE FUNDING TO THE OFFICE SO THAT THE OFFICE CAN
:
(I) P
ROVIDE TECHNICAL ASSISTANCE GRANTS TO APPLICANTS
SEEKING SUPPORT FOR AN APPLICATION TO THE
IDA FOR A COMMUNITY OR
PLACE TO BE CERTIFIED BY THE
IDA AS A DESIGNATED DARK SKY PLACE ;
AND
(II) CONTRACT WITH THE IDA AND THE COLORADO CHAPTER OF THE
IDA TO HELP THE OFFICE ADMINISTER THE GRANT PROGRAM , PROMOTE THE
PRESERVATION AND EXPANSION OF DESIGNATED DARK SKY PLACES IN THE
STATE IN ACCORDANCE WITH BEST STEWARDSHIP PRACTICES
, AND PROMOTE
TOURISM OPPORTUNITIES IN DESIGNATED DARK SKY PLACES IN THE STATE
.
(2) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
:
(a) "A
DDITIONAL SOURCE FUND" MEANS THE COLORADO TRAVEL
AND TOURISM ADDITIONAL SOURCE FUND CREATED IN SECTION
24-49.7-106
(2).
(b) "A
PPLICANT" MEANS A COMMUNITY , INDIVIDUAL, GROUP OF
INDIVIDUALS
, OR ENTITY THAT HAS APPLIED TO THE IDA TO HAVE A
COMMUNITY OR OTHER PLACE CERTIFIED BY THE
IDA AS A DESIGNATED
DARK SKY PLACE AND THAT APPLIES FOR A GRANT
.
PAGE 3-HOUSE BILL 22-1382 (c) "COLORADO CHAPTER OF THE IDA" MEANS A COLORADO SINGLE
MEMBER LIMITED LIABILITY COMPANY THAT HAS THE
IDA AS ITS SOLE
MEMBER RELATIONSHIP
.
(d) "D
ESIGNATED DARK SKY PLACE" MEANS A PLACE IN COLORADO
THAT IS CERTIFIED BY THE
IDA THROUGH THE IDSP PROGRAM AS AN
INTERNATIONAL DARK SKY COMMUNITY
, INTERNATIONAL DARK SKY PARK,
INTERNATIONAL DARK SKY RESERVE , INTERNATIONAL DARK SKY
SANCTUARY
, OR URBAN NIGHT SKY PLACE.
(e) "IDA
TECHNICAL ASSISTANCE" MEANS ASSISTANCE PROVIDED BY
THE
IDA TO AN APPLICANT FOR THE PURPOSE OF HELPING THE APPLICANT
SATISFY THE REQUIREMENTS FOR THE CERTIFICATION BY THE
IDA OF A
COMMUNITY OR PLACE AS A DESIGNATED DARK SKY PLACE
.
(f) "P
ROGRAM" MEANS THE COLORADO DARK SKY DESIGNATION
TECHNICAL ASSISTANCE GRANT PROGRAM ESTABLISHED BY THE OFFICE AS
REQUIRED BY SUBSECTION
(3) OF THIS SECTION.
(g) "T
ECHNICAL ASSISTANCE GRANT" OR "GRANT" MEANS AN AWARD
MADE BY THE OFFICE TO AN APPLICANT TO PAY FOR
IDA TECHNICAL
ASSISTANCE IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION AND
THE POLICIES ESTABLISHED BY THE OFFICE PURSUANT TO SUBSECTION
(3) OF
THIS SECTION
.
(3) (a) T
HE OFFICE SHALL ESTABLISH THE COLORADO DARK SKY
DESIGNATION TECHNICAL ASSISTANCE GRANT PROGRAM IN ACCORDANCE
WITH THE REQUIREMENTS OF THIS SECTION AND THE POLICIES THAT THE
OFFICE ESTABLISHES PURSUANT TO THIS SUBSECTION
(3). THE PROGRAM MAY
PROVIDE TECHNICAL ASSISTANCE GRANTS FROM THE ADDITIONAL SOURCE
FUND TO APPLICANTS
. THE OFFICE SHALL ESTABLISH POLICIES FOR THE
PROGRAM INCLUDING POLICIES THAT GOVERN THE GRANT APPLICATION
PROCESS AND REQUIRE APPLICANTS TO DEMONSTRATE COMMUNITY AND
STAKEHOLDER SUPPORT
, AS DEFINED IN THE POLICIES, FOR THE DESIGNATED
DARK SKY PLACE APPLICATION FOR THE COMMUNITY OR OTHER PLACE TO
WHICH THE GRANT APPLICATION PERTAINS
. THE OFFICE MAY CONTRACT
WITH THE
IDA AND 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
PAGE 4-HOUSE BILL 22-1382 EACH AWARD SHOULD BE .
(b) T
HE OFFICE, ON ITS OWN, IN CONSULTATION WITH THE IDA AND
THE
COLORADO CHAPTER OF THE IDA, OR BY CONTRACTING WITH THE IDA
AND THE COLORADO CHAPTER OF THE IDA, SHALL PROVIDE GENERAL
EDUCATION AND OUTREACH ABOUT DARK SKIES AND SPECIFICALLY PROMOTE
RESPONSIBLE AND SUSTAINABLE TOURISM OPPORTUNITIES IN DESIGNATED
DARK SKY PLACES IN THE STATE
.
(4) O
N JULY 1, 2022, THE STATE TREASURER SHALL TRANSFER
THIRTY
-FIVE THOUSAND DOLLARS FROM THE GENERAL FUND TO THE
ADDITIONAL SOURCE FUND
. NOTWITHSTANDING SECTION 24-49.7-106 (3)(b),
THE OFFICE SHALL SPEND THIS MONEY , WHICH IS CONTINUOUSLY
APPROPRIATED TO THE OFFICE
, ONLY:
(a) T
O MAKE TECHNICAL ASSISTANCE GRANTS ;
(b) I
F THE OFFICE CONTRACTS WITH THE IDA AND THE COLORADO
CHAPTER OF THE
IDA AS AUTHORIZED BY SUBSECTION (3) OF THIS SECTION,
TO PAY THE IDA AND THE COLORADO CHAPTER OF THE IDA IN ACCORDANCE
WITH THE TERMS OF THE CONTRACT TO
:
(I) A
SSIST IN ADMINISTERING THE GRANT PROGRAM ;
(II) P
ROVIDE GENERAL EDUCATION ABOUT AND PROMOTE GENERAL
AWARENESS OF THE BENEFITS OF PRESERVING AND EXPANDING DARK SKY
PLACES AND THE IMPORTANCE OF USING BEST STEWARDSHIP PRACTICES
WHEN MANAGING ACCESS TO DARK SKY PLACES
; AND
(III) SPECIFICALLY PROMOTE RESPONSIBLE AND SUSTAINABLE
TOURISM OPPORTUNITIES IN DESIGNATED DARK SKY PLACES IN THE STATE
;
AND
(c) TO COVER THE OFFICE'S DIRECT AND INDIRECT COSTS OF
ADMINISTERING AND IMPLEMENTING THE PROGRAM
.
(5) O
N OR BEFORE NOVEMBER 1, 2023, THE OFFICE SHALL SUBMIT A
REPORT DETAILING THE EXPENDITURE OF THE MONEY TRANSFERRED TO THE
ADDITIONAL SOURCE FUND PURSUANT TO SUBSECTION
(4) OF THIS SECTION
TO THE HOUSE OF REPRESENTATIVES BUSINESS AFFAIRS AND LABOR
PAGE 5-HOUSE BILL 22-1382 COMMITTEE AND THE SENATE BUSINESS , LABOR, AND TECHNOLOGY
COMMITTEE
, OR THEIR SUCCESSOR COMMITTEES. THE REPORT SHALL SPECIFY
THE GRANT
-SUPPORTED ACTIONS TAKEN IN FURTHERANCE OF DESIGNATING
NEW DARK SKY PLACES AND INDICATE HOW MANY GRANT RECIPIENTS HAVE
OPENED AND MAINTAINED AN ACTIVE CASE FILE WITH THE
IDA OR HAVE HAD
A COMMUNITY OR OTHER PLACE CERTIFIED BY THE
IDA AS A DESIGNATED
DARK SKY PLACE
.
SECTION 2. Safety clause. The general assembly hereby finds,
PAGE 6-HOUSE BILL 22-1382 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
___________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 7-HOUSE BILL 22-1382