Colorado 2024 Regular Session

Colorado House Bill HB1235 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. 24-0251.03 Jason Gelender x4330
1	8		HOUSE BILL 24-1235
2		-	BY REPRESENTATIVE(S) Brown and Bird, Amabile, Clifford,
3		-	Hernandez, Kipp, Lindstedt, Parenti, Weissman, Willford, Woodrow,
4		-	Boesenecker, Duran, Froelich, Garcia, Hamrick, Herod, Jodeh, Lindsay,
5		-	Mabrey, McCormick, Ortiz, Rutinel, Sirota, Snyder, Story, Titone, Vigil;
6		-	also SENATOR(S) Fenberg and Zenzinger, Bridges, Buckner, Cutter,
7		-	Jaquez Lewis, Kolker, Marchman, Michaelson Jenet, Priola, Winter F.
	9	+	House Committees Senate Committees
	10	+	Transportation, Housing & Local Government Finance
	11	+	Finance Appropriations
	12	+	Appropriations
	13	+	A BILL FOR AN ACT
8	14		C
9		-	ONCERNING MEASURES TO REDUCE THE IMPACT OF AVIATION ON
10		-	SURROUNDING COMMUNITIES
11		-	, AND, IN CONNECTION THEREWITH ,
12		-	MAKING AN APPROPRIATION.
13		-
14		-	Be it enacted by the General Assembly of the State of Colorado:
15		-	SECTION 1. Legislative declaration. (1) The general assembly
16		-	finds and declares that:
17		-	(a) According to the United States environmental protection agency:
18		-	(I) Aircraft that use leaded aviation gasoline are a leading source of
19		-	lead emissions in our air;
20		-	(II) Excessive exposure to lead has many harmful health effects,
21		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
22		-	officers and the Governor. To determine whether the Governor has signed the bill
23		-	or taken other action on it, please consult the legislative status sheet, the legislative
24		-	history, or the Session Laws.
25		-	________
26		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
27		-	through words or numbers indicate deletions from existing law and such material is not part of
28		-	the act. which can include adverse effects on the nervous system, kidney function,
29		-	the immune system, reproductive and developmental systems, the
30		-	cardiovascular system, and the oxygen carrying capacity of blood;
31		-	(III) Exposure to lead can cause irreversible and life-long harmful
32		-	health effects in children and pregnant individuals; and
33		-	(IV) Elevated lead in the environment can result in decreased
34		-	growth and reproduction in plants and animals and negative neurological
35		-	effects in vertebrates;
36		-	(b) According to the United States centers for disease control and
37		-	prevention, no level of lead exposure is safe for children, and even low
38		-	levels of lead in their blood are associated with developmental delays,
39		-	learning difficulties, and behavioral issues;
40		-	(c) Peer-reviewed research indicates that children who live near
41		-	airports with significant general aviation activity have elevated levels of
42		-	lead in their blood and that blood lead levels in children under five increase
43		-	as levels of atmospheric lead increase;
44		-	(d) Persistent and loud noise also has harmful health effects,
45		-	especially for children; and
46		-	(e) It is therefore necessary, appropriate, and in the best interest of
47		-	all Coloradans for the state to:
48		-	(I) Provide financial incentives in the form of an income tax credit
49		-	and a grant program to reduce the use of leaded aviation gasoline; and
50		-	(II) Create standards for an airport with significant general aviation
51		-	activity in an urban or suburban area to follow to notify the surrounding
52		-	community of its voluntary plans and procedures to reduce the impacts of
53		-	noise and lead on the community.
54		-	SECTION 2. In Colorado Revised Statutes, add 39-22-560 as
55		-	follows:
56		-	39-22-560. Tax credit for certification of aircraft to use
57		-	unleaded aviation gasoline - tax preference performance statement -
58		-	PAGE 2-HOUSE BILL 24-1235 review - legislative declaration - definitions - repeal. (1) (a) I N
59		-	ACCORDANCE WITH SECTION
60		-	39-21-304 (1), WHICH REQUIRES EACH BILL
61		-	THAT CREATES A NEW TAX EXPENDITURE TO INCLUDE A TAX PREFERENCE
62		-	PERFORMANCE STATEMENT AS PART OF A STATUTORY LEGISLATIVE
63		-	DECLARATION
64		-	, THE GENERAL ASSEMBLY FINDS AND DECLARES THAT THE
65		-	PURPOSE OF THE TAX CREDIT PROVIDED IN THIS SECTION IS TO INDUCE
66		-	CERTAIN DESIGNATED BEHAVIOR BY TAXPAYERS
67		-	, SPECIFICALLY THE
68		-	MODIFICATION OF AIRCRAFT THAT ARE POWERED BY LEADED AVIATION
69		-	GASOLINE SO THAT SUCH AIRCRAFT CAN BE CERTIFIED TO BE POWERED BY
70		-	UNLEADED AVIATION GASOLINE AND NO LONGER USE LEADED AVIATION
71		-	GASOLINE
72		-	.
73		-	(b) T
74		-	HE GENERAL ASSEMBLY AND THE STATE AUDITOR SHALL
75		-	MEASURE THE EFFECTIVENESS OF THE CREDIT IN ACHIEVING THE PURPOSE
76		-	SPECIFIED IN SUBSECTION
77		-	(1)(a) OF THIS SECTION BASED ON THE NUMBER OF
78		-	CREDITS CLAIMED
79		-	.
80		-	(2) A
81		-	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
82		-	REQUIRES
83		-	:
84		-	(a) "A
85		-	IRCRAFT" HAS THE SAME MEANING AS SET FORTH IN SECTION
86		-	43-10-102 (1).
87		-	(b) "A
88		-	VIATION GASOLINE" MEANS GASOLINE-BASED FUEL THAT IS
89		-	USED TO POWER AN AIRCRAFT
90		-	.
91		-	(c) "L
92		-	EADED AVIATION GASOLINE " MEANS ANY AVIATION FUEL
93		-	CONTAINING TETRAETHYL LEAD ADDITIVES
94		-	.
95		-	(d) "Q
96		-	UALIFYING AIRCRAFT" MEANS AN AIRCRAFT THAT HAS BEEN
97		-	POWERED BY LEADED AVIATION GASOLINE AND FOR WHICH A SUPPLEMENTAL
98		-	TYPE CERTIFICATE OR ANY OTHER AUTHORIZATION THAT APPROVES THE
99		-	COMPLETED MODIFICATION OF THE AIRCRAFT TO BE POWERED BY UNLEADED
100		-	AVIATION GASOLINE HAS BEEN ISSUED
101		-	.
102		-	(e) "Q
103		-	UALIFYING EXPENSES" MEANS ANY ACTUAL OUT-OF-POCKET
104		-	EXPENSES INCURRED AND PAID BY A QUALIFYING TAXPAYER FOR THE
105		-	PURPOSE OF MODIFYING AN AIRCRAFT REGISTERED WITH THE FEDERAL
106		-	AVIATION ADMINISTRATION IN THIS STATE SO THAT IT IS A QUALIFYING
107		-	AIRCRAFT
108		-	.
109		-	PAGE 3-HOUSE BILL 24-1235 (f) "QUALIFYING TAXPAYER" MEANS A PERSON SUBJECT TO TAX
110		-	UNDER THIS ARTICLE
111		-	22 WHO IS THE OWNER OF AN AIRCRAFT AS INDICATED
112		-	ON THE AIRCRAFT REGISTRY MAINTAINED BY THE FEDERAL AVIATION
113		-	ADMINISTRATION
114		-	.
115		-	(g) "S
116		-	UPPLEMENTAL TYPE CERTIFICATE" MEANS A TYPE CERTIFICATE
117		-	ISSUED BY THE FEDERAL AVIATION ADMINISTRATION TO AN APPLICANT THAT
118		-	HAS MODIFIED AN AERONAUTICAL PR ODUCT FROM ITS ORIGINAL DESIGN
119		-	WITH FEDERAL AVIATION ADMINISTRATION APPROVAL
120		-	.
121		-	(h) "U
122		-	NLEADED AVIATION GASOLINE " MEANS AVIATION GASOLINE
123		-	THAT DOES NOT INCLUDE LEAD
124		-	.
125		-	(3) F
126		-	OR ANY INCOME TAX YEAR COMMENCING ON OR AFTER
127		-	JANUARY 1, 2025, BUT BEFORE JANUARY 1, 2030, A QUALIFYING TAXPAYER
128		-	WHO INCURS QUALIFYING EXPENSES IS ALLOWED A CREDIT AGAINST THE
129		-	INCOME TAXES IMPOSED BY THIS ARTICLE
130		-	22 IN THE TAX YEAR IN WHICH THE
131		-	QUALIFYING AIRCRAFT IS REGISTERED BY THE FEDERAL AVIATION
132		-	ADMINISTRATION IN THIS STATE IN AN AMOUNT EQUAL TO FIFTY PERCENT OF
133		-	ALL QUALIFYING EXPENSES INCURRED
134		-	; EXCEPT THAT THE MAXIMUM AMOUNT
135		-	OF THE CREDIT THAT MAY BE CLAIMED FOR QUALIFYING EXPENSES INCURRED
136		-	IN MODIFYING ANY ONE AIRCRAFT IS FIVE HUNDRED DOLLARS
137		-	.
138		-	(4) I
139		-	F THE AMOUNT OF A CREDIT AUTHORIZED BY THIS SECTION
140		-	EXCEEDS THE AMOUNT OF INCOME TAXES OTHERWISE DUE ON THE INCOME
141		-	OF THE QUALIFYING TAXPAYER CLAIMING THE CREDIT IN THE INCOME TAX
142		-	YEAR FOR WHICH THE CREDIT IS BEING CLAIMED
143		-	, THE AMOUNT OF THE
144		-	CREDIT NOT USED AS AN OFFSET AGAINST INCOME TAXES IN THAT INCOME
145		-	TAX YEAR MAY NOT BE CARRIED FORWARD AND MUST BE REFUNDED TO THE
146		-	QUALIFYING TAXPAYER
147		-	.
148		-	(5) T
149		-	HIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2039.
150		-	SECTION 3. In Colorado Revised Statutes, 43-10-102, amend the
151		-	introductory portion and (3)(a)(VII); and add (3)(a)(IX), (3)(a)(X),
152		-	(3)(a)(XI), (3)(a)(XII), and (3)(a)(XIII) as follows:
153		-	43-10-102. Definitions. As used in this article
154		-	ARTICLE 10, unless
155		-	the context otherwise requires:
156		-	PAGE 4-HOUSE BILL 24-1235 (3) (a) "Aviation purposes" means any objective that provides direct
157		-	and indirect benefits to the state aviation system and includes, but is not
158		-	limited to:
159		-	(VII) Any acquisition of land, of any interest therein, or of any
160		-	easement through or other interest in airspace, including land for future
161		-	airport development, which is necessary to permit any such work or to
162		-	remove, mitigate, prevent, or limit the establishment of any hazard to the
163		-	safe operation of aircraft; and
164		-	(IX) DESIGN, ENGINEERING, CONSTRUCTION, INSTALLATION,
165		-	ACQUISITION, AND INSPECTION OF INFRASTRUCTURE, INCLUDING EQUIPMENT,
166		-	THAT WILL ALLOW THE SALE OF UNLEADED AVIATION GASOLINE AT A
167		-	GENERAL AVIATION AIRPORT OR AT A COMMERCIAL AIRPORT AT WHICH
168		-	THERE IS
169		-	, AS DETERMINED BY THE DIVISION, SIGNIFICANT GENERAL AVIATION
170		-	ACTIVITY
171		-	;
172		-	(X) S
173		-	UBSIDIZATION OF UNLEADED AVIATION GASOLINE AT A
174		-	GENERAL AVIATION AIRPORT OR A COMMERCIAL AIRPORT AT WHICH THERE
175		-	IS SIGNIFICANT GENERAL AVIATION ACTIVITY
176		-	, AS DETERMINED BY THE
177		-	DIVISION
178		-	;
179		-	(XI) N
180		-	OISE MONITORING DEVICES, TECHNOLOGIES, OR SYSTEMS THAT
181		-	ARE USED TO EVALUATE NOISE LEVELS FROM THE OPERATION OF AIRCRAFT
182		-	AND OTHER AVIATION ACTIVITIES AT OR NEAR AIRPORTS
183		-	;
184		-	(XII) T
185		-	HE EVALUATION, PROVISION OF EDUCATION AND TECHNICAL
186		-	ASSISTANCE TO AIRPORTS ABOUT
187		-	, PREVENTION, OR MITIGATION OF ADVERSE
188		-	IMPACTS TO THE HEALTH
189		-	, SAFETY, AND WELFARE OF INDIVIDUALS WHO
190		-	RESIDE OR WORK NEAR AN AIRPORT INCLUDING BUT NOT LIMITED TO THE
191		-	EVALUATION
192		-	, PROVISION OF EDUCATION AND TECHNICAL ASSISTANCE TO
193		-	AIRPORTS ABOUT
194		-	, PREVENTION, OR MITIGATION OF SUCH ADVERSE IMPACTS
195		-	CONDUCTED BY THE DIVISION
196		-	; AND
197		-	(XIII) AT A TIME THAT ELECTRIC AIRCRAFT TECHNOLOGY HAS BEEN
198		-	APPROPRIATELY CERTIFIED BY THE
199		-	FAA, PROVIDING FOR ON-AIRPORT
200		-	ELECTRIC AIRCRAFT CHARGING INFRASTRUCTURE
201		-	.
202		-	SECTION 4. In Colorado Revised Statutes, 43-10-103, amend (2)
203		-	introductory portion and (2)(k); and add (2)(n) and (2)(o) as follows:
204		-	PAGE 5-HOUSE BILL 24-1235 43-10-103. Division of aeronautics created - duties. (2) The
205		-	division shall provide support for the Colorado aeronautical board in
206		-	fulfilling its duties. The duties of the division shall
207		-	also include, but ARE not
208		-	be limited to, the following:
209		-	(k) Publishing information relating to aeronautics in the state; and
210		-	(n) WORKING WITH THE DEPARTMENT OF PUBLIC HEALTH AND
211		-	ENVIRONMENT AS IT CONTINUES TO PROVIDE DATA AND INFORMATION
212		-	ABOUT THE EFFECTS OF LEADED AVIATION FUEL ON HUMAN HEALTH TO THE
213		-	DEPARTMENT OF TRANSPORTATION AND AIRPORTS
214		-	; AND
215		-	(o) EDUCATING AIRPORTS WITH SIGNIFICANT GENERAL AVIATION
216		-	ACTIVITY
217		-	, AS DETERMINED BY THE DIVISION, REGARDING:
218		-	(I) T
219		-	HE NEED TO EXPEDITE THE TRANSITION FROM LEADED AVIATION
220		-	GASOLINE TO UNLEADED AVIATION GASOLINE
221		-	; AND
222		-	(II) THE PROVISIONS OF THIS ARTICLE 10, AS AMENDED BY HOUSE
223		-	BILL 24-1235, ENACTED IN 2024, THAT OFFER FUNDING FOR PROJECTS AND
224		-	UNLEADED AVIATION GASOLINE SUBSIDIES
225		-	, IF OFFERED BY THE DIVISION,
226		-	THAT SUPPORT THE TRANSITION FROM LEADED AVIATION GASOLINE TO
227		-	UNLEADED AVIATION GASOLINE AND IMPOSE REQUIREMENTS FOR ACCESSING
228		-	THAT FUNDING AND
229		-	, IF OFFERED, THOSE SUBSIDIES.
230		-	SECTION 5. In Colorado Revised Statutes, 43-10-104, amend
231		-	(1)(b), (1)(f), and (2) as follows:
232		-	43-10-104. Colorado aeronautical board - created. (1) (b) The
233		-	board consists of seven
234		-	NINE VOTING members appointed by the governor,
235		-	with the consent of the senate, for terms of three years; except that the terms
236		-	shall
237		-	MUST be staggered so that no more than three members' terms expire
238		-	in the same year.
239		-	(f) The board shall not conduct any business unless there are at least
240		-	four FIVE VOTING members of the board present.
241		-	(2) (a) The members of the board shall be chosen as follows
242		-	CONSISTS OF THE FOLLOWING MEMBERS :
243		-	PAGE 6-HOUSE BILL 24-1235 (I) Four members, two from the eastern slope and two from the
244		-	western slope of the state, representing local governments which THAT
245		-	operate airports, which members shall be selected by the governor SHALL
246		-	SELECT
247		-	from a list of nominees supplied by THOSE local governments;
248		-	(II) T
249		-	WO MEMBERS WHO ARE RESIDENTS OF COMMUNITIES THAT ARE
250		-	AFFECTED BY GENERAL AVIATION AIRPORT TRAFFIC OR TRAFFIC AT A
251		-	COMMERCIAL AIRPORT AT WHICH THERE IS SIGNIFICANT GENERAL AVIATION
252		-	ACTIVITY
253		-	, AS DETERMINED BY THE DIVISION. THE INITIAL TERMS OF THE TWO
254		-	NEW MEMBERS COMMENCE WHEN THE NEXT TERM OF AN EXISTING MEMBER
255		-	COMMENCES
256		-	, AND THE NEW MEMBERS' INITIAL TERMS MUST COMPLY WITH
257		-	THE EXISTING STAGGERING REQUIREMENT
258		-	. IN APPOINTING THESE MEMBERS,
259		-	THE GOVERNOR SHALL GIVE PRIORITY TO INDIVIDUALS WHO :
260		-	(A) A
261		-	RE NOT TRAINED PILOTS;
262		-	(B) A
263		-	RE FAMILIAR WITH AIRPORT INFRASTRUCTURE , AVIATION, AND
264		-	THE MISSION OF THE BOARD
265		-	, INCLUDING BUT NOT LIMITED TO THOSE WHO
266		-	SERVE ON AN AIRPORT COMMUNITY NOISE ROUNDTABLE
267		-	; AND
268		-	(C) RESIDE IN A COMMUNITY THAT IS SIGNIFICANTLY IMPACTED BY
269		-	NOISE OR LEAD EMISSIONS BY A HIGH
270		-	-TRAFFIC AIRPORT WITH SIGNIFICANT
271		-	GENERAL AVIATION ACTIVITY
272		-	, AS DETERMINED BY THE DIVISION;
273		-	(III) One member representing a statewide association of airport
274		-	managers;
275		-	(IV) One member representing a statewide association of pilots; and
276		-	(V) One member familiar with and supportive of the state's aviation
277		-	issues, interests, and concerns;
278		-	AND
279		-	(VI) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC
280		-	HEALTH AND ENVIRONMENT
281		-	, OR THE EXECUTIVE DIRECTOR'S DESIGNEE, WHO
282		-	IS AN EX OFFICIO NONVOTING MEMBER OF THE BOARD
283		-	.
284		-	(b) Appointments shall be made
285		-	IN ADDITION TO SATISFYING THE
286		-	REQUIREMENTS SET FORTH IN SECTION
287		-	24-20-115, THE GOVERNOR SHALL
288		-	MAKE APPOINTMENTS TO THE BOARD
289		-	so as to insure
290		-	ENSURE a balance
291		-	broadly representative of the activity level of airports throughout the state
292		-	PAGE 7-HOUSE BILL 24-1235 AND FURTHER ENSURE THAT THE RACIAL , ETHNIC, AND GENDER MAKEUP OF
293		-	THE BOARD IS REPRESENTATIVE OF COMMUNITIES THAT ARE
294		-	DISPROPORTIONATELY IMPACTED BY GENERAL AVIATION AIRPORT TRAFFIC
295		-	OR TRAFFIC AT A COMMERCIAL AIRPORT AT WHICH THERE IS SIGNIFICANT
296		-	GENERAL AVIATION ACTIVITY
297		-	, AS DETERMINED BY THE DIVISION.
298		-	SECTION 6. In Colorado Revised Statutes, 43-10-108.5, amend
299		-	(2) as follows:
300		-	43-10-108.5. State aviation system grant program.
301		-	(2) (a) E
302		-	XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (2)(c) OF THIS
303		-	SECTION
304		-	, any entity operating an FAA-designated public-use airport may
305		-	apply to the division for a state aviation system grant to be used solely for
306		-	aviation purposes. Applications shall
307		-	MUST contain such information as may
308		-	be required by the division and shall be filed in accordance with procedures
309		-	established by the division. In order to be eligible for a grant, the applicant
310		-	must demonstrate, to the satisfaction of the division, that the grant shall be
311		-	used solely for aviation purposes as defined in section 43-10-102 (3). The
312		-	division shall evaluate grant applications based upon criteria established by
313		-	the division,
314		-	AND CRITERIA SET FORTH IN SUBSECTION (2)(b) OF THIS
315		-	SECTION
316		-	, and make recommendations to the board on the awarding of
317		-	grants. Any grant proposed by the board shall
318		-	MUST be submitted to the
319		-	governor's office for review and recommendation prior to a final decision.
320		-	The governor shall accomplish his
321		-	THE GOVERNOR'S review and
322		-	recommendation within thirty days of submittal of the grant proposal by the
323		-	board. The board shall make final decisions on the awarding of grants
324		-	subject to the availability of moneys
325		-	MONEY in the aviation fund created in
326		-	section 43-10-109. The board shall establish procedures to ensure that
327		-	grants awarded pursuant to the provisions of this section are used solely for
328		-	aviation purposes as required by this subsection (2).
329		-	(b) T
330		-	HE DIVISION, WHEN EVALUATING GRANT APPLICATIONS AND
331		-	MAKING RECOMMENDATIONS TO THE BOARD AS TO THE AWARDING OF
332		-	GRANTS
333		-	; THE GOVERNOR'S OFFICE, WHEN REVIEWING REQUESTED GRANTS
334		-	RECOMMENDED BY THE DIVISION MAKING RECOMMENDATIONS REGARDING
335		-	SUCH REQUESTED GRANTS TO THE BOARD
336		-	; AND THE BOARD , WHEN
337		-	AWARDING GRANTS
338		-	, SHALL DESIGNATE THE LESSER OF TEN PERCENT OF THE
339		-	AMOUNT AWARDED IN GRANTS PER YEAR OR ONE MILLION FIVE H UNDRED
340		-	THOUSAND DOLLARS PER YEAR IN GRANTS FOR THE AVIATION PURPOSES OF
341		-	AIDING AND ACCELERATING THE TRANSITION FROM LEADED AVIATION
342		-	PAGE 8-HOUSE BILL 24-1235 GASOLINE TO UNLEADED AVIATION GASOLINE . THE BOARD SHALL PRIORITIZE
343		-	AWARDING GRANTS DESIGNATED TO ADDRESS THE TRANSITION FROM
344		-	LEADED AVIATION GASOLINE TO UNLEADED AVIATION GASOLINE TO
345		-	AIRPORTS WITH SIGNIFICANT GENERAL AVIATION TRAFFIC IN URBAN AND
346		-	SUBURBAN AREAS WHERE SURROUNDING COMMUNITIES MAY BE
347		-	DISPROPORTIONATELY IMPACTED BY SUCH TRAFFIC
348		-	. IF THE BOARD DOES NOT
349		-	RECEIVE GRANT APPLICATIONS EQUALING AT LEAST THE AMOUNT
350		-	DESIGNATED BY THE BOARD PURSUANT TO THIS SUBSECTION
351		-	(2)(b) IN ANY
352		-	GIVEN YEAR
353		-	, THE BOARD MAY USE THE REMAINDER OF THIS FUNDING FOR
354		-	OTHER AVIATION PURPOSES
355		-	.
356		-	(c) E
357		-	XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (2)(h) OF THIS
358		-	SECTION
359		-	, MONEY SHALL NOT BE EXPENDED FROM THE FUND FOR A GRANT
360		-	AWARDED PURSUANT TO THIS SECTION OR OTHERWISE TO AN AIRPORT THAT
361		-	THE DIVISION HAS IDENTIFIED AS BEING LOCATED IN A DENSELY POPULATED
362		-	RESIDENTIAL AREA OR AS HAVING A SIGNIFICANT NUMBER OF FLIGHTS OVER
363		-	A DENSELY POPULATED RESIDENTIAL AREA UNLESS THE AIRPORT OR ENTITY
364		-	OPERATING THE AIRPORT DEMONSTRATES TO THE SATISFACTION OF THE
365		-	DIVISION THAT
366		-	:
367		-	(I) B
368		-	Y JANUARY 1, 2026, IT HAS ADOPTED A PLAN FOR PHASING OUT
369		-	SALES OF LEADED AVIATION GASOLINE AT THE AIRPORT BY
370		-	JANUARY 1,
371		-	2030,
372		-	WITH EXECUTION OF THE PLAN IN ACCORDANCE WITH FAA AND
373		-	FEDERAL ENVIRONMENTAL PROTECTION AGENCY REQUIREMENTS OR OTHER
374		-	RELEVANT FEDERAL GUIDANCE
375		-	; AND
376		-	(II) IT HAS ESTABLISHED, IN CONSULTATION WITH FLIGHT SCHOOLS
377		-	AND PILOTS THAT REGULARLY USE THE AIRPORT
378		-	, A VOLUNTARY NOISE
379		-	ABATEMENT PLAN
380		-	, WITH EXECUTION OF THE NOISE ABATEMENT PLAN IN
381		-	ACCORDANCE WITH
382		-	FAA AND FEDERAL ENVIRONMENTAL PROTECTION
383		-	AGENCY REQUIREMENTS OR OTHER RELEVANT FEDERAL GUIDANCE
384		-	, SO THAT
385		-	AIRCRAFT NOISE IS NOT A SIGNIFICANT PUBLIC NUISANCE AND DOES NOT
386		-	CAUSE SIGNIFICANT ADVERSE IMPACTS TO THE HEALTH
387		-	, SAFETY, AND
388		-	WELFARE OF INDIVIDUALS RESIDING NEAR THE AIRPORT
389		-	. THE DIVISION SHALL
390		-	DEVELOP GUIDELINES FOR THE ESTABLISHMENT OF EFFECTIVE VOLUNTARY
391		-	NOISE ABATEMENT PLANS THAT MUST INCLUDE
392		-	, AT A MINIMUM:
393		-	(A) P
394		-	UBLICATION OF NOISE ABATEMENT PLANS AMONG ALL AIRPORT
395		-	OPERATORS
396		-	; AND
397		-	PAGE 9-HOUSE BILL 24-1235 (B) NOISE ABATEMENT PLAN ELEMENTS , INCLUDING, BUT NOT
398		-	LIMITED TO
399		-	, A VOLUNTARY CURFEW ON WHEN FLIGHTS MAY DEPART FROM
400		-	THE AIRPORT
401		-	; VOLUNTARY GUIDELINES ON THE NUMBER OF FLIGHTS THAT
402		-	MAY DEPART FROM THE AIRPORT WITHIN SPECIFIED PERIODS
403		-	; AND
404		-	VOLUNTARY GUIDELINES ON THE FREQUENCY OF TOUCH AND GO FLIGHTS
405		-	DURING WHICH AN AIRCRAFT TOUC HES DOWN ON A RUNWAY AND THEN
406		-	IMMEDIATELY ACCELERATES AND TAKES OFF AGAIN WITHOUT STOPPING
407		-	.
408		-	(d) (I) N
409		-	OISE ABATEMENT PLANS DEVELOPED IN ACCORDANCE WITH
410		-	SUBSECTION
411		-	(2)(c)(II) OF THIS SECTION MUST BE PROPERLY POSTED AT EACH
412		-	AIRPORT
413		-	.
414		-	(II) E
415		-	ACH AIRPORT SHALL CONDUCT MEETINGS WITH THE AIRPORT 'S
416		-	FLIGHT SCHOOLS
417		-	, FUEL OPERATORS, AND PILOTS WHO COMMONLY FLY OUT
418		-	OF THE AIRPORT ON A REGULAR BASIS TO INFORM THE PARTIES OF THE NOISE
419		-	ABATEMENT PROCEDURES AND HOW THEY MIGHT COMPLY WITH SUCH
420		-	PROCEDURES
421		-	.
422		-	(III) E
423		-	ACH AIRPORT SHALL CREATE AND POST ON ITS WEBSITE AN
424		-	INTERNAL COMMUNICATIONS PLAN DETAILING HOW THEY INTEND TO ENSURE
425		-	THAT THEIR NOISE ABATEMENT PLAN IS WELL UNDERSTOOD AND AVAILABLE
426		-	TO ALL AIRCRAFT OPERATORS
427		-	.
428		-	(e) N
429		-	OISE ABATEMENT PLANS DEVELOPED IN ACCORDANCE WITH
430		-	SUBSECTION
431		-	(2)(c)(II) OF THIS SECTION MUST BE SUBMITTED TO THE FAA
432		-	AND ARE NOT CONTINGENT ON FAA APPROVAL.
433		-	(f) I
434		-	F AN AIRPORT OR AN ENTITY OPERATING AN AIRPORT HAS ONE OR
435		-	MORE AVIGATION EASEMENTS IN PLACE
436		-	, THE AIRPORT OR ENTITY MUST
437		-	CERTIFY IN WRITING FOR EACH GRANT APPLICATION THAT THE AIRPORT OR
438		-	ENTITY IS IN COMPLIANCE WITH ALL THE EASEMENTS
439		-	.
440		-	(g) A
441		-	N AIRPORT OR AN ENTITY OPERATING AN AIRPORT MUST
442		-	CERTIFY IN WRITING FOR EACH GRANT APPLICATION THAT THE AIRPORT OR
443		-	ENTITY IS IN COMPLIANCE WITH ALL APPLICABLE FEDERAL LAWS AND
444		-	REGULATIONS
445		-	.
446		-	(h) T
447		-	HE LIMITATION ON THE EXPENDITURE OF MONEY FROM THE
448		-	FUND SET FORTH IN SUBSECTION
449		-	(2)(c) OF THIS SECTION DOES NOT APPLY TO
450		-	MONEY EXPENDED FOR AN AVIATION PROJECT THAT IS FOR AN
451		-	PAGE 10-HOUSE BILL 24-1235 INTERNATIONAL AIRPORT OR THAT IS DETERMINED BY THE DIVISION TO BE
452		-	DIRECTLY UTILIZED TOWARDS THE TRANSITION FROM LEADED AVIATION
453		-	GASOLINE TO UNLEADED AVIATION GASOLINE
454		-	, INCLUDING BUT NOT LIMITED
455		-	TO IMPROVEMENTS
456		-	, ADDITIONS, AND MODIFICATIONS DESCRIBED IN SECTION
457		-	43-10-102 (3)(a)(IX) TO (3)(a)(XII), FOR THE HEALTH, SAFETY, AND
458		-	WELFARE OF INDIVIDUALS WHO RESIDE NEAR THE AIRPORT AT WHICH THE
459		-	AVIATION PROJECT WILL BE COMPLETED
460		-	.
461		-	SECTION 7. In Colorado Revised Statutes, add 43-10-118 as
462		-	follows:
463		-	43-10-118. Adverse impacts - evaluation and provision of
464		-	education, and technical assistance. (1) (a) T
465		-	HE DIVISION SHALL
466		-	EVALUATE
467		-	, AND EDUCATE AND PROVIDE TECHNICAL ASSISTANCE TO
468		-	AIRPORTS ABOUT
469		-	, THE ADVERSE IMPACTS OF AIRCRAFT NOISE ON HEALTH ,
470		-	SAFETY, AND WELFARE. THE DIVISION SHALL PRIORITIZE THIS EVALUATION,
471		-	EDUCATION, AND TECHNICAL ASSISTANCE AT AIRPORTS WITH SIGNIFICANT
472		-	GENERAL AVIATION ACTIVITY THAT THE DIVISION HAS IDENTIFIED AS BEING
473		-	LOCATED IN DENSELY POPULATED RESIDENTIAL AREAS OR AS HAVING A
474		-	SIGNIFICANT NUMBER OF FLIGHTS OVER DENSELY POPULATED RESIDENTIAL
475		-	AREAS
476		-	.
477		-	(b) T
478		-	HE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT SHALL
479		-	CONTINUE TO ENCOURAGE TESTING IN HIGH
480		-	-RISK AREAS FOR THE PRESENCE
481		-	OF LEAD IN THE BLOOD OF INDIVIDUALS WHO RESIDE OR WORK NEAR SUCH
482		-	AIRPORTS OR CHILDREN WHO ATTEND SCHOOLS OR CHILD CARE FACILITIES
483		-	NEAR SUCH AIRPORTS
484		-	.
485		-	SECTION 8. Appropriation. (1) For the 2024-25 state fiscal year,
486		-	$44,609 is appropriated to the department of revenue. This appropriation is
487		-	from the general fund. To implement this act, the department may use this
488		-	appropriation as follows:
489		-	(a) $26,651 for tax administration IT system (GenTax) support;
490		-	(b) $4,832 for personal services related to taxation services;
491		-	(c) $10,535 for personal services related to administration and
492		-	support; and
493		-	PAGE 11-HOUSE BILL 24-1235 (d) $2,591 for IDS print production.
494		-	(2) For the 2024-25 state fiscal year, $2,591 is appropriated to the
495		-	department of personnel. This appropriation is from reappropriated funds
496		-	received from the department of revenue under subsection (1)(d) of this
497		-	section. To implement this act, the department of personnel may use this
498		-	appropriation to provide document management services for the department
499		-	of revenue.
500		-	SECTION 9. Safety clause. The general assembly finds,
501		-	determines, and declares that this act is necessary for the immediate
502		-	PAGE 12-HOUSE BILL 24-1235 preservation of the public peace, health, or safety or for appropriations for
503		-	the support and maintenance of the departments of the state and state
504		-	institutions.
505		-	____________________________ ____________________________
506		-	Julie McCluskie Steve Fenberg
507		-	SPEAKER OF THE HOUSE PRESIDENT OF
508		-	OF REPRESENTATIVES THE SENATE
509		-	____________________________ ____________________________
510		-	Robin Jones Cindi L. Markwell
511		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
512		-	OF REPRESENTATIVES THE SENATE
513		-	APPROVED________________________________________
514		-	(Date and Time)
515		-	_________________________________________
516		-	Jared S. Polis
517		-	GOVERNOR OF THE STATE OF COLORADO
518		-	PAGE 13-HOUSE BILL 24-1235
	15	+	ONCERNING MEASURES TO REDUCE THE IMPACT OF AVIATION ON101
	16	+	SURROUNDING
	17	+	COMMUNITIES, AND, IN CONNECTION THEREWITH,102
	18	+	MAKING AN APPROPRIATION .103
	19	+	Bill Summary
	20	+	(Note: This summary applies to this bill as introduced and does
	21	+	not reflect any amendments that may be subsequently adopted. If this bill
	22	+	passes third reading in the house of introduction, a bill summary that
	23	+	applies to the reengrossed version of this bill will be available at
	24	+	http://leg.colorado.gov
	25	+	.)
	26	+	Section 3 of the bill creates a state income tax credit for owners of
	27	+	aircraft that incur qualified expenses to enable an aircraft that is powered
	28	+	by leaded aviation gasoline to be certified to instead be powered by
	29	+	unleaded aviation gasoline. Sections 4 and 8 provide explicit authority
	30	+	in the existing state aviation grant program (grant program) for aviation
	31	+	SENATE
	32	+	3rd Reading Unamended
	33	+	April 29, 2024
	34	+	SENATE
	35	+	2nd Reading Unamended
	36	+	April 26, 2024
	37	+	HOUSE
	38	+	3rd Reading Unamended
	39	+	April 17, 2024
	40	+	HOUSE
	41	+	Amended 2nd Reading
	42	+	April 15, 2024
	43	+	HOUSE SPONSORSHIP
	44	+	Brown and Bird, Amabile, Clifford, Hernandez, Kipp, Lindstedt, Parenti, Weissman,
	45	+	Willford, Woodrow, Boesenecker, Duran, Froelich, Garcia, Hamrick, Herod, Jodeh, Lindsay,
	46	+	Mabrey, McCormick, Ortiz, Rutinel, Sirota, Snyder, Story, Titone, Vigil
	47	+	SENATE SPONSORSHIP
	48	+	Fenberg and Zenzinger, Bridges, Buckner, Cutter, Jaquez Lewis, Kolker, Marchman,
	49	+	Michaelson Jenet, Priola, Winter F.
	50	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	51	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	52	+	Dashes through the words or numbers indicate deletions from existing law. fund (fund) grants to general aviation airports and commercial airports at
	53	+	which there is significant general aviation activity to fund the design,
	54	+	engineering, construction, installation, acquisition, and inspection of
	55	+	infrastructure, including equipment, that allows the sale of unleaded
	56	+	aviation gasoline at such airports and to subsidize purchases of unleaded
	57	+	aviation gasoline at such airports.
	58	+	Section 6 increases the Colorado aeronautical board (board) from
	59	+	7 to 9 voting members by requiring the appointment of 2 members who
	60	+	are residents of communities that are affected by general aviation airport
	61	+	traffic or traffic at a commercial airport at which there is significant
	62	+	general aviation activity and makes the executive director of the
	63	+	department of public health and environment (CDPHE), or the executive
	64	+	director's designee, an ex officio nonvoting member of the board. In
	65	+	appointing the 2 new voting members, the governor is required to give
	66	+	priority to individuals who are not trained pilots and who reside directly
	67	+	in the predominant flight path of a high-traffic general aviation airport or
	68	+	a commercial airport at which there is significant general aviation activity
	69	+	and in an area that has a population density of more than 3,000
	70	+	individuals per square mile.
	71	+	Section 8 requires prioritization of grant program grants to general
	72	+	aviation airports or commercial airports at which there is significant
	73	+	general aviation activity, as determined by the division of aeronautics
	74	+	(division), in urban or suburban areas that use a predominant flight
	75	+	pattern that includes a county or municipality that has a population
	76	+	density of more than 3,000 individuals per square mile.
	77	+	Section 8 also prohibits money from being expended from the
	78	+	fund for an airport that the division has identified as being located in a
	79	+	densely populated residential area or as having a significant number of
	80	+	flights over a densely populated residential area unless the airport or
	81	+	entity operating the airport demonstrates to the satisfaction of the division
	82	+	that:
	83	+	! By January 1, 2026, it has adopted a plan for phasing out
	84	+	sales of leaded aviation gasoline at the airport;
	85	+	! It has voluntarily established and enforces an effective
	86	+	noise mitigation plan in accordance with specified criteria,
	87	+	requirements, or guidelines that the division is required to
	88	+	develop; and
	89	+	! It complies with the requirements of any avigation
	90	+	easements or contracts that it has entered into.
	91	+	However, the limitation on the expenditure of money from the fund does
	92	+	not apply to money expended for an aviation project that is determined by
	93	+	the division to be designed and intended to mitigate significant adverse
	94	+	impacts on the health, safety, and welfare of individuals who reside near
	95	+	the airport at which the aviation project will be completed. Section 7
	96	+	imposes similar limitations on certain federal money that the state may
	97	+	1235
	98	+	-2- apply to receive for aviation purposes.
	99	+	Section 9 requires the division and CDPHE to work together to
	100	+	evaluate, prevent, and mitigate the adverse impacts of aircraft noise and
	101	+	the use of leaded aviation gasoline on public health, safety, and welfare
	102	+	and specifies prioritization and other minimum requirements for the
	103	+	mitigation activities.
	104	+	Section 9 also creates the unleaded aviation gasoline enterprise in
	105	+	the aeronautics division of the department of transportation for the
	106	+	purpose of remediating impacts caused by the use of leaded aviation
	107	+	gasoline by imposing a leaded aviation gasoline impact remediation fee
	108	+	on purchases of leaded aviation gasoline and using fee revenue to provide
	109	+	grants, loans, and rebates to fund infrastructure and programs at general
	110	+	aviation airports that are designed to increase the use of unleaded aviation
	111	+	gasoline in lieu of leaded aviation gasoline.
	112	+	Be it enacted by the General Assembly of the State of Colorado:1
	113	+	SECTION 1. Legislative declaration. (1) The general assembly2
	114	+	finds and declares that:3
	115	+	(a) According to the United States environmental protection4
	116	+	agency:5
	117	+	(I) Aircraft that use leaded aviation gasoline are a leading source6
	118	+	of lead emissions in our air;7
	119	+	(II) Excessive exposure to lead has many harmful health effects,8
	120	+	which can include adverse effects on the nervous system, kidney function,9
	121	+	the immune system, reproductive and developmental systems, the10
	122	+	cardiovascular system, and the oxygen carrying capacity of blood;11
	123	+	(III) Exposure to lead can cause irreversible and life-long harmful12
	124	+	health effects in children and pregnant individuals; and 13
	125	+	(IV) Elevated lead in the environment can result in decreased14
	126	+	growth and reproduction in plants and animals and negative neurological15
	127	+	effects in vertebrates;16
	128	+	(b) According to the United States centers for disease control and17
	129	+	1235-3- prevention, no level of lead exposure is safe for children, and even low1
	130	+	levels of lead in their blood are associated with developmental delays,2
	131	+	learning difficulties, and behavioral issues;3
	132	+	(c) Peer-reviewed research indicates that children who live near4
	133	+	airports with significant general aviation activity have elevated levels of5
	134	+	lead in their blood and that blood lead levels in children under five6
	135	+	increase as levels of atmospheric lead increase;7
	136	+	(d) Persistent and loud noise also has harmful health effects,8
	137	+	especially for children; and9
	138	+	(e) It is therefore necessary, appropriate, and in the best interest10
	139	+	of all Coloradans for the state to:11
	140	+	(I) Provide financial incentives in the form of an income tax credit12
	141	+	and a grant program to reduce the use of leaded aviation gasoline; and13
	142	+	(II) Create standards for an airport with significant general14
	143	+	aviation activity in an urban or suburban area to follow to notify the15
	144	+	surrounding community of its voluntary plans and procedures to reduce16
	145	+	the impacts of noise and lead on the community.17
	146	+	SECTION 2. In Colorado Revised Statutes, add 39-22-560 as18
	147	+	follows:19
	148	+	39-22-560. Tax credit for certification of aircraft to use20
	149	+	unleaded aviation gasoline - tax preference performance statement21
	150	+	- review - legislative declaration - definitions - repeal. (1) (a) IN22
	151	+	ACCORDANCE WITH SECTION 39-21-304 (1), WHICH REQUIRES EACH BILL23
	152	+	THAT CREATES A NEW TAX EXPENDITURE TO INCLUDE A TAX PREFERENCE24
	153	+	PERFORMANCE STATEMENT AS PART OF A STATUTORY LEGISLATIVE25
	154	+	DECLARATION, THE GENERAL ASSEMBLY FINDS AND DECLARES THAT THE26
	155	+	PURPOSE OF THE TAX CREDIT PROVIDED IN THIS SECTION IS TO INDUCE27
	156	+	1235
	157	+	-4- CERTAIN DESIGNATED BEHAVIOR BY TAXPAYERS, SPECIFICALLY THE1
	158	+	MODIFICATION OF AIRCRAFT THAT ARE POWERED BY LEADED AVIATION2
	159	+	GASOLINE SO THAT SUCH AIRCRAFT CAN BE CERTIFIED TO BE POWERED BY3
	160	+	UNLEADED AVIATION GASOLINE AND NO LONGER USE LEADED AVIATION4
	161	+	GASOLINE.5
	162	+	(b) THE GENERAL ASSEMBLY AND THE STATE AUDITOR SHALL6
	163	+	MEASURE THE EFFECTIVENESS OF THE CREDIT IN ACHIEVING THE PURPOSE7
	164	+	SPECIFIED IN SUBSECTION (1)(a) OF THIS SECTION BASED ON THE NUMBER8
	165	+	OF CREDITS CLAIMED.9
	166	+	(2) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE10
	167	+	REQUIRES:11
	168	+	(a) "AIRCRAFT" HAS THE SAME MEANING AS SET FORTH IN SECTION12
	169	+	43-10-102 (1).13
	170	+	(b) "AVIATION GASOLINE" MEANS GASOLINE-BASED FUEL THAT IS14
	171	+	USED TO POWER AN AIRCRAFT.15
	172	+	(c) "LEADED AVIATION GASOLINE" MEANS ANY AVIATION FUEL16
	173	+	CONTAINING TETRAETHYL LEAD ADDITIVES .17
	174	+	(d) "QUALIFYING AIRCRAFT" MEANS AN AIRCRAFT THAT HAS BEEN18
	175	+	POWERED BY LEADED AVIATION GASOLINE AND FOR WHICH A19
	176	+	SUPPLEMENTAL TYPE CERTIFICATE OR ANY OTHER AUTHORIZATION THAT20
	177	+	APPROVES THE COMPLETED MODIFICATION OF THE AIRCRAFT TO BE21
	178	+	POWERED BY UNLEADED AVIATION GASOLINE HAS BEEN ISSUED .22
	179	+	(e) "QUALIFYING EXPENSES" MEANS ANY ACTUAL OUT-OF-POCKET23
	180	+	EXPENSES INCURRED AND PAID BY A QUALIFYING TAXPAYER FOR THE24
	181	+	PURPOSE OF MODIFYING AN AIRCRAFT REGISTERED WITH THE FEDERAL25
	182	+	AVIATION ADMINISTRATION IN THIS STATE SO THAT IT IS A QUALIFYING26
	183	+	AIRCRAFT.27
	184	+	1235
	185	+	-5- (f) "QUALIFYING TAXPAYER" MEANS A PERSON SUBJECT TO TAX1
	186	+	UNDER THIS ARTICLE 22 WHO IS THE OWNER OF AN AIRCRAFT AS2
	187	+	INDICATED ON THE AIRCRAFT REGISTRY MAINTAINED BY THE FEDERAL3
	188	+	AVIATION ADMINISTRATION.4
	189	+	(g) "SUPPLEMENTAL TYPE CERTIFICATE" MEANS A TYPE5
	190	+	CERTIFICATE ISSUED BY THE FEDERAL AVIATION ADMINISTRATION TO AN6
	191	+	APPLICANT THAT HAS MODIFIED AN AERONAUTICAL PRODUCT FROM ITS7
	192	+	ORIGINAL DESIGN WITH FEDERAL AVIATION ADMINISTRATION APPROVAL. 8
	193	+	(h) "UNLEADED AVIATION GASOLINE" MEANS AVIATION GASOLINE9
	194	+	THAT DOES NOT INCLUDE LEAD.10
	195	+	(3) FOR ANY INCOME TAX YEAR COMMENCING ON OR AFTER11
	196	+	JANUARY 1, 2025, BUT BEFORE JANUARY 1, 2030, A QUALIFYING12
	197	+	TAXPAYER WHO INCURS QUALIFYING EXPENSES IS ALLOWED A CREDIT13
	198	+	AGAINST THE INCOME TAXES IMPOSED BY THIS ARTICLE 22 IN THE TAX14
	199	+	YEAR IN WHICH THE QUALIFYING AIRCRAFT IS REGISTERED BY THE15
	200	+	FEDERAL AVIATION ADMINISTRATION IN THIS STATE IN AN AMOUNT EQUAL16
	201	+	TO FIFTY PERCENT OF ALL QUALIFYING EXPENSES INCURRED; EXCEPT THAT17
	202	+	THE MAXIMUM AMOUNT OF THE CREDIT THAT MAY BE CLAIMED FOR18
	203	+	QUALIFYING EXPENSES INCURRED IN MODIFYING ANY ONE AIRCRAFT IS19
	204	+	FIVE HUNDRED DOLLARS.20
	205	+	(4) IF THE AMOUNT OF A CREDIT AUTHORIZED BY THIS SECTION21
	206	+	EXCEEDS THE AMOUNT OF INCOME TAXES OTHERWISE DUE ON THE INCOME22
	207	+	OF THE QUALIFYING TAXPAYER CLAIMING THE CREDIT IN THE INCOME TAX23
	208	+	YEAR FOR WHICH THE CREDIT IS BEING CLAIMED, THE AMOUNT OF THE24
	209	+	CREDIT NOT USED AS AN OFFSET AGAINST INCOME TAXES IN THAT INCOME25
	210	+	TAX YEAR MAY NOT BE CARRIED FORWARD AND MUST BE REFUNDED TO26
	211	+	THE QUALIFYING TAXPAYER.27
	212	+	1235
	213	+	-6- (5) THIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2039.1
	214	+	SECTION 3. In Colorado Revised Statutes, 43-10-102, amend2
	215	+	the introductory portion and (3)(a)(VII); and add (3)(a)(IX), (3)(a)(X),3
	216	+	(3)(a)(XI), (3)(a)(XII), and (3)(a)(XIII) as follows:4
	217	+	43-10-102. Definitions. As used in this article ARTICLE 10, unless5
	218	+	the context otherwise requires:6
	219	+	(3) (a) "Aviation purposes" means any objective that provides7
	220	+	direct and indirect benefits to the state aviation system and includes, but8
	221	+	is not limited to:9
	222	+	(VII) Any acquisition of land, of any interest therein, or of any10
	223	+	easement through or other interest in airspace, including land for future11
	224	+	airport development, which is necessary to permit any such work or to12
	225	+	remove, mitigate, prevent, or limit the establishment of any hazard to the13
	226	+	safe operation of aircraft; and14
	227	+	(IX) DESIGN, ENGINEERING, CONSTRUCTION, INSTALLATION,15
	228	+	ACQUISITION, AND INSPECTION OF INFRASTRUCTURE , INCLUDING16
	229	+	EQUIPMENT, THAT WILL ALLOW THE SALE OF UNLEADED AVIATION17
	230	+	GASOLINE AT A GENERAL AVIATION AIRPORT OR AT A COMMERCIAL18
	231	+	AIRPORT AT WHICH THERE IS, AS DETERMINED BY THE DIVISION ,19
	232	+	SIGNIFICANT GENERAL AVIATION ACTIVITY ;20
	233	+	(X) SUBSIDIZATION OF UNLEADED AVIATION GASOLINE AT A21
	234	+	GENERAL AVIATION AIRPORT OR A COMMERCIAL AIRPORT AT WHICH THERE22
	235	+	IS SIGNIFICANT GENERAL AVIATION ACTIVITY, AS DETERMINED BY THE23
	236	+	DIVISION;24
	237	+	(XI) NOISE MONITORING DEVICES, TECHNOLOGIES, OR SYSTEMS25
	238	+	THAT ARE USED TO EVALUATE NOISE LEVELS FROM THE OPERATION OF26
	239	+	AIRCRAFT AND OTHER AVIATION ACTIVI TIES AT OR NEAR AIRPORTS; 27
	240	+	1235
	241	+	-7- (XII) THE EVALUATION, PROVISION OF EDUCATION AND1
	242	+	TECHNICAL ASSISTANCE TO AIRPORTS ABOUT, PREVENTION, OR2
	243	+	MITIGATION OF ADVERSE IMPACTS TO THE HEALTH, SAFETY, AND WELFARE3
	244	+	OF INDIVIDUALS WHO RESIDE OR WORK NEAR AN AIRPORT INCLUDING BUT4
	245	+	NOT LIMITED TO THE EVALUATION, PROVISION OF EDUCATION AND5
	246	+	TECHNICAL ASSISTANCE TO AIRPORTS ABOUT, PREVENTION, OR6
	247	+	MITIGATION OF SUCH ADVERSE IMPACTS CONDUCTED BY THE DIVISION;7
	248	+	AND8
	249	+	(XIII) AT A TIME THAT ELECTRIC AIRCRAFT TECHNOLOGY HAS9
	250	+	BEEN APPROPRIATELY CERTIFIED BY THE FAA, PROVIDING FOR10
	251	+	ON-AIRPORT ELECTRIC AIRCRAFT CHARGING INFRASTRUCTURE .11
	252	+	SECTION 4. In Colorado Revised Statutes, 43-10-103, amend12
	253	+	(2) introductory portion and (2)(k); and add (2)(n) and (2)(o) as follows:13
	254	+	43-10-103. Division of aeronautics created - duties. (2) The14
	255	+	division shall provide support for the Colorado aeronautical board in15
	256	+	fulfilling its duties. The duties of the division shall also include, but ARE16
	257	+	not be limited to, the following:17
	258	+	(k) Publishing information relating to aeronautics in the state; and18
	259	+	(n) WORKING WITH THE DEPARTMENT OF PUBLIC HEALTH AND19
	260	+	ENVIRONMENT AS IT CONTINUES TO PROVIDE DATA AND INFORMATION20
	261	+	ABOUT THE EFFECTS OF LEADED AVIATION FUEL ON HUMAN HEALTH TO21
	262	+	THE DEPARTMENT OF TRANSPORTATION AND AIRPORTS ; AND22
	263	+	(o) EDUCATING AIRPORTS WITH SIGNIFICANT GENERAL AVIATION23
	264	+	ACTIVITY, AS DETERMINED BY THE DIVISION, REGARDING:24
	265	+	(I) THE NEED TO EXPEDITE THE TRANSITION FROM LEADED25
	266	+	AVIATION GASOLINE TO UNLEADED AVIATION GASOLINE ; AND26
	267	+	(II) THE PROVISIONS OF THIS ARTICLE 10, AS AMENDED BY HOUSE27
	268	+	1235
	269	+	-8- BILL 24-1235, ENACTED IN 2024, THAT OFFER FUNDING FOR PROJECTS AND1
	270	+	UNLEADED AVIATION GASOLINE SUBSIDIES, IF OFFERED BY THE DIVISION,2
	271	+	THAT SUPPORT THE TRANSITION FROM LEADED AVIATION GASOLINE TO3
	272	+	UNLEADED AVIATION GASOLINE AND IMPOSE REQUIREMENTS FOR4
	273	+	ACCESSING THAT FUNDING AND , IF OFFERED, THOSE SUBSIDIES.5
	274	+	SECTION 5. In Colorado Revised Statutes, 43-10-104, amend6
	275	+	(1)(b), (1)(f), and (2) as follows:7
	276	+	43-10-104. Colorado aeronautical board - created. (1) (b) The8
	277	+	board consists of seven NINE VOTING members appointed by the governor,9
	278	+	with the consent of the senate, for terms of three years; except that the10
	279	+	terms shall MUST be staggered so that no more than three members' terms11
	280	+	expire in the same year.12
	281	+	(f) The board shall not conduct any business unless there are at13
	282	+	least four FIVE VOTING members of the board present.14
	283	+	(2) (a) The members of the board shall be chosen as follows15
	284	+	CONSISTS OF THE FOLLOWING MEMBERS :16
	285	+	(I) Four members, two from the eastern slope and two from the17
	286	+	western slope of the state, representing local governments which THAT18
	287	+	operate airports, which members shall be selected by the governor SHALL19
	288	+	SELECT from a list of nominees supplied by THOSE local governments;20
	289	+	(II) TWO MEMBERS WHO ARE RESIDENTS OF COMMUNITIES THAT21
	290	+	ARE AFFECTED BY GENERAL AVIATION AIRPORT TRAFFIC OR TRAFFIC AT A22
	291	+	COMMERCIAL AIRPORT AT WHICH THERE IS SIGNIFICANT GENERAL23
	292	+	AVIATION ACTIVITY, AS DETERMINED BY THE DIVISION. THE INITIAL TERMS24
	293	+	OF THE TWO NEW MEMBERS COMMENCE WHEN THE NEXT TERM OF AN25
	294	+	EXISTING MEMBER COMMENCES, AND THE NEW MEMBERS' INITIAL TERMS26
	295	+	MUST COMPLY WITH THE EXISTING STAGGERING REQUIREMENT. IN27
	296	+	1235
	297	+	-9- APPOINTING THESE MEMBERS, THE GOVERNOR SHALL GIVE PRIORITY TO1
	298	+	INDIVIDUALS WHO:2
	299	+	(A) ARE NOT TRAINED PILOTS;3
	300	+	(B) ARE FAMILIAR WITH AIRPORT INFRASTRUCTURE, AVIATION,4
	301	+	AND THE MISSION OF THE BOARD, INCLUDING BUT NOT LIMITED TO THOSE5
	302	+	WHO SERVE ON AN AIRPORT COMMUNITY NOISE ROUNDTABLE ; AND6
	303	+	(C) RESIDE IN A COMMUNITY THAT IS SIGNIFICANTLY IMPACTED BY7
	304	+	NOISE OR LEAD EMISSIONS BY A HIGH-TRAFFIC AIRPORT WITH SIGNIFICANT8
	305	+	GENERAL AVIATION ACTIVITY, AS DETERMINED BY THE DIVISION;9
	306	+	(III) One member representing a statewide association of airport10
	307	+	managers;11
	308	+	(IV) One member representing a statewide association of pilots;12
	309	+	and13
	310	+	(V) One member familiar with and supportive of the state's14
	311	+	aviation issues, interests, and concerns; AND15
	312	+	(VI) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC16
	313	+	HEALTH AND ENVIRONMENT, OR THE EXECUTIVE DIRECTOR'S DESIGNEE,17
	314	+	WHO IS AN EX OFFICIO NONVOTING MEMBER OF THE BOARD .18
	315	+	(b) Appointments shall be made IN ADDITION TO SATISFYING THE19
	316	+	REQUIREMENTS SET FORTH IN SECTION 24-20-115, THE GOVERNOR SHALL20
	317	+	MAKE APPOINTMENTS TO THE BOARD so as to insure ENSURE a balance21
	318	+	broadly representative of the activity level of airports throughout the state22
	319	+	AND FURTHER ENSURE THAT THE RACIAL , ETHNIC, AND GENDER MAKEUP23
	320	+	OF THE BOARD IS REPRESENTATIVE OF COMMUNITIES THAT ARE24
	321	+	DISPROPORTIONATELY IMPACTED BY GENERAL AVIATION AIRPORT TRAFFIC25
	322	+	OR TRAFFIC AT A COMMERCIAL AIRPORT AT WHICH THERE IS SIGNIFICANT26
	323	+	GENERAL AVIATION ACTIVITY, AS DETERMINED BY THE DIVISION.27
	324	+	1235
	325	+	-10- SECTION 6. In Colorado Revised Statutes, 43-10-108.5, amend1
	326	+	(2) as follows:2
	327	+	43-10-108.5. State aviation system grant program.3
	328	+	(2) (a) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (2)(c) OF THIS4
	329	+	SECTION, any entity operating an FAA-designated public-use airport may5
	330	+	apply to the division for a state aviation system grant to be used solely for6
	331	+	aviation purposes. Applications shall MUST contain such information as7
	332	+	may be required by the division and shall be filed in accordance with8
	333	+	procedures established by the division. In order to be eligible for a grant,9
	334	+	the applicant must demonstrate, to the satisfaction of the division, that the10
	335	+	grant shall be used solely for aviation purposes as defined in section11
	336	+	43-10-102 (3). The division shall evaluate grant applications based upon12
	337	+	criteria established by the division, AND CRITERIA SET FORTH IN13
	338	+	SUBSECTION (2)(b) OF THIS SECTION, and make recommendations to the14
	339	+	board on the awarding of grants. Any grant proposed by the board shall15
	340	+	MUST be submitted to the governor's office for review and16
	341	+	recommendation prior to a final decision. The governor shall accomplish17
	342	+	his THE GOVERNOR'S review and recommendation within thirty days of18
	343	+	submittal of the grant proposal by the board. The board shall make final19
	344	+	decisions on the awarding of grants subject to the availability of moneys20
	345	+	MONEY in the aviation fund created in section 43-10-109. The board shall21
	346	+	establish procedures to ensure that grants awarded pursuant to the22
	347	+	provisions of this section are used solely for aviation purposes as required23
	348	+	by this subsection (2).24
	349	+	(b) THE DIVISION, WHEN EVALUATING GRANT APPLICATIONS AND25
	350	+	MAKING RECOMMENDATIONS TO THE BOARD AS TO THE AWARDING OF26
	351	+	GRANTS; THE GOVERNOR'S OFFICE, WHEN REVIEWING REQUESTED GRANTS27
	352	+	1235
	353	+	-11- RECOMMENDED BY THE DIVISION MAKING RECOMMENDATIONS REGARDING1
	354	+	SUCH REQUESTED GRANTS TO THE BOARD ; AND THE BOARD, WHEN2
	355	+	AWARDING GRANTS, SHALL DESIGNATE THE LESSER OF TEN PERCENT OF3
	356	+	THE AMOUNT AWARDED IN GRANTS PER YEAR OR ONE MILLION FIVE4
	357	+	HUNDRED THOUSAND DOLLARS PER YEAR IN GRANTS FOR THE AVIATION5
	358	+	PURPOSES OF AIDING AND ACCELERATING THE TRANSITION FROM LEADED6
	359	+	AVIATION GASOLINE TO UNLEADED AVIATION GASOLINE . THE BOARD7
	360	+	SHALL PRIORITIZE AWARDING GRANTS DESIGNATED TO ADDRESS THE8
	361	+	TRANSITION FROM LEADED AVIATION GASOLINE TO UNLEADED AVIATION9
	362	+	GASOLINE TO AIRPORTS WITH SIGNIFICANT GENERAL AVIATION TRAFFIC IN10
	363	+	URBAN AND SUBURBAN AREAS WHERE SURROUNDING COMMUNITIES MAY11
	364	+	BE DISPROPORTIONATELY IMPACTED BY SUCH TRAFFIC . IF THE BOARD DOES12
	365	+	NOT RECEIVE GRANT APPLICATIONS EQUALING AT LEAST THE AMOUNT13
	366	+	DESIGNATED BY THE BOARD PURSUANT TO THIS SUBSECTION (2)(b) IN ANY14
	367	+	GIVEN YEAR, THE BOARD MAY USE THE REMAINDER OF THIS FUNDING FOR15
	368	+	OTHER AVIATION PURPOSES.16
	369	+	(c) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (2)(h) OF17
	370	+	THIS SECTION, MONEY SHALL NOT BE EXPENDED FROM THE FUND FOR A18
	371	+	GRANT AWARDED PURSUANT TO THIS SECTION OR OTHERWISE TO AN19
	372	+	AIRPORT THAT THE DIVISION HAS IDENTIFIED AS BEING LOCATED IN A20
	373	+	DENSELY POPULATED RESIDENTIAL AREA OR AS HAVING A SIGNIFICANT21
	374	+	NUMBER OF FLIGHTS OVER A DENSELY POPULATED RESIDENTIAL AREA22
	375	+	UNLESS THE AIRPORT OR ENTITY OPERATING THE AIRPORT DEMONSTRATES23
	376	+	TO THE SATISFACTION OF THE DIVISION THAT:24
	377	+	(I) BY JANUARY 1, 2026, IT HAS ADOPTED A PLAN FOR PHASING25
	378	+	OUT SALES OF LEADED AVIATION GASOLINE AT THE AIRPORT BY JANUARY26
	379	+	1, 2030, WITH EXECUTION OF THE PLAN IN ACCORDANCE WITH FAA AND27
	380	+	1235
	381	+	-12- FEDERAL ENVIRONMENTA L PROTECTION AGENCY REQUIREMENTS OR1
	382	+	OTHER RELEVANT FEDERAL GUIDANCE ; AND2
	383	+	(II) IT HAS ESTABLISHED, IN CONSULTATION WITH FLIGHT SCHOOLS3
	384	+	AND PILOTS THAT REGULARLY USE THE AIRPORT, A VOLUNTARY NOISE4
	385	+	ABATEMENT PLAN, WITH EXECUTION OF THE NOISE ABATEMENT PLAN IN5
	386	+	ACCORDANCE WITH FAA AND FEDERAL ENVIRONMENTAL PROTECTION6
	387	+	AGENCY REQUIREMENTS OR OTHER RELEVANT FEDERAL GUIDANCE, SO7
	388	+	THAT AIRCRAFT NOISE IS NOT A SIGNIFICANT PUBLIC NUISANCE AND DOES8
	389	+	NOT CAUSE SIGNIFICANT ADVERSE IMPACTS TO THE HEALTH, SAFETY, AND9
	390	+	WELFARE OF INDIVIDUALS RESIDING NEAR THE AIRPORT. THE DIVISION10
	391	+	SHALL DEVELOP GUIDELINES FOR THE ESTABLISHMENT OF EFFECTIVE11
	392	+	VOLUNTARY NOISE ABATEMENT PLANS THAT MUST INCLUDE , AT A12
	393	+	MINIMUM:13
	394	+	(A) PUBLICATION OF NOISE ABATEMENT PLANS AMONG ALL14
	395	+	AIRPORT OPERATORS; AND15
	396	+	(B) NOISE ABATEMENT PLAN ELEMENTS, INCLUDING, BUT NOT16
	397	+	LIMITED TO, A VOLUNTARY CURFEW ON WHEN FLIGHTS MAY DEPART FROM17
	398	+	THE AIRPORT; VOLUNTARY GUIDELINES ON THE NUMBER OF FLIGHTS THAT18
	399	+	MAY DEPART FROM THE AIRPORT WITHIN SPECIFIED PERIODS ; AND19
	400	+	VOLUNTARY GUIDELINES ON THE FREQUENCY OF TOUCH AND GO FLIGHTS20
	401	+	DURING WHICH AN AIRCRAFT TOUCHES DOWN ON A RUNWAY AND THEN21
	402	+	IMMEDIATELY ACCELERATES AND TAKES OFF AGAIN WITHOUT STOPPING.22
	403	+	(d) (I) NOISE ABATEMENT PLANS DEVELOPED IN ACCORDANCE23
	404	+	WITH SUBSECTION (2)(c)(II) OF THIS SECTION MUST BE PROPERLY POSTED24
	405	+	AT EACH AIRPORT.25
	406	+	(II) EACH AIRPORT SHALL CONDUCT MEETINGS WITH THE26
	407	+	AIRPORT'S FLIGHT SCHOOLS, FUEL OPERATORS, AND PILOTS WHO27
	408	+	1235
	409	+	-13- COMMONLY FLY OUT OF THE AIRPORT ON A REGULAR BASIS TO INFORM THE1
	410	+	PARTIES OF THE NOISE ABATEMENT PROCEDURES AND HOW THEY MIGHT2
	411	+	COMPLY WITH SUCH PROCEDURES .3
	412	+	(III) EACH AIRPORT SHALL CREATE AND POST ON ITS WEBSITE AN4
	413	+	INTERNAL COMMUNICATIONS PLAN DETAILING HOW THEY INTEND TO5
	414	+	ENSURE THAT THEIR NOISE ABATEMENT PLAN IS WELL UNDERSTOOD AND6
	415	+	AVAILABLE TO ALL AIRCRAFT OPERATORS .7
	416	+	(e) NOISE ABATEMENT PLANS DEVELOPED IN ACCORDANCE WITH8
	417	+	SUBSECTION (2)(c)(II) OF THIS SECTION MUST BE SUBMITTED TO THE FAA9
	418	+	AND ARE NOT CONTINGENT ON FAA APPROVAL.10
	419	+	(f) IF AN AIRPORT OR AN ENTITY OPERATING AN AIRPORT HAS ONE11
	420	+	OR MORE AVIGATION EASEMENTS IN PLACE, THE AIRPORT OR ENTITY MUST12
	421	+	CERTIFY IN WRITING FOR EACH GRANT APPLICATION THAT THE AIRPORT OR13
	422	+	ENTITY IS IN COMPLIANCE WITH THE ALL THE EASEMENTS .14
	423	+	(g) AN AIRPORT OR AN ENTITY OPERATING AN AIRPORT MUST15
	424	+	CERTIFY IN WRITING FOR EACH GRANT APPLICATION THAT THE AIRPORT OR16
	425	+	ENTITY IS IN COMPLIANCE WITH ALL APPLICABLE FEDERAL LAWS AND17
	426	+	REGULATIONS.18
	427	+	(h) THE LIMITATION ON THE EXPENDITURE OF MONEY FROM THE19
	428	+	FUND SET FORTH IN SUBSECTION (2)(c) OF THIS SECTION DOES NOT APPLY20
	429	+	TO MONEY EXPENDED FOR AN AVIATION PROJECT THAT IS FOR AN21
	430	+	INTERNATIONAL AIRPORT OR THAT IS DETERMINED BY THE DIVISION TO BE22
	431	+	DIRECTLY UTILIZED TOWARDS THE TRANSITION FROM LEADED AVIATION23
	432	+	GASOLINE TO UNLEADED AVIATION GASOLINE , INCLUDING BUT NOT24
	433	+	LIMITED TO IMPROVEMENTS, ADDITIONS, AND MODIFICATIONS DESCRIBED25
	434	+	IN SECTION 43-10-102 (3)(a)(IX) TO (3)(a)(XII), FOR THE HEALTH,26
	435	+	SAFETY, AND WELFARE OF INDIVIDUALS WHO RESIDE NEAR THE AIRPORT27
	436	+	1235
	437	+	-14- AT WHICH THE AVIATION PROJECT WILL BE COMPLETED .1
	438	+	SECTION 7. In Colorado Revised Statutes, add 43-10-118 as2
	439	+	follows:3
	440	+	43-10-118. Adverse impacts - evaluation and provision of4
	441	+	education, and technical assistance. (1) (a) THE DIVISION SHALL5
	442	+	EVALUATE, AND EDUCATE AND PROVIDE TECHNICAL ASSISTANCE TO6
	443	+	AIRPORTS ABOUT, THE ADVERSE IMPACTS OF AIRCRAFT NOISE ON HEALTH,7
	444	+	SAFETY, AND WELFARE. THE DIVISION SHALL PRIORITIZE THIS8
	445	+	EVALUATION, EDUCATION, AND TECHNICAL ASSISTANCE AT AIRPORTS9
	446	+	WITH SIGNIFICANT GENERAL AVIATION ACTIVITY THAT THE DIVISION HAS10
	447	+	IDENTIFIED AS BEING LOCATED IN DENSELY POPULATED RESIDENTIAL11
	448	+	AREAS OR AS HAVING A SIGNIFICANT NUMBER OF FLIGHTS OVER DENSELY12
	449	+	POPULATED RESIDENTIAL AREAS .13
	450	+	(b) THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT14
	451	+	SHALL CONTINUE TO ENCOURAGE TESTING IN HIGH -RISK AREAS FOR THE15
	452	+	PRESENCE OF LEAD IN THE BLOOD OF INDIVIDUALS WHO RESIDE OR WORK16
	453	+	NEAR SUCH AIRPORTS OR CHILDREN WHO ATTEND SCHOOLS OR CHILD CARE17
	454	+	FACILITIES NEAR SUCH AIRPORTS.18
	455	+	SECTION 8. Appropriation. (1) For the 2024-25 state fiscal19
	456	+	year, $44,609 is appropriated to the department of revenue. This20
	457	+	appropriation is from the general fund. To implement this act, the21
	458	+	department may use this appropriation as follows: 22
	459	+	(a) $26,651 for tax administration IT system (GenTax) support;23
	460	+	(b) $4,832 for personal services related to taxation services;24
	461	+	(c) $10,535 for personal services related to administration and 25
	462	+	support; and, 26
	463	+	(d) $2,591 for IDS print production.27
	464	+	1235
	465	+	-15- (2) For the 2024-25 state fiscal year, $2,591 is appropriated to the1
	466	+	department of personnel. This appropriation is from reappropriated funds2
	467	+	received from the department of revenue under subsection (1)(d) of this3
	468	+	section. To implement this act, the department of personnel may use this4
	469	+	appropriation to provide document management services for the5
	470	+	department of revenue.6
	471	+	SECTION 9. Safety clause. The general assembly finds,7
	472	+	determines, and declares that this act is necessary for the immediate8
	473	+	preservation of the public peace, health, or safety or for appropriations for9
	474	+	the support and maintenance of the departments of the state and state10
	475	+	institutions.11
	476	+	1235
	477	+	-16-