[Congressional Record (Bound Edition), Volume 145 (1999), Part 12]
[Extensions of Remarks]
[Page 16492]
[From the U.S. Government Publishing Office, www.gpo.gov]



           PASSAGE OF COLORADO HOUSE JOINT RESOLUTION 99-1046

                                 ______
                                 

                           HON. BOB SCHAFFER

                              of colorado

                    in the house of representatives

                         Friday, July 16, 1999

  Mr. SCHAFFER. Mr. Speaker, the state of Colorado has requested 
Congress reform its ``Superfund'' law to address the needs of 
businesses. Our position on this important matter has been established 
by the Colorado General Assembly though the passage of Colorado House 
Joint Resolution 99-1046.
  This measure was authored and sponsored by State Representative Jack 
Taylor and State Senator Dave Wattenberg. I hereby submit Colorado's 
Resolution for the Record and urge its consideration by my colleagues 
in formulating useful solutions to federal superfund laws.

                       Colorado General Assembly


                     HOUSE JOINT RESOLUTION 99-1046

By Representatives Taylor, Alexander, Fairbank, Hefley, Hoppe, Johnson, 
    Kaufman, Kester, King, Larson, McKay, Miller, Nunez, Paschall, 
     Spradley, Stengel, Webster, Young; also Senators Wattenberg, 
     Blickensderfer, Chlouber, Epps, Evans, Hillman, Owen, Powers.


Concerning a request for amendment of the federal ``Superfund'' law to 
                    address the needs of businesses.

       Whereas, the General Assembly commends the intent 
     underlying the federal Superfund law, namely, the desire to 
     protect human health and the environment first while 
     deferring until later the assessment of blame and the 
     collection of costs from persons found to be liable; and
       Whereas, The Superfund law generally serves this intent in 
     cases where causation is clear; and
       Whereas, The Superfund law has proven not to serve as well 
     in other cases; and
       Whereas, Specifically, the Superfund liability system leads 
     to excessive litigation for businesses, uncertainties in 
     responsibility that hamper access to capital, unwarranted 
     delays in the resolution of liability, and lack of 
     responsiveness to the particular needs of business 
     enterprises; and
       Whereas, Such problems are most vexing in the case of 
     speciality oil change service stations, general automobile 
     service stations, and other businesses that generate used oil 
     in their daily activities and centrally collect and recycle 
     used oil that would otherwise be disposed of by uncertain 
     means and eventually become dispersed in the environment; and
       Whereas, A businesses of this kind that contracts with an 
     oil collection and recycling firm certified by the 
     Environmental Protection Agency should be able to depend on 
     such certification and continue to operate in good faith, 
     without fear of future liability; and
       Whereas, Nevertheless, the current Superfund law does not 
     offer even this basic level of protection to a business that 
     makes every effort to be environmentally responsible; and
       Whereas, Businesses are committed to environmental 
     protection, but have serious concerns with the current 
     Superfund program; and
       Whereas, Reforming the Superfund program to address the 
     needs of businesses would contribute to their continued 
     viability and to the economic health of the state as a whole; 
     now, therefore,
       Be it Resolved by the House of Representatives of the 
     Sixty-second General Assembly of the State of Colorado, the 
     Senate concurring herein:
       That we, the members of the Colorado General Assembly, 
     hereby request the Congress of the United States to make the 
     following changes to the Superfund law:
       1. Eliminate third-party litigation and instead adopt a 
     streamlined expedited, and informal process to quickly 
     allocate responsibility among all parties potentially liable 
     for cleanup of a Superfund site.
       2. For businesses that accept their responsibility as 
     allocated under the streamlined process, or that did not have 
     the legal right to control the site during periods when 
     contamination occurred, provide immunity from further 
     liability.
       3. Include, as part of the streamlined process, a means for 
     determining and declaring minimis liability for contamination 
     at a site within 180 days. If the 180-day period is exceeded 
     by more than 120 days, relieve business de minimis parties of 
     all liability unless the delay is outside the control of the 
     Environmental Protection Agency.
       4. Make the ability to pay an explicit, required criterion 
     for allocation of financial responsibility to a business, 
     taking into account the business's overall financial 
     condition and its ability to raise revenue.
       Be it further resolved, That copies of this resolution be 
     sent to each member of Colorado's Congressional delegation 
     and to the administrator of the Environmental Protection 
     Agency.
     Russell George,
       Speaker of the House of Representatives.
     Ray Powers,
       President of the Senate.
     Judith M. Rodrigue,
       Chief Clerk of the House of Representatives.
     Patricia K. Dicks,
       Secretary of the Senate.

       

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