Colorado : 2018 Regular Session : BILL HB1147
Sunset Process Weather Modification
Sponsor: Sen Joann Ginal & Rep Kim Ransom & Sen Donald Coram
Bill Details
Concerning the continuation of the regulation of people who modify the weather, and, in connection therewith, implementing the sunset review recommendations of the department of regulatory agencies.
Bill summary
This bill continues Colorado's weather modification permitting program without changes. Here are the main points:
- Specifically, the bill extends the program's end date from September 1, 2018, to September 1, 2033, by 15 years.
- Additionally, the Executive Director of Natural Resources will continue to oversee permits, as provided in Article 20 of Title 36.
- Another change involves removing the reciprocity rule from Section 36-20-118. This rule had stopped Colorado from modifying weather if other states blocked projects that helped Colorado.
- Looking ahead, the following program review will take place in 2033, and the rule requiring it will end in 2035.
Furthermore, the bill does not add any new enforcement measures or penalties but keeps the current rules in place.
Finally, one notable change is that Colorado removed the reciprocity clause, removing cross-border limits even if neighbouring states do not offer the same in return.
History
HB 18-1147 was introduced on January 31, 2018, and moved through the Colorado legislature at an unusual pace and without amendments. The bill passed through four committees (House Health, Insurance & Environment; House Appropriations; Senate Agriculture, Natural Resources & Energy; and Senate Appropriations) with unanimous "refer unamended" recommendations. It cleared both chambers on voice votes without opposition.
The bill was placed on the Senate Consent Calendar, a procedural designation reserved for noncontroversial measures that allows expedited floor consideration. Governor John Hickenlooper signed the bill on April 26, 2018, and it took effect on August 8, 2018, following the standard 90-day referendum period. The smooth passage reflects the routine nature of sunset continuations for established regulatory programs with no substantive policy changes.
- Wed 31 Jan 2018 Introduced In House - Assigned to Health, Insurance, & Environment
- Thu 22 Feb 2018 House Committee on Health, Insurance, & Environment Refer Unamended to Appropriations
- Fri 16 Mar 2018 House Committee on Appropriations Refer Unamended to House Committee of the Whole
- Tue 20 Mar 2018 House Second Reading Passed - No Amendments
- Wed 21 Mar 2018 House Third Reading Passed - No Amendments
- Mon 26 Mar 2018 Introduced In Senate - Assigned to Agriculture, Natural Resources, & Energy
- Wed 28 Mar 2018 Senate Committee on Agriculture, Natural Resources, & Energy Refer Unamended to Appropriations
- Tue 10 Apr 2018 Senate Committee on Appropriations Refer Unamended - Consent Calendar to Senate Committee of the Whole
- Wed 11 Apr 2018 Senate Second Reading Special Order - Passed - No Amendments
- Thu 12 Apr 2018 Senate Third Reading Passed - No Amendments
- Wed 18 Apr 2018 Signed by the Speaker of the House
- Thu 19 Apr 2018 Signed by the President of the Senate
- Thu 19 Apr 2018 Sent to the Governor
- Thu 26 Apr 2018 Governor Signed
Supplementary documents
HB 18-1147
FINAL FISCAL NOTE
Legislative Council Staff
Nonpartisan Services for Colorado's Legislature
| Drafting Number: | LLS 18-0457 | Date: | July 10, 2018 |
| Prime Sponsors: | Rep. Ginal; Ransom Sen. Coram |
Bill Status: | Signed into Law |
| Fiscal Analyst: | [REDACTED] |
Bill Topic: SUNSET PROCESS WEATHER MODIFICATION
Summary of Fiscal Impact:
- ☒ State Revenue
- ☒ State Expenditure
- ☐ State Transfer
- ☐ TABOR Refund
- ☐ Local Government
- ☐ Statutory Public Entity
Sunset bill. House Bill 18-1147 continues the issuance of permits for specific weather modification operations in the Department of Natural Resources that is set to repeal September 1, 2018. State fiscal impacts include only the continuation of the program's current revenue and expenditures. The program is continued through September 1, 2033.
Appropriation Summary: No appropriation is required.
Fiscal Note Status: The fiscal note reflects the enacted bill.
Table 1: State Fiscal Impacts Under HB-1147
| New Impacts | FY 2018-19 | FY 2019-20 | |
|---|---|---|---|
| Revenue | - | - | |
| Expenditures | - | - | |
| Continuing Program Impacts | FY 2018-19 | FY 2019-20 | |
| Revenue | Cash Funds | - | $13,000 |
| Expenditures | Cash Funds | - | $13,000 |
| FTE | - | 0.2 FTE |
Table 1 shows the new impacts resulting from changes to the program under the bill, and the continuing impacts from extending the program beyond its current repeal date. Because the bill continues a program without making any substantive changes, there are no new impacts. The continuing program impacts will end if the bill is not passed and the program is allowed to repeal.
Summary of Legislation
This bill continues the issuance of permits for specific weather modification operations in the Department of Natural Resources that is set to repeal September 1, 2018. It also repeals a provision that prohibits weather modification that affects another state if the other state prohibits weather modification that benefits Colorado or its inhabitants.
Background
The Colorado Water Conservation Board in the Department of Natural Resources issues permits to qualified weather modification operations. Weather modification, commonly referred to as cloud seeding, is conducted from November through March. All of the programs currently operating in Colorado are ground-based and designed to enhance snowpack. There are more than 40 entities that participate in cloud seeding including local governments, water districts, and ski areas.
Continuing Program Impacts
Based on its FY 2018-19 budget request, the Department of Natural Resources is expected to have revenue and expenditures of approximately $13,000 to administer the permitting of weather modification operations. If this bill is enacted, current revenue and expenditures will continue for the program starting in FY 2019-20. If this bill is not enacted, the program will end on September 1, 2019, following a wind-down period, and state revenue and expenditures will decrease starting in FY 2019-20 by the amounts shown in Table 1.
Effective Date
The bill was signed into law by the Governor on April 26, 2018, and takes effect August 8, 2018, assuming no referendum petition is filed.
State and Local Government Contacts
Natural Resources
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each fiscal year. For additional information about fiscal notes, please visit: leg.colorado.gov/fiscalnotes.
Bill text
BY REPRESENTATIVE(S) Ginal and Ransom, Esgar, Roberts, Gray, Pettersen, Valdez, Duran; also SENATOR(S) Coram, Donovan, Kerr, Moreno.
CONCERNING THE CONTINUATION OF THE REGULATION OF PEOPLE WHO MODIFY THE WEATHER, AND, IN CONNECTION THEREWITH, IMPLEMENTING THE SUNSET REVIEW RECOMMENDATIONS OF THE DEPARTMENT OF REGULATORY AGENCIES.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 24-34-104, repeal (15)(a)(IV); and add (34) as follows:
24-34-104. General assembly review of regulatory agencies and functions for repeal, continuation, or reestablishment - legislative declaration - repeal. (15) (a) The following agencies, functions, or both, will repeal on September 1, 2018:
(IV) Repealed.
(34) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2033:
(I) The issuance of permits for specific weather modification operations through the Executive Director of the Department of Natural Resources in accordance with Article 20 of Title 36.
(b) This subsection (34) is repealed, effective September 1, 2035.
SECTION 2. In Colorado Revised Statutes, amend 36-20-127 as follows:
36-20-127. Repeal of article. This Article 20 is repealed, effective September 1, 2033. Before its repeal, this Article 20 is scheduled for review in accordance with section 24-34-104.
SECTION 3. In Colorado Revised Statutes, repeal 36-20-118 as follows:
36-20-118. Operations affecting weather in other states. Repealed.
SECTION 4. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 8, 2018, if adjournment sine die is on May 9, 2018); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2018 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
Crisanta Duran
SPEAKER OF THE HOUSE OF REPRESENTATIVES
Kevin J. Grantham
PRESIDENT OF THE SENATE
Marilyn Eddins
CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES
Effie Ameen
SECRETARY OF THE SENATE
APPROVED April 26, 2018
John W. Hickenlooper
GOVERNOR OF THE STATE OF COLORADO