First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 15-0570.01 Thomas Morris x4218 HOUSE BILL 15-1210 HOUSE SPONSORSHIP Dore, Becker J., Brown, Lawrence, Lundeen, Neville P., Nordberg, Rankin, Tate, Van Winkle SENATE SPONSORSHIP (None), House Committees Senate Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning review by the general assembly of environmental rules required to maintain the operation of state environmental law in lieu of federal environmental law. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill requires the air quality control commission, water quality control commission, and solid and hazardous waste commission to submit an annual report to the general assembly regarding all new and amended rules that are required by new or amended regulations proposed or adopted by the federal environmental protection agency (EPA) pursuant to the federal clean air, clean water, and hazardous waste laws to maintain state primacy regarding the enforcement of state environmental law operating in lieu of federal environmental law. A rule specified in the report cannot be submitted for EPA's approval unless the general assembly has acted by bill to approve the submission of that particular rule. A bill to approve the submission of one or more rules specified in the report is exempt from the 5-bill limit. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 25-6.5-103 as follows: 25-6.5-103. Legislative review of rules operating in lieu of federal regulations. (1) (a) By January 15 of each year, the air quality control commission, water quality control commission, and solid and hazardous waste commission shall certify in a report to the chairperson of the legislative council in summary form all new and amended rules that are required by new or amended regulations proposed or adopted by the federal environmental protection agency pursuant to the federal "Clean Air Act", 42 U.S.C. sec. 7401 et seq., as amended, "Federal Water Pollution Control Act", 33 U.S.C. sec. 1251 et seq., as amended, or federal "Solid Waste Disposal Act", as amended by the federal "Resource Conservation and Recovery Act of 1976", as amended, 42 U.S.C. sec. 6901, et seq., to maintain state primacy regarding the adoption of rules and the enforcement of state laws operating in lieu of federal law regarding air quality pursuant to article 7 of this title, water quality pursuant to article 8 of this title, and hazardous waste pursuant to article 15 of this title. (b) The commissions shall: (I) Write the report in plain, nontechnical language using words with common and everyday meaning that are understandable to the average reader; and (II) Make copies of the report available to the public and to each member of the general assembly. (c) The report required by this subsection (1) is exempt from section 24-1-136 (11), C.R.S., and the periodic reporting requirement of this section remains in effect until changed by the general assembly acting by bill. (2) Notwithstanding any other provision of law: (a) The division of administration shall not submit to the federal environmental protection agency for approval any rule specified in the report required by subsection (1) of this section unless the general assembly has acted by bill to approve the submission of that particular rule; and (b) No rule specified in the report required by subsection (1) of this section takes effect for purposes of federal enforceability, or enforcement of any kind at the state level, against any person unless the general assembly has acted by bill to approve the submission pursuant to paragraph (a) of this subsection (2). (3) A bill to approve the submission of one or more rules specified in the report required by subsection (1) of this section is not counted against the number of bills to which members of the general assembly are otherwise limited by law or joint rule of the senate and the house of representatives. SECTION 2. In Colorado Revised Statutes, repeal 25-7-133 (1) and (2) as follows: 25-7-133. Legislative review and approval of state implementation plans and rules - legislative declaration. (1) Notwithstanding any other provision of law but subject to subsection (7) of this section, by January 15 of each year the commission shall certify in a report to the chairperson of the legislative council in summary form any additions or changes to elements of the state implementation plan adopted during the prior year that are to be submitted to the administrator for purposes of federal enforceability. Such report shall be written in plain, nontechnical language using words with common and everyday meaning that are understandable to the average reader. Copies of such report shall be available to the public and shall be made available to each member of the general assembly. The provisions of this section shall not apply to control measures and strategies that have been adopted and implemented by the enacting jurisdiction of a local unit of government if such measures and strategies do not result in mandatory direct costs upon any entity other than the enacting jurisdiction. (2) (a) By the February 15 following submission of the certified report under subsection (1) of this section, any member of the general assembly may make a request in writing to the chairperson of the legislative council that the legislative council hold a hearing or hearings to review any addition or change to elements of the SIP contained in the report submitted pursuant to subsection (1) of this section. Upon receipt of such request, the chairperson of the legislative council shall forthwith schedule a hearing to conduct such review. Any review by the legislative council shall determine whether the addition or change to the SIP element accomplishes the results intended by enactment of the statutory provisions under which the addition or change to the SIP element was adopted. The legislative council, after allowing a public hearing preceded by adequate notice to the public and the commission, may recommend the introduction of a bill or bills based on the results of such review. If the legislative council does not recommend introduction of a bill under this subsection (2), the addition or change to the SIP element may be submitted under paragraph (b) of this subsection (2). Any bill recommended for consideration under this subsection (2) shall not be counted against the number of bills to which members of the general assembly are limited by law or joint rule of the senate and the house of representatives. If the legislative council does not recommend the introduction of a bill under this paragraph (a), and the member or members of the general assembly that requested such review will be introducing a bill under the provisions of paragraph (c) of this subsection (2), any such member shall provide written notice to the chairperson of the legislative council within three days after the action by the legislative council not to recommend introduction of a bill. If such member or members provide such written notice, the addition or change to the SIP or any element thereof that is the subject of any such bill may not be submitted to the administrator of the federal environmental protection agency until the expiration of the addition or change to the SIP has been postponed by the general assembly acting by bill or the member or members provide written notice to the chairperson of the executive committee of the legislative council that no bill will be introduced. (b) Unless a written request for legislative council review of an addition or change to a SIP element is submitted by the February 15 following submission of the report under subsection (1) of this section, or a notice is provided by a member or members that they are introducing a bill under paragraph (c) of this subsection (2) within three days after legislative council action not to introduce a bill under paragraph (a) of this subsection (2), all other additions or changes to a SIP element described in such report shall be submitted to the administrator for final approval and incorporation into the SIP. (c) Until such February 15 as provided in paragraph (b) of this subsection (2), the commission may only submit an addition or change to the SIP or any element thereof, as defined in section 110 of the federal act, any rule which is a part thereof, or any revision thereto as specified in subsection (1) of this section to the administrator for conditional approval or temporary approval. If legislative council review is requested as to any addition or change to a SIP element under paragraph (a) of this subsection (2), then no such SIP, revision, rule required by the SIP or revision, or rule related to the implementation of the SIP or revision so submitted to the administrator may take effect for purposes of federal enforceability, or enforcement of any kind at the state level against any person or entity based only on the commission's general authority to adopt a SIP under section 25-7-105 (1), unless expiration of the SIP, rule required for the SIP, or addition or change to a SIP element has been postponed by the general assembly acting by bill in the same manner as provided in section 24-4-103 (8) (c) and (8) (d), C.R.S. Any member of the general assembly may introduce a bill to modify or delete all or a portion of the SIP or any rule or additions or changes to SIP elements which are a component thereof. Any bill introduced under this paragraph (c) shall not be counted against the number of bills to which members of the general assembly are limited by law or joint rule of the senate and the house of representatives. Any committee of reference of the senate or the house of representatives to which a bill introduced under this paragraph (c) is referred shall conduct as part of consideration of any such bill on the merits the review provided for under paragraph (a) of this subsection (2). If any bill is introduced under paragraph (a) of this subsection (2) or under this paragraph (c) to postpone the expiration of any addition or change to a SIP element described in a report submitted under subsection (1) of this section, and any such bill does not become law, the addition or change to a SIP element addressed in such bill may be submitted to the administrator of the federal environmental protection agency for final approval and incorporation into the SIP under paragraph (b) of this subsection (2). (d) Repealed. SECTION 3. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 5, 2015, if adjournment sine die is on May 6, 2015); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2016 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.