June 18, 2019

SB 13-073: Requiring Division of Administration to Follow Rule-Making Procedures when Proposing Changes to Permits Related to Water Quality Control

On Tuesday, January 22, 2013, Sen. Greg Brophy introduced SB 13-073 – Concerning a Requirement that the Division of Administration of the Department of Public Health and Environment Follow Rule-Making Procedures when Proposing Changes to General Permits Related to Water Quality Control. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Currently, the division of administration (division) of the department of public health and environment may adopt new and amended permit requirements for general permits related to water quality control without providing any of the following information to existing and potential permit holders:

  • A statement of basis and purpose for the changes;
  • Evidence and data in support of the changes; and
  • A cost-benefit analysis of the effect the changes will have on permit holders.

The bill requires the division to comply with the rule-making procedures set forth in the “State Administrative Procedure Act” when the division proposes new or amended permit requirements with respect to general permits related to water quality control. On Feb. 4, the State, Veterans, & Military Affairs heard testimony; the bill is back on the calendar for “action only” on Wednesday, Feb. 13 at 1:30 p.m.

Since this summary, the State, Veterans, & Military Affairs Committee amended the bill and referred it to the Appropriations Committee.