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HB23-1194

Closed Landfills Remediation Local Governments Grants

Concerning efforts to remediate risks associated with certain closed landfills, and, in connection therewith, creating the closed landfill remediation grant program, requiring the department of public health and environment to work collaboratively with local governments to address concerns before implementing certain enforcement mechanisms, and establishing a process for resolving disputes between local governments and the department of public health and environment.
Session:
2023 Regular Session
Subjects:
Local Government
Public Health
Bill Summary

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, which fund is also created in the bill.

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.


(Note: This summary applies to this bill as introduced.)

Status

Introduced
Under Consideration

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Bill Text

Sponsors

Sponsor Type Legislators
Prime Sponsor

Rep. B. McLachlan, Rep. R. Pugliese
Sen. J. Ginal, Sen. C. Simpson

Sponsor

Co-sponsor

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