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

(e) THE CITIZENS OF THIS STATE CAN CREATE AND WISH TO
CREATE INNOVATIVE SOLUTIONS TO COLORADO'S PROBLEMS, BUT THE
CURRENT MANNER IN WHICH LEGAL CHALLENGES TO. STATE POLICIES AND
FEDERAL PROGRAMMATIC SUBSTITUTIONS OF STATE PROGRAMS ARE HANDLED
DOES NOT ALLOW THE STATE THE FLEXIBILITY IT NEEDS.' IT IS NOT
POSSIBLE FOR THE STATE OF COLORADO TO EFFECTIVELY AND EFFICIENTLY
IMPLEMENT THE PROVISIONS OF FEDERAL STATUTES UNLESS THE BURDEN TO
PROVE THE INSUFFICIENCY OF THE STATE'S EFFORTS TO IMPLEMENT
FEDERAL REQUIREMENTS IS SHIFTED TO THE PERSON OR AGENCY WHO
ASSERTS SUCH INSUFFICIENCY..
(f) THE PROVISIONS OF THIS ARTICLE WILL BETTER BALANCE THE
EXERCISE OF THE POWERS OF THE FEDERAL GOVERNMENT AND THE POWERS
RESERVED TO THE STATES. IN ADDITION, THE APPLICATION OF THIS
ARTICLE ULTIMATELY WILL BRING ABOUT GREATER PROTECTION FOR THE
STATE AND THE NATION, BECAUSE IT WILL DIRECT THE STATE TO
IMPLEMENT FEDERAL STATUTES AT THE LEAST POSSIBLE COST, THEREBY
FREEING MORE MONEYS FOR OTHER NEEDS.
(9) THE PURPOSE OF THIS PART I IS TO ENSURE THAT FEDERAL
MANDATES IMPLEMENTED IN COLORADO COMPLY WITH STATE POLICY AS
ESTABLISHED BY THE GENERAL ASSEMBLY.
24 -78 -103. Definitions. AS USED IN THIS PART 1, UNLESS THE
CONTEXT OTHERWISE. REQUIRES:
(1) "EXECUTIVE COMMITTEE "MEANS THE EXECUTIVE. COMMITTEE OF
THE LEGISLATIVE COUNCIL ESTABLISHED PURSUANT TO SECTION 2 -3 -301
(1), C.R.S.
(2) "FEDERAL STATUTE" MEANS A FEDERAL STATUTE THAT IS IN
ACCORD WITH THE UNITED STATES CONSTITUTION IMPOSING MANDATES ON
STATE OR LOCAL GOVERNMENTS, WHICH MAY INCLUDE, BUT IS NOT LIMITED
TO, THE FOLLOWING:
(a) THE FEDERAL "SAFE DRINKING WATER ACT", 42 U.S.C. SEC.
300f, ET SEQ., AS AMENDED;
(b) THE FEDERAL "CLEAN AIR ACT ", 42 U.S.C. SEC. 7401, ET
SEQ., AS AMENDED;
(c) THE "FEDERAL WATER POLLUTION CONTROL ACT ", 33 U.S.C.
SEC. 1251, ET SEQ., AS AMENDED;
(d) THE FEDERAL "SOLID WASTE DISPOSAL ACT ", 42 U.S.C. SEC.
3251, ET SEQ., AS AMENDED;
(e) THE FEDERAL "RESOURCE CONSERVATION AND RECOVERY ACT OF
197611, 42 U.S.C. SEC. 6901, ET SEQ., AS AMENDED;
(f) THE FEDERAL "COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT OF 198011, 42 U.S.C. SEC. 9601, ET
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