Clean air bill vetoed

Owens sides with industry on move for state standards

Todd Hartman, Rocky Mountain News

Published April 25, 2006 at midnight

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Gov. Bill Owens on Monday drove a stake through an environmentalist-backed measure that aimed to reverse Bush administration rules by allowing the state to set stricter air-pollution regulations than those required by the federal government.In siding with industry opponents of the proposal, Owens vetoed House Bill 1309, arguing that it was unnecessary and would put Colorado at a competitive disadvantage - both assertions challenged by public health and green groups.

"Colorado's air quality has been consistently improving over the last two decades. As a result, all areas of Colorado are in compliance with federal and state health-based air quality standards," Owens said in defense of the veto.

But environmentalists and Democratic lawmakers who backed the bill said the governor put business interests ahead of the public. The bill's sponsor, Anne McGihon, D-Denver, called the veto "thoughtless."

"The governor apparently can't see the forest for the trees, perhaps because of the smog," McGihon said. "I am disappointed that the governor vetoed a bill so critical to our public health."

The bill would have allowed Colorado to pass tougher air pollution standards than the U.S. government - a response by environmentalists to Bush administration rules over the past several years that they say have created "rollbacks" in the federal Clean Air Act.

The measure created a classic partisan, environmental-industry rift. Groups including the Colorado Association of Commerce & Industry and the Colorado Petroleum Association lined up against it.

Favoring the bill were activist groups such as Environment Colorado, public health advocates such as the Colorado Asthma Coalition, and progressive local governments, including Fort Collins and Boulder.

The fight over the measure also flip-flopped the usual allegiances, with greens calling for more state control to combat federal policies.

At the same time, industry - often wary of the power of the federal Environmental Protection Agency - feared any efforts at the state level to attack the revised federal Clean Air Act rules.

Industry groups especially feared that the bill would unlock legal mechanisms allowing citizen groups to sue factories and other polluters if their emissions exceeded tougher state limits.

And, they argued, it could have forced them to install more pollution controls.

"Had this bill passed, it would have forced small business owners to face paying for costly equipment and technology mandated by the legislation," said Tony Gagliadri, the Colorado director of the National Federation of Independent Business.

But the bill's backers countered that the measure would have put Colorado in the same legal position as at least half of the other states - giving them the ability to set tougher pollution regulations if they deem federal limits to be too weak.

Clean air, they argued, attracts new business. Polluted air repels it.

"I think Coloradans know what is best for Colorado, especially when it comes to clean air," McGihon said. "This bill goes against states' rights and supports a pro-polluter federal mandate. The people and the environment of Colorado were dealt a serious blow today."

hartmant@RockyMountainNews.com or 303-892-5048

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