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S_AGR_2017A 05/03/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON AGRICULTURE, NATURAL RESOURCES, & ENERGY

Date: 05/03/2017
ATTENDANCE
Time: 10:42 AM to 12:53 PM
Cooke
*
Coram
*
Place: SCR 357
Donovan
X
Fenberg
*
This Meeting was called to order by
Fields
X
Senator Sonnenberg
Garcia
X
Holbert
X
This Report was prepared by
Jones
X
Meghan O'Connor
Scott
X
Baumgardner
X
Sonnenberg
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB17-301

SCR17-002

HB17-1289

Conf 17-Ground Water Commission
Amended, Referred to Senate Finance

Postponed Indefinitely

Amended, Referred to the Committee of the Whole - Consent Calendar

Favorably Refer to Full Senate - Consent





10:43 AM -- SB 17-301



Senator Scott, sponsor, presented Senate Bill 17-301, concerning changes to energy statutes. The bill annually transfers $3.1 million to the Colorado Energy Office (CEO) in the Office of the Governor from the General Fund for four years from FY 2017-18 through FY 2020-21. It increases annual registration fees for plug-in electric vehicles by $35 per vehicle, to be deposited into the Highway Users Tax Fund (HUTF). It requires the Colorado Public Utilities Commission (PUC) to adopt rules related to investor-owned utility interests in Colorado-based natural gas reserves. It requires the CEO and the Department of Natural Resources (DNR) to form a stakeholder group to address funding shortfalls related to abandoned oil and gas wells. It also repeals several defunct energy-related statutes in the CEO. Finally, the bill makes changes to the Property Assessed Clean Energy program. Senator Scott distributed Amendment L.001 (Attachment A), Amendment L.003 (Attachment B), and Amendment L.004 (Attachment C). Senator Scott discussed Amendment L.001 and the fiscal note. Senator Scott responded to questions from the committee regarding Amendment L.004.



170503 AttachA.pdf170503 AttachA.pdf170503 AttachB.pdf170503 AttachB.pdf170503 AttachC.pdf170503 AttachC.pdf



The following persons testified remotely on the bill:



11:00 AM --
Christian Reece, CLUB 20, testified in support of the bill and discussed the possible benefits of the bill for rural communities and rate payers.



11:03 AM --
Diane Schwenke, Grand Junction Area of Commerce, testified in support of the bill.



11:05 AM



Esther Van Mourick, Office of Legislative Legal Services, responded to questions from the committee regarding Amendment L.001 and the ability of investor-owned utility providers to acquire oil and gas reserves. Ms. Van Mourick discussed the changes made to the bill by Amendments L.001, L.003, and L.004.



11:16 AM



Remote testimony continued.



11:17 AM --
John Justman, Mesa County Commissioner, testified in support of the bill.



11:20 AM --
Michael Day, representing himself, testified in support of the bill.



11:24 AM --
Quintin Shear, West Slope Colorado Oil and Gas Association, testified in support of the bill.



11:27 AM --
Rose Pugliese, Mesa County Commissioner, testified in support of the bill and discussed the impacts of the oil and gas industry on the economy in Mesa County.



The following persons testified at the committee hearing:



11:31 AM --
Laurent Meillon, Colorado Renewable Energy Society, testified in opposition to the bill, specifically Section 2 of the bill.



11:33 AM --
Theresa Conley, Conservation Colorado, testified in opposition to the bill and discussed the Colorado Agriculture Energy Efficiency Program and other energy efficiency programs and programs that benefit low-income rate payers in the state. Ms. Conley responded to questions from the committee regarding Section 2 of the bill, and how the provisions of that section would impact the oil and gas industry.



11:38 AM --
Kathleen Staks, Colorado Energy Office, testified in support of the bill and discussed the benefits of the bill to the CEO. She discussed funding for the CEO and programs that the CEO has launched. Ms. Staks responded to questions from the committee regarding the repeal of certain programs within the CEO.



11:45 AM --
Tracee Bentley, Colorado Petroleum Council, testified in support of the bill.



11:47 AM --
Steve Bahar, Colorado Cleantech Industry Association, testified in support of the bill and discussed renewable energy advancements in Colorado.



11:49 AM --
Mike Salisbury, Southwest Energy Efficiency Project, testified in support of the bill and discussed electric vehicle charging stations.



11:53 AM --
John Harpool, West Slope Oil and Gas Association, testified in support of the bill. Mr. Harpool responded to questions from the committee regarding the bill



11:56 AM --
Grier Bailey, Colorado Wyoming Petroleum Makers Association, testified in support of the bill.



Letters in support of the bill were submitted to the committee from the Mesa County Board of Commissioners (Attachment D) and the Associated Governments of Northwest Colorado (Attachment E).



170503 AttachD.pdf170503 AttachD.pdf170503 AttachE.pdf170503 AttachE.pdf



12:01 PM



Mr. Bahar explained Amendment L.013 (Attachment F), which was distributed by Senator Scott.



170503 AttachF.pdf170503 AttachF.pdf

BILL: SB17-301
TIME: 12:04:30 PM
MOVED: Scott
MOTION: Adopt amendment L.001. The motion passed without objection.
SECONDED:
VOTE
Cooke
Coram
Donovan
Fenberg
Fields
Garcia
Holbert
Jones
Scott
Baumgardner
Sonnenberg
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: SB17-301
TIME: 12:04:52 PM
MOVED: Scott
MOTION: Adopt amendment L.003. The motion passed without objection.
SECONDED:
VOTE
Cooke
Coram
Donovan
Fenberg
Fields
Garcia
Holbert
Jones
Scott
Baumgardner
Sonnenberg
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: SB17-301
TIME: 12:05:11 PM
MOVED: Scott
MOTION: Adopt amendment L.004. The motion passed without objection.
SECONDED:
VOTE
Cooke
Coram
Donovan
Fenberg
Fields
Garcia
Holbert
Jones
Scott
Baumgardner
Sonnenberg
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: SB17-301
TIME: 12:05:33 PM
MOVED: Scott
MOTION: Adopt amendment L.013. The motion passed without objection.
SECONDED:
VOTE
Cooke
Coram
Donovan
Fenberg
Fields
Garcia
Holbert
Jones
Scott
Baumgardner
Sonnenberg
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





12:06 PM



Senator Cooke distributed and moved Amendment L.005 (Attachment G).



170503 AttachG.pdf170503 AttachG.pdf

BILL: SB17-301
TIME: 12:06:47 PM
MOVED: Cooke
MOTION: Adopt amendment L.005. The motion passed without objection.
SECONDED:
VOTE
Cooke
Coram
Donovan
Fenberg
Fields
Garcia
Holbert
Jones
Scott
Baumgardner
Sonnenberg
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





12:07 PM



Senator Garcia distributed and moved Amendment L.011 (Attachment H).



170503 AttachH.pdf170503 AttachH.pdf



12:09 PM



The committee recessed.



12:09 PM



The committee came back to order. Committee discussion ensued regarding Amendment L.011.


BILL: SB17-301
TIME: 12:12:08 PM
MOVED: Garcia
MOTION: Adopt amendment L.011. The motion failed on a vote of 5-6.
SECONDED:
VOTE
Cooke
No
Coram
No
Donovan
Yes
Fenberg
Yes
Fields
Yes
Garcia
Yes
Holbert
No
Jones
Yes
Scott
No
Baumgardner
No
Sonnenberg
No
YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL





12:12 PM



Senator Fenberg moved and distributed Amendment L.008 (Attachment I) and Amendment L.010 (Attachment J). Committee discussion ensued regarding Amendment L.008.



170503 AttachI.pdf170503 AttachI.pdf170503 AttachJ.pdf170503 AttachJ.pdf


BILL: SB17-301
TIME: 12:16:15 PM
MOVED: Fenberg
MOTION: Adopt amendment L.008. The motion passed on a vote of 6-5.
SECONDED:
VOTE
Cooke
Yes
Coram
No
Donovan
Yes
Fenberg
Yes
Fields
Yes
Garcia
Yes
Holbert
No
Jones
Yes
Scott
No
Baumgardner
No
Sonnenberg
No
YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS





12:18 PM



Senator Fenberg explained Amendment L.010, and committee discussion ensued.


BILL: SB17-301
TIME: 12:18:51 PM
MOVED: Fenberg
MOTION: Adopt amendment L.010. The motion failed on a vote of 5-6.
SECONDED:
VOTE
Cooke
No
Coram
No
Donovan
Yes
Fenberg
Yes
Fields
Yes
Garcia
Yes
Holbert
No
Jones
Yes
Scott
No
Baumgardner
No
Sonnenberg
No
YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL





12:20 PM



Senator Fields distributed and moved Amendment L.014 (Attachment K), and committee discussion ensued.



170503 AttachK.pdf170503 AttachK.pdf

BILL: SB17-301
TIME: 12:23:54 PM
MOVED: Fields
MOTION: Adopt amendment L.014. The motion failed on a vote of 5-6.
SECONDED:
VOTE
Cooke
No
Coram
No
Donovan
Yes
Fenberg
Yes
Fields
Yes
Garcia
Yes
Holbert
No
Jones
Yes
Scott
No
Baumgardner
No
Sonnenberg
No
YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL





12:24 PM



Senator Scott made concluding comments on the bill, and committee discussion ensued.


BILL: SB17-301
TIME: 12:34:00 PM
MOVED: Scott
MOTION: Refer Senate Bill 17-301, as amended, to the Committee on Finance. The motion passed on a vote of 6-5.
SECONDED:
VOTE
Cooke
Yes
Coram
Yes
Donovan
No
Fenberg
No
Fields
No
Garcia
No
Holbert
Yes
Jones
No
Scott
Yes
Baumgardner
Yes
Sonnenberg
Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS







12:35 PM -- SCR 17-002



Testimony on SCR17-002 concerning the real estate transfer tax for affordable housing, occurred on April 27, 2017. Senator Kefalas, prime sponsor, closed his remarks on the resolution. Senator Jones moved Amendment L.001 (Attachment L), which was distributed prior to the April 27, 2017, meeting.



170503 AttachL.pdf170503 AttachL.pdf

BILL: SCR17-002
TIME: 12:44:36 PM
MOVED: Jones
MOTION: Adopt amendment L.001. The motion passed without objection.
SECONDED:
VOTE
Cooke
Coram
Donovan
Fenberg
Fields
Garcia
Holbert
Jones
Scott
Baumgardner
Sonnenberg
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: SCR17-002
TIME: 12:44:57 PM
MOVED: Jones
MOTION: Refer SCR17-002, as amended, to the Committee of the Whole. The motion failed on a vote of 5-6.
SECONDED:
VOTE
Cooke
No
Coram
No
Donovan
Yes
Fenberg
Yes
Fields
Yes
Garcia
Yes
Holbert
No
Jones
Yes
Scott
No
Baumgardner
No
Sonnenberg
No
YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL: SCR17-002
TIME: 12:45:59 PM
MOVED: Baumgardner
MOTION: Postpone SCR17-002 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. The motion passed without objection.
SECONDED:
VOTE
Cooke
Coram
Donovan
Fenberg
Fields
Garcia
Holbert
Jones
Scott
Baumgardner
Sonnenberg
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:







12:46 PM -- HB 17-1289



Testimony on House Bill 17-1289 concerning State Engineer rules for historical consumptive use occurred on April 27, 2017. Senator Coram and Senator Crowder, co-prime sponsors, distributed Amendment L.003 (Attachment M).



170503 AttachM.pdf170503 AttachM.pdf


BILL: HB17-1289
TIME: 12:47:58 PM
MOVED: Coram
MOTION: Adopt amendment L.003. The motion passed without objection.
SECONDED:
VOTE
Cooke
Coram
Donovan
Fenberg
Fields
Garcia
Holbert
Jones
Scott
Baumgardner
Sonnenberg
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: HB17-1289
TIME: 12:48:17 PM
MOVED: Coram
MOTION: Refer House Bill 17-1289, as amended, to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 11-0. Consent Calendar.
SECONDED:
VOTE
Cooke
Yes
Coram
Yes
Donovan
Yes
Fenberg
Yes
Fields
Yes
Garcia
Yes
Holbert
Yes
Jones
Yes
Scott
Yes
Baumgardner
Yes
Sonnenberg
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS







12:49 PM -- Confirmation of Ground Water Commission



Steven Dale Kramer of Bethune, reappointed for a term expiring May 1, 2020 -- and to serve as a resident agriculturist from the Northern High Plains Basin -- discussed his experience and interest in serving another term on the Ground Water Commission (Attachment N).



170503 AttachN.pdf170503 AttachN.pdf



12:49 PM



Marc C. Arnusch of Keenesburg, reappointed for a term expiring May 1, 2021 -- and to serve as a resident agriculturist from the Lost Creek Basin -- discussed his experience and interest in serving another term on the Ground Water Commission (Attachment N).



12:50 PM



Gregory Larson of Haxtun, reappointed for a term expiring May 1, 2021 -- and to serve as a resident agriculturist from the Northern High Plains Basin -- discussed his experience and interest in serving another term on the Ground Water Commission (Attachment N).



12:50 PM



Scott W. Tietmeyer of Grover, reappointed for a term expiring May 1, 2021 -- and to serve as a resident agriculturist from the Upper Big Sandy Basin -- discussed his experience and interest in serving another term on the Ground Water Commission (Attachment N).


BILL: Conf 17-Ground Water Commission
TIME: 12:51:31 PM
MOVED: Baumgardner
MOTION: Refer the appointment of Steven Dale Kramer, Marc Christopher Arnusch, Gregory Larson, and Scott W. Tietmeyer to the Ground Water Commission 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
Holbert
Yes
Jones
Yes
Scott
Yes
Baumgardner
Yes
Sonnenberg
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





12:53 PM



The committee adjourned.