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H_TRA_2016A 04/27/2016 01:35:02 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON TRANSPORTATION & ENERGY

Date: 04/27/2016
ATTENDANCE
Time: 01:35 PM to 05:34 PM
Becker J.
X
Buck
X
Place: HCR 0112
Carver
X
Coram
X
This Meeting was called to order by
Esgar
X
Representative Tyler
Kraft-Tharp
X
Melton
X
This Report was prepared by
Moreno
X
Matt Kiszka
Neville P.
X
Nordberg
X
Winter
X
Mitsch Bush
X
Tyler
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB16-157

SB16-061

HB16-1441
Postponed Indefinitely

Postponed Indefinitely

Referred to Appropriations





01:35 PM -- SB 16-157



Representative Dore, prime sponsor, came to the table to present Senate Bill 16-157 to the committee. On February 9, 2016, the United States Supreme Court stayed the implementation of the U.S. Environmental Protection Agency's (EPA) rules to regulate carbon dioxide emissions from existing fossil-fuel-fired, electric generating units under the Clean Air Act. This bill requires the Air Quality Control Commission (AQCC) and the Division of Administration in Colorado Department of Public 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.



01:39 PM --
Martha Rudolph, representing CDPHE, testified in opposition to the bill. Ms. Rudolph responded to questions from the committee.



02:01 PM -- Erin Overturf, representing Western Resource Advocates, testified in opposition to the bill.

02:04 PM -- Sarah Propst, representing the Interwest Energy Alliance, testified in opposition to the bill. Ms. Propst responded to questions from the committee.



02:08 PM -- America Sherwood, representing the League of Women Voters, testified in opposition to the bill. Ms. Sherwood responded to questions from the committee.











02:15 PM -- Kacie Peters, representing E2, testified in opposition to the bill. Ms. Peters responded to a question from the committee.



02:19 PM -- Roger Freeman, representing the Colorado Solar Energy Industry Association (COSEIA), testified in opposition to the bill. Mr. Freeman responded to questions from the committee.



02:24 PM -- Kim Stevens, representing Environment Colorado, testified in opposition to the bill. Ms. Stevens responded to questions from the committee.



02:29 PM -- Donald Martinez, representing himself, testified in opposition to the bill. Mr. Martinez responded to questions from the committee.



02:35 PM -- Jan Douglas, representing the Sierra Club Rocky Mountain Chapter, testified in opposition to the bill.



02:38 PM -- Steve Bachar, representing the Colorado Cleantech Industry Association, testified in opposition to the bill. Mr. Bachar responded to questions from the committee.



02:44 PM -- Laurent Meillon, representing the Colorado Renewable Energy Society (CRES), testified in opposition to the bill. Mr. Laurent responded to questions from the committee.



02:53 PM -- Richard Orf, representing the Colorado Mining Association and the Associated Governments of Northwest Colorado (AGNC). Mr. Orf responded to questions from the committee.



03:07 PM -- Patrick DePriest, representing himself, testified in opposition to the bill.





03:10 PM



Representative Winter explained amendment L.004 (Attached A), which clarifies Colorado's role in regulating carbon emissions. Committee discussion ensued.



160427 AttachA.pdf160427 AttachA.pdf

BILL: SB16-157
TIME: 03:16:36 PM
MOVED: Winter
MOTION: Adopt amendment L.004 (Attachment A). The motion failed on a vote of 6-7.
SECONDED: Melton
VOTE
Becker J.
No
Buck
No
Carver
No
Coram
No
Esgar
Yes
Kraft-Tharp
Yes
Melton
Yes
Moreno
Yes
Neville P.
No
Nordberg
No
Winter
Yes
Mitsch Bush
Yes
Tyler
No
YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL





03:19 PM



Representative Dore made his closing comments on the bill.

BILL: SB16-157
TIME: 03:21:51 PM
MOVED: Neville P.
MOTION: Refer Senate Bill 16-157 to the Committee of the Whole. The motion failed on a vote of 6-7.
SECONDED: Carver
VOTE
Becker J.
Yes
Buck
Yes
Carver
Yes
Coram
Yes
Esgar
No
Kraft-Tharp
No
Melton
No
Moreno
No
Neville P.
Yes
Nordberg
Yes
Winter
No
Mitsch Bush
No
Tyler
No
YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL




BILL: SB16-157
TIME: 03:22:42 PM
MOVED: Melton
MOTION: Postpone Senate Bill 16-157 indefinitely. The motion passed on a vote of 7-6.
SECONDED: Esgar
VOTE
Becker J.
No
Buck
No
Carver
No
Coram
No
Esgar
Yes
Kraft-Tharp
Yes
Melton
Yes
Moreno
Yes
Neville P.
No
Nordberg
No
Winter
Yes
Mitsch Bush
Yes
Tyler
Yes
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS



03:24 PM -- SB 16-061



Representative Dore presented Senate Bill 16-061 to the committee. This bill requires the Colorado Public Utilities Commission (PUC) to create a Ratepayer Protection program. The program is created to address the potential increased costs of compliance with the federal Environmental Protection Agency's (EPA) Clean Power Plan (CPP). The program will be designed to cover these costs through reimbursement of electric utilities from the Ratepayer Protection Fund rather than by utility customers. Reimbursement will be paid from the newly created Ratepayer Protection Fund administered by the Colorado Energy Office. The fund is to be financed by annual General Fund appropriations.



Representative Dore responded to questions from the committee. Discussion ensued.



03:46 PM



Committee questioning of Representative Dore continued.



03:50 PM --
Martha Rudolph, representing CDPHE, testified in opposition to the bill. Ms. Rudolph responded to a question from the committee.



03:55 PM --
Erin Overturf, representing Western Resource Advocates, testified in opposition to the bill. Ms. Overturf responded to questions from the committee.



04:06 PM --
Sarah Propst, representing the Interwest Energy Alliance, testified in opposition to the bill.

04:08 PM --
Reverend Jessica Abell, representing Colorado Interfaith Power & Light, testified in opposition to the bill. Reverend Abell responded to a question from the committee.







04:12 PM --
Roger Freeman, representing COSEIA, testified in opposition to the bill.

04:14 PM --
Susan Nedell, representing E2, testified in opposition to the bill.

04:17 PM --
Jan Douglas, representing the Sierra Club, testified in opposition to the bill.



04:19 PM --
Natacha Kiler, representing herself, testified in opposition to the bill. She distributed a copy of a chart on solar economics to the committee (Attachment B).



160427 AttachB.pdf160427 AttachB.pdf



04:24 PM --
Laurent Meillon, representing CRES, testified in opposition to the bill.



04:26 PM



Representative Dore made closing comments on the bill. Committee discussion ensued.

BILL: SB16-061
TIME: 04:30:45 PM
MOVED: Neville P.
MOTION: Refer Senate Bill 16-061 to the Committee on Finance. The motion failed on a vote of 6-7.
SECONDED: Buck
VOTE
Becker J.
Yes
Buck
Yes
Carver
Yes
Coram
Yes
Esgar
No
Kraft-Tharp
No
Melton
No
Moreno
No
Neville P.
Yes
Nordberg
Yes
Winter
No
Mitsch Bush
No
Tyler
No
YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL








BILL: SB16-061
TIME: 04:30:48 PM
MOVED: Melton
MOTION: Postpone Senate Bill 16-061 indefinitely. The motion passed on a vote of 7-6.
SECONDED: Winter
VOTE
Becker J.
No
Buck
No
Carver
No
Coram
No
Esgar
Yes
Kraft-Tharp
Yes
Melton
Yes
Moreno
Yes
Neville P.
No
Nordberg
No
Winter
Yes
Mitsch Bush
Yes
Tyler
Yes
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS



04:31 PM



The committee took a brief recess.



04:36 PM



The committee returned to order.



04:36 PM -- HB 16-1441



Representative Tyler, prime sponsor, came to the table to present House Bill 16-1441. The bill requires the Colorado Public Utilities Commission (PUC) to consider the following costs of greenhouse gas emissions when considering a utility's proposal for electric resource planning:



• the likelihood of new environmental regulations concerning greenhouse gas emissions; and

• the present and future costs associated with the emission of greenhouse gases such as carbon dioxide and methane based on the cost of carbon.



The PUC shall determine the costs annually based on a review of the most appropriate national and regional markets for carbon dioxide emissions (carbon) for Colorado. Electric resource plans submitted to the PUC by regulated utilities must account for the cost of greenhouse gas emissions based on this determination.



04:43 PM



Representative Tyler responded to questions from the committee.










04:47 PM --
Richard Orf, representing the Colorado Mining Association and the AGNC, testified in opposition to the bill.



04:49 PM --
Molly May, representing Clean Energy Action, testified in support of the bill.



04:51 PM --
RJ Harrington, representing himself, testified in support of the bill. Mr. Harrington responded to questions from the committee.



05:02 PM --
Jonathan Koehn, representing the City of Boulder and Boulder County, testified in support of the bill.



05:06 PM --
Roger Freeman, representing the Colorado Cleantech Industry Association and COSEIA, testified in support of the bill.



05:09 PM --
Jan Douglas, representing the Sierra Club, testified in support of the bill.

05:12 PM --
Becky English, representing CRES, testified in support of the bill.



05:16 PM --
Tom Easley, representing the Rocky Mountain Climate Organization, testified in support of the bill. A copy of his written testimony (Attachment C) was distributed to the committee.



160427 AttachC.pdf160427 AttachC.pdf



05:18 PM --
Laurent Meillon, representing CRES, testified in support of the bill. A handout detailing PUC metrics for approving energy asset investments (Attachment D) was distributed to the committee.



160427 AttachD.pdf160427 AttachD.pdf



05:24 PM --
Frank Swain, representing Conservation Colorado, testified in support of the bill.

05:26 PM --
Stella Meillon, representing herself, testified in support of the bill.







05:27 PM



Representative Coram explained amendment L.002 (Attachment E). Committee discussion ensued.



160427 AttachE.pdf160427 AttachE.pdf

BILL: HB16-1441
TIME: 05:32:53 PM
MOVED: Coram
MOTION: Adopt amendment L.002 (Attachment E). The motion failed on a vote of 6-7.
SECONDED: Neville P.
VOTE
Becker J.
Yes
Buck
Yes
Carver
Yes
Coram
Yes
Esgar
No
Kraft-Tharp
No
Melton
No
Moreno
No
Neville P.
Yes
Nordberg
Yes
Winter
No
Mitsch Bush
No
Tyler
No
YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL: HB16-1441
TIME: 05:34:02 PM
MOVED: Tyler
MOTION: Refer House Bill 16-1441 to the Committee on Appropriations. The motion passed on a vote of 7-6.
SECONDED: Winter
VOTE
Becker J.
No
Buck
No
Carver
No
Coram
No
Esgar
Yes
Kraft-Tharp
Yes
Melton
Yes
Moreno
Yes
Neville P.
No
Nordberg
No
Winter
Yes
Mitsch Bush
Yes
Tyler
Yes
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS



05:34 PM



The committee adjourned.