Senate Bill 94-157

• Description: Senate Bill 94-157
• State: CO
• Date: 6/1/1994
• Author: Norton, Tom; Berry, Charles; Albi, Joan; Rodrigue, Judith; Romer, Roy
• Title: Senate Bill 94-157
• Water Supply Pro - Doc Type: Legislation

(b) THE INTENT OF THE GENERAL ASSEMBLY IS TO ASSURE THE
PRIMACY OF THE STATE OF COLORADO'S LEGAL AND POLITICAL AUTHORITY
TO IMPLEMENT IN AND FOR COLORADO THE POLICY MANDATED BY FEDERAL
ITT STATUTES AND TO VIGOROUSLY CHALLENGE AND SCRUTINIZE THE EXTENT AND
SCOPE OF AUTHORITY ASSERTED BY FEDERAL EXECUTIVE BRANCH AGENCIES
WHEN FEDERAL AGENCY ACTIONS AND INTERPRETATIONS ARE INCONSISTENT
WITH COLORADO POLICY AND EXCEED THE LAWFUL AUTHORITY OF THE
FEDERAL GOVERNMENT OR ARE NOT REQUIRED BY FEDERAL LAW.
(c) IN THIS CONNECTION THE COLORADO GENERAL ASSEMBLY FINDS
AND DECLARES THAT:
(I) THE POWER TO IMPLEMENT FEDERAL POLICIES IN AND FOR
COLORADO IS CENTRAL TO THE ABILITY. OF THE PEOPLE OF COLORADO TO
GOVERN THEMSELVES UNDER A FEDERAL SYSTEM OF GOVERNMENT; AND
j (Ii) ANY IMPLEMENTATION OF FEDERAL POLICIES IN AND FOR
!COLORADO BY FEDERAL EXECUTIVE BRANCH AGENCIES THAT IS CONTRARY TO
FUNDAMENTAL NOTIONS OF FEDERALISM AND SELF - DETERMINATION MUST BE
IDENTIFIED AND COUNTERED.
(2) THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT:
(a) THERE IS AN URGENT NEED TO MODIFY FEDERAL MANDATES
BECAUSE THE IMPLEMENTATION OF THESE MANDATES BY THE STATE WASTES
THE FINANCIAL RESOURCES OF LOCAL GOVERNMENTS, THE CITIZENS OF
COLORADO, AND THE STATE AND DOES NOT PROPERLY RESPECT THE RIGHTS
OF THE STATE, LOCAL GOVERNMENTS, AND CITIZENS.
(b) THE STATE GOVERNMENT HAS AN OBLIGATION TO THE PUBLIC
TO DO WHAT IS NECESSARY TO PROTECT THE RIGHTS OF COLORADO CITIZENS
UNDER FEDERAL LAW WHILE MINIMIZING OR ELIMINATING ANY ADDITIONAL
COST OR REGULATORY BURDEN ON ANY CITIZEN OF THE STATE.
(c) THE TENTH AMENDMENT TO THE UNITED STATES CONSTITUTION
DIRECTS THAT POWERS THAT ARE NOT DELEGATED TO THE UNITED STATES
ARE RESERVED TO THE STATES OR TO THE PEOPLE. COLORADO, AS ONE OF
THE SOVEREIGN STATES WITHIN THE UNION, HAS CONSTITUTIONAL
AUTHORITY TO ENACT LAWS PROTECTING THE ENVIRONMENT OF THE STATE
AND SAFEGUARDING THE PUBLIC HEALTH, SAFETY, AND WELFARE OF THE
CITIZENS OF COLORADO. HOWEVER, THIS AUTHORITY HAS TOO OFTEN BEEN
IGNORED BY THE FEDERAL GOVERNMENT, AS THE FEDERAL GOVERNMENT HAS
INTRUDED MORE AND MORE INTO AREAS THAT MUST BE LEFT TO THE STATES.
IT IS ESSENTIAL THAT THE DILUTION OF THE AUTHORITY OF STATE AND
LOCAL GOVERNMENTS BE HALTED AND THAT THE PROVISIONS OF THE TENTH
AMENDMENT BE ACCORDED PROPER RESPECT.
(d) CURRENT FEDERAL REGULATORY MANDATES, AS REFLECTED IN
FEDERAL ADMINISTRATIVE REGULATIONS, GUIDELINES, AND POLICIES,
OFTEN DO NOT REFLECT THE REALITIES OF THE ROCKY MOUNTAIN REGION,
AND FEDERAL REGULATORS FREQUENTLY DO NOT UNDERSTAND THE NEEDS AND
PRIORITIES OF THE CITIZENS OF COLORADO.
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