Bill Summary for Bill Number HB09-1056

Date: 03/04/2009

Final
BILL SUMMARY for HB09-1056

SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES

Votes: View-->	Action Taken:
Adopt prepared amendment L.001 (Attachment A). Th Refer House Bill 09-1056, as amended, to the Commi	Pass Without Objection PASS

11:14 AM -- House Bill 09-1056

Senator Kopp introduced House Bill 09-1056. The bill makes changes to the enforcement procedures of the Department of Public Health and Environment (DPHE) related to solid waste disposal. The bill specifies that DPHE is not required to conduct a hearing before issuing a compliance order, but a person who receives a compliance order may request a hearing through the Office of Administrative Courts within the Department of Personnel and Administration. In addition, the bill authorizes a compliance order to include an administrative or civil penalty, allows an administrative law judge (ALJ) to grant a motion to stay any portion of a compliance order pending the outcome of a hearing, and allows an ALJ to request an interpretive rule from the Solid and Hazardous Waste Commission. Senator Kopp distributed Amendment L.001 (Attachment A).

11:19 AM -- Martha Rudolph, Department of Public Health and Environment, testified in support of the bill and the amendment. She stated that the enforcement procedures for the solid waste program are inconsistent with other environmental programs overseen by the department. She described the bill's provisions, including the provision that raises the maximum penalty for violations from $2,000 to $10,000 a day. She stated that the cost of compliance in some cases can be greater than the maximum penalty that may be assessed, and that means that some violators may choose to pay the penalty rather than to comply with the law. Senator Kopp discussed his reasons for carrying the bill. Ms. Rudolph responded to questions from Senator Carroll regarding compliance orders and whether there is due process prior to the assessment of a fine.

11:29 AM -- Joe Schieffelin, Department of Public Health and Environment, responded to questions from Senator Carroll regarding compliance orders and whether or not fines are assessed without an opportunity for hearing. He stated that the department is permitted to assess the fee without a hearing, but that in order to enforce an order with fines, a hearing is necessary. The committee, Mr. Schieffelin, and Ms. Rudolph discussed whether there was appropriate due process prior to the assessment of fines. Senator Schultheis asked for clarification of what are considered to be "egregious" violations. Mr. Schieffelin responded, and described provisions of the department's penalty manual used in determining the level of violations.

11:43 AM

In response to a question from Senator Newell regarding whether the fines and penalties are credited to the General Fund or to the county or municipality, Mr. Schieffelin clarified that the bill's fines are credited to the General Fund, but that municipalities are also allowed to assess fines. Senator Tochtrop clarified that two sets of fines could not be assessed, but the department or entity with oversight would be the entity to assess and collect the fine.

11:47 AM -- Donnah Moody, Colorado Association of Commerce and Industry, testified that the association has a neutral position on the bill, and that amendment L.001 addresses the association's concerns with the appropriate appeal procedures.

11:48 AM -- Charles Bayley, Waste Management, testified regarding the bill. He responded to questions from Senator Mitchell regarding whether the inspections, in his view, are intended to correct deficiencies or are punitive. Mr. Bailey responded that his company has had positive interactions with the Department of Public Health and Environment.

11:52 AM

Senator Kopp gave concluding remarks regarding the bill. He explained amendment L.001 (Attachment A). The amendment outlines the factors an ALJ must consider when making a determination on a motion to request an interpretive rule.


BILL:	HB09-1056
TIME:	11:54:24 AM
MOVED:	Boyd
MOTION:	Adopt prepared amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:
		VOTE
	Carroll M.
	Lundberg
	Mitchell
	Morse
	Newell
	Schultheis
	Tochtrop
	Boyd

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1056
TIME:	11:54:32 AM
MOVED:	Boyd
MOTION:	Refer House Bill 09-1056, as amended, to the Committee on Finance. The motion passed on a 7-0 roll call vote, with one member excused.
SECONDED:
		VOTE
	Carroll M.	Yes
	Lundberg	Yes
	Mitchell	Yes
	Morse	Excused
	Newell	Yes
	Schultheis	Yes
	Tochtrop	Yes
	Boyd	Yes

Final YES: 7 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS