Amendments for SB23-274
Senate Journal, April 19
Amend printed bill, page 5, strike lines 8 through 13 and substitute:
"(III) AT LEAST ONE MEMBER OF THE COMMISSION MUST HAVE
AGRICULTURAL EXPERIENCE, PREFERABLY A MEMBER WITH AGRICULTURAL
EXPERIENCE WHO IS ALSO REGULATED BY THE DIVISION. AT LEAST THREE OTHER
MEMBERS OF THE COMMISSION MUST BE FROM THE COMMUNITY REGULATED BY
THE DIVISION, EMPLOYED BY AN ENTITY THAT IS SUBJECT TO FEES SET
PURSUANT TO THIS ARTICLE 8, AND, TO THE EXTENT PRACTICABLE, EACH IS
EMPLOYED BY AN ENTITY THAT IS SUBJECT TO A DIFFERENT TYPE OF FEE
PURSUANT TO THIS ARTICLE 8 THAN THE TYPE OF FEE THAT THE EMPLOYERS OF
THE OTHER TWO MEMBERS ARE SUBJECT.
(IV) A MEMBER OF THE COMMISSION MUST HAVE EXPERIENCE OR
TRAINING IN ONE OR MORE OF THE FOLLOWING AREAS:
(A) SCIENCE;
(B) ENGINEERING;
(C) TECHNOLOGY;
(D) INDUSTRY;
(E) CONSTRUCTION;
(F) LABOR;
(G) AGRICULTURE;
(H) ENVIRONMENTAL LAW;
(I) ENVIRONMENTAL POLICY;
(J) ENVIRONMENTAL JUSTICE;
(K) MUNICIPAL WATER TREATMENT;
(L) MUNICIPAL WASTEWATER TREATMENT;
(M) MUNICIPAL GOVERNMENT; OR
(N) COUNTY GOVERNMENT.".
Page 7, line 4, strike "FEES" and substitute "FEES, AND THE GENERAL ASSEMBLY
MAY, BY BILL, ANNUALLY ADJUST THE FEES,".
Page 8, line 2, strike "SECTION" and substitute "SECTION, OR ADOPTS ANY
SUBSEQUENT ADJUSTMENTS TO THE FEES,".
Page 8, strike line 7 and substitute "CASH FEES.
(b) THROUGH THE STAKEHOLDER PROCESS, THE DEPARTMENT OF PUBLIC
HEALTH AND ENVIRONMENT SHALL IDENTIFY THE FEE REVENUE NEEDED FOR
EVALUATION OF THE FEASIBILITY OF TREATMENT METHODS REQUIRED TO MEET
WATER QUALITY STANDARDS AND OTHER REGULATIONS ADOPTED OR PROPOSED
FOR ADOPTION, INCLUDING THE FUNDING NEEDED:
(I) TO SUPPORT THE DEVELOPMENT OF VARIANCES;
(II) TO IMPROVE PERMIT ISSUANCE PROCESSES TO INCREASE EFFICIENCY
AND FACILITATE THE TIMELY ISSUANCE OF NEW PERMITS;
(III) FOR RENEWAL PERMITS, PERMIT MODIFICATIONS, AND REDUCING
PERMIT BACKLOG; AND
(IV) FOR THE PREPARATION OF COST-BENEFIT ANALYSES AND
REGULATORY ANALYSES WHEN REQUIRED PURSUANT TO SECTION 24-4-103 (2.5)
OR (4.5) OF THE "STATE ADMINISTRATIVE PROCEDURE ACT".
(c) IN CONDUCTING STAKEHOLDER OUTREACH, THE".
Reletter succeeding paragraph accordingly.
Page 8, line 8, after "DEPARTMENT" insert "OF PUBLIC HEALTH AND
ENVIRONMENT".
Page 8, line 22, strike "SUBSECTION (2)(a) OF THIS SECTION" and substitute
"THIS SUBSECTION (2)".
Page 16, line 19, strike "AND".
Page 16, line 22, strike "REPORT." and substitute "REPORT; AND
(g) REVENUE AND EXPENDITURES, INCLUDING FOR THE DIVISION'S
GENERAL ADMINISTRATION NEEDS, THE DIVISION'S ADMINISTRATION OF THE
CLEAN WATER AND DRINKING WATER PROGRAMS, AND THE DIVISION'S
ALLOCATION OF ANY INCREASED FEES ESTABLISHED THROUGH SECTION
25-8-210 FOR SERVICES THAT THE DIVISION PROVIDES. THE DEPARTMENT SHALL
PRESENT THIS INFORMATION AS PART OF THE DEPARTMENT'S ANNUAL "SMART
ACT" PRESENTATION PURSUANT TO SECTION 2-7-203.".
Senate Journal, April 21
SB23-274 by Senator(s) Winter F.; also Representative(s) Dickson--Concerning water quality
regulation in the state, and, in connection therewith, transferring fee-setting authority to the
water quality control commission and modifying the membership of the commission.
Amendment No. 1, Finance Committee Amendment.
(Printed in Senate Journal, April 19, page(s) 908-909 and placed in members' bill files.)
Amendment No. 2(L.004), by Senator Winter.
Amend printed bill, page 18, after line 26 insert:
"SECTION 12. In Colorado Revised Statutes, 24-31-101, amend (1)(s)
and (1)(t); and add (1)(u) as follows:
24-31-101. Powers and duties of attorney general. (1) The attorney
general:
(s) May bring or intervene in a civil action, conduct investigations, and
issue civil investigation demands pursuant to the "Colorado False Claims Act",
part 12 of this article 31; and
(t) May bring a civil action to enforce section 25-7-144; AND
(u) NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW, MAY, IF THE
ATTORNEY GENERAL HAS CAUSE TO BELIEVE THAT A PERSON CREATES AN
IMMINENT AND SUBSTANTIVE ENDANGERMENT TO THE PUBLIC HEALTH, WATER
QUALITY, OR ENVIRONMENT IN VIOLATION OF STATE LAW, REQUEST A
TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, PERMANENT
INJUNCTION, OR ANY OTHER RELIEF NECESSARY TO PROTECT THE PUBLIC
HEALTH.".
Renumber succeeding sections accordingly.
Amendment No. 3(L.003), by Senator Winter.
Amend the Finance Committee Report, dated April 18, 2023, page 2, strike line
20 and substitute:
"(c) IN CONDUCTING STAKEHOLDER OUTREACH, THE DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT SHALL DISCUSS WITH STAKEHOLDERS THE
OPTIONS FOR SETTING A CAP ON THE AMOUNT OF FEE INCREASES.
(d) THROUGH THE STAKEHOLDER PROCESS, THE".".
Page 17 of the printed bill, line 24, strike "AND".
Page 17 of the bill, line 27, strike "STRUCTURE." and substitute "STRUCTURE;
AND
(III) A SUMMARY OF OPTIONS FOR SETTING A CAP ON THE AMOUNT OF
FEE INCREASES AND THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT'S
RECOMMENDATIONS ON SETTING A CAP BASED ON STAKEHOLDER FEEDBACK.".
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.
Senate Journal, April 24
Amend engrossed bill, page 20, strike lines 22 through 27.
Page 21, strike lines 1 through 9.
Renumber succeeding sections accordingly.