Colorado 2024 Regular Session

Colorado House Bill HB1235 Latest Draft

Bill / Enrolled Version Filed 05/13/2024

                            HOUSE BILL 24-1235
BY REPRESENTATIVE(S) 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;
also SENATOR(S) Fenberg and Zenzinger, Bridges, Buckner, Cutter,
Jaquez Lewis, Kolker, Marchman, Michaelson Jenet, Priola, Winter F.
C
ONCERNING MEASURES TO REDUCE THE IMPACT OF AVIATION ON
SURROUNDING COMMUNITIES
, AND, IN CONNECTION THEREWITH ,
MAKING AN APPROPRIATION.
 
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1.  Legislative declaration. (1)  The general assembly
finds and declares that:
(a)  According to the United States environmental protection agency:
(I)  Aircraft that use leaded aviation gasoline are a leading source of
lead emissions in our air;
(II)  Excessive exposure to lead has many harmful health effects,
NOTE:  This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. which can include adverse effects on the nervous system, kidney function,
the immune system, reproductive and developmental systems, the
cardiovascular system, and the oxygen carrying capacity of blood;
(III)  Exposure to lead can cause irreversible and life-long harmful
health effects in children and pregnant individuals; and 
(IV)  Elevated lead in the environment can result in decreased
growth and reproduction in plants and animals and negative neurological
effects in vertebrates;
(b)  According to the United States centers for disease control and
prevention, no level of lead exposure is safe for children, and even low
levels of lead in their blood are associated with developmental delays,
learning difficulties, and behavioral issues;
(c)  Peer-reviewed research indicates that children who live near
airports with significant general aviation activity have elevated levels of
lead in their blood and that blood lead levels in children under five increase
as levels of atmospheric lead increase;
(d)  Persistent and loud noise also has harmful health effects,
especially for children; and
(e)  It is therefore necessary, appropriate, and in the best interest of
all Coloradans for the state to:
(I)  Provide financial incentives in the form of an income tax credit
and a grant program to reduce the use of leaded aviation gasoline; and
(II)  Create standards for an airport with significant general aviation
activity in an urban or suburban area to follow to notify the surrounding
community of its voluntary plans and procedures to reduce the impacts of
noise and lead on the community.
SECTION 2. In Colorado Revised Statutes, add 39-22-560 as
follows:
39-22-560.   Tax credit for certification of aircraft to use
unleaded aviation gasoline - tax preference performance statement -
PAGE 2-HOUSE BILL 24-1235 review - legislative declaration - definitions - repeal. (1) (a)  I	N
ACCORDANCE WITH SECTION 
39-21-304 (1), WHICH REQUIRES EACH BILL
THAT CREATES A NEW TAX EXPENDITURE TO INCLUDE A TAX PREFERENCE
PERFORMANCE STATEMENT AS PART OF A STATUTORY LEGISLATIVE
DECLARATION
, THE GENERAL ASSEMBLY FINDS AND DECLARES THAT THE
PURPOSE OF THE TAX CREDIT PROVIDED IN THIS SECTION IS TO INDUCE
CERTAIN DESIGNATED BEHAVIOR BY TAXPAYERS
, SPECIFICALLY THE
MODIFICATION OF AIRCRAFT THAT ARE POWERED BY LEADED AVIATION
GASOLINE SO THAT SUCH AIRCRAFT CAN BE CERTIFIED TO BE POWERED BY
UNLEADED AVIATION GASOLINE AND NO LONGER USE LEADED AVIATION
GASOLINE
.
(b)  T
HE GENERAL ASSEMBLY AND THE STATE AUDITOR SHALL
MEASURE THE EFFECTIVENESS OF THE CREDIT IN ACHIEVING THE PURPOSE
SPECIFIED IN SUBSECTION
 (1)(a) OF THIS SECTION BASED ON THE NUMBER OF
CREDITS CLAIMED
.
(2)  A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
:
(a)  "A
IRCRAFT" HAS THE SAME MEANING AS SET FORTH IN SECTION
43-10-102 (1).
(b)  "A
VIATION GASOLINE" MEANS GASOLINE-BASED FUEL THAT IS
USED TO POWER AN AIRCRAFT
.
(c)  "L
EADED AVIATION GASOLINE " MEANS ANY AVIATION FUEL
CONTAINING TETRAETHYL LEAD ADDITIVES
.
(d)  "Q
UALIFYING AIRCRAFT" MEANS AN AIRCRAFT THAT HAS BEEN
POWERED BY LEADED AVIATION GASOLINE AND FOR WHICH A SUPPLEMENTAL
TYPE CERTIFICATE OR ANY OTHER AUTHORIZATION THAT APPROVES THE
COMPLETED MODIFICATION OF THE AIRCRAFT TO BE POWERED BY UNLEADED
AVIATION GASOLINE HAS BEEN ISSUED
.
(e)  "Q
UALIFYING EXPENSES" MEANS ANY ACTUAL OUT-OF-POCKET
EXPENSES INCURRED AND PAID BY A QUALIFYING TAXPAYER FOR THE
PURPOSE OF MODIFYING AN AIRCRAFT REGISTERED WITH THE FEDERAL
AVIATION ADMINISTRATION IN THIS STATE SO THAT IT IS A QUALIFYING
AIRCRAFT
.
PAGE 3-HOUSE BILL 24-1235 (f)  "QUALIFYING TAXPAYER" MEANS A PERSON SUBJECT TO TAX
UNDER THIS ARTICLE 
22 WHO IS THE OWNER OF AN AIRCRAFT AS INDICATED
ON THE AIRCRAFT REGISTRY MAINTAINED BY THE FEDERAL AVIATION
ADMINISTRATION
.
(g)  "S
UPPLEMENTAL TYPE CERTIFICATE" MEANS A TYPE CERTIFICATE
ISSUED BY THE FEDERAL AVIATION ADMINISTRATION TO AN APPLICANT THAT
HAS MODIFIED AN AERONAUTICAL PR ODUCT FROM ITS ORIGINAL DESIGN
WITH FEDERAL AVIATION ADMINISTRATION APPROVAL
.
(h)  "U
NLEADED AVIATION GASOLINE " MEANS AVIATION GASOLINE
THAT DOES NOT INCLUDE LEAD
.
(3)  F
OR ANY INCOME TAX YEAR COMMENCING ON OR AFTER
JANUARY 1, 2025, BUT BEFORE JANUARY 1, 2030, A QUALIFYING TAXPAYER
WHO INCURS QUALIFYING EXPENSES IS ALLOWED A CREDIT AGAINST THE
INCOME TAXES IMPOSED BY THIS ARTICLE 
22 IN THE TAX YEAR IN WHICH THE
QUALIFYING AIRCRAFT IS REGISTERED BY THE FEDERAL AVIATION
ADMINISTRATION IN THIS STATE IN AN AMOUNT EQUAL TO FIFTY PERCENT OF
ALL QUALIFYING EXPENSES INCURRED
; EXCEPT THAT THE MAXIMUM AMOUNT
OF THE CREDIT THAT MAY BE CLAIMED FOR QUALIFYING EXPENSES INCURRED
IN MODIFYING ANY ONE AIRCRAFT IS FIVE HUNDRED DOLLARS
.
(4)  I
F THE AMOUNT OF A CREDIT AUTHORIZED BY THIS SECTION
EXCEEDS THE AMOUNT OF INCOME TAXES OTHERWISE DUE ON THE INCOME
OF THE QUALIFYING TAXPAYER CLAIMING THE CREDIT IN THE INCOME TAX
YEAR FOR WHICH THE CREDIT IS BEING CLAIMED
, THE AMOUNT OF THE
CREDIT NOT USED AS AN OFFSET AGAINST INCOME TAXES IN THAT INCOME
TAX YEAR MAY NOT BE CARRIED FORWARD AND MUST BE REFUNDED TO THE
QUALIFYING TAXPAYER
.
(5)  T
HIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2039.
SECTION 3. In Colorado Revised Statutes, 43-10-102, amend the
introductory portion and (3)(a)(VII); and add (3)(a)(IX), (3)(a)(X),
(3)(a)(XI), (3)(a)(XII), and (3)(a)(XIII) as follows:
43-10-102.  Definitions. As used in this article
 ARTICLE 10, unless
the context otherwise requires:
PAGE 4-HOUSE BILL 24-1235 (3) (a)  "Aviation purposes" means any objective that provides direct
and indirect benefits to the state aviation system and includes, but is not
limited to:
(VII)  Any acquisition of land, of any interest therein, or of any
easement through or other interest in airspace, including land for future
airport development, which is necessary to permit any such work or to
remove, mitigate, prevent, or limit the establishment of any hazard to the
safe operation of aircraft; and
(IX)  DESIGN, ENGINEERING, CONSTRUCTION, INSTALLATION,
ACQUISITION, AND INSPECTION OF INFRASTRUCTURE, INCLUDING EQUIPMENT,
THAT WILL ALLOW THE SALE OF UNLEADED AVIATION GASOLINE AT A
GENERAL AVIATION AIRPORT OR AT A COMMERCIAL AIRPORT AT WHICH
THERE IS
, AS DETERMINED BY THE DIVISION, SIGNIFICANT GENERAL AVIATION
ACTIVITY
;
(X)  S
UBSIDIZATION OF UNLEADED AVIATION GASOLINE AT A
GENERAL AVIATION AIRPORT OR A COMMERCIAL AIRPORT AT WHICH THERE
IS SIGNIFICANT GENERAL AVIATION ACTIVITY
, AS DETERMINED BY THE
DIVISION
;
(XI)  N
OISE MONITORING DEVICES, TECHNOLOGIES, OR SYSTEMS THAT
ARE USED TO EVALUATE NOISE LEVELS FROM THE OPERATION OF AIRCRAFT
AND OTHER AVIATION ACTIVITIES AT OR NEAR AIRPORTS
;
(XII)  T
HE EVALUATION, PROVISION OF EDUCATION AND TECHNICAL
ASSISTANCE TO AIRPORTS ABOUT
, PREVENTION, OR MITIGATION OF ADVERSE
IMPACTS TO THE HEALTH
, SAFETY, AND WELFARE OF INDIVIDUALS WHO
RESIDE OR WORK NEAR AN AIRPORT INCLUDING BUT NOT LIMITED TO THE
EVALUATION
, PROVISION OF EDUCATION AND TECHNICAL ASSISTANCE TO
AIRPORTS ABOUT
, PREVENTION, OR MITIGATION OF SUCH ADVERSE IMPACTS
CONDUCTED BY THE DIVISION
; AND
(XIII)  AT A TIME THAT ELECTRIC AIRCRAFT TECHNOLOGY HAS BEEN
APPROPRIATELY CERTIFIED BY THE 
FAA, PROVIDING FOR ON-AIRPORT
ELECTRIC AIRCRAFT CHARGING INFRASTRUCTURE
.
SECTION 4. In Colorado Revised Statutes, 43-10-103, amend (2)
introductory portion and (2)(k); and add (2)(n) and (2)(o) as follows:
PAGE 5-HOUSE BILL 24-1235 43-10-103.  Division of aeronautics created - duties. (2)  The
division shall provide support for the Colorado aeronautical board in
fulfilling its duties. The duties of the division shall
 also include, but ARE not
be limited to, the following:
(k)  Publishing information relating to aeronautics in the state; and
(n)  WORKING WITH THE DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT AS IT CONTINUES TO PROVIDE DATA AND INFORMATION
ABOUT THE EFFECTS OF LEADED AVIATION FUEL ON HUMAN HEALTH TO THE
DEPARTMENT OF TRANSPORTATION AND AIRPORTS
; AND
(o)  EDUCATING AIRPORTS WITH SIGNIFICANT GENERAL AVIATION
ACTIVITY
, AS DETERMINED BY THE DIVISION, REGARDING:
(I)  T
HE NEED TO EXPEDITE THE TRANSITION FROM LEADED AVIATION
GASOLINE TO UNLEADED AVIATION GASOLINE
; AND
(II)  THE PROVISIONS OF THIS ARTICLE 10, AS AMENDED BY HOUSE
BILL 24-1235, ENACTED IN 2024, THAT OFFER FUNDING FOR PROJECTS AND
UNLEADED AVIATION GASOLINE SUBSIDIES
, IF OFFERED BY THE DIVISION,
THAT SUPPORT THE TRANSITION FROM LEADED AVIATION GASOLINE TO
UNLEADED AVIATION GASOLINE AND IMPOSE REQUIREMENTS FOR ACCESSING
THAT FUNDING AND
, IF OFFERED, THOSE SUBSIDIES.
SECTION 5. In Colorado Revised Statutes, 43-10-104, amend
(1)(b), (1)(f), and (2) as follows:
43-10-104.  Colorado aeronautical board - created. (1) (b)  The
board consists of seven
 NINE VOTING members appointed by the governor,
with the consent of the senate, for terms of three years; except that the terms
shall
 MUST be staggered so that no more than three members' terms expire
in the same year.
(f)  The board shall not conduct any business unless there are at least
four FIVE VOTING members of the board present.
(2) (a)  The members of the board shall be chosen as follows
CONSISTS OF THE FOLLOWING MEMBERS :
PAGE 6-HOUSE BILL 24-1235 (I)  Four members, two from the eastern slope and two from the
western slope of the state, representing local governments which THAT
operate airports, which members shall be selected by the governor SHALL
SELECT
 from a list of nominees supplied by THOSE local governments;
(II)  T
WO 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
, AS DETERMINED BY THE DIVISION. THE INITIAL TERMS OF THE TWO
NEW MEMBERS COMMENCE WHEN THE NEXT TERM OF AN EXISTING MEMBER
COMMENCES
, AND THE NEW MEMBERS' INITIAL TERMS MUST COMPLY WITH
THE EXISTING STAGGERING REQUIREMENT
. IN APPOINTING THESE MEMBERS,
THE GOVERNOR SHALL GIVE PRIORITY TO INDIVIDUALS WHO :
(A)  A
RE NOT TRAINED PILOTS;
(B)  A
RE FAMILIAR WITH AIRPORT INFRASTRUCTURE , AVIATION, AND
THE MISSION OF THE BOARD
, INCLUDING BUT NOT LIMITED TO THOSE WHO
SERVE ON AN AIRPORT COMMUNITY NOISE ROUNDTABLE
; AND
(C)  RESIDE IN A COMMUNITY THAT IS SIGNIFICANTLY IMPACTED BY
NOISE OR LEAD EMISSIONS BY A HIGH
-TRAFFIC AIRPORT WITH SIGNIFICANT
GENERAL AVIATION ACTIVITY
, AS DETERMINED BY THE DIVISION;
(III)  One member representing a statewide association of airport
managers;
(IV)  One member representing a statewide association of pilots; and
(V)  One member familiar with and supportive of the state's aviation
issues, interests, and concerns; 
AND
(VI)  THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC
HEALTH AND ENVIRONMENT
, OR THE EXECUTIVE DIRECTOR'S DESIGNEE, WHO
IS AN EX OFFICIO NONVOTING MEMBER OF THE BOARD
.
(b)  Appointments shall be made
 IN ADDITION TO SATISFYING THE
REQUIREMENTS SET FORTH IN SECTION 
24-20-115, THE GOVERNOR SHALL
MAKE APPOINTMENTS TO THE BOARD
 so as to insure
 ENSURE a balance
broadly representative of the activity level of airports throughout the state
PAGE 7-HOUSE BILL 24-1235 AND FURTHER ENSURE THAT THE RACIAL , ETHNIC, AND GENDER MAKEUP OF
THE BOARD IS REPRESENTATIVE OF COMMUNITIES THAT ARE
DISPROPORTIONATELY IMPACTED BY GENERAL AVIATION AIRPORT TRAFFIC
OR TRAFFIC AT A COMMERCIAL AIRPORT AT WHICH THERE IS SIGNIFICANT
GENERAL AVIATION ACTIVITY
, AS DETERMINED BY THE DIVISION.
SECTION 6. In Colorado Revised Statutes, 43-10-108.5, amend
(2) as follows:
43-10-108.5.  State aviation system grant program.
(2) (a)  E
XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (2)(c) OF THIS
SECTION
, any entity operating an FAA-designated public-use airport may
apply to the division for a state aviation system grant to be used solely for
aviation purposes. Applications shall
 MUST contain such information as may
be required by the division and shall be filed in accordance with procedures
established by the division. In order to be eligible for a grant, the applicant
must demonstrate, to the satisfaction of the division, that the grant shall be
used solely for aviation purposes as defined in section 43-10-102 (3). The
division shall evaluate grant applications based upon criteria established by
the division, 
AND CRITERIA SET FORTH IN SUBSECTION (2)(b) OF THIS
SECTION
, and make recommendations to the board on the awarding of
grants. Any grant proposed by the board shall
 MUST be submitted to the
governor's office for review and recommendation prior to a final decision.
The governor shall accomplish his
 THE GOVERNOR'S review and
recommendation within thirty days of submittal of the grant proposal by the
board. The board shall make final decisions on the awarding of grants
subject to the availability of moneys
 MONEY in the aviation fund created in
section 43-10-109. The board shall establish procedures to ensure that
grants awarded pursuant to the provisions of this section are used solely for
aviation purposes as required by this subsection (2).
(b)  T
HE DIVISION, WHEN EVALUATING GRANT APPLICATIONS AND
MAKING RECOMMENDATIONS TO THE BOARD AS TO THE AWARDING OF
GRANTS
; THE GOVERNOR'S OFFICE, WHEN REVIEWING REQUESTED GRANTS
RECOMMENDED BY THE DIVISION MAKING RECOMMENDATIONS REGARDING
SUCH REQUESTED GRANTS TO THE BOARD
; AND THE BOARD , WHEN
AWARDING GRANTS
, SHALL DESIGNATE THE LESSER OF TEN PERCENT OF THE
AMOUNT AWARDED IN GRANTS PER YEAR OR ONE MILLION FIVE H UNDRED
THOUSAND DOLLARS PER YEAR IN GRANTS FOR THE AVIATION PURPOSES OF
AIDING AND ACCELERATING THE TRANSITION FROM LEADED AVIATION
PAGE 8-HOUSE BILL 24-1235 GASOLINE TO UNLEADED AVIATION GASOLINE . THE BOARD SHALL PRIORITIZE
AWARDING GRANTS DESIGNATED TO ADDRESS THE TRANSITION FROM
LEADED AVIATION GASOLINE TO UNLEADED AVIATION GASOLINE TO
AIRPORTS WITH SIGNIFICANT GENERAL AVIATION TRAFFIC IN URBAN AND
SUBURBAN AREAS WHERE SURROUNDING COMMUNITIES MAY BE
DISPROPORTIONATELY IMPACTED BY SUCH TRAFFIC
. IF THE BOARD DOES NOT
RECEIVE GRANT APPLICATIONS EQUALING AT LEAST THE AMOUNT
DESIGNATED BY THE BOARD PURSUANT TO THIS SUBSECTION
 (2)(b) IN ANY
GIVEN YEAR
, THE BOARD MAY USE THE REMAINDER OF THIS FUNDING FOR
OTHER AVIATION PURPOSES
.
(c)  E
XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (2)(h) OF THIS
SECTION
, MONEY SHALL NOT BE EXPENDED FROM THE FUND FOR A GRANT
AWARDED PURSUANT TO THIS SECTION OR OTHERWISE TO 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
:
(I)  B
Y JANUARY 1, 2026, IT HAS ADOPTED A PLAN FOR PHASING OUT
SALES OF LEADED AVIATION GASOLINE AT THE AIRPORT BY 
JANUARY 1,
2030,
 WITH EXECUTION OF THE PLAN IN ACCORDANCE WITH FAA AND
FEDERAL ENVIRONMENTAL PROTECTION AGENCY REQUIREMENTS OR OTHER
RELEVANT FEDERAL GUIDANCE
; AND
(II)  IT HAS ESTABLISHED, IN CONSULTATION WITH FLIGHT SCHOOLS
AND PILOTS THAT REGULARLY USE THE AIRPORT
, A VOLUNTARY NOISE
ABATEMENT PLAN
, WITH EXECUTION OF THE NOISE ABATEMENT PLAN IN
ACCORDANCE WITH 
FAA AND FEDERAL ENVIRONMENTAL PROTECTION
AGENCY REQUIREMENTS OR OTHER RELEVANT FEDERAL GUIDANCE
, SO THAT
AIRCRAFT NOISE IS NOT A SIGNIFICANT PUBLIC NUISANCE AND DOES NOT
CAUSE SIGNIFICANT ADVERSE IMPACTS TO THE HEALTH
, SAFETY, AND
WELFARE OF INDIVIDUALS RESIDING NEAR THE AIRPORT
. THE DIVISION SHALL
DEVELOP GUIDELINES FOR THE ESTABLISHMENT OF EFFECTIVE VOLUNTARY
NOISE ABATEMENT PLANS THAT MUST INCLUDE
, AT A MINIMUM:
(A)  P
UBLICATION OF NOISE ABATEMENT PLANS AMONG ALL AIRPORT
OPERATORS
; AND
PAGE 9-HOUSE BILL 24-1235 (B)  NOISE ABATEMENT PLAN ELEMENTS , INCLUDING, BUT NOT
LIMITED TO
, A VOLUNTARY CURFEW ON WHEN FLIGHTS MAY DEPART FROM
THE AIRPORT
; VOLUNTARY GUIDELINES ON THE NUMBER OF FLIGHTS THAT
MAY DEPART FROM THE AIRPORT WITHIN SPECIFIED PERIODS
; AND
VOLUNTARY GUIDELINES ON THE FREQUENCY OF TOUCH AND GO FLIGHTS
DURING WHICH AN AIRCRAFT TOUC HES DOWN ON A RUNWAY AND THEN
IMMEDIATELY ACCELERATES AND TAKES OFF AGAIN WITHOUT STOPPING
.
(d) (I)  N
OISE ABATEMENT PLANS DEVELOPED IN ACCORDANCE WITH
SUBSECTION
 (2)(c)(II) OF THIS SECTION MUST BE PROPERLY POSTED AT EACH
AIRPORT
.
(II)  E
ACH AIRPORT SHALL CONDUCT MEETINGS WITH THE AIRPORT 'S
FLIGHT SCHOOLS
, FUEL OPERATORS, AND PILOTS WHO COMMONLY FLY OUT
OF THE AIRPORT ON A REGULAR BASIS TO INFORM THE PARTIES OF THE NOISE
ABATEMENT PROCEDURES AND HOW THEY MIGHT COMPLY WITH SUCH
PROCEDURES
.
(III)  E
ACH AIRPORT SHALL CREATE AND POST ON ITS WEBSITE AN
INTERNAL COMMUNICATIONS PLAN DETAILING HOW THEY INTEND TO ENSURE
THAT THEIR NOISE ABATEMENT PLAN IS WELL UNDERSTOOD AND AVAILABLE
TO ALL AIRCRAFT OPERATORS
.
(e)  N
OISE ABATEMENT PLANS DEVELOPED IN ACCORDANCE WITH
SUBSECTION
 (2)(c)(II) OF THIS SECTION MUST BE SUBMITTED TO THE FAA
AND ARE NOT CONTINGENT ON FAA APPROVAL.
(f)  I
F AN AIRPORT OR AN ENTITY OPERATING AN AIRPORT HAS ONE OR
MORE AVIGATION EASEMENTS IN PLACE
, THE AIRPORT OR ENTITY MUST
CERTIFY IN WRITING FOR EACH GRANT APPLICATION THAT THE AIRPORT OR
ENTITY IS IN COMPLIANCE WITH ALL THE EASEMENTS
.
(g)  A
N AIRPORT OR AN ENTITY OPERATING AN AIRPORT MUST
CERTIFY IN WRITING FOR EACH GRANT APPLICATION THAT THE AIRPORT OR
ENTITY IS IN COMPLIANCE WITH ALL APPLICABLE FEDERAL LAWS AND
REGULATIONS
.
(h)  T
HE LIMITATION ON THE EXPENDITURE OF MONEY FROM THE
FUND SET FORTH IN SUBSECTION
 (2)(c) OF THIS SECTION DOES NOT APPLY TO
MONEY EXPENDED FOR AN AVIATION PROJECT THAT IS FOR AN
PAGE 10-HOUSE BILL 24-1235 INTERNATIONAL AIRPORT OR THAT IS DETERMINED BY THE DIVISION TO BE
DIRECTLY UTILIZED TOWARDS THE TRANSITION FROM LEADED AVIATION
GASOLINE TO UNLEADED AVIATION GASOLINE
, INCLUDING BUT NOT LIMITED
TO IMPROVEMENTS
, ADDITIONS, AND MODIFICATIONS DESCRIBED IN SECTION
43-10-102 (3)(a)(IX) TO (3)(a)(XII), FOR THE HEALTH, SAFETY, AND
WELFARE OF INDIVIDUALS WHO RESIDE NEAR THE AIRPORT AT WHICH THE
AVIATION PROJECT WILL BE COMPLETED
.
SECTION 7. In Colorado Revised Statutes, add 43-10-118 as
follows:
43-10-118.  Adverse impacts - evaluation and provision of
education, and technical assistance. (1) (a)  T
HE DIVISION SHALL
EVALUATE
, AND EDUCATE AND PROVIDE TECHNICAL ASSISTANCE TO
AIRPORTS ABOUT
, THE ADVERSE IMPACTS OF AIRCRAFT NOISE ON HEALTH ,
SAFETY, AND WELFARE. THE DIVISION SHALL PRIORITIZE THIS EVALUATION,
EDUCATION, AND TECHNICAL ASSISTANCE AT AIRPORTS WITH SIGNIFICANT
GENERAL AVIATION ACTIVITY THAT THE DIVISION HAS IDENTIFIED AS BEING
LOCATED IN DENSELY POPULATED RESIDENTIAL AREAS OR AS HAVING A
SIGNIFICANT NUMBER OF FLIGHTS OVER DENSELY POPULATED RESIDENTIAL
AREAS
.
(b)  T
HE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT SHALL
CONTINUE TO ENCOURAGE TESTING IN HIGH
-RISK AREAS FOR THE PRESENCE
OF LEAD IN THE BLOOD OF INDIVIDUALS WHO RESIDE OR WORK NEAR SUCH
AIRPORTS OR CHILDREN WHO ATTEND SCHOOLS OR CHILD CARE FACILITIES
NEAR SUCH AIRPORTS
.
SECTION 8. Appropriation. (1) For the 2024-25 state fiscal year,
$44,609 is appropriated to the department of revenue. This appropriation is
from the general fund. To implement this act, the department may use this
appropriation as follows:
(a)  $26,651 for tax administration IT system (GenTax) support;
(b)  $4,832 for personal services related to taxation services;
(c)  $10,535 for personal services related to administration and
support; and
PAGE 11-HOUSE BILL 24-1235 (d)  $2,591 for IDS print production.
(2)  For the 2024-25 state fiscal year, $2,591 is appropriated to the
department of personnel. This appropriation is from reappropriated funds
received from the department of revenue under subsection (1)(d) of this
section. To implement this act, the department of personnel may use this
appropriation to provide document management services for the department
of revenue.
SECTION 9. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
PAGE 12-HOUSE BILL 24-1235 preservation of the public peace, health, or safety or for appropriations for
the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
            APPROVED________________________________________
                                                        (Date and Time)
                              _________________________________________
                             Jared S. Polis
                             GOVERNOR OF THE STATE OF COLORADO
PAGE 13-HOUSE BILL 24-1235