Date: 02/11/2009

Final
BILL SUMMARY for SB09-119

SENATE COMMITTEE ON AGRICULTURE AND NATURAL RESOURCES

Votes: View--> Action Taken:
Moved to refer SB 09-119 to the Committee of the WPASS



11:04 AM -- Senate Bill 09-119

Senator Harvey, sponsor, described the provisions of Senate Bill 09-119 that clarifies that the provisions of the Colorado Water Quality Control Act do not limit or impair the ability to enforce penalties for the discharge of hazardous substances or waste.

The following persons testified on the bill:

11:10 AM -- Geoff Blue, Department of Law, described a recent Boulder district court decision that determined the state does not have the same authority to prosecute illegal discharges of hazardous waste into state waters as it does to prosecute discharges onto land. This case involved an employee of the University of Colorado (CU) who discharged hazardous waste into a stream but could not be charged with a criminal violation of the law. Mr. Blue also spoke in support of the bill.

11:13 AM -- Mike Melito, Department of Law, described the "loop hole" in the law that prevented the state from charging the CU employee with a criminal violation. He responded to questions from the committee regarding the penalty that would have been applied to the employee if the loophole did not exist at the time of the violation. He also described the bill's fiscal impact to the Department of Law and the penalties for illegal dumping of sewage and other pollutants on land and water. He also spoke in support of the bill.

11:28 AM -- Jen Boulton, Colorado Audubon, Colorado Trout Unlimited, spoke in support of the bill.

BILL:SB09-119
TIME: 11:29:44 AM
MOVED:Harvey
MOTION:Moved to refer SB 09-119 to the Committee of the Whole, without amendment, and with a recommendation that it be added to the consent calendar. The motion passed on a vote of 7-0.
SECONDED:
VOTE
Brophy
Yes
Gibbs
Yes
Harvey
Yes
Kester
Yes
Schwartz
Yes
Hodge
Yes
Isgar
Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS