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S_AGR_2018A 03/15/2018 01:42:52 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
SENATE 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
Conf 18-Land Commissioners — State Board Of Favorably Refer to Full Senate - Consent Calendar
Conf 18-Energy Impact Assistance Advisory Committee Favorably Refer to Full Senate - Consent Calendar
HB18-1146 Referred to Senate Finance
SB18-188 Referred to the Committee of the Whole - Consent Calendar
SB18-192 Committee Discussion Only

Conf 18-Land Commissioners — State Board Of - Favorably Refer to Full Senate - Consent Calendar


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


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


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


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






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