Bill Summary for Bill Number HB09-1092

Date: 02/03/2009

Final
BILL SUMMARY for HB09-1092

HOUSE COMMITTEE ON TRANSPORTATION & ENERGY

Votes: View-->	Action Taken:
Moved amendment L.002 (Attachment R). The motion Moved to refer House Bill 09-1092, as amended, to	Pass Without Objection PASS

04:29 PM -- House Bill 09-1092

The committee returned to order.

Representative Peniston, prime sponsor of House Bill 09-1092, discussed the merits of the bill. The bill would exempt certain routine landscape maintenance activities from the excavation notification statute. A handout on the bill from the Associated Landscape Contractors of Colorado was provided to the committee members (Attachment O).

04:31 PM

Representative McFadyen asked for witnesses with questions or neutral positions on the bill.

04:32 PM -- Mr. Andrew Colony, representing Comcast Cable, testified regarding the bill. Mr. Colony discussed the memorandum of understanding between Xcel Energy and the Associated Landscape Contractors of Colorado. Copies of the document was provided to committee members (Attachment P). Mr. Colony further discussed the legislation and responded to questions from committee members.

04:42 PM

Representative McFadyen asked for witnesses to testify in opposition to the bill.

04:42 PM -- Ms. Mary Dechant, representing Metro Wastewater Reclamation District, testified in opposition to the bill. Ms. Dechant discussed manholes and water pipes, as well as challenges to make repairs to manholes. Ms. Dechant responded to questions from the committee members.

04:55 PM -- Mr. Stan Dempsey, representing the Colorado Petroleum Association, testified in opposition to the bill. Mr. Dempsey discussed safety concerns regarding underground utilities and provided a pipeline map to the committee members (Attachment Q). Mr. Dempsey responded to questions from the committee.

05:13 PM -- Mr. Jim Cole, representing the Colorado Oil and Gas Association, testified in opposition to the bill. Representative King asked Mr. Cole how many calls the utility locate system receives each day. Mr. Cole estimated that the number of contacts is significant.

05:15 PM -- Mr. Dan Hodges, representing the Colorado Springs Utilities, testified in opposition to the bill. Mr. Hodges explained current efforts to encourage consumers to call and request a locate service before digging below ground level. Mr. Hodges responded to questions from the committee members.

05:21 PM -- Mr. John McCormick, representing Qwest Communications, testified in opposition to the bill. Mr. McCormick explained the Call 811 program and described its goal of developing a common method to locate utilities safely. Mr. McCormick responded to questions from the committee members.

05:27 PM -- Ms. Margy Christiansen, representing Source Gas, testified in opposition to the bill. Ms. Christiansen cited examples of injuries and accidents due to utility line damages.

05:31 PM

Representative McFadyen asked for witnesses to testify in support of the bill.

05:31 PM -- Mr. Judd Bryarly, representing Timberline Landscaping, testified in support of the bill. Mr. Bryarly stated the number of utility line locate requests submitted by his business annually. Mr. Bryarly responded to questions from members of the committee. Representative Fischer asked Mr. Bryarly for his response to other testimony regarding utility line damages.

05:44 PM -- Mr. Troy Friar, representing Summit Services, testified in support of the bill. Mr. Friar addressed safety concerns pertaining to utility lines.

05:50 PM -- Mr. Jeff Oxley, representing Swingle Lawn Care, testified in support of the bill. Mr. Oxley discussed the process of requesting a locate and the cumulative impact on his business. Mr. Oxley responded to questions from members of the committee.

06:03 PM -- Ms. Kristen Fefes, representing the Associated Landscape Contractors of Colorado, testified in support of the bill. Ms. Fefes provided background information on landscape maintenance exemptions. Ms. Fefes stated that current practices do not match the law, and responded to questions from members of the committee. Representative McNulty asked Ms. Fefes questions pertaining to Amendment L.002 (Attachment R).

06:17 PM

Representative McFadyen closed the witness testimony phase and asked for amendments.


BILL:	HB09-1092
TIME:	06:17:46 PM
MOVED:	Looper
MOTION:	Moved amendment L.002 (Attachment R). The motion passed without objection.
SECONDED:	Fischer
		VOTE
	Baumgardner
	Fischer
	Frangas
	King S.
	Looper
	McNulty
	Merrifield
	Primavera
	Vaad
	Green
	McFadyen

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1092
TIME:	06:20:24 PM
MOVED:	Green
MOTION:	Moved to refer House Bill 09-1092, as amended, to the Committee of the Whole. The motion passed on a 10-1 roll call vote.
SECONDED:	Fischer
		VOTE
	Baumgardner	No
	Fischer	Yes
	Frangas	Yes
	King S.	Yes
	Looper	Yes
	McNulty	Yes
	Merrifield	Yes
	Primavera	Yes
	Vaad	Yes
	Green	Yes
	McFadyen	Yes

Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

06:24 PM

The committee recessed.