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Legislative Year: 2023 Change
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Bill Detail: HB23-1194

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Title Closed Landfills Remediation Local Governments Grants
Status Governor Signed (05/19/2023)
Bill Subjects
  • Local Government
  • Public Health
House Sponsors B. McLachlan (D)
R. Pugliese (R)
Senate Sponsors J. Ginal (D)
C. Simpson (R)
House Committee Transportation, Housing and Local Government
Senate Committee Appropriations
Date Introduced 02/13/2023
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.

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