Amendments for SB20-204
Senate Journal, May 27
After consideration on the merits, the Committee recommends that SB20-204 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 7, line 2, after "CONDUCT" insert
"SCIENCE-BASED, UNBIASED".
Page 7, line 17, after "EXPERTS," insert "ENGINEERS WITH AIR QUALITY
EXPERTISE,".
Page 8, strike line 16.
Page 8, line 19, after "LABORATORIES," insert "PRIVATE RESEARCH
INSTITUTIONS AND CONSULTANTS WITH EXPERTISE IN AIR QUALITY,".
Page 9, line 4, strike "SERVICES." and substitute "SERVICES; AND
(VII) PROMOTE THE DEVELOPMENT OF UNBIASED, HIGH QUALITY
SCIENCE RATHER THAN ADVOCATE FOR OR DEVELOP AIR QUALITY POLICY.
CONSISTENT WITH THIS, THE ENTERPRISE SHALL NOT PARTICIPATE IN ANY
AIR QUALITY-RELATED RULEMAKING PROCEEDINGS OR HAVE ANY ROLE
IN THE IMPLEMENTATION OF COLORADO'S AIR QUALITY LAWS.".
Page 9, line 8, after "GOVERNOR," insert "TWO GOVERNOR APPOINTEES TO
SERVE AS REPRESENTATIVES OF FEE PAYERS WITH EXPERTISE IN FIELD
ENGINEERING OR ENVIRONMENTAL MANAGEMENT,".
Page 9, line 16, after "PRACTICABLE," insert "AT LEAST TWO OF".
Page 12, line 1, after "THEM" insert "AND ALL DATA COLLECTED
PURSUANT TO ENTERPRISE-FUNDED RESEARCH".
Page 12, strike lines 2 through 13 and substitute:
"(e) BEFORE ENGAGING IN ANY RULEMAKING TO ESTABLISH FEES,
THE BOARD SHALL CONDUCT A STAKEHOLDER PROCESS TO SOLICIT INPUT
FROM POTENTIAL FEE PAYERS AND OTHER STAKEHOLDERS ON THE
APPROPRIATE FEE STRUCTURE. THE ENTERPRISE SHALL NOT COLLECT ANY
FEES BEFORE JULY 1, 2021. THE AMOUNT OF ENTERPRISE FEES COLLECTED
IS LIMITED AS FOLLOWS:
(I) FOR STATE FISCAL YEAR 2021-22, FEES MUST NOT EXCEED TWO
MILLION DOLLARS;
(II) FOR STATE FISCAL YEAR 2022-23, FEES MUST NOT EXCEED
THREE MILLION DOLLARS;
(III) FOR STATE FISCAL YEAR 2023-24, FEES MUST NOT EXCEED
FOUR MILLION DOLLARS; AND
(IV) (A) FOR STATE FISCAL YEARS COMMENCING ON OR AFTER
JULY 1, 2024, FEES MUST NOT EXCEED FIVE MILLION DOLLARS.
(B) SUBSECTION (4)(e)(I) TO (4)(e)(III) OF THIS SECTION AND THIS
SUBSECTION (4)(e)(IV)(B) ARE REPEALED, EFFECTIVE SEPTEMBER 1,
2026.".
Page 16, line 5, strike "20-_____" and substitute "20-204".
Finance
Senate Journal, June 2
After consideration on the merits, the Committee recommends that SB20-204 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 16, before line 26 insert:
"SECTION 5. Appropriation. (1) For the 2020-21 state fiscal
year, $10,660 is appropriated to the department of public health and
environment. This appropriation is from the general fund. To implement
this act, the department may use this appropriation for the purchase of
legal services.
(2) For the 2020-21 state fiscal year, $10,660 is appropriated to
the department of law. This appropriation is from reappropriated funds
received from the department of public health and environment under
subsection (1) of this section. To implement this act, the department of
law may use this appropriation to provide legal services for the
department of public health and environment.".
Renumber succeeding sections accordingly.
Page 1, line 103, strike "FEES AND" and substitue "FEES," and strike
"ENTERPRISE." and substitute "ENTERPRISE, AND MAKING AN
APPROPRIATION.".
Senate Journal, June 4
SB20-204 by Senator(s) Fenberg; also Representative(s) Jackson and Caraveo--Concerning the
provision of additional resources to protect air quality, and, in connection therewith,
increasing fees and creating the air quality enterprise.
Amendment No. 1, Finance Committee Amendment.
(Printed in Senate Journal, May 27, page 585 and placed in members' bill files.)
Amendment No. 1, Appropriations Committee Amendment.
(Printed in Senate Journal, June 2, page 637 and placed in members' bill files.)
Amendment No. 3(L.004), by Senator Fenberg.
Amend the Finance Committee Report, dated May 27, 2020, page 1, after
line 2 insert:
"Page 7 of the bill, line 5, strike "HEALTH EFFECTS DATA;" and substitute
"DATA REGARDING POTENTIAL HEALTH RISKS FROM EMISSIONS;".
Page 7 of the bill, line 15, strike "IMPARTIAL" and substitute "IMPARTIAL,
TRANSPARENT,".".
Page 1 of the report, after line 4 insert:
"Page 8 of the bill, line 3, strike "HEALTH" and substitute "PUBLIC
HEALTH RISK".".
Page 1 of the report, strike lines 10 and 11 and substitute "SCIENCE AND
NOT ADVOCATE FOR OR DEVELOP AIR QUALITY POLICY. CONSISTENT WITH
THIS, THE BOARD SHALL NOT PARTICIPATE AS A PARTY IN ANY".
Page 1 of the report, line 16, strike "MANAGEMENT,"." and substitute
"MANAGEMENT, ONE GOVERNOR APPOINTEE WITH SIGNIFICANT PRIVATE
SECTOR EXPERIENCE IN THE FIELD OF BUSINESS MANAGEMENT,".".
Page 1 of the report, after line 17 insert:
"Page 10 of the bill, after line 7 insert:
"(g) THE BOARD SHALL CONDUCT THE ENTERPRISE'S BUSINESS AS
REQUIRED BY STATE LAW, INCLUDING THE OPEN MEETING REQUIREMENTS
OF PART 4 OF ARTICLE 6 OF TITLE 24 AND THE OPEN RECORD
REQUIREMENTS OF ARTICLE 72 OF TITLE 24.".
Page 11 of the bill, line 4, strike "AND RESEARCH;" and substitute
"HEALTH RISK ASSESSMENT, AND RESEARCH RELATED TO STATIONARY
SOURCES THAT:
(A) FOLLOW OR ADVANCE BEST PRACTICES FOR RISK ASSESSMENT,
RISK MANAGEMENT, MONITORING, MODELING, AND ASSESSMENT;
(B) USE CONSISTENT, DATA-DRIVEN, AND TRANSPARENT
PROCESSES FOR SCOPING AND PRIORITIZING ACTIVITIES; AND
(C) USE THE BEST AVAILABLE SCIENTIFIC INFORMATION;".
Page 11 of the bill, line 6, after "REGARDING" insert "STATIONARY
SOURCE".
Page 11 of the bill, strike line 8 and substitute "PUBLIC HEALTH RISK
IMPACTS FROM THOSE EMISSIONS;".
Page 11 of the bill, line 27, after the period insert "BEFORE FINALIZING A
DRAFT RESEARCH PRODUCT, THE BOARD SHALL POST THE DRAFT ON THE
BOARD'S WEBSITE AND ALLOW A PERIOD OF TIME FOR PUBLIC COMMENT
ON THE DRAFT.".".
Page 2 of the report, line 4, strike "ENGAGING IN ANY RULEMAKING TO
ESTABLISH" and substitute "ESTABLISHING".
Page 2 of the report, line 10, strike "TWO" and substitute "ONE".
Page 2 of the report, after line 20 insert:
"Page 12 of the bill, after line 26 insert:
"(6) Repeal. (a) THIS SECTION IS REPEALED, EFFECTIVE
SEPTEMBER 1, 2034. BEFORE THE REPEAL, THE ENTERPRISE IS SCHEDULED
FOR REVIEW IN ACCORDANCE WITH SECTION 24-34-104.
(b) ON SEPTEMBER 1, 2034, THE STATE TREASURER SHALL
TRANSFER ALL UNALLOCATED MONEY IN THE FUND TO THE STATIONARY
SOURCES CONTROL FUND CREATED IN SECTION 25-7-114.7 (2)(b)(I).
SECTION 3. In Colorado Revised Statutes, 24-34-104, add
(35)(a)(IV) as follows:
24-34-104. General assembly review of regulatory agencies
and functions for repeal, continuation, or reestablishment -
legislative declaration - repeal. (35) (a) The following agencies,
functions, or both, are scheduled for repeal on September 1, 2034:
(IV) THE AIR QUALITY ENTERPRISE CREATED BY SECTION
25-7-103.5.".
Renumber succeeding sections accordingly.
Page 13 of the bill, line 10, strike "EIGHTEEN DOLLARS." and substitute
"SIXTEEN DOLLARS. FOR STATE FISCAL YEAR 2021-22, THE FEE FOR FILING
AN AIR POLLUTANT EMISSION NOTICE OR AN AMENDMENT TO THE NOTICE
UNDER THIS SECTION IS TWO HUNDRED FORTY-TWO DOLLARS.".
Page 13 of the bill, line 20, after "(2)(b)(III)" insert "and (2)(b)(IV)".
Page 14 of the bill, line 2, strike "THIRTY-THREE" and substitute
"THIRTY-TWO DOLLARS PER TON OF REGULATED POLLUTANT REPORTED
IN THE MOST RECENT AIR POLLUTION EMISSION NOTICE ON FILE WITH THE
DIVISION. FOR STATE FISCAL YEAR 2021-22, THE FEE IS THIRTY-SIX".
Page 14 of the bill, line 18, strike "EIGHTEEN" and substitute "SIXTEEN
DOLLARS PER TON. FOR STATE FISCAL YEAR 2021-22, IN ADDITION TO THE
ANNUAL FEE SET FORTH IN SUBSECTION (2)(a)(I)(A) OF THIS SECTION, FOR
HAZARDOUS AIR POLLUTANTS, INCLUDING OZONE-DEPLETING
COMPOUNDS, THERE IS AN ANNUAL FEE OF TWO HUNDRED THIRTY-NINE".
Page 15 of the bill, line 10, strike "NINE DOLLARS" and substitute "EIGHT
DOLLARS AND TWELVE CENTS PER HOUR. FOR STATE FISCAL YEAR
2021-22, THE DIVISION SHALL ASSESS A FEE FOR WORK IT PERFORMS, UP
TO A MAXIMUM OF THIRTY HOURS AT A RATE OF ONE HUNDRED NINETEEN
DOLLARS".".
Page 2 of the report, after line 21 insert:
"Page 16 of the bill, line 12, strike "OIL AND GAS" and substitute
"STATIONARY".
Page 16 of the bill, line 17, strike "OIL AND GAS INDUSTRY" and substitute
"STATIONARY SOURCE".
Page 16 of the bill, after line 25 insert:
"(IV) THE DIVISION SHALL REPORT ANNUALLY REGARDING HOW
THE FEES AUTHORIZED BY THIS SECTION HAVE BEEN UTILIZED, WHAT
RELATED EFFICIENCY AND PROCESS IMPROVEMENTS HAVE BEEN MADE,
AND A PROJECTION OF SHORT-TERM AND LONG-TERM CAPITAL OPERATING
EXPENDITURES. BEFORE MAKING ANY FEE ADJUSTMENT AFTER FISCAL
YEAR 2021-22 THAT IS AUTHORIZED BY SECTION 25-7-114.1 (6)(a) OR
25-7-114.7 (2)(a)(I)(A), (2)(a)(I)(B), OR (2)(a)(III), THE DIVISION SHALL
REPORT ANNUALLY ABOUT HOW EXISTING FEES HAVE BEEN UTILIZED AND
ENGAGE IN A STAKEHOLDER PROCESS WITH IMPACTED STATIONARY
SOURCES. THE DIVISION SHALL INITIATE THIS STAKEHOLDER PROCESS AT
LEAST SIX MONTHS BEFORE ANY RULE THAT INCREASES FEES BECOMES
EFFECTIVE UNLESS EMERGENCY RULEMAKING PURSUANT TO SECTION
24-4-103 IS NECESSARY. THE STAKEHOLDER PROCESS MUST INVOLVE
DISCUSSION OF:
(A) ONGOING EFFICIENCY IMPROVEMENT PROJECTS AND
PROGRESS TOWARDS COMPLETION OF THOSE PROJECTS, INCLUDING
DATABASE IMPROVEMENTS AND REPLACING THE EXISTING AIR POLLUTION
EMISSION NOTICE PROCESS WITH AN IMPROVED EMISSION INVENTORY
PROCESS; AND
(B) THE JUSTIFICATION AND NECESSITY OF ADDITIONAL FEE
INCREASES, INCLUDING AN OUTLINE OF WHERE INCREASES IN FEES WILL
BE UTILIZED MOVING FORWARD.".".
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.