2011 HOUSE JOINT RESOLUTION 11-1025 BY REPRESENTATIVE(S) Looper, Bradford, Brown, Fields, Labuda, Nikkel, Priola, Schafer S., Sonnenberg, Soper, Stephens, Todd, Barker, Kerr J., Wilson; also SENATOR(S) King K.,. CONCERNING THE PROMULGATION OF COST-EFFECTIVE RULES FOR THE CONTROL OF NUTRIENTS IN COLORADO WATERS BY THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT PURSUANT TO AUTHORITY UNDER THE "FEDERAL WATER POLLUTION CONTROL ACT", AND, IN CONNECTION THEREWITH, ENCOURAGING LEGISLATIVE REVIEW OF COLORADO'S IMPLEMENTATION STRATEGY FOR COST-EFFECTIVE NITROGEN AND PHOSPHORUS REGULATIONS IN A MANNER THAT ACTIVELY INVOLVES STAKEHOLDERS, INTEGRATES ONGOING STUDIES, CONSIDERS BASIN-SPECIFIC CONDITIONS, AND COMPLIES WITH EXECUTIVE ORDERS. WHEREAS, The state of Colorado is authorized to develop and implement water quality standards under the "Federal Water Pollution Control Act", commonly known as the "Clean Water Act", 33 U.S.C. sec. 1251 et seq., to protect classified uses of state waters; and WHEREAS, The Environmental Protection Agency (EPA) is encouraging many states to adopt generally applicable numeric nutrient standards regulating both nitrogen and phosphorus in all state waters; and WHEREAS, Colorado desires safe, clean water that is ensured by cost-effective regulations based on sound science and tailored to Colorado's unique and varied environments; and WHEREAS, Nitrogen and phosphorus (nutrients) are widely present in the environment from both natural and anthropogenic sources; and WHEREAS, Colorado has historically established nutrient reduction requirements where necessary to protect uses, water resources, and aquatic life from excessive plant growth; and WHEREAS, In response to EPA requirements, the Colorado Water Quality Control Division (Division) has proposed nutrient control regulations and the Colorado Water Quality Control Commission (Commission) has scheduled a rule-making hearing in March 2012 to consider changes to its nutrient regulations; and WHEREAS, Controlling nutrients as recommended by the EPA and proposed by the Division will impose a widespread economic burden on those entities responsible for meeting numeric standards that may affect the viability of urban and rural communities; and WHEREAS, Implementing nutrient regulations may have a significant fiscal impact on Division operations; and WHEREAS, Implementing nutrient regulations may also have environmental benefits, including protection of drinking water supplies, that need to be better understood; and WHEREAS, Governor Hickenlooper established a policy by Executive Order D 2011-005, dated January 11, 2011, stating that no state agency shall promulgate any regulation unless it is specifically mandated by law, and only then in consultation with local governments, and funding is provided to comply with the mandate; and WHEREAS, The Division and Colorado Water Resources and Power Development Authority are sponsoring a $400,000 Cost/Benefit Study of the Impacts of Potential Nutrient Controls for Colorado Point Source Discharges (Cost/Benefit Study) to evaluate the costs and benefits of the Division's draft nutrient regulations; and WHEREAS, It is in Colorado's interests to minimize nutrient reduction costs by developing a program that is flexible, effectively protects drinking water supplies, and allows consideration of basin-specific concerns; now, therefore, Be It Resolved by the House of Representatives of the Sixty-eighth General Assembly of the State of Colorado, the Senate concurring herein: (1) That, prior to further Commission hearings on the proposed nutrient control regulations, the Division is encouraged to present its strategy to address nutrient regulations to a joint meeting of the Senate Agriculture, Natural Resources, and Energy Committee and the House Agriculture, Livestock, and Natural Resources Committee no later than January 31, 2012. At a minimum, such presentation should address how the Division's proposal: (a) Complies with Executive Order D 2011-005; (b) Reflects active stakeholder participation; (c) Fully considers the Cost/Benefit Study conclusions; (d) Is structured to avoid unnecessary regulation and minimize the fiscal impact to state agencies and local governments; and (e) Is designed to address basin-specific conditions. (2) That the Colorado Legislative Council staff is encouraged to prepare a summary of current and proposed nutrient regulations in Montana, North Dakota, South Dakota, Utah, New Mexico, Kansas, Arizona, Minnesota, Wisconsin, and Wyoming by August 15, 2011. Be It Further Resolved, That copies of this Joint Resolution be sent to United States President Barack Obama; Governor John Hickenlooper; Senator Mark Udall; Senator Michael Bennet; Congresswoman Diana DeGette; Congressman Jared Polis; Congressman Scott Tipton; Congressman Cory Gardner; Congressman Doug Lamborn; Congressman Mike Coffman; Congressman Ed Perlmutter; Lisa P. Jackson, Administrator of the United States Environmental Protection Agency; James B. Martin, Administrator for EPA Region 8; Nancy Keller, Chairwoman of the Colorado Nutrient Coalition; Richard Christian II, Chairman of Fountain Sanitation District; Jim Heckman, Manager of Fountain Sanitation District; Douglas Kemper, Colorado Water Congress; Amy Lathen, Chairwoman of El Paso Board of County Commissioners; Patrick Mulhern, President of the Special District Association; John "Chip" Taylor, Executive Director of Colorado Counties Inc.; and Jim White, President of the Colorado Municipal League. _________________________________________________________ Frank McNulty Brandon C. Shaffer SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________ ____________________________ Marilyn Eddins Cindi Markwell CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE