Agency says updated fines in SB285 are to 'modernize' penalties; planners say fines rarely used

Senate Bill 285, presented to the Legislative Oversight and Sunset Committee, would amend stormwater management code provisions as a preparatory step for reopening the regulatory process. Sponsors described the bill as a cleanup to remove outdated interim provisions, update definitions, and modernize the administrative fine structure. Because the bill raises maximum fines and penalties, presenters said it will require a two‑thirds vote if it reaches the floor.

Doug Dennison (legislative liaison) and agency staff explained the measure aims to align the statute with current regulatory practice before a larger regulatory review. Bonnie Arve, principal planner for the stormwater program, told the committee that since joining the program in 2020 they have not issued any fines; staff described a preference for using compliance tools before escalating to monetary penalties. "We haven't fined anybody," Arve said, adding that updated fine levels allow penalties to be meaningful when an escalation is necessary and avoid being limited by 1991 dollar thresholds.

Senators asked how fine amounts would be determined. Presenters said the Secretary would set amounts by order and would consider factors such as the severity and duration of the violation and whether the party had taken steps to correct the issue. Committee members expressed concern about whether raising the minimum would simply require a larger legislative majority to change the statute; agency staff said the increase is intended to give regulators discretion to impose appropriate penalties when other compliance steps fail.

There were no pre-registered public comments for SB285 during this hearing. The committee did not take a formal vote on SB285 during the session.