2016 COLORADO GENERAL ASSEMBLY: LEGISLATIVE SUMMARY CONCERNING SOLID WASTE
Prepared for Colorado SWANA Rocky Mountain Chapter
May 17, 2016 – (red indicates new information since April 18, 2016)

The Second Regular session of the 70th General Assembly adjourned May 11, 2016. The First Regular session of the 71st General Assembly will convene on January 11, 2017.
Solid Waste Related Bills
(HB = House Bill SB = Senate Bill)

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:

  • 2/5/2016 Introduced in Senate, assigned to Finance Appropriations Committee
  • 2/16/2016 Finance refer Un-amended to Appropriations 3/11/2016 Appropriations refer amended to Senate Committee of the whole
  • 4/14/2016 House Committee on Finance referred un-amended to Appropriations
  • 5/9/2016 Sent to Governor

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. 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. 3/30/2016 – Senate Committee on Agriculture etc. Postponed indefinitely

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. 4/1/2016 passed Senate 3rd reading no amendments. 5/12/2016 Governor signed

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 – 3/23/2016 – Governor Signed

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. 4/15/2016 – signed by the Senate, sent to Governor – 4/21/2016 Governor signed

HB 16-1181 – CONCERNING A REQUIREMENT THAT A LOCAL GOVERNMENT THAT BANS HYDRAULIC FRACTURING COMPENSATES 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. 2/24/2016 – House Committee postpone indefinitely

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. As of 3/30/2016 – signed by Senate and the House