Bill Summary for Bill Number HB09-1056

Date: 03/19/2009

Final
BILL SUMMARY for HB09-1056

SENATE COMMITTEE ON FINANCE

Votes: View-->	Action Taken:
Adopt Amendment L.002 (Attachment B). The motion Refer House Bill 09-1056, as amended, to the Commi	Pass Without Objection PASS

10:19 AM

The committee reconvened.

10:19 AM -- House Bill 09-1056

Senator Kopp, prime sponsor, presented House Bill 09-1056. This bill makes changes to the enforcement procedures of the Colorado Department of Public Health and Environment (DPHE) related to solid waste disposal, and increases the maximum penalty for violations from $2,000 to $10,000 per day, payable to the county or municipality in which the violation occurred. Senator Kopp explained that, in some cases, there is an economic advantage in disposing of solid waste that is greater than the penalty under current law. Senator Kopp provided background information about cases between the DPHE and individuals involving solid waste disposal near waterways in Colorado. Senator Kopp stated that the department wants to increase the fine for solid waste violations. He also explained his experiences in working in a regulated industry, and said that this bill will help the citizens of Colorado.

Senator Kopp responded to questions about criminal penalties, the statute of limitations, and fines that have been assessed by the department, and stated that the witnesses from DPHE could better answer some of these questions.

The following witnesses testified on the bill:

10:27 AM -- Mr. Gary Baughman, representing the DPHE, testified in support of the bill. He stated that the bill makes three important changes. The first change would increase the penalty amount for solid waste violations and would provide a more appropriate deterrent. He explained that the bill also gives DPHE the authority to assess monetary penalties to individuals violating solid waste disposal rules. Current law, he said, requires the department to assess fines through a legal process in a court. Finally, he stated the bill increases the statute of limitations from one to two years. This change would give the department a more sufficient amount of time to address these cases.

10:30 AM -- Mr. Joe Schieffelin, representing the DPHE, testified in support of the bill. He provided background information to the committee about solid waste cases reviewed by the department. He also discussed the amount of fines the department could impose. He responded to questions from the committee about economic benefits, what constitutes solid waste in Colorado, and whether the current solid waste rules apply to agricultural waste. He responded that agricultural waste is exempt from the definition of solid waste and DPHE does not regulate agricultural waste.

10:35 AM -- Mr. Charles Johnson, representing the DPHE, also appeared before the committee to answer any questions.

10:36 AM

Discussion ensued about the revenue collected from assessing fines on solid waste disposal violations. Mr. Baughman responded that all fine revenue is deposited in the General Fund. Discussion ensued about the criminal provisions in the law regarding solid waste. Mr. Baughman responded to questions about the appeals process, and he explained that an appeals process exists for violators.

10:39 AM

Senator Kopp distributed Amendment L.002 to the committee (Attachment B) and discussed the amendment and its provision. He also distributed a copy of DPHE's solid waste penalty policy (Attachment C).

The following witnesses testified:

10:40 AM -- Mr. Charles Bayley, representing Waste Management, testified in support of the bill. He explained that he had talked to the department about increasing penalties and other provisions in the bill. He stated that his company operates seven landfills in Colorado, and that increasing the penalty is not an issue for him. Mr. Bayley also shared his thoughts about solid waste violations.

10:42 AM -- Mr. Jim Spaanstra, representing the Colorado Association of Commerce & Industry (CACI) Energy and Environmental Council, testified. He stated that it was reasonable to increase the penalty structure for solid waste disposal violations.

10:45 AM

Senator Sandoval closed public testimony. Senator Kopp provided the committee with additional background about Amendment L.002 and his thoughts about the compliance efforts of DPHE.


BILL:	HB09-1056
TIME:	10:49:55 AM
MOVED:	King K.
MOTION:	Refer House Bill 09-1056, as amended, to the Committee on Appropriations. The motion passed 4-0, with 3 excused.
SECONDED:
		VOTE
	Brophy	Yes
	Heath	Excused
	Isgar	Yes
	King K.	Yes
	Scheffel	Excused
	Hudak	Excused
	Sandoval	Yes

Final YES: 4 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: PASS


BILL:	HB09-1056
TIME:	10:50:24 AM
MOVED:	King K.
MOTION:	Adopt Amendment L.002 (Attachment B). The motion passed without objection.
SECONDED:
		VOTE
	Brophy
	Heath
	Isgar
	King K.
	Scheffel
	Hudak
	Sandoval

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection