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S_AGR_2016A 03/17/2016 01:32:06 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON AGRICULTURE, NATURAL RESOURCES, & ENERGY

Date: 03/17/2016
ATTENDANCE
Time: 01:32 PM to 04:35 PM
Baumgardner
X
Cooke
X
Place: RM 271
Donovan
X
Garcia
X
This Meeting was called to order by
Hodge
X
Senator Sonnenberg
Jones
X
Scott
X
This Report was prepared by
Roberts
*
Meghan O'Connor
Sonnenberg
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB16-1120

SB16-046

SB16-145

SB16-151

SB16-097

SB16-157
Postponed Indefinitely

Postponed Indefinitely

Amended, Referred to the Committee of the Whole - Consent Calendar

Amended, Referred to the Committee of the Whole

Amended, Referred to Appropriations

Referred to the Committee of the Whole



01:33 PM -- HB 16-1120



Senator Sonnenberg explained that Senator Tate, sponsor, requested to lay over House Bill 16-1120 until May 13, 2016. Testimony was taken on the bill on March 10, 2016.

BILL: HB16-1120
TIME: 01:34:18 PM
MOVED: Cooke
MOTION: Lay over House Bill 16-1120 to May 13, 2016. The motion passed on a vote of 8-0.
SECONDED:
VOTE
Baumgardner
Yes
Cooke
Yes
Donovan
Yes
Garcia
Yes
Hodge
Yes
Jones
Yes
Scott
Yes
Roberts
Excused
Sonnenberg
Yes
Final YES: 8 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS







01:32 PM -- SB 16-046



Senator Cooke, prime sponsor, requested that Senate Bill 16-046 be postponed indefinitely. Testimony was not taken on the bill.

BILL: SB16-046
TIME: 01:32:41 PM
MOVED: Scott
MOTION: Postpone Senate Bill 16-046 indefinitely. The motion passed on a vote of 8-0.
SECONDED:
VOTE
Baumgardner
Yes
Cooke
Yes
Donovan
Yes
Garcia
Yes
Hodge
Yes
Jones
Yes
Scott
Yes
Roberts
Excused
Sonnenberg
Yes
Final YES: 8 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS



01:34 PM -- SB 16-145



Senators Donovan and Baumgardner, co-prime sponsors presented Senate Bill 16-145, concerning an alternative mechanism for creating a subdistrict of the Colorado River Water Conservation District. The bill provides an alternative method for the Colorado River Water Conservation District to form subdistricts. Current law requires that a petition be signed by 50 percent of the property owners in the proposed subdistrict be presented to and approved by a court. The bill changes that petition process. Senator Donovan distributed and explained Amendment L.001 (Attachment A) and Amendment L.002 (Attachment B).



160317 AttachA.pdf160317 AttachA.pdf160317 AttachB.pdf160317 AttachB.pdf



01:38 PM --
Chris Treese, Colorado River Conservation District and Colorado Water Congress, spoke in support of the bill.



01:40 PM --
Julie McKena, Northern Colorado Water Conservancy District, spoke in support of the bill.





01:41 PM



Senator Donovan and Senator Baumgardner concluded their comments on the bill.

BILL: SB16-145
TIME: 01:42:14 PM
MOVED: Donovan
MOTION: Adopt amendment L.001. The motion passed without objection.
SECONDED:
VOTE
Baumgardner
Cooke
Donovan
Garcia
Hodge
Jones
Scott
Roberts
Sonnenberg
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL: SB16-145
TIME: 01:42:27 PM
MOVED: Donovan
MOTION: Adopt amendment L.002. The motion passed without objection.
SECONDED:
VOTE
Baumgardner
Cooke
Donovan
Garcia
Hodge
Jones
Scott
Roberts
Sonnenberg
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection






BILL: SB16-145
TIME: 01:42:40 PM
MOVED: Donovan
MOTION: Refer Senate Bill 16-145, as amended, to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 9-0.
SECONDED:
VOTE
Baumgardner
Yes
Cooke
Yes
Donovan
Yes
Garcia
Yes
Hodge
Yes
Jones
Yes
Scott
Yes
Roberts
Yes
Sonnenberg
Yes
Final YES: 9 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS



01:43 PM -- SB 16-151



Senator Sonnenberg, sponsor, presented Senate Bill 16-151, concerning the right of Coloradans to hunt wildlife, and establishing hunting as the primary means of managing wildlife. The bill modifies the legislative declaration in Colorado wildlife law to clarify that Coloradans will always have the right to hunt, fish, and harvest wildlife and establishes that these are the primary methods of controlling and managing wildlife.



The following persons testified on the bill:



01:45 PM --
Denny Behrens, Big Game Forever, spoke in support of the bill.



01:47 PM --
Dick Ray, Colorado Outfitters Association, spoke in support of the bill.



01:48 PM --
Daniel Gates, Colorado Trappers and Predator Hunters Association, spoke in support of the bill and distributed a copy of his comments to the committee (Attachment C).



160317 AttachC.pdf160317 AttachC.pdf



01:51 PM -- David McCord, Colorado State Muzzleloaders, spoke in support of the bill.



01:52 PM --
Bill Canterberry, Colorado Outfitters and Colorado Cattleman's Association, spoke in support of the bill.



01:54 PM --
Chris Journey, representing himself, spoke in support of the bill.











01:54 PM --
John Howard, Colorado Parks and Wildlife Commission, spoke in support of the bill and responded to questions from the committee.



01:59 PM --
Gaspar Perricone, Legislative Program Manager, Department of Natural Resources, did not provide testimony but responded to questions from the committee.



02:03 PM --
Gary Christoffersen, representing himself, spoke in support of the bill.



02:05 PM



Senator Sonnenberg concluded his comments on the bill and distributed Amendment L.001 (Attachment D). Senator Sonnenberg explained the amendment.



160317 AttachD.pdf160317 AttachD.pdf

BILL: SB16-151
TIME: 02:06:35 PM
MOVED: Sonnenberg
MOTION: Adopt amendment L.001. The motion passed without objection.
SECONDED:
VOTE
Baumgardner
Cooke
Donovan
Garcia
Hodge
Jones
Scott
Roberts
Sonnenberg
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



02:07 PM



Senator Sonnenberg distributed and explained Amendment L.002 (Attachment E). Committee discussion ensued regarding Amendment L.002, and Senator Sonnenberg withdrew the amendment.



160317 AttachE.pdf160317 AttachE.pdf





02:09 PM



Committee discussion ensued regarding the bill.

BILL: SB16-151
TIME: 02:11:44 PM
MOVED: Sonnenberg
MOTION: Refer Senate Bill 16-151, as amended, to the Committee of the Whole. The motion passed on a vote of 8-1.
SECONDED:
VOTE
Baumgardner
Yes
Cooke
Yes
Donovan
Yes
Garcia
Yes
Hodge
Yes
Jones
No
Scott
Yes
Roberts
Yes
Sonnenberg
Yes
Final YES: 8 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS





02:13 PM -- SB 16-097



Senator Scott discussed Senate Bill 16-097, which was laid over from March 10, 2016. Testimony on the bill was heard on March 10, 2016, and Amendment L.002 (Attachment F) was also distributed to the committee on that date. Committee discussion ensued regarding the amendment and the bill.



160317 AttachF.pdf160317 AttachF.pdf

BILL: SB16-097
TIME: 02:15:17 PM
MOVED: Scott
MOTION: Adopt amendment L.002. The motion passed without objection.
SECONDED:
VOTE
Baumgardner
Cooke
Donovan
Garcia
Hodge
Jones
Scott
Roberts
Sonnenberg
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL: SB16-097
TIME: 02:15:40 PM
MOVED: Scott
MOTION: Refer Senate Bill 16-097, as amended, to the Committee on Appropriations. The motion passed on a vote of 7-2.
SECONDED:
VOTE
Baumgardner
Yes
Cooke
Yes
Donovan
Yes
Garcia
Yes
Hodge
No
Jones
No
Scott
Yes
Roberts
Yes
Sonnenberg
Yes
Final YES: 7 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS











02:16 PM -- SB 16-157



Senator Cooke and Senator Sonnenberg, co-prime sponsors, presented Senate Bill 16-157, concerning management of the process of responding to the federal Environmental Protection Agency's (EPA) rules for the regulation of carbon dioxide emissions from electric generating units in a manner that maximizes Colorado's ability to control its affairs. On February 9, 2016, the Supreme Court of the United States stayed the implementation of the EPA rules to regulate carbon dioxide emissions from existing fossil-fuel-fired, electric generating units under the Clean Air Act (act). The bill requires the Air Quality Control Commission (AQCC) and the Division of Administration in the Colorado Department of Health and Environment (CDPHE) to suspend work on the Clean Power Plan and state implementation plan until the stay is lifted. It also requires that the state implementation plan be subject to legislative review. Senator Cooke responded to questions from the committee.



The following persons testified on the bill:



02:25 PM --
Will Allison, Colorado Department of Health and Environment (CDPHE), spoke in opposition to the bill. Mr. Allison discussed several state programs that work to regulate carbon dioxide emissions. Mr. Allison stated that CDPHE is not planning to submit a plan to the EPA until the stay has been lifted. Mr. Allison responded to questions from the committee regarding CDPHE's authority as it applies to developing a clean power plan in light of the SCOTUS stay on the implementation of rules promulgated by the EPA. Mr. Allison also responded to questions concerning CDPHE's work with other state agencies in developing a clean power plan. and other states' actions regarding the SCOTUS stay on the EPA rules. Committee discussion ensued regarding the bill and CDPHE programs and how those programs affect consumers and the Clean Power Plan.



02:56 PM --
Tyler Svitak, American Lung Association, spoke in opposition to the bill and responded to questions from the committee.



03:09 PM --
Susan Nedell, Environmental Entrepreneurs, spoke in opposition to the bill.



03:13 PM --
Doug Holland, Sierra Club, spoke in opposition to the bill.



03:15 PM --
Elana Brown, representing herself, spoke in opposition to the bill.



03:18 PM --
Erin Overturf, Western Resource Advocates, spoke in opposition to the bill and responded to questions from the committee regarding the affect of the bill on activities of the Public Utilities Commission (PUC).



03:28 PM --
Zabrina Arrovitz, Colorado People's Alliance, spoke in opposition to the bill.



03:31 PM --
Hannah Gregory, Environment Colorado, spoke in opposition to the bill.



03:33 PM --
Mike Nasi, Law Firm of Jackson and Walker, spoke in support of the bill and distributed a handout about the legal impact of the SCOTUS stay on the EPA's rules (Attachment G). Mr. Nasi explained that he represents rural electric cooperatives in the recent case pending before SCOTUS. Mr. Nasi responded to questions from the committee regarding the SCOTUS stay and discussed how he believes state agencies should respond to the stay. Mr. Nasi discussed the timeline of the Clean Power Plan and how the stay by SCOTUS affected the timeline in order for states to comply with the plan. He also discussed the authority of the EPA and the extent to which that agency's power should extend, as well as a state's authority to act in absence of a federal mandate.



160317 AttachG.pdf160317 AttachG.pdf







04:02 PM --
Michael Sandoval, Energy Policy Analyst, Energy Policy Center in the Independence Institute, spoke in support of the bill and discussed rates of energy consumers. Mr. Sandoval responded to questions from the committee regarding a recent rate increase of utilities.



04:13 PM --
Diana Orf, Colorado Mining Association and Associated Governments of Northwest Colorado (AGNC), spoke in support of the bill and distributed a letter from AGNC to Governor Hickenlooper (Attachment H).



160317 AttachH.pdf160317 AttachH.pdf



04:17 PM --
Tamra Farrah, Americans for Prosperity, spoke in support of the bill and responded to questions from the committee.



04:20 PM --
Grant Van Der Jagt, Denver Property Management, spoke in support of the bill.



04:23 PM --
J.R. Tolbert, Advanced Energy Economy, spoke in opposition to the bill.



04:26 PM



Senator Cooke and Senator Sonnenberg made concluding comments on the bill, and committee discussion ensued regarding the bill.

BILL: SB16-157
TIME: 04:34:11 PM
MOVED: Sonnenberg
MOTION: Refer Senate Bill 16-157 to the Committee of the Whole. The motion passed on a vote of 5-4.
SECONDED:
VOTE
Baumgardner
Yes
Cooke
Yes
Donovan
No
Garcia
No
Hodge
No
Jones
No
Scott
Yes
Roberts
Yes
Sonnenberg
Yes
Final YES: 5 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS



04:35 PM



The committee adjourned


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