First Regular Session

Sixty-second General Assembly

LLS NO. R99­0031.01 Duane Gall

STATE OF COLORADO




BY REPRESENTATIVE Taylor;

also SENATOR Wattenberg.

AGRICULUTRE, LIVESTOCK AND NATURAL RESOURCES

HOUSE JOINT RESOLUTION 99-1046

CONCERNING A REQUEST FOR AMENDMENT OF THE FEDERAL "SUPERFUND" LAW TO ADDRESS THE NEEDS OF SMALL BUSINESSES.


WHEREAS, The General Assembly commends the intent underlying the federal Superfund law, namely, the desire to protect human health and the environment first while deferring until later the assessment of blame and the collection of costs from persons found to be liable; and

WHEREAS, The Superfund law generally serves this intent in cases where causation is clear and the responsible parties are large corporations with substantial assets; and

WHEREAS, The Superfund law has proven not to serve as well in other cases, particularly those involving small businesses; and

WHEREAS, Specifically, the Superfund liability system leads to excessive litigation for small businesses, uncertainties in responsibility that hamper access to capital, unwarranted delays in the resolution of liability, and lack of responsiveness to the particular needs of small business enterprises; and

WHEREAS, Such problems are most vexing in the case of specialty oil change service stations, general automobile service stations, and other small businesses that generate used oil in their daily activities and centrally collect and recycle used oil that would otherwise be disposed of by uncertain means and eventually become dispersed in the environment; and

WHEREAS, A business of this kind that contracts with an oil collection and recycling firm certified by the Environmental Protection Agency should be able to depend on such certification and continue to operate in good faith, without fear of future liability; and

WHEREAS, Nevertheless, the current Superfund law does not offer even this basic level of protection to a small business that makes every effort to be environmentally responsible; and

WHEREAS, Small businesses are committed to environmental protection, but have serious concerns with the current Superfund program; and

WHEREAS, Small businesses are a vital part of Colorado's economy, employing a substantial portion of Colorado's workforce and reflecting a broad spectrum of its citizens; and

WHEREAS, Reforming the Superfund program to address the needs of small businesses would contribute to their continued viability and to the economic health of the state as a whole; now, therefore,

Be It Resolved by the House of Representatives of the Sixty­second General Assembly of the State of Colorado, the Senate concurring herein:

That we, the members of the Colorado General Assembly, hereby request the Congress of the United States to make the following changes to the Superfund law:

1.  Eliminate third­party litigation and instead adopt a streamlined, expedited, and informal process to quickly allocate responsibility among all parties potentially liable for cleanup of a Superfund site.

2.  For small businesses that accept their responsibility as allocated under the streamlined process, or that did not have the legal right to control the site during periods when contamination occurred, provide immunity from further liability.

3.  Include, as part of the streamlined process, a means for determining and declaring de minimis liability for contamination at a site within 180 days. If the 180­day period is exceeded by more than 120 days, relieve small business de minimis parties of all liability unless the delay is outside the control of the Environmental Protection Agency.

4.  Make the ability to pay an explicit, required criterion for allocation of financial responsibility to a small business, taking into account the small business's overall financial condition and its ability to raise revenue.

Be it further resolved, That copies of this resolution be sent to each member of Colorado's Congressional delegation and to the administrator of the Environmental Protection Agency.