Date: 04/17/2014

Final
BILL SUMMARY for HB14-1352

HOUSE COMMITTEE ON TRANSPORTATION & ENERGY

Votes: View--> Action Taken:
Adopt amendment L.001 (Attachment A). The motion p
Adopt amendment L.002 (Attachment B). The motion p
Refer House Bill 14-1352, as amended, to the Commi		Pass Without Objection
Pass Without Objection
PASS



10:42 AM -- HB 14-1352

Representative Moreno called the meeting to order. A quorum was present. Representative Kraft-Tharp stated that she would be abstaining from voting on the bill pursuant to rule 21(c). Representative Moreno announced that he will also be taking a 21(c) on the bill. Representatives Tyler and Coram, co-prime sponsors, presented House Bill 14-1352. The bill repeals and reenacts the state's waste tire laws into a new part of the solid waste statutes and makes changes to the Waste Tire Program. The bill modifies the distribution of the $1.50 waste tire fee, consolidates several cash funds, and creates three new cash funds, and specifies how the moneys in each cash fund are to be used. Additionally, the bill reduces the waste tire fee to $0.55 per tire beginning January 1, 2018, and repeals the End Users and Processors Rebate Program at that time. The Colorado Department of Public Health and Environment (CDPHE) is required to administer and collect the waste tire fee, among other duties in lieu of the Department of Revenue (DOR). New regulations are established for waste tire haulers, generators, processors, end users, collection facilities, mobile processors, used tire sellers, and waste tire monofills. Finally, the Waste Tire Advisory Committee is repealed. Representative Coram discussed the intent of the bill and the stakeholder process. Prepared amendments L.001 (Attachment A) and L.002 (Attachment B) were distributed to the committee. Representative Tyler commented on the intent of the bill and said that the reason the bill is so long is because there are sections of statute that are being recodified and repealed. He commented on the definition of end-user under the bill and walked the committee through different provisions of the bill. Representative Mitsch Bush asked about enforcement authority at the county level. Representative Tyler commented on enforcement at the state level by CDPHE. Representative Coram commented on agricultural exemptions.

140417 AttachA.pdf140417 AttachA.pdf140417 AttachB.pdf140417 AttachB.pdf

11:02 AM

Representative Lee asked about the environmental implications of burning tires. Representative Tyler commented on the burning of tires and environmental impacts.

The following people testified on the bill:

11:03 AM -- Michael Blumenthal, representing the Rubber Manufacturers Association (RMA), testified in support of the bill. He commented on the importance of the end-use rebate and enforcement of regulation. He said that the RMA has concerns with a section of amendment L.002.

11:09 AM -- Joel Bolduc, representing Holcim Cement, testified in support of the bill. He said that Holcim has been using waste tires since the 1990s and commented on past legislation related to waste tires. He said that this bill addresses many weaknesses of the program and makes it stronger, such as adding an end date for closing monofills. He commented on changes to the clean-up program and the end-user reimbursement.

11:17 AM -- Charles Johnson, representing CDPHE, testified in support of the bill. He commented on enforcement at the county and state levels and said that the bill promotes more flexibility for the department in managing some of the grant funds. Representative Buck asked for more information about how many tires the department will recycle in the coming years. Discussion ensued concerning primary uses for waste tires and related revenues.

11:29 AM

Discussion ensued concerning waste tire fees and revenue.

11:31 AM -- Teresa Immel, representing Colorado Tire Recycling, LLC and American Tire Recycling, LLC, testified in support of the bill. She responded to questions from the committee.

11:36 AM -- Jamie Kostura, representing CH2E, testified in support of the bill. He responded to questions from the committee.

11:43 AM -- Vern Tharp, representing himself, testified in support of the bill.

BILL:HB14-1352
TIME: 11:49:03 AM
MOVED:Tyler
MOTION:Adopt amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:Coram
VOTE
Buck
Coram
Everett
Fischer
Excused
Ginal
Kraft-Tharp
Lawrence
Lee
Mitsch Bush
Peniston
Scott
Moreno
Tyler
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB14-1352
TIME: 11:49:50 AM
MOVED:Tyler
MOTION:Adopt amendment L.002 (Attachment B). The motion passed without objection.
SECONDED:Coram
VOTE
Buck
Coram
Everett
Fischer
Excused
Ginal
Kraft-Tharp
Lawrence
Lee
Mitsch Bush
Peniston
Scott
Moreno
Tyler
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB14-1352
TIME: 11:53:02 AM
MOVED:Tyler
MOTION:Refer House Bill 14-1352, as amended, to the Committee on Appropriations. The motion passed on a vote of 9-1, with two members taking a 21c and one member excused.
SECONDED:Buck
VOTE
Buck
Yes
Coram
Yes
Everett
No
Fischer
Yes
Ginal
Yes
Kraft-Tharp
21c
Lawrence
Yes
Lee
Yes
Mitsch Bush
Yes
Peniston
Yes
Scott
Excused
Moreno
21c
Tyler
Yes
Final YES: 9 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS




11:55 AM

The committee adjourned.