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S_BLT_2017A 02/08/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON BUSINESS, LABOR, & TECHNOLOGY

Date: 02/08/2017
ATTENDANCE
Time: 02:07 PM to 07:23 PM
Jahn
X
Kerr
X
Place: SCR 354
Priola
X
Smallwood
X
This Meeting was called to order by
Williams A.
X
Senator Tate
Neville T.
X
Tate
X
This Report was prepared by
Jeanette Chapman
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB17-045

SB17-089
Amended, Referred to Senate Appropriations

Postponed Indefinitely





02:08 PM -- SB 17-045



Senator Grantham and Senator A. Williams introduced Senate Bill 17-045, concerning a requirement for equitable allocation of the costs of defending a construction defect claim. In civil suits brought to court as a result of an alleged construction defect, this bill allows an insurance company to request that the court apportion the defense costs equitably among all liability insurers who have a duty to defend against the claim. The bill requires that the district court set the contribution claim within 90 days after the filing of the action, and promptly resolve the case. The district court is required to enter such orders as are necessary to hold an expedited evidentiary hearing. Following a final judgement resolving all claims, any insurer may apply to the district court for a final apportionment of the defense costs, and the district court must equitably allocate defense costs among the insurers.



02:21 PM --
Kelly Campbell, Property Casualty Insurers, spoke in support of the bill. She responded to questions from the committee.



02:29 PM --
Stacy Scherer, Mountain States Insurance, responded to questions from the committee.



02:32 PM --
Benton Barton, Hall and Evans, LLC, spoke in support of the bill.



02:37 PM --
Mark Hillman, Colorado Civil Justice League, spoke in support of the bill.



02:41 PM --
Dan Jablan, Farmers Insurance, spoke in support of the bill.



















02:45 PM --
Bob Strine, American Council of Engineering Companies Colorado, spoke about the impact of the bill in relation to design professional's insurance. He provided a handout to the committee (Attachment A).



170208 AttachA.pdf170208 AttachA.pdf



02:49 PM --
Scott Deering, American Subcontractors Association, spoke about the bill. He responded to questions from the committee.



02:53 PM --
Nikolaus Remus, American Institute of Architects Colorado, spoke about concerns he had with the bill related to architects' liability.



02:55 PM --
Jeremy Schupbach, Colorado Bar Association, discussed the Association's interest in the bill.



02:57 PM --
John Mill, Colorado Association of Mechanical and Plumbing Contractors, spoke in opposition to the bill without amendment. He responded to questions from the committee.



03:16 PM --
Michael Gifford, Associated General Contractors, spoke in opposition to the bill without amendment. He responded to questions from the committee.



03:23 PM --
David Lueders, Haseldon Construction, spoke in opposition to the bill without amendment.



03:26 PM --
Dave Davia, Association of Mechanical Plumbing Contractors, spoke in opposition to the bill without amendment.



03:31 PM --
Scott Wilkinson, Colorado Association of Homebuilders, spoke in opposition to the bill without amendment.



03:40 PM --
Dennis Polk, representing himself, spoke in opposition to the bill without amendment.



03:48 PM



Senator Williams read a letter to the committee.



03:49 PM --
Karen Kellan, representing herself, spoke about the bill.







03:52 PM



Senator Williams made closing comments on the merits of the bill.

BILL: SB17-045
TIME: 03:52:41 PM
MOVED: Williams A.
MOTION: Adopt amendment L.006 (Attachment B). The motion passed without objection.
SECONDED:
VOTE
Jahn
Kerr
Priola
Smallwood
Williams A.
Neville T.
Tate
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



170208 AttachB.pdf170208 AttachB.pdf

BILL: SB17-045
TIME: 04:08:22 PM
MOVED: Williams A.
MOTION: Refer Senate Bill 17-045, as amended, to the Committee on Appropriations. The motion passed on a vote of 6-1.
SECONDED:
VOTE
Jahn
No
Kerr
Yes
Priola
Yes
Smallwood
Yes
Williams A.
Yes
Neville T.
Yes
Tate
Yes
Final YES: 6 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS





















04:12 PM -- SB 17-089



Senator Fenberg introduced Senate Bill 17-089, concerning the rights of consumers of electricity to install electricity storage systems on their property. The bill requires the Colorado Public Utilities Commission (PUC) in the Department of Regulatory Agencies to adopt rules governing the installation and use of electricity storage systems by residential and small commercial customers of utilities regulated by the PUC. The bill also creates certain requirements related to utility interconnection, approval, and charges. Senator Fenberg provided a strike below amendment L.003 to the committee (Attachment C). He responded to questions from the committee.



170208 AttachC.pdf170208 AttachC.pdf



04:42 PM --
Matthew Smola, representing himself, spoke in favor of the bill.



04:49 PM --
Steve Szabo, Rural Energy Group, spoke in favor of the bill.



04:52 PM --
Tim Schoechle, Smarthome Labs, spoke in favor of the bill and discussed his role in the previously discussed working group.



04:56 PM --
Kathleen Dwyer, Disability Law Colorado, spoke in favor of the bill. Ms. Dwyer responded to questions from the committee.



05:00 PM --
Jeff Weist, Colorado Competitive Council, spoke in opposition to the bill. He responded to questions from the committee.



05:05 PM --
Ken Regelson, representing himself, spoke in favor of the bill. He provided a handout to the committee (Attachment D). He responded to questions from the committee.



170208 AttachD.pdf170208 AttachD.pdf



05:14 PM --
Theresa Worsham, City of Golden, spoke in favor of the bill. She responded to questions from the committee.



05:22 PM --
Julie Zahniser, representing herself, spoke in favor of the bill. She responded to questions from the committee.



05:27 PM --
Dr. Jan Douglas, Sierra Club of Colorado, spoke in favor of the bill. She responded to questions from the committee.



05:33 PM --
Bill Skewes, Colorado Association of Commerce and Industry, spoke in opposition to the bill. He responded to questions from the committee.



05:36 PM --
Geoff Hier, Colorado Rural Electrical Association, spoke in opposition to the bill. He responded to questions from the committee.



05:44 PM --
Jonathan Koehn, City of Boulder and Colorado Communities for Climate Action, spoke in support of the bill. He responded to questions from the committee.









05:51 PM -- Amy Cooke, Independence Institute, spoke in favor of the bill. She responded to questions from the committee.



06:00 PM --
Brandon Williams, Iron Edison Battery, spoke in support of the bill. He provided a handout to the committee (Attachment E). He responded to questions from the committee.



170208 AttachE.pdf170208 AttachE.pdf



06:16 PM --
Alice Jackson, Xcel Energy, spoke in opposition to the bill. She responded to questions from the committee.



06:30 PM --
Gene Camp, PUC, responded to questions from the committee.



06:36 PM --
KK DaVivier, representing herself, spoke in support of the bill.



06:40 PM --
Karey Christ-Janer, representing herself, spoke in opposition to the bill.



06:45 PM --
Whitney Painter, representing herself, spoke in support of the bill. She responded to questions from the committee.



06:52 PM --
Phil Undercuffler, Outback Power, spoke in support of the bill. He responded to questions from the committee.



07:00 PM --
Karen Kellen, representing herself, spoke in favor of the bill.



07:01 PM



Ms. Jackson returned to the table to respond to questions from the committee.



07:06 PM



Senator Fenberg made closing comments on the merits of the bill.

BILL: SB17-089
TIME: 07:14:37 PM
MOVED: Kerr
MOTION: Adopt amendment L.003. The motion passed without objection.
SECONDED:
VOTE
Jahn
Kerr
Priola
Smallwood
Williams A.
Neville T.
Tate
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection




BILL: SB17-089
TIME: 07:16:37 PM
MOVED: Kerr
MOTION: Refer Senate Bill 17-089, as amended, to the Committee on Agriculture, Natural Resources, and Energy. The motion failed on a vote of 2-5.
SECONDED:
VOTE
Jahn
Yes
Kerr
Yes
Priola
No
Smallwood
No
Williams A.
No
Neville T.
No
Tate
No
YES: 2 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL
BILL: SB17-089
TIME: 07:17:17 PM
MOVED: Priola
MOTION: Postpone Senate Bill 17-089 indefinitely. The motion passed on a vote of 4-3.
SECONDED:
VOTE
Jahn
No
Kerr
No
Priola
Yes
Smallwood
Yes
Williams A.
No
Neville T.
Yes
Tate
Yes
Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS



07:23 PM



The committee adjourned.