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S_AGR_2018A 03/22/2018 01:30:10 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON AGRICULTURE, NATURAL RESOURCES, & ENERGY
Date 03/22/2018
Attendance
Cooke X
Coram X
Donovan X
Fenberg X
Fields *
Garcia X
Kerr *
Marble X
Scott *
Baumgardner X
Sonnenberg X
Time 01:30:10 PM to 03:44:02 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-Mined Land Reclamation Board Favorably Refer to Full Senate - Consent Calendar
SB18-192 Referred to the Committee of the Whole
SB18-197 Amended, referred to the Committee of the Whole
SB18-205 Referred to the Committee of the Whole - Consent Calendar
HB18-1098 Referred to the Committee of the Whole - Consent Calendar
HB18-1238 Referred to the Committee of the Whole - Consent Calendar
HB18-1093 Referred to Senate Appropriations
HB18-1199 Referred to the Committee of the Whole
HB18-1246 Referred to the Committee of the Whole
HB18-1239 Referred to the Committee of the Whole - Consent Calendar

Conf 18-Mined Land Reclamation Board - Favorably Refer to Full Senate - Consent Calendar


01:30:58 PM  
Ginny Brannon, Director, Division of Reclamation, Mining, and Safety, introduced the Governor's appointment to the Mined Land Reclamation Board.
01:33:17 PM  
Lauren Duncan, MS of Littleton, appointed for a term expiring March 1, 2020, and to serve as an individual with substantial experience in conservation, discussed her experience and interest in serving on the board [Attachment A].


01:34:16 PM
Motion Refer the appointment of Lauren Duncan to the Mined Land Reclamation Board 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
Kerr Yes
Marble Yes
Scott Excused
Baumgardner Yes
Sonnenberg Yes
Final YES: 10   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



SB18-197 - Amended, referred to the Committee of the Whole


01:35:57 PM  
Senator Crowder and Senator Sonnenberg,
co-prime sponsors, discussed the provisions of Senate Bill 18-197 agriculture
vehicles and ports of entry and distributed Amendment L.001 [Attachment
B]..  Under current law, motor vehicles with an empty weight of 16,000
or more pounds, or a vehicle that weighs 26,001 or more pounds fully loaded,
must clear any port of entry within 5 miles of its route.  This bill
exempts motor vehicles hauling only agricultural products from this requirement.
 Senator Sonnenberg also distributed maps of ports of entries in Colorado
[Attachment C].
01:43:58 PM  
Lt. Colonel Barry Bratt, Colorado State Patrol, spoke in opposition to the bill and discussed the challenge of detecting unsafe vehicles and illegal materials being transported across the state line. He also responded to questions from the committee about his concerns with the bill and the requirements for obtaining a PrePass for commercial vehicles.
02:05:08 PM  
Andy Karsian, Legislative Liaison, Colorado Department of Transportation, spoke in opposition to the bill and discussed an annual report concerning vehicle inspections prepared by the department that is submitted to the federal government.
02:08:16 PM  
Jerry Cooksey, Colorado Association of
Wheat Growers, spoke in support of the bill and discussed the challenge
of transporting commodities.
02:10:58 PM  
Terry Fankhauser, Colorado Cattlemens' Association, Colorado Corn Growers Association, spoke in support of the bill and discussed the challenge of transporting commodities.
02:13:52 PM  
Rod Pelton, Colorado Counties, Inc., spoke in support of the bill.
02:15:14 PM  
Rick Robbins, Colorado Mills, spoke in support of the bill.
02:18:25 PM  
Eric Depperschmidt, Prowers Economic Prosperity,
spoke in support of the bill.  
02:21:32 PM  
Gary Melcher, Colorado Farm Bureau, spoke in support of the bill.
02:23:44 PM  
The chair closed testimony.  Senator
Crowder and Senator Sonnenberg closed their remarks on the bill and discussed
Amendment L.001.


02:28:48 PM
Motion Adopt amendment L.001
Moved Sonnenberg
Seconded
Cooke
Coram
Donovan
Fenberg
Fields
Garcia
Kerr
Marble
Scott
Baumgardner
Sonnenberg
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


02:29:38 PM
Motion Refer Senate Bill 18-197, as amended, to the Committee of the Whole.
Moved Sonnenberg
Seconded
Cooke Yes
Coram Yes
Donovan No
Fenberg Excused
Fields Yes
Garcia No
Kerr No
Marble Yes
Scott Yes
Baumgardner Yes
Sonnenberg Yes
Final YES: 7   NO: 3   EXC: 1   ABS:  0   FINAL ACTION:  PASS



SB18-192 - Referred to the Committee of the Whole


01:34:48 PM  

Senator Marble, prime sponsor, closed her remarks on Senate Bill 18-192 concerning local government liability for fracking bans and oil and gas moratoriums.  Testimony on this bill occurred on March 15, 2018.

 



01:35:47 PM
Motion Refer Senate Bill 18-192 to the Committee of the Whole.
Moved Marble
Seconded
Cooke Yes
Coram Yes
Donovan No
Fenberg No
Fields No
Garcia No
Kerr No
Marble Yes
Scott Yes
Baumgardner Yes
Sonnenberg Yes
Final YES: 6   NO: 5   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB18-205 - Referred to the Committee of the Whole - Consent Calendar


02:29:50 PM  
Senator Marble and Senator Coram, co-prime
sponsors, discussed the provisions of Senate Bill 18-205 concerning industrial
hemp designation as an agricultural product.  This bill adds unprocessed
industrial hemp seeds to the definition of a commodity, and industrial
hemp to the definition of farm products.  A commodity handler for
unprocessed industrial hemp seeds will be subject to licensing under the
Commodity Handler Act.  A person acting as a dealer, small-volume
dealer, or agent for industrial hemp stocks, leaves, clones, and flowers
will be subject to licensing under the Farm Products Act.  Under current
law, industrial hemp registration fees are based on the size and use of
the land area on which the industrial hemp operations are conducted.  This
bill authorizes the Commissioner of Agriculture to set fees sufficient
to cover the direct and indirect costs of the Industrial Hemp Program.
02:32:10 PM  
Tim Gordon, Colorado Hemp Industry Association, spoke in support of the bill and distributed a letter of support for the bill [Attachment D]..
02:34:31 PM  
Damion Farris, Colorado Cultivars, spoke
in support of the bill.
02:36:05 PM  
Hunter Buffingtons, Colorado Hemp Industries
Association, spoke in support of the bill and distributed his testimony
to the committee [Attachment E].
02:38:12 PM  
Duane Sinning, Seed Cooridinator of the
Hemp Program, Colorado Department of Agriculture, spoke in support of the
bill.
02:39:06 PM  
Hollis Glenn, Director, Inspection &
Consumer Services Division, Colorado Department of Agriculture, spoke in
support of the bill.


02:43:43 PM
Motion Refer Senate Bill 18-205 to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.
Moved Marble
Seconded
Cooke Yes
Coram Yes
Donovan Excused
Fenberg Excused
Fields Yes
Garcia Yes
Kerr Yes
Marble Yes
Scott Yes
Baumgardner Yes
Sonnenberg Yes
Final YES: 9   NO: 0   EXC: 2   ABS:  0   FINAL ACTION:  PASS



HB18-1098 - Referred to the Committee of the Whole - Consent Calendar


02:47:27 PM  
Senator Marble, prime sponsor, discussed the provisions of
House Bill 18-1098 concerning the balance of the Environmental Response
Fund.  Under current law, the Colorado Oil and Gas Conservation Commission
(COGCC) in the Department of Natural Resources  uses funds from the
environmental response account of the Oil and Gas Conservation and Environmental
Response Fund to mitigate the adverse environmental impacts of oil and
gas operations.  This bill specifies that the year-end balance of
the account remains in the account and does not transfer to the fund.

There was no testimony.



02:48:26 PM
Motion Refer House Bill 18-1098 to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.
Moved Marble
Seconded
Cooke Yes
Coram Yes
Donovan Excused
Fenberg Excused
Fields Yes
Garcia Yes
Kerr Yes
Marble Yes
Scott Excused
Baumgardner Yes
Sonnenberg Excused
Final YES: 7   NO: 0   EXC: 4   ABS:  0   FINAL ACTION:  PASS



HB18-1093 - Referred to Senate Appropriations


02:52:43 PM  
Senator Coram, prime sponsor, discussed the provisions of House Bill18-1093 concerning reclaimed water use for edible crops.This bill codifies rules promulgated by the Water Quality Control Commission (WQCC) within the Colorado Department of Public Health and Environment (CDPHE) related to the allowable uses of reclaimed domestic wastewater, and expands allowable uses to include irrigation of food crops. In addition, the bill defines three categories of water quality standards. The bill clarifies that a food crop is a crop produced for direct human consumption or a tree that produces nuts or fruit intended for human consumption. Food crops do not include those produced for animal consumption only, unless they are produced where lactating dairy animals forage. Reclaimed wastewater may only be used for food crop irrigation if it meets the water quality standards for commercial crops under the federal Food and Drug Administration Food Safety Modernization Act. The WQCC may promulgate rules related to reclaimed wastewater on or before December 31, 2019.

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

02:53:50 PM  
Tim Craft, Craft Companies, spoke in support of the bill and discussed a water reclamation project his company is working on in Elbert County.
02:55:07 PM  
Dave Tekeda, representing himself, spoke
in support of the bill and responded to questions from the committee concerning
the salinity of treated water.
02:56:24 PM  
Shannon Spurlock, Denver Urban Gardens,
spoke in support of the bill.
02:58:57 PM  
Bid Midcap, Rocky Mountain Farmers Union, spoke in support of the bill.
03:03:07 PM  
Dawn Thilmany, Colorado State University, spoke in support of the bill and discussed educational outreach the university provides to Colorado farmers.
03:05:30 PM  
Chris Piper, Denver Water, Colorado Water Congress, spoke in support of the bill.
03:07:20 PM  
Alex Funk, National Young Farmers Coalition, spoke in support of the bill.
03:09:08 PM  
Carlyle Currier, Colorado Farm Bureau, spoke in support of the bill.
03:10:47 PM  
Julie George, Livewell Colorado, spoke in support of the bill.


03:13:51 PM
Motion Refer House Bill 18-1093 to the Committee on Appropriations.
Moved Coram
Seconded
Cooke Yes
Coram Yes
Donovan Excused
Fenberg Yes
Fields Yes
Garcia Excused
Kerr Yes
Marble Yes
Scott Excused
Baumgardner Yes
Sonnenberg Yes
Final YES: 8   NO: 0   EXC: 3   ABS:  0   FINAL ACTION:  PASS



HB18-1238 - Referred to the Committee of the Whole - Consent Calendar


02:50:01 PM  
Senator Marble, prime sponsor, discussed
the provisions of House Bill 18-1238 concerning the sunset o fthe Wildland-Urban
Interface Training Advisory Board.  This bill implements the Department
of Regulatory Agencies recommendation to allow the Wildland-Urban Interface
Training Advisory Board to sunset on July 1, 2018.  


02:52:18 PM
Motion Refer House Bill 18-1238 to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.
Moved Marble
Seconded
Cooke Yes
Coram Yes
Donovan Excused
Fenberg Excused
Fields Yes
Garcia Yes
Kerr Yes
Marble Yes
Scott Excused
Baumgardner Yes
Sonnenberg Yes
Final YES: 8   NO: 0   EXC: 3   ABS:  0   FINAL ACTION:  PASS



HB18-1199 - Referred to the Committee of the Whole


03:14:11 PM  
Senator Coram, prime sponsor, discussed
the provisions of House Bill18-1199 concerning aquifer storage and recovery
plans.  The bill requires the Ground Water Commission in the Department
of Natural Resources to promulgate rules for applying for approval of aquifer
storage-and-recovery plans.  The commission is required to publish
a completed application and hold a hearing if an objection is filed.  The
commission is required to approve an aquifer storage-and-recovery plan
if it meets both statutory and commission requirements.  The Colorado
Ground Water Commission is a regulatory body authorized by the General
Assembly to manage and control ground water resources within eight designated
ground water basins in eastern Colorado where users rely primarily on ground
water as their source of water.  The commission is authorized to issue
large capacity well permits, changes in water rights and replacement wells,
and to adopt rules and policies.
03:15:24 PM  
Pat Ratliff, South Metro Water Supply Authority, spoke in support of the bill.
03:16:55 PM  
Kathy Kitzmann, City of Aurora, spoke in support of the bill.
03:18:10 PM  
Tracey Kosloff, Division of Water Resources, spoke in support of the bill.
03:18:52 PM  
Richard Orf, Colorado Water Congress, spoke in support of the bill.


03:20:46 PM
Motion Refer House Bill 18-1199 to the Committee of the Whole.
Moved Coram
Seconded
Cooke Yes
Coram Yes
Donovan Yes
Fenberg Yes
Fields Yes
Garcia Yes
Kerr Yes
Marble No
Scott Yes
Baumgardner Yes
Sonnenberg Yes
Final YES: 10   NO: 1   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB18-1246 - Referred to the Committee of the Whole


03:20:52 PM  
Senator Coram, prime sponsor, discussed
the provisions of House Bill18-1246 concerning modernization of the Nursery
Act.  The bill removes the inspection exemption for a nursery that
sells stock grown and sold only in Colorado; raises the nursery stock business
registration fee cap from $100 to $300 per year; authorizes the Commissioner
of Agriculture to promulgate rules regarding the information to be included
on labels attached to nursery stock; adds new definitions and modifies
the definition of "nursery stock"; and prohibits the sale of
noxious weeds or nursery stock infested with noxious weeds.
03:22:14 PM  
Duane Sinning, Colorado Department of Agriculture,
spoke in support of the bill and discussed the regulation of nurseries.
 He also responded to questions from the committee about the need
to regulate nurseries.
03:26:27 PM  
Laura Pottorff, Colorado Department of Agriculture, spoke in support of the bill.
03:28:21 PM  
Brant Harrison, Colorado Department of Agriculture, Colorado Farm Bureau, spoke in support of the bill.
03:31:23 PM  
Alex Gerace, Colorado Nursery and Greenhouse
Association, spoke in support of the bill.
03:35:03 PM  
Matt Edmunson, Colorado Nursery and Greenhouse Association, spoke in support of the bill.
03:36:53 PM  
Brett Moore, Colorado Weed Management Association, spoke in support of the bill.


03:40:53 PM
Motion Refer House Bill 18-1246 to the Committee of the Whole.
Moved Coram
Seconded
Cooke Yes
Coram Yes
Donovan Yes
Fenberg Yes
Fields Yes
Garcia Yes
Kerr Yes
Marble Yes
Scott Yes
Baumgardner Yes
Sonnenberg No
Final YES: 10   NO: 1   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB18-1239 - Referred to the Committee of the Whole - Consent Calendar




03:43:31 PM
Motion Refer House Bill 18-1239 to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.
Moved Scott
Seconded
Cooke Yes
Coram Yes
Donovan Yes
Fenberg Yes
Fields Yes
Garcia Yes
Kerr Yes
Marble Yes
Scott Yes
Baumgardner Yes
Sonnenberg Yes
Final YES: 11   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS


03:44:02 PM   Committee Adjourned






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