Bill Summary for Bill Number HB09-1092

Date: 02/24/2009

Final
BILL SUMMARY for HB09-1092

SENATE COMMITTEE ON LOCAL GOVERNMENT AND ENERGY

Votes: View-->	Action Taken:
Refer House Bill 09-1092 to the Committee of the W	PASS

03:03 PM -- House Bill 09-1092

Senator Ken Kester, prime sponsor, presented House Bill 09-1092, which exempts certain routine landscape maintenance activities from the excavation notification statute. Senator Kester made some introductory remarks about the bill.

The following people testified on the bill:

03:05 PM -- Mr. Darrel Vanhooser and Mr. Stan Dempsey, representing the Colorado Petroleum Association, spoke in opposition to the bill. Mr. Vanhooser expressed concern about any bill that gives an excavation exemption because he believes it is a risk to public safety. Committee members received an Asset Map Overview showing "high consequence areas" from Mr. Dempsey (Attachment B). Mr. Dempsey said it is easy to request assistance in locating underground facilities such as oil pipelines. He then addressed a question about the federal pipeline safety act. Mr. Vanhooser spoke to the definition of "high consequence area" included in the federal pipeline safety act. Discussion turned to provisions in current law requiring private property owners to identify underground facilities prior to any excavation.

03:18 PM -- Ms. Mary Dechant, representing Metro Wastewater, spoke in opposition to the bill. Committee members received a picture of materials dumped and retrieved from a manhole in the metro area (Attachment C). Ms. Dechant said Metro Wastewater is very concerned about any excavations near its facilities for safety reasons.

03:24 PM -- Ms. Margy Christianson, representing Marathon Oil and Source Gas, spoke in opposition to the bill. Ms. Christianson expressed her concern about the possibility of causing an explosion if a natural gas pipeline is pierced while someone is digging.

03:28 PM -- Mr. Todd Williams, representing American Civil Constructors, spoke in support of the bill. Mr. Williams said the bill is about enhancing safety and explained how current law is restrictive. He described routine maintenance activities that should not require a call prior to executing. Mr. Williams addressed questions from the committee.

03:38 PM -- Mr. Jeff Oxley, representing Swingle Lawn, Tree, and Landscape Care, spoke in support of the bill. Mr. Oxley explained that over 70 percent of his business includes routine landscape maintenance for residential customers. He said that any time the soil may be disturbed during routine landscape maintenance, such as aeration or fertilization, he must first call for a location of any underground resources prior to the service. Mr. Oxley addressed questions from the committee.

03:46 PM -- Ms. Kristen Fefes, representing the Associated Landscape Contractors of Colorado, spoke in support of the bill. Ms. Fefes spoke to the intent of the bill regarding the allowance of routine landscape maintenance and said that the tasks that will be exempted from the excavation notice are shallow dig tasks. Ms. Fefes also spoke to amendments to the bill that were passed in the House.

03:51 PM -- Mr. John McCormick, representing Qwest, spoke in opposition to the bill. He said Qwest does not have a memorandum of understanding with landscapers in the state regarding waiving a requirement for notification prior to routine landscape maintenance. He said the requirement to notify businesses two days prior to digging is reasonable. Mr. McCormick addressed questions from the committee.

03:59 PM


BILL:	HB09-1092
TIME:	03:59:57 PM
MOVED:	Kester
MOTION:	Refer House Bill 09-1092 to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 7-0.
SECONDED:
		VOTE
	Cadman	Yes
	Hodge	Yes
	Kester	Yes
	Lundberg	Yes
	Newell	Yes
	Foster	Yes
	Schwartz	Yes

Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

Prior to the vote, Senator Kester addressed a question about a potential conceptual amendment. He also addressed a question about the language of the reengrossed bill on page 2, line 22 of the bill.

04:04 PM

The committee adjourned.