Amendments for HB20-1143
House Journal, February 11
42 HB20-1143 be amended as follows, and as so amended, be referred to
43 the Committee on Finance with favorable
46 Amend printed bill, page 5, line 11, after the period add "FOR
47 ACCOUNTING PURPOSES, EACH PENALTY AND FINE CREDITED TO THE FUND
48 PURSUANT TO THIS SECTION IS A DAMAGE AWARD.".
50 Page 6, line 3, strike "THREE" and substitute "FIVE".
52 Page 6, line 5, strike "ONE" and substitute "AT LEAST THREE".
54 Page 7, strike lines 12 through 27.
56 Strike page 8.
1 Page 9, strike lines 1 through 3 and substitute:
3 "(4) Powers and duties of the board. (a) THE BOARD HAS THE
4 FOLLOWING POWERS AND DUTIES:
5 (I) TO ADVISE THE DEPARTMENT ON THE IDENTIFICATION OF
6 ENVIRONMENTAL JUSTICE COMMUNITIES;
7 (II) TO RECOMMEND TO THE DEPARTMENT EMPS IN RESPONSE TO
8 VIOLATIONS THAT OCCUR IN, OR DIRECTLY AFFECT RESIDENTS OR
9 WORKERS IN, ENVIRONMENTAL JUSTICE COMMUNITIES;
10 (III) TO DEVELOP PROCEDURES FOR SOLICITING FOR, EVALUATING,
11 AND RECOMMENDING EMPS THAT ADDRESS ENVIRONMENTAL VIOLATIONS
12 IN ENVIRONMENTAL JUSTICE COMMUNITIES, INCLUDING ELIGIBILITY
13 REQUIREMENTS. THE PROCEDURES MUST:
14 (A) SPECIFY EMP CRITERIA IN ACCORDANCE WITH SUBSECTION
15 (5)(d) OF THIS SECTION, INCLUDING FOR WHEN IT MAY BE APPROPRIATE TO
16 COMBINE PENALTIES FROM MULTIPLE CASE SETTLEMENTS INTO ONE
18 (B) INCLUDE PROCESSES FOR: NOTIFYING EACH ENVIRONMENTAL
19 JUSTICE COMMUNITY THAT WAS AFFECTED BY THE VIOLATION OR WILL BE
20 AFFECTED BY THE PROPOSED EMP; SOLICITING FEEDBACK FROM
21 RESIDENTS OF, WORKERS IN, AND REPRESENTATIVES OF THOSE
22 COMMUNITIES; AND HOLDING A PUBLIC HEARING AT WHICH THE PUBLIC
23 HAS AN OPPORTUNITY TO COMMENT ON THE PROPOSED EMP; AND
24 (C) INCLUDE PUBLIC ENGAGEMENT BEST PRACTICES AND
25 CONSIDERATION OF COMMUNITY INPUT RECEIVED AND A PROCESS FOR
26 COLLABORATING WITH IMPACTED COMMUNITIES WHEN SOLICITING FOR
27 EMP PROPOSALS;
28 (IV) TO SUBMIT AN ANNUAL REPORT TO THE COMMISSION WITH A
29 SUMMARY OF THE BOARD'S ACTIONS, INCLUDING A DESCRIPTION OF ALL
30 EMPS RECOMMENDED DURING THE PREVIOUS YEAR; AND
31 (V) TO MAKE RECOMMENDATIONS, AS REQUESTED BY THE
32 OMBUDSPERSON, TO ADVANCE THE DEPARTMENT'S EFFORTS IN
33 INCORPORATING PRINCIPLES OF ENVIRONMENTAL JUSTICE.
34 (b) (I) THE BOARD SHALL NOT BE INVOLVED IN AN ENFORCEMENT
35 MATTER UNTIL THE DEPARTMENT NOTIFIES THE BOARD THAT THE
36 DEPARTMENT HAS RESOLVED THE MATTER.
37 (II) THE BOARD SHALL USE ITS BEST EFFORTS TO RECOMMEND
38 EMPS WITHIN ONE HUNDRED EIGHTY DAYS AFTER NOTIFICATION BY THE
39 DEPARTMENT THAT AN ENFORCEMENT MATTER HAS BEEN RESOLVED WITH
40 FINES THAT WILL BE PAID INTO THE FUND.
41 (c) THIS SUBSECTION (4) IS REPEALED, EFFECTIVE SEPTEMBER 1,
42 2025. BEFORE THE REPEAL, THE FUNCTIONS OF THE BOARD ARE
43 SCHEDULED FOR REVIEW IN ACCORDANCE WITH SECTION 2-3-1203.
44 (5) Environmental mitigation projects. (a) THE DEPARTMENT
45 SHALL USE MONEY IN THE FUND TO PAY FOR EMPS.
46 (b) FOR VIOLATIONS THAT OCCURRED IN OR DIRECTLY AFFECTED
47 AN ENVIRONMENTAL JUSTICE COMMUNITY, THE DEPARTMENT SHALL
48 CONSIDER EMPS RECOMMENDED BY THE BOARD THAT BENEFIT THE
49 IMPACTED COMMUNITY.
50 (c) FOR VIOLATIONS THAT DID NOT OCCUR IN OR DIRECTLY AFFECT
51 AN ENVIRONMENTAL JUSTICE COMMUNITY, THE DEPARTMENT SHALL
52 AWARD EMPS IN ACCORDANCE WITH SUBSECTION (5)(d) OF THIS SECTION
53 AND SHALL:
54 (I) (A) SEEK PUBLIC COMMENT ON AN EMP THAT THE
55 DEPARTMENT INTENDS TO AWARD BY POSTING A SUMMARY OF THE EMP
56 ON THE DEPARTMENT'S WEBSITE IN A FORMAT THAT ALLOWS THE PUBLIC
1 TO SUBMIT COMMENTS; AND
2 (B) NOT APPROVE AN EMP UNTIL AT LEAST THIRTY DAYS AFTER
3 THE EMP HAS BEEN POSTED ON THE DEPARTMENT'S WEBSITE; AND
4 (II) PREPARE AN ANNUAL REPORT TO THE COMMISSION REGARDING
5 THE DEPARTMENT'S USE OF THE FUND THAT INCLUDES A DESCRIPTION OF
6 ALL DEPARTMENT-APPROVED EMPS.
7 (d) IN CONSULTATION WITH THE BOARD, THE DEPARTMENT SHALL
8 DEVELOP CRITERIA TO GUIDE IT IN MAKING DECISIONS CONCERNING THE
9 AWARDING OF EMPS. THE CRITERIA MAY INCLUDE:
10 (I) THE NEEDS OF THE COMMUNITY WHERE THE VIOLATION
12 (II) COMMUNITY SUPPORT FOR THE PROPOSED EMP;
13 (III) THE FEASIBILITY OF SUCCESSFUL IMPLEMENTATION OF THE
14 PROPOSED EMP;
15 (IV) THE NEXUS OF THE EMP TO THE VIOLATION; AND
16 (V) THE ENVIRONMENTAL AND PUBLIC HEALTH BENEFITS
17 RESULTING FROM THE IMPLEMENTATION OF THE EMP.".
19 Renumber succeeding subsection accordingly.
21 Page 10, line 4, after "(1.7)(a)(IV)," insert "(1.7)(c),".
23 Page 11, line 5, strike "STANDARDS" and substitute "CRITERIA".
25 Page 11, line 6, strike "(4)." and substitute "(5).".
27 Page 11, after line 6 insert:
29 "(c) The commission shall promulgate rules as may be necessary
30 to administer this subsection (1.7), including but not limited to, rules
31 defining who is eligible for grants and what criteria shall be used in
32 awarding grants; EXCEPT THAT THE COMMISSION NEED NOT PROMULGATE
33 RULES TO ADMINISTER SUBSECTION (1.7)(a)(V) OF THIS SECTION. Any
34 rules shall be promulgated in accordance with article 4 of title 24.
House Journal, February 28
23 HB20-1143 be amended as follows, and as so amended, be referred to
24 the Committee on Appropriations with favorable
27 Amend printed bill, page 10, lines 12 through 14, strike "FORTY-SEVEN
28 thousand THREE HUNDRED FIFTY-SEVEN dollars per day for each day
29 during which such THE violation occurs;" and substitute "FIFTY-FOUR
30 thousand EIGHT HUNDRED THIRTY-THREE dollars per day for each day
31 during which such PER violation; occurs".
House Journal, June 3
1 HB20-1143 be amended as follows, and as so amended, be referred to
2 the Committee of the Whole with favorable
5 Strike the Finance Committee Report, dated February 27, 2020.
7 Strike the Energy and Environment Committee Report, dated February
8 10, 2020, and substitute:
10 "Amend printed bill, strike everything below the enacting clause and
12 "SECTION 1. In Colorado Revised Statutes, 25-7-122, amend
13 (1) introductory portion, (1)(b), and (1)(d) as follows:
14 25-7-122. Civil penalties - rules. (1) Upon application of the
15 division, penalties as determined under this article ARTICLE 7 may be
16 collected by the division by action instituted in the district court for the
17 district in which is located the air pollution source affected in accordance
18 with the following provisions:
19 (b) Any person who violates any requirement or prohibition of an
20 applicable emission control regulation of the commission, the state
21 implementation plan, a construction permit, any provision for the
22 prevention of significant deterioration under part 2 of this article ARTICLE
23 7, any provision related to attainment under part 3 of this article ARTICLE
24 7, or any provision of section 25-7-105, 25-7-106, 25-7-106.3,
25 25-7-106.8, 25-7-106.9, 25-7-108, 25-7-109, 25-7-111, 25-7-112,
26 25-7-113, 25-7-114.2, 25-7-114.5, 25-7-118, 25-7-206, 25-7-403,
27 25-7-404, 25-7-405, 25-7-407, 42-4-403, 42-4-404, 42-4-405, 42-4-406,
28 42-4-407, 42-4-409, 42-4-410, or 42-4-414 C.R.S., shall be IS subject to
29 a civil penalty of not more than fifteen FORTY-SEVEN thousand THREE
30 HUNDRED FIFTY-SEVEN dollars per day for each day of such THE violation;
31 except that:
32 (I) ON OR BEFORE DECEMBER 31, 2021, THE COMMISSION SHALL,
33 BY RULE, ANNUALLY ADJUST THE AMOUNT OF THE MAXIMUM CIVIL
34 PENALTY BASED ON THE PERCENTAGE CHANGE IN THE UNITED STATES
35 DEPARTMENT OF LABOR'S BUREAU OF LABOR STATISTICS CONSUMER PRICE
36 INDEX FOR DENVER-AURORA-LAKEWOOD FOR ALL ITEMS AND ALL URBAN
37 CONSUMERS, OR ITS SUCCESSOR INDEX; AND
38 (II) There shall be no Civil penalties SHALL NOT BE assessed or
39 collected against persons who violate emission regulations promulgated
40 by the commission for the control of odor until a compliance order issued
41 pursuant to section 25-7-115 and ordering compliance with the odor
42 regulation has been violated.
43 (d) Any person who violates any requirement, prohibition, or
44 order respecting an operating permit issued pursuant to section
45 25-7-114.3, including but not limited to failure to obtain such a permit,
46 or to operate in compliance with any term or condition thereof OF THE
47 PERMIT, or to pay the permit fee required under section 25-7-114.7 (2), or
48 WHO commits a violation of section 25-7-109.6 shall be IS subject to a
49 civil penalty of not more than fifteen FORTY-SEVEN thousand THREE
50 HUNDRED FIFTY-SEVEN dollars per day for each violation; EXCEPT THAT,
51 ON OR BEFORE DECEMBER 31, 2021, THE COMMISSION SHALL, BY RULE,
52 ANNUALLY ADJUST THE AMOUNT OF THE MAXIMUM CIVIL PENALTY BASED
53 ON THE PERCENTAGE CHANGE IN THE UNITED STATES DEPARTMENT OF
54 LABOR'S BUREAU OF LABOR STATISTICS CONSUMER PRICE INDEX FOR
55 DENVER-AURORA-LAKEWOOD FOR ALL ITEMS AND ALL URBAN
1 CONSUMERS, OR ITS SUCCESSOR INDEX.
2 SECTION 2. In Colorado Revised Statutes, 25-8-608, amend (1)
3 introductory portion and (1.7)(d)(II) as follows:
4 25-8-608. Civil penalties - rules - fund created - temporary
5 moratorium on penalties for minor violations - definitions - repeal.
6 (1) Except as otherwise provided in subsection (3) of this section, any A
7 person who violates any provision of this article or of any THIS ARTICLE
8 8, A permit issued under this article, or any ARTICLE 8, A control
9 regulation promulgated pursuant to this article ARTICLE 8, or any A final
10 cease-and-desist order or clean-up order shall be IS subject to a civil
11 penalty of not more than ten FIFTY-FOUR thousand EIGHT HUNDRED
12 THIRTY-THREE dollars per day for each day during which such PER
13 violation; occurs EXCEPT THAT, ON OR BEFORE DECEMBER 31, 2021, THE
14 COMMISSION SHALL, BY RULE, ANNUALLY ADJUST THE AMOUNT OF THE
15 MAXIMUM CIVIL PENALTY BASED ON THE PERCENTAGE CHANGE IN THE
16 UNITED STATES DEPARTMENT OF LABOR'S BUREAU OF LABOR STATISTICS
17 CONSUMER PRICE INDEX FOR DENVER-AURORA-LAKEWOOD FOR ALL
18 ITEMS AND ALL URBAN CONSUMERS, OR ITS SUCCESSOR INDEX. In
19 determining the amount of a penalty under this part 6, the following
20 factors shall be considered:
21 (1.7) (d) (II) This subsection (1.7)(d) is repealed, effective
22 September 1, 2021 2025.
23 SECTION 3. In Colorado Revised Statutes, 25-8-609, amend (2),
24 (3) introductory portion, (3)(a), and (3)(b) as follows:
25 25-8-609. Criminal pollution - penalties. (2) Prosecution under
26 paragraph (a) of subsection (1) of this section shall be commenced only
27 upon complaint filed REQUEST by the division or a peace officer, WHO
28 MUST PRESENT EVIDENCE BASED ON REASONABLE SUSPICION TO EITHER
29 THE ATTORNEY GENERAL OR A DISTRICT ATTORNEY FOR THE DISTRICT IN
30 WHICH AN ALLEGED VIOLATION OCCURS. NO CRIMINAL VIOLATION WILL BE
31 CHARGED WITHOUT PROBABLE CAUSE.
32 (3) Any person who commits criminal pollution of state waters
33 shall be fined, for each day the violation occurs, PENALIZED as follows:
34 (a) If the FOR A violation is committed with criminal negligence
35 or recklessly, as BOTH TERMS ARE defined in section 18-1-501, C.R.S., the
36 VIOLATOR IS GUILTY OF A MISDEMEANOR, PUNISHABLE BY A maximum
37 fine shall be twelve OF TWENTY-FIVE thousand five hundred dollars PER
38 DAY FOR EACH DAY THE VIOLATION OCCURS, IMPRISONMENT OF UP TO ONE
39 YEAR, OR BOTH.
40 (b) If the FOR A violation is committed knowingly or intentionally,
41 as BOTH TERMS ARE defined in section 18-1-501, C.R.S., the VIOLATOR IS
42 GUILTY OF A CLASS 5 FELONY AND, NOTWITHSTANDING SECTION
43 18-1.3-401, UPON CONVICTION THEREOF, SHALL BE PUNISHED BY A
44 maximum fine shall be twenty-five OF FIFTY thousand dollars PER DAY
45 FOR EACH DAY THE VIOLATION OCCURS, IMPRISONMENT OF UP TO THREE
46 YEARS, OR BOTH.
47 SECTION 4. In Colorado Revised Statutes, amend 25-8-610 as
49 25-8-610. Falsification and tampering - penalties. (1) Any
50 person who knowingly makes any MATERIAL false statement,
51 representation, or certification in any application, record, report, plan, or
52 other document filed or required to be maintained under this article
53 ARTICLE 8 or who falsifies, tampers with, or knowingly renders inaccurate
54 any monitoring device or method required to be maintained under this
55 article ARTICLE 8 is guilty of a misdemeanor CLASS 5 FELONY and, upon
1 conviction thereof, shall be punished by a fine of not more than ten
2 thousand dollars, or by imprisonment in the county jail for not more than
3 six months, or by both such fine and imprisonment AS SPECIFIED IN
4 SECTION 18-1.3-401.
5 (2) PROSECUTION UNDER THIS SECTION SHALL BE COMMENCED
6 UPON REQUEST BY THE DIVISION OR A PEACE OFFICER, WHO MUST PRESENT
7 EVIDENCE BASED ON REASONABLE SUSPICION TO EITHER THE ATTORNEY
8 GENERAL OR A DISTRICT ATTORNEY FOR THE DISTRICT IN WHICH AN
9 ALLEGED VIOLATION OCCURS. NO CRIMINAL VIOLATION WILL BE CHARGED
10 WITHOUT PROBABLE CAUSE.
11 (3) IF TWO SEPARATE OFFENSES UNDER THIS SECTION OCCUR IN
12 TWO SEPARATE OCCURRENCES DURING A PERIOD OF TWO YEARS,
13 NOTWITHSTANDING SECTION 18-1.3-401, THE MAXIMUM FINE AND PERIOD
14 OF IMPRISONMENT FOR THE SECOND OFFENSE ARE DOUBLE THE AMOUNTS
15 SPECIFIED IN SECTION 18-1.3-401.
16 (2) (4) Any penalty collected under this section shall be credited
17 to the general fund.
18 SECTION 5. Potential appropriation. Pursuant to section
19 2-2-703, C.R.S., any bill that results in a net increase in periods of
20 imprisonment in state correctional facilities must include an appropriation
21 of money that is sufficient to cover any increased capital construction, any
22 operational costs, and increased parole costs that are the result of the bill
23 for the department of corrections in each of the first five years following
24 the effective date of the bill. Because this act may increase periods of
25 imprisonment, this act may require a five-year appropriation.
26 SECTION 6. Applicability. This act applies to conduct
27 occurring, including fines assessed, on or after the effective date of this
29 SECTION 7. Safety clause. The general assembly hereby finds,
30 determines, and declares that this act is necessary for the immediate
31 preservation of the public peace, health, or safety.".
33 Page 1, strike lines 104 and 105 and substitute "AND WATER QUALITY
House Journal, June 4
11 Amendment No. 1, Appropriations Report, dated June 3, 2020, and placed
12 in member’s bill file; Report also printed in House Journal, June 3, 2020.
14 Amendment No. 2, by Representative Gonzales-Gutierrez.
16 Amend the Appropriations Committee Report, dated June 3, 2020, page
17 3, lines 25 and 26, strike "ONE YEAR," and substitute "THREE HUNDRED
18 SIXTY-FOUR DAYS,".
20 As amended, ordered engrossed and placed on the Calendar for Third
21 Reading and Final Passage.