Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 24-0251.03 Jason Gelender x4330
HOUSE BILL 24-1235
House Committees Senate Committees
Transportation, Housing & Local Government
Finance
Appropriations
A BILL FOR AN ACT
C
ONCERNING MEASURES TO REDUCE THE IMPACT OF AVIATION ON101
SURROUNDING
COMMUNITIES, AND, IN CONNECTION THEREWITH,102
MAKING AN APPROPRIATION .103
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
HOUSE
3rd Reading Unamended
April 17, 2024
HOUSE
Amended 2nd Reading
April 15, 2024
HOUSE SPONSORSHIP
Brown and Bird, Amabile, Clifford, Hernandez, Kipp, Lindstedt, Parenti, Weissman,
Willford, Woodrow, Boesenecker, Duran, Froelich, Garcia, Hamrick, Herod, Jodeh, Lindsay,
Mabrey, McCormick, Ortiz, Rutinel, Sirota, Snyder, Story, Titone, Vigil
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. fund (fund) grants to general aviation airports and commercial airports at
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
1235
-2- apply to receive for aviation purposes.
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 and pregnant individuals; and 13
(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
1235-3- prevention, no level of lead exposure is safe for children, and even low1
levels of lead in their blood are associated with developmental delays,2
learning difficulties, and behavioral issues;3
(c) Peer-reviewed research indicates that children who live near4
airports with significant general aviation activity have elevated levels of5
lead in their blood and that blood lead levels in children under five6
increase as levels of atmospheric lead increase;7
(d) Persistent and loud noise also has harmful health effects,8
especially for children; and9
(e) It is therefore necessary, appropriate, and in the best interest10
of all Coloradans for the state to:11
(I) Provide financial incentives in the form of an income tax credit12
and a grant program to reduce the use of leaded aviation gasoline; and13
(II) Create standards for an airport with significant general14
aviation activity in an urban or suburban area to follow to notify the15
surrounding community of its voluntary plans and procedures to reduce16
the impacts of noise and lead on the community.17
SECTION 2. In Colorado Revised Statutes, add 39-22-560 as18
follows:19
39-22-560. Tax credit for certification of aircraft to use20
unleaded aviation gasoline - tax preference performance statement21
- review - legislative declaration - definitions - repeal. (1) (a) IN22
ACCORDANCE WITH SECTION 39-21-304 (1), WHICH REQUIRES EACH BILL23
THAT CREATES A NEW TAX EXPENDITURE TO INCLUDE A TAX PREFERENCE24
PERFORMANCE STATEMENT AS PART OF A STATUTORY LEGISLATIVE25
DECLARATION, THE GENERAL ASSEMBLY FINDS AND DECLARES THAT THE26
PURPOSE OF THE TAX CREDIT PROVIDED IN THIS SECTION IS TO INDUCE27
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-4- CERTAIN DESIGNATED BEHAVIOR BY TAXPAYERS, SPECIFICALLY THE1
MODIFICATION OF AIRCRAFT THAT ARE POWERED BY LEADED AVIATION2
GASOLINE SO THAT SUCH AIRCRAFT CAN BE CERTIFIED TO BE POWERED BY3
UNLEADED AVIATION GASOLINE AND NO LONGER USE LEADED AVIATION4
GASOLINE.5
(b) THE GENERAL ASSEMBLY AND THE STATE AUDITOR SHALL6
MEASURE THE EFFECTIVENESS OF THE CREDIT IN ACHIEVING THE PURPOSE7
SPECIFIED IN SUBSECTION (1)(a) OF THIS SECTION BASED ON THE NUMBER8
OF CREDITS CLAIMED.9
(2) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE10
REQUIRES:11
(a) "AIRCRAFT" HAS THE SAME MEANING AS SET FORTH IN SECTION12
43-10-102 (1).13
(b) "AVIATION GASOLINE" MEANS GASOLINE-BASED FUEL THAT IS14
USED TO POWER AN AIRCRAFT.15
(c) "LEADED AVIATION GASOLINE" MEANS ANY AVIATION FUEL16
CONTAINING TETRAETHYL LEAD ADDITIVES .17
(d) "QUALIFYING AIRCRAFT" MEANS AN AIRCRAFT THAT HAS BEEN18
POWERED BY LEADED AVIATION GASOLINE AND FOR WHICH A19
SUPPLEMENTAL TYPE CERTIFICATE OR ANY OTHER AUTHORIZATION THAT20
APPROVES THE COMPLETED MODIFICATION OF THE AIRCRAFT TO BE21
POWERED BY UNLEADED AVIATION GASOLINE HAS BEEN ISSUED .22
(e) "QUALIFYING EXPENSES" MEANS ANY ACTUAL OUT-OF-POCKET23
EXPENSES INCURRED AND PAID BY A QUALIFYING TAXPAYER FOR THE24
PURPOSE OF MODIFYING AN AIRCRAFT REGISTERED WITH THE FEDERAL25
AVIATION ADMINISTRATION IN THIS STATE SO THAT IT IS A QUALIFYING26
AIRCRAFT.27
1235
-5- (f) "QUALIFYING TAXPAYER" MEANS A PERSON SUBJECT TO TAX1
UNDER THIS ARTICLE 22 WHO IS THE OWNER OF AN AIRCRAFT AS2
INDICATED ON THE AIRCRAFT REGISTRY MAINTAINED BY THE FEDERAL3
AVIATION ADMINISTRATION.4
(g) "SUPPLEMENTAL TYPE CERTIFICATE" MEANS A TYPE5
CERTIFICATE ISSUED BY THE FEDERAL AVIATION ADMINISTRATION TO AN6
APPLICANT THAT HAS MODIFIED AN AERONAUTICAL PRODUCT FROM ITS7
ORIGINAL DESIGN WITH FEDERAL AVIATION ADMINISTRATION APPROVAL. 8
(h) "UNLEADED AVIATION GASOLINE" MEANS AVIATION GASOLINE9
THAT DOES NOT INCLUDE LEAD.10
(3) FOR ANY INCOME TAX YEAR COMMENCING ON OR AFTER11
JANUARY 1, 2025, BUT BEFORE JANUARY 1, 2030, A QUALIFYING12
TAXPAYER WHO INCURS QUALIFYING EXPENSES IS ALLOWED A CREDIT13
AGAINST THE INCOME TAXES IMPOSED BY THIS ARTICLE 22 IN THE TAX14
YEAR IN WHICH THE QUALIFYING AIRCRAFT IS REGISTERED BY THE15
FEDERAL AVIATION ADMINISTRATION IN THIS STATE IN AN AMOUNT EQUAL16
TO FIFTY PERCENT OF ALL QUALIFYING EXPENSES INCURRED; EXCEPT THAT17
THE MAXIMUM AMOUNT OF THE CREDIT THAT MAY BE CLAIMED FOR18
QUALIFYING EXPENSES INCURRED IN MODIFYING ANY ONE AIRCRAFT IS19
FIVE HUNDRED DOLLARS.20
(4) IF THE AMOUNT OF A CREDIT AUTHORIZED BY THIS SECTION21
EXCEEDS THE AMOUNT OF INCOME TAXES OTHERWISE DUE ON THE INCOME22
OF THE QUALIFYING TAXPAYER CLAIMING THE CREDIT IN THE INCOME TAX23
YEAR FOR WHICH THE CREDIT IS BEING CLAIMED, THE AMOUNT OF THE24
CREDIT NOT USED AS AN OFFSET AGAINST INCOME TAXES IN THAT INCOME25
TAX YEAR MAY NOT BE CARRIED FORWARD AND MUST BE REFUNDED TO26
THE QUALIFYING TAXPAYER.27
1235
-6- (5) THIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2039.1
SECTION 3. In Colorado Revised Statutes, 43-10-102, amend2
the introductory portion and (3)(a)(VII); and add (3)(a)(IX), (3)(a)(X),3
(3)(a)(XI), (3)(a)(XII), and (3)(a)(XIII) as follows:4
43-10-102. Definitions. As used in this article ARTICLE 10, unless5
the context otherwise requires:6
(3) (a) "Aviation purposes" means any objective that provides7
direct and indirect benefits to the state aviation system and includes, but8
is not limited to:9
(VII) Any acquisition of land, of any interest therein, or of any10
easement through or other interest in airspace, including land for future11
airport development, which is necessary to permit any such work or to12
remove, mitigate, prevent, or limit the establishment of any hazard to the13
safe operation of aircraft; and14
(IX) DESIGN, ENGINEERING, CONSTRUCTION, INSTALLATION,15
ACQUISITION, AND INSPECTION OF INFRASTRUCTURE , INCLUDING16
EQUIPMENT, THAT WILL ALLOW THE SALE OF UNLEADED AVIATION17
GASOLINE AT A GENERAL AVIATION AIRPORT OR AT A COMMERCIAL18
AIRPORT AT WHICH THERE IS, AS DETERMINED BY THE DIVISION ,19
SIGNIFICANT GENERAL AVIATION ACTIVITY ;20
(X) SUBSIDIZATION OF UNLEADED AVIATION GASOLINE AT A21
GENERAL AVIATION AIRPORT OR A COMMERCIAL AIRPORT AT WHICH THERE22
IS SIGNIFICANT GENERAL AVIATION ACTIVITY, AS DETERMINED BY THE23
DIVISION;24
(XI) NOISE MONITORING DEVICES, TECHNOLOGIES, OR SYSTEMS25
THAT ARE USED TO EVALUATE NOISE LEVELS FROM THE OPERATION OF26
AIRCRAFT AND OTHER AVIATION ACTIVI TIES AT OR NEAR AIRPORTS; 27
1235
-7- (XII) THE EVALUATION, PROVISION OF EDUCATION AND1
TECHNICAL ASSISTANCE TO AIRPORTS ABOUT, PREVENTION, OR2
MITIGATION OF ADVERSE IMPACTS TO THE HEALTH, SAFETY, AND WELFARE3
OF INDIVIDUALS WHO RESIDE OR WORK NEAR AN AIRPORT INCLUDING BUT4
NOT LIMITED TO THE EVALUATION, PROVISION OF EDUCATION AND5
TECHNICAL ASSISTANCE TO AIRPORTS ABOUT, PREVENTION, OR6
MITIGATION OF SUCH ADVERSE IMPACTS CONDUCTED BY THE DIVISION;7
AND8
(XIII) AT A TIME THAT ELECTRIC AIRCRAFT TECHNOLOGY HAS9
BEEN APPROPRIATELY CERTIFIED BY THE FAA, PROVIDING FOR10
ON-AIRPORT ELECTRIC AIRCRAFT CHARGING INFRASTRUCTURE .11
SECTION 4. In Colorado Revised Statutes, 43-10-103, amend12
(2) introductory portion and (2)(k); and add (2)(n) and (2)(o) as follows:13
43-10-103. Division of aeronautics created - duties. (2) The14
division shall provide support for the Colorado aeronautical board in15
fulfilling its duties. The duties of the division shall also include, but ARE16
not be limited to, the following:17
(k) Publishing information relating to aeronautics in the state; and18
(n) WORKING WITH THE DEPARTMENT OF PUBLIC HEALTH AND19
ENVIRONMENT AS IT CONTINUES TO PROVIDE DATA AND INFORMATION20
ABOUT THE EFFECTS OF LEADED AVIATION FUEL ON HUMAN HEALTH TO21
THE DEPARTMENT OF TRANSPORTATION AND AIRPORTS ; AND22
(o) EDUCATING AIRPORTS WITH SIGNIFICANT GENERAL AVIATION23
ACTIVITY, AS DETERMINED BY THE DIVISION, REGARDING:24
(I) THE NEED TO EXPEDITE THE TRANSITION FROM LEADED25
AVIATION GASOLINE TO UNLEADED AVIATION GASOLINE ; AND26
(II) THE PROVISIONS OF THIS ARTICLE 10, AS AMENDED BY HOUSE27
1235
-8- BILL 24-1235, ENACTED IN 2024, THAT OFFER FUNDING FOR PROJECTS AND1
UNLEADED AVIATION GASOLINE SUBSIDIES, IF OFFERED BY THE DIVISION,2
THAT SUPPORT THE TRANSITION FROM LEADED AVIATION GASOLINE TO3
UNLEADED AVIATION GASOLINE AND IMPOSE REQUIREMENTS FOR4
ACCESSING THAT FUNDING AND , IF OFFERED, THOSE SUBSIDIES.5
SECTION 5. In Colorado Revised Statutes, 43-10-104, amend6
(1)(b), (1)(f), and (2) as follows:7
43-10-104. Colorado aeronautical board - created. (1) (b) The8
board consists of seven NINE VOTING members appointed by the governor,9
with the consent of the senate, for terms of three years; except that the10
terms shall MUST be staggered so that no more than three members' terms11
expire in the same year.12
(f) The board shall not conduct any business unless there are at13
least four FIVE VOTING members of the board present.14
(2) (a) The members of the board shall be chosen as follows15
CONSISTS OF THE FOLLOWING MEMBERS :16
(I) Four members, two from the eastern slope and two from the17
western slope of the state, representing local governments which THAT18
operate airports, which members shall be selected by the governor SHALL19
SELECT from a list of nominees supplied by THOSE local governments;20
(II) TWO MEMBERS WHO ARE RESIDENTS OF COMMUNITIES THAT21
ARE AFFECTED BY GENERAL AVIATION AIRPORT TRAFFIC OR TRAFFIC AT A22
COMMERCIAL AIRPORT AT WHICH THERE IS SIGNIFICANT GENERAL23
AVIATION ACTIVITY, AS DETERMINED BY THE DIVISION. THE INITIAL TERMS24
OF THE TWO NEW MEMBERS COMMENCE WHEN THE NEXT TERM OF AN25
EXISTING MEMBER COMMENCES, AND THE NEW MEMBERS' INITIAL TERMS26
MUST COMPLY WITH THE EXISTING STAGGERING REQUIREMENT. IN27
1235
-9- APPOINTING THESE MEMBERS, THE GOVERNOR SHALL GIVE PRIORITY TO1
INDIVIDUALS WHO:2
(A) ARE NOT TRAINED PILOTS;3
(B) ARE FAMILIAR WITH AIRPORT INFRASTRUCTURE, AVIATION,4
AND THE MISSION OF THE BOARD, INCLUDING BUT NOT LIMITED TO THOSE5
WHO SERVE ON AN AIRPORT COMMUNITY NOISE ROUNDTABLE ; AND6
(C) RESIDE IN A COMMUNITY THAT IS SIGNIFICANTLY IMPACTED BY7
NOISE OR LEAD EMISSIONS BY A HIGH-TRAFFIC AIRPORT WITH SIGNIFICANT8
GENERAL AVIATION ACTIVITY, AS DETERMINED BY THE DIVISION;9
(III) One member representing a statewide association of airport10
managers;11
(IV) One member representing a statewide association of pilots;12
and13
(V) One member familiar with and supportive of the state's14
aviation issues, interests, and concerns; AND15
(VI) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC16
HEALTH AND ENVIRONMENT, OR THE EXECUTIVE DIRECTOR'S DESIGNEE,17
WHO IS AN EX OFFICIO NONVOTING MEMBER OF THE BOARD .18
(b) Appointments shall be made IN ADDITION TO SATISFYING THE19
REQUIREMENTS SET FORTH IN SECTION 24-20-115, THE GOVERNOR SHALL20
MAKE APPOINTMENTS TO THE BOARD so as to insure ENSURE a balance21
broadly representative of the activity level of airports throughout the state22
AND FURTHER ENSURE THAT THE RACIAL , ETHNIC, AND GENDER MAKEUP23
OF THE BOARD IS REPRESENTATIVE OF COMMUNITIES THAT ARE24
DISPROPORTIONATELY IMPACTED BY GENERAL AVIATION AIRPORT TRAFFIC25
OR TRAFFIC AT A COMMERCIAL AIRPORT AT WHICH THERE IS SIGNIFICANT26
GENERAL AVIATION ACTIVITY, AS DETERMINED BY THE DIVISION.27
1235
-10- SECTION 6. In Colorado Revised Statutes, 43-10-108.5, amend1
(2) as follows:2
43-10-108.5. State aviation system grant program.3
(2) (a) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (2)(c) OF THIS4
SECTION, any entity operating an FAA-designated public-use airport may5
apply to the division for a state aviation system grant to be used solely for6
aviation purposes. Applications shall MUST contain such information as7
may be required by the division and shall be filed in accordance with8
procedures established by the division. In order to be eligible for a grant,9
the applicant must demonstrate, to the satisfaction of the division, that the10
grant shall be used solely for aviation purposes as defined in section11
43-10-102 (3). The division shall evaluate grant applications based upon12
criteria established by the division, AND CRITERIA SET FORTH IN13
SUBSECTION (2)(b) OF THIS SECTION, and make recommendations to the14
board on the awarding of grants. Any grant proposed by the board shall15
MUST be submitted to the governor's office for review and16
recommendation prior to a final decision. The governor shall accomplish17
his THE GOVERNOR'S review and recommendation within thirty days of18
submittal of the grant proposal by the board. The board shall make final19
decisions on the awarding of grants subject to the availability of moneys20
MONEY in the aviation fund created in section 43-10-109. The board shall21
establish procedures to ensure that grants awarded pursuant to the22
provisions of this section are used solely for aviation purposes as required23
by this subsection (2).24
(b) THE DIVISION, WHEN EVALUATING GRANT APPLICATIONS AND25
MAKING RECOMMENDATIONS TO THE BOARD AS TO THE AWARDING OF26
GRANTS; THE GOVERNOR'S OFFICE, WHEN REVIEWING REQUESTED GRANTS27
1235
-11- RECOMMENDED BY THE DIVISION MAKING RECOMMENDATIONS REGARDING1
SUCH REQUESTED GRANTS TO THE BOARD ; AND THE BOARD, WHEN2
AWARDING GRANTS, SHALL DESIGNATE THE LESSER OF TEN PERCENT OF3
THE AMOUNT AWARDED IN GRANTS PER YEAR OR ONE MILLION FIVE4
HUNDRED THOUSAND DOLLARS PER YEAR IN GRANTS FOR THE AVIATION5
PURPOSES OF AIDING AND ACCELERATING THE TRANSITION FROM LEADED6
AVIATION GASOLINE TO UNLEADED AVIATION GASOLINE . THE BOARD7
SHALL PRIORITIZE AWARDING GRANTS DESIGNATED TO ADDRESS THE8
TRANSITION FROM LEADED AVIATION GASOLINE TO UNLEADED AVIATION9
GASOLINE TO AIRPORTS WITH SIGNIFICANT GENERAL AVIATION TRAFFIC IN10
URBAN AND SUBURBAN AREAS WHERE SURROUNDING COMMUNITIES MAY11
BE DISPROPORTIONATELY IMPACTED BY SUCH TRAFFIC . IF THE BOARD DOES12
NOT RECEIVE GRANT APPLICATIONS EQUALING AT LEAST THE AMOUNT13
DESIGNATED BY THE BOARD PURSUANT TO THIS SUBSECTION (2)(b) IN ANY14
GIVEN YEAR, THE BOARD MAY USE THE REMAINDER OF THIS FUNDING FOR15
OTHER AVIATION PURPOSES.16
(c) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (2)(h) OF17
THIS SECTION, MONEY SHALL NOT BE EXPENDED FROM THE FUND FOR A18
GRANT AWARDED PURSUANT TO THIS SECTION OR OTHERWISE TO AN19
AIRPORT THAT THE DIVISION HAS IDENTIFIED AS BEING LOCATED IN A20
DENSELY POPULATED RESIDENTIAL AREA OR AS HAVING A SIGNIFICANT21
NUMBER OF FLIGHTS OVER A DENSELY POPULATED RESIDENTIAL AREA22
UNLESS THE AIRPORT OR ENTITY OPERATING THE AIRPORT DEMONSTRATES23
TO THE SATISFACTION OF THE DIVISION THAT:24
(I) BY JANUARY 1, 2026, IT HAS ADOPTED A PLAN FOR PHASING25
OUT SALES OF LEADED AVIATION GASOLINE AT THE AIRPORT BY JANUARY26
1, 2030, WITH EXECUTION OF THE PLAN IN ACCORDANCE WITH FAA AND27
1235
-12- FEDERAL ENVIRONMENTA L PROTECTION AGENCY REQUIREMENTS OR1
OTHER RELEVANT FEDERAL GUIDANCE ; AND2
(II) IT HAS ESTABLISHED, IN CONSULTATION WITH FLIGHT SCHOOLS3
AND PILOTS THAT REGULARLY USE THE AIRPORT, A VOLUNTARY NOISE4
ABATEMENT PLAN, WITH EXECUTION OF THE NOISE ABATEMENT PLAN IN5
ACCORDANCE WITH FAA AND FEDERAL ENVIRONMENTAL PROTECTION6
AGENCY REQUIREMENTS OR OTHER RELEVANT FEDERAL GUIDANCE, SO7
THAT AIRCRAFT NOISE IS NOT A SIGNIFICANT PUBLIC NUISANCE AND DOES8
NOT CAUSE SIGNIFICANT ADVERSE IMPACTS TO THE HEALTH, SAFETY, AND9
WELFARE OF INDIVIDUALS RESIDING NEAR THE AIRPORT. THE DIVISION10
SHALL DEVELOP GUIDELINES FOR THE ESTABLISHMENT OF EFFECTIVE11
VOLUNTARY NOISE ABATEMENT PLANS THAT MUST INCLUDE , AT A12
MINIMUM:13
(A) PUBLICATION OF NOISE ABATEMENT PLANS AMONG ALL14
AIRPORT OPERATORS; AND15
(B) NOISE ABATEMENT PLAN ELEMENTS, INCLUDING, BUT NOT16
LIMITED TO, A VOLUNTARY CURFEW ON WHEN FLIGHTS MAY DEPART FROM17
THE AIRPORT; VOLUNTARY GUIDELINES ON THE NUMBER OF FLIGHTS THAT18
MAY DEPART FROM THE AIRPORT WITHIN SPECIFIED PERIODS ; AND19
VOLUNTARY GUIDELINES ON THE FREQUENCY OF TOUCH AND GO FLIGHTS20
DURING WHICH AN AIRCRAFT TOUCHES DOWN ON A RUNWAY AND THEN21
IMMEDIATELY ACCELERATES AND TAKES OFF AGAIN WITHOUT STOPPING.22
(d) (I) NOISE ABATEMENT PLANS DEVELOPED IN ACCORDANCE23
WITH SUBSECTION (2)(c)(II) OF THIS SECTION MUST BE PROPERLY POSTED24
AT EACH AIRPORT.25
(II) EACH AIRPORT SHALL CONDUCT MEETINGS WITH THE26
AIRPORT'S FLIGHT SCHOOLS, FUEL OPERATORS, AND PILOTS WHO27
1235
-13- COMMONLY FLY OUT OF THE AIRPORT ON A REGULAR BASIS TO INFORM THE1
PARTIES OF THE NOISE ABATEMENT PROCEDURES AND HOW THEY MIGHT2
COMPLY WITH SUCH PROCEDURES .3
(III) EACH AIRPORT SHALL CREATE AND POST ON ITS WEBSITE AN4
INTERNAL COMMUNICATIONS PLAN DETAILING HOW THEY INTEND TO5
ENSURE THAT THEIR NOISE ABATEMENT PLAN IS WELL UNDERSTOOD AND6
AVAILABLE TO ALL AIRCRAFT OPERATORS .7
(e) NOISE ABATEMENT PLANS DEVELOPED IN ACCORDANCE WITH8
SUBSECTION (2)(c)(II) OF THIS SECTION MUST BE SUBMITTED TO THE FAA9
AND ARE NOT CONTINGENT ON FAA APPROVAL.10
(f) IF AN AIRPORT OR AN ENTITY OPERATING AN AIRPORT HAS ONE11
OR MORE AVIGATION EASEMENTS IN PLACE, THE AIRPORT OR ENTITY MUST12
CERTIFY IN WRITING FOR EACH GRANT APPLICATION THAT THE AIRPORT OR13
ENTITY IS IN COMPLIANCE WITH THE ALL THE EASEMENTS .14
(g) AN AIRPORT OR AN ENTITY OPERATING AN AIRPORT MUST15
CERTIFY IN WRITING FOR EACH GRANT APPLICATION THAT THE AIRPORT OR16
ENTITY IS IN COMPLIANCE WITH ALL APPLICABLE FEDERAL LAWS AND17
REGULATIONS.18
(h) THE LIMITATION ON THE EXPENDITURE OF MONEY FROM THE19
FUND SET FORTH IN SUBSECTION (2)(c) OF THIS SECTION DOES NOT APPLY20
TO MONEY EXPENDED FOR AN AVIATION PROJECT THAT IS FOR AN21
INTERNATIONAL AIRPORT OR THAT IS DETERMINED BY THE DIVISION TO BE22
DIRECTLY UTILIZED TOWARDS THE TRANSITION FROM LEADED AVIATION23
GASOLINE TO UNLEADED AVIATION GASOLINE , INCLUDING BUT NOT24
LIMITED TO IMPROVEMENTS, ADDITIONS, AND MODIFICATIONS DESCRIBED25
IN SECTION 43-10-102 (3)(a)(IX) TO (3)(a)(XII), FOR THE HEALTH,26
SAFETY, AND WELFARE OF INDIVIDUALS WHO RESIDE NEAR THE AIRPORT27
1235
-14- AT WHICH THE AVIATION PROJECT WILL BE COMPLETED .1
SECTION 7. In Colorado Revised Statutes, add 43-10-118 as2
follows:3
43-10-118. Adverse impacts - evaluation and provision of4
education, and technical assistance. (1) (a) THE DIVISION SHALL5
EVALUATE, AND EDUCATE AND PROVIDE TECHNICAL ASSISTANCE TO6
AIRPORTS ABOUT, THE ADVERSE IMPACTS OF AIRCRAFT NOISE ON HEALTH,7
SAFETY, AND WELFARE. THE DIVISION SHALL PRIORITIZE THIS8
EVALUATION, EDUCATION, AND TECHNICAL ASSISTANCE AT AIRPORTS9
WITH SIGNIFICANT GENERAL AVIATION ACTIVITY THAT THE DIVISION HAS10
IDENTIFIED AS BEING LOCATED IN DENSELY POPULATED RESIDENTIAL11
AREAS OR AS HAVING A SIGNIFICANT NUMBER OF FLIGHTS OVER DENSELY12
POPULATED RESIDENTIAL AREAS .13
(b) THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT14
SHALL CONTINUE TO ENCOURAGE TESTING IN HIGH -RISK AREAS FOR THE15
PRESENCE OF LEAD IN THE BLOOD OF INDIVIDUALS WHO RESIDE OR WORK16
NEAR SUCH AIRPORTS OR CHILDREN WHO ATTEND SCHOOLS OR CHILD CARE17
FACILITIES NEAR SUCH AIRPORTS.18
SECTION 8. Appropriation. (1) For the 2024-25 state fiscal19
year, $44,609 is appropriated to the department of revenue. This20
appropriation is from the general fund. To implement this act, the21
department may use this appropriation as follows: 22
(a) $26,651 for tax administration IT system (GenTax) support;23
(b) $4,832 for personal services related to taxation services;24
(c) $10,535 for personal services related to administration and 25
support; and, 26
(d) $2,591 for IDS print production.27
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-15- (2) For the 2024-25 state fiscal year, $2,591 is appropriated to the1
department of personnel. This appropriation is from reappropriated funds2
received from the department of revenue under subsection (1)(d) of this3
section. To implement this act, the department of personnel may use this4
appropriation to provide document management services for the5
department of revenue.6
SECTION 9. Safety clause. The general assembly finds,7
determines, and declares that this act is necessary for the immediate8
preservation of the public peace, health, or safety or for appropriations for9
the support and maintenance of the departments of the state and state10
institutions.11
1235
-16-