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S_AGR_2017A 04/12/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON AGRICULTURE, NATURAL RESOURCES, & ENERGY

Date: 04/12/2017
ATTENDANCE
Time: 10:44 AM to 01:14 PM
Cooke
X
Coram
*
Place: SCR 357
Donovan
X
Fenberg
X
This Meeting was called to order by
Fields
X
Senator Sonnenberg
Garcia
X
Jones
X
This Report was prepared by
Marble
*
David Beaujon
Scott
X
Baumgardner
X
Sonnenberg
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB17-1256

Conf 17-Water Quality Control Commission

Conf 17-Great Outdoors Colorado Trust Fund — State Board Of The
Postponed Indefinitely

Favorably Refer to Full Senate - Consent

Favorably Refer to Full Senate - Consent



HB 17-1256



Senator Aguilar and Jones, co-prime sponsors, described the provisions of House Bill 17-047 concerning oil and gas facilities distance from school property and distributed a hand that shows examples of schools threatened by oil and gas development over the past four years (Attachment A) and a letter of support from Counties and Commissioners Acting Together (Attachment B). He also distributed photos of oil and gas development (Attachment C) . Current rules adopted by the Colorado Oil and Gas Conservation Commission (COGCC) in the Department of Natural Resources require that new sites for oil and gas operations be located at least 1,000 feet from school buildings and other high occupancy buildings. The reengrossed bill requires that the minimum setback distance apply to the school property line, and not the school building. The setback requirement is applied to public schools, private schools, and child care centers. The bill also clarifies that setback requirements do not apply if a school begins operations near oil and gas facilities that are already permitted or in use.



170412 AttachA.pdf170412 AttachA.pdf170412 AttachB.pdf170412 AttachB.pdf170412 AttachC.pdf170412 AttachC.pdf



The following persons testified on the bill:



















10:57 AM -- Matt Samuelson, Western Environmental Law Partners, distributed spreadsheet that lists schools in the districts of members of the Senate Agriculture, Natural Resources, and Energy Committee (Attachment D) and spoke in support of the bill.



170412 AttachD.pdf170412 AttachD.pdf



11:01 AM --
Jeff Moore, City of Longmont, spoke in support of the bill and distributed a fact sheet on the bill (Attachment E). He also discussed potential health hazards related to oil and gas development.



170412 AttachE.pdf170412 AttachE.pdf



11:06 AM --
Laurie Anderson, Broomfield Clean Air and Water, spoke in support of the bill,



11:07 AM --
Lisa McKenzie, Colorado School of Public Health, spoke in support of the bill and discussed potential health hazards related to oil and gas development.



11:10 AM --
Ann Byers, Wildgrass Oil and Gas Committee, spoke in support of the bill and discussed potential health hazards related to oil and gas development. She also responded to questions from the committee regarding her concerns about oil and gas development.



11:12 AM --
Kevin Lynch, representing himself, spoke in support of the bill and explained why the bill would not result in a regulatory takings of mineral properties.



11:21 AM --
Christine Berg, Mayor of Lafayette, Colorado Municipal League, Moms Clean Air Force, spoke in support of the bill and discussed potential health hazards related to oil and gas development.



11:26 AM --
Afton Surwille, representing herself, spoke in support of the bill and discussed an accident she experienced at her school when she was a child.



11:29 AM --
Shaina Oliver, representing herself, spoke in support of the bill and expressed concern about oil and gas development on tribal lands.



11:33 AM --
Linda McKibben, representing herself, spoke in support of the bill and expressed concern about oil and gas development on tribal lands.



11:34 AM --
Emily Hornback, Western Colorado Congress, spoke in support of the bill and expressed concern about oil and gas development on tribal lands.



11:37 AM --
Christine Nyholm, representing herself, spoke in support of the bill.



11:40 AM --
Tim Graham, representing himself, spoke in support of the bill.



11:42 AM --
Marilyn Hughes, representing herself, spoke in support of the bill.



11:46 AM --
Matt Sura, representing himself, spoke in support of the bill and explained he is an attorney that works on oil and gas issues.









11:49 AM --
Marcia Martin, representing herself, spoke in support of the bill and distributed a list of peer reviewed health studies on natural gas wells (Attachment F).



170412 AttachF.pdf170412 AttachF.pdf



11:53 AM --
Carl Erickson representing himself, spoke in support of the bill.



11:57 AM --
Tracee Bentley, Colorado Petroleum Council, spoke in opposition to the bill and discussed the current COGCC setback requirements. She also explained how the bill would effect oil and gas development in Weld County and responded to questions from the committee regarding oversight by COGCC of oil and gas wells.



12:00 PM --
Jill Folcher, Colorado Petroleum Council, spoke in opposition to the bill and discussed the current COGCC setback requirements and other regulations. She also responded to questions from the committee about COGCC setback regulations.



12:03 PM --
Dan Haley, President of the Colorado Oil and Gas Association, spoke in opposition to the bill and discussed the current COGCC setback requirements and other regulations.



12:06 PM --
Angie Binder, Colorado Petroleum Association, spoke in opposition to the bill and discussed the current COGCC setback requirements and other regulations.



12:24 PM -- Dollis Wright, Quality Environmental Professional Associates, spoke in opposition to the bill and distributed a study entitled "Managing Health Risks Associated with Oil and Gas Development Activities" (Attachment G) and a copy of her testimony (Attachment H).



170412 AttachG.pdf170412 AttachG.pdf170412 AttachH.pdf170412 AttachH.pdf



12:28 PM -- Tom Parko, Planning Director, Weld County, spoke in opposition to the bill.



12:32 PM -- Barbara Kirkmeyer, Weld County, spoke in opposition to the bill and distributed maps of active wells in Greeley (Attachment I).



170412 AttachI.pdf170412 AttachI.pdf



12:35 PM --
Dianna Orf, Associated Governments of Northwestern Colorado, spoke in opposition to the bill.



12:39 PM --
Cathy Shull, Progress 15, spoke in opposition to the bill.



12:40 PM --
Ron Prichett, representing himself, spoke in opposition to the bill and distributed a copy of his written testimony (Attachment J).



170412 AttachJ.pdf170412 AttachJ.pdf







12:43 PM --
Nicolas Colglazier, Colorado Competitive Council, Colorado Chamber of Commerce, spoke in opposition to the bill.



12:45 PM --
Shawn Martini, Vice President of Advocacy for the Colorado Farm Bureau, spoke in opposition to the bill.



12:46 PM --
Brandy Delange, Colorado Counties, Inc., spoke in opposition to the bill.



12:48 PM --
Jake Shaeffer, Colorado Association of Mineral Rights Owners, spoke in opposition to the bill and discussed the current COGCC setback requirements and other regulations.



12:50 PM --
Brett Moore, Colorado Association of Conservation Districts, spoke in opposition to the bill.



12:52 PM --
Warren King, The Wilderness Society, spoke in support of the bill.



12:55 PM --
Ingrid Moore, representing herself, spoke in support of the bill and distributed a copy of her testimony (Attachment K).



170412 AttachK.pdf170412 AttachK.pdf



12:58 PM --
Suzanne Cabrall, representing herself, spoke in support of the bill.



01:01 PM



The chair closed testimony. Senator Jones and Senator Aguilar closed their remarks on the bill.

BILL: HB17-1256
TIME: 01:05:50 PM
MOVED: Jones
MOTION: Refer House Bill 17-1256 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
Jones
Yes
Marble
No
Scott
No
Baumgardner
No
Sonnenberg
No
YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL: HB17-1256
TIME: 01:07:17 PM
MOVED: Baumgardner
MOTION: Postpone House Bill 17-1256 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
Jones
Marble
Scott
Baumgardner
Sonnenberg
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:



01:07 PM -- Confirmation of Water Quality Control Commission



Trisha Oath, Water Quality Control Commission Administrator, introduced the Governor's appointment to the Water Quality Control Commission.



01:08 PM



Michael Gooseff of Fort Collins, appointed for a term expiring February 15, 2020, discussed his experience and interested in serving on the Water Quality Control Commission (Attachment L).



170412 AttachL.pdf170412 AttachL.pdf


BILL: Conf 17-Water Quality Control Commission
TIME: 01:09:33 PM
MOVED: Baumgardner
MOTION: Refer the appointment of Michael Gooseff to the Water Quality Control 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
Jones
Yes
Marble
Yes
Scott
Yes
Baumgardner
Yes
Sonnenberg
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS



01:10 PM -- Confirmation of Great Outdoors Colorado Trust Fund — State Board Of The



Chris Castillian, Executive Director of Great Outdoors Colorado, introduced the Governors appointment to the State Board of the Great Outdoors Colorado Trust Fund.







01:11 PM



Karma Giulianelli of Golden, appointed for a term expiring April 15, 2017, and as a resident of the Seventh Congressional District and a Democrat, discussed her experience and interest in serving on the State Board of the Great Outdoors Colorado Trust Fund (Attachment M).



170412 AttachM.pdf170412 AttachM.pdf

BILL: Conf 17-Great Outdoors Colorado Trust Fund — State Board Of The
TIME: 01:13:12 PM
MOVED: Baumgardner
MOTION: Refer the appointment of Karma Giulianelli to the State Board of the Great Outdoors Colorado Trust Fund 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
Jones
Yes
Marble
Yes
Scott
Yes
Baumgardner
Yes
Sonnenberg
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS



01:14 PM



The meeting adjourned.