Amendments for HB20-1265

House Journal, March 11
10 HB20-1265 be amended as follows, and as so amended, be referred to
11 the Committee on Finance with favorable
12 recommendation:
13
14 Amend corrected printed bill, page 5, line 5, after "(b)" insert "(I)".
15
2017 16 Page 5, line 8, strike "11023:" and substitute "11023 FOR THE YEAR
17 OR LATER:".
18
19 Page 5, line 9, strike "(I)" and substitute "(A)".
20
21 Page 5, line 10, strike "(II)" and substitute "(B)".
22
23 Page 5, line 11, strike "(III)" and substitute "(C)" and after the semicolon
24 add "AND".
25
26 Page 5, line 12, strike "(IV)" and substitute "(D)".
27
28 Page 5, strike lines 13 and 14 and substitute:
29
30 "(II) "COVERED FACILITY" INCLUDES A STATIONARY SOURCE THAT
31 EMITS AN AIR TOXIC LISTED BY RULE PURSUANT TO SUBSECTION (2)(a) OF
32 THIS SECTION IF THE FACILITY HAS REPORTED AN AMOUNT THAT IS AT
33 LEAST THE AMOUNT SPECIFIED BY THE RULE BASED ON ITS FEDERAL
11023 34 TOXICS RELEASE INVENTORY FILINGS PURSUANT TO 42 U.S.C. SEC.
35 FOR THE TEN CALENDAR YEARS BEFORE THE EFFECTIVE DATE OF THE RULE.
36 (III) A STATIONARY SOURCE REMAINS A COVERED FACILITY UNTIL
37 BOTH THE FOLLOWING EVENTS OCCUR:
38 (A) THE FACILITY HAS NOT EXCEEDED ANY HEALTH-BASED
39 EMISSION LIMIT STANDARD PURSUANT TO SUBSECTION (3) OF THIS SECTION
40 DURING THE PREVIOUS TEN YEARS; AND
41 (B) THE EMISSION DATA DISSEMINATED PURSUANT TO SUBSECTION
42 (4)(a)(IV) OF THIS SECTION DEMONSTRATE THAT THE FACILITY NO LONGER
43 POSES A RISK TO PUBLIC HEALTH, AS DETERMINED BY THE DIVISION AFTER
44 OPPORTUNITY FOR NOTICE AND COMMENT AND A PUBLIC HEARING IN THE
45 AFFECTED COMMUNITY.".
46
47 Page 12, after line 3 insert:
48
49 "(i) A FACILITY THAT HAS INSTALLED MONITORING EQUIPMENT
50 PURSUANT TO A MONITORING PLAN SHALL CONTINUE TO DISSEMINATE
51 EMISSION DATA PURSUANT TO SUBSECTION (4)(a)(IV) OF THIS SECTION
52 IRRESPECTIVE OF WHETHER IT REMAINS A COVERED FACILITY.".
53
54

House Journal, June 1
23 HB20-1265 be amended as follows, and as so amended, be referred to
24 the Committee on Appropriations with favorable
25 recommendation:
26
27 Strike the Energy and Environment Committee Report, dated March 9,
28 2020, and substitute:
29
30 "Amend corrected printed bill, strike everything below the enacting
31 clause and substitute:
32
33 "SECTION 1. In Colorado Revised Statutes, add 25-7-141 as
34 follows:
35 25-7-141. Public notice of air quality incidents - duties of
36 covered entities - definitions. (1) AS USED IN THIS SECTION:
37 (a) "COVERED AIR TOXIC" MEANS HYDROGEN CYANIDE, HYDROGEN
38 SULFIDE, AND BENZENE.
39 (b) "COVERED FACILITY" MEANS A STATIONARY SOURCE THAT
40 REPORTED AT LEAST ONE OF THE FOLLOWING AMOUNTS OF A COVERED AIR
41 TOXIC IN ITS FEDERAL TOXICS RELEASE INVENTORY FILING PURSUANT TO
42 42 U.S.C. SEC. 11023 FOR THE YEAR 2017 OR LATER:
43 (I) FOR HYDROGEN CYANIDE, TEN THOUSAND POUNDS;
44 (II) FOR HYDROGEN SULFIDE, FIVE THOUSAND POUNDS; AND
45 (III) FOR BENZENE, ONE THOUSAND POUNDS.
46 (c) "EMERGENCY NOTIFICATION SERVICE" HAS THE MEANING
47 ESTABLISHED IN SECTION 29-11-101 (1.5).
48 (d) "INCIDENT" MEANS THE EMISSION BY A COVERED FACILITY OF
49 AN AIR POLLUTANT AT A RATE OR QUANTITY THAT EXCEEDS ALLOWABLE
50 EMISSIONS AS A RESULT OF ANTICIPATED OR UNANTICIPATED
51 CIRCUMSTANCES, INCLUDING A MALFUNCTION, START-UP, SHUTDOWN,
52 UPSET, OR EMERGENCY.
53 (2) EACH COVERED FACILITY SHALL:
54 (a) CONDUCT OUTREACH TO REPRESENTATIVES OF THE
55 COMMUNITY SURROUNDING THE COVERED FACILITY TO DISCUSS
56 COMMUNICATIONS REGARDING THE OCCURRENCE OF AN INCIDENT,
1 INCLUDING:
2 (I) METHODS BY WHICH THE COVERED FACILITY CAN DISSEMINATE
3 INFORMATION TO THE COMMUNITY AND METHODS BY WHICH COMMUNITY
4 MEMBERS CAN CONTACT THE COVERED FACILITY REGARDING AN INCIDENT;
5 AND
6 (II) PROVISIONS FOR COMMUNICATIONS IN SPANISH;
7 (b) USE AN EMERGENCY NOTIFICATION SERVICE THROUGH WHICH
8 THE COVERED FACILITY WILL COMMUNICATE WITH, AND MAKE DATA
9 AVAILABLE TO, THE COMMUNITY SURROUNDING THE COVERED FACILITY
10 REGARDING THE OCCURRENCE OF AN INCIDENT;
11 (c) IMPLEMENT THE EMERGENCY NOTIFICATION SERVICE WITHIN
12 SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION; AND
13 (d) PAY ALL COSTS ASSOCIATED WITH ITS USE OF THE EMERGENCY
14 NOTIFICATION SERVICE.
15 SECTION 2. Applicability. This act applies to conduct occurring
16 on or after the effective date of this act.
17 SECTION 3. Safety clause. The general assembly hereby finds,
18 determines, and declares that this act is necessary for the immediate
19 preservation of the public peace, health, or safety.".".
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