Colorado 2024 Regular Session

Colorado House Bill HB1062 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second 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. 24-0834.01 Jessica Herrera x4218
1	8		HOUSE BILL 24-1062
2		-	BY REPRESENTATIVE(S) Evans and Titone, Amabile, Bird, Duran,
3		-	Froelich, Joseph, Kipp, Lindsay, Marshall, Parenti, Rutinel, Snyder, Valdez,
4		-	Willford;
5		-	also SENATOR(S) Priola and Gardner, Jaquez Lewis.
	9	+	House Committees Senate Committees
	10	+	Energy & Environment Local Government & Housing
	11	+	A BILL FOR AN ACT
6	12		C
7		-	ONCERNING ADMINISTRATIVE INSPECTION WARRANTS FOR A
8		-	METROPOLITAN SEWAGE DISPOSAL DISTRICT
9		-	.
10		-
11		-	Be it enacted by the General Assembly of the State of Colorado:
12		-	SECTION 1. In Colorado Revised Statutes, 32-4-510, add (1)(jj)
13		-	as follows:
14		-	32-4-510. Powers of the district. (1) Any district has the following
15		-	powers:
	13	+	ONCERNING ADMINISTRATIVE INSPECTION WARRANTS FOR A101
	14	+	METROPOLITAN SEWAGE DISPOSAL DISTRICT .102
	15	+	Bill Summary
	16	+	(Note: This summary applies to this bill as introduced and does
	17	+	not reflect any amendments that may be subsequently adopted. If this bill
	18	+	passes third reading in the house of introduction, a bill summary that
	19	+	applies to the reengrossed version of this bill will be available at
	20	+	http://leg.colorado.gov
	21	+	.)
	22	+	To protect public health and the environment, a metropolitan
	23	+	sewage disposal district (district) is required to ensure that wastewater
	24	+	generated by local businesses is properly treated pursuant to the industrial
	25	+	pretreatment program (program) approved by the environmental
	26	+	protection agency. This requires district inspectors to inspect certain
	27	+	SENATE
	28	+	3rd Reading Unamended
	29	+	March 25, 2024
	30	+	SENATE
	31	+	2nd Reading Unamended
	32	+	March 22, 2024
	33	+	HOUSE
	34	+	3rd Reading Unamended
	35	+	February 6, 2024
	36	+	HOUSE
	37	+	2nd Reading Unamended
	38	+	February 5, 2024
	39	+	HOUSE SPONSORSHIP
	40	+	Evans and Titone, Amabile, Bird, Duran, Froelich, Joseph, Kipp, Lindsay, Marshall,
	41	+	Parenti, Rutinel, Snyder, Valdez, Willford
	42	+	SENATE SPONSORSHIP
	43	+	Priola and Gardner, Jaquez Lewis
	44	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	45	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	46	+	Dashes through the words or numbers indicate deletions from existing law. properties to investigate actual, suspected, or potential violations of the
	47	+	program. Under current law, the boundaries of a district may exist within
	48	+	multiple municipal and county lines, which makes it challenging for the
	49	+	district to obtain administrative inspection warrants when property
	50	+	owners deny district inspectors entry to a property. The bill allows
	51	+	authorized inspectors of a district to enter and inspect, in a reasonable
	52	+	time and manner, any property for the purpose of investigating any
	53	+	violations of the program. If an inspection is denied, the bill authorizes
	54	+	a district to obtain a warrant from the district court or county court upon
	55	+	a proper showing of the need for entry and inspection.
	56	+	Be it enacted by the General Assembly of the State of Colorado:1
	57	+	SECTION 1. In Colorado Revised Statutes, 32-4-510, add (1)(jj)2
	58	+	as follows:3
	59	+	32-4-510. Powers of the district. (1) Any district has the4
	60	+	following powers:5
16	61		(jj) (I) F
17		-	OR AUTHORIZED INSPECTORS OF THE DISTRICT , UPON
18		-	PRESENTATION OF PROPER CREDENTIALS
19		-	, TO ENTER AND INSPECT AT ANY
20		-	REASONABLE TIME AND IN A REASONABLE MANNER
21		-	, ANY PROPERTY,
22		-	PREMISES, OR PLACE FOR THE PURPOSE OF INVESTIGATING ANY ACTUAL ,
23		-	SUSPECTED, OR POTENTIAL VIOLATIONS OF THE ENVIRONMENTAL
24		-	PROTECTION AGENCY
25		-	'S APPROVED INDUSTRIAL PRETREATMENT PROGRAM
26		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
27		-	officers and the Governor. To determine whether the Governor has signed the bill
28		-	or taken other action on it, please consult the legislative status sheet, the legislative
29		-	history, or the Session Laws.
30		-	________
31		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
32		-	through words or numbers indicate deletions from existing law and such material is not part of
33		-	the act. PURSUANT TO 40 CFR 403. THE INSPECTORS MAY OBTAIN SAMPLES OF
34		-	WASTEWATER
35		-	. THE DISTRICT MAY FURNISH A COPY OF THE RESULTS OF ANY
36		-	ANALYSIS OF THE SAMPLE TO THE OWNER
37		-	, OPERATOR, OR PERSON IN CHARGE
38		-	OF THE PROPERTY
39		-	, PREMISES, OR PLACE.
	62	+	OR AUTHORIZED INSPECTORS OF THE DISTRICT , UPON6
	63	+	PRESENTATION OF PROPER CREDENTIALS , TO ENTER AND INSPECT AT ANY7
	64	+	REASONABLE TIME AND IN A REAS ONABLE MANNER , ANY PROPERTY,8
	65	+	PREMISES, OR PLACE FOR THE PURPOSE OF INVESTIGATING ANY ACTUAL ,9
	66	+	SUSPECTED, OR POTENTIAL VIOLATIONS OF THE ENVIRONMENTAL10
	67	+	PROTECTION AGENCY'S APPROVED INDUSTRIAL PRETREATMENT PROGRAM11
	68	+	PURSUANT TO 40 CFR 403. THE INSPECTORS MAY OBTAIN SAMPLES OF12
	69	+	WASTEWATER. THE DISTRICT MAY FURNISH A COPY OF THE RESULTS OF13
	70	+	ANY ANALYSIS OF THE SAMPLE TO THE OWNER , OPERATOR, OR PERSON IN14
	71	+	CHARGE OF THE PROPERTY, PREMISES, OR PLACE.15
40	72		(II) I
41		-	F THE OWNER, OPERATOR, OR PERSON IN CHARGE OF ANY
42		-	PROPERTY
43		-	, PREMISES, OR PLACE DENIES ENTRY OR INSPECTION, THE DISTRICT
44		-	MAY OBTAIN FROM THE DISTRICT COURT OR COUNTY COURT FOR THE
45		-	JUDICIAL DISTRICT OR COUNTY IN WHICH SUCH PROPERTY
46		-	, PREMISES, OR
47		-	PLACE IS LOCATED
48		-	, A WARRANT TO ENTER AND INSPECT THE PROPERTY ,
49		-	PREMISES, OR PLACE. THE DISTRICT COURTS AND COUNTY COURTS OF THE
50		-	STATE MAY ISSUE A WARRANT AS SPECIFIED IN THIS SUBSECTION
51		-	(1)(jj)(II)
52		-	UPON A DISTRICT'S PROPER SHOWING OF THE NEED FOR ENTRY AND
53		-	INSPECTION
54		-	.
55		-	SECTION 2. Act subject to petition - effective date. This act
56		-	takes effect at 12:01 a.m. on the day following the expiration of the
57		-	ninety-day period after final adjournment of the general assembly; except
58		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
59		-	of the state constitution against this act or an item, section, or part of this act
60		-	within such period, then the act, item, section, or part will not take effect
61		-	unless approved by the people at the general election to be held in
62		-	PAGE 2-HOUSE BILL 24-1062 November 2024 and, in such case, will take effect on the date of the official
63		-	declaration of the vote thereon by the governor.
64		-	____________________________ ____________________________
65		-	Julie McCluskie Steve Fenberg
66		-	SPEAKER OF THE HOUSE PRESIDENT OF
67		-	OF REPRESENTATIVES THE SENATE
68		-	____________________________ ____________________________
69		-	Robin Jones Cindi L. Markwell
70		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
71		-	OF REPRESENTATIVES THE SENATE
72		-	APPROVED________________________________________
73		-	(Date and Time)
74		-	_________________________________________
75		-	Jared S. Polis
76		-	GOVERNOR OF THE STATE OF COLORADO
77		-	PAGE 3-HOUSE BILL 24-1062
	73	+	F THE OWNER, OPERATOR, OR PERSON IN CHARGE OF ANY16
	74	+	PROPERTY, PREMISES, OR PLACE DENIES ENTRY OR INSPECTION , THE17
	75	+	DISTRICT MAY OBTAIN FROM THE DISTRICT COURT OR COUNTY COURT FOR18
	76	+	THE JUDICIAL DISTRICT OR COUNTY IN WHICH SUCH PROPERTY , PREMISES,19
	77	+	OR PLACE IS LOCATED, A WARRANT TO ENTER AND INSPECT THE PROPERTY ,20
	78	+	1062-2- PREMISES, OR PLACE. THE DISTRICT COURTS AND COUNTY COURTS OF THE1
	79	+	STATE MAY ISSUE A WARRANT AS SPECIFIED IN THIS SUBSECTION (1)(jj)(II)2
	80	+	UPON A DISTRICT'S PROPER SHOWING OF THE NEED FOR ENTRY AND3
	81	+	INSPECTION.4
	82	+	SECTION 2. Act subject to petition - effective date. This act5
	83	+	takes effect at 12:01 a.m. on the day following the expiration of the6
	84	+	ninety-day period after final adjournment of the general assembly; except7
	85	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V8
	86	+	of the state constitution against this act or an item, section, or part of this9
	87	+	act within such period, then the act, item, section, or part will not take10
	88	+	effect unless approved by the people at the general election to be held in11
	89	+	November 2024 and, in such case, will take effect on the date of the12
	90	+	official declaration of the vote thereon by the governor.13
	91	+	1062
	92	+	-3-