Amendments for SB24-166
Senate Journal, March 21
After consideration on the merits, the Committee recommends that SB24-166 be amended
as follows, and as so amended, be referred to the Committee on Finance with favorable
recommendation.
Amend printed bill, page 3, line 6, strike "(a)".
Page 3, strike lines 8 through 13 and substitute "IN SECTION 25-7-105
(1)(e)(XI)(B.5).".
Page 3, strike lines 15 through 18 and substitute "THREE-YEAR PERIOD, HAS
COMMITTED FIVE OR MORE VIOLATIONS FROM SEPARATE EVENTS AT THE SAME
STATIONARY SOURCE.".
Page 4, strike lines 1 through 8.
Reletter succeeding paragraph accordingly.
Page 4, line 9, strike "INCLUDES".
Page 4, strike lines 10 and 11 and substitute "MEANS ANY EXCEEDANCE OF THE
ALLOWABLE EMISSIONS OF AN AIR POLLUTANT.".
Page 4 of the printed bill, after line 11 insert:
"(c) AS USED IN THIS SUBSECTION (19.7), "VIOLATION" DOES NOT
INCLUDE A VIOLATION THAT:
(I) RESULTS FROM A MALFUNCTION THAT HAS BEEN PROVEN AS AN
AFFIRMATIVE DEFENSE PURSUANT TO APPLICABLE COMMISSION RULES;
(II) HAS BEEN VOLUNTARILY DISCLOSED IN ACCORDANCE WITH SECTION
25-1-114.5; OR
(III) IS DISCLOSED IN AN ENVIRONMENTAL SELF-AUDIT CONDUCTED
PURSUANT TO SECTION 25-1-114.6.".
Page 4, lines 17 and 18, strike "VIOLATION OR NONCOMPLIANCE" and substitute
"VIOLATION, AS DEFINED IN SECTION 25-7-103 (19.7)(b),".
Page 8, lines 11 and 12, strike "COULD HAVE REASONABLY BEEN DISCOVERED
BY A MEMBER OF THE PUBLIC" and substitute "IS PUBLICLY AVAILABLE".
Page 9, line 6, after "CLAIMS;" insert "OR".
Page 9, line 8, strike "COMPLIANCE; OR" and substitute "COMPLIANCE.".
Page 9, strike line 9.
Strike "OR NONCOMPLIANCE" on: Page 4, lines 19 and 21.
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