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
44 recommendation:
45
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.".
49
50 Page 6, line 3, strike "THREE" and substitute "FIVE".
51
52 Page 6, line 5, strike "ONE" and substitute "AT LEAST THREE".
53
54 Page 7, strike lines 12 through 27.
55
56 Strike page 8.
1 Page 9, strike lines 1 through 3 and substitute:
2
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
17 SOLICITATION;
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
11 OCCURRED;
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.".
18
19 Renumber succeeding subsection accordingly.
20
21 Page 10, line 4, after "(1.7)(a)(IV)," insert "(1.7)(c),".
22
23 Page 11, line 5, strike "STANDARDS" and substitute "CRITERIA".
24
25 Page 11, line 6, strike "(4)." and substitute "(5).".
26
27 Page 11, after line 6 insert:
28
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.
35 C.R.S.".
36
37

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
25 recommendation:
26
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".
32
33