House Committee on Finance (03/28/2012)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON FINANCE

Date:	03/28/2012	ATTENDANCE

Time:	02:06 PM to 04:07 PM	Acree	X
		Beezley	X
Place:	LSB A	Conti	X
		Holbert	X
This Meeting was called to order by		Hullinghorst	X
	Representative DelGrosso	Kagan	X
		Kefalas	X
This Report was prepared by		Labuda	X
	Ron Kirk	McCann	X
		Pabon	X
		Swalm	X
		Swerdfeger	X
		DelGrosso	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB12-1119		Amended, Referred to Appropriations

02:07 PM -- House Bill 12-1119 -- Concerning Fines Imposed By State Agencies

Representative Coram, prime sponsor, explained that House Bill 12-1119 limits the ability of the Colorado Department of Public Health and Environment (CDPHE) to impose fines for inspection-related or paperwork violations that do not harm or threaten public health or safety. Representative Coram noted that CDPHE may not issue fines for an inspection-related violation if the violator makes a reasonable attempt to comply with state rule or law, unless written notice was provided within 20 business days of the inspection and the violator has not cured the violation within 20 business days of the notice. The committee initially began testimony on the bill on Wednesday, March 22, 2012.

The following persons testified:

02:08 PM -- Ms. Martha Ruddolf, representing the Colorado Department of Public Health and Environment, testified in opposition of the bill, and responded to committee questions about compliance provisions in the bill. Ms. Ruddoff noted that all penalties are distributed to the General Fund and not the department.

The committee discussed the standard used to measure whether a violation threatens public health or safety and the increased staffing requirements triggered by the bill. Ms. Ruddoff responded by discussing the notice requirement for all violations within 20 days after the violation is identified. Additional staffing would be needed.

The committee discussed the role of the federal Environmental Protection Agency in terms of the state's enforcement role for violations of water and air infractions. Ms. Ruddoff responded by discussing the factors that result in a violation that causes harm to the public.

02:54 PM -- Ms. Dianna Reams, representing Reams Construction Company, testified in support of he bill. Ms. Reams noted that her company has complied with the state and federal regulations that pertain to clean air and water. Ms. Reams closed by saying that more guidance and direction is needed from the state when the state assesses a violation on a small business.

03:11 PM -- Mr. Jeff Keller, representing Asphalt Paving, testified in support of the bill. Mr. Keller noted that his company has enjoyed a productive and good relationship with the state (CDPHE). He closed by discussing his personal experiences with the state inspection process for purposes of federal law and said the bill will result in an improved inspection process by CDPHE.
.
03:18 PM -- Mr. Joe O'Dea, representing Concrete Express Inc., testified in support of the legislation and said that the policy change will result in a cleaner environment.
.
03:23 PM -- Mr. Peter Jacobson, representing Stone, Sand, and Gravel Association, testified in support of the bill.

03:32 PM -- Mr. Tony Milo, representing the Colorado Contractors Association, testified in support of the bill. Mr. Milo closed by saying that the bill will clarify a number of processes that will better protect the environment.

03:45 PM -- Mr. Michael Gifford, representing the Associated General Contractors of Colorado, testified in support of the bill.

02:07 PM -- House Bill 12-1119 -- Concerning Fines Imposed By State Agencies

Representative Coram, prime sponsor, explained that House Bill 12-1119 limits the ability of the Colorado Department of Public Health and Environment (CDPHE) to impose fines for inspection-related or paperwork violations that do not harm or threaten public health or safety. Representative Coram noted that CDPHE may not issue fines for an inspection-related violation if the violator makes a reasonable attempt to comply with state rule or law, unless written notice was provided within 20 business days of the inspection and the violator has not cured the violation within 20 business days of the notice. The committee initially began testimony on the bill on Wednesday, March 22, 2012.

The following persons testified:

02:08 PM -- Ms. Martha Ruddolf, representing the Colorado Department of Public Health and Environment, testified in opposition of the bill, and responded to committee questions about compliance provisions in the bill. Ms. Ruddoff noted that all penalties are distributed to the General Fund and not the department.

The committee discussed the standard used to measure whether a violation threatens public health or safety and the increased staffing requirements triggered by the bill. Ms. Ruddoff responded by discussing the notice requirement for all violations within 20 days after the violation is identified. Additional staffing would be needed.

The committee discussed the role of the federal Environmental Protection Agency in terms of the state's enforcement role for violations of water and air infractions. Ms. Ruddoff responded by discussing the factors that result in a violation that causes harm to the public.

02:54 PM -- Ms. Dianna Reams, representing Reams Construction Company, testified in support of he bill. Ms. Reams noted that her company has complied with the state and federal regulations that pertain to clean air and water. Ms. Reams closed by saying that more guidance and direction is needed from the state when the state assesses a violation on a small business.

03:11 PM -- Mr. Jeff Keller, representing Asphalt Paving, testified in support of the bill. Mr. Keller noted that his company has enjoyed a productive and good relationship with the state (CDPHE). He closed by discussing his personal experiences with the state inspection process for purposes of federal law and said the bill will result in an improved inspection process by CDPHE.
.
03:18 PM -- Mr. Joe O'Dea, representing Concrete Express Inc., testified in support of the legislation and said that the policy change will result in a cleaner environment.
.
03:23 PM -- Mr. Peter Jacobson, representing Stone, Sand, and Gravel Association, testified in support of the bill.

03:32 PM -- Mr. Tony Milo, representing the Colorado Contractors Association, testified in support of the bill. Mr. Milo closed by saying that the bill will clarify a number of processes that will better protect the environment.

03:45 PM -- Mr. Michael Gifford, representing the Associated General Contractors of Colorado, testified in support of the bill.


BILL:	HB12-1119
TIME:	03:51:27 PM
MOVED:	Conti
MOTION:	Moved Amendment L.006 (Attachment A).. The motion passed without objection.
SECONDED:	Swerdfeger
		VOTE
	Acree
	Beezley
	Conti
	Holbert
	Hullinghorst
	Kagan
	Kefalas
	Labuda
	McCann
	Pabon
	Swalm
	Swerdfeger
	DelGrosso

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1119
TIME:	03:53:19 PM
MOVED:	Holbert
MOTION:	Refer House Bill 12-1119, as amended, to the Committee on Appropriations.. The motion passed on a vote of 8-5.
SECONDED:	Beezley
		VOTE
	Acree	Yes
	Beezley	Yes
	Conti	Yes
	Holbert	Yes
	Hullinghorst	No
	Kagan	Yes
	Kefalas	No
	Labuda	No
	McCann	No
	Pabon	No
	Swalm	Yes
	Swerdfeger	Yes
	DelGrosso	Yes

Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS