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Legislative Year: 2021 Change

Bill Detail: SB21-125

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Title Alternate Proposals Air Quality Control Rulemaking
Status Senate Committee on Transportation & Energy Postpone Indefinitely (04/01/2021)
Bill Subjects
  • Business & Economic Development
  • Natural Resources & Environment
House Sponsors
Senate Sponsors J. Cooke (R)
House Committee
Senate Committee Transportation and Energy
Date Introduced 02/25/2021

Current law requires the air quality control commission
(commission) to give at least 60 days' notice before the hearing when
promulgating certain rules that set air quality standards. The bill clarifies
that the commission may give an earlier notice and requires the notice to
include a description of the classes of persons and entities that will be

affected by the proposed rule.
Current law authorizes people to submit alternate proposals to the
commission's rules that set air quality standards. The bill requires the
commission to promulgate rules concerning alternate proposals that:
  • Establish a deadline for submitting these proposals, but the
deadline can be no later than the deadline for party
  • Govern the submission of proposals;
  • Establish procedures for assigning a hearing officer to
make the determination whether the proposal complies with
the requirements;
  • Ensure that any party to the hearing is afforded sufficient
time before the hearing to consider proposals and file with
the commission a written response to the proposal.
The commission is prohibited from considering an alternate
proposal at the hearing unless the proposal:
  • Complies with the bill, as determined by a hearing officer;
  • Includes:
  • An initial economic impact analysis;
  • A description of the classes of persons that will be
affected; and
  • A statement as to whether the proposal was
developed in consultation with those persons or why
consultation with those persons was not conducted.
No later than 10 days after receiving an alternate proposal, a
hearing officer must:
  • Determine whether the proposal complies with the bill; and
  • Provide notice of the determinations to all persons that
have filed with the commission a written request to receive
the notices.
The bill requires the proponents of an alternate proposal to provide
to the commission a final economic impact analysis.

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (10/07/2021) (most recent)  
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