Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0858.01 Rebecca Bayetti x4348
HOUSE BILL 24-1141
House Committees Senate Committees
Energy & Environment
A BILL FOR AN ACT
C
ONCERNING LOCAL GOVERNMENT AUTHORITY OVER THE101
REGULATION OF BURNING IN BURN BARRELS .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 bill clarifies that local governments, rather than the air quality
control commission or the department of public health and environment,
control the regulation of burning in burn barrels. Burning in burn barrels
is permitted as regulated by or unless prohibited by the local government.
HOUSE SPONSORSHIP
Winter T.,
SENATE SPONSORSHIP
Pelton R.,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 25-7-109, add (8)(c)2
as follows:3
25-7-109. Commission to promulgate emission control4
regulations - definition. (8) (c) N
OTWITHSTANDING SUBSECTION (2)(c)5
OF THIS SECTION OR ANY OTHER PROVISION OF THIS SECTION , BURNING IN6
BURN BARRELS IS NOT OPEN BURNING , AND THE COMMISSION SHALL NOT7
REGULATE BURNING IN BURN BARRELS , WHICH IS PERMITTED, UNLESS8
PROHIBITED BY A LOCAL GOVERNMENT , AS REGULATED BY A LOCAL9
GOVERNMENT PURSUANT TO SECTIONS 25-7-128, 30-15-401, AND10
30-20-110.
AS USED IN THIS SECTION, "LOCAL GOVERNMENT " MEANS A11
HOME RULE OR STATUTORY COUNTY , CITY AND COUNTY , OR12
MUNICIPALITY.13
SECTION 2. In Colorado Revised Statutes, 25-7-123, add14
(1)(b.5) as follows:15
25-7-123. Open burning - penalties - definition.16
(1) (b.5) B
URNING IN BURN BARRELS IS NOT OPEN BURNING, IS PERMITTED17
UNLESS PROHIBITED BY A LOCAL GOVERNMENT , AND MAY BE REGULATED18
ONLY BY A LOCAL GOVERNMENT PURSUANT TO SECTIONS 25-7-128,19
30-15-401,
AND 30-20-110. BURNING IN BURN BARRELS DOES NOT20
CONSTITUTE OPERATION OF AN INCINERATOR . AS USED IN THIS SECTION,21
"
LOCAL GOVERNMENT " MEANS A HOME RULE OR STATUTORY COUNTY ,22
CITY AND COUNTY, OR MUNICIPALITY.23
SECTION 3. In Colorado Revised Statutes, 25-7-128, amend (1)24
as follows:25
25-7-128. Local government - authority - penalty.26
(1) (a) Home rule cities, cities, towns, counties, and cities and counties27
HB24-1141
-2- are hereby authorized to enact local air pollution resolutions or1
ordinances. Every such resolution or ordinance shall MUST provide for2
hearings, judicial review, and injunctions consistent with sections3
25-7-118 to 25-7-121 and shall include emission control regulations4
which are at least the same as, or may be more restrictive than, the5
emission control regulations adopted pursuant to this article; except that:6
(I) Nothing in this article shall prohibit ARTICLE 7 PROHIBITS any7
such local law from controlling any air pollution or air pollution source8
which is not subject to control under the provisions of this article; and9
except that10
(II) No permit issued under any local air pollution law with11
respect to any facility, activity, or process shall ever be construed to12
relieve RELIEVES any holder thereof from the duty to maintain such13
facility, activity, or process in compliance with the emission standards14
and emission control regulations adopted pursuant to this article nor to15
relieve OR RELIEVES the division from its duty to enforce such emission16
standards and emission control regulations with respect to such facility,17
activity, or process;
AND18
(III) L
OCAL GOVERNMENT REGULATIONS , RATHER THAN THOSE19
ADOPTED PURSUANT TO THIS ARTICLE 7 BY THE COMMISSION OR THE20
DIVISION, CONTROL BURNING IN BURN BARRELS . UNLESS PROHIBITED BY21
A LOCAL GOVERNMENT , BURNING IN BURN BARRELS IS PERMITTED AS22
REGULATED BY A LOCAL GOVERNMENT PURSUANT TO THIS SECTION AND23
SECTIONS 30-15-401 AND 30-20-110.24
(b) Any local air pollution standards or regulations submitted and25
approved as revisions to the state implementation plan shall be enforced26
as such by the division. In order to assure coordination of efforts to27
HB24-1141
-3- control and abate air pollution, local governmental entities are encouraged1
to submit their adopted plans and regulations as revisions to the state2
implementation plan for Colorado.3
SECTION 4. In Colorado Revised Statutes, 30-15-401, add4
(1)(n.5)(II.5) as follows:5
30-15-401. General regulations - definitions. (1) In addition to6
those powers granted by sections 30-11-101 and 30-11-107 and by parts7
1, 2, and 3 of this article 15, the board of county commissioners may8
adopt ordinances for control or licensing of those matters of purely local9
concern that are described in the following enumerated powers:10
(n.5) (II.5) T
O ALLOW FOR AND REGULATE BURNING IN BURN11
BARRELS.12
SECTION 5. In Colorado Revised Statutes, 30-20-110, amend13
(3) as follows:14
30-20-110. Minimum standards. (3) As used in subsection (2)15
of this section, "noncommercial burning of trash" includes the burning of16
wood waste in wigwam wood waste burners
AND BURNING IN BURN17
BARRELS.18
SECTION 6. Safety clause. The general assembly finds,19
determines, and declares that this act is necessary for the immediate20
preservation of the public peace, health, or safety or for appropriations for21
the support and maintenance of the departments of the state and state22
institutions.23
HB24-1141
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