Amendments for HB23-1221
House Journal, March 24
38 HB23-1221 be amended as follows, and as so amended, be referred to
39 the Committee on Appropriations with favorable
40 recommendation:
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42 Amend printed bill, strike everything below the enacting clause and
43 substitute:
44
45 "SECTION 1. In Colorado Revised Statutes, 25-8-103, add
46 (19.5) as follows:
47 25-8-103. Definitions. As used in this article 8, unless the context
48 otherwise requires:
49 (19.5) "TOTAL MAXIMUM DAILY LOAD" MEANS THE CALCULATION
50 OF THE DAILY MAXIMUM AMOUNT OF A POLLUTANT FROM ALL SOURCES
51 THAT IS ALLOWED TO ENTER STATE WATERS SO THAT AN APPLICABLE
52 WATER QUALITY STANDARD IS MET.
53 SECTION 2. In Colorado Revised Statutes, 25-8-202, amend
54 (1)(p) and (1)(q); and add (1)(r) as follows:
55
1 25-8-202. Duties of commission - rules. (1) The commission
2 shall develop and maintain a comprehensive and effective program for
3 prevention, control, and abatement of water pollution and for water
4 quality protection throughout the entire state and, to ensure provision of
5 continuously safe drinking water by public water systems, and, in
6 connection therewith, shall:
7 (p) Establish, and revise as necessary, a schedule of nonrefundable
8 fees to cover the reasonable costs of implementing a program for the
9 beneficial use of biosolids, in accordance with section 30-20-110.5;
10 C.R.S.; and
11 (q) Hear appeals of penalties imposed pursuant to section
12 25-1-114.1 (2.5) for a violation of minimum general sanitary standards
13 and regulations for drinking water; AND
14 (r) ON OR BEFORE JANUARY 1, 2025, AFTER SOLICITING INPUT
15 FROM INTERESTED PARTIES, ISSUE WRITTEN GUIDANCE SPECIFIC TO TOTAL
16 MAXIMUM DAILY LOAD DEVELOPMENT THAT ADDRESSES WATER QUALITY
17 DATA COLLECTION BEST PRACTICES, RELIABLE ANALYTICAL METHODS,
18 DATA QUALITY ASSURANCE, AND THE APPROPRIATE LEVEL OF GEOGRAPHIC
19 AND HYDROLOGICAL ACCURACY.
20 SECTION 3. In Colorado Revised Statutes, 25-8-501, add (7) as
21 follows:
22 25-8-501. Permits required for discharge of pollutants -
23 administration. (7) ON AND AFTER JANUARY 1, 2026, THE DIVISION
24 SHALL DETERMINE A TOTAL MAXIMUM DAILY LOAD FOR STATE WATERS AS
25 DIRECTED BY THE COMMISSION USING CREDIBLE DATA, WHICH INCLUDES:
26 (a) DATA THAT HAS BEEN COLLECTED IN THE LAST FIVE YEARS;
27 AND
28 (b) HISTORICAL DATA THAT IS RELEVANT FOR ESTABLISHING A
29 TOTAL MAXIMUM DAILY LOAD.
30 SECTION 4. Act subject to petition - effective date. This act
31 takes effect at 12:01 a.m. on the day following the expiration of the
32 ninety-day period after final adjournment of the general assembly; except
33 that, if a referendum petition is filed pursuant to section 1 (3) of article V
34 of the state constitution against this act or an item, section, or part of this
35 act within such period, then the act, item, section, or part will not take
36 effect unless approved by the people at the general election to be held in
37 November 2024 and, in such case, will take effect on the date of the
38 official declaration of the vote thereon by the governor.".
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