Bill Summary for Bill Number SB12-162

Date: 05/07/2012

Final
BILL SUMMARY for SB12-162

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Postpone indefinitely Senate Bill 12-162. The moti Refer Senate Bill 12-162 to the Committee on Finan	TIE TIE

04:12 PM -- Senate Bill 12-162

Representative Peniston, sponsor, presented Senate Bill 12-162 concerning remediation performed on property contaminated by an illegal drug laboratory. The bill creates a process to certify professionals involved in the remediation of property contaminated by a methamphetamine (meth) lab. Specifically, it authorizes the State Board of Health to:

establish procedures for testing and evaluating meth-related contamination and acceptable standards for remediation;

develop procedures for a training and certification program for individuals and companies involved in the remediation of meth-contaminated properties, as well as those which provide training to these entities;

create procedures for contractors and consultants to issue certificates of compliance to property owners upon completion of remediation;

implement a fee structure for the approval, certification, and monitoring of individuals and companies that obtain certification to provide remediation or training services; and

issue rules for determining and assessing administrative penalties on individuals and companies for violations.

Enforcement. Once the board establishes rules and procedures, the Department of Public Health and Environment (DPHE) will be responsible for enforcement. If an individual or company violates the rules, the DPHE may assess an administrative penalty of up to $15,000 per day. Procedures and time frames for notifying and resolving violations, including judicial review of the DPHE's decisions, are also defined.

Meth-related crime surcharges. Persons convicted of or receiving a deferred sentence for a meth-related crime are required to pay a surcharge of between $50 and $500, except when the court finds the person is indigent. The court is to retain 5 percent of moneys for administrative purposes, with the remaining 95 percent credited to the Local Government Assistance subaccount of the newly created Methamphetamine Laboratory Clean-up Cash Fund. The board is also authorized to promulgate rules to establish procedures for reviewing applications and reimbursing local governments for costs related to clean-up efforts.

Homeowner liability. Among other things, property owners must furnish the relevant local government with a copy of the certificate of compliance for any remediation work completed.

04:14 PM -- Colleen Brisnehan, representing the DPHE, testified about the bill. Ms. Brisnehan explained the effect of the bill and discussed the fee increases outlined in the fiscal note. She responded to questions from the committee.


BILL:	SB12-162
TIME:	04:22:16 PM
MOVED:	Pabon
MOTION:	Refer Senate Bill 12-162 to the Committee on Finance. The motion failed on a 5-5 vote, with 1 excused.
SECONDED:	Duran
		VOTE
	DelGrosso	No
	Duran	Yes
	Kagan	Yes
	Lee	Yes
	Levy	Yes
	Nikkel	No
	Pabon	Yes
	Sonnenberg	No
	Waller	Excused
	Barker	No
	Gardner B.	No

YES: 5 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: TIE


BILL:	SB12-162
TIME:	04:23:11 PM
MOVED:	Sonnenberg
MOTION:	Postpone indefinitely Senate Bill 12-162. The motion failed on a 5-5 vote, with 1 excused.
SECONDED:	Nikkel
		VOTE
	DelGrosso	Yes
	Duran	No
	Kagan	No
	Lee	No
	Levy	No
	Nikkel	Yes
	Pabon	No
	Sonnenberg	Yes
	Waller	Excused
	Barker	Yes
	Gardner B.	Yes

Final YES: 5 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: TIE

04:24 PM

The committee took a brief recess.