Democrats backed down on an attempt to alter the state’s clean-air rules after Gov. Bill Owens threatened Thursday to call lawmakers back in a special session.
Owens said Democratic lawmakers attempted to infringe on his power as governor by stripping the controversial air-quality changes from a bill that includes the rules adopted by all state agencies.
“I haven’t set my vacation plans for the summer and won’t do so until this issue is addressed,” Owens said. “I would suggest legislators not do so either.”
The power struggle is over new air- quality rules proposed by the Bush administration as a way to make it easier for industries to meet regulatory requirements while also protecting air quality.
Some national environmental groups, public health advocates and state leaders, however, say the changes will actually increase air pollution by creating a suite of exemptions for power plants, refineries and breweries.
The compromise – reached late Thursday – would require state officials to reconsider the regulations pending future court decisions on the rules, which some states have challenged. In exchange, Democrats agreed to pass the rules preferred by the governor.
The state Air Quality Control Commission has proposed rules that would match the New Source Review program changes proposed by the U.S. Environmental Protection Agency in 2002.
In Colorado, the new rules could add about 17,000 tons of toxic air pollution, members of a statewide environmental coalition say, citing data in a report published by the state Department of Public Health and Environment.
Rejecting those claims, the state Air Quality Control Commission voted last year to incorporate the new pollution rules, making Colorado among the first states in the country to do so.
The showdown between the governor and legislative leaders was the result of the attempt by Democrats to use their majority power to force tough decisions on the governor by amending wide-ranging bills to appeal to special-interest groups.
Last week, Democrats voted along party lines to add “sexual orientation” to the list of groups that could be protected from hate crimes. That amendment was made to a bill on criminal procedures recommended by the state’s District Attorneys Council.
In the clean-air case, Democrats were trying to curry favor with environmentalists who oppose the clean-air rules because they believe the rules will increase pollution.
Owens said the Democrats were attempting to steal executive power away from the agencies he oversees.
“It’s a very serious issue,” Owens said. “It’s a constitutional issue. It’s a question of checks and balances in the legislative branch and the executive branch.”
Sen. Dan Grossman, D-Denver, contends that the state’s proposed new rules would increase pollution.
“We voted to stand up for clean air,” Grossman said. “The administration has chosen to kowtow to industry and be among the first states in the nation to adopt this rollback.”
To peel back the state rules, Grossman pushed an amendment through the legislature’s Committee on Legal Services, prompting an outcry from Republicans.
Sen. Shawn Mitchell, R-Broomfield, walked out of the meeting Thursday afternoon and said he would boycott future meetings.
“They have a clear responsibility to approve the new regulations for all state agencies unless they are essentially illegal,” Mitchell said. “They played cheap politics when they voted that it is illegal for the Air Quality Control Commission to follow the EPA.”
Rep. Anne McGihon, D-Denver, said the agreement is a victory for clean-air advocates because it delays the date when the rules take effect and limits how the rules can be implemented.
Doug Benevento, director of the state health department, said it’s crucial that legislators adopt the new rules, which he says are good for Coloradans.
“We have some questions about what’s the ultimate impact based on our air-quality program on the holes that were created with this legislation,” he said. “We have a program that’s patchy at best and possibly in violation of state and federal laws.”
Staff writer Mark P. Couch can be reached at mcouch@denverpost.com or 303-820-1794.