2016 COLORADO GENERAL ASSEMBLY: LEGISLATIVE SUMMARY CONCERNING SOLID WASTE
Prepared for Colorado SWANA Rocky Mountain Chapter
February 12, 2016

(HB = House Bill SB = Senate Bill)

Solid Waste Related Bills

SB16-124 – Sales & use Tax Treatment of Equipment used for processing recovered material

Sponsors: Senate: Grantham – House: Priola
Summary: Purchases of machinery or machine tools to be used in Colorado directly and predominantly in manufacturing tangible personal property are currently exempt from state sales and use tax. The bill would extend the exemption to companies on a CDPHE list for machinery or machine tools purchased by a business to process recovered materials (includes equipment for recovered material such as reuse, remanufacturing or recycling.
Status: 1/29/2016 introduced in Senate, assigned to Finance Appropriations Committee
2/12/2016 passed out of committee

Environmental Bills of potential interest

HB16-1004 – House: Winter and Arndt- Senate: Kefalas – Concerning a requirement to include measurable goals that are subject to deadlines in CO climate action plan. The state climate action plan to include specific measurable goals, the achievement of which will either reduce Colorado’s greenhouse gas emissions or increase Colorado’s adaptive capability to respond to climate change, along with associated near-term, mid-term, and long-term deadlines to achieve the goals; and ! The annual climate report to the general assembly to include an analysis of the progress made in meeting the measurable goals and deadlines specified in the plan.

HB16-1005 – CONCERNING THE USE 101 OF RAIN BARRELS TO COLLECT PRECIPITATION FROM A RESIDENTIAL ROOFTOP FOR NONPOTABLE OUTDOOR USES. A maximum of 2 rain barrels with a combined storage capacity of 110 gallons or less are used; ! Precipitation is collected from the rooftop of a building that is used primarily as a single-family residence or a multi-family residence with 4 or fewer units; etc.

SB16-092 – Concerning the Authorization of the State to Act Pursuant to the Federal “Oil Pollution Act of 1990” – Current law authorizes CDPHE and the attorney general to act as trustees under the federal “Comprehensive Environmental Response, Compensation, and Liability Act” (aka Superfund) for the receipt of natural resource damages and to conduct and expend money for response actions. The bill adds the federal “Oil Pollution Act of 1990” as a source – SENATE SPONSORSHIP: Grantham, Lambert, Steadman HOUSE SPONSORSHIP: Rankin, Hamner, Young

HB16-1141 – Concerning the Protection of Colorado Residents from the hazards associated with naturally occurring radioactive materials in buildings. The bill provides a number of protections to the citizens of Colorado from the hazards associated with naturally occurring radioactive materials in buildings, specifically the hazards from radon and uranium mill tailings. The Colorado department of public health and environment (CDPHE) must develop a statewide educational program to educate the public, real estate brokers, and builders about radon gas, including health risks, testing options, and mitigation techniques. CDPHE must also establish a program to provide financial assistance to low-income individuals for radon mitigation in their homes. The bill extends by 10 years (from 2017 to 2027) the uranium mill tailings remedial action fund, which pays for a program that provides information to the public on uranium mill tailings contamination in residences and commercial buildings. Section 2 of the bill abolishes the uranium mill tailings remedial action oversight committee.

HB 16-1181 – CONCERNING A REQUIREMENT THAT A LOCAL GOVERNMENT THAT BANS HYDRAULIC FRACTURING COMPENSATE OIL AND GAS MINERAL INTEREST OWNERS AFFECTED BY THE BAN. The bill specifies that a local government that bans hydraulic fracturing of an oil and gas well is liable to the mineral interest owner for the value of the lost royalties.

SJM16-001 (Senate joint Memorial) – CONCERNING PROTECTION FROM LIABILITY FOR VOLUNTARY RECLAMATION OF ABANDONED HARD ROCK MINES. That we, the members of the Colorado General Assembly, urge Congress to pass legislation establishing a Good Samaritan exemption from liability under the CWA and CERCLA as an important step toward preventing another disaster like the Gold King Mine spill and remediating all other draining abandoned hard rock mines in Colorado.