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House committee concurs with Senate amendment capping hazardous-waste penalty at 25% and $1,000/day
Summary
The House Environment and Agriculture Committee agreed to concur with a Senate amendment to HB 179 that reduces the maximum cumulative penalty for nonpayment of hazardous-waste accident fees and adds a daily cap. Committee members noted remaining statutory ambiguity about who receives penalty payments.
Chairwoman Aaron and members of the House Environment and Agriculture Committee agreed to concur with a Senate amendment to HB 179 that alters penalties for nonpayment of fees tied to hazardous-materials accidents.
The amendment replaces the existing language governing nonpayment penalties and sets a daily penalty of no more than $1,000 per day for each day of nonpayment beyond 90 days, with a cumulative cap not to exceed 25% of the cost established for the damage. The committee noted that the change reduced the maximum possible penalty from the bill’s earlier version, which would have allowed penalties up to 100% of the initial cost.
Committee members pressed on the amendment’s practical effects. Representative Potenza asked where the change was made; Representative Aaron explained the previous limit and said the senate reduced the maximum from 100% to 25% of assessed costs. Representative Germana raised concerns that the penalty could fall on homeowners if insurance does not cover damages; Representative Comteuil and others pointed to the $1,000-per-day cap and the amendment’s payment-plan language as protections for homeowners. The amendment specifies that if a responsible party adheres to an established payment plan between the claimant and the responsible party, no additional daily penalty shall be imposed.
Members also flagged an unresolved statutory question: the current statute is not explicit about which party receives penalty payments when they are imposed. Chairwoman Aaron said the statute’s language is unclear on whether penalty money goes to the injured party and observed it might be clarified in rulemaking, but she did not recommend pursuing a committee of conference over that point now. Representative Vixby reported the prime sponsor was out of town for the Senate hearing but had since expressed support for the amendment.
Chairwoman Aaron said she would notify Clerk Smith that the committee concurred with the Senate amendment.
Ending The committee did not hold a roll-call vote on the concurrence during the recorded discussion; the chair indicated she would notify the clerk that the committee concurs with the Senate amendment as read. Members said they expect the provision could return for further adjustment if implementation shows it is needed.
