Date: 02/10/2010

Final
BILL SUMMARY for HB10-1042

HOUSE COMMITTEE ON FINANCE

Votes: View--> Action Taken:
Moved amendment L.003 (Attachment A). The motion p
Refer House Bill 10-1042, as amended, to the Commi		Pass Without Objection
PASS



11:04 AM -- House Bill 10-1042 - Concerning the Air Quality Permitting Program

Representative Peniston, prime sponsor, explained that House Bill 10-1042 makes several changes to the Air Quality Control Program. Currently, a member of the air pollution control division is required to review and approve all invoices for any permit which required five or more hours of staff time to process. In lieu of this review process, the bill requires the Air Quality Control Commission to report permit information on stationary industrial sources of pollution in its annual report to the public.

Representation Peniston continued by noting that Section 4 makes technical changes to align the legislation with current program policies. It makes explicit an exemption from permitting allowed under the federal Clean Air Act of 1990. It changes the notification requirements for construction permits. Under the bill, entities with a construction permit must notify the department within 15 days of beginning construction activity, rather than 30 days prior to beginning construction activity. It also increases the penalty for open burning from $100 to $1,500 per day.

The following persons testified:

11:10 AM -- Mr. Jeremy Nichols, WildEarth Guardians, expressed concerns with Section 3 of the bill regarding burning permits. He noted that in our experience, the 30 day notification requirement is important because it gives better notice whenever a new source of air pollution will affect a community. The public is very concerned about when an operation will get underway because if needed, an injunction can be ordered to stop the potential pollution resulting from the burning operation.

11:18 AM -- Mr. Paul Tourangeau, Colorado Department of Public Health and Environment (CDPHE), responded to questions about the open burning provisions in the bill.

The committee discussed the 15-day permitting process in the bill on Page 4, line 2.

11:31 AM -- Ms. Kirsten King, CDPHE, responded to questions about the permitting process.
BILL:HB10-1042
TIME: 11:36:50 AM
MOVED:Roberts
MOTION:Moved amendment L.003 (Attachment A). The motion passed on a 8-2 vote.

10HseFin0210AttachA.pdf
SECONDED:Summers
VOTE
DelGrosso
Yes
Frangas
No
Gerou
Excused
Kagan
Yes
Kefalas
Yes
Labuda
No
Roberts
Yes
Summers
Yes
Swalm
Yes
Benefield
Yes
Judd
Yes
Not Final YES: 8 NO: 2 EXC: 1 ABS: 0 FINAL ACTION:


BILL:HB10-1042
TIME: 11:42:30 AM
MOVED:Benefield
MOTION:Refer House Bill 10-1042, as amended, to the Committee of the Whole. The motion passed on a 10-0 vote.
SECONDED:Kagan
VOTE
DelGrosso
Yes
Frangas
Yes
Gerou
Excused
Kagan
Yes
Kefalas
Yes
Labuda
Yes
Roberts
Yes
Summers
Yes
Swalm
Yes
Benefield
Yes
Judd
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS