Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0251.03 Jason Gelender x4330
HOUSE BILL 24-1235
House Committees Senate Committees
Transportation, Housing & Local Government
A BILL FOR AN ACT
C
ONCERNING MEASURES TO REDUCE THE IMPACT OF AVIATION ON101
SURROUNDING COMMUNITIES .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
.)
Section 3 of the bill creates a state income tax credit for owners of
aircraft that incur qualified expenses to enable an aircraft that is powered
by leaded aviation gasoline to be certified to instead be powered by
unleaded aviation gasoline. Sections 4 and 8 provide explicit authority
in the existing state aviation grant program (grant program) for aviation
fund (fund) grants to general aviation airports and commercial airports at
HOUSE SPONSORSHIP
Brown and Bird, Amabile, Clifford, Hernandez, Kipp, Lindstedt, Parenti, Weissman,
Willford, Woodrow
SENATE SPONSORSHIP
Fenberg and Zenzinger,
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. which there is significant general aviation activity to fund the design,
engineering, construction, installation, acquisition, and inspection of
infrastructure, including equipment, that allows the sale of unleaded
aviation gasoline at such airports and to subsidize purchases of unleaded
aviation gasoline at such airports.
Section 6 increases the Colorado aeronautical board (board) from
7 to 9 voting members by requiring the appointment of 2 members who
are residents of communities that are affected by general aviation airport
traffic or traffic at a commercial airport at which there is significant
general aviation activity and makes the executive director of the
department of public health and environment (CDPHE), or the executive
director's designee, an ex officio nonvoting member of the board. In
appointing the 2 new voting members, the governor is required to give
priority to individuals who are not trained pilots and who reside directly
in the predominant flight path of a high-traffic general aviation airport or
a commercial airport at which there is significant general aviation activity
and in an area that has a population density of more than 3,000
individuals per square mile.
Section 8 requires prioritization of grant program grants to general
aviation airports or commercial airports at which there is significant
general aviation activity, as determined by the division of aeronautics
(division), in urban or suburban areas that use a predominant flight
pattern that includes a county or municipality that has a population
density of more than 3,000 individuals per square mile.
Section 8 also prohibits money from being expended from the
fund for an airport that the division has identified as being located in a
densely populated residential area or as having a significant number of
flights over a densely populated residential area unless the airport or
entity operating the airport demonstrates to the satisfaction of the division
that:
! By January 1, 2026, it has adopted a plan for phasing out
sales of leaded aviation gasoline at the airport;
! It has voluntarily established and enforces an effective
noise mitigation plan in accordance with specified criteria,
requirements, or guidelines that the division is required to
develop; and
! It complies with the requirements of any avigation
easements or contracts that it has entered into.
However, the limitation on the expenditure of money from the fund does
not apply to money expended for an aviation project that is determined by
the division to be designed and intended to mitigate significant adverse
impacts on the health, safety, and welfare of individuals who reside near
the airport at which the aviation project will be completed. Section 7
imposes similar limitations on certain federal money that the state may
apply to receive for aviation purposes.
HB24-1235
-2- Section 9 requires the division and CDPHE to work together to
evaluate, prevent, and mitigate the adverse impacts of aircraft noise and
the use of leaded aviation gasoline on public health, safety, and welfare
and specifies prioritization and other minimum requirements for the
mitigation activities.
Section 9 also creates the unleaded aviation gasoline enterprise in
the aeronautics division of the department of transportation for the
purpose of remediating impacts caused by the use of leaded aviation
gasoline by imposing a leaded aviation gasoline impact remediation fee
on purchases of leaded aviation gasoline and using fee revenue to provide
grants, loans, and rebates to fund infrastructure and programs at general
aviation airports that are designed to increase the use of unleaded aviation
gasoline in lieu of leaded aviation gasoline.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) According to the United States environmental protection4
agency:5
(I) Aircraft that use leaded aviation gasoline are a leading source6
of lead emissions in our air;7
(II) Excessive exposure to lead has many harmful health effects,8
which can include adverse effects on the nervous system, kidney function,9
the immune system, reproductive and developmental systems, the10
cardiovascular system, and the oxygen carrying capacity of blood;11
(III) Exposure to lead can cause irreversible and life-long harmful12
health effects in children; and13
(IV) Elevated lead in the environment can result in decreased14
growth and reproduction in plants and animals, and negative neurological15
effects in vertebrates;16
(b) According to the United States centers for disease control and17
prevention, no level of lead exposure is safe for children, and even low18
HB24-1235-3- levels of lead in their blood are associated with developmental delays,1
learning difficulties, and behavioral issues;2
(c) Peer-reviewed research indicates that children who live near3
general aviation airports and commercial airports at which there is4
significant general aviation activity have elevated levels of lead in their5
blood and that blood lead levels in children under five increase as levels6
of atmospheric lead increase; and7
(d) It is therefore necessary, appropriate, and in the best interest8
of all Coloradans for the state to:9
(I) Provide financial incentives, in the form of an income tax10
credit and a grant program, to reduce the use of leaded aviation gasoline;11
and12
(II) Create the unleaded aviation gasoline enterprise in the13
aeronautics division of the department of transportation for the purpose14
of reducing the use of leaded aviation gasoline and encouraging the use15
of unleaded aviation gasoline by imposing a fee on purchases of leaded16
aviation gasoline and using fee revenue to fund infrastructure needed to17
provide unleaded aviation gasoline at general aviation airports and to18
fund programs at such airports that subsidize the purchase of unleaded19
aviation gasoline or create incentives for the conversion of aircraft that20
have been powered by leaded aviation gasoline to be powered by21
unleaded aviation gasoline.22
SECTION 2. In Colorado Revised Statutes, 39-21-119.5, amend23
(4)(k) and (4)(l); and add (4)(m) as follows:24
39-21-119.5. Mandatory electronic filing of returns -25
mandatory electronic payment - penalty - waiver - definitions.26
(4) Except as provided in subsection (6) of this section, on and after27
HB24-1235
-4- August 2, 2019, electronic filing of returns and the payment of any tax or1
fee by electronic funds transfer is required for the following:2
(k) Any clean fleet per ride fee and air pollution mitigation per3
ride fee return required to be filed and payment required pursuant to4
section 40-10.1-607.5; and5
(l) Any quarterly report for the advance payment of an income tax6
credit required to be filed pursuant to section 39-22-629 (2)(b);
AND7
(m) A
NY LEADED AVIATION GASOLINE IMPACT REMEDIATION FEE8
RETURN REQUIRED TO BE FILED PURSUANT TO SECTION 43-10-119 (5).9
SECTION 3. In Colorado Revised Statutes, add 39-22-560 as10
follows:11
39-22-560. Tax credit for certification of aircraft to use12
unleaded aviation gasoline - tax preference performance statement13
- review - legislative declaration - definitions - repeal. (1) (a) I
N14
ACCORDANCE WITH SECTION 39-21-304 (1), WHICH REQUIRES EACH BILL15
THAT CREATES A NEW TAX EXPENDITURE TO INCLUDE A TAX PREFERENCE16
PERFORMANCE STATEMENT AS PART OF A STATUTORY LEGISLATIVE17
DECLARATION, THE GENERAL ASSEMBLY FINDS AND DECLARES THAT THE18
PURPOSE OF THE TAX CREDIT PROVIDED IN THIS SECTION IS TO INDUCE19
CERTAIN DESIGNATED BEHAVIOR BY TAXPAYERS , SPECIFICALLY THE20
MODIFICATION OF AIRCRAFT THAT ARE POWERED BY LEADED AVIATION21
GASOLINE SO THAT SUCH AIRCRAFT CAN BE CERTIFIED TO BE POWERED BY22
UNLEADED AVIATION GASOLINE AND NO LONGER USE LEADED AVIATION23
GASOLINE.24
(b) T
HE GENERAL ASSEMBLY AND THE STATE AUDITOR SHALL25
MEASURE THE EFFECTIVENESS OF THE CREDIT IN ACHIEVING THE PURPOSE26
SPECIFIED IN SUBSECTION (1)(a) OF THIS SECTION BASED ON THE NUMBER27
HB24-1235
-5- OF CREDITS CLAIMED.1
(2) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE2
REQUIRES:3
(a) "A
IRCRAFT" HAS THE SAME MEANING AS SET FORTH IN SECTION4
43-10-102
(1).5
(b) "A
VIATION GASOLINE" MEANS GASOLINE-BASED FUEL THAT IS6
USED TO POWER AN AIRCRAFT.7
(c) "L
EADED AVIATION GASOLINE" MEANS AVIATION GASOLINE8
THAT CONTAINS LEAD AND INCLUDES AVGAS 100 AND AVGAS 100LL.9
(d) "Q
UALIFYING AIRCRAFT" MEANS AN AIRCRAFT THAT HAS BEEN10
POWERED BY LEADED AVIATION GASOLINE AND FOR WHICH A11
SUPPLEMENTAL TYPE CERTIFICATE THAT APPROVES THE COMPLETED12
MODIFICATION OF THE AIRCRAFT TO BE POWERED BY UNLEADED AVIATION13
GASOLINE HAS BEEN ISSUED.14
(e) "Q
UALIFYING EXPENSES" MEANS ANY ACTUAL OUT-OF-POCKET15
EXPENSES INCURRED AND PAID BY A QUALIFYING TAXPAYER FOR THE16
PURPOSE OF MODIFYING AN AIRCRAFT IN THIS STATE SO THAT IT IS A17
QUALIFYING AIRCRAFT.18
(f) "Q
UALIFYING TAXPAYER" MEANS A PERSON SUBJECT TO TAX19
UNDER THIS ARTICLE 22 WHO IS THE OWNER OF AN AIRCRAFT AS20
INDICATED ON THE AIRCRAFT REGISTRY MAINTAINED BY THE FEDERAL21
AVIATION ADMINISTRATION.22
(g) "S
UPPLEMENTAL TYPE CERTIFICATE " MEANS A TYPE23
CERTIFICATE ISSUED BY THE FEDERAL AVIATION ADMINISTRATION TO AN24
APPLICANT THAT HAS MODIFIED AN AERONAUTICAL PRODUCT FROM ITS25
ORIGINAL DESIGN WITH FEDERAL AVIATION ADMINISTRATION APPROVAL .26
(h) "U
NLEADED AVIATION GASOLINE" MEANS AVIATION GASOLINE27
HB24-1235
-6- THAT DOES NOT INCLUDE LEAD AND INCLUDES AVGAS G100UL.1
(3) F
OR ANY INCOME TAX YEAR COMMENCING ON OR AFTER2
J
ANUARY 1, 2025, BUT BEFORE JANUARY 1, 2030, A QUALIFYING3
TAXPAYER WHO INCURS QUALIFYING EXPENSES IS ALLOWED A CREDIT4
AGAINST THE INCOME TAXES IMPOSED BY THIS ARTICLE 22 IN THE TAX5
YEAR IN WHICH THE QUALIFYING AI RCRAFT IS PLACED INTO SERVICE IN6
THIS STATE IN AN AMOUNT EQUAL TO FIFTY PERCENT OF ALL QUALIFYING7
EXPENSES INCURRED; EXCEPT THAT THE MAXIMUM AMOUNT OF THE8
CREDIT THAT MAY BE CLAIMED FOR QUALIFYING EXPENSES INCURRED IN9
MODIFYING ANY ONE AIRCRAFT IS FIVE HUNDRED DOLLARS .10
(4) I
F THE AMOUNT OF A CREDIT AUTHORIZED BY THIS SECTION11
EXCEEDS THE AMOUNT OF INCOME TAXES OTHERWISE DUE ON THE INCOME12
OF THE QUALIFYING TAXPAYER CLAIMING THE CREDIT IN THE INCOME TAX13
YEAR FOR WHICH THE CREDIT IS BEING CLAIMED , THE AMOUNT OF THE14
CREDIT NOT USED AS AN OFFSET AGAINST INCOME TAXES IN THAT INCOME15
TAX YEAR MAY BE CARRIED FORWARD AS A CREDIT AGAINST SUBSEQUENT16
YEARS' INCOME TAX LIABILITY FOR A PERIOD NOT EXCEEDING FIVE YEARS17
AND MUST BE APPLIED FIRST TO THE EARLIEST INCOME TAX YEARS18
POSSIBLE. ANY CREDIT REMAINING AFTER THE PERIOD MAY NOT BE19
REFUNDED OR CREDITED TO THE QUALIFYING TAXPAYER .20
(5) T
HIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2039.21
SECTION 4. In Colorado Revised Statutes, 43-10-102, amend22
the introductory portion and (3)(a)(VII); and add (3)(a)(IX), (3)(a)(X),23
and (3)(a)(XI) as follows:24
43-10-102. Definitions. As used in this article
ARTICLE 10, unless25
the context otherwise requires:26
(3) (a) "Aviation purposes" means any objective that provides27
HB24-1235
-7- direct and indirect benefits to the state aviation system and includes, but1
is not limited to:2
(VII) Any acquisition of land, of any interest therein, or of any3
easement through or other interest in airspace, including land for future4
airport development, which is necessary to permit any such work or to5
remove, mitigate, prevent, or limit the establishment of any hazard to the6
safe operation of aircraft; and7
(IX) D
ESIGN, ENGINEERING, CONSTRUCTION, INSTALLATION,8
ACQUISITION, AND INSPECTION OF INFRASTRUCTURE , INCLUDING9
EQUIPMENT, THAT WILL ALLOW THE SALE OF UNLEADED AVIATION10
GASOLINE AT A GENERAL AVIATION AIRPORT OR AT A COMMERCIAL11
AIRPORT AT WHICH THERE IS , AS DETERMINED BY THE DIVISION ,12
SIGNIFICANT GENERAL AVIATION ACTIVITY ;13
(X) S
UBSIDIZATION OF UNLEADED AVIATION GASOLINE AT A14
GENERAL AVIATION AIRPORT OR A COMMERCIAL AIRPORT AT WHICH THERE15
IS SIGNIFICANT GENERAL AVIATION ACTIVITY , AS DETERMINED BY THE16
DIVISION; AND17
(XI) T
HE EVALUATION, PREVENTION, OR MITIGATION OF ADVERSE18
IMPACTS TO THE HEALTH, SAFETY, AND WELFARE OF INDIVIDUALS WHO19
RESIDE OR WORK NEAR AN AIRPORT INCLUDING BUT NOT LIMITED TO THE20
EVALUATION, PREVENTION, OR MITIGATION OF SUCH ADVERSE IMPACTS21
CONDUCTED BY THE DIVISION AND THE DEPARTMENT OF PUBLIC HEALTH22
AND ENVIRONMENT PURSUANT TO SECTION 43-10-118.23
SECTION 5. In Colorado Revised Statutes, 43-10-103, amend24
(2) introductory portion and (2)(k); and add (2)(n) and (2)(o) as follows:25
43-10-103. Division of aeronautics created - duties. (2) The26
division shall provide support for the Colorado aeronautical board in27
HB24-1235
-8- fulfilling its duties. The duties of the division shall also include, but ARE1
not be limited to, the following:2
(k) Publishing information relating to aeronautics in the state; and3
(n) W
ORKING WITH THE DEPARTMENT OF PUBLIC HEALTH AND4
ENVIRONMENT TO EVALUATE , PREVENT, AND MITIGATE THE ADVERSE5
IMPACTS OF AIRCRAFT NOISE AND THE USE OF LEADED AVIATION6
GASOLINE, AS DEFINED IN SECTION 43-10-119 (2)(e), ON PUBLIC HEALTH,7
SAFETY, AND WELFARE AS REQUIRED BY SECTION 43-10-118; AND8
(o) E
DUCATING GENERAL AVIATION AIRPORTS AND COMMERCIAL9
AIRPORTS AT WHICH THERE IS SIGNIFICANT GENERAL AVIATION ACTIVITY ,10
AS DETERMINED BY THE DIVISION, REGARDING:11
(I) T
HE NEED TO EXPEDITE THE TRANSITION FROM LEADED12
AVIATION GASOLINE TO UNLEADED AVIATION GASOLINE ; AND13
(II) T
HE PROVISIONS OF THIS ARTICLE 10, AS AMENDED BY THIS14
H
OUSE BILL 24-____, ENACTED IN 2024, THAT OFFER FUNDING FOR15
PROJECTS AND UNLEADED AVIATION FUEL SUBSIDIES , IF OFFERED BY THE16
DIVISION, THAT SUPPORT THE TRANSITION FROM LEADED AVIATION17
GASOLINE TO UNLEADED AVIATION GASOLINE AND IMPOSE REQUIREMENTS18
FOR ACCESSING THAT FUNDING AND , IF OFFERED, THOSE SUBSIDIES.19
SECTION 6. In Colorado Revised Statutes, 43-10-104, amend20
(1)(b), (1)(f), and (2) as follows:21
43-10-104. Colorado aeronautical board - created. (1) (b) The22
board consists of seven
NINE VOTING members appointed by the governor,23
with the consent of the senate, for terms of three years; except that the24
terms shall MUST be staggered so that no more than three members' terms25
expire in the same year.26
(f) The board shall not conduct any business unless there are at27
HB24-1235
-9- least four FIVE VOTING members of the board present.1
(2) (a) The members of the board shall be chosen as follows2
CONSISTS OF THE FOLLOWING MEMBERS :3
(I) Four members, two from the eastern slope and two from the4
western slope of the state, representing local governments which THAT5
operate airports, which members shall be selected by the governor SHALL6
SELECT from a list of nominees supplied by THOSE local governments;7
(II) T
WO MEMBERS WHO ARE RESIDENTS OF COMMUNITIES THAT8
ARE AFFECTED BY GENERAL AVIATION AIRPORT TRAFFIC OR TRAFFIC AT A9
COMMERCIAL AIRPORT AT WHICH THERE IS SIGNIFICANT GENERAL10
AVIATION ACTIVITY, AS DETERMINED BY THE DIVISION. IN APPOINTING11
THESE MEMBERS, THE GOVERNOR SHALL GIVE PRIORITY TO INDIVIDUALS12
WHO:13
(A) A
RE NOT TRAINED PILOTS; AND14
(B) R
ESIDE DIRECTLY IN THE PREDOMINANT FLIGHT PATH OF A15
HIGH-TRAFFIC GENERAL AVIATION AIRPORT OR COMMERCIAL AIRPORT AT16
WHICH THERE IS SIGNIFICANT GENERAL AVIATION ACTIVITY , AS17
DETERMINED BY THE DIVISION, AND IN AN AREA THAT HAS A POPULATION18
DENSITY OF MORE THAN THREE THOUSAND INDIVIDUALS PER SQUARE MILE ;19
(III) One member representing a statewide association of airport20
managers;21
(IV) One member representing a statewide association of pilots;22
and
23
(V) One member familiar with and supportive of the state's24
aviation issues, interests, and concerns;
AND25
(VI) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC26
HEALTH AND ENVIRONMENT , OR THE EXECUTIVE DIRECTOR'S DESIGNEE,27
HB24-1235
-10- WHO IS AN EX OFFICIO NONVOTING MEMBER OF THE BOARD .1
(b) Appointments shall be made IN ADDITION TO SATISFYING THE2
REQUIREMENTS SET FORTH IN SECTION 24-20-115, THE GOVERNOR SHALL3
MAKE APPOINTMENTS TO THE BOARD so as to insure ENSURE a balance4
broadly representative of the activity level of airports throughout the state5
AND FURTHER ENSURE THAT THE RACIAL , ETHNIC, AND GENDER MAKEUP6
OF THE BOARD IS REPRESENTATIVE OF COMMUNITIES THAT ARE7
DISPROPORTIONATELY IMPACTED BY GENERAL AVIATION AIRPORT TRAFFIC8
OR TRAFFIC AT A COMMERCIAL AIRPORT AT WHICH THERE IS SIGNIFICANT9
GENERAL AVIATION ACTIVITY, AS DETERMINED BY THE DIVISION.10
SECTION 7. In Colorado Revised Statutes, 43-10-105, amend11
(2)(b) introductory portion; and add (2)(c) as follows:12
43-10-105. Duties of the board. (2) (b) Pursuant to section13
47105 (a)(1)(B) of the federal "Revision of Title 49, Transportation", 4914
U.S.C. sec. 40101 et seq., "Subtitle VII - Aviation Programs", Federal15
Public Law 103-272, 108 Stat. 1093,
AND SUBJECT TO THE LIMITATION16
SET FORTH IN SUBSECTION (2)(c) OF THIS SECTION, the board may also17
accept and distribute by contract to local airports federal funds available18
to the state for airport development projects benefitting one or more19
airports or for airport planning projects for one or more airports if the20
following requirements are met:21
(c) T
HE STATE SHALL NOT APPLY FOR FEDERAL FUNDS AS22
OTHERWISE AUTHORIZED BY SUBSECTION (2)(b) OF THIS SECTION FOR AN23
AIRPORT PLANNING OR AIRPORT DEVELOPMENT PROJECT FOR AN AIRPORT24
THAT THE DIVISION HAS IDENTIFIED AS BEING LOCATED IN A DENSELY25
POPULATED RESIDENTIAL AREA OR AS HAVING A SIGNIFICANT NUMBER OF26
FLIGHTS OVER A DENSELY POPULATED RESIDENTIAL AREA , UNLESS THE27
HB24-1235
-11- AIRPORT HAS DEMONSTRATED TO THE SATISFACTION OF THE DIVISION1
THAT IT HAS SATISFIED THE REQUIREMENTS OF SECTION 43-10-108.52
(2)(c). T
HIS LIMITATION DOES NOT APPLY TO AN AIRPORT PLANNING OR3
AIRPORT DEVELOPMENT PROJECT THAT THE DIVISION DETERMINES IS4
DESIGNED AND INTENDED TO MITIGATE SIGNIFICANT ADVERSE IMPACTS ON5
THE HEALTH, SAFETY, AND WELFARE OF INDIVIDUALS WHO RESIDE NEAR6
SUCH AN AIRPORT.7
SECTION 8. In Colorado Revised Statutes, 43-10-108.5, amend8
(2) as follows:9
43-10-108.5. State aviation system grant program - definition.10
(2) (a) E
XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (2)(c) OF THIS11
SECTION, any entity operating an FAA-designated public-use airport may12
apply to the division for a state aviation system grant to be used solely for13
aviation purposes. Applications shall
MUST contain such information as14
may be required by the division and shall be filed in accordance with15
procedures established by the division. In order to be eligible for a grant,16
the applicant must demonstrate, to the satisfaction of the division, that the17
grant shall be used solely for aviation purposes as defined in section18
43-10-102 (3). The division shall evaluate grant applications based upon19
criteria established by the division,
AND CRITERIA SET FORTH IN20
SUBSECTION (2)(b)(I) OF THIS SECTION, and make recommendations to the21
board on the awarding of grants. Any grant proposed by the board shall
22
MUST be submitted to the governor's office for review and23
recommendation prior to a final decision. The governor shall accomplish24
his THE GOVERNOR'S review and recommendation within thirty days of25
submittal of the grant proposal by the board. The board shall make final26
decisions on the awarding of grants subject to the availability of moneys27
HB24-1235
-12- MONEY in the aviation fund created in section 43-10-109. The board shall1
establish procedures to ensure that grants awarded pursuant to the2
provisions of this section are used solely for aviation purposes as required3
by this subsection (2).4
(b) (I) T
HE DIVISION, WHEN EVALUATING GRANT APPLICATIONS5
AND MAKING RECOMMENDATIONS TO THE BOARD AS TO THE AWARDING OF6
GRANTS; THE GOVERNOR'S OFFICE, WHEN REVIEWING REQUESTED GRANTS7
RECOMMENDED BY THE DIVISION MAKING RECOMMENDATIONS REGARDING8
SUCH REQUESTED GRANTS TO THE BOARD ; AND THE BOARD, WHEN9
AWARDING GRANTS, SHALL PRIORITIZE GRANTS TO GENERAL AVIATION10
AIRPORTS AND COMMERCIAL AIRPORTS AT WHICH THERE IS SIGNIFICANT11
GENERAL AVIATION ACTIVITY, AS DETERMINED BY THE DIVISION, IN URBAN12
OR SUBURBAN AREAS THAT USE A PREDOMINANT FLIGHT PATTERN THAT13
INCLUDES A COUNTY OR MUNICIPALITY THAT HAS A POPULATION DENSITY14
OF MORE THAN THREE THOUSAND INDIVIDUALS PER SQUARE MILE .15
(II) A
S USED IN THIS SUBSECTION (2)(b), "GENERAL AVIATION16
AIRPORT" MEANS A GENERAL AVIATION AIRPORT, AS DEFINED IN 49 U.S.C.17
SEC. 47102 (8).18
(c) E
XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (2)(d) OF19
THIS SECTION, MONEY SHALL NOT BE EXPENDED FROM THE FUND FOR A20
GRANT AWARDED PURSUANT TO THIS SECTION OR OTHERWISE TO AN21
AIRPORT THAT THE DIVISION HAS IDENTIFIED AS BEING LOCATED IN A22
DENSELY POPULATED RESIDENTIAL AREA OR AS HAVING A SIGNIFICANT23
NUMBER OF FLIGHTS OVER A DENSELY POPULATED RESIDENTIAL AREA24
UNLESS THE AIRPORT OR ENTITY OPERATING THE AIRPORT DEMONSTRATES25
TO THE SATISFACTION OF THE DIVISION THAT:26
(I) B
Y JANUARY 1, 2026, IT HAS ADOPTED A PLAN FOR PHASING27
HB24-1235
-13- OUT SALES OF LEADED AVIATION GASOLINE , AS DEFINED IN SECTION1
43-10-119 (2)(e),
AT THE AIRPORT;2
(II) I
T HAS ESTABLISHED, IN CONSULTATION WITH FLIGHT SCHOOLS3
AND PILOTS THAT REGULARLY USE THE AIRPORT , AND ENFORCES AN4
EFFECTIVE VOLUNTARY NOISE MITIGAT ION PLAN SO THAT AIRCRAFT NOISE5
IS NOT A SIGNIFICANT PUBLIC NUISANCE AND DOES NOT CAUSE6
SIGNIFICANT ADVERSE IMPACTS TO THE PUBLIC HEALTH , SAFETY, AND7
WELFARE OF INDIVIDUALS RESIDING NEAR THE AIRPORT . THE DIVISION8
SHALL DEVELOP CRITERIA, REQUIREMENTS, OR GUIDELINES FOR THE9
ESTABLISHMENT AND ENFORCEMENT OF EFFECTIVE VOLUNTARY NOISE10
MITIGATION PLANS THAT MUST INCLUDE , AT A MINIMUM:11
(A) P
UBLICATION OF NOISE MITIGATION PLANS AMONG ALL12
AIRPORT OPERATORS;13
(B) R
EQUIRED NOISE MITIGATION PLAN ELEMENTS ;14
(C) S
TEPS TO LIMIT NOISE;15
(D) L
IMITATIONS ON WHEN FLIGHTS MAY DEPART FROM THE16
AIRPORT OR ON THE NUMBER OF FLIGHTS THAT MAY DEPART FROM THE17
AIRPORT WITHIN SPECIFIED PERIODS; AND18
(E) L
IMITATIONS ON THE FREQUENCY OF TOUCH AND GO FLIGHTS19
DURING WHICH AN AIRCRAFT TOUC HES DOWN ON A RUNWAY AND THEN20
IMMEDIATELY ACCELERATES AND TAKES OFF AGAIN WITHOUT STOPPING ;21
AND22
(III) I
T COMPLIES WITH THE REQUIREMENTS OF ANY AVIGATION23
EASEMENTS OR CONTRACTS THAT IT HAS ENTERED INTO .24
(d) T
HE LIMITATION ON THE EXPENDITURE OF MONEY FROM THE25
FUND SET FORTH IN SUBSECTION (2)(c) OF THIS SECTION DOES NOT APPLY26
TO MONEY EXPENDED FOR AN AVIATION PROJECT THAT IS DETERMINED BY27
HB24-1235
-14- THE DIVISION TO BE DESIGNED AND INTENDED TO MITIGATE SIGNIFICANT1
ADVERSE IMPACTS ON THE HEALTH , SAFETY, AND WELFARE OF2
INDIVIDUALS WHO RESIDE NEAR THE AIRPORT AT WHICH THE AVIATION3
PROJECT WILL BE COMPLETED.4
SECTION 9. In Colorado Revised Statutes, add 43-10-118 and5
43-10-119 as follows:6
43-10-118. Adverse impacts - prevention and mitigation.7
(1) T
HE DIVISION AND THE DEPARTMENT OF PUBLIC HEALTH AND8
ENVIRONMENT SHALL WORK TOGETHER TO EVALUATE , PREVENT, AND9
MITIGATE THE ADVERSE IMPACTS OF AIRCRAFT NOISE AND THE USE OF10
LEADED AVIATION GASOLINE, AS DEFINED IN SECTION 43-10-119 (2)(e), ON11
PUBLIC HEALTH, SAFETY, AND WELFARE. THE DIVISION SHALL PRIORITIZE12
THIS EVALUATION, PREVENTION, AND MITIGATION AT AIRPORTS THAT THE13
DIVISION HAS IDENTIFIED AS BEING LOCATED IN DENSELY POPULATED14
RESIDENTIAL AREAS OR AS HAVING A SIGNIFICANT NUMBER OF FLIGHTS15
OVER DENSELY POPULATED RESIDENTIAL AREAS , AND THE DIVISION AND16
THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT SHALL , AT A17
MINIMUM:18
(a) I
NSTALL NOISE MONITORING SYSTEMS TO EVALUATE NOISE19
LEVELS FROM AIRCRAFT AND OTHER ACTIVITY AT SUCH AIRPORTS ;20
(b) C
ONDUCT PERIODIC TESTING FOR THE PRESENCE OF LEAD IN21
THE BLOOD OF INDIVIDUALS WHO RESIDE OR WORK NEAR SUCH AIRPORTS22
OR CHILDREN WHO ATTEND SCHOOLS OR CHILD CARE FACILITIES NEAR23
SUCH AIRPORTS; AND24
(c) P
ROVIDE TECHNICAL ASSISTANCE TO SUCH AIRPORTS AND TO25
LOCAL GOVERNMENTS TO EMPLOY BEST PRACTICES TO PREVENT AND26
MITIGATE SIGNIFICANT ADVERSE IMPACTS ON PUBLIC HEALTH , SAFETY,27
HB24-1235
-15- AND WELFARE FROM SUCH AIRPORTS .1
43-10-119. Unleaded aviation gasoline enterprise - creation -2
powers and duties - enterprise fund - fee - grant program - legislative3
declaration - definitions. (1) (a) T
HE GENERAL ASSEMBLY FINDS AND4
DECLARES THAT:5
(I) L
EADED AVIATION GASOLINE IS A LEADING SOURCE OF LEAD6
EMISSIONS IN THE ATMOSPHERE, AND EXCESSIVE EXPOSURE TO LEAD HAS7
BEEN SHOWN TO HAVE MANY ADVERSE EFFECTS ON HUMAN HEALTH AND8
THE NATURAL ENVIRONMENT ; AND9
(II) I
T IS THEREFORE NECESSARY, APPROPRIATE, AND IN THE BEST10
INTEREST OF ALL COLORADANS TO CREATE THE UNLEADED AVIATION11
GASOLINE ENTERPRISE AND TO AUTHORIZE THE ENTERPRISE TO REMEDIATE12
IMPACTS CAUSED BY THE USE OF LEADED AVIATION GASOLINE BY13
IMPOSING A FEE ON PURCHASES OF LEADED AVIATION GASOLINE AND14
USING FEE REVENUE TO FUND INFRASTRUCTURE AND PROGRAMS THAT15
INCREASE THE USE OF UNLEADED AVIATION GASOLINE IN LIEU OF LEADED16
AVIATION GASOLINE.17
(b) T
HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT :18
(I) T
HE UNLEADED AVIATION GASOLINE ENTERPRISE PROVIDES19
IMPACT REMEDIATION SERVICES WHEN , IN EXCHANGE FOR THE PAYMENT20
OF THE LEADED AVIATION GASOLINE IMPACT REMEDIATION FEE BY21
LICENSED AVIATION FUEL EXCISE TAX DISTRIBUTORS , IT ACTS AS22
AUTHORIZED BY THIS SECTION TO FUND THE DEVELOPMENT OF23
INFRASTRUCTURE AND PROGRAMS THAT MAKE UNLEADED AVIATION24
GASOLINE A MORE VIABLE AND ACCESSIBLE OPTION FOR POWERING25
AIRCRAFT THAT USE GENERAL AVIATION AIRPORTS , INCREASE THE USE OF26
UNLEADED AVIATION GASOLINE IN LIEU OF LEADED AVIATION GASOLINE ,27
HB24-1235
-16- AND THEREBY REMEDIATE THE ADVERSE IMPACT ON HUMAN HEALTH AND1
THE ENVIRONMENT THAT RESULT FROM THE USE OF LEADED AVIATION2
GASOLINE;3
(II) B
Y PROVIDING IMPACT REDUCTION SERVICES AS AUTHORIZED4
BY THIS SECTION, THE UNLEADED AVIATION GASOLINE ENTERPRISE5
PROVIDES A SPECIFIC BENEFIT TO FEE PAYERS BY REDUCING THE RISKS OF6
ADVERSE IMPACTS TO THEIR HEALTH THAT RESULT FROM THE USE OF7
LEADED AVIATION GASOLINE AT THE GENERAL AVIATION AIRPORTS THAT8
THEY FREQUENT THROUGH THE FUNDING OF INFRASTRUCTURE AND9
PROGRAMS NEEDED TO INCREASE THE USE OF UNLEADED AVIATION10
GASOLINE IN THE STATE AND DECREASE THE USE OF LEADED AVIATION11
GASOLINE AT THOSE AIRPORTS , AND OPERATES AS A BUSINESS IN12
ACCORDANCE WITH THE DETERMINATION OF THE COLORADO SUPREME13
COURT IN COLORADO UNION OF TAXPAYERS FOUNDATION V. CITY OF ASPEN,14
2018
CO 36;15
(III) C
ONSISTENT WITH THE DETERMINATION OF THE COLORADO16
SUPREME COURT IN NICHOLL V. E-470 PUBLIC HIGHWAY AUTHORITY, 89617
P.2d 859
(COLO. 1995), THE POWER TO IMPOSE TAXES IS INCONSISTENT18
WITH ENTERPRISE STATUS UNDER SECTION 20 OF ARTICLE X OF THE STATE19
CONSTITUTION, AND, THEREFORE, IT IS THE CONCLUSION OF THE GENERAL20
ASSEMBLY THAT THE REVENUE COLLECTED BY THE UNLEADED AVIATION21
GASOLINE ENTERPRISE IS GENERATED BY FEES , NOT TAXES, BECAUSE THE22
UNLEADED AVIATION GASOLINE IMPACT REMEDIATION FEE IMPOSED BY23
THE ENTERPRISE IS:24
(A) I
MPOSED FOR THE SPECIFIC PURPOSE OF ALLOWING THE25
ENTERPRISE TO DEFRAY THE COSTS OF PROVIDING THE SERVICES SPECIFIED26
IN THIS SECTION; AND27
HB24-1235
-17- (B) COLLECTED AT RATES THAT ARE REASONABLY CALCULATED1
BASED ON THE COSTS OF THE SERVICES PROVIDED BY THE ENTERPRISE ;2
AND3
(IV) S
O LONG AS THE ENTERPRISE QUALIFIES AS AN ENTERPRISE4
FOR PURPOSES OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION,5
THE REVENUE FROM THE LEADED AVIATION GASOLINE IMPACT6
REMEDIATION FEE IS NOT STATE FISCAL YEAR SPENDING , AS DEFINED IN7
SECTION 24-77-102 (17), OR STATE REVENUES, AS DEFINED IN SECTION8
24-77-103.6 (6)(c),
AND DOES NOT COUNT AGAINST EITHER THE STATE9
FISCAL YEAR SPENDING LIMIT IMPOSED BY SECTION 20 OF ARTICLE X OF10
THE STATE CONSTITUTION OR THE EXCESS STATE REVENUES CAP , AS11
DEFINED IN SECTION 24-77-103.6 (6)(b).12
(2) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE13
REQUIRES:14
(a) "A
VIATION GASOLINE" MEANS GASOLINE-BASED FUEL THAT IS15
USED TO POWER AN AIRCRAFT.16
(b) "E
NTERPRISE" MEANS THE UNLEADED AVIATION GASOLINE17
ENTERPRISE CREATED IN SUBSECTION (3) OF THIS SECTION.18
(c) "E
NTERPRISE FUND" MEANS THE UNLEADED AVIATION19
GASOLINE ENTERPRISE FUND CREATED IN SUBSECTION (4)(a)(I) OF THIS20
SECTION.21
(d) "G
ENERAL AVIATION AIRPORT" MEANS A GENERAL AVIATION22
AIRPORT AS DEFINED IN 49 U.S.C. SEC. 47102 (8).23
(e) "L
EADED AVIATION GASOLINE" MEANS AVIATION GASOLINE24
THAT CONTAINS LEAD AND INCLUDES AVGAS 100 AND AVGAS 100LL.25
(f) "L
EADED AVIATION GASOLINE IMPACT REMEDIATION FEE " OR26
"
REMEDIATION FEE" MEANS THE FEE IMPOSED BY THE ENTERPRISE27
HB24-1235
-18- PURSUANT TO SUBSECTION (5) OF THIS SECTION.1
(g) "S
UPPLEMENTAL TYPE CERTIFICATE " MEANS A TYPE2
CERTIFICATE ISSUED BY THE FEDERAL AVIATION ADMINISTRATION TO AN3
APPLICANT THAT HAS RECEIVED FEDERAL AVIATION ADMINISTRATION4
APPROVAL TO MODIFY AN AERONAUT ICAL PRODUCT FROM ITS ORIGINAL5
DESIGN.6
(h) "U
NLEADED AVIATION GASOLINE" MEANS AVIATION GASOLINE7
THAT DOES NOT INCLUDE LEAD AND INCLUDES AVGAS G100UL.8
(3) (a) (I) T
HE UNLEADED AVIATION GASOLINE ENTERPRISE IS9
CREATED IN THE DIVISION. THE ENTERPRISE IS AND OPERATES AS A10
GOVERNMENT-OWNED BUSINESS WITHIN THE DIVISION IN ORDER TO11
EXECUTE ITS BUSINESS PURPOSES AS SPECIFIED IN SUBSECTION (3)(b) OF12
THIS SECTION BY EXERCISING THE POWERS AND PERFORMING THE DUTIES13
AND FUNCTIONS SET FORTH IN THIS SUBSECTION (3).14
(II) T
HE ENTERPRISE IS A TYPE 1 ENTITY, AS DEFINED IN SECTION15
24-1-105,
AND EXERCISES ITS POWERS AND PERFORMS ITS DUTIES AND16
FUNCTIONS UNDER THE DEPARTMENT OF TRANSPORTATION AND THE17
BOARD. THE BOARD IS THE GOVERNING BOARD OF THE ENTERPRISE .18
(b) T
HE BUSINESS PURPOSES OF THE ENTERPRISE ARE TO FUND AND19
SUPPORT THE DEVELOPMENT OF INFRASTRUCTURE AND PROGRAMS THAT20
MAKE UNLEADED AVIATION GASOLINE A MORE VIABLE AND ACCESSIBLE21
OPTION FOR POWERING AIRCRAFT THAT USE GENERAL AVIATION AIRPORTS ,22
INCREASE THE USE OF UNLEADED AVIATION GASOLINE IN LIEU OF LEADED23
AVIATION GASOLINE, AND THEREBY REMEDIATE THE ADVERSE IMPACT ON24
HUMAN HEALTH AND THE ENVIRONMENT THAT RESULT FROM THE USE OF25
LEADED AVIATION GASOLINE. TO ALLOW THE ENTERPRISE TO ACCOMPLISH26
THESE BUSINESS PURPOSES AND FULLY EXERCISE ITS POWERS AND DUTIES ,27
HB24-1235
-19- THE ENTERPRISE MAY:1
(I) I
MPOSE A LEADED AVIATION GASOLINE IMPACT REMEDIATION2
FEE AS AUTHORIZED BY SUBSECTION (5) OF THIS SECTION;3
(II) P
ROVIDE GRANTS, LOANS, OR REBATES, AS AUTHORIZED IN4
SUBSECTION (6) OF THIS SECTION, TO FUND UNLEADED AVIATION GASOLINE5
INFRASTRUCTURE AND PROGRAMS TO INCREASE THE ACCESSIBILITY AND6
VIABILITY OF UNLEADED AVIATION GASOLINE AS AN OPTION FOR7
POWERING AIRCRAFT THAT USE GENERAL AVIATION AIRPORTS ; AND8
(III) I
SSUE REVENUE BONDS PAYABLE FROM REMEDIATION FEE9
REVENUE AND OTHER AVAILABLE MONEY OF THE ENTERPRISE .10
(c) T
HE ENTERPRISE CONSTITUTES AN ENTERPRISE FOR PURPOSES11
OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION, SO LONG AS IT12
RETAINS THE AUTHORITY TO ISSUE REVENUE BONDS AND RECEIVES LESS13
THAN TEN PERCENT OF ITS TOTAL ANNUAL REVENUE IN GRANTS FROM ALL14
C
OLORADO STATE AND LOCAL GOVERNMENTS COMBINED . SO LONG AS IT15
CONSTITUTES AN ENTERPRISE PURSUANT TO THIS SUBSECTION (3)(c), THE16
ENTERPRISE IS NOT SUBJECT TO SECTION 20 OF ARTICLE X OF THE STATE17
CONSTITUTION.18
(d) I
N ADDITION TO ANY OTHER POWERS AND DUTIES SPECIFIED IN19
THIS SECTION, THE ENTERPRISE HAS THE FOLLOWING GENERAL POWERS20
AND DUTIES:21
(I) T
O ADOPT BYLAWS FOR THE REGULATION OF ITS AFFAIRS AND22
THE CONDUCT OF ITS BUSINESS;23
(II) T
O EMPLOY AND SUPERVISE INDIVIDUALS , PROFESSIONAL24
CONSULTANTS, AND CONTRACTORS AS ARE NECESSARY IN ITS JUDGMENT25
TO CARRY OUT ITS BUSINESS PURPOSES;26
(III) T
O CONTRACT WITH ANY PUBLIC OR PRIVATE ENTITY ;27
HB24-1235
-20- (IV) TO SEEK, ACCEPT, AND EXPEND GIFTS, GRANTS, AND1
DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE PURPOSES OF THIS2
SECTION. THE ENTERPRISE SHALL TRANSMIT ANY MONEY RECEIVED3
THROUGH GIFTS, GRANTS, OR DONATIONS TO THE STATE TREASURER, WHO4
SHALL CREDIT THE MONEY TO THE ENTERPRISE FUND .5
(V) T
O HAVE AND EXERCISE ALL RIGHTS AND POWERS NECESSARY6
OR INCIDENTAL TO OR IMPLIED FROM THE SPECIFIC POWERS AND DUTIES7
GRANTED BY THIS SECTION.8
(4) (a) (I) T
HE UNLEADED AVIATION GASOLINE ENTERPRISE FUND9
IS CREATED IN THE STATE TREASURY. THE ENTERPRISE FUND CONSISTS OF10
LEADED AVIATION GASOLINE IMPACT REMEDIATION FEE REVENUE11
CREDITED TO THE ENTERPRISE FUND PURS UANT TO SUBSECTION (5) OF THIS12
SECTION, ANY MONEY THAT THE GENERAL ASSEMBLY MAY TRANSFER OR13
APPROPRIATE TO THE ENTERPRISE FUND , AND ANY FEDERAL MONEY OR14
GIFTS, GRANTS, OR DONATIONS RECEIVED. THE STATE TREASURER SHALL15
CREDIT ALL INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND16
INVESTMENT OF MONEY IN THE ENTERPRISE FUND TO THE ENTERPRISE17
FUND.18
(II) M
ONEY IN THE ENTERPRISE FUND IS CONTINUOUSLY19
APPROPRIATED TO THE ENTERPRISE FOR THE DIRECT AND INDIRECT COSTS20
OF EXECUTING ITS POWERS AND DUTIES AND PROVIDING SERVICES AS21
AUTHORIZED BY THIS SECTION.22
(b) T
HE DEPARTMENT OF TRANSPORTATION OR THE DIVISION MAY23
TRANSFER MONEY FROM ANY LEGALLY AVAILABLE SOURCE TO THE24
ENTERPRISE FOR THE PURPOSE OF DEFRAYING EXPENSES INCURRED BY THE25
ENTERPRISE BEFORE IT RECEIVES REMEDIATION FEE REVENUE OR REVENUE26
BOND PROCEEDS. THE ENTERPRISE MAY ACCEPT AND EXPEND ANY MONEY27
HB24-1235
-21- SO TRANSFERRED, AND, NOTWITHSTANDING ANY STATE FISCAL RULE OR1
GENERALLY ACCEPTED ACCOUNTING PRINCIPLE THAT COULD OTHERWISE2
BE INTERPRETED TO REQUIRE A CONTRARY CONCLUSION , SUCH A3
TRANSFER IS A LOAN FROM THE DEPARTMENT OR THE DIVISION TO THE4
ENTERPRISE THAT IS REQUIRED TO BE REPAID AND IS NOT A GRANT FOR5
PURPOSES OF SECTION 20 (2)(d) OF ARTICLE X OF THE STATE6
CONSTITUTION, OR AS DEFINED IN SECTION 24-77-102 (7). ALL MONEY7
TRANSFERRED AS A LOAN TO THE ENTERPRISE MUST BE CREDITED TO THE8
ENTERPRISE FUND. LOAN LIABILITIES THAT ARE RECORDED IN THE9
ENTERPRISE FUND BUT THAT ARE NOT REQUIRED TO BE PAID IN THE10
CURRENT FISCAL YEAR SHALL NOT BE CONSIDERED WHEN CALCULATING11
SUFFICIENT STATUTORY FUND BALANCE FOR PURPOSES OF SECTION12
24-75-109.
AS THE ENTERPRISE RECEIVES SUFFICIENT REVENUE IN EXCESS13
OF EXPENSES, THE ENTERPRISE SHALL REIMBURSE THE DEPARTMENT OR14
THE DIVISION FOR THE PRINCIPAL AMOUNT OF ANY LOAN MADE BY THE15
DEPARTMENT OR THE DIVISION PLUS INTEREST AT A RATE SET BY THE16
DEPARTMENT OR THE DIVISION.17
(5) I
N FURTHERANCE OF ITS BUSINESS PURPOSES , BEGINNING18
S
EPTEMBER 1, 2024, THE ENTERPRISE SHALL IMPOSE A LEADED AVIATION19
GASOLINE IMPACT REMEDIATION FEE IN A REASONABLE AMOUNT NOT TO20
EXCEED FIFTY CENTS PER GALLON TO BE PAID BY EACH DISTRIBUTOR OF21
LEADED AVIATION GASOLINE THAT PAYS THE EXCISE TAX IMPOSED ON22
SUCH GASOLINE PURSUANT TO ARTICLE 27 OF TITLE 39, AT THE SAME TIME23
AND IN THE SAME M ANNER AS THE EXCISE TAX ; EXCEPT THAT A24
DISTRIBUTOR IS NOT REQUIRED TO PAY THE REMEDIATION FEE FOR ANY25
GALLON OF LEADED AVIATION GASOLINE THAT IS EXEMPT FROM THE26
EXCISE TAX PURSUANT TO SECTION 39-27-102.5 (2)(b). FOR THE PURPOSE27
HB24-1235
-22- OF MINIMIZING COMPLIANCE COSTS FOR DISTRIBUTORS AND1
ADMINISTRATIVE COSTS FOR THE STATE , THE DEPARTMENT OF REVENUE2
SHALL COLLECT AND ADMINISTER THE REMEDIATION FEE ON BEHALF OF3
THE ENTERPRISE IN THE SAME MANNER IN WHICH IT COLLECTS AND4
ADMINISTERS THE EXCISE TAX. THE DEPARTMENT OF REVENUE SHALL5
CREDIT THE REMEDIATION FEE REVENUE THAT IT COLLECTS TO THE STATE6
TREASURER, AND THE STATE TREASURER SHALL CREDIT THE REVENUE ,7
MINUS THE COSTS TO THE DEPARTMENT OF REVENUE FOR COLLECTING THE8
REMEDIATION FEE, TO THE ENTERPRISE FUND.9
(6) (a) I
N FURTHERANCE OF ITS BUSINESS PURPOSES, AND SUBJECT10
TO THE REQUIREMENTS SET FORTH IN SUBSECTIONS (6)(b) AND (6)(c) OF11
THIS SECTION, THE ENTERPRISE IS AUTHORIZED TO MAKE GRANTS , LOANS,12
OR REBATES FOR THE FOLLOWING PURPOSES :13
(I) T
O GENERAL AVIATION AIRPORTS TO FUND THE CONSTRUCTION ,14
INSTALLATION, OR IMPROVEMENT OF INFRASTRUCTURE AND EQUIPMENT15
NEEDED TO PROVIDE UNLEADED AVIATION GASOLINE AT GENERAL16
AVIATION AIRPORTS; AND17
(II) T
O FUND PROGRAMS THAT SUBSIDIZE THE PURCHASE OF18
UNLEADED AVIATION GASOLINE AT GENERAL AVIATION AIRPORTS OR19
PROVIDE FINANCIAL INCENTIVES FOR THE OWNER OF AN AIRCRAFT THAT20
IS POWERED BY LEADED AVIATION GASOLINE TO OBTAIN A SUPPLEMENTAL21
TYPE CERTIFICATE FOR THE CONVERSION OF THE AIRCRAFT SO THAT IT IS22
POWERED BY UNLEADED AVIATION GASOLINE .23
(b) W
HEN MAKING GRANTS, LOANS, OR REBATES AS AUTHORIZED24
BY SUBSECTION (6)(a) OF THIS SECTION, THE ENTERPRISE:25
(I) S
HALL ONLY MAKE A GRANT, LOAN, OR REBATE TO A GENERAL26
AVIATION AIRPORT THAT IS LOCATED IN A COUNTY THAT INCLUDES AN27
HB24-1235
-23- URBAN OR SUBURBAN AREA IF THE AIRPORT HAS FILED A PLAN TO REDUCE1
TRAFFIC OVER POPULATED AREAS FROM AIRCRAFT THAT ARE POWERED BY2
LEADED AVIATION GASOLINE; AND3
(II) S
HALL PRIORITIZE INFRASTRUCTURE AND PROGRAMS AT4
GENERAL AVIATION AIRPORTS IN DENSELY POPULATED AREAS OF THE5
STATE THAT HAVE THE HIGHEST LEVELS OF TRAFFIC FROM AIRCRAFT THAT6
ARE POWERED BY LEADED AVIATION GASOLINE .7
(c) T
HE ENTERPRISE SHALL AWARD GRANTS ON A COMPETITIVE8
BASIS BASED ON WRITTEN CRITERIA ESTABLISHED BY THE ENTERPRISE IN9
ADVANCE OF ANY DEADLINES FOR THE SUBMISSION OF GRANT10
APPLICATIONS.11
SECTION 10. Safety clause. The general assembly finds,12
determines, and declares that this act is necessary for the immediate13
preservation of the public peace, health, or safety or for appropriations for14
the support and maintenance of the departments of the state and state15
institutions.16
HB24-1235
-24-