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Senate approves first substitute to lengthen statute of limitations for environmental code violations
Summary
Lawmakers approved a first substitute to SB49, extending the statute of limitations for certain environmental code violations from one to two years with an explicit non‑retroactivity clause (effective May 10, 2016); the motion passed with recorded support and several dissenting explanations.
The Senate approved a first substitute to Senate Bill 49, changing the statute of limitations for specified environmental code violations from one year to two years and specifying the change would not be retroactive.
Senator Escamilla presented the substitute, saying the change responded to committee concerns about retroactivity and would give the air quality division "extra tools" to pursue enforcement. The substitute specifies an implementation date of May 10, 2016, to prevent retroactive application.
Senator Dayton explained his 'no' vote on the floor, saying he remained concerned that the provision could be interpreted as punitive or retroactive despite sponsor assurances: "I am a no vote on this. No matter what is assured in presenting the bill, I don't understand how you can read the bill without it looking like it's retroactive punitive options are available." Senator Henderson said she would vote 'aye' after checking the code and confirmed that the two‑year period applies only to violations occurring on or after May 10, 2016.
The president announced the result for the first substitute as 22 yeas, 3 nays, and 4 absent; the substitute was ordered read for a third time.
The change applies to defined industry businesses that require air‑quality permitting (those emitting more than five tons of pollutants), according to the sponsor's floor description.
