5 Colo. Code Regs. § 1002-55.33

Current through Register Vol. 47, No. 11, June 10, 2024
Section 5 CCR 1002-55.33 - STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE REGARDING STATE FUNDED WATER AND WASTEWATER INFRASTRUCTURE PROGRAMS, DECEMBER 12, 2022 RULEMAKING, EFFECTIVE JANUARY 31, 2023

The provisions of Sections 25-8-202, 25-8-308, and 25-8-608, C.R.S. provide the specific statutory authority for adoption and implementation of the attached regulations. The Commission, in compliance with section 24-4-103(4), C.R.S., has adopted the following statement of basis and purpose.

BASIS AND PURPOSE

The following changes were made to the regulation to reflect the sunsetting of funding authorizations for specific grant funds that were previously authorized by the state legislature, and increased spending levels authorized for Category 1 funds adopted during the 2022 legislative session through the appropriations process. Additional changes were made to improve clarity and organization of the regulation.

Water Quality Improvement Fund

* Stormwater Management Training, Section 55.1(1); Section 55.3(3)

Clarified that the purpose of the fund also includes stormwater management training and best practices. During the 2022 legislative session, the General Assembly increased the spending authority for the Water Quality Improvement Fund by $300,000 to continue to support Category 1 projects (stormwater management training and best management practices training to reduce the pollution of state waters). Accordingly, the commission took action to revise section 55.3 to remove the $100,000 allocation for Category 1 projects and replaced it with a $300,000 allocation.

* Public School Lead Testing, Section 55.1 ; Section 55.2(2) and (9); Section 55.3

The public school lead testing grant and all associated references to category 5 have been removed from these sections in the regulation since the grant was repealed effective September 1, 2021.

Nutrient Management Grant Fund

* Section 55.1 ; Section 55.4; Section 55.5(3)(d)

These sections were edited to remove all associated references to the nutrient management grant fund from the regulation since the fund was repealed effective September 1, 2016.

Small Communities Water and Wastewater Grant Fund

* Section 55.6(1)

Entity Eligibility was revised to align with the eligibility requirements included in C.R.S. 25-1.5-208, including the addition of the division of local government requiring a certificate of financial need.

5 CCR 1002-55.33

37 CR 17, September 10, 2014, effective 9/30/2014
40 CR 23, December 10, 2017, effective 12/31/2017
46 CR 01, January 10, 2023, effective 1/30/2023