S_AGR_2018A 04/19/2018 01:31:52 PM Committee Summary PUBLICSTAFF SUMMARY OF MEETINGSENATE COMMITTEE ON AGRICULTURE, NATURAL RESOURCES, & ENERGY Date 04/19/2018 Attendance Cooke X Coram * Donovan X Fenberg X Fields X Garcia X Jones X Marble * Scott X Baumgardner X Sonnenberg X Time 01:31:52 PM to 03:10:05 PM Place SCR 357 This Meeting was called to order by Sonnenberg This Report was prepared by David Beaujon Hearing Items Action Taken hConf 18-Wildlife Habitat Stamp Committee Favorably Refer to Full Senate - Consent Calendar hConf 18-Coal Mine Board Of Examiners Favorably Refer to Full Senate - Consent Calendar hConf 18-Tourism Office Board Of Directors — Colorado Favorably Refer to Full Senate - Consent Calendar hSB18-227 Postponed Indefinitely hHB18-1295 Referred to the Committee of the Whole - Consent Calendar hHB18-1157 Postponed Indefinitely Conf 18-Wildlife Habitat Stamp Committee - Favorably Refer to Full Senate - Consent Calendar Attachment Tag File Name Attachment A http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/6357766F6B23...$File/18SenateAg0419AttachA.pdf?OpenElement 18SenateAg0419AttachA.pdf 01:32:40 PM Dan Pinzlow, Chair of the Wildlife Habitat Stamp Committee and Manager of the Division of Parks and Wildlife Southeast Region, introduced the Governor's appointment to the Wildlife Habitat Stamp Committee [Attachment A]. 01:33:01 PM Patricia Dorsey of Bayfield, reappointed for a term expiring December 31, 2021, and as a representative of the Division of Parks and Wildlife who is also a wildlife biologist, discussed her experience and interest in serving another term on the Wildlife Habitat Stamp Committee. 01:35:17 PM Motion Refer the appointment of Patricia Dorsey to the Conf 18-Wildlife Habitat Stamp Committee to the full Senate with a favorable recommendation and with a recommendation that it be placed on the consent calendar. Moved Baumgardner Seconded Cooke Yes Coram Excused Donovan Yes Fenberg Yes Fields Yes Garcia Yes Jones Yes Marble Yes Scott Yes Baumgardner Yes Sonnenberg Yes Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS Conf 18-Coal Mine Board Of Examiners - Favorably Refer to Full Senate - Consent Calendar Attachment Tag File Name Attachment B http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/46557D3AE371...$File/18SenateAg0419AttachB.pdf?OpenElement 18SenateAg0419AttachB.pdf 01:35:31 PM Bill Yorkfern, Division of Reclamation Mining and Safety, introduced the Governor's appointments to the Coal Mine Board of Examiners [Attachment B]. He also responded to questions from the committee concerning the length of Mr. Fedinec term and term limits on members of boards and commission that were set by the Governor. 01:39:29 PM Geral Justin Fedinec of Craig, reappointed for a term expiring July 1, 2018, to serve a coal mine owner, operator, manager, or other mine official actively engaged in surface mining, discussed his experience and interest in serving another term on the board. 01:42:15 PM Michael Gregg McFarland of Dolores, reappointed for a term expiring July 1, 2021, and to serve as a coal mine owner, operator, manager, or other mine official actively engaged in underground mining, discussed his experience and interest in serving another term on the board. 01:45:40 PM Motion Refer the appointment of Geral Fedinec, Michael McFarland to the Conf 18-Coal Mine Board Of Examiners to the full Senate with a favorable recommendation and with a recommendation that it be placed on the consent calendar. Moved Baumgardner 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 Conf 18-Tourism Office Board Of Directors — Colorado - Favorably Refer to Full Senate - Consent Calendar Attachment Tag File Name Attachment C http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/DBFC1BCE4636...$File/18SenateAg0419AttachC.pdf?OpenElement 18SenateAg0419AttachC.pdf 01:45:52 PM Amber King, Colorado Tourism Office, introduced the Governor's appointment to the Colorado Tourism Office Board of Directors [Attachment C]. 01:47:04 PM Douglas P. Price of Colorado Springs, appointed for a term expiring June 1, 2018, and to serve as a representative of thedestination marketing industry, discussed his experience and interest in serving on the board. 01:47:19 PM Peter Jon Piccolo of Denver, appointed for a term expiring June 1, 2020, and to serve as a representative of tourism-related retail industry, small community, and small business, discussed his experience and interest in serving on the board. 01:47:20 PM Courtney Lee Frazier of Parker, reapointed for a term expiring June 1, 2021, and to serve as an at large member from tourismbased industries, and from a small community, discussed her experience and interest in serving another term on the board. 01:51:47 PM Motion Refer the appointment of Doug Price, Peter Piccolo, Courtney Frazier to the Conf 18-Tourism Office Board Of Directors — Colorado to the full Senate with a favorable recommendation and with a recommendation that it be placed on the consent calendar. Moved Baumgardner Seconded Cooke Yes Coram Excused Donovan Yes Fenberg Yes Fields Yes Garcia Yes Jones Yes Marble Yes Scott Yes Baumgardner Yes Sonnenberg Yes Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS HB18-1157 - Committee Discussion Only Attachment Tag File Name Attachment G http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/1F0885542A08...$File/18SenateAg0419AttachG.pdf?OpenElement 18SenateAg0419AttachG.pdf Attachment F http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/3422184F037F...$File/18SenateAg0419AttachF.pdf?OpenElement 18SenateAg0419AttachF.pdf Attachment E http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/34503B87594B...$File/18SenateAg0419AttachE.pdf?OpenElement 18SenateAg0419AttachE.pdf Attachment H http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/88DF282270E9...$File/18SenateAg0419AttachH.pdf?OpenElement 18SenateAg0419AttachH.pdf Attachment D http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/FC65C0EC259A...$File/18SenateAg0419AttachD.pdf?OpenElement 18SenateAg0419AttachD.pdf 01:53:14 PM The committee returned from recess. Senator Fenberg, prime sponsor, discussed the provisions of House Bill 18-1157 concerning reporting requirements for oil and gas incidents. He also distributed oil and gas accident reports from the Colorado Oil and Gas Conservation Commission [Attachments D and E]. The bill increases the information that oil and gas operators are required to report for all minor and major reportable events. Such events include the unauthorized release of oil, produced water, oilfield chemicals, or exploration or production waste, the flaring or venting of gases or other uncontrolled releases, and worker injury or death. Regardless of the location of the event, oil and gas operators are required to report each major and minor occurrence. The bill specifies the types of incidents that constitute both a major and minor reportable event. For each event, the notification must include an immediate oral report submitted to the Colorado Oil and Gas Conservation Commission (COGCC), and a complete written report submitted within five days to the commission's website, and using the commission's reportable event form. The bill specifies the detailed data that operators must report for each event. The COGCC is required to make all notifications and reports publicly available on its website in a database that is searchable by operator, location, type of event, date, and other criteria established by rule. The website must also include a summary report of major and minor reportable events. 01:57:01 PM Connie Beach, representing herself, spoke in support of the bill. 02:00:58 PM Joan Stearns, representing herself, spoke in support of the bill. 02:03:48 PM Jean Lim, representing herself, spoke in support of the bill and distributed a handout that shows the number of homes near proposed oil and gas well pads in Broomfield [Attachment F]. She also responded to questions from the committee about recent oil and gas spills and accidents in Colorado. 02:12:47 PM Jim Martin, Colorado Petroleum Council, spoke in opposition to the bill and discussed the current COGCC regulations concerning reporting of oil and gas spills and accidents. He also responded to questons from the committee about potential amendments to the bill and the reason for the Colorado Petroleum Council's opposition to the bill. 02:16:46 PM Laura Sellers, representing herself, spoke in support of the bill. 02:18:26 PM Lizzie Lario, representing herself, spoke in support of the bill and discussed recent oil and gas spills and accidents. 02:21:49 PM John Dulles, representing himself, spoke in support of the bill and expressed concern about proposed oil and gas wells in or near his community. 02:28:43 PM Morgan Cullen, Colorado Municipal League, spoke in support of the bill. He also responded to questions from the committee about the local emergency responses to oil and gas spills. 02:30:09 PM Sophia Guerrero Murphy, Conservation Colorado, spoke in support of the bill and expressed concern about oil and gas development in or near residential communities in Colorado. 02:32:59 PM Doug Vilsak, Legislative Liaison for the Colorado Department of Natural Resources, spoke in support of the bill. 02:37:23 PM Scott Prestidge, Colorado Oil and Gas Association, spoke in opposition to the bill and distributed a copy of his testimony [Attachment G] and table that compares the COGCC's current report requirements and the requirements in House Bill 18-1157 [Attachment H]. He also responded to questions from the committee about potential amendments to the bill and accident information reported by oil and gas operators. 02:40:43 PM Sara Loflin, Director, League of Oil and Gas Impacted Coloradans (LOGIC), spoke in support of the bill and expressed concern about oil and gas development near residences. 02:48:58 PM The chair closed testimony and laid the bill over for final action later in the meeting. The committee recessed. 01:51:50 PM The committee recessed. SB18-227 - Postponed Indefinitely 02:54:24 PM The committee came back to order. Senator Martinez Humenik, prime-sponsor, discussed the provisions of Senate Bill18-227 concerning the continuation of the Pet Animal Care Facilities Act. She explained the bill would preclude a sunset review of the Pet Animal Care Facilities Act scheduled for this year. She requested that the bill be postponed indefinitely. There was no testimony on the bill. 02:56:56 PM Motion Postpone Senate Bill 18-227 indefinitely. Moved Baumgardner Seconded Cooke Yes Coram Excused Donovan Yes Fenberg Excused Fields Yes Garcia Yes Jones Yes Marble Yes Scott Yes Baumgardner Yes Sonnenberg Yes Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS HB18-1295 - Referred to the Committee of the Whole - Consent Calendar 02:57:36 PM The chair announced that the sponsor of House Bill18-1295 was presenting another bill in another committee, and that the bill would be considered by the committee without the precesence of the sponsor. This bill establishes that food and cosmetics are not adulterated just because they contain industrial hemp. It also removes the term "cannabis" from the list of substances whose inclusion in a drug or device is deemed misbranded in the Colorado Food and Drug Act. There was no testimony on the bill. 02:59:46 PM Motion Refer House Bill 18-1295 to the Committee of the Whole and with a recommendation that it be placed on the consent calendar. Moved Baumgardner Seconded Cooke Yes Coram Excused Donovan Yes Fenberg Excused Fields Yes Garcia Yes Jones Yes Marble Yes Scott Yes Baumgardner Yes Sonnenberg Yes Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS 02:59:47 PM The committee recessed. HB18-1157 - Postponed Indefinitely 03:08:56 PM Motion Refer House Bill 18-1157 to the Committee of the Whole. Moved Fenberg Seconded Cooke No Coram No Donovan Yes Fenberg Yes Fields Yes Garcia Yes Jones Yes Marble No Scott No Baumgardner No Sonnenberg No YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL 03:55:10 PM Motion Postpone House Bill 18-1157 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. Moved Baumgardner Seconded Cooke Yes Coram Yes Donovan No Fenberg No Fields No Garcia No Jones No Marble Yes Scott Yes Baumgardner Yes Sonnenberg Yes Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS 03:10:05 PM Committee Adjourned