S_AGR_2018A 04/26/2018 01:35:12 PM Committee Summary PUBLICSTAFF SUMMARY OF MEETINGSENATE COMMITTEE ON AGRICULTURE, NATURAL RESOURCES, & ENERGY Date 04/26/2018 Attendance Cooke X Coram X Donovan X Fenberg X Jones X Kagan X Marble * Scott X Williams A. X Baumgardner X Sonnenberg X Time 01:35:12 PM to 02:48:16 AM Place SCR 357 This Meeting was called to order by Sonnenberg This Report was prepared by David Beaujon Hearing Items Action Taken hConf 18-State Fair Authority Board Of Commissioners Favorably Refer to Full Senate - Consent Calendar hSB18-245 Referred to the Committee of the Whole hConf 18-Parks And Wildlife Commission Unfavorably Refer to Full Senate Conf 18-State Fair Authority Board Of Commissioners - Favorably Refer to Full Senate - Consent Calendar Attachment Tag File Name Attachment A http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/E46CF887CC29...$File/18SenateAg0426AttachA.pdf?OpenElement 18SenateAg0426AttachA.pdf 01:35:22 PM Don Brown, Commissioner of Agriculture, Colorado Department of Agriculture, introduced the Governor's appointments to the State Fair Authority Board of Commissioners [Attachment A]. He also explained that Michael Cafasso is unable to attend this hearing and requested that his confirmation be referred to another committee for consideration at a later date. 01:36:40 PM Michelle Rene Brown of Pueblo West, appointed for a term expiring November 1, 2021, and a Democrat residing in the Third Congressional District and the county of the fair, discussed her experience and interest in serving on the board. 01:37:25 PM William J. Hybl of Colorado Springs, reappointed for a term expiring November 1, 2021, and as a Republican residing in the Fifth Congressional District, discussed his experience and interest in serving another term on the board. 01:44:00 PM Motion Move to severe the appointments of Michael Cafasso, William Hybl, Michelle Brown to the State Fair Authority Board of Commissioners. Moved Baumgardner Seconded Cooke Excused Coram Yes Donovan Yes Fenberg Yes Jones Yes Kagan Yes Marble Yes Scott Yes Williams A. Yes Baumgardner Yes Sonnenberg Yes YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS 01:45:19 PM Motion Refer the appointment of Michael Cafasso, Senate State, Veterans, and Military Affairs Committee. Moved Baumgardner Seconded Cooke Yes Coram Yes Donovan Yes Fenberg Yes Jones Yes Kagan Yes Marble Yes Scott Yes Williams A. Yes Baumgardner Yes Sonnenberg Yes YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS 01:45:41 PM Motion Refer the appointment of William Hybl and Michelle Brown to the Conf 18-State Fair Authority Board Of Commissioners to the full Senate with a favorable recommendation. Moved Baumgardner Seconded Cooke Yes Coram Yes Donovan Yes Fenberg Yes Jones Yes Kagan Yes Marble Yes Scott Yes Williams A. Yes Baumgardner Yes Sonnenberg Yes Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS Conf 18-Parks And Wildlife Commission - Favorably Refer to Full Senate Attachment Tag File Name Attachment B http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/3083155AB0FE...$File/18SenateAg0426AttachB.pdf?OpenElement 18SenateAg0426AttachB.pdf 01:45:47 PM Bob Broscheid, Director of the Parks and Wildlife Commission introduced the Governor's appointments to the Parks and Wildlife Commission [Attachment B]. He also explained that Carrie Besnette Hauser who was appointed to serve as a representative of outdoor recreation and utilization of parks resources, is unable to attend today's hearing. He requested that her appointment be referred to another committee so that she can be considered at a later date when she is in Denver. 01:46:55 PM James G. Spehar of Grand Junction, appointed for a term expiring July 1, 2019, and to serve as a representative of outdoor recreation and utilization of parks resources, discussed his experience and interest in serving on the Parks and Wildlife Commission. 01:48:44 PM Marie E. Haskett of Meeker, appointed for a term expiring July 1, 2021, and as a representative of sports persons and outfitters and west of the Continental Divide, discussed her experience and interest in serving on the Parks and Wildlife Commission. 01:49:09 PM Marvin Edward McDaniel of Sedalia, appointed for a term expiring July 1, 2021, and as a member at large, discussed his experience and interest in serving on the Parks and Wildlife Commission. 01:54:00 PM Motion Move to severe the appointments of James Spehar, Carrie Hauser, Marie Haskett, Marvin McDaniel. Moved Baumgardner Seconded Cooke Yes Coram Yes Donovan Yes Fenberg Yes Jones Yes Kagan Yes Marble Yes Scott Yes Williams A. Yes Baumgardner Yes Sonnenberg Yes YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS 01:54:48 PM Motion Refer the appointment of James Spehar to the Conf 18-Parks And Wildlife Commission to the full Senate with a favorable recommendation. Moved Baumgardner Seconded Cooke No Coram No Donovan Yes Fenberg Yes Jones Yes Kagan Yes Marble No Scott No Williams A. Yes Baumgardner No Sonnenberg No YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL 01:55:47 PM Motion Refer the appointment of Marie Haskett to the Conf 18-Parks And Wildlife Commission 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 Jones Yes Kagan Yes Marble Yes Scott Yes Williams A. Yes Baumgardner Yes Sonnenberg Yes YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS 01:56:30 PM Motion Refer the appointment of Marvin E. McDaniel to the Conf 18-Parks And Wildlife Commission to the full Senate with a favorable recommendation. Moved Baumgardner Seconded Cooke Yes Coram Yes Donovan Yes Fenberg Yes Jones Yes Kagan Yes Marble Yes Scott Yes Williams A. Yes Baumgardner Yes Sonnenberg Yes YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS 01:56:44 PM Motion Refer Carrie Hauser's confirmation hearing for the Parks and Wildlife Commission to the Senate State, Veterans, and Military Affairs Committee. Moved Baumgardner Seconded Cooke Yes Coram Yes Donovan Yes Fenberg Yes Jones Yes Kagan Yes Marble Yes Scott Yes Williams A. Yes Baumgardner Yes Sonnenberg Yes YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS SB18-245 - Referred to the Committee of the Whole Attachment Tag File Name Attachment C http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/F17F843963E7...$File/18SenateAg0426AttachC.pdf?OpenElement 18SenateAg0426AttachC.pdf 01:57:02 PM Senator Cooke, prime-sponsor, discussed the provisions of Senate Bill18-245 concerning the naturally occurring rediation material rules. Under current law, the State Board of Health in the Department of Public Health and Environment (CDPHE) cannot adopt rules concerning the disposal of naturally occurring radioactive materials (NORM) until the Environmental Protection Agency has adopted rules concerning the disposal of NORM. This bill allows the state board to adopt rules concerning the disposal of NORM. 01:57:23 PM Jim Grice, CDPHE, spoke in support of the bill and discussed the authority of the department to regulate radioactive materials. He also responded to questions from the committee about health risks associated with NORMs and background radiation levels in the state. He also discussed the department's rule making process. 02:00:39 PM Pat Ratliff, Colorado Water Congress, spoke in opposition to the bill and explained another bill has been introduced in the 2018 session (House Bill 18-1215) that authorizes the CDPHE to regulate NORMs following studies and a stakeholder process. She also responded to questions from the committee about NORMS and the effect of the bill if its enacted. 02:04:59 PM Ken Lykens, Centennial Water and Sanitation District, spoke in opposition to the bill and explained how water treatment is associated with NORMs and the use of biosolids that are derived from water treatment facilities. He also distributed a letter from the Colorado Water Utility Council concerning the regulation of technologically enhanced naturally occuring readiation materials (TENORM) [Attachment C]. 02:23:40 PM Tracee Bentley, Colorado Petroleum Council, spoke in support of the bill. 02:25:11 PM Jasan Chan, Waste Management, Inc., spoke in support of the bill and responded to questions from the committee regarding his company's communication with the CDPHE concerning the regulation of TENORMs. 02:26:27 PM Andrew Cusper, Colorado Oil and Gas Association, spoke in support of the bill. He also responded to questions from the committee about possible regulatory action by the U.S. Environmental Protection Agency on the regulation of TENORM. 02:34:33 PM Mr. Grice returned to respond to questions from the committee concerning the department's consultation with stakeholders in its rule making process. 02:40:20 PM The chair closed testimony and Senator Cooke closed his remarks on the bill. 02:42:49 PM Motion Refer Senate Bill 18-245 to the Committee of the Whole. Moved Cooke Seconded Cooke Yes Coram No Donovan Yes Fenberg Yes Jones No Kagan Yes Marble Yes Scott Yes Williams A. Excused Baumgardner Yes Sonnenberg Yes Final YES: 8 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS Conf 18-Parks And Wildlife Commission - Unfavorably Refer to Full Senate 02:47:20 PM Motion To refer the appointment of James G. Spehar to the Parks and Wildlife Commission with an unfavorable recommendation. Moved Baumgardner Seconded Cooke Yes Coram Yes Donovan No Fenberg No Jones No Kagan No Marble Yes Scott Yes Williams A. Excused Baumgardner Yes Sonnenberg Yes Final YES: 6 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS 02:48:16 AM Committee Adjourned