Colorado 2023 Regular Session

Colorado Senate Bill SB274 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0820.01 Jennifer Berman x3286
1	8		SENATE BILL 23-274
2		-	BY SENATOR(S) Winter F., Jaquez Lewis, Priola;
3		-	also REPRESENTATIVE(S) Dickson and Lindstedt, Amabile,
4		-	Boesenecker, Brown, Herod, Joseph, Kipp, Lindsay, Mabrey, Marshall,
5		-	McCormick, Michaelson Jenet, Ricks, Sharbini, Sirota, Snyder, Valdez,
6		-	Vigil, Woodrow, McCluskie.
	9	+	Senate Committees House Committees
	10	+	Finance Energy & Environment
	11	+	A BILL FOR AN ACT
7	12		C
8		-	ONCERNING WATER QUALITY REGULATION IN THE STATE , AND, IN
9		-	CONNECTION THEREWITH
10		-	, TRANSFERRING FEE-SETTING AUTHORITY
11		-	TO THE WATER QUALITY CONTROL COMMISSION AND MODIFYING THE
12		-	MEMBERSHIP OF THE COMMISSION
13		-	.
14		-
15		-	Be it enacted by the General Assembly of the State of Colorado:
16		-	SECTION 1. In Colorado Revised Statutes, 25-1.5-208, amend
17		-	(1)(b) as follows:
18		-	25-1.5-208. Grant program for public water systems and
19		-	domestic wastewater treatment works - small communities water and
20		-	wastewater grant fund - rules. (1) The department has, in addition to all
21		-	other powers and duties imposed upon it by law, the powers and duties
22		-	provided in this section as follows:
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. (b) The department may use up to five TEN percent of the
31		-	appropriated funds for the administration and management of such project
32		-	grants.
33		-	SECTION 2. In Colorado Revised Statutes, 25-1.5-209, amend (2);
34		-	and add (3) as follows:
35		-	25-1.5-209. Drinking water fee - drinking water cash fund -
36		-	repeal. (2) (a) All fees collected pursuant to this section shall be
37		-	transmitted to the state treasurer, who shall credit them to The drinking
38		-	water cash fund which fund is hereby created in the state treasury. Moneys
39		-	so collected shall be annually appropriated by the general assembly THE
40		-	GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE MONEY IN THE CASH
41		-	FUND
42		-	to the department for allocation to the division of administration to
43		-	operate the drinking water program established in this part 2. The general
44		-	assembly shall review expenditures of such moneys
45		-	THE MONEY to assure
46		-	that they are THE MONEY IS used only for such purposes. All interest earned
47		-	on the investment or deposit of moneys MONEY in the cash fund and all
48		-	unappropriated or unencumbered moneys MONEY in the cash fund shall
49		-	remain REMAINS in the cash fund and shall DOES not revert to the general
50		-	fund or any other fund at the end of any fiscal year or any other time. Any
51		-	funds remaining from fees collected prior to the repeal of former section
52		-	25-1.5-209, as it existed prior to July 1, 2005, shall be transmitted to the
53		-	state treasurer, who shall credit the same to the cash fund.
54		-	(b) ALL FEES COLLECTED PURSUANT TO THIS SECTION BEFORE JULY
55		-	1, 2026, OR BEFORE THE DATE THE RULES ADOPTED UNDER SECTION
56		-	25-8-210 (1)(a)(I) BECOME EFFECTIVE SHALL BE CREDITED TO THE DRINKING
57		-	WATER CASH FUND
58		-	.
	13	+	ONCERNING WATER QUALITY REGULATION IN THE STATE , AND, IN101
	14	+	CONNECTION THEREWITH , TRANSFERRING FEE -SETTING102
	15	+	AUTHORITY TO THE WATER QUALITY CONTROL COMMISSION103
	16	+	AND MODIFYING THE MEMBERSHIP OF THE COMMISSION .104
	17	+	Bill Summary
	18	+	(Note: This summary applies to this bill as introduced and does
	19	+	not reflect any amendments that may be subsequently adopted. If this bill
	20	+	passes third reading in the house of introduction, a bill summary that
	21	+	applies to the reengrossed version of this bill will be available at
	22	+	http://leg.colorado.gov
	23	+	.)
	24	+	Section 1 of the bill increases the percent of appropriated funds
	25	+	that the department of public health and environment (department) may
	26	+	use for the administration and management of the public water systems
	27	+	HOUSE
	28	+	3rd Reading Unamended
	29	+	May 2, 2023
	30	+	HOUSE
	31	+	2nd Reading Unamended
	32	+	May 1, 2023
	33	+	SENATE
	34	+	Amended 3rd Reading
	35	+	April 24, 2023
	36	+	SENATE
	37	+	Amended 2nd Reading
	38	+	April 21, 2023
	39	+	SENATE SPONSORSHIP
	40	+	Winter F., Jaquez Lewis, Priola
	41	+	HOUSE SPONSORSHIP
	42	+	Dickson and Lindstedt, Amabile, Boesenecker, Brown, Herod, Joseph, Kipp, Lindsay,
	43	+	Mabrey, Marshall, McCluskie, McCormick, Michaelson Jenet, Ricks, Sharbini, Sirota,
	44	+	Snyder, Valdez, Vigil, Woodrow
	45	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	46	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	47	+	Dashes through the words or numbers indicate deletions from existing law. and domestic wastewater treatment works grant program from 5% to
	48	+	10%.
	49	+	Section 3 modifies the composition of the water quality control
	50	+	commission (commission) by requiring that:
	51	+	! No more than 5 members of the commission be affiliated
	52	+	with the same political party; and
	53	+	! The commission include members with specific types of
	54	+	expertise, including expertise in areas of science and
	55	+	environmental law or policy or areas such as municipal
	56	+	water or wastewater treatment, industry, or labor.
	57	+	Section 4 requires the commission, on or before October 31, 2025,
	58	+	and after engaging in stakeholder outreach, to set the following fees by
	59	+	rule:
	60	+	! Drinking water fees assessed on public water systems;
	61	+	! Commerce and industry sector permitting fees;
	62	+	! Construction sector permitting fees;
	63	+	! Pesticide sector permitting fees;
	64	+	! Public and private utilities sector permitting fees;
	65	+	! Municipal separate storm sewer systems sector permit fees;
	66	+	! Review fees for requests for certification under section 401
	67	+	of the federal "Clean Water Act";
	68	+	! Preliminary effluent limitation determination fees;
	69	+	! Wastewater site application and design review fees;
	70	+	! On-site wastewater treatment system fees; and
	71	+	! Biosolids management program fees.
	72	+	The commission's fee-setting rules must become effective on or
	73	+	before January 1, 2026, and the commission may by rule authorize the
	74	+	division to phase in the fee-setting rules.
	75	+	Section 4 also creates the clean water cash fund into which the
	76	+	fees collected under the commission's rules, other than the drinking water
	77	+	fees assessed on public water systems, are credited.
	78	+	The statutory fee provisions in sections 2, 5, 6, and 8 repeal on
	79	+	July 1, 2026. Before the repeal, the state treasurer is required to transfer
	80	+	any money remaining in the various funds into which the statutory fees
	81	+	are credited to the clean water cash fund; except that section 2 specifies
	82	+	that drinking water fees will continue to be credited to the drinking water
	83	+	cash fund and that any money in the drinking water cash fund will remain
	84	+	in that cash fund.
	85	+	Section 7 repeals the division's regulatory authority concerning
	86	+	nuclear and radioactive wastes.
	87	+	Section 9 requires the division to include, in its annual reporting
	88	+	to the commission and the general assembly, information on:
	89	+	! The division's implementation and enforcement of the
	90	+	discharge permitting program (program);
	91	+	! For reports submitted before October 1, 2025, the division's
	92	+	274
	93	+	-2- fee revenue and direct and indirect costs associated with
	94	+	the program; and
	95	+	! For the report submitted in 2025, the fee structure set forth
	96	+	in the commission's proposed or adopted fee-setting rules.
	97	+	Be it enacted by the General Assembly of the State of Colorado:1
	98	+	SECTION 1. In Colorado Revised Statutes, 25-1.5-208, amend2
	99	+	(1)(b) as follows:3
	100	+	25-1.5-208. Grant program for public water systems and4
	101	+	domestic wastewater treatment works - small communities water and5
	102	+	wastewater grant fund - rules. (1) The department has, in addition to6
	103	+	all other powers and duties imposed upon it by law, the powers and duties7
	104	+	provided in this section as follows:8
	105	+	(b) The department may use up to five TEN percent of the9
	106	+	appropriated funds for the administration and management of such project10
	107	+	grants.11
	108	+	SECTION 2. In Colorado Revised Statutes, 25-1.5-209, amend12
	109	+	(2); and add (3) as follows:13
	110	+	25-1.5-209. Drinking water fee - drinking water cash fund -14
	111	+	repeal. (2) (a) All fees collected pursuant to this section shall be15
	112	+	transmitted to the state treasurer, who shall credit them to The drinking16
	113	+	water cash fund which fund is hereby created in the state treasury.17
	114	+	Moneys so collected shall be annually appropriated by the general18
	115	+	assembly THE GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE19
	116	+	MONEY IN THE CASH FUND to the department for allocation to the division20
	117	+	of administration to operate the drinking water program established in this21
	118	+	part 2. The general assembly shall review expenditures of such moneys22
	119	+	THE MONEY to assure that they are THE MONEY IS used only for such23
	120	+	274-3- purposes. All interest earned on the investment or deposit of moneys1
	121	+	MONEY in the cash fund and all unappropriated or unencumbered moneys2
	122	+	MONEY in the cash fund shall remain REMAINS in the cash fund and shall3
	123	+	DOES not revert to the general fund or any other fund at the end of any4
	124	+	fiscal year or any other time. Any funds remaining from fees collected5
	125	+	prior to the repeal of former section 25-1.5-209, as it existed prior to July6
	126	+	1, 2005, shall be transmitted to the state treasurer, who shall credit the7
	127	+	same to the cash fund.8
	128	+	(b) A
	129	+	LL FEES COLLECTED PURSUANT TO THIS SECTION BEFORE JULY9
	130	+	1,
	131	+	2026, OR BEFORE THE DATE THE RULES ADOPTED UNDER SECTION10
	132	+	25-8-210 (1)(a)(I)
	133	+	BECOME EFFECTIVE SHALL BE CREDITED TO THE11
	134	+	DRINKING WATER CASH FUND .12
59	135		(c) O
60		-	N AND AFTER JULY 1, 2026, ALL FEES COLLECTED PURSUANT TO
61		-	RULES ADOPTED UNDER SECTION
62		-	25-8-210 (1)(a)(I) SHALL BE CREDITED TO
63		-	THE DRINKING WATER CASH FUND
64		-	.
	136	+	N AND AFTER JULY 1, 2026, ALL FEES COLLECTED PURSUANT13
	137	+	TO RULES ADOPTED UNDER SECTION 25-8-210 (1)(a)(I) SHALL BE14
	138	+	CREDITED TO THE DRINKING WATER CASH FUND .15
65	139		(3) S
66		-	UBSECTIONS (1) AND (2)(b) OF THIS SECTION AND THIS
67		-	SUBSECTION
68		-	(3) ARE REPEALED, EFFECTIVE JULY 1, 2026.
69		-	SECTION 3. In Colorado Revised Statutes, 25-8-201, amend (1)(a)
70		-	as follows:
71		-	PAGE 2-SENATE BILL 23-274 25-8-201. Water quality control commission created.
72		-	(1) (a) (I) There is created in the department of public health and
73		-	environment a water quality control commission, which is a type 1 entity,
74		-	as defined in section 24-1-105, and which exercises its powers and performs
75		-	its duties and functions under the department of public health and
76		-	environment.
77		-	(II) The commission consists of nine citizens of the state appointed
78		-	by the governor, with the consent of the senate, for terms of three years;
79		-	except that the terms shall
80		-	MUST be staggered so that no more than five
81		-	members' terms expire in the same year. Members of the commission must
82		-	be appointed so as to achieve geographical representation and to reflect the
83		-	various interests in water in the state. At least two members must reside in
84		-	that portion of the state that is west of the continental divide. N
85		-	O MORE
86		-	THAN FIVE MEMBERS OF THE COMMISSION MAY BE AFFILIATED WITH THE
87		-	SAME POLITICAL PARTY
88		-	.
	140	+	UBSECTIONS (1) AND (2)(b) OF THIS SECTION AND THIS16
	141	+	SUBSECTION (3) ARE REPEALED, EFFECTIVE JULY 1, 2026.17
	142	+	SECTION 3. In Colorado Revised Statutes, 25-8-201, amend18
	143	+	(1)(a) as follows:19
	144	+	25-8-201. Water quality control commission created.20
	145	+	(1) (a) (I) There is created in the department of public health and21
	146	+	environment a water quality control commission, which is a type 1 entity,22
	147	+	as defined in section 24-1-105, and which exercises its powers and23
	148	+	performs its duties and functions under the department of public health24
	149	+	and environment.25
	150	+	(II) The commission consists of nine citizens of the state26
	151	+	appointed by the governor, with the consent of the senate, for terms of27
	152	+	274
	153	+	-4- three years; except that the terms shall MUST be staggered so that no more1
	154	+	than five members' terms expire in the same year. Members of the2
	155	+	commission must be appointed so as to achieve geographical3
	156	+	representation and to reflect the various interests in water in the state. At4
	157	+	least two members must reside in that portion of the state that is west of5
	158	+	the continental divide. N
	159	+	O MORE THAN FIVE MEMBERS OF THE COMMISSION6
	160	+	MAY BE AFFILIATED WITH THE SAME POLITICAL PARTY .7
89	161		(III) A
90	162		T LEAST ONE MEMBER OF THE COMMISSION MUST HAVE
91		-	AGRICULTURAL EXPERIENCE
92		-	, PREFERABLY A MEMBER WITH AGRICULTURAL
93		-	EXPERIENCE WHO IS ALSO REGULATED BY THE DIVISION
94		-	. AT LEAST THREE
95		-	OTHER MEMBERS OF THE COMMISSION MUST BE FROM THE COMMUNITY
96		-	REGULATED BY THE DIVISION
97		-	, EMPLOYED BY AN ENTITY THAT IS SUBJECT TO
98		-	FEES SET PURSUANT TO THIS ARTICLE
99		-	8, AND, TO THE EXTENT PRACTICABLE,
100		-	EACH IS EMPLOYED BY AN ENTITY THAT IS SUBJECT TO A DIFFERENT TYPE OF
101		-	FEE PURSUANT TO THIS ARTICLE
102		-	8 THAN THE TYPE OF FEE THAT THE
103		-	EMPLOYERS OF THE OTHER TWO MEMBERS ARE SUBJECT
104		-	.
	163	+	8
	164	+	AGRICULTURAL EXPERIENCE , PREFERABLY A MEMBER WITH9
	165	+	AGRICULTURAL EXPERIENCE WHO IS ALSO REGULATED BY THE DIVISION .10
	166	+	A
	167	+	T LEAST THREE OTHER MEMBERS OF THE COMMISSION MUST BE FROM THE
	168	+	11
	169	+	COMMUNITY REGULATED BY THE DIVISION , EMPLOYED BY AN ENTITY THAT12
	170	+	IS SUBJECT TO FEES SET PURSUANT TO THIS ARTICLE 8, AND, TO THE13
	171	+	EXTENT PRACTICABLE, EACH IS EMPLOYED BY AN ENTITY THAT IS SUBJECT14
	172	+	TO A DIFFERENT TYPE OF FEE PURSUANT TO THIS ARTICLE 8 THAN THE TYPE15
	173	+	OF FEE THAT THE EMPLOYERS OF THE OTHER TWO MEMBERS ARE SUBJECT . 16
105	174		(IV) A
106	175		MEMBER OF THE COMMISSION MUST HAVE EXPERIENCE OR
107		-	~~TRAINING IN ONE OR MORE OF THE FOLLOWING AREAS~~
108		-	:
	176	+	17
	177	+	TRAINING IN ONE OR MORE OF THE FOLLOWING AREAS :18
109	178		(A) S
110	179		CIENCE;
111		-	(B) E
112		-	NGINEERING;
113		-	(C) T
114		-	ECHNOLOGY;
115		-	(D) I
116		-	NDUSTRY;
117		-	(E) C
118		-	ONSTRUCTION;
119		-	PAGE 3-SENATE BILL 23-274 (F) LABOR;
120		-	(G) A
121		-	GRICULTURE;
122		-	(H) E
123		-	NVIRONMENTAL LAW ;
124		-	(I) E
125		-	NVIRONMENTAL POLICY;
126		-	(J) E
127		-	NVIRONMENTAL JUSTICE;
128		-	(K) M
129		-	UNICIPAL WATER TREATMENT ;
130		-	(L) M
131		-	UNICIPAL WASTEWATER TREATMENT ;
132		-	(M) M
133		-	UNICIPAL GOVERNMENT; OR
134		-	(N) COUNTY GOVERNMENT .
135		-	SECTION 4. In Colorado Revised Statutes, add 25-8-210 as
136		-	follows:
137		-	25-8-210. Fees established administratively - rules - stakeholding
138		-	requirement - phase-in period - clean water cash fund - creation -
139		-	repeal. (1) (a) O
140		-	N OR BEFORE OCTOBER 31, 2025, THE COMMISSION SHALL
141		-	ESTABLISH THE FOLLOWING FEES BY RULE
142		-	:
	180	+	19
	181	+	(B)
	182	+	ENGINEERING;
	183	+	20
	184	+	(C)
	185	+	TECHNOLOGY;
	186	+	21
	187	+	(D)
	188	+	INDUSTRY;
	189	+	22
	190	+	(E)
	191	+	CONSTRUCTION;
	192	+	23
	193	+	(F)
	194	+	LABOR;
	195	+	24
	196	+	(G)
	197	+	AGRICULTURE;
	198	+	25
	199	+	(H)
	200	+	ENVIRONMENTAL LAW ;
	201	+	26
	202	+	(I)
	203	+	ENVIRONMENTAL POLICY;
	204	+	27
	205	+	274
	206	+	-5- (J) ENVIRONMENTAL JUSTICE; 1
	207	+	(K)
	208	+	MUNICIPAL WATER TREATMENT ;
	209	+	2
	210	+	(L)
	211	+	MUNICIPAL WASTEWATER TREATMENT ;
	212	+	3
	213	+	(M)
	214	+	MUNICIPAL GOVERNMENT; OR
	215	+	4
	216	+	(N)
	217	+	COUNTY GOVERNMENT .
	218	+	5
	219	+	SECTION 4. In Colorado Revised Statutes, add 25-8-210 as6
	220	+	follows:7
	221	+	25-8-210. Fees established administratively - rules -8
	222	+	stakeholding requirement - phase-in period - clean water cash fund9
	223	+	- creation - repeal. (1) (a) O
	224	+	N OR BEFORE OCTOBER 31, 2025, THE10
	225	+	COMMISSION SHALL ESTABLISH THE FOLLOWING FEES BY RULE :11
143	226		(I) D
144		-	RINKING WATER FEES ASSESSED ON PUBLIC WATER SYSTEMS
145		-	PURSUANT TO SECTION
146		-	25-1.5-209 (1), AS THAT SECTION EXISTED PRIOR TO
147		-	ITS REPEAL ON
148		-	JULY 1, 2026;
	227	+	RINKING WATER FEES ASSESSED ON PUBLIC WATER SYSTEMS12
	228	+	PURSUANT TO SECTION 25-1.5-209 (1), AS THAT SECTION EXISTED PRIOR13
	229	+	TO ITS REPEAL ON JULY 1, 2026;14
149	230		(II) C
150		-	OMMERCE AND INDUSTRY SECTOR PERMITTING FEES ASSESSED
151		-	PURSUANT TO SECTION
152		-	25-8-502 (1.1)(b), AS THAT SECTION EXISTED PRIOR
153		-	TO ITS REPEAL ON
154		-	JULY 1, 2026;
	231	+	OMMERCE AND INDUSTRY SECTOR PERMITTING FEES15
	232	+	ASSESSED PURSUANT TO SECTION 25-8-502 (1.1)(b), AS THAT SECTION16
	233	+	EXISTED PRIOR TO ITS REPEAL ON JULY 1, 2026;17
155	234		(III) C
156		-	ONSTRUCTION SECTOR PERMITTING FEES ASSESSED PURSUANT
157		-	TO SECTION
158		-	25-8-502 (1.1)(c), AS THAT SECTION EXISTED PRIOR TO ITS
159		-	REPEAL ON
160		-	JULY 1, 2026;
	235	+	ONSTRUCTION SECTOR PERMITTING FEES ASSESSED18
	236	+	PURSUANT TO SECTION 25-8-502 (1.1)(c), AS THAT SECTION EXISTED PRIOR19
	237	+	TO ITS REPEAL ON JULY 1, 2026;20
161	238		(IV) P
162		-	ESTICIDE SECTOR PERMITTING FEES ASSESSED PURSUANT TO
163		-	SECTION
164		-	25-8-502 (1.1)(d), AS THAT SECTION EXISTED PRIOR TO ITS REPEAL
165		-	PAGE 4-SENATE BILL 23-274 ON JULY 1, 2026;
	239	+	ESTICIDE SECTOR PERMITTING FEES ASSESSED PURSUANT TO21
	240	+	SECTION 25-8-502 (1.1)(d), AS THAT SECTION EXISTED PRIOR TO ITS22
	241	+	REPEAL ON JULY 1, 2026;23
166	242		(V) P
167		-	UBLIC AND PRIVATE UTILITIES SECTOR PERMITTING FEES
168		-	PURSUANT TO SECTION
169		-	25-8-502 (1.1)(e), AS THAT SECTION EXISTED PRIOR
170		-	TO ITS REPEAL ON
171		-	JULY 1, 2026;
	243	+	UBLIC AND PRIVATE UTILITIES SECTOR PERMITTING FEES24
	244	+	PURSUANT TO SECTION 25-8-502 (1.1)(e), AS THAT SECTION EXISTED PRIOR25
	245	+	TO ITS REPEAL ON JULY 1, 2026;26
172	246		(VI) M
173		-	UNICIPAL SEPARATE STORM SEWERS SYSTEM SECTOR
174		-	PERMITTING FEES PURSUANT TO SECTION
175		-	25-8-502 (1.1)(f), AS THAT SECTION
176		-	EXISTED PRIOR TO ITS REPEAL ON
177		-	JULY 1, 2026;
	247	+	UNICIPAL SEPARATE STORM SEWERS SYSTEM SECTOR27
	248	+	274
	249	+	-6- PERMITTING FEES PURSUANT TO SECTION 25-8-502 (1.1)(f), AS THAT1
	250	+	SECTION EXISTED PRIOR TO ITS REPEAL ON JULY 1, 2026;2
178	251		(VII) R
179		-	EVIEW FEES ASSESSED PURSUANT TO SECTION 25-8-502 (1.2)
180		-	FOR REQUESTS FOR CERTIFICATION UNDER SECTION 401 OF THE FEDERAL
181		-	ACT
182		-	, AS THAT SECTION EXISTED PRIOR TO ITS REPEAL ON JULY 1, 2026;
	252	+	EVIEW FEES ASSESSED PURSUANT TO SECTION 25-8-5023
	253	+	(1.2)
	254	+	FOR REQUESTS FOR CERTIFICATION UNDER SECTION 401 OF THE4
	255	+	FEDERAL ACT, AS THAT SECTION EXISTED PRIOR TO ITS REPEAL ON JULY 1,5
	256	+	2026;6
183	257		(VIII) P
184		-	RELIMINARY EFFLUENT LIMITATION DETERMINATION FEES
185		-	ASSESSED PURSUANT TO SECTION
186		-	25-8-502 (1.3)(b), AS THAT SECTION
187		-	EXISTED PRIOR TO ITS REPEAL ON
188		-	JULY 1, 2026;
	258	+	RELIMINARY EFFLUENT LIMITATION DETERMINATION FEES7
	259	+	ASSESSED PURSUANT TO SECTION 25-8-502 (1.3)(b), AS THAT SECTION8
	260	+	EXISTED PRIOR TO ITS REPEAL ON JULY 1, 2026;9
189	261		(IX) W
190		-	ASTEWATER SITE APPLICATION AND DESIGN REVIEW FEES
191		-	ASSESSED PURSUANT TO SECTION
192		-	25-8-502 (1.3)(c), AS THAT SECTION
193		-	EXISTED PRIOR TO ITS REPEAL ON
194		-	JULY 1, 2026;
	262	+	ASTEWATER SITE APPLICATION AND DESIGN REVIEW FEES10
	263	+	ASSESSED PURSUANT TO SECTION 25-8-502 (1.3)(c), AS THAT SECTION11
	264	+	EXISTED PRIOR TO ITS REPEAL ON JULY 1, 2026;12
195	265		(X) O
196		-	N-SITE WASTEWATER TREATMENT SYSTEM FEES ASSESSED
197		-	PURSUANT TO SECTION
198		-	25-10-107 (3), INCLUDING RULES ESTABLISHING THE
199		-	PERCENTAGE OF THE ON
200		-	-SITE WASTEWATER TREATMENT SYSTEM FEES
201		-	COLLECTED THAT A COUNTY MAY RETAIN TO COVER THE COUNTY
202		-	'S
203		-	ADMINISTRATIVE COSTS
204		-	, AS THAT SECTION EXISTED PRIOR TO ITS REPEAL ON
205		-	JULY 1, 2026; AND
206		-	(XI) BIOSOLIDS MANAGEMENT PROGRAM FEES ASSESSED PURSUANT
207		-	TO SECTION
208		-	30-20-110.5 (1), AS THAT SECTION EXISTED PRIOR TO ITS REPEAL
209		-	ON
210		-	JULY 1, 2026.
	266	+	N-SITE WASTEWATER TREATMENT SYSTEM FEES ASSESSED13
	267	+	PURSUANT TO SECTION 25-10-107 (3), INCLUDING RULES ESTABLISHING14
	268	+	THE PERCENTAGE OF THE ON-SITE WASTEWATER TREATMENT SYSTEM FEES15
	269	+	COLLECTED THAT A COUNTY MAY RETAIN TO COVER THE COUNTY 'S16
	270	+	ADMINISTRATIVE COSTS, AS THAT SECTION EXISTED PRIOR TO ITS REPEAL17
	271	+	ON JULY 1, 2026; AND18
	272	+	(XI) B
	273	+	IOSOLIDS MANAGEMENT PROGRAM FEES ASSESSED19
	274	+	PURSUANT TO SECTION 30-20-110.5 (1), AS THAT SECTION EXISTED PRIOR20
	275	+	TO ITS REPEAL ON JULY 1, 2026.21
211	276		(b) T
212		-	HE COMMISSION SHALL SET THE FEES AND PERIODICALLY
213		-	ADJUST THE FEES
214		-	, AND THE GENERAL ASSEMBLY MAY , BY BILL, ANNUALLY
215		-	ADJUST THE FEES
216		-	, IN AN AMOUNT SUFFICIENT TO COVER THE DIVISION 'S
217		-	DIRECT AND INDIRECT COSTS ASSOCIATED WITH ADMINISTERING AND
218		-	IMPLEMENTING THE FEDERAL ACT
219		-	, THE FEDERAL "SAFE DRINKING WATER
220		-	ACT", 42 U.S.C. SEC. 300f ET SEQ., SECTION 25-1-114.1, PART 2 OF ARTICLE
221		-	1.5 OF THIS TITLE 25, THIS ARTICLE 8, AND THE "ON-SITE WASTEWATER
222		-	PAGE 5-SENATE BILL 23-274 TREATMENT SYSTEMS ACT", ARTICLE 10 OF THIS TITLE 25.
	277	+	HE COMMISSION SHALL SET THE FEES AND PERIODICALLY22
	278	+	ADJUST THE FEES, AND THE GENERAL ASSEMBLY MAY , BY BILL, ANNUALLY
	279	+	23
	280	+	ADJUST THE FEES, IN AN AMOUNT SUFFICIENT TO COVER THE DIVISION 'S24
	281	+	DIRECT AND INDIRECT COSTS ASSOCIATED WITH ADMINISTERING AND25
	282	+	IMPLEMENTING THE FEDERAL ACT, THE FEDERAL "SAFE DRINKING WATER26
	283	+	A
	284	+	CT", 42 U.S.C. SEC. 300f ET SEQ., SECTION 25-1-114.1, PART 2 OF27
	285	+	274
	286	+	-7- ARTICLE 1.5 OF THIS TITLE 25, THIS ARTICLE 8, AND THE "ON-SITE1
	287	+	W
	288	+	ASTEWATER TREATMENT SYSTEMS ACT", ARTICLE 10 OF THIS TITLE 25.2
223	289		(c) (I) T
224		-	HE FEE-SETTING RULES ADOPTED PURSUANT TO SUBSECTION
225		-	(1)(a) OF THIS SECTION MUST BECOME EFFECTIVE ON OR BEFORE JANUARY
226		-	1, 2026. IF THE COMMISSION ADOPTS RULES AUTHORIZING THE DIVISION TO
227		-	PHASE IN THE FEE
228		-	-SETTING RULES, THE DIVISION MAY REQUIRE PERMIT
229		-	APPLICANTS
230		-	, PERMIT HOLDERS, AND PUBLIC WATER SYSTEMS TO PAY FEES AS
231		-	SET BY THE FEE
232		-	-SETTING RULES INSTEAD OF THE FEES SET FORTH IN STATUTE
233		-	BEFORE
234		-	JULY 1, 2026.
	290	+	HE FEE-SETTING RULES ADOPTED PURSUANT TO3
	291	+	SUBSECTION (1)(a) OF THIS SECTION MUST BECOME EFFECTIVE ON OR4
	292	+	BEFORE JANUARY 1, 2026. IF THE COMMISSION ADOPTS RULES5
	293	+	AUTHORIZING THE DIVISION TO PHASE IN THE FEE -SETTING RULES, THE6
	294	+	DIVISION MAY REQUIRE PERMIT APPLICANTS , PERMIT HOLDERS, AND7
	295	+	PUBLIC WATER SYSTEMS TO PAY FEES AS SET BY THE FEE -SETTING RULES8
	296	+	INSTEAD OF THE FEES SET FORTH IN STATUTE BEFORE JULY 1, 2026.9
235	297		(II) I
236		-	F THE COMMISSION ESTABLISHES A PROCESS FOR THE DIVISION 'S
237		-	PHASE IN OF THE FEE
238		-	-SETTING RULES PURSUANT TO SUBSECTION (1)(c)(I) OF
239		-	THIS SECTION
240		-	, THE COMMISSION'S RULES MUST ESTABLISH A PROCESS FOR
241		-	THE DIVISION
242		-	'S PHASE IN OF THE FEE -SETTING RULES. THE PROCESS
243		-	ESTABLISHED BY RULE MUST INCLUDE NOTICE TO PERMIT APPLICANTS
244		-	,
245		-	PERMIT HOLDERS, AND PUBLIC WATER SYSTEMS REGARDING THE PROCESS ,
246		-	INCLUDING REQUIREMENTS TO POST THE PROCESS ON THE DIVISION 'S
247		-	WEBSITE AND ENGAGE IN COMMUNITY OUTREACH REGARDING THE PROCESS
248		-	.
	298	+	F THE COMMISSION ESTABLISHES A PROCESS FOR THE10
	299	+	DIVISION'S PHASE IN OF THE FEE-SETTING RULES PURSUANT TO SUBSECTION11
	300	+	(1)(c)(I)
	301	+	OF THIS SECTION, THE COMMISSION'S RULES MUST ESTABLISH A12
	302	+	PROCESS FOR THE DIVISION'S PHASE IN OF THE FEE-SETTING RULES. THE13
	303	+	PROCESS ESTABLISHED BY RULE MUST INCLUDE NOTICE TO PERMIT14
	304	+	APPLICANTS, PERMIT HOLDERS, AND PUBLIC WATER SYSTEMS REGARDING15
	305	+	THE PROCESS, INCLUDING REQUIREMENTS TO POST THE PROCESS ON THE16
	306	+	DIVISION'S WEBSITE AND ENGAGE IN COMMUNITY OUTREACH REGARDING17
	307	+	THE PROCESS.18
249	308		(III) T
250		-	HIS SUBSECTION (1)(c) IS REPEALED, EFFECTIVE SEPTEMBER
251		-	1, 2027.
	309	+	HIS SUBSECTION (1)(c) IS REPEALED, EFFECTIVE SEPTEMBER19
	310	+	1,
	311	+	2027.20
252	312		(2) (a) B
253		-	EFORE THE COMMISSION ADOPTS THE FEE -SETTING RULES
254		-	PURSUANT TO SUBSECTION
255		-	(1)(a) OF THIS SECTION, OR ADOPTS ANY
256		-	SUBSEQUENT ADJUSTMENTS TO THE FEES
257		-	, AND IN ACCORDANCE WITH
258		-	SECTION
259		-	25-8-502 (1.5)(c)(I)(B), THE DEPARTMENT OF PUBLIC HEALTH AND
260		-	ENVIRONMENT SHALL CONDUCT OUTREACH TO OBTAIN STAKEHOLDER INPUT
261		-	REGARDING THE TOTAL FUNDING FOR THE DIVISION
262		-	, INCLUDING FEDERAL
263		-	MONEY
264		-	, MONEY FROM THE GENERAL FUND , AND ALL CASH FEES.
265		-	(b) T
266		-	HROUGH THE STAKEHOLDER PROCESS , THE DEPARTMENT OF
267		-	PUBLIC HEALTH AND ENVIRONMENT SHALL IDENTIFY THE FEE REVENUE
268		-	NEEDED FOR EVALUATION OF THE FEASIBILITY OF TREATMENT METHODS
269		-	REQUIRED TO MEET WATER QUALITY STANDARDS AND OTHE R REGULATIONS
270		-	ADOPTED OR PROPOSED FOR ADOPTION
271		-	, INCLUDING THE FUNDING NEEDED:
	313	+	EFORE THE COMMISSION ADOPTS THE FEE -SETTING RULES21
	314	+	PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION, OR ADOPTS ANY
	315	+	22
	316	+	SUBSEQUENT ADJUSTMENTS TO THE FEES , AND IN ACCORDANCE WITH23
	317	+	SECTION 25-8-502 (1.5)(c)(I)(B), THE DEPARTMENT OF PUBLIC HEALTH24
	318	+	AND ENVIRONMENT SHALL CONDUCT OUTREACH TO OBTAIN STAKEHOLDER25
	319	+	INPUT REGARDING THE TOTAL FUNDING FOR THE DIVISION , INCLUDING26
	320	+	FEDERAL MONEY, MONEY FROM THE GENERAL FUND , AND ALL CASH FEES.27
	321	+	274
	322	+	-8- (b) THROUGH THE STAKEHOLDER PROCESS , THE DEPARTMENT OF1
	323	+	PUBLIC HEALTH AND ENVIRONMENT SHALL IDENTIFY THE FEE REVENUE2
	324	+	NEEDED FOR EVALUATION OF THE FEASIBILITY OF TREATMENT METHODS3
	325	+	REQUIRED TO MEET WATER QUALITY STANDARDS AND OTHER4
	326	+	REGULATIONS ADOPTED OR PROPOSED FOR ADOPTION , INCLUDING THE5
	327	+	FUNDING NEEDED:6
272	328		(I) T
273	329		O SUPPORT THE DEVELOPMENT OF VARIANCES ;
	330	+	7
274	331		(II) T
275	332		O IMPROVE PERMIT ISSUANC E PROCESSES TO INCREASE
276		-	EFFICIENCY AND FACILITATE THE TIMELY ISSUANCE OF NEW PERMITS
277		-	;
278		-	PAGE 6-SENATE BILL 23-274 (III) FOR RENEWAL PERMITS, PERMIT MODIFICATIONS, AND REDUCING
279		-	PERMIT BACKLOG
280		-	; AND
281		-	(IV) FOR THE PREPARATION OF COST -BENEFIT ANALYSES AND
282		-	REGULATORY ANALYSES WHEN REQUIRED PURSUANT TO SECTION
283		-	24-4-103
	333	+	8
	334	+	EFFICIENCY AND FACILITATE THE TIMELY ISSUANCE OF NEW PERMITS ;9
	335	+	(III) F
	336	+	OR RENEWAL PERMITS , PERMIT MODIFICATIONS, AND
	337	+	10
	338	+	REDUCING PERMIT BACKLOG ; AND11
	339	+	(IV) F
	340	+	OR THE PREPARATION OF COST -BENEFIT ANALYSES AND
	341	+	12
	342	+	REGULATORY ANALYSES WHEN REQUIRED PURSUANT TO SECTION 24-4-10313
284	343		(2.5)
285	344		OR (4.5) OF THE "STATE ADMINISTRATIVE PROCEDURE ACT".
	345	+	14
286	346		(c) I
287		-	N CONDUCTING STAKEHOLDER OUTREACH , THE DEPARTMENT OF
288		-	PUBLIC HEALTH AND ENVIRONMENT SHALL DISCUSS WITH STAKEHOLDERS
289		-	THE OPTIONS FOR SETTING A CAP ON THE AMOUNT OF FEE INCREASES
290		-	.
	347	+	N CONDUCTING STAKEHOLDER OUTREACH , THE DEPARTMENT
	348	+	15
	349	+	OF PUBLIC HEALTH AND ENVIRONMENT SHALL DISCUSS WITH16
	350	+	STAKEHOLDERS THE OPTIONS FOR SETTING A CAP ON THE AMOUNT OF FEE17
	351	+	INCREASES.18
291	352		(d) T
292		-	HROUGH THE STAKEHOLDER PROCESS , THE ~~DEPARTMENT OF~~
293		-	~~PUBLIC HEALTH AND ENVIRONMENT SHALL SEEK INPUT FROM~~
294		-	:
	353	+	HROUGH THE STAKEHOLDER PROCESS , THE
	354	+	DEPARTMENT OF19
	355	+	PUBLIC HEALTH AND ENVIRONMENT SHALL SEEK INPUT FROM:20
295	356		(I) O
296		-	WNERS AND OPERATORS OF REGULATED DRINKING WATER
297		-	SYSTEMS
298		-	;
	357	+	WNERS AND OPERATORS OF REGULATED DRINKING WATER21
	358	+	SYSTEMS;22
299	359		(II) P
300		-	ERMIT HOLDERS;
	360	+	ERMIT HOLDERS;23
301	361		(III) C
302		-	OUNTY REPRESENTATIVES;
	362	+	OUNTY REPRESENTATIVES;24
303	363		(IV) R
304		-	EPRESENTATIVES OF OTHER LOCAL GOVERNMENTS ;
	364	+	EPRESENTATIVES OF OTHER LOCAL GOVERNMENTS ;25
305	365		(V) C
306		-	ONSERVATION GROUPS;
	366	+	ONSERVATION GROUPS;26
307	367		(VI) E
308		-	NVIRONMENTAL JUSTICE GROUPS ; AND
309		-	(VII) COMMUNITY MEMBERS , INCLUDING MEMBERS OF
310		-	DISPROPORTIONATELY IMPACTED COMMUNITIES AS DEFINED IN SECTION
311		-	24-4-109 (2)(b)(II).
312		-	(e) T
313		-	HE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT SHALL
314		-	CONDUCT OUTREACH TO AND ENGAGEMENT OF DISPROPORTIONATELY
315		-	IMPACTED COMMUNITIES PURSUANT TO THIS SUBSECTION
316		-	(2) IN
317		-	ACCORDANCE WITH SECTION
318		-	24-4-109 (3).
	368	+	NVIRONMENTAL JUSTICE GROUPS ; AND27
	369	+	274
	370	+	-9- (VII) COMMUNITY MEMBERS , INCLUDING MEMBERS OF1
	371	+	DISPROPORTIONATELY IMPACTED COMMUNITIES AS DEFINED IN SECTION2
	372	+	24-4-109 (2)(b)(II).3
	373	+	(e) THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT4
	374	+	SHALL CONDUCT OUTREACH TO AND E NGAGEMENT OF5
	375	+	DISPROPORTIONATELY IMPACTED COMMUNITIES PURSUANT TO THIS6
	376	+	SUBSECTION (2) IN ACCORDANCE WITH SECTION 24-4-109 (3).7
319	377		(3) (a) (I) U
320		-	PON THE EFFECTIVE DATE OF THE RULES ADOPTED
321		-	PURSUANT TO SUBSECTION
322		-	(1)(a) OF THIS SECTION AND UNTIL JUNE 30, 2026,
323		-	THE DIVISION SHALL TRANSMIT:
324		-	PAGE 7-SENATE BILL 23-274 (A) THE FEES COLLECTED PURSUANT TO THE COMMISSION 'S
325		-	FEE
326		-	-SETTING RULES ADOPTED UNDER SUBSECTIONS (1)(a)(II) TO (1)(a)(XI)
327		-	OF THIS SECTION TO THE STATE TREASURER, WHO SHALL CREDIT THE FEES AS
328		-	DIRECTED BY THE DIVISION
329		-	, EITHER TO THE CLEAN WATER CASH FUND
330		-	CREATED IN SUBSECTION
331		-	(4) OF THIS SECTION OR TO THE STATUTORY FUND
332		-	INTO WHICH SUCH FEES WERE TRANSMITTED BEFORE THE EFFECTIVE DATE OF
333		-	THIS SECTION
334		-	; AND
335		-	(B) THE FEES COLLECTED PURSUANT TO THE COMMISSION 'S
336		-	FEE
337		-	-SETTING RULES ADOPTED UNDER SUBSECTION (1)(a)(I) OF THIS SECTION
338		-	TO THE STATE TREASURER
339		-	, WHO SHALL CREDIT THE FEES TO THE DRINKING
340		-	WATER CASH FUND CREATED IN SECTION
341		-	25-1.5-209 (2).
	378	+	PON THE EFFECTIVE DATE OF THE RULES ADOPTED8
	379	+	PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION AND UNTIL JUNE 30,9
	380	+	2026,
	381	+	THE DIVISION SHALL TRANSMIT:10
	382	+	(A) T
	383	+	HE FEES COLLECTED PURSUANT TO THE COMMISSION 'S11
	384	+	FEE-SETTING RULES ADOPTED UNDER SUBSECTIONS (1)(a)(II) TO (1)(a)(XI)12
	385	+	OF THIS SECTION TO THE STATE TREASURER, WHO SHALL CREDIT THE FEES13
	386	+	AS DIRECTED BY THE DIVISION, EITHER TO THE CLEAN WATER CASH FUND14
	387	+	CREATED IN SUBSECTION (4) OF THIS SECTION OR TO THE STATUTORY FUND15
	388	+	INTO WHICH SUCH FEES WERE TRANSMITTED BEFORE THE EFFECTIVE DATE16
	389	+	OF THIS SECTION; AND17
	390	+	(B) T
	391	+	HE FEES COLLECTED PURSUANT TO THE COMMISSION 'S18
	392	+	FEE-SETTING RULES ADOPTED UNDER SUBSECTION (1)(a)(I) OF THIS19
	393	+	SECTION TO THE STATE TREASURER, WHO SHALL CREDIT THE FEES TO THE20
	394	+	DRINKING WATER CASH FUND CREATED IN SECTION 25-1.5-209 (2).21
342	395		(II) T
343		-	HIS SUBSECTION (3)(a) IS REPEALED, EFFECTIVE SEPTEMBER 1,
344		-	2026.
	396	+	HIS SUBSECTION (3)(a) IS REPEALED, EFFECTIVE SEPTEMBER22
	397	+	1,
	398	+	2026.23
345	399		(b) O
346		-	N AND AFTER JULY 1, 2026, THE DIVISION SHALL TRANSMIT:
	400	+	N AND AFTER JULY 1, 2026, THE DIVISION SHALL TRANSMIT:24
347	401		(I) T
348		-	HE FEES COLLECTED PURSUANT TO THE COMMISSION 'S
349		-	FEE
350		-	-SETTING RULES ADOPTED UNDER SUBSECTIONS (1)(a)(II) TO (1)(a)(XI)
351		-	OF THIS SECTION TO THE STATE TREASURER, WHO SHALL CREDIT THE FEES TO
352		-	THE CLEAN WATER CASH FUND CREATED IN SUBSECTION
353		-	(4) OF THIS SECTION;
354		-	AND
355		-	(II) THE FEES COLLECTED PURSUANT TO THE COMMISSION 'S
356		-	FEE
357		-	-SETTING RULES ADOPTED UNDER SUBSECTION (1)(a)(I) OF THIS SECTION
358		-	TO THE STATE TREASURER
359		-	, WHO SHALL CREDIT THE FEES TO THE DRINKING
360		-	WATER CASH FUND CREATED IN SECTION
361		-	25-1.5-209 (2).
	402	+	HE FEES COLLECTED PURSUANT TO THE COMMISSION 'S25
	403	+	FEE-SETTING RULES ADOPTED UNDER SUBSECTIONS (1)(a)(II) TO (1)(a)(XI)26
	404	+	OF THIS SECTION TO THE STATE TREASURER, WHO SHALL CREDIT THE FEES27
	405	+	274
	406	+	-10- TO THE CLEAN WATER CASH FUND CREATED IN SUBSECTION (4) OF THIS1
	407	+	SECTION; AND2
	408	+	(II) T
	409	+	HE FEES COLLECTED PURSUANT TO THE COMMISSION 'S3
	410	+	FEE-SETTING RULES ADOPTED UNDER SUBSECTION (1)(a)(I) OF THIS4
	411	+	SECTION TO THE STATE TREASURER, WHO SHALL CREDIT THE FEES TO THE5
	412	+	DRINKING WATER CASH FUND CREATED IN SECTION 25-1.5-209 (2).6
362	413		(4) (a) T
363		-	HE CLEAN WATER CASH FUND IS CREATED IN THE STATE
364		-	TREASURY
365		-	. THE FUND CONSISTS OF:
	414	+	HE CLEAN WATER CASH FUND IS CREATED IN THE STATE7
	415	+	TREASURY. THE FUND CONSISTS OF:8
366	416		(I) F
367		-	EES COLLECTED PURSUANT TO THE COMMISSION 'S FEE-SETTING
368		-	RULES ADOPTED PURSUANT TO SUBSECTIONS
369		-	(1)(a)(II) TO (1)(a)(XI) OF THIS
370		-	SECTION
371		-	;
	417	+	EES COLLECTED PURSUANT TO THE COMMISSION 'S FEE-SETTING9
	418	+	RULES ADOPTED PURSUANT TO SUBSECTIONS (1)(a)(II) TO (1)(a)(XI) OF10
	419	+	THIS SECTION;11
372	420		(II) A
373		-	NY OTHER MONEY THAT THE GENERAL ASSEMBLY ~~MAY~~
374		-	APPROPRIATE OR TRANSFER TO THE FUND
375		-	~~; AND~~
376		-	~~(III) ANY~~ FEDERAL FUNDS CREDITED TO THE FUND .
377		-	~~PAGE 8-SENATE BILL 23-274~~ (b) ~~THE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME~~
378		-	~~DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE CLEAN~~
379		-	~~WATER CASH FUND TO~~ THE ~~FUND~~
380		-	.
	421	+	NY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY12
	422	+	APPROPRIATE OR TRANSFER TO THE FUND ; AND13
	423	+	(III) A
	424	+	NY FEDERAL FUNDS CREDITED TO THE FUND .14
	425	+	(b) T
	426	+	HE STATE TREASURER SHALL CREDIT ALL INTEREST AND15
	427	+	INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE16
	428	+	CLEAN WATER CASH FUND TO THE FUND .17
381	429		(c) T
382		-	HE GENERAL ASSEMBLY SHALL ANNUALLY ~~APPROPRIATE MONEY~~
383		-	FROM THE SOURCES SPECIFIED IN SUBSECTIONS
384		-	~~(1)(a)(I) AND~~ (1)(a)(II) OF
385		-	THIS SECTION IN THE CLEAN WATER CASH FUND TO ~~THE DEPARTMENT FOR~~
386		-	USE BY THE DIVISION FOR THE DIVISION
387		-	'S ADMINISTRATION AND
388		-	~~IMPLEMENTATION OF THE FEDERAL ACT AND THIS~~ ARTICLE
389		-	8.
390		-	~~SECTION 5.~~ ~~In Colorado Revised Statutes~~, ~~25-8-502~~, ~~amend~~
391		-	(1.1)(c)(IV) ~~introductory portion,~~ (1.7)(a)(I) ~~introductory portion,~~ and
392		-	(1.~~7)(a)(II); repeal (1.7)(a)(I)(B); and add (1.8) as follows:~~
393		-	~~25-8-502. Application - definitions - fees - funds created - public~~
394		-	participation - repeal. (1.1) For each regulated activity listed ~~in this~~
395		-	subsection (1.1), the division may assess an annual permit fee and a
396		-	nonrefundable permit application fee for new permits that must equal ~~fifty~~
397		-	percent of the annual permit fee. The full amount of the application ~~fee is~~
398		-	credited toward the annual permit fee. All such fees must be ~~in accordance~~
399		-	with the following schedules:
400		-	(c) The construction sector includes annual fee schedules ~~for~~
401		-	regulated activities associated with construction activities as follows:
	430	+	HE GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE18
	431	+	MONEY FROM THE SOURCES SPECIFIED IN SUBSECTIONS (1)(a)(I) AND19
	432	+	(1)(a)(II)
	433	+	OF THIS SECTION IN THE CLEAN WATER CASH FUND TO THE20
	434	+	DEPARTMENT FOR USE BY THE DIVISION FOR THE DIVISION 'S21
	435	+	ADMINISTRATION AND IMPLEMENTATION OF THE FEDERAL ACT AND THIS22
	436	+	ARTICLE 8.23
	437	+	SECTION 5. In Colorado Revised Statutes, 25-8-502, amend24
	438	+	(1.1)(c)(IV) introductory portion, (1.7)(a)(I) introductory portion, and25
	439	+	(1.7)(a)(II); repeal (1.7)(a)(I)(B); and add (1.8) as follows:26
	440	+	25-8-502. Application - definitions - fees - funds created -27
	441	+	274
	442	+	-11- public participation - repeal. (1.1) For each regulated activity listed in1
	443	+	this subsection (1.1), the division may assess an annual permit fee and a2
	444	+	nonrefundable permit application fee for new permits that must equal fifty3
	445	+	percent of the annual permit fee. The full amount of the application fee4
	446	+	is credited toward the annual permit fee. All such fees must be in5
	447	+	accordance with the following schedules:6
	448	+	(c) The construction sector includes annual fee schedules for7
	449	+	regulated activities associated with construction activities as follows:8
402	450		(IV) The division shall use the
403		-	CONSTRUCTION SECTOR FEE revenue
404		-	generated by the fees set forth in subsections (1.1)(c)(II)(G) to
405		-	(1.1)(c)(II)(K) and (1.1)(c)(III) of this section COLLECTED PURSUANT TO
406		-	THIS SECTION OR
407		-	, ON AND AFTER JULY 1, 2026, PURSUANT TO COMMISSION
408		-	RULES ADOPTED UNDER SECTION
409		-	25-8-210 (1)(a)(III), to continue to fund the
410		-	administration and oversight of the construction sector, and shall use the
411		-	increased revenue, when compared with the revenue generated by the
412		-	corresponding fees as they existed on June 30, 2015, to fund new
413		-	INCLUDING services provided under the alternative compliance assurance
414		-	model. The division shall not use the increased revenue to fund additional
415		-	enforcement staff The division may use the increased revenue for the
416		-	following purposes UNLESS SUCH FUNDING IS INCLUDED IN A COMMISSION
417		-	FEE
418		-	-SETTING RULE. AN ALTERNATIVE COMPLIANCE ASSURANCE MODEL
419		-	INCLUDES
420		-	:
421		-	PAGE 9-SENATE BILL 23-274 (1.7) (a) The department of public health and environment shall
422		-	report annually to:
423		-	(I) The senate agriculture and natural resources committee and the
424		-	house of representatives agriculture, livestock WATER, and natural resources
425		-	committee, or their successor committees, on:
426		-	(B) The clean water program. The report must include the number
427		-	of permits processed, the number of applications pending for new and
428		-	amended permits, the length of time the permits remain in the system prior
429		-	to issuance, the number of inspections conducted, the number of site
430		-	application and design reviews completed, the number of enforcement
431		-	actions taken, the costs associated with each sector specified in subsections
432		-	(1.1), (1.2), and (1.3) of this section, the number of full-time equivalents
433		-	assigned to and actively processing permits, the number of full-time
434		-	equivalents assigned to and actively conducting inspections, the number of
435		-	full-time equivalents assigned to and actively conducting site application
436		-	and design reviews, the number of full-time equivalents assigned to and
437		-	actively conducting enforcement actions, and the number of full-time
438		-	equivalents assigned to and actively developing rules and standards. The
439		-	department shall inform the committees regarding all new standards and
440		-	rules to be proposed within the subsequent year. The department shall
441		-	submit the report on or before March 31 of each year. Commencing in
442		-	2017, the department shall develop baseline information for reporting.
443		-	Commencing in 2018, the department shall provide information on
444		-	improvements that have been made in comparison to the baseline
445		-	information and information on the barriers to making improvements.
446		-	(II) The joint budget committee by November 1 of each year
447		-	regarding the fee revenue received from each sector specified in subsections
448		-	(1.1), (1.2), and (1.3) SUBSECTION (1.1)(a) of this section, including
449		-	expenditures by fund source and revenues by fund and sector source based
450		-	on the November 1 request.
	451	+	CONSTRUCTION SECTOR FEE9
	452	+	revenue generated by the fees set forth in subsections (1.1)(c)(II)(G) to
	453	+	10
	454	+	(1.1)(c)(II)(K) and (1.1)(c)(III) of this section COLLECTED PURSUANT TO11
	455	+	THIS SECTION OR, ON AND AFTER JULY 1, 2026, PURSUANT TO COMMISSION12
	456	+	RULES ADOPTED UNDER SECTION 25-8-210 (1)(a)(III), to continue to fund13
	457	+	the administration and oversight of the construction sector, and shall use14
	458	+	the increased revenue, when compared with the revenue generated by the15
	459	+	corresponding fees as they existed on June 30, 2015, to fund new16
	460	+	INCLUDING services provided under the alternative compliance assurance17
	461	+	model. The division shall not use the increased revenue to fund additional18
	462	+	enforcement staff The division may use the increased revenue for the19
	463	+	following purposes UNLESS SUCH FUNDING IS INCLUDED IN A COMMISSION20
	464	+	FEE-SETTING RULE. AN ALTERNATIVE COMPLIANCE ASSURANCE MODEL21
	465	+	INCLUDES:22
	466	+	(1.7) (a) The department of public health and environment shall23
	467	+	report annually to:24
	468	+	(I) The senate agriculture and natural resources committee and the25
	469	+	house of representatives agriculture, livestock WATER, and natural26
	470	+	resources committee, or their successor committees, on:27
	471	+	274
	472	+	-12- (B) The clean water program. The report must include the number1
	473	+	of permits processed, the number of applications pending for new and2
	474	+	amended permits, the length of time the permits remain in the system3
	475	+	prior to issuance, the number of inspections conducted, the number of site4
	476	+	application and design reviews completed, the number of enforcement5
	477	+	actions taken, the costs associated with each sector specified in6
	478	+	subsections (1.1), (1.2), and (1.3) of this section, the number of full-time7
	479	+	equivalents assigned to and actively processing permits, the number of8
	480	+	full-time equivalents assigned to and actively conducting inspections, the9
	481	+	number of full-time equivalents assigned to and actively conducting site10
	482	+	application and design reviews, the number of full-time equivalents11
	483	+	assigned to and actively conducting enforcement actions, and the number12
	484	+	of full-time equivalents assigned to and actively developing rules and13
	485	+	standards. The department shall inform the committees regarding all new14
	486	+	standards and rules to be proposed within the subsequent year. The15
	487	+	department shall submit the report on or before March 31 of each year.16
	488	+	Commencing in 2017, the department shall develop baseline information17
	489	+	for reporting. Commencing in 2018, the department shall provide18
	490	+	information on improvements that have been made in comparison to the19
	491	+	baseline information and information on the barriers to making20
	492	+	improvements.21
	493	+	(II) The joint budget committee by November 1 of each year22
	494	+	regarding the fee revenue received from each sector specified in23
	495	+	subsections (1.1), (1.2), and (1.3) SUBSECTION (1.1)(a) of this section,24
	496	+	including expenditures by fund source and revenues by fund and sector25
	497	+	source based on the November 1 request.26
451	498		(1.8) (a) O
452		-	N JUNE 30, 2026, THE STATE TREASURER ~~SHALL TRANSFER~~
453		-	~~ANY UNEXPENDED AND UNENCUMBERED MONEY REMAINING IN THE~~
454		-	~~FOLLOWING CASH FUNDS TO THE CLEAN WATER CASH FUND CREATED IN~~
455		-	~~SECTION~~
456		-	25-8-210 (4)(a):
	499	+	N JUNE 30, 2026, THE STATE TREASURER SHALL27
	500	+	274
	501	+	-13- TRANSFER ANY UNEXPENDED AND UNENCUMBERED MONEY REMAINING IN1
	502	+	THE FOLLOWING CASH FUNDS TO THE CLEAN WATER CASH FUND CREATED2
	503	+	IN SECTION 25-8-210 (4)(a):3
457	504		(I) T
458		-	HE COMMERCE AND INDUSTRY SECTOR FUND CREATED IN
459		-	~~PAGE 10-SENATE BILL 23-274~~ SUBSECTION (1.5)(a)(I) OF THIS SECTION;
	505	+	HE COMMERCE AND INDUSTRY SECTOR FUND CREATED IN4
	506	+	SUBSECTION (1.5)(a)(I) OF THIS SECTION;5
460	507		(II) T
461		-	HE CONSTRUCTION SECTOR FUND CREATED IN SUBSECTION
462		-	(1.5)(a)(II) OF THIS SECTION;
	508	+	HE CONSTRUCTION SECTOR FUND CREATED IN SUBSECTION6
	509	+	(1.5)(a)(II)
	510	+	OF THIS SECTION;7
463	511		(III) T
464		-	HE PESTICIDES SECTOR FUND CREATED IN SUBSECTION
465		-	(1.5)(a)(III) OF THIS SECTION;
	512	+	HE PESTICIDES SECTOR FUND CREATED IN SUBSECTION8
	513	+	(1.5)(a)(III)
	514	+	OF THIS SECTION;9
466	515		(IV) T
467		-	HE MUNICIPAL SEPARATE STORM SEWER SYSTEM SECTOR FUND
468		-	CREATED IN SUBSECTION
469		-	(1.5)(a)(IV) OF THIS SECTION; AND
470		-	(V) THE PUBLIC AND PRIVATE UTILITIES SECTOR FUND CREATED IN
471		-	SUBSECTION
472		-	(1.5)(a)(V) OF THIS SECTION.
	516	+	HE MUNICIPAL SEPARATE STORM SEWER SYSTEM SECTOR10
	517	+	FUND CREATED IN SUBSECTION (1.5)(a)(IV) OF THIS SECTION; AND11
	518	+	(V) T
	519	+	HE PUBLIC AND PRIVATE UTILITIES SECTOR FUND CREATED IN12
	520	+	SUBSECTION (1.5)(a)(V) OF THIS SECTION.13
473	521		(b) S
474		-	UBSECTIONS (1.1)(b), (1.1)(c), (1.1)(d), (1.1)(e), (1.1)(f), ~~(1.2),~~
475		-	(1.3),
476		-	AND (1.5) OF THIS SECTION AND THIS SUBSECTION (1.8) ~~ARE REPEALED,~~
477		-	EFFECTIVE JULY 1, 2026.
478		-	SECTION 6. In Colorado Revised Statutes, 30-20-110.5, add (4)
479		-	as follows:
480		-	30-20-110.5. Beneficial use of biosolids - water quality ~~control~~
	522	+	UBSECTIONS (1.1)(b), (1.1)(c), (1.1)(d), (1.1)(e), (1.1)(f),14
	523	+	(1.2),
	524	+	(1.3), AND (1.5) OF THIS SECTION AND THIS SUBSECTION (1.8) ARE15
	525	+	REPEALED, EFFECTIVE JULY 1, 2026.16
	526	+	SECTION 6. In Colorado Revised Statutes, 30-20-110.5, add (4)17
	527	+	as follows:18
	528	+	30-20-110.5. Beneficial use of biosolids - water quality control19
481	529		commission to set fees - fund created - repeal. (4) (a) O
482		-	N JUNE 30, 2026,
483		-	THE STATE TREASURER SHALL TRANSFER ANY UNEXPENDED AND
484		-	UNENCUMBERED MONEY REMAINING IN THE BIOSOLIDS MANAGEMENT
485		-	PROGRAM FUND CREATED IN SUBSECTION
486		-	(3) OF THIS SECTION TO THE CLEAN
487		-	WATER CASH FUND CREATED IN SECTION
488		-	25-8-210 (4)(a).
	530	+	N JUNE 30,20
	531	+	2026,
	532	+	THE STATE TREASURER SHALL TRANSFER ANY UNEXPENDED AND21
	533	+	UNENCUMBERED MONEY REMAINING IN THE BIOSOLIDS MANAGEMENT22
	534	+	PROGRAM FUND CREATED IN SUBSECTION (3) OF THIS SECTION TO THE23
	535	+	CLEAN WATER CASH FUND CREATED IN SECTION 25-8-210 (4)(a).24
489	536		(b) T
490		-	HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2026.
491		-	SECTION 7. In Colorado Revised Statutes, repeal 25-8-506 as
492		-	follows:
493		-	25-8-506. Nuclear and radioactive wastes. (1) It is unlawful for
494		-	any person to discharge, deposit, or dispose of any radioactive waste
495		-	underground in liquid, solid, or explosive form unless the division, upon
496		-	application of the person desiring to undertake such activity and after
497		-	investigation and hearing, has first found, based upon a preponderance of
498		-	the evidence, that there will be no significant pollution resulting therefrom
499		-	or that the pollution, if any, will be limited to waters in a specified limited
500		-	PAGE 11-SENATE BILL 23-274 area from which there is no significant migration.
501		-	(2) (a) In such case the division shall issue a permit for the proposed
502		-	activity, upon the payment of a fee of one thousand dollars. The division
503		-	may include in such permit issued under this subsection (2) such reasonable
504		-	terms and conditions as it may from time to time require to implement this
505		-	section in a manner consistent with the purposes of this article. The terms
506		-	or conditions which may be imposed shall include, without limitation, those
507		-	with respect to duration of use or operation; monitoring; reporting; volume
508		-	of discharge or disposal; treatment of wastes; and the deposit with the state
509		-	treasurer of a bond, with or without surety as the division may in its
510		-	discretion require, or other security, to assure that the permitted activities
511		-	will be conducted in compliance with the terms and conditions of the
512		-	permit, and that upon abandonment, cessation, or interruption of the
513		-	permitted activities or facilities, appropriate measures will be taken to
514		-	protect the waters of the state. Other than relief from provisions of this
515		-	article to the extent specified in this subsection (2), no permit issued
516		-	pursuant to this subsection (2) shall relieve any person of any duty or
517		-	liability to the state or to any other person existing or arising under any
518		-	statute or under common law.
519		-	(b) Notwithstanding the amount specified for the fee in paragraph
520		-	(a) of this subsection (2), the commission by rule or as otherwise provided
521		-	by law may reduce the amount of the fee if necessary pursuant to section
522		-	24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to
523		-	which all or any portion of the fee is credited. After the uncommitted
524		-	reserves of the fund are sufficiently reduced, the commission by rule or as
525		-	otherwise provided by law may increase the amount of the fee as provided
526		-	in section 24-75-402 (4), C.R.S.
527		-	(3) No permit for the discharge, deposit, or disposal of nuclear or
528		-	radioactive waste underground shall be required in any case where
529		-	groundwater quality regulation is conducted under article 11 of this title, or
530		-	under the "Uranium Mill Tailings Radiation Control Act of 1978", Pub.L.
531		-	95-604, or a successor statute, where such regulation is determined by the
532		-	division to comply with the standard set forth in subsection (1) of this
533		-	section.
534		-	(4) (a) The provisions of this section revise and replace, in part,
535		-	section 25-8-505 of this article, the "Colorado Water Quality Control Act",
536		-	PAGE 12-SENATE BILL 23-274 as said article existed prior to July 1, 1981. All permits issued pursuant to
537		-	said section 25-8-505 prior to July 1, 1981, shall be deemed a permit issued
538		-	pursuant to this section and subject to the standards of subsection (1) of this
539		-	section unless or until:
540		-	(I) Such permitted activities are exempted by the provisions of
541		-	subsection (3) of this section. In such case, all permits issued pursuant to
542		-	said section 25-8-505 shall terminate and have no effect whatsoever; or
543		-	(II) Such permitted activities are the subject of a new permit issued
544		-	pursuant to this section.
545		-	(b) Repealed.
546		-	SECTION 8. In Colorado Revised Statutes, 25-10-107, add (4) as
547		-	follows:
	537	+	HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2026.25
	538	+	SECTION 7. In Colorado Revised Statutes, repeal 25-8-506 as26
	539	+	follows:27
	540	+	274
	541	+	-14- 25-8-506. Nuclear and radioactive wastes. (1) It is unlawful for1
	542	+	any person to discharge, deposit, or dispose of any radioactive waste2
	543	+	underground in liquid, solid, or explosive form unless the division, upon3
	544	+	application of the person desiring to undertake such activity and after4
	545	+	investigation and hearing, has first found, based upon a preponderance of5
	546	+	the evidence, that there will be no significant pollution resulting6
	547	+	therefrom or that the pollution, if any, will be limited to waters in a7
	548	+	specified limited area from which there is no significant migration.8
	549	+	(2) (a) In such case the division shall issue a permit for the9
	550	+	proposed activity, upon the payment of a fee of one thousand dollars. The10
	551	+	division may include in such permit issued under this subsection (2) such11
	552	+	reasonable terms and conditions as it may from time to time require to12
	553	+	implement this section in a manner consistent with the purposes of this13
	554	+	article. The terms or conditions which may be imposed shall include,14
	555	+	without limitation, those with respect to duration of use or operation;15
	556	+	monitoring; reporting; volume of discharge or disposal; treatment of16
	557	+	wastes; and the deposit with the state treasurer of a bond, with or without17
	558	+	surety as the division may in its discretion require, or other security, to18
	559	+	assure that the permitted activities will be conducted in compliance with19
	560	+	the terms and conditions of the permit, and that upon abandonment,20
	561	+	cessation, or interruption of the permitted activities or facilities,21
	562	+	appropriate measures will be taken to protect the waters of the state.22
	563	+	Other than relief from provisions of this article to the extent specified in23
	564	+	this subsection (2), no permit issued pursuant to this subsection (2) shall24
	565	+	relieve any person of any duty or liability to the state or to any other25
	566	+	person existing or arising under any statute or under common law.26
	567	+	(b) Notwithstanding the amount specified for the fee in paragraph27
	568	+	274
	569	+	-15- (a) of this subsection (2), the commission by rule or as otherwise provided1
	570	+	by law may reduce the amount of the fee if necessary pursuant to section2
	571	+	24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to3
	572	+	which all or any portion of the fee is credited. After the uncommitted4
	573	+	reserves of the fund are sufficiently reduced, the commission by rule or5
	574	+	as otherwise provided by law may increase the amount of the fee as6
	575	+	provided in section 24-75-402 (4), C.R.S.7
	576	+	(3) No permit for the discharge, deposit, or disposal of nuclear or8
	577	+	radioactive waste underground shall be required in any case where9
	578	+	groundwater quality regulation is conducted under article 11 of this title,10
	579	+	or under the "Uranium Mill Tailings Radiation Control Act of 1978",11
	580	+	Pub.L. 95-604, or a successor statute, where such regulation is determined12
	581	+	by the division to comply with the standard set forth in subsection (1) of13
	582	+	this section.14
	583	+	(4) (a) The provisions of this section revise and replace, in part,15
	584	+	section 25-8-505 of this article, the "Colorado Water Quality Control16
	585	+	Act", as said article existed prior to July 1, 1981. All permits issued17
	586	+	pursuant to said section 25-8-505 prior to July 1, 1981, shall be deemed18
	587	+	a permit issued pursuant to this section and subject to the standards of19
	588	+	subsection (1) of this section unless or until:20
	589	+	(I) Such permitted activities are exempted by the provisions of21
	590	+	subsection (3) of this section. In such case, all permits issued pursuant to22
	591	+	said section 25-8-505 shall terminate and have no effect whatsoever; or23
	592	+	(II) Such permitted activities are the subject of a new permit24
	593	+	issued pursuant to this section.25
	594	+	(b) Repealed.26
	595	+	SECTION 8. In Colorado Revised Statutes, 25-10-107, add (4)27
	596	+	274
	597	+	-16- as follows:1
548	598		25-10-107. Fees - repeal. (4) S
549		-	UBSECTION (3) OF THIS SECTION AND
550		-	THIS SUBSECTION
551		-	(4) ARE REPEALED, EFFECTIVE JULY 1, 2026.
552		-	SECTION 9. In Colorado Revised Statutes, amend 25-8-305 as
553		-	follows:
554		-	25-8-305. Annual report - repeal. (1) (a) Notwithstanding section
555		-	24-1-136 (11)(a)(I), On or before October 1 of each year, the division
556		-	through the executive director shall report to the commission on the
557		-	effectiveness of this article
558		-	ARTICLE 8 and shall include in such report any
559		-	recommendations it THE DIVISION may have with respect to any regulatory
560		-	or legislative changes that may be needed or desired. The report must
561		-	include the then-current
562		-	MONITORING information that has been obtained
563		-	pursuant to section 25-8-303. and information concerning the status of the
564		-	division's implementation of the discharge permit program established in
565		-	part 5 of this article.
566		-	(b) The EXECUTIVE DIRECTOR SHALL ALSO SUBMIT THE report shall
567		-	be filed with TO the house OF REPRESENTATIVES agriculture, livestock
568		-	WATER, and natural resources committee and the senate agriculture AND
569		-	natural resources and energy committee, or any THEIR successor
	599	+	UBSECTION (3) OF THIS SECTION2
	600	+	AND THIS SUBSECTION (4) ARE REPEALED, EFFECTIVE JULY 1, 2026.3
	601	+	SECTION 9. In Colorado Revised Statutes, amend 25-8-305 as4
	602	+	follows:5
	603	+	25-8-305. Annual report - repeal. (1) (a) Notwithstanding
	604	+	6
	605	+	section 24-1-136 (11)(a)(I), On or before October 1 of each year, the7
	606	+	division through the executive director shall report to the commission on8
	607	+	the effectiveness of this article ARTICLE 8 and shall include in such report9
	608	+	any recommendations it THE DIVISION may have with respect to any10
	609	+	regulatory or legislative changes that may be needed or desired. The11
	610	+	report must include the then-current
	611	+	MONITORING information that has12
	612	+	been obtained pursuant to section 25-8-303. and information concerning
	613	+	13
	614	+	the status of the division's implementation of the discharge permit14
	615	+	program established in part 5 of this article.15
	616	+	(b) The
	617	+	EXECUTIVE DIRECTOR SHALL ALSO SUBMIT THE report shall
	618	+	16
	619	+	be filed with TO the house OF REPRESENTATIVES agriculture, livestock17
	620	+	WATER, and natural resources committee and the senate agriculture AND18
	621	+	natural resources and energy committee, or any THEIR successor19
570	622		committees. N
571		-	OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THIS
572		-	REPORTING REQUIREMENT CONTINUES INDEFINITELY
573		-	.
574		-	PAGE 13-SENATE BILL 23-274 (2) THE ANNUAL REPORT DESCRIBED IN SUBSECTION (1) OF THIS
575		-	SECTION MUST INCLUDE INFORMATION ON THE DIVISION
576		-	'S:
	623	+	OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THIS20
	624	+	REPORTING REQUIREMENT CONTINUES INDEFINITELY .21
	625	+	(2) T
	626	+	HE ANNUAL REPORT DESCRIBED IN SUBSECTION (1) OF THIS22
	627	+	SECTION MUST INCLUDE INFORMATION ON THE DIVISION 'S:23
577	628		(a) I
578		-	MPLEMENTATION OF THE DISCHARGE PERMITTING PROGRAM
579		-	ESTABLISHED IN PART
580		-	5 OF THIS ARTICLE 8;
	629	+	MPLEMENTATION OF THE DISCHARGE PERMITTING PROGRAM24
	630	+	ESTABLISHED IN PART 5 OF THIS ARTICLE 8;25
581	631		(b) I
582		-	NSPECTIONS PERFORMED;
	632	+	NSPECTIONS PERFORMED;26
583	633		(c) E
584		-	NFORCEMENT ACTIONS UNDER THIS ARTICLE 8;
585		-	~~(d) E~~
586		-	~~STABLISHMENT~~ OF ANY NEW RULES AND STANDARDS ;
	634	+	NFORCEMENT ACTIONS UNDER THIS ARTICLE 8;27
	635	+	274
	636	+	-17- (d) ESTABLISHMENT OF ANY NEW RULES AND STANDARDS ;1
587	637		(e) A
588		-	SSESSMENT OF ANY EMERGING TRENDS THAT THE ~~DIVISION~~
589		-	PERCEIVES IN ISSUES PERTAINING TO WATER QUALITY
590		-	;
	638	+	SSESSMENT OF ANY EMERGING TRENDS THAT THE DIVISION2
	639	+	PERCEIVES IN ISSUES PERTAINING TO WATER QUALITY ;
	640	+	3
591	641		(f) T
592		-	HE RATIO OF GENERAL FUND APPROPRIATIONS TO CASH FUND
593		-	APPROPRIATIONS THAT WERE AUTHORIZED FOR THE STATE FISCAL YEAR
594		-	IMMEDIATELY PRECEDING THE DATE OF THE REPORT
595		-	; AND
596		-	(g) REVENUE AND EXPENDITURES , INCLUDING FOR THE DIVISION'S
597		-	GENERAL ADMINISTRATION NEEDS
598		-	, THE DIVISION'S ADMINISTRATION OF THE
599		-	CLEAN WATER AND DRINKING WATER PROGRAMS
600		-	, AND THE DIVISION'S
601		-	ALLOCATION OF ANY INCREASED FEES ESTABLISHED THROUGH SECTION
602		-	25-8-210 FOR SERVICES THAT THE DIVISION PROVIDES . THE DEPARTMENT
603		-	SHALL PRESENT THIS INFORMATION AS PART OF THE DEPARTMENT
604		-	'S ANNUAL
605		-	"SMART ACT" PRESENTATION PURSUANT TO SECTION 2-7-203.
	642	+	HE RATIO OF GENERAL FUND APPROPRIATIONS TO CASH FUND4
	643	+	APPROPRIATIONS THAT WERE AUTHORIZED FOR THE STATE FISCAL YEAR5
	644	+	IMMEDIATELY PRECEDING THE DATE OF THE REPORT ; AND
	645	+	6
	646	+	(g) R
	647	+	EVENUE AND EXPENDITURES, INCLUDING FOR THE DIVISION'S
	648	+	7
	649	+	GENERAL ADMINISTRATION NEEDS , THE DIVISION'S ADMINISTRATION OF8
	650	+	THE CLEAN WATER AND DRINKING WATER PROGRAMS , AND THE DIVISION'S9
	651	+	ALLOCATION OF ANY INCREASED FEES ESTABLISHED THR OUGH SECTION10
	652	+	25-8-210
	653	+	FOR SERVICES THAT THE DIVISION PROVIDES. THE DEPARTMENT
	654	+	11
	655	+	SHALL PRESENT THIS INFORMATION AS PART OF THE DEPARTMENT 'S12
	656	+	ANNUAL "SMART ACT" PRESENTATION PURSUANT TO SECTION 2-7-203.13
606	657		(3) (a) F
607		-	OR A REPORT THAT THE DIVISION SUBMITS ON OR BEFORE
608		-	OCTOBER 1, 2025, THE REPORT MUST INCLUDE THE TOTAL PERMIT FEE
609		-	REVENUE RECEIVED IN THE PREVIOUS TWELVE MONTHS
610		-	, AND THE DIVISION'S
611		-	DIRECT AND INDIRECT COSTS TO ADMINISTER THE PERMITS
612		-	, FOR THE
613		-	FOLLOWING SECTOR
614		-	-SPECIFIC PERMITS, REVIEWS, OR DETERMINATIONS:
	658	+	OR A REPORT THAT THE DIVISION SUBMITS ON OR BEFORE14
	659	+	O
	660	+	CTOBER 1, 2025, THE REPORT MUST INCLUDE THE TOTAL PERMIT FEE15
	661	+	REVENUE RECEIVED IN THE PREVIOUS TWELVE MONTHS , AND THE16
	662	+	DIVISION'S DIRECT AND INDIRECT COSTS TO ADMINISTER THE PERMITS, FOR17
	663	+	THE FOLLOWING SECTOR -SPECIFIC PERMITS , REVIEWS, OR18
	664	+	DETERMINATIONS:19
615	665		(I) T
616		-	HE COMMERCE AND INDUSTRY SECTOR PURSUANT TO ~~SECTION~~
617		-	25-8-502 (1.1)(b);
	666	+	HE COMMERCE AND INDUSTRY SECTOR PURSUANT TO SECTION20
	667	+	25-8-502 (1.1)(b);21
618	668		(II) T
619		-	HE CONSTRUCTION SECTOR PURSUANT TO SECTION 25-8-~~502~~
620		-	(1.1)(c);
	669	+	HE CONSTRUCTION SECTOR PURSUANT TO SECTION 25-8-50222
	670	+	(1.1)(c);23
621	671		(III) T
622		-	HE PESTICIDE SECTOR PURSUANT TO SECTION 25-8-~~502~~
623		-	~~PAGE 14-SENATE BILL 23-274~~ (1.1)(d);
	672	+	HE PESTICIDE SECTOR PURSUANT TO SECTION 25-8-50224
	673	+	(1.1)(d);25
624	674		(IV) T
625		-	HE PUBLIC AND PRIVATE UTILITIES SECTOR PURSUANT TO
626		-	SECTION
627		-	25-8-502 (1.1)(e);
628		-	(V) T
629		-	HE MUNICIPAL SEPARATE STORM SEWER SYSTEM SECTOR
630		-	PURSUANT TO SECTION
631		-	25-8-502 (1.1)(f);
	675	+	HE PUBLIC AND PRIVATE UTILITIES SECTOR PURSUANT TO26
	676	+	SECTION 25-8-502 (1.1)(e);27
	677	+	274
	678	+	-18- (V) THE MUNICIPAL SEPARATE STORM SEWER SYSTEM SECTOR1
	679	+	PURSUANT TO SECTION 25-8-502 (1.1)(f);2
632	680		(VI) T
633		-	HE REVIEWS PERFORMED PURSUANT TO SECTION 25-8-~~502~~
	681	+	HE REVIEWS PERFORMED PURSUANT TO SECTION 25-8-5023
634	682		(1.2)
635		-	FOR REQUESTS FOR CERTIFICATION UNDER SECTION 401 OF THE
636		-	FEDERAL ACT
637		-	;
	683	+	FOR REQUESTS FOR CERTIFICATION UNDER SECTION 401 OF THE4
	684	+	FEDERAL ACT;5
638	685		(VII) T
639		-	HE PRELIMINARY EFFLUENT LIMITATION DETERMINATIONS
640		-	PERFORMED PURSUANT TO SECTION
641		-	25-8-502 (1.3)(b); AND
642		-	(VIII) THE WASTEWATER SITE APPLICATIONS AND DESIGN REVIEWS
643		-	PERFORMED PURSUANT TO SECTION
644		-	25-8-502 (1.3)(c).
	686	+	HE PRELIMINARY EFFLUENT LIMITATION DETERMINATIONS6
	687	+	PERFORMED PURSUANT TO SECTION 25-8-502 (1.3)(b); AND7
	688	+	(VIII) T
	689	+	HE WASTEWATER SITE APPLICATIONS AND DESIGN REVIEWS8
	690	+	PERFORMED PURSUANT TO SECTION 25-8-502 (1.3)(c).9
645	691		(b) T
646		-	HIS SUBSECTION (3) IS REPEALED, EFFECTIVE JULY 1, 2026.
	692	+	HIS SUBSECTION (3) IS REPEALED, EFFECTIVE JULY 1, 2026.10
647	693		(4) (a) F
648		-	OR THE REPORT THAT THE DIVISION SUBMITS IN 2025, THE
649		-	REPORT MUST INCLUDE
650		-	:
	694	+	OR THE REPORT THAT THE DIVISION SUBMITS IN 2025, THE11
	695	+	REPORT MUST INCLUDE:12
651	696		(I) A
652		-	DESCRIPTION OF THE FEE STRUCTURE PROPOSED OR ~~INCLUDED~~
653		-	IN RULES THAT THE COMMISSION HAS PROPOSED OR ADOPTED ~~PURSUANT TO~~
654		-	SECTION
655		-	~~25-8-210 (1)(a);~~
	697	+	DESCRIPTION OF THE FEE STRUCTURE PROPOSED OR INCLUDED13
	698	+	IN RULES THAT THE COMMISSION HAS PROPOSED OR ADOPTED PURSUANT14
	699	+	TO SECTION 25-8-210 (1)(a);
	700	+	15
656	701		(II) I
657		-	F THE RULES PROPOSED OR ADOPTED PURSUANT TO SECTION
658		-	25-8-210 (1)(a) MODIFY A FEE STRUCTURE SET FORTH IN STATUTE , THE
659		-	REASONS FOR THE CHANGE IN THE FEE STRUCTURE
660		-	; AND
661		-	(III) A SUMMARY OF OPTIONS FOR SETTING A CAP ON THE AMOUNT
662		-	OF FEE INCREASES AND THE DEPARTMENT OF PUBLIC HEALTH AND
663		-	ENVIRONMENT
664		-	'S RECOMMENDATIONS ON SETTING A CAP BASED ON
665		-	STAKEHOLDER FEEDBACK
666		-	.
	702	+	F THE RULES PROPOSED OR ADOPTED PURSUANT TO SECTION16
	703	+	25-8-210 (1)(a)
	704	+	MODIFY A FEE STRUCTURE SET FORTH IN STATUTE , THE17
	705	+	REASONS FOR THE CHANGE IN THE FEE STRUCTURE ; AND
	706	+	18
	707	+	(III) A
	708	+	SUMMARY OF OPTIONS FOR SETTING A CAP ON THE AMOUNT
	709	+	19
	710	+	OF FEE INCREASES AND THE DEPARTMENT OF PUBLIC HEALTH AND20
	711	+	ENVIRONMENT'S RECOMMENDATIONS ON SETTING A CAP BASED ON21
	712	+	STAKEHOLDER FEEDBACK .22
667	713		(b) T
668		-	HIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2026.
669		-	SECTION 10. In Colorado Revised Statutes, 25-8-205, amend
670		-	(1)(e) as follows:
671		-	PAGE 15-SENATE BILL 23-274 25-8-205. Control regulations. (1) The commission may
672		-	promulgate control regulations for the following purposes:
673		-	(e) To describe requirements, prohibitions, standards, and
674		-	concentration limitations on the use and disposal of biosolids to protect
675		-	public health and to prevent the discharge of pollutants into state waters,
676		-	except as authorized by permit. The commission requirements described
677		-	pursuant to this paragraph (e) shall be no
678		-	SUBSECTION (1)(e) MUST NOT BE
679		-	more restrictive than the requirements adopted for solid wastes disposal sites and facilities pursuant to part 1 of article 20 of title 30, C.R.S.,
680		-	except
681		-	as necessary to be consistent with section 405 of the federal act. Fees shall
682		-	MUST be established as set forth in section 30-20-110.5, C.R.S., and the
683		-	commission shall have no authority to levy additional or duplicative fees
684		-	RULES ADOPTED BY THE COMMISSION PURSUANT TO SECTION 25-8-210.
685		-	SECTION 11. In Colorado Revised Statutes, 30-20-113, amend (9)
686		-	as follows:
687		-	30-20-113. Inspection - enforcement - nuisances - violations -
688		-	civil penalty. (9) Notwithstanding any other provision of this part 1 or part
689		-	10 of this article other than section 30-20-110.5 ARTICLE 20, the processing,
690		-	application, storage, or composting of biosolids or other materials under
691		-	rules promulgated pursuant to section 25-8-205 (1)(e) C.R.S., shall be
692		-	ARE
693		-	excluded from this part 1 and part 10 of this article ARTICLE 20.
694		-	SECTION 12. Effective date. (1) Except as provided in subsection
695		-	(2) of this section, this act takes effect upon passage.
696		-	(2) Section 25-8-205, as amended in section 10 of this act, and
697		-	section 30-20-113, as amended in section 11 of this act, take effect July 1,
698		-	2026.
699		-	SECTION 13. Safety clause. The general assembly hereby finds,
700		-	PAGE 16-SENATE BILL 23-274 determines, and declares that this act is necessary for the immediate
701		-	preservation of the public peace, health, or safety.
702		-	____________________________ ____________________________
703		-	Steve Fenberg
704		-	Julie McCluskie
705		-	PRESIDENT OF SPEAKER OF THE HOUSE
706		-	THE SENATE OF REPRESENTATIVES
707		-	____________________________ ____________________________
708		-	Cindi L. Markwell Robin Jones
709		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
710		-	THE SENATE OF REPRESENTATIVES
711		-	APPROVED________________________________________
712		-	(Date and Time)
713		-	_________________________________________
714		-	Jared S. Polis
715		-	GOVERNOR OF THE STATE OF COLORADO
716		-	PAGE 17-SENATE BILL 23-274
	714	+	HIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2026.23
	715	+	SECTION 10. In Colorado Revised Statutes, 25-8-205, amend24
	716	+	(1)(e) as follows:25
	717	+	25-8-205. Control regulations. (1) The commission may26
	718	+	promulgate control regulations for the following purposes:27
	719	+	274
	720	+	-19- (e) To describe requirements, prohibitions, standards, and1
	721	+	concentration limitations on the use and disposal of biosolids to protect2
	722	+	public health and to prevent the discharge of pollutants into state waters,3
	723	+	except as authorized by permit. The commission requirements described4
	724	+	pursuant to this paragraph (e) shall be no SUBSECTION (1)(e) MUST NOT BE5
	725	+	more restrictive than the requirements adopted for solid wastes disposal6
	726	+	sites and facilities pursuant to part 1 of article 20 of title 30, C.R.S.,7
	727	+	except as necessary to be consistent with section 405 of the federal act.8
	728	+	Fees shall MUST be established as set forth in section 30-20-110.5, C.R.S.,9
	729	+	and the commission shall have no authority to levy additional or10
	730	+	duplicative fees RULES ADOPTED BY THE COMMISSION PURSUANT TO11
	731	+	SECTION 25-8-210.12
	732	+	SECTION 11. In Colorado Revised Statutes, 30-20-113, amend13
	733	+	(9) as follows:14
	734	+	30-20-113. Inspection - enforcement - nuisances - violations -15
	735	+	civil penalty. (9) Notwithstanding any other provision of this part 1 or16
	736	+	part 10 of this article other than section 30-20-110.5 ARTICLE 20, the17
	737	+	processing, application, storage, or composting of biosolids or other18
	738	+	materials under rules promulgated pursuant to section 25-8-205 (1)(e)19
	739	+	C.R.S., shall be ARE excluded from this part 1 and part 10 of this article20
	740	+	ARTICLE 20.21
	741	+	22
	742	+	SECTION 12. Effective date. (1) Except as provided in23
	743	+	subsection (2) of this section, this act takes effect upon passage.24
	744	+	(2) Section 25-8-205, as amended in section 10 of this act, and25
	745	+	section 30-20-113, as amended in section 11 of this act, take effect July26
	746	+	1, 2026.27
	747	+	274
	748	+	-20- SECTION 13. Safety clause. The general assembly hereby finds,1
	749	+	determines, and declares that this act is necessary for the immediate2
	750	+	preservation of the public peace, health, or safety.3
	751	+	274
	752	+	-21-