J_LC_2016A 10/14/2016 Committee Summary

Date:	10/14/2016	ATTENDANCE
Time:	09:09 AM to 11:16 AM	Buck	X
		Court	X
Place:	RM 271	DelGrosso	X
		Duran	X
This Meeting was called to order by		Guzman	X
	Representative Hullinghorst	Heath	X
		Jones	X
This Report was prepared by		Lawrence	X
	Rachel Kurtz-Phelan	Lundberg	X
		Marble	X
		Melton	X
		Ransom	X
		Roberts	X
		Scheffel	X
		Todd	X
		Williams	X
		Cadman	X
		Hullinghorst	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Introductory Remarks Transportation Legislation Review Committee Communication Between HCPF and Medicaid Clients Committee Cost Benefit Analysis of Legalized Marijuana in Colorado Mental Illness in the Criminal Justice System Oversight Committee Police Officers' and Firefighters' Pension Reform Commission Water Resources Review Committee Wildfire Matters Review Committee		Witness Testimony and/or Committee Discussion Only Recommendation(s) Approved Recommendation(s) Approved Recommendation(s) Approved Recommendation(s) Approved Recommendation(s) Approved Recommendation(s) Approved Recommendation(s) Approved

09:10 AM -- Introductory Remarks



Speaker Hullinghorst, chair, called the meeting to order. Roll call was taken and a quorum was present. Mike Mauer, Director, Legislative Council Staff, came to the table and explained that the purpose of the meeting has historically been to decide whether bills proposed by interim committees fit the charge of the interim committee. He discussed how the meeting would generally proceed. Mr. Mauer answered questions from the committee.





09:13 AM -- Transportation Legislation Review Committee



Senator Baumgardner, chair of the Transportation Legislation Review Committee (TLRC), presented Bills A, B, C, D, and E recommended by the committee. The summary report prepared for the Legislative Council Committee, copies of the bills, and the committee's charge can be found in Attachment A. Senator Baumgardner answered questions from the committee. Committee discussion ensued.



161014 AttachA.pdf



09:29 AM



The committee continued to discuss the bills recommended by the TLRC.



The bills are as follows:



Bill A - Hearings on Transportation Commission Districts. This bill requires the TLRC to meet five times before November 15, 2017, to:

· make available the House Bill 16-1031 research study of changes to the Colorado Transportation Commission districts since 1991; and

· to offer an opportunity for public input regarding the districts, the study, and whether the districts should be modified.

Of the five meetings, four are to take place in each quadrant of the state and one in Denver metropolitan area. The committee may also consider the use of remote testimony.



Bill B - Modify Definition of a Commercial Vehicle. This bill modifies the definition of a commercial vehicle by increasing the minimum weight for commercial vehicles from 10,001 pounds to 16,001 pounds, and allows the Colorado State Patrol to adopt rules for vehicles that would otherwise be considered commercial vehicles but for weighing between 10,001 and 16,000 pounds.



Bill C - Authorize New Transportation Revenue Anticipation Notes. This bill requires the state Transportation Commission to submit a ballot question to voters in 2017 for approval of $3.5 billion in Transportation Revenue Anticipation Notes (TRANs) once existing transportation bonds have been repaid. The maximum repayment cost cannot exceed $5.5 billion or take longer than 20 years to repay. TRANs proceeds must be spent on a list of 42 transportation projects across the state described in the bill.



The bill also eliminates the final three years of Senate Bill 09-228 transfers and diverts 5 percent of state sales tax revenue to the Highway Users Tax Fund (HUTF) and 1 percent of state sales tax revenue to the Capital Construction Fund (CCF). Both the Senate Bill 09-228 transfers and the sales tax diversions to the HUTF are transferred to the State Highway Fund, so this change will not impact the local distribution of the HUTF.





Bill D - Autocycle Characteristics & Safety Requirements. This bill amends the definition of an autocycle to:

· exclude motorcycles;

· specify that autocycles are three-wheeled motor vehicles where the driver and passengers ride in a fully or partly enclosed seating area equipped with safety belts for all occupants;

· define "partly enclosed seating area" as an area that is surrounded on the sides by the frame or body of the vehicle; and

· remove air bag and hardtop enclosure requirements.

The bill also clarifies that child restraint and safety belt laws apply to autocycles.



Bill E - Limits on Underground Storage Tank Regulation. This bill prohibits a local government from imposing inspection requirements or charging inspection fees for underground petroleum storage tanks.

BILL:	Transportation Legislation Review Committee
TIME:	09:37:44 AM
MOVED:	Cadman
MOTION:	Approve Bill C recommended by the Transportation Legislation Review Committee as fitting under the committee's charge. The motion failed on a 9-9 vote.
SECONDED:	Buck
		VOTE
	Buck	Yes
	Court	No
	DelGrosso	Yes
	Duran	No
	Guzman	No
	Heath	No
	Jones	No
	Lawrence	Yes
	Lundberg	Yes
	Marble	Yes
	Melton	No
	Ransom	Yes
	Roberts	Yes
	Scheffel	Yes
	Todd	No
	Williams	No
	Cadman	Yes
	Hullinghorst	No
Final YES: 9 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: TIE

BILL:	Transportation Legislation Review Committee
TIME:	09:40:58 AM
MOVED:	Jones
MOTION:	Approve Bills A, B, and D recommended by the Transportation Legislation Review Committee as fitting under the committee's charge. The motion passed without objection.
SECONDED:	Court
		VOTE
	Buck
	Court
	DelGrosso
	Duran
	Guzman
	Heath
	Jones
	Lawrence
	Lundberg
	Marble
	Melton
	Ransom
	Roberts
	Scheffel
	Todd
	Williams
	Cadman
	Hullinghorst
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

BILL:	Transportation Legislation Review Committee
TIME:	09:41:48 AM
MOVED:	Buck
MOTION:	Approve Bill E recommended by the Transportation Legislation Review Committee as fitting under the committee's charge. The motion passed on a vote of 13-5.
SECONDED:	DelGrosso
		VOTE
	Buck	Yes
	Court	No
	DelGrosso	Yes
	Duran	Yes
	Guzman	No
	Heath	No
	Jones	No
	Lawrence	Yes
	Lundberg	Yes
	Marble	Yes
	Melton	Yes
	Ransom	Yes
	Roberts	Yes
	Scheffel	Yes
	Todd	Yes
	Williams	Yes
	Cadman	Yes
	Hullinghorst	No
Final YES: 13 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

09:47 AM -- Communication Between HCPF and Medicaid Clients Committee



Representative Primavera, chair of the Communication Between the Department of Health Care Policy and Financing (HCPF) and Medicaid Clients Committee, presented Bills A, B, C, and D recommended by the committee. The summary report prepared for the Legislative Council Committee, copies of the bills, and the committee's charge can be found in Attachment B. Representative Primavera answered questions from the committee. The committee discussed the fiscal note for Bill D.



161014 AttachB.pdf



The bills are as follows:



Bill A - Technical issues filing Medicaid appeals. This bill clarifies that Medicaid benefits must automatically continue without requiring an affirmative request by a client who is appealing a termination or reduction in benefits. HCPF must send the recipient written confirmation of the continuing benefits. The electronic filing form for appeals must include a check box or other method to opt out of continuing benefits, to request an accommodation for submitting an appeal or participating in a hearing, and to request dispute resolution. The electronic appeals website must additionally allow for the attachment of as many documents as necessary to support the appeal.





Bill B - Medicaid appeal review legal notice requirements. This bill requires administrative law judges to review the legal sufficiency of Medicaid notices of action when a client appeals a termination or reduction in benefits (adverse action). The legal review of notices will take place at the start of an appeal. If the administrative law judge determines that the notice is not legally sufficient, he or she shall inform the client that the adverse action may be set aside. The client may then ask the administrative law judge to decide the case in his or her favor on the basis of the insufficient notice. Alternately, the client may waive his or her defense on the basis of insufficient notice and request that the appeal proceed to a hearing on the merits of the case. Administrative law judges must inform clients that HCPF may issue a legally sufficient notice in the future and that the client may be required to repay any benefits received, as provided under current law, if the adverse action is upheld after the new notice is issued.



Bill C - Audits of Medicaid client correspondence. This bill requires the Office of the State Auditor (OSA) to conduct performance audits of client communications concerning eligibility for Medicaid programs. These audits will be conducted in 2020 and 2023, with any future audits occurring at the discretion of the state auditor. These audits will encompass communications generated both in and outside of the Colorado Benefits Management System (CBMS). The performance audits will determine whether client communications comply with state and federal requirements, and they will review the understandability, readability, and accuracy of client communications. As a part of these audits, OSA will review available county data related to confusing communications received by Medicaid clients. The OSA will report audit findings and recommendations to various legislative committees.



Bill D - Improve Medicaid client correspondence. This bill requires HCPF to engage in an ongoing process to create, test, and improve Medicaid client communications. HCPF must ensure that communications with clients are accurate, readable, understandable, and consistent. Contact information for client questions, and, to the extent practicable, legal, privacy, and educational information must be provided separately from the main content of the correspondence. In all communications regarding denial, reduction, suspension, or termination of benefits, the following must be included:

· an understandable explanation of denial, reduction, suspension, or termination;

· detailed information on the client’s household composition and income sources; and

· a specific description of any information or documents needed from the client.

When modifying Medicaid communications, HCPF is required to test the changes and solicit feedback from clients and stakeholders. HCPF is also required to appropriately prioritize communications that only affect a small number of clients or vulnerable populations. HCPF is encouraged to promote client communications electronically and through mobile applications. As a part of HCPF’s annual presentation made to General Assembly, it must present information on its ongoing process to improve client communications.





Committee Letter A - Align public assistance eligibility. This letter requests that the federal government find ways to align eligibility requirements for public assistance programs to decrease confusion among clients who are applying for multiple programs.

BILL:	Communication Between HCPF and Medicaid Clients Committee
TIME:	10:04:58 AM
MOVED:	Jones
MOTION:	Approve Bills A, B, C, D and Committee Letter A recommended by the Communication Between Health Care Policy and Financing and Medicaid Clients Committee as fitting under the committee's charge. The motion passed without objection.
SECONDED:	Court
		VOTE
	Buck
	Court
	DelGrosso
	Duran
	Guzman
	Heath
	Jones
	Lawrence
	Lundberg
	Marble
	Melton
	Ransom
	Roberts
	Scheffel
	Todd
	Williams
	Cadman
	Hullinghorst
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

10:05 AM -- Cost Benefit Analysis of Legalized Marijuana in Colorado



Representative Pabon, chair of the Cost Benefit Analysis of Legalized Marijuana in Colorado Interim Study Committee, presented Bills A, B, C, D, and E recommended by the committee. The summary report prepared for the Legislative Council Committee, copies of the bills, and the committee's charge can be found in Attachment C. Representative Pabon answered questions from the committee.



161014 AttachC.pdf





The bills are as follows:



Bill A - BEST Marijuana Funding. This bill directs the Public School Capital Construction Assistance Board to take into consideration the extent to which retail marijuana excise tax is collected from each county in the state when it prioritizes applications for grant funding under the Building Excellent Schools Today (BEST) program. The bill also expands the definition of capital construction under the BEST program to include technology and creates a new technology grant account from which schools may apply for technology grants. This technology grant account is scheduled to replace the charter school facilities assistance account on July 1, 2018.



Bill B - Grey and Black Market Marijuana Enforcement Grants. This bill creates a grant program to reimburse local governments for costs associated with training, education, law enforcement, and prosecution of offenses for the grey and black marijuana markets. The grant program is to be administered by the Department of Local Affairs and is required to prioritize funding to local governments in rural areas that have limited law enforcement resources to address illegal, unlicensed marijuana cultivation operations.



The bill authorizes moneys from the Marijuana Tax Cash Fund (MCTF) to be used to fund the grant program and its administration. Any moneys not expended in a given fiscal year are retained by the department for use in the next fiscal year.



On or before November 1, 2019, and each November 1 thereafter, the department is required to provide an update about the program in its annual SMART Government Act hearing for the General Assembly.



Bill C - Marijuana Education Materials Resource Book. This bill requires the Colorado Department of Education (CDE), with assistance from the Colorado Department of Public Health and Environment, to create and maintain a resource bank of materials and curricula related to marijuana. The resource bank must be available by July 1, 2017, and be free to school districts, charter schools, and Boards of Cooperative Educational Services (BOCES). If requested, CDE must also assist districts, charter schools, and BOCES with developing a marijuana-related curriculum.



The bill authorizes use of the MTCF to cover expenses related to developing and maintaining the resource bank and providing technical assistance.



Bill D - Medical Marijuana Use for Stress Disorders. This bill adds acute stress disorder and post-traumatic stress disorder to the list of debilitating medical conditions for which a person may obtain a medical marijuana card.







Bill E - Unlawful Marijuana Advertising. This bill creates a level 2 drug misdemeanor for a person not licensed to sell medical or retail marijuana to attempt to sell marijuana or marijuana concentrate by placing an advertisement in print or online.

BILL:	Cost Benefit Analysis of Legalized Marijuana in Colorado
TIME:	10:22:16 AM
MOVED:	Court
MOTION:	Approve Bill A recommended by the Cost Benefit Analysis of Legalized Marijuana in Colorado Interim Study Committee as fitting under the committee's charge. The motion failed on a vote of 8-9.
SECONDED:	Melton
		VOTE
	Buck	No
	Court	Yes
	DelGrosso	No
	Duran	Yes
	Guzman	Yes
	Heath	Yes
	Jones	Yes
	Lawrence	No
	Lundberg	No
	Marble	No
	Melton	Yes
	Ransom	No
	Roberts	No
	Scheffel	No
	Todd	Yes
	Williams	Excused
	Cadman	No
	Hullinghorst	Yes
Final YES: 8 NO: 9 EXC: 1 ABS: 0 FINAL ACTION: FAIL

BILL:	Cost Benefit Analysis of Legalized Marijuana in Colorado
TIME:	10:25:48 AM
MOVED:	Court
MOTION:	Approve Bill B recommended by the Cost Benefit Analysis of Legalized Marijuana in Colorado Interim Study Committee as fitting under the committee's charge. The motion passed on a vote of 9-8.
SECONDED:	Melton
		VOTE
	Buck	No
	Court	Yes
	DelGrosso	No
	Duran	Yes
	Guzman	Yes
	Heath	Yes
	Jones	Yes
	Lawrence	No
	Lundberg	No
	Marble	No
	Melton	Yes
	Ransom	No
	Roberts	Yes
	Scheffel	No
	Todd	Yes
	Williams	Excused
	Cadman	No
	Hullinghorst	Yes
Final YES: 9 NO: 8 EXC: 1 ABS: 0 FINAL ACTION: PASS

BILL:	Cost Benefit Analysis of Legalized Marijuana in Colorado
TIME:	10:27:09 AM
MOVED:	Court
MOTION:	Approve Bill C recommended by the Cost Benefit Analysis of Legalized Marijuana in Colorado Interim Study Committee as fitting under the committee's charge. The motion passed without objection.
SECONDED:	Melton
		VOTE
	Buck
	Court
	DelGrosso
	Duran
	Guzman
	Heath
	Jones
	Lawrence
	Lundberg
	Marble
	Melton
	Ransom
	Roberts
	Scheffel
	Todd
	Williams
	Cadman
	Hullinghorst
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

BILL:	Cost Benefit Analysis of Legalized Marijuana in Colorado
TIME:	10:27:31 AM
MOVED:	Court
MOTION:	Approve Bill D recommended by the Cost Benefit Analysis of Legalized Marijuana in Colorado Interim Study Committee as fitting under the committee's charge. The motion passed without objection.
SECONDED:	Melton
		VOTE
	Buck
	Court
	DelGrosso
	Duran
	Guzman
	Heath
	Jones
	Lawrence
	Lundberg
	Marble
	Melton
	Ransom
	Roberts
	Scheffel
	Todd
	Williams
	Cadman
	Hullinghorst
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

BILL:	Cost Benefit Analysis of Legalized Marijuana in Colorado
TIME:	10:27:50 AM
MOVED:	Court
MOTION:	Approve Bill E recommended by the Cost Benefit Analysis of Legalized Marijuana in Colorado Interim Study Committee as fitting under the committee's charge. The motion failed on a vote of 7-10.
SECONDED:	Duran
		VOTE
	Buck	No
	Court	Yes
	DelGrosso	No
	Duran	Yes
	Guzman	Yes
	Heath	Yes
	Jones	Yes
	Lawrence	No
	Lundberg	No
	Marble	No
	Melton	No
	Ransom	No
	Roberts	No
	Scheffel	No
	Todd	Yes
	Williams	Excused
	Cadman	No
	Hullinghorst	Yes
Final YES: 7 NO: 10 EXC: 1 ABS: 0 FINAL ACTION: FAIL

10:29 AM -- Mental Illness in the Criminal Justice System Oversight Committee



Representative Singer, chair of the Mental Illness in the Criminal Justice System Oversight Committee, presented Bills A, B, C, and D recommended by the committee. The summary report prepared for the Legislative Council Committee, copies of the bills, and the committee's charge can be found in Attachment D.



161014 AttachD.pdf



The bills are as follows:





Bill A - Staffing Task Force Mental Illness Justice System. This bill modifies current law concerning funding and staff support for the advisory task force. Specifically, the bill:

· allows the Office of Behavioral Health in the Colorado Department of Human Service (CDHS) and any other state agency with an active representative on the task force to receive and expend gifts, grants, and donations in support of the task force;

· permits the Office of Behavioral Health in the CDHS to provide staff assistance to the task force within existing appropriations;

· clarifies that the existing Treatment of Persons with Mental Illness in the Criminal and Juvenile Justice Systems Cash Fund may receive moneys appropriated or transferred by the General Assembly; and

· removes language that prohibits the transfer of unexpended moneys in the fund to the General Fund or another fund.

Bill B - Medication Mental Illness in Justice Systems. This bill requires CDHS and Department of Corrections (DOC) to promulgate rules to require providers under each department’s authority to use a medication formulary that has been developed collaboratively by departments, agencies, and providers. The bill allows for patient-specific information to be shared between various entities for the sole purpose of ensuring medication consistency. CDHS, along with other state entities, must develop a plan by which patient-specific information can be shared electronically, while still complying with confidentiality requirements. The department is to encourage certain providers to utilize cooperative purchasing for the medication formulary, unless the provider can obtain the medication elsewhere at a lower cost and is required to conduct annual and biannual reviews of the formulary to address any urgent concerns related to the formulary, update the formulary, and ensure compliance with the formulary.



Bill C - Competency Restoration Services and Education. This bill establishes the Office of Behavioral Health in CDHS as the agency responsible for restoration education and the coordination of competency restoration services and sets forth the duties, responsibilities, and reporting requirements of the office. The bill adds the requirement that provision of restoration services and a juvenile’s participation in those services occur in a timely manner. The bill requires the court to review cases for juveniles in custody every 30 days. The bill also directs the court to consider whether restoration of competency should occur on an out-patient or out-of-custody basis for defendants on bond or summons.





Bill D - Assistance To Released Mentally Ill Offenders. This bill directs the Division of Housing in the Department of Local Affairs to establish a program to provide vouchers and supportive services to persons with mental illness who are being released from the DOC or jails. CDHS, in conjunction with the Department of Corrections, is to implement reentry programs to assist persons with a mental illness who are being released from the DOC or jail.

BILL:	Mental Illness in the Criminal Justice System Oversight Committee
TIME:	10:35:16 AM
MOVED:	Court
MOTION:	Approve Bill A recommended by the Mental Illness in the Criminal Justice System Oversight Committee as fitting under the committee's charge. The motion passed on a vote of 16-1.
SECONDED:	Cadman
		VOTE
	Buck	No
	Court	Yes
	DelGrosso	Yes
	Duran	Yes
	Guzman	Yes
	Heath	Yes
	Jones	Yes
	Lawrence	Yes
	Lundberg	Yes
	Marble	Yes
	Melton	Yes
	Ransom	Yes
	Roberts	Yes
	Scheffel	Yes
	Todd	Yes
	Williams	Excused
	Cadman	Yes
	Hullinghorst	Yes
Final YES: 16 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS

BILL:	Mental Illness in the Criminal Justice System Oversight Committee
TIME:	10:39:04 AM
MOVED:	Cadman
MOTION:	Approve Bill B recommended by the Mental Illness in the Criminal Justice System Oversight Committee as fitting under the committee's charge. The motion passed without objection.
SECONDED:	Court
		VOTE
	Buck
	Court
	DelGrosso
	Duran
	Guzman
	Heath
	Jones
	Lawrence
	Lundberg
	Marble
	Melton
	Ransom
	Roberts
	Scheffel
	Todd
	Williams
	Cadman
	Hullinghorst
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

BILL:	Mental Illness in the Criminal Justice System Oversight Committee
TIME:	10:39:30 AM
MOVED:	Court
MOTION:	Approve Bill C recommended by the Mental Illness in the Criminal Justice System Oversight Committee as fitting under the committee's charge. The motion passed without objection.
SECONDED:	Cadman
		VOTE
	Buck
	Court
	DelGrosso
	Duran
	Guzman
	Heath
	Jones
	Lawrence
	Lundberg
	Marble
	Melton
	Ransom
	Roberts
	Scheffel
	Todd
	Williams
	Cadman
	Hullinghorst
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

BILL:	Mental Illness in the Criminal Justice System Oversight Committee
TIME:	10:39:55 AM
MOVED:	Cadman
MOTION:	Approve Bill D recommended by the Mental Illness in the Criminal Justice System Oversight Committee as fitting under the committee's charge. The motion passed without objection.
SECONDED:	Court
		VOTE
	Buck
	Court
	DelGrosso
	Duran
	Guzman
	Heath
	Jones
	Lawrence
	Lundberg
	Marble
	Melton
	Ransom
	Roberts
	Scheffel
	Todd
	Williams
	Cadman
	Hullinghorst
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

10:40 AM -- Police Officers' and Firefighters' Pension Reform Commission



Senator Cooke, chair of the Police Officers' and Firefighters' Pension Reform Commission, presented Bills A and B recommended by the committee. The summary report prepared for the Legislative Council Committee, copies of the bills, and the committee's charge can be found in Attachment E.



161014 AttachE.pdf





The bills are as follows:



Bill A - Deferred Compensation Plan Establishment. This bill allows the board of directors of the Fire and Police Pension Association (FPPA) to develop, maintain, and amend a multi-employer deferred compensation plan document. Under current law, the FPPA maintains a master deferred compensation plan document for use by FPPA member employers when establishing these supplemental plans for their employees. Bill A allows the FPPA to also provide a master document that will assist members in establishing a multi-employer plan. Multi-employer plans are allowed under federal Internal Revenue Service rules. This bill aligns Colorado statutes with federal law and current practice, permitting the FPPA to provide technical assistance in developing and maintaining these types of plans.



Bill B - Uniform Approval Standard for Statewide Plan Elections. This bill establishes a uniform standard for approving modifications to the statewide defined benefits plan administered by the FPPA. Employers who participate in plans administered by FPPA, and who wish to modify their status in the plan, must conduct an election and obtain the approval of 65 percent of those employees who vote in that election. Under current law, some employers need to obtain approval of 65 percent of all their employees.

BILL:	Police Officers' and Firefighters' Pension Reform Commission
TIME:	10:42:44 AM
MOVED:	Heath
MOTION:	Approve Bills A and B recommended by the Police Officers' and Firefighters' Pension Reform Commission as fitting under the committee's charge. The motion passed without objection.
SECONDED:	Melton
		VOTE
	Buck
	Court
	DelGrosso
	Duran
	Guzman
	Heath
	Jones
	Lawrence
	Lundberg
	Marble
	Melton
	Ransom
	Roberts
	Scheffel
	Todd
	Williams
	Cadman
	Hullinghorst
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

10:44 AM -- Water Resources Review Committee



Representative Vigil, chair of the Water Resources Review Committee, presented Bills A, B, C, D, and Resolution A recommended by the committee. The summary report prepared for the Legislative Council Committee, copies of the bills, and the committee's charge can be found in Attachment F. Representative Vigil answered questions from the committee.



161014 AttachF.pdf



The bills and resolution are as follows:



Bill A - CWCB Grants Loans Dredge South Platte Basin Reservoirs. This bill appropriates $5.0 million for FY 2017-18 from the Colorado Water Conservation Board (CWCB) Construction Fund for loans and grants for dredging reservoirs located in the South Platte River Basin.



Bill B - Update 1921 Irrigation District Act. This bill makes updates to the 1921 Irrigation District Act and addresses: compensation for board members and election judges; use of surplus water; how irrigation district assessments are to be collected and held; the bonding requirement for district board members; and election procedures and procedures for selling surplus property. The bill also increases from $20,000 to $500,000, the amount of a contract or an eminent domain proceeding that requires voter ratification in a district election.



Bill C - Graywater Regulation Exemption for Scientific Research. This bill authorizes the use of graywater for scientific research involving human subjects and sets minimum requirements for conducting such research.



Bill D - State Engineer Statutes Cleanup. This bill updates statutes related to the State Engineer and the Division of Water Resources (DWR). In addition to removing obsolete provisions and modernizing language, this bill removes bonding requirements for certain DWR staff; expands the allowable sources of grant funding for DWR activities; directs the DWR to replace existing monitoring technologies if more cost-effective technologies emerge; eliminates some statutorily defined fee amounts; and makes several other changes to existing law.





Joint Resolution A - Funding Prevent Aquatic Nuisance Species. This resolution urges the U.S. Bureau of Reclamation, the United States Army Corps of Engineers, and the U.S. Forest Service to provide funding to Colorado Parks and Wildlife for implementation of the state’s Zebra and Quagga Mussel Management Plan.

BILL:	Water Resources Review Committee
TIME:	11:01:17 AM
MOVED:	Roberts
MOTION:	Approve Bill A recommended by the Water Resources Review Committee as fitting under the committee's charge. The motion passed on a vote of 16-1.
SECONDED:	Lawrence
		VOTE
	Buck	Yes
	Court	Yes
	DelGrosso	Yes
	Duran	Yes
	Guzman	Yes
	Heath	Yes
	Jones	No
	Lawrence	Yes
	Lundberg	Yes
	Marble	Yes
	Melton	Yes
	Ransom	Yes
	Roberts	Yes
	Scheffel	Yes
	Todd	Yes
	Williams	Excused
	Cadman	Yes
	Hullinghorst	Yes
Final YES: 16 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS

BILL:	Water Resources Review Committee
TIME:	11:04:38 AM
MOVED:	Roberts
MOTION:	Approve Bill B recommended by the Water Resources Review Committee as fitting under the committee's charge. The motion passed without objection.
SECONDED:	Court
		VOTE
	Buck
	Court
	DelGrosso
	Duran
	Guzman
	Heath
	Jones
	Lawrence
	Lundberg
	Marble
	Melton
	Ransom
	Roberts
	Scheffel
	Todd
	Williams
	Cadman
	Hullinghorst
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

BILL:	Water Resources Review Committee
TIME:	11:05:11 AM
MOVED:	Roberts
MOTION:	Approve Bill C recommended by the Water Resources Review Committee as fitting under the committee's charge. The motion passed on a vote of 14-3.
SECONDED:	Duran
		VOTE
	Buck	Yes
	Court	No
	DelGrosso	Yes
	Duran	Yes
	Guzman	Yes
	Heath	Yes
	Jones	No
	Lawrence	Yes
	Lundberg	Yes
	Marble	Yes
	Melton	Yes
	Ransom	Yes
	Roberts	Yes
	Scheffel	Yes
	Todd	Yes
	Williams	Excused
	Cadman	Yes
	Hullinghorst	No
Final YES: 14 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS

BILL:	Water Resources Review Committee
TIME:	11:06:24 AM
MOVED:	Roberts
MOTION:	Approve Bill D recommended by the Water Resources Review Committee as fitting under the committee's charge. The motion passed without objection.
SECONDED:	Duran
		VOTE
	Buck
	Court
	DelGrosso
	Duran
	Guzman
	Heath
	Jones
	Lawrence
	Lundberg
	Marble
	Melton
	Ransom
	Roberts
	Scheffel
	Todd
	Williams
	Cadman
	Hullinghorst
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

BILL:	Water Resources Review Committee
TIME:	11:07:00 AM
MOVED:	Roberts
MOTION:	Approve Resolution A recommended by the Water Resources Review Committee as fitting under the committee's charge. The motion passed without objection.
SECONDED:	Buck
		VOTE
	Buck
	Court
	DelGrosso
	Duran
	Guzman
	Heath
	Jones
	Lawrence
	Lundberg
	Marble
	Melton
	Ransom
	Roberts
	Scheffel
	Todd
	Williams
	Cadman
	Hullinghorst
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

11:07 AM -- Wildfire Matters Review Committee



Senator Roberts, chair of the Wildfire Matters Review Committee, presented Bill A, Resolution A, and Memorial A recommended by the committee. The summary report prepared for the Legislative Council Committee, copies of the bills, and the committee's charge can be found in Attachment G. Senator Roberts answered questions from the committee.



161014 AttachG.pdf





The bill, resolution, and memorial are as follows:



Bill A - Reverse Mortgage Repayment When Home Uninhabitable. Under current law, the borrower in a reverse mortgage is relieved of the obligation to occupy the subject property as a principle residence if the borrower is temporarily absent for up to 60 days or, if the property is adequately secured, up to one year. This bill adds an additional exception to the principal residence requirement for borrowers who are unable to live in their home for at least 60 days and fewer than five years due to a natural disaster or incident beyond the borrower's control making the home uninhabitable. The bill applies to reverse mortgages for homes that are rendered uninhabitable by a natural disaster occurring on or after the effective date of the bill.



Resolution A - Support for Use of Biochar. This resolution requests that state and federal agencies support the continued use of biochar from Colorado forest biomass products.



Joint Memorial A - End Practice Fire Borrowing. This memorial requests that Congress fund the costs for catastrophic wildfire response outside the normal budgets for federal forest management agencies.

BILL:	Wildfire Matters Review Committee
TIME:	11:14:35 AM
MOVED:	Cadman
MOTION:	Approve Bill A, Resolution A, and Memorial A recommended by the Wildfire Matters Review Committee as fitting under the committee's charge. The motion passed without objection.
SECONDED:	Lawrence
		VOTE
	Buck
	Court
	DelGrosso
	Duran
	Guzman
	Heath
	Jones
	Lawrence
	Lundberg
	Marble
	Melton
	Ransom
	Roberts
	Scheffel
	Todd
	Williams
	Cadman
	Hullinghorst
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

11:15 AM



The committee adjourned.