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S_AGR_2018A 01/18/2018 01:32:08 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON AGRICULTURE, NATURAL RESOURCES, & ENERGY
Date 01/18/2018
Attendance
Cooke X
Coram X
Donovan X
Fenberg X
Fields X
Garcia X
Jones X
Marble X
Scott X
Baumgardner X
Sonnenberg X
Time 01:32:08 PM to 02:39:13 PM
Place SCR 357
This Meeting was called to order by Sonnenberg
This Report was prepared by David Beaujon
Hearing Items Action Taken
SB18-033 Referred to Senate Finance
SB18-039 Referred to Senate Appropriations
SB18-003 Amended, referred to Senate Appropriations
SB18-019 Referred to the Committee of the Whole
SB18-038 Amended, referred to Senate Appropriations
SB18-041 Amended, referred to the Committee of the Whole - Consent Calendar

SB18-039 - Referred to Senate Appropriations


01:39:45 PM  
Senator Jones and Senator Cooke, co-prime
sponsors, discussed the provisions of Senate Bill 18-039 concerning the
interim Wildfire Matters Review Committee.  This bill, recommended
by the the interim Wildfire Matters Review Committee, continues the Wildfire
Matters Review Committee until September 1, 2025.
 
01:42:46 PM  
Melissa Lineberger, Chief of Staff, Division of Fire Prevention
and Control, spoke in support of the bill and discussed the threat of wildland
fires to Colorado homes and watersheds
.


01:44:46 PM
Motion Refer Senate Bill 18-039 to the Committee on Appropriations.
Moved Jones
Seconded
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



SB18-033 - Referred to Senate Finance


01:33:00 PM  
Senator Sonnenberg, prime sponsor, discussed
the provisions of Senate Bill 18-033 concerning animal feeding operation
permits.  This bill, as introduced, extends temporary higher fees
for concentrated animal feeding operations (CAFOs) and housed commercial
swine feeding operations (HCSFOs) collected by the Colorado Department
of Public Health and Environment (CDPHE), Water Quality Division from June
30, 2018, to June 30, 2025.  Funds are used for permitting and oversight
of these operations.  
01:34:58 PM  
Norm Dinis, Colorado Livestock Stock Association,
Colorado Dairy, testified in support of the bill.
01:35:59 PM  
Justin Miller, JBS Five Rivers Cattle Feeding,
spoke in support of the bill.
01:36:20 PM  
Sean Scott, Deputy Division Director, Division
of Environmental Health and Sustainability in the Colorado Department of
Public Health and the Environment, spoke in support of the bill.

01:36:21 PM  
The chair closed testimony on the bill
and Senator Sonnenberg closed his remarks.


01:39:19 PM
Motion Refer Senate Bill 18-033 to the Committee on Finance.
Moved Sonnenberg
Seconded
Cooke Yes
Coram Yes
Donovan Yes
Fenberg Yes
Fields Yes
Garcia Yes
Jones Yes
Marble Excused
Scott Yes
Baumgardner Yes
Sonnenberg Yes
Final YES: 10   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



SB18-003 - Amended, referred to Senate Appropriations


01:44:54 PM  

Senator Scott, prime sponsor, discussed the provisions of Senate Bill 18-003 concerning the funding and mission of the Colorado Energy Office (CEO). It transfers money from the General Fund to two cash funds that support the CEO from FY 2018-19 to FY 2021-22. He also distributed Amendment L.002 [Attachment A].

 

 

01:49:11 PM  

Kathleen Staks, Executive Director of the Colorado Energy Office, in support.of the bill and responded to questions from the committee.

01:54:30 PM  
Amelia Myers, Conservation Colorado, explained her organization is nuetral on the bill with Amendment L.003.
01:57:31 PM  

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



01:57:35 PM
Motion Adopt amendment L.002
Moved Scott
Seconded
Cooke
Coram
Donovan
Fenberg
Fields
Garcia
Jones
Marble
Scott
Baumgardner
Sonnenberg
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


01:58:14 PM
Motion Adopt amendment L.003
Moved Fenberg
Seconded
Cooke
Coram
Donovan
Fenberg
Fields
Garcia
Jones
Marble
Scott
Baumgardner
Sonnenberg
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


02:00:58 PM
Motion Refer Senate Bill 18-003, as amended, to the Committee on Appropriations.
Moved Scott
Seconded
Cooke Yes
Coram Yes
Donovan Yes
Fenberg Yes
Fields No
Garcia Yes
Jones No
Marble Yes
Scott Yes
Baumgardner Yes
Sonnenberg Yes
Final YES: 9   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB18-019 - Referred to the Committee of the Whole


02:03:00 PM  
Senator Donovan and Senator Coram, co-prime
sponsors, discussed the provisions of Senate Bill 18-019 concerning the
loans from the Colorado Water Resources and Power Development Authority
(CWRPDA).  Under current law, loans made by the CWRPDA are limited
to terms not to exceed 20 years after the completion of the water project.
  This bill, recommended by the interim Water Resources Review Committee,
removes the 20-year limitation on loans made by the CWRPDA from the Water
Pollution Control Revolving Fund in compliance with the federal Clean Water
Act, and the Drinking Water Revolving Fund in compliance with the federal
Safe Drinking Water Act.  Both federal acts allow for loan terms up
to the lesser of 30 years or the projected useful life of the project.
 
02:03:08 PM  
Michael Brod, Executive Director of the Colorado Water Resources
and Power Development Authorityspoke in support of the bill and distributed
a fact sheet on the bill [Attachment C].
02:04:36 PM  

Michael Nicoletti, Legislative Liaison for the Colorado Department of Public Health and Environment, spoke in favor of the bill.

02:05:00 PM  

Morgan Cullen, Colorado Municipal League, spoke in favor of the bill..

02:05:01 PM  

The chair closed testimony and Senator Donovan and Senator Coram closed their remarks.



02:07:44 PM
Motion Refer Senate Bill 18-019 to the Committee of the Whole.
Moved Coram
Seconded
Cooke Yes
Coram Yes
Donovan Yes
Fenberg Yes
Fields Yes
Garcia Yes
Jones No
Marble Yes
Scott Yes
Baumgardner Yes
Sonnenberg Yes
Final YES: 10   NO: 1   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB18-038 - Amended, referred to Senate Appropriations


02:08:02 PM  

Senator Donovan and Senator Coram, co-prime sponsors, discussed the provisions of Senate Bill 18-038 concerning reclaimed water used on industrial hemp.  They also distributed Amendment L.001 [Attachment D]  and Amendment L.003 [Attachment E].  This bill, recommended by the interim Water Resources Review Committee, 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 industrial hemp.  In addition, the bill defines three categories of water quality standards.  The WQCC is required to promulgate new rules related to reclaimed wastewater no later than December 31, 2019.  The WQCC is also authorized to create new categories of water quality standards; recategorize any of the allowable uses to a less stringent category; and authorize additional uses.  Variances may be granted from the standards if the proposed usage will sufficiently protect public health and the environment.

02:08:43 PM  
John Gray, representing himself, spoke in opposition to the bill.
02:13:42 PM  
Michael Nicoletti, Legislative LIaison
for the Colorado Department of Public Health and Environment, explained
the department is nuetral on bill and discussed potential public health
impacts of related to the use of reclaimed water.
02:17:23 PM  
Brandi Honeycutt, Environmental Protection
Specialist for the Colorado Department of Public Health and Environment,
responded to questions from the committee about the regulation of reclaimed
water.
02:18:10 PM  
Dianna Orf, Colorado Water Congress, spoke
in support of the bill and Amendment L.001.
02:18:58 PM  
Senator Coram discussed the provisions
of Amendment L.001 and Amendment L.003.  Mr. Nicoletti responded to
questions from the committee about Amendment L.003.

02:22:43 PM  
Joan Green Turner, Water Rights Association, spoke in support of Amendment L.001.
02:23:16 PM  
Ashley Webber, Colorado Chapter of the
National Organization for the Reform of Marijuana Laws (NORML) explained
her organization is neutral on the bill and she commented on Amendment
L.003.  
02:25:06 PM  
Tim Gordon, Colorado Hemp Industry Association, spoke in support of the bill and Amendment L.003.
02:26:19 PM  
Jessica LeRoux, representing herself, spoke
in support of the bill.
02:28:32 PM  
The Chair closed testimony on the bill
and Senator Donovan and Senator Coram closed their remarks.



02:29:32 PM
Motion Adopt amendment L.001
Moved Coram
Seconded
Cooke
Coram
Donovan
Fenberg
Fields
Garcia
Jones
Marble
Scott
Baumgardner
Sonnenberg
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
02:30:27 PM  
Senator Sonnenberg announced that Amendment
L.003 would be severed into two section:  Severed Section 1 (page
1, lines 1 through 4) and Severed Section 2 (page 1, lines 5 through 8).
 Severed Section 1 was not moved.  Severed Section 2 was adopted
without amendment.


02:30:30 PM
Motion Adopt amendment L.003, severed section 2, consisting of page 2 lines 5 through 8.
Moved Coram
Seconded
Cooke
Coram
Donovan
Fenberg
Fields
Garcia
Jones
Marble
Scott
Baumgardner
Sonnenberg
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


02:31:41 PM
Motion Refer Senate Bill 18-038, as amended, to the Committee on Appropriations.
Moved Coram
Seconded
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



SB18-041 - Amended, referred to the Committee of the Whole - Consent Calendar


02:32:36 PM  



Senator Baumgardner and Senator Coram, co-prime sponsors, discussed the provisions of Senate Bill 18-041 concerning incidential water use by sand and gravel mines.  They also distributed Amendment L001 [Attachment E].  Under current law, operators of sand and gravel open mines that expose groundwater to the atmosphere are required to obtain a well permit, and either: a replacement plan approved by the Colorado Ground Water Commission in the Department of Natural Resources (DNR); a plan for augmentation approved by the water court; or a substitute water supply plan approved by the State Engineer in the DNR for tributary groundwater.  This bill, recommended by the interim Water Resources Review Committee, allows the designated groundwater replacement plan, or the substitute water supply plan and the well permit, to authorize uses of water incidental to open mining for sand and gravel, including the mitigation of impacts from mining and dewatering, among other uses.

02:34:17 PM  
Tracy Kosloff, Division of Water Resources,
spoke in favor of the bill.
02:34:45 PM  

Tracy Kosloff, Division of Water Resources, spoke in support of the bill.

02:35:38 PM  
The Chair closed testimony on the bill
and Senator Baumgardner and Senator Coram closed their remarks.



02:36:49 PM
Motion Adopt amendment L.001
Moved Coram
Seconded
Cooke
Coram
Donovan
Fenberg
Fields
Garcia
Jones
Marble
Scott
Baumgardner
Sonnenberg
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


02:38:05 PM
Motion Refer Senate Bill 18-041, as amended, to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.
Moved Coram
Seconded
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


02:39:13 PM   Committee Adjourned






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