The Senate Transportation & Energy Committee advanced SB26-016, which prohibits facilities from discharging pre-production plastic materials and bars CDPHE from issuing permits for such discharges, passing it 5-3 to the Committee of the Whole over industry opposition centered on criminal penalties, vague definitions, and fiscal impact concerns.
Senator Mullica pointed to the fiscal note's 'prior conviction data and assumption' section, which states the bill creates a new offense of recklessly, knowingly, intentionally, or with criminal negligence discharging plastic as a class two misdemeanor. Senator Cutter countered that 'it is not a new criminal offense,' stating she clarified this with drafter Ms. Haffner and that the language simply adds plastic pellets to existing statute. Danny Katz added that the sponsors 'did not intend for this to be some new criminal justice component.' The fiscal note language and the sponsors' characterization were in direct tension.
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“It should not be a burden for someone to not pollute. That just seems so simple to me.”
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Sign in to subscribeGood afternoon. I'll call to order the Senate Transportation and Energy Committee. Ms. Swartz, can you please call the roll? Senators Bazley. Present. Catlin. Here. Exum. Good afternoon. Linstedt. Present. Mullica. Here. Pelton. Here. Sullivan. Here. Ball. Here. And Madam Chair? Present. We're only hearing one bill Today, Senate Bill 16. And so I will now turn the gavel over to Senator Ball so I can go present. Thank you, Madam Chair. Must be a slow news day. Wonderful. So we are here to Hear Senate Bill 2616. Prohibit discharge of pre production plastic materials. Senator Cutter, Senator Wallace, whoever would like to start and tell us about your bill. Thank you, Chair Ball. So Senate Bill 16 is about plastic pellets. These are small lentil sized pieces of plastic that are used in plastic manufacturing. They're essentially the feedstock that's melted down to create other plastic products, from packaging and containers to computers and other electronics. Because they're so small and lightweight, they can be spilled at almost every step of the production process at raw plastic manufacturing facilities, from trains and other transport vehicles, and at the facilities that use them to make these other products. They're incredibly…
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