Colo. Rev. Stat. § 43-10-102

Current through 11/5/2024 election

Section 43-10-102 - Definitions

As used in this article 10, unless the context otherwise requires:

(1) "Aircraft" means any FAA-certificated vehicle used or designed for aviation or flight in the air.

(2) "Airport" means any area of land or water which is used or intended for the landing and takeoff of aircraft, any appurtenant areas which are used or intended for airport buildings or other airport facilities or rights-of-way, and all airport buildings and facilities.

(3)

(a) "Aviation purposes" means any objective that provides direct and indirect benefits to the state aviation system and includes, but is not limited to:

(I) Any work involved in constructing, planning, or repairing a public airport or portion thereof and may include any work involved in constructing or maintaining access roads;

(II) The removal, lowering, relocation, and marking and lighting of any hazard to the safe operation of aircraft utilizing federal rules and regulations as guidelines for determining such hazards;

(III) The acquisition of navigational aids used by aircraft landing at or taking off from such airport;

(IV) The acquisition of safety equipment necessary for the enhancement of the state aviation system;

(V) Any research study, proposal, or plan for the expansion, location, or distribution of aviation facilities or resources that are directly related to the state aviation system;

(VI) The promotion of economic development which is related to the promotion, development, operation, or maintenance of the state aviation system;

(VII) Any acquisition of land, of any interest therein, or of any easement through or other interest in airspace, including land for future airport development, which is necessary to permit any such work or to remove, mitigate, prevent, or limit the establishment of any hazard to the safe operation of aircraft;

(VIII) Any informal education or training made available to the public concerning aviation in the state or any informational materials for dissemination to the public concerning aviation;

(IX) Design, engineering, construction, installation, acquisition, and inspection of infrastructure, including equipment, that will allow the sale of unleaded aviation gasoline at a general aviation airport or at a commercial airport at which there is, as determined by the division, significant general aviation activity;

(X) Subsidization of unleaded aviation gasoline at a general aviation airport or a commercial airport at which there is significant general aviation activity, as determined by the division;

(XI) Noise monitoring devices, technologies, or systems that are used to evaluate noise levels from the operation of aircraft and other aviation activities at or near airports;

(XII) The evaluation, provision of education and technical assistance to airports about, prevention, or mitigation of adverse impacts to the health, safety, and welfare of individuals who reside or work near an airport including but not limited to the evaluation, provision of education and technical assistance to airports about, prevention, or mitigation of such adverse impacts conducted by the division; and

(XIII) At a time that electric aircraft technology has been appropriately certified by the FAA, providing for on-airport electric aircraft charging infrastructure.

(b) Subsidization of airlines is expressly prohibited as an aviation purpose except for the promotion and marketing of air service at airport facilities.

(4) "Board" means the Colorado aeronautical board.

(5) "Director" means the director of the aeronautics division.

(6) "Division" means the aeronautics division in the department of transportation.

(7) "FAA" means the federal aviation administration or its successor.

(8) "Regional aviation plan" means an aviation plan developed by a regional planning commission pursuant to section 30-28-110, C.R.S.

(8.5) "State aviation system" means the network of facilities which includes airports, navigational aids, and safety-related facilities.

(9) "State aviation systems plan" means a plan produced and maintained by the state which: Addresses the aviation needs within the state, including those needs relating to airports, navigational aids, and flight safety; identifies and evaluates alternatives to meet those needs; and recommends preferred solutions for the aviation needs of the state.

C.R.S. § 43-10-102

Amended by 2024 Ch. 190,§ 3, eff. 5/17/2024.

L. 91: Entire article added, p. 1045, § 3, effective July 1; (3) amended and (8.5) added, p. 2392, § 13, effective July 1. L. 91, 1st Ex. Sess.: (3) amended and (8.5) added, p. 1, § 1, effective July 1. L. 96: (3)(h) added, p. 634, § 1, effective May 1. L. 2000: (3) amended, p. 1331, § 2, effective May 26.

Although both acts contained a July 1, 1991, effective date, the Governor did not sign the act enacted at the First Extraordinary Session until July 5. The act contained in chapter 1 from the First Extraordinary Session was subject to an interrogatory submitted to the Supreme Court by the Governor. The court held the act constitutional on its face. (See In re House Bill 91S-1005, 814 P.2d 875 (Colo. 1991).)

For the legislative declaration in HB 24-1235, see section 1 of chapter 190, Session Laws of Colorado 2024.