Date: 01/26/2009

Final
BILL SUMMARY for HB09-1056

HOUSE COMMITTEE ON HEALTH AND HUMAN SERVICES

Votes: View--> Action Taken:
Moved to refer House Bill 09-1056 to the CommitteePASS



05:10 PM -- House Bill 09-1056

Representative McCann presented House Bill 09-1056 which will increase the fines for the penalty for illegally disposing of solid waste. She stated that the bill proposes increasing the fine from $2,000 a day to $10,000 a day. The bill allows an administrative law judge (ALJ) to grant a motion to stay any portion of a compliance order pending the outcome of a hearing, and specifies factors for the ALJ to consider. Representative McCann stated that additional time will allow the ALJ to provide resolution to the query.

05:17 PM -- Martha Rudolf, Director of Environmental Program, and Joe Schieffelin, Program Manager, Hazardous Waste Manager Program, Department of Public Health and Environment, testified in support of the bill. Ms. Rudolf stated that the bill 'levels' the playing field by increasing the penalty fee. She noted that the fine is significantly less than any of the other type of environmental violation. She stated that it will be less costly to have administrative authority involved in the resolution process, whereas as the law stands now, violators go before a district court which is significantly more costly. Mr. Schieffelin provided a definition of solid waste for the committee. Representative Acree asked if the department could explain the appeal process. Mr. Schieffelin stated that the bill does not change the appeal process.


05:28 PM

Donnah Moody, Director of Government Affairs, Colorado Association of Commerce and Industry (CACI), testified in support of the bill.
BILL:HB09-1056
TIME: 05:32:16 PM
MOVED:Gagliardi
MOTION:Moved to refer House Bill 09-1056 to the Committee of the Whole. The motion passed on a 10-0 roll call vote.
SECONDED:McGihon
VOTE
Acree
Yes
Gerou
Yes
Green
Excused
Kefalas
Yes
Kerr J.
Yes
McGihon
Yes
Nikkel
Yes
Primavera
Yes
Swalm
Yes
Gagliardi
Yes
Riesberg
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS