870EE686F7E4DF0C872584D30055CEFB Hearing Summary

Jery Payne, Senior Attorney, Office of Legislative Legal Services, testified before the Committee. Mr. Payne presented the Office's rule memorandum concerning the contested rule issues of the Air Quality Control Commission concerning low emission automobile regulation.

Senators Foote and Gardner and Representative Van Winkle were present at 8:39 a.m.

Amy Beattie, Deputy Attorney General for natural resources and environment, and John Putnam, Director of Environmental Programs, Colorado Department of Public Health and Environment (CDPHE), testified before the Committee. Ms. Beattie explained CDPHE's position with regard to the Office's statutory construction argument and why a plain meaning construction of the statute doesn't work. Mr. Putnam agreed with Ms. Beattie and mentioned that CDPHE has been interpreting the statutory provision the same way since 1990 and the Office's memorandum would be a big shift in the way the statute has been interpreted for years. Mr. Putnam also explained the balancing of state and federal authority in emissions standards.

Mr. Payne responded to Ms. Beattie's and Mr. Putman's testimony and statutory interpretation.

Ms. Beattie responded to Mr. Payne's analysis.

Mr. Putnam expounded on Ms. Beattie's analysis and response.

Senator Foote and Mr. Putnam discussed the rule and state and federal implementation plans and why, when creating new regulations, they make them state only, and not part of the state implementation plan.

Representative Tipper and Mr. Putnam discussed what consequences, if any, there would be in not extending the rules.

Thomas Morris, Assistant Director, Office of Legislative Legal Services, testified before the Committee. Mr. Morris said that the statutory language is written to prohibit more stringent diesel emission standards.

Tim Jackson and Matthew Groves, representing new car dealers, Colorado Auto Dealers Association, testified before the Committee on their opposition to the rule. Mr. Groves spoke about cooperative federalism with regard to emission standard rules and the difference between regulating the existing and future fleets. Mr. Jackson spoke about how clean new cars are with regard to emissions and how the rule makes new cars more expensive for consumers.

Representative Herod spoke to Mr. Jackson and Mr. Groves about how the rule hearing was about CDHPE's authority to make the rule, and Mr. Groves responded that without federal authority there is no authority for CDHPE's rule.

Senator Foote asked about the rule-making hearing on the rule, and Mr. Groves responded that during the rule making the rule had a problem because of the lack of a pilot program in violation of the APA.

Representative Soper commented on the complexity of the rule issue.

Senator Gardner talked about the votes on rule issues the Committee has had to make in the past and the difficulty of deciding whether or not to extend a rule based on the authority for the rule and not the policy.

Senator Lee talked about the deliberation and interpretation the Committee has to take when considering a rule issue.

Senator Foote talked about his analysis of the arguments given on the rule issue and conflicting expression of legislative intent.