Colorado 2024 Regular Session

Colorado House Bill HB1141 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Second Regular Session
2	2	Seventy-fourth General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 24-0858.01 Rebecca Bayetti x4348
8	8	HOUSE BILL 24-1141
9	9	House Committees Senate Committees
10	10	Energy & Environment
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING LOCAL GOVERNMENT AUTHORITY OVER THE101
14	14	REGULATION OF BURNING IN BURN BARRELS .102
15	15	Bill Summary
16	16	(Note: This summary applies to this bill as introduced and does
17	17	not reflect any amendments that may be subsequently adopted. If this bill
18	18	passes third reading in the house of introduction, a bill summary that
19	19	applies to the reengrossed version of this bill will be available at
20	20	http://leg.colorado.gov
21	21	.)
22	22	The bill clarifies that local governments, rather than the air quality
23	23	control commission or the department of public health and environment,
24	24	control the regulation of burning in burn barrels. Burning in burn barrels
25	25	is permitted as regulated by or unless prohibited by the local government.
26	26	HOUSE SPONSORSHIP
27	27	Winter T.,
28	28	SENATE SPONSORSHIP
29	29	Pelton R.,
30	30	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
31	31	Capital letters or bold & italic numbers indicate new material to be added to existing law.
32	32	Dashes through the words or numbers indicate deletions from existing law. Be it enacted by the General Assembly of the State of Colorado:1
33	33	SECTION 1. In Colorado Revised Statutes, 25-7-109, add (8)(c)2
34	34	as follows:3
35	35	25-7-109. Commission to promulgate emission control4
36	36	regulations - definition. (8) (c) N
37	37	OTWITHSTANDING SUBSECTION (2)(c)5
38	38	OF THIS SECTION OR ANY OTHER PROVISION OF THIS SECTION , BURNING IN6
39	39	BURN BARRELS IS NOT OPEN BURNING , AND THE COMMISSION SHALL NOT7
40	40	REGULATE BURNING IN BURN BARRELS , WHICH IS PERMITTED, UNLESS8
41	41	PROHIBITED BY A LOCAL GOVERNMENT , AS REGULATED BY A LOCAL9
42	42	GOVERNMENT PURSUANT TO SECTIONS 25-7-128, 30-15-401, AND10
43	43	30-20-110.
44	44	AS USED IN THIS SECTION, "LOCAL GOVERNMENT " MEANS A11
45	45	HOME RULE OR STATUTORY COUNTY , CITY AND COUNTY , OR12
46	46	MUNICIPALITY.13
47	47	SECTION 2. In Colorado Revised Statutes, 25-7-123, add14
48	48	(1)(b.5) as follows:15
49	49	25-7-123. Open burning - penalties - definition.16
50	50	(1) (b.5) B
51	51	URNING IN BURN BARRELS IS NOT OPEN BURNING, IS PERMITTED17
52	52	UNLESS PROHIBITED BY A LOCAL GOVERNMENT , AND MAY BE REGULATED18
53	53	ONLY BY A LOCAL GOVERNMENT PURSUANT TO SECTIONS 25-7-128,19
54	54	30-15-401,
55	55	AND 30-20-110. BURNING IN BURN BARRELS DOES NOT20
56	56	CONSTITUTE OPERATION OF AN INCINERATOR . AS USED IN THIS SECTION,21
57	57	"
58	58	LOCAL GOVERNMENT " MEANS A HOME RULE OR STATUTORY COUNTY ,22
59	59	CITY AND COUNTY, OR MUNICIPALITY.23
60	60	SECTION 3. In Colorado Revised Statutes, 25-7-128, amend (1)24
61	61	as follows:25
62	62	25-7-128. Local government - authority - penalty.26
63	63	(1) (a) Home rule cities, cities, towns, counties, and cities and counties27
64	64	HB24-1141
65	65	-2- are hereby authorized to enact local air pollution resolutions or1
66	66	ordinances. Every such resolution or ordinance shall MUST provide for2
67	67	hearings, judicial review, and injunctions consistent with sections3
68	68	25-7-118 to 25-7-121 and shall include emission control regulations4
69	69	which are at least the same as, or may be more restrictive than, the5
70	70	emission control regulations adopted pursuant to this article; except that:6
71	71	(I) Nothing in this article shall prohibit ARTICLE 7 PROHIBITS any7
72	72	such local law from controlling any air pollution or air pollution source8
73	73	which is not subject to control under the provisions of this article; and9
74	74	except that10
75	75	(II) No permit issued under any local air pollution law with11
76	76	respect to any facility, activity, or process shall ever be construed to12
77	77	relieve RELIEVES any holder thereof from the duty to maintain such13
78	78	facility, activity, or process in compliance with the emission standards14
79	79	and emission control regulations adopted pursuant to this article nor to15
80	80	relieve OR RELIEVES the division from its duty to enforce such emission16
81	81	standards and emission control regulations with respect to such facility,17
82	82	activity, or process;
83	83	AND18
84	84	(III) L
85	85	OCAL GOVERNMENT REGULATIONS , RATHER THAN THOSE19
86	86	ADOPTED PURSUANT TO THIS ARTICLE 7 BY THE COMMISSION OR THE20
87	87	DIVISION, CONTROL BURNING IN BURN BARRELS . UNLESS PROHIBITED BY21
88	88	A LOCAL GOVERNMENT , BURNING IN BURN BARRELS IS PERMITTED AS22
89	89	REGULATED BY A LOCAL GOVERNMENT PURSUANT TO THIS SECTION AND23
90	90	SECTIONS 30-15-401 AND 30-20-110.24
91	91	(b) Any local air pollution standards or regulations submitted and25
92	92	approved as revisions to the state implementation plan shall be enforced26
93	93	as such by the division. In order to assure coordination of efforts to27
94	94	HB24-1141
95	95	-3- control and abate air pollution, local governmental entities are encouraged1
96	96	to submit their adopted plans and regulations as revisions to the state2
97	97	implementation plan for Colorado.3
98	98	SECTION 4. In Colorado Revised Statutes, 30-15-401, add4
99	99	(1)(n.5)(II.5) as follows:5
100	100	30-15-401. General regulations - definitions. (1) In addition to6
101	101	those powers granted by sections 30-11-101 and 30-11-107 and by parts7
102	102	1, 2, and 3 of this article 15, the board of county commissioners may8
103	103	adopt ordinances for control or licensing of those matters of purely local9
104	104	concern that are described in the following enumerated powers:10
105	105	(n.5) (II.5) T
106	106	O ALLOW FOR AND REGULATE BURNING IN BURN11
107	107	BARRELS.12
108	108	SECTION 5. In Colorado Revised Statutes, 30-20-110, amend13
109	109	(3) as follows:14
110	110	30-20-110. Minimum standards. (3) As used in subsection (2)15
111	111	of this section, "noncommercial burning of trash" includes the burning of16
112	112	wood waste in wigwam wood waste burners
113	113	AND BURNING IN BURN17
114	114	BARRELS.18
115	115	SECTION 6. Safety clause. The general assembly finds,19
116	116	determines, and declares that this act is necessary for the immediate20
117	117	preservation of the public peace, health, or safety or for appropriations for21
118	118	the support and maintenance of the departments of the state and state22
119	119	institutions.23
120	120	HB24-1141
121	121	-4-