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S_AGR_2016A 03/24/2016 01:37:00 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON AGRICULTURE, NATURAL RESOURCES, & ENERGY

Date: 03/24/2016
ATTENDANCE
Time: 01:37 PM to 04:40 PM
Baumgardner
X
Cooke
*
Place: RM 271
Donovan
X
Garcia
X
This Meeting was called to order by
Hodge
X
Senator Sonnenberg
Jones
X
Scott
*
This Report was prepared by
Roberts
X
David Beaujon
Sonnenberg
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB16-137

HB16-1255

HB16-1173

HB16-1005

HB16-1004
Referred to the Committee of the Whole - Consent Calendar

Amended, Referred to the Committee of the Whole

Referred to the Committee of the Whole - Consent Calendar

Witness Testimony and/or Committee Discussion Only

Witness Testimony and/or Committee Discussion Only





01:37 PM -- SB 16-137



Senator Johnston and Senator Sonnenberg, Co-prime sponsors, discussed the provisions of Senate Bill 16-137 concerning Parks and Wildlife Commission and landowner agreements. The Colorado Parks and Wildlife (CPW) Landowner Preference Program gives owners of agricultural land who make their property available for hunting the ability to apply for hunting licenses using a number of applications based on the acreage registered with the program. This bill clarifies that the preference program does not limit the Colorado Parks and Wildlife Commission from entering into an agreement with a private landowner for public hunting and fishing and including the issuance of a hunting license in that agreement. The CPW Game Damage Program compensates landowners for damage caused by big game animals. This bill clarifies that the game damage program does not limit the commission's authority to negotiate the waiver of game damage eligibility in an agreement.



The following persons testified on the bill:



The chair closed testimony and Senator Johnston and Senator Sonnenberg closed their remarks on the bill.



01:39 PM --
Gaspar Perricone, Legislative Program Manager, Colorado Department of Natural Resources, explained the bill addresses issues identified by the Office of Legislative Legal Services concerning the rulemaking authority of the Parks and Wildlife Commission.





01:40 PM --
Jeff Ver Steeg, Division of Parks and Wildlife, said that he was available for questions from the committee. There were no questions from the committee.

BILL: SB16-137
TIME: 01:43:01 PM
MOVED: Sonnenberg
MOTION: Refer Senate Bill 16-137 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Baumgardner
Yes
Cooke
Excused
Donovan
Excused
Garcia
Excused
Hodge
Yes
Jones
Yes
Scott
Excused
Roberts
Yes
Sonnenberg
Yes
Final YES: 5 NO: 0 EXC: 4 ABS: 0 FINAL ACTION: PASS



01:44 PM -- HB 16-1255




Senator Baumgardner, prime-sponsor, discussed the provisions of House Bill 16-1255 concerning the management of forests to improve water supply conditions. He also distributed Amendment L.002 (Attachment A) and Amendment L003 (Attachment B). The reengrossed bill directs the Colorado state forest service (CSFS) to conduct demonstration pilot projects that utilize Colorado's good neighbor authority with the United States Forest Service (USFS) to implement forest management treatments that improve forest health and resilience; supply forest products to Colorado businesses; and target a Colorado watershed. The bill requires at least $200,000 of the $1 million annually allocated to the CSFS for community watershed restoration be used to implement these pilot projects. The CSFS, in conjunction with the Colorado Water Conservation Board (CWCB), is also required to conduct a study to quantify and document the relationship between the state water plan and the importance of forest management in protecting and managing Colorado's water resources. Study results must be submitted in a report to the House and Senate natural resource committees by July 1, 2017. The bill also creates within the CSFS the Forest Health Advisory Council to advise the state forester on a broad range of issues with and threats to Colorado's forests. Council membership will be appointed by the Governor and legislative leadership and is subject to sunset review in 2021.



160324 AttachA.pdf160324 AttachA.pdf160324 AttachB.pdf160324 AttachB.pdf



The following persons testified on the bill:



01:44 PM
-- Lyle Laverty, Society of American Foresters, spoke in support of the bill.













01:52 PM --
Mike Lester, State Forester, Colorado Forest Service, spoke in support of the bill and discussed the health of Colorado's forests. He also responded to questions from the committee about the bill and Good Neighbor Authority.



02:00 PM --
Chris Treese, Colorado River Water Conservation District, spoke in support of the bill.



02:01 PM --
Gini Pingenot, Colorado Counties, Inc., spoke in support of the bill and Amendment L.002.



02:02 PM



The chair closed testimony and Senator Baumgardner closed his remarks on the bill.

BILL: HB16-1255
TIME: 02:03:13 PM
MOVED: Baumgardner
MOTION: Adopt amendment L.003. The motion passed without objection.
SECONDED:
VOTE
Baumgardner
Cooke
Excused
Donovan
Garcia
Hodge
Jones
Scott
Roberts
Sonnenberg
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
BILL: HB16-1255
TIME: 02:03:57 PM
MOVED: Baumgardner
MOTION: Adopt amendment L.002. The motion passed without objection.
SECONDED:
VOTE
Baumgardner
Cooke
Excused
Donovan
Garcia
Hodge
Jones
Scott
Roberts
Sonnenberg
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection






BILL: HB16-1255
TIME: 02:04:16 PM
MOVED: Baumgardner
MOTION: Refer House Bill 16-1255, as amended, to the Committee of the Whole. The motion passed on a vote of 6-0.
SECONDED:
VOTE
Baumgardner
Yes
Cooke
Excused
Donovan
Excused
Garcia
Excused
Hodge
Yes
Jones
Yes
Scott
Yes
Roberts
Yes
Sonnenberg
Yes
Final YES: 6 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: PASS



02:05 PM -- HB 16-1173



Senator Scott, prime-sponsor, discussed the provisions of House Bill 16-1173 concerning the sunset of the Water Vessel Registration Program. The reengrossed bill implements the recommendation of the 2015 sunset review for the Vessel Registration Program conducted by the Department of Regulatory Agencies to continue the registration and regulation of vessels program by Colorado Parks and Wildlife (CPW) in the Department of Natural Resources (DNR) indefinitely by removing the program from the sunset schedule. The bill also clarifies that the identification number refers to the hull identification number.



The following persons testified on the bill:



02:06 PM --
Brian Tobias, Department of Regulatory Agencies (DORA), said that he was available for questions from the committee about DORA's sunset review report for the Vessel Registration Program. There were no questions from the committee.



02:07 PM --
Kris Wahlder, Division of Parks and Wildlife, responded to questions from the committee about the Vessel Registration Program and the Aquatic Nuisance Species Program.





02:08 PM



The chair closed testimony and Senator Scott closed his remarks on the bill.

BILL: HB16-1173
TIME: 02:08:39 PM
MOVED: Scott
MOTION: Refer House Bill 16-1173 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 6-0.
SECONDED:
VOTE
Baumgardner
Yes
Cooke
Excused
Donovan
Excused
Garcia
Excused
Hodge
Yes
Jones
Yes
Scott
Yes
Roberts
Yes
Sonnenberg
Yes
Final YES: 6 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: PASS



02:09 PM -- HB 16-1005



Senator Merrifield, prime-sponsor, discussed the provisions of House Bill 16-1005 concerning residential precipitation collection. The reengrossed bill allows the collection of precipitation from the roof of a home in up to two rain barrels with a combined storage capacity of 110 gallons or less if the following conditions are met: the building is a single-family residence or a multi-family residence with up to four units; the precipitation collected is used for outdoor purposes on the residential property where the precipitation is collected, including irrigation of lawns and gardens; and the precipitation must not be used for drinking water or indoor household purposes. The State Engineer in the Department of Natural Resources (DNR) is required to provide information on its website on the permitted use of rain barrels for collecting precipitation from rooftops to the extent practicable within existing resources. On or before March 1, 2019 and on or before March 1, 2022, the State Engineer is required to report to the committees of the General Assembly with jurisdiction over agriculture on whether the use of rain barrels has caused any discernable injury to downstream water rights. The report may contain data from water providers, water users, or other stakeholders, data from a precipitation collection pilot project or other research, or any complaint or report of injury. The Department of Public Health and Environment (DPHE) is required to develop best practices for nonpotable usage of collected precipitation and vector control (disease prevention) to the extent practicable within existing resources. The DPHE will post the best practices on its website and the State Engineer will either post the best practices on its website or include a link to the best practices. The bill requires homeowners' associations to allow the use of rain barrels for collection of residential rooftop precipitation. A homeowners' association may impose reasonable aesthetic requirements on the placement or appearance of a rain barrel. The bill also includes a legislative declaration stating that it is not the intent of the General Assembly to impede or infringe upon the rights established in the Prior Appropriation Doctrine.



The following persons testified on the bill:











02:13 PM --
Chris Olson, Colorado State University (CSU), discussed an analysis prepared by CSU of the impact of rain barrels on surface runoff (Attachment C). He also responded to questions from the committee about the CSU assessment.



160324 AttachC.pdf160324 AttachC.pdf



02:27 PM --
Garin Vorthman, Colorado Farm Bureau, spoke in support of the bill.



02:28 PM --
Donna Brosemer, Greeley Water Department, spoke in support of the bill and explained why she opposed previous legislation concerning precipitation.



02:30 PM --
Karen Webster, representing herself, spoke in support of the bill and discussed the educational benefits of rain barrels. She also responded to questions from the committee about why she decided to purchase a rain barrel.



02:33 PM --
Theresa Connelly, Conservation Colorado, spoke in support of the bill.



02:37 PM --
Tom Cech, One World One Water, Metropolitan State University of Denver, spoke in support of the bill and distributed information about the bill (Attachment D).



160324 AttachD.pdf160324 AttachD.pdf



02:40 PM --
Tim Feehan, Deputy Director, Colorado Water Conservation Board, spoke in support of the bill.



02:41 PM --
Robert Bowen, representing himself, spoke in support of the bill.



02:44 PM --
Kevin Rein, Deputy State Engineer, Division of Water Resources, explained that he was available for questions from the committee. He responded to questions from the committee about the House amendments to the bill concerning the authority of the State Engineer to regulate rain barrels that impact other water users and current regulation of wells that are exempt from water administration.



02:58 PM



The chair closed testimony and Senator Scott Merrifield closed his remarks on the bill.



03:03 PM



The bill was laid over unamended, and the committee recessed.







03:08 PM -- HB 16-1004



The committee returned from recess. Senator Kefalas, prime-sponsor, discussed the provisions of House Bill 16-1004 concerning measurable goals and deadlines in the Colorado Climate Action Plan. The reengrossed bill requires the state's climate change staff person to identify measurable goals, based on the best available science, with near-term, mid-term, and long-term deadlines to achieve those goals in a climate action plan or similar document. Achieving the goals will both reduce Colorado's greenhouse gas emissions and increase Colorado's adaptive capability to respond to climate change. The Governor or his designee must report annually to the General Assembly on the progress made in meeting the climate action plan goals, including whether the state is on track to meet the deadlines specified in the plan. The analysis must include an estimate of the economic, social, and health impact on low-income individuals in Colorado that results or would result from meeting the deadlines as planned.



The following persons testified on the bill:



03:13 PM --
Taryn Finnessee, Colorado Water Conservation Board, Department of Natural Resources, explained that the department if neutral on the bill. She also discussed her role as the Climate Change Coordinator that was established in HB 13-1293 and identified state agencies that helped develop the Colorado Climate Plan.



03:18 PM --
Nick Venner, representing himself, spoke in support of the bill and expressed concern about the potential impact of climate change.



03:20 PM --
Marie Venner, representing herself, spoke in support of the bill and expressed concern about the potential impact of climate change.



03:23 PM --
Dianna Orf, Colorado Water Congress, spoke in opposition to the bill. She also responded to questions from the committee about the process for implementing the Climate Action Plan and factors driving changes in spring runoff.



03:30 PM --
Richard Orf, Colorado Mining Association, Associated Governments of Northwest Colorado, spoke in opposition to the bill. He also discussed the impact of the EPA's Clean Power Plan on certain communities in Colorado.



03:34 PM --
Dan O'Connell, Colorado Association of Commerce and Industry, spoke in opposition to the bill.



03:38 PM --
Zane Selvans, representing himself, spoke in support of the bill and responded to prior testimony against the bill. He also compared the cost of energy generated from renewable resources with energy generated from fossil fuels.



03:42 PM --
Peter Sawtell, Eco-Justice Ministries, spoke in support of the bill and responded to questions from the committee about Pope Francis’s Environmental Encyclical.



03:46 PM --
Jeff Hart, representing himself, spoke in support of the bill.



03:50 PM --
Jeff Neuman-Lee, representing himself, spoke in support of the bill.



03:53 PM --
Jessica Troy, 350 Colorado, spoke in support of the bill.



03:57 PM --
Nelson Bock, Colorado Interfaith Power & Light, spoke in support of the bill.



04:00 PM --
Doug Henderson, representing himself, spoke in support of the bill.









04:04 PM --
Tom Easley, Rocky Mountain Climate Organization, spoke in support of the bill. He also distributed a copy of his remarks (Attachment E) and information about Colorado's climate (Attachment F).



160324 AttachE.pdf160324 AttachE.pdf160324 AttachF.pdf160324 AttachF.pdf



04:09 PM --
Steve Szabo, representing himself, spoke in support of the bill.



04:12 PM --
Rose Lew, representing herself, spoke in support of the bill.



04:17 PM --
Whitney Painter, representing herself, spoke in support of the bill.



04:19 PM --
Kevin Cross, Fort Collins Sustainability Group, spoke in support of the bill.



04:23 PM --
Susan Permit, representing herself, spoke in support of the bill.



04:24 PM --
Robert Bowen, representing himself, spoke in support of the bill.



04:28 PM --
Claudine Schneider, representing herself, spoke in support of the bill and discussed federal legislation she sponsored when she was a member of Congress. She also identified corporations that support actions to address climate changes.



04:32 PM --
Frank Swain, Conservation Colorado, spoke in support of the bill.



04:34 PM --
America Sherwood, League of Women Voters, spoke in support of the bill and distributed information on the impact of climate change on children from the American Academy of Pediatrics (Attachment G).



160324 AttachG.pdf160324 AttachG.pdf



04:39 PM



The chair closed testimony and the bill was laid over for action only on Wednesday, March 30, 2016.



04:40 PM



The committee adjourned.





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