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S_AGR_2017A 04/20/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON AGRICULTURE, NATURAL RESOURCES, & ENERGY

Date: 04/20/2017
ATTENDANCE
Time: 01:32 PM to 05:45 PM
Cooke
X
Coram
X
Place: SCR 357
Donovan
X
Fenberg
X
This Meeting was called to order by
Fields
X
Senator Sonnenberg
Garcia
X
Jones
X
This Report was prepared by
Marble
X
David Beaujon
Scott
X
Baumgardner
X
Sonnenberg
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Conf 17-Coal Mine Board Of Examiners

Conf 17-Land Commissioners — State Board Of

SB17-271

SB17-282

HB17-1190

HB17-1227

HB17-1257

SJR17-033

SJM17-005

SJR17-034
Favorably Refer to Full Senate - Consent

Favorably Refer to Full Senate - Consent

Amended, Referred to the Committee of the Whole

Postponed Indefinitely

Amended, Referred to the Committee of the Whole

Witness Testimony and/or Committee Discussion Only

Witness Testimony and/or Committee Discussion Only

Witness Testimony and/or Committee Discussion Only

Witness Testimony and/or Committee Discussion Only

Witness Testimony and/or Committee Discussion Only





01:33 PM -- Confirmation of Coal Mine Board Of Examiners



Ginny Brannon, Director, Division of Reclamation Mining and Safety, introduced the Governor's appointments to the Coal Mine Board of Examiners and discussed the role and duties of the board.



01:35 PM



Richard Chermak of Hotchkiss, reappointed for a term expiring July 1, 2019 - and to serve as a coal miner of known experience and practice in underground coal mining residing in the State of Colorado, and actively engaged in the coal mining industry during the term of office - discussed his experience and interest in serving another term on the Coal Mine Board of Examiners (Attachment A).



170420 AttachA.pdf170420 AttachA.pdf











01:36 PM



John Poulos of Paonia, reappointed for a term expiring July 1, 2020 - to serve as a Colorado mine owner, operator, manager, or other mine official actively engaged in the underground coal mining industry during the term of office - discussed his experience and interested in serving another term on the Coal Mine Board of Examiners (Attachment A).

BILL: Conf 17-Coal Mine Board Of Examiners
TIME: 01:38:38 PM
MOVED: Baumgardner
MOTION: Refer the appointment of Richard Clair Chermak and John Carral Poulos to the Coal Mine Board Of Examiners to the full Senate with a favorable recommendation and a recommendation that it be placed on the consent calendar. The motion passed on a vote of 11-0.
SECONDED:
VOTE
Cooke
Yes
Coram
Yes
Donovan
Yes
Fenberg
Yes
Fields
Yes
Garcia
Yes
Jones
Yes
Marble
Yes
Scott
Yes
Baumgardner
Yes
Sonnenberg
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS



01:39 PM -- State Board of Confirmation of Land Commissioners




Bill Ryan, Director, State Land Board, introduced the Governor's appointments to the State Board of Land Commissioners, and discussed the role and duties of the board.



01:40 PM



John Michael Shaw of Denver, appointed for a term expiring June 30, 2017 - to serve as a citizen-at-large and an Unaffiliated - discussed his experience and interested in serving on State Board of Land Commissioners (Attachment B).



170420 AttachB.pdf170420 AttachB.pdf




BILL: Conf 17-Land Commissioners — State Board Of
TIME: 01:42:04 PM
MOVED: Baumgardner
MOTION: Refer the appointment of John Michael Shaw to the State Board of Land Commissioners to the full Senate with a favorable recommendation and a recommendation that it be placed on the consent calendar. The motion passed on a vote of 10-0.
SECONDED:
VOTE
Cooke
Yes
Coram
Excused
Donovan
Yes
Fenberg
Yes
Fields
Yes
Garcia
Yes
Jones
Yes
Marble
Yes
Scott
Yes
Baumgardner
Yes
Sonnenberg
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS



01:43 PM -- SB 17-271



Testimony on Senate Bill 17-271 concerning investor-owned utility cost recovery transparency, occurred on April 6, 2017. Senator Cooke, prime sponsor, distributed Amendment L.006 (Attachment C) that strikes everything below the enacting clause. He also distributed Amendment L.007 (Attachment D) and Amendment L.008 (Attachment E) that amend Amendment L.006.


170420 AttachC.pdf170420 AttachC.pdf170420 AttachD.pdf170420 AttachD.pdf170420 AttachE.pdf170420 AttachE.pdf




































BILL: SB17-271
TIME: 01:44:52 PM
MOVED: Cooke
MOTION: Adopt amendment L.006. The motion passed without objection.
SECONDED:
VOTE
Cooke
Coram
Donovan
Fenberg
Fields
Garcia
Jones
Marble
Scott
Baumgardner
Sonnenberg
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL: SB17-271
TIME: 01:45:10 PM
MOVED: Cooke
MOTION: Adopt amendment L.007. The motion passed without objection.
SECONDED:
VOTE
Cooke
Coram
Donovan
Fenberg
Fields
Garcia
Jones
Marble
Scott
Baumgardner
Sonnenberg
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: SB17-271
TIME: 01:45:29 PM
MOVED: Cooke
MOTION: Adopt amendment L.008. The motion passed without objection.
SECONDED:
VOTE
Cooke
Coram
Donovan
Fenberg
Fields
Garcia
Jones
Marble
Scott
Baumgardner
Sonnenberg
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL: SB17-271
TIME: 01:47:18 PM
MOVED: Cooke
MOTION: Refer Senate Bill 17-271 to the Committee of the Whole, and with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 11-0.
SECONDED:
VOTE
Cooke
Yes
Coram
Yes
Donovan
Yes
Fenberg
Yes
Fields
Yes
Garcia
Yes
Jones
Yes
Marble
Yes
Scott
Yes
Baumgardner
Yes
Sonnenberg
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS







01:49 PM -- SB 17-282



Senator Sonnenberg, prime sponsor, described the provisions of Senate Bill 17-282 concerning dedicated reservoir release for environmental purposes and distributed Amendment L.001 (Attachment F) that strikes everything below the enacting clause and Amendment L.002 (Attachment G) that amends Amendment L.001. The bill creates a process by which a storage water right owner may obtain a water court decree authorizing releases to be delivered downstream for decreed beneficial uses by the Colorado Water Conservation Board (CWCB). The releases may be used in the intervening stream reach to preserve or improve the natural environment, if certain conditions are met.



170420 AttachF.pdf170420 AttachF.pdf170420 AttachG.pdf170420 AttachG.pdf



The following persons testified on the bill:



01:56 PM --
Eric Wilkinson, General Manager, Northern Colorado Water Conservancy District, spoke in support of the bill and discussed the proposed Northern Integrated Supply Project (NISP). He distributed a map of the qualifying stream reach under NISP (Attachment H) and a hydrograph of the Poudre River near downtown Fort Collins (Attachment I) and responded to question from the committee about the bill, mitigation of environmental impacts related to NISP, and the permit process for the project.



170420 AttachH.pdf170420 AttachH.pdf170420 AttachI.pdf170420 AttachI.pdf



02:12 PM --
Tom Norton, City of Greeley, spoke in opposition to the bill and discussed the potential impact of instream flow water rights on other types of water rights.



02:17 PM --
Harold Evans, City of Greeley, spoke in opposition to the bill and discussed water supply projects identified in the Colorado Water Plan. He also explained how the bill could impact the city's water rights.



02:20 PM --
Zach Miller, City of Greeley, spoke in opposition to the bill and explained how it could impact the city's water rights.



02:24 PM --
Bill Wombacher, East Cherry Creek Valley Water and Sanitation District, Arapahoe County Water Authority, spoke in opposition to the bill.



02:29 PM --
Sheela Stack, East Cherry Creek Valley Water and Sanitation District, Arapahoe County Water and Waste Water Authority, spoke in opposition to the bill.



02:31 PM --
John Kaufman, Centennial Water and Sanitation District, spoke in opposition to the bill and responded to questions from the committee about his concern with the bill.



02:35 PM --
Scott Edgar, Farmers Reservoir and Irrigation Company (FRICO), spoke in opposition to the bill and discussed FRICO water rights and water diversions.



02:39 PM --
Pat Ratliff, South Metro Water Supply Authority, spoke in opposition to the bill and responded to questions from the committee about her concern with the bill.









02:42 PM -- Rick McLoud, Centennial Water and Sanitation District, spoke in opposition to the bill and distributed a copy of the Fish, Wildlife, and Recreation Mitigation Plan for the Chatfield Reallocation Project (Attachment J). He also responded to questions from the committee about his concern with the bill and federal environmental regulations related to water projects.



170420 AttachJ.pdf170420 AttachJ.pdf



02:50 PM --
Matt Bliss, East Cherry Creek Valley Water and Sanitation District, Arapahoe County Water and Waste Water Authority, spoke in opposition to the bill.



02:54 PM --
Brett Gracely, Colorado Springs Utilities, spoke in opposition to the bill. He also responded to questions from the committee about his concern with the bill and explained how it would impact water users in Arapahoe County.



02:58 PM --
Ken Baker, Upper Arkansas Water Conservancy District, spoke in opposition to bill.



03:03 PM --
Bruce Whitehead, Southwestern Water Conservation District, identified concerns his board has with the bill. He also responded to questions from the committee about the cost to NISP participants if the bill is delayed.



03:08 PM --
Garin Vorthman, Colorado Farm Bureau, spoke in support of the bill as amended by Amendment L.001.



03:09 PM --
Rick Fendell, City of Fort Lupton, spoke in support of the bill and explained how NISP will benefit the city. He also responded to questions from the committee about other entities that bill benefit from NISP and the cost to these entities if the bill is delayed.



03:17 PM --
Chris Treese, Colorado River Water Conservation District, spoke in support of the bill.



03:17 PM --
Jen Boulton, Colorado Trout Unlimited, spoke in support of the bill as amended by Amendment L.001.



03:21 PM --
Peggy Montano, Northern Colorado Water Conservancy District, spoke in support of the bill as amended by Amendment L.001 and discussed NISP and the communities that would benefit from the project. She also responded to prior testimony in opposition to the bill and responded to questions from the committee about the bill and concerns expressed about the bill.



Legacy Water, Inc., distributed a fact sheet in opposition to the bill (Attachment K).



170420 AttachK.pdf170420 AttachK.pdf







03:30 PM



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

BILL: SB17-282
TIME: 03:32:21 PM
MOVED: Sonnenberg
MOTION: Refer Senate Bill 17-282, as amended, to the Committee of the Whole. The motion failed on a vote of 5-6.
SECONDED:
VOTE
Cooke
Yes
Coram
No
Donovan
No
Fenberg
No
Fields
No
Garcia
No
Jones
No
Marble
Yes
Scott
Yes
Baumgardner
Yes
Sonnenberg
Yes
Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL





03:33 PM



Ms Montano returned to the table to respond to questions from the committee about the Amendment L.002.

BILL: SB17-282
TIME: 03:33:03 PM
MOVED: Sonnenberg
MOTION: Adopt amendment L.002. The motion passed without objection.
SECONDED:
VOTE
Cooke
Coram
Donovan
Fenberg
Fields
Garcia
Jones
Marble
Scott
Baumgardner
Sonnenberg
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL: SB17-282
TIME: 03:32:35 PM
MOVED: Sonnenberg
MOTION: Adopt amendment L.001. The motion passed without objection.
SECONDED:
VOTE
Cooke
Coram
Donovan
Fenberg
Fields
Garcia
Jones
Marble
Scott
Baumgardner
Sonnenberg
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: SB17-282
TIME: 03:37:16 PM
MOVED: Cooke
MOTION: Postpone Senate Bill 17-282. The motion passed on a vote of 6-5.
SECONDED:
VOTE
Cooke
No
Coram
Yes
Donovan
Yes
Fenberg
Yes
Fields
Yes
Garcia
Yes
Jones
Yes
Marble
No
Scott
No
Baumgardner
No
Sonnenberg
No
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS



03:38 PM -- HB 17-1190





Senator Sonnenberg, prime sponsor, described the provisions of House Bill 17-1190 concerning limited applicability of St. Jude's Colorado water case and distributed Amendment L.009 (Attachment L). In 2015, the Colorado Supreme Court held in St. Jude's Co. v. Roaring Fork Club, LLC, that the diversion of water from a surface stream into a private ditch on private property for aesthetic, recreational, and piscatorial purposes is not a beneficial use of water under Colorado water law. This bill limits the application of this decision to direct flow appropriations without storage made after July 15, 2015.



170420 AttachL.pdf170420 AttachL.pdf



The following persons testified on the bill:



03:40 PM --
Joan Green, Water Rights Association of the South Platte, discussed her concerns with the bill, specifically the clarity of the language used in the bill.



03:44 PM --
Chris Treese, Colorado River Water Conservation District, spoke in support of the bill and provided a background on the St. Jude's case. He also responded to questions from the committee about Amendment L.009.



03:49 PM --
Michael Browning, Eagle Reservoir Company, spoke in support of the bill and Amendment L.009.



03:56 PM -- Robert Harris, Western Resource Advocates, spoke in support of the bill.









03:59 PM --
Chris Paulson, Creekside Coalition, spoke in support of the bill and distributed photographs of reservoirs that provide environmental benefits (Attachment M).



170420 AttachM.pdf170420 AttachM.pdf



04:03 PM --
Bruce Whitehead, Southwestern Water Conservation District, spoke in support of Subsection (a) of the bill.



04:04 PM --
Kristen Moseley, Eagle River Water and Sanitation District, spoke in support of Subsection (a) of the bill.



04:06 PM --
Pat Ratfliff, South Metro Water Supply Authority, spoke in support of Subsection (a) of the bill.



04:07 PM --
Doug Kemper, Colorado Water Congress, spoke in support of the bill.



04:09 PM --
Jen Boulton, Colorado Trout Unlimited, Colorado Audubon of the Rockies, spoke in support of the bill and in opposition to Amendment L.009.



04:11 PM



The chair closed the testimony phase, and Senator Sonnenberg made concluding comments regarding the bill and Amendment L.009.

BILL: HB17-1190
TIME: 04:12:49 PM
MOVED: Sonnenberg
MOTION: Adopt amendment L.009. The motion passed on a vote of 6-5.
SECONDED:
VOTE
Cooke
Yes
Coram
Yes
Donovan
No
Fenberg
No
Fields
No
Garcia
No
Jones
No
Marble
Yes
Scott
Yes
Baumgardner
Yes
Sonnenberg
Yes
YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL: HB17-1190
TIME: 04:16:09 PM
MOVED: Sonnenberg
MOTION: Refer House Bill 17-1190, as amended, to the Committee of the Whole. The motion passed on a vote of 7-4.
SECONDED:
VOTE
Cooke
Yes
Coram
Yes
Donovan
Yes
Fenberg
No
Fields
No
Garcia
No
Jones
No
Marble
Yes
Scott
Yes
Baumgardner
Yes
Sonnenberg
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS



04:17 PM -- HB 17-1227



Senators Priola and Fenberg presented House Bill 17-1227 concerning an extension of demand-side management goals for investor-owned utilities as set by the Public Utilities Commission (PUC). To promote demand-side management, the PUC was required in 2007 to establish goals for Colorado investor-owned electric utilities to achieve by 2018 a 5 percent reduction relative to 2006 levels in the utility's retail system peak demand, measured in megawatts; and retail energy sales, measured in megawatt-hours. The bill extends these demand-side management programs to 2028. The bill also requires the PUC to set new goals for demand-side management programs implemented between 2019 and 2028 of a 5 percent reduction in peak demand and energy sales relative to 2018 levels. The PUC has the discretion to establish interim goals or revise goals. Senator Priola distributed a press release regarding federal energy efficiency legislation (Attachment N).



170420 AttachN.pdf170420 AttachN.pdf



04:20 PM --
Amy Cooke, Independence Institute, testified in opposition to the bill.



04:24 PM --
Bruce Ray, Johns Manville, testified in support of the bill and discussed energy efficiency. Mr. Ray distributed a letter in support of the bill from several corporations (Attachment O).



170420 AttachO.pdf170420 AttachO.pdf













04:27 PM --
Howard Geller, Southwest Energy Efficiency Project (SWEEP), testified in support of the bill and distributed an article regarding the bill (Attachment P).



170420 AttachP.pdf170420 AttachP.pdf



04:32 PM --
Patricia Rothwell, Energy Efficiency Business Coalition, testified in support of the bill. Ms. Rothwell responded to questions from the committee



04:37 PM



Senator Priola responded to questions from the committee regarding the bill. Senator Fenberg also responded to questions from the committee and committee discussion ensued.



04:43 PM --
Scott Koehler, Schnieder Electric, testified in support of the bill.



04:48 PM



The bill was laid over and tentatively scheduled for action only on Wednesday, April 26.



04:49 PM -- HB 17-1257



Senator Tate, prime sponsor, discussed the provisions of House Bill 17-1257, concerning the scheduled repeal of reports by the Department of Natural Resources (DNR) to the General Assembly. Under current law, whenever Executive Branch agencies or the Judicial Branch are required to make a report on a periodic basis to the General Assembly, the reporting requirement expires three years after the first report was due, unless the General Assembly continues the requirement. The bill, recommended by the Statutory Revision Committee, continues indefinitely those reporting requirements.



There was no testimony.



04:51 PM



The bill was laid over and tentatively scheduled for action only on Wednesday, April 26.



.04:53 PM



The committee recessed.



05:15 PM -- SJR 17-033



The committee returned from recess. Senator Kerr, prime sponsor, discussed the provisions of Senate Joint Resolution 17-033 concerning Earth Day.



There was no testimony on the resolution.



05:19 PM



The chair laid over the resolution and tentatively scheduled if for action only on Wednesday, April 26.





05:22 PM -- SJM 17-005



Senator Jones, prime sponsor, discussed the provisions of Senate Joint Memorial 17-005 concerning energy subsidies.



There was no testimony on the memorial.



05:26 PM



The chair closed testimony, and Senator Jones closed his remarks on the memorial. The memorial was laid over and tentatively scheduled for action only on Wednesday, April 26.



05:26 PM -- SJR 17-034



Senator Aguilar, prime sponsor, discussed the provisions of Senate Joint Resolution 17-034 concerning support for the Affordable Care Act (ACA) and responded to questions from the committee about alternatives to make healthcare more affordable in rural Colorado.



The following person testified on the resolution:



05:33 PM -- Claire Mearns, representing herself, spoke in support of the resolution and discussed the benefits of the ACA. She also responded to questions from the committee about the impact of persons facing the loss of their healthcare.



Emily Michaels, Colorado Consumer Health Initiative, submitted a letter of support for the resolution (Attachment Q) and a packet of testimonials that discuss the benefits of the ACA to specific individuals (Attachment R).



170420 AttachQ.pdf170420 AttachQ.pdf170420 AttachR.pdf170420 AttachR.pdf



05:45 PM



The chair closed testimony, and Senator Aguilar closed her remarks on the resolution. The resolution was laid over, without amendment, and tentatively scheduled for action only on April 26.



05:45 PM



The committee adjourned.