S_AGR_2018A 03/15/2018 01:42:52 PM Committee Summary PUBLICSTAFF SUMMARY OF MEETINGSENATE COMMITTEE ON AGRICULTURE, NATURAL RESOURCES, & ENERGY Date 03/15/2018 Attendance Cooke X Coram X Donovan X Fenberg X Fields X Garcia * Jones X Marble X Scott E Baumgardner X Sonnenberg X Time 01:42:52 PM to 03:16:31 PM Place SCR 357 This Meeting was called to order by Sonnenberg This Report was prepared by David Beaujon Hearing Items Action Taken hConf 18-Land Commissioners — State Board Of Favorably Refer to Full Senate - Consent Calendar hConf 18-Energy Impact Assistance Advisory Committee Favorably Refer to Full Senate - Consent Calendar hHB18-1146 Referred to Senate Finance hSB18-188 Referred to the Committee of the Whole - Consent Calendar hSB18-192 Committee Discussion Only Conf 18-Land Commissioners — State Board Of - Favorably Refer to Full Senate - Consent Calendar Attachment Tag File Name Attachment http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/9B83C5C04636...$File/180315 AttachA.pdf?OpenElement 180315 AttachA.pdf 01:44:07 PM Bill Ryan, Director, State Board of Land Commissioners, introduced the Governor's appointments to the board. 01:44:27 PM Gary A. Butterworth of Colorado Springs, reappointed for a term expiring June 30, 2021, and as a person with substantial experience in natural resource conservation and as a Republican, discussed his experience and interest in serving another term on the board [Attachment A]. 01:47:38 PM John Shaw of Denver, reappointed for a term expiring June 30, 2021, and to serve as a citizen at-large and as an Unaffiliated, discussed his experience and interest in serving another term on the board [Attachment A]. 01:48:40 PM Tyler Karney of Ordway, appointed for a term expiring June 30, 2021, to serve as a person with substantial experience in production agriculture and as a Republican, discussed his experience and interest in serving on the board [Attachment A]. 01:55:25 PM Motion Refer the appointment of Gary Butterworth, John Shaw, Tyler Karney to the Conf 18-Land Commissioners — State Board Of to the full Senate with a favorable recommendation and with a recommendation that it be placed on the consent calendar. Moved Baumgardner Seconded Cooke Yes Coram Yes Donovan Yes Fenberg Yes Fields Yes Garcia Yes Jones Yes Marble Yes Scott Excused Baumgardner Yes Sonnenberg Yes Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS Conf 18-Energy Impact Assistance Advisory Committee - Favorably Refer to Full Senate - Consent Calendar Attachment Tag File Name Attachment http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/4890A8B1B6DE...$File/180315 AttachB.pdf?OpenElement 180315 AttachB.pdf 01:55:50 PM Rachel Harlow-Schalk, Deputy Director of the the Division of Local Affairs in the Department of Local Affairs, introduced the Governor's appointments to the Energy Impact Assistance Advisory Committee. 01:57:12 PM Daniel Fernandez, of Dove Creek, reappointed for a term expiring August 24, 2021discussed his experience and interest in serving another term on the committee [Attachment B]. 01:58:18 PM Ginnett "Gigi" Dennis of Monte Vista, appointed for a term expiring August 24, 2021 discussed her experience and interest in serving on the committee [Attachment B]. 02:01:49 PM Motion Refer the appointment of Daniel Fernandez, to the Conf 18-Energy Impact Assistance Advisory Committee to the full Senate with a favorable recommendation and with a recommendation that it be placed on the consent calendar. Moved Baumgardner Seconded Cooke Yes Coram Yes Donovan Yes Fenberg Yes Fields Yes Garcia Excused Jones Yes Marble Yes Scott Excused Baumgardner Yes Sonnenberg Yes YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS HB18-1146 - Referred to Senate Finance Attachment Tag File Name Attachment http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/C5C49AF12507...$File/180315 AttachC.pdf?OpenElement 180315 AttachC.pdf 02:03:48 PM Senator Coram, prime sponsor, discussed the provisions of House Bill18-1146 concerning Measurement Standards Act. This bill continues the issuance of licences and certificates related to measurement standards in the Department of Agriculture, which is scheduled to repeal on July 1, 2018. The program is continued through September 1, 2033. 02:04:49 PM Hollis Glenn, Colorado Department of Agriculture, spoke in support of the bill and discussed the department's weight and measurement program. 02:06:25 PM Bryan Jameson, Colorado Department of Regulatory Agencies, available for questions. 02:08:11 PM Motion Refer House Bill 18-1146 to the Committee on Finance. Moved Coram Seconded Cooke Excused Coram Yes Donovan Yes Fenberg Yes Fields Yes Garcia Yes Jones Yes Marble Yes Scott Excused Baumgardner Yes Sonnenberg Yes Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS Conf 18-Energy Impact Assistance Advisory Committee - Favorably Refer to Full Senate - Consent Calendar 02:03:27 PM Motion Refer the appointment of Ginette "Gigi" Dennis to the Conf 18-Energy Impact Assistance Advisory Committee to the full Senate with a favorable recommendation and with a recommendation that it be placed on the consent calendar. Moved Baumgardner Seconded Cooke Yes Coram Yes Donovan Yes Fenberg Yes Fields Yes Garcia Yes Jones Yes Marble Yes Scott Excused Baumgardner Yes Sonnenberg Yes Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS SB18-188 - Referred to the Committee of the Whole - Consent Calendar 02:08:32 PM Senator Sonnenberg, prime sponsor, discussed the provisions of Senate Bill 18-188 concerning agriculture marketing notices and the inclusion of millet. This bill amends the Colorado Agricultural Marketing Act of 1939 to add millet to the definition of agricultural commodity and allows the Commissioner of Agriculture to determine how the public announcement of the issuance, suspension, amendment, or termination of a marketing order will be made. Current announcements must be posted on a public bulletin board and published in the newspaper. By defining millet as an agricultural commodity, millet producers will be able to seek a referendum to establish a millet market order. 02:10:07 PM Tom Lepetzky, Colorado Department of Agriculture, spoke in support of the bill and identified market order programs for other commodities in Colorado. He also discussed the process for creating a market order. 02:12:58 PM Jerry Cooksey, representing himself, spoke in support of the bill and discussed his millet and wheat farm. 02:15:05 PM Christ Stum, High Plains Millet Association, spoke in support of the bill and discussed the growing conditions required for millet. He also responded to questions from the committee about consumer products that include millet. 02:19:17 PM Greg Romberg, Colorado Press Association, proposed an amendment to Section 2 of the bill concerning public notice of the proposed millet market order. 02:24:12 PM The chair closed testimony and Senator Sonnenberg closed his remarks on the bill. 02:25:28 PM Motion Refer Senate Bill 18-188 to the Committee of the Whole and with a recommendation that it be placed on the consent calendar. Moved Sonnenberg Seconded Cooke Yes Coram Yes Donovan Yes Fenberg Yes Fields Yes Garcia Yes Jones Yes Marble Yes Scott Excused Baumgardner Yes Sonnenberg Yes Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS SB18-192 - Committee Discussion Only Attachment Tag File Name Attachment http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/66C502CAE9D6...$File/180315 AttachE.pdf?OpenElement 180315 AttachE.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/D8E42367F628...$File/180315 AttachD.pdf?OpenElement 180315 AttachD.pdf 02:25:43 PM Senator Marble, prime sponsor, discussed the provisions of Senate Bill18-192 concerning local government liability for fracking bans and oil and gas moratoriums. This bill provides for the compensation of a royalty owner when a local ordinance, resolution, or other policy prohibits the practice of hydraulic fracturing to recover oil and gas within a local government's jurisdiction, or places a moratorium on oil and gas activities. The local government is liable to the mineral interest owner for the value of the mineral interest not received due to the prohibition or moratorium. The bill also requires that a local government that enacts a moratorium on oil and gas activities compensate oil and gas operators, mineral lessees, and royalty owners for all costs, damages, and losses of fair market value associated with the moratorium. 02:29:15 PM Harry Gregory, representing himself, spoke in opposition to the bill and expressed concern about methane leaks related to oil and gas development. 02:31:43 PM Neil Ray, Colorado Alliance of Mineral and Royalty Owners, spoke in support of the bill and distributed a written copy of his testimony [Attachment C]. He responded to questions from the committee about the statutory pooling process, also known as "forced pooling." He also distributed the December 2017 edition of the Colorado Alliance of Mineral and Royalty Owners newsletter that discuss the issue of takings [Attachment D]. 02:34:53 PM Mark Ruzzin, Boulder County, spoke in opposition to the bill and discussed the authority of local government to regulate certain activities. 02:38:00 PM Jen Boulton, Audubon Society of Colorado, Colorado Trout Unlimited, spoke in opposition to the bill and responded to prior testimony concerning case law on takings. 02:46:42 PM Shawn Martini, Colorado Farm Bureau, spoke in support of the bill. 02:47:56 PM Wes Wilson, Be the Change, spoke in opposition to the bill and expressed concern about health impacts related to oil and gas development. 02:50:10 PM Kevin Lynch, representing himself, spoke in opposition to the bill and discussed the law concerning the taking of property. He also responded to questions from the committee about the effect of the bill. 02:53:53 PM Therese Gilbert, representing herself, spoke in opposition to the bill and discussed the statutory pooling of her mineral interest. She expressed concerning about health impacts related to oil and gas development. She also responded to questions from the committee about her experience related to statutory pooling. 02:56:28 PM Phil Doe, Be the Change, spoke in opposition to the bill and discussed property losses experienced by oil and gas operators. He also expressed concerning about state liability to plug abandoned oil and gas wells. 02:59:22 PM Jim Cole, Colorado Oil and Gas Association, Colorado Petroleum Association, spoke in support of the bill and identified the economic benefits of oil and gas production in Colorado. He discussed the authority of local governments to regulate oil and gas development and responded to prior testimony about the health impacts related to oil and gas development. He also responded to questions from the committee about the cost of generating power using natural gas and the health impacts related to oil and gas development. 03:15:35 PM The chair laid the bill over unamended. The bill is tentatively scheduled for action only on Thursday, March 22, 2018. 03:16:31 PM Committee Adjourned