HB 23-1194

Abstract

The bill creates the closed landfill remediation grant program (grant program) to help eligible local governments pay the costs of environmental remediation efforts and landfill management. The department of public health and environment (department) is required to administer the grant program in accordance with rules promulgated by the solid and hazardous waste commission (commission) in the department. The department, in consultation with a 5-person advisory committee created in the bill, may award grants from money in the closed landfill remediation grant program fund (fund) , which fund is also created in the bill.The commission must evaluate the current and future financial needs of the grant program and make written recommendations to the general assembly regarding funding. Additionally, the department must prepare and post on its public website a report that summarizes the use of all grant money awarded under the grant program in the preceding fiscal year.The grant program is repealed, effective September 1, 2033, subject to sunset review.The bill requires the commission to promulgate rules establishing a process for resolving disputes between local governments and the department. The rules must include the creation of a technical committee consisting of 3 individuals who review disputes and recommend dispute resolutions.The bill requires the department to work with a local government that owns a closed landfill to address compliance issues and attempt to resolve disputed issues in a collaborative manner before implementing certain enforcement mechanisms. While a dispute resolution process is occurring in good faith, the department must cease and desist with ongoing enforcement mechanisms and must not implement new enforcement mechanisms against a local government.The bill requires the commission to promulgate rules concerning the imposition of civil penalties against local governments and to consider certain factors in promulgating the rules.For the 2023-24 state fiscal year, the bill appropriates $15,000,000 from the general fund to the fund for use by the department. Of this amount, $170,702 is reappropriated to the department for the solid waste control program. Of this reappropriated amount, $87,976 is appropriated to the department of law to pay for legal services provided to the department. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)