Senate Committee on Local Government and Energy (02/10/2009)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON LOCAL GOVERNMENT AND ENERGY

Date:	02/10/2009	ATTENDANCE

Time:	02:00 PM to 06:34 PM	Cadman	*
		Hodge	X
Place:	SCR 353	Kester	*
		Lundberg	X
This Meeting was called to order by		Newell	X
	Senator Schwartz	Foster	X
		Schwartz	X
This Report was prepared by
	Kori Donaldson
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Conf 09-Board of Assessment Appeals SB09-101 SB09-142 SB09-155 SB09-051		Favorably Refer to the Full Senate Amended, Referred to the Committee of the Whole Postponed Indefinitely Postponed Indefinitely Amended, Referred to Appropriations

02:00 PM -- Confirmation of Appointees to the Board of Assessment Appeals

The committee was called to order. A quorum was present. Mr. Jim Meurer, Ms. MaryKay Kelley, Ms. Diane DeVries, and Mr. Lyle Hansen, appointees to the Board of Assessment Appeals, came to the table. Each appointee gave an introduction and briefly explained why he or she is interested in serving on the board. The letter appointing Mr. Meurer, Ms. Kelley, Ms. DeVries, and Mr. Hansen may be found in Attachment A. Their applications and resumes are available at the State Archives.

(Attachment A can be view at Archives)


BILL:	Conf 09-Board of Assessment Appeals
TIME:	02:07:13 PM
MOVED:	Foster
MOTION:	Refer the appointment of James R. Meurer, MaryKay Kelley, Diane DeVries, and Lyle D. Hansen to the Board of Assessment Appeals to the full Senate 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

02:08 PM -- Senate Bill 09-101

Senator Al White, prime sponsor, presented Senate Bill 09-101, which requires the creation of a seven-member independent historic preservation commission by any city that receives moneys from the State Historical Fund for historic preservation purposes when the city is not a certified local government. According to the bill, costs associated with the operation of the commission are to be paid from the city's share of preservation and restoration moneys from the State Historical Fund. Senator White made introductory remarks about the bill and addressed questions from the committee.

The following people testified on the bill:

02:14 PM -- Mr. Terry Ballowe, representing himself, spoke in support of the bill. Mr. Ballowe explained his concerns with the existing system of distribution of moneys from the State Historical Fund for historic preservation purposes.

02:16 PM -- Mr. Ed Nichols and Mr. Steve Turner, representing the Colorado Historical Society, were available to answer questions about the bill.

02:19 PM

Senator White briefly explained and distributed Amendment L.001 (Attachment B).


BILL:	SB09-101
TIME:	02:21:21 PM
MOVED:	Hodge
MOTION:	Refer Senate Bill 09-101, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 6-0-1.
SECONDED:
		VOTE
	Cadman	Yes
	Hodge	Yes
	Kester	Yes
	Lundberg	Yes
	Newell	Yes
	Foster	Yes
	Schwartz	Excused

Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:	SB09-101
TIME:	02:21:44 PM
MOVED:	Hodge
MOTION:	Adopt Amendment L.001 (Attachment B). The motion passed without objection.
SECONDED:
		VOTE
	Cadman
	Hodge
	Kester
	Lundberg
	Newell
	Foster
	Schwartz

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

02:24 PM -- Senate Bill 09-142

Senator Lois Tochtrop, prime sponsor, presented Senate Bill 09-142, which requires a municipality to assume the maintenance responsibilities for the entire width of a street to be included within an annexation. Senator Tochtrop made introductory remarks about the bill and distributed Amendment L.001(Attachment C).

The following people testified on the bill:

02:25 PM -- Mr. Gerald Dahl, representing local municipalities and the Colorado Municipal League, spoke in opposition to the bill. Mr. Dahl explained that typically there is cooperation between counties and municipalities to maintain roads at the point of annexation. Mr. Dahl addressed questions about annexation concerns, or the lack thereof, in particular counties.

02:37 PM -- Mr. Chip Taylor, representing Colorado Counties Inc., spoke in support of the bill. Mr. Taylor agreed that maintaining roads at the point of annexation is not a source of friction between counties and municipalities, but said the bill will change how counties and municipalities negotiate these responsibilities when an annexation is proposed. Mr. Taylor said it is not fair to leave counties with the responsibility of maintaining roads that are being used by municipalities for new development. Discussion ensued.

02:46 PM -- Mr. Dale Miller, also representing Colorado Counties Inc., spoke in support of the bill. Mr. Miller gave a brief history of how the law has changed regarding responsibility for road maintenance in recent years.

02:54 PM -- Mr. Robert Coney, representing the Adams County Board of Commissioners, spoke about the bill. Mr. Coney gave some examples of instances in which Adams County would not want to annex roads to municipalities.

02:58 PM

Senator Tochtrop made concluding remarks about the bill and spoke to Amendment L.001.


BILL:	SB09-142
TIME:	03:00:51 PM
MOVED:	Newell
MOTION:	Refer Senate Bill 09-142 to the Committee of the Whole with a favorable recommendation. The motion failed on a vote of 1-5-1.
SECONDED:
		VOTE
	Cadman	No
	Hodge	No
	Kester	Excused
	Lundberg	No
	Newell	Yes
	Foster	No
	Schwartz	No

Not Final YES: 1 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:	SB09-142
TIME:	03:02:11 PM
MOVED:	Newell
MOTION:	Adopt Amendment L.001 (Attachment C). The motion passed without objection by those members present.
SECONDED:
		VOTE
	Cadman
	Hodge
	Kester	Excused
	Lundberg
	Newell
	Foster
	Schwartz

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


BILL:	SB09-142
TIME:	03:04:05 PM
MOVED:	Cadman
MOTION:	Postpone Senate Bill 09-142 indefinitely. The motion passed on a vote of 4-2-1.
SECONDED:
		VOTE
	Cadman	Yes
	Hodge	Yes
	Kester	Excused
	Lundberg	No
	Newell	No
	Foster	Yes
	Schwartz	Yes

Final YES: 4 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS

After the vote to postpone the bill indefinitely, Senator Tochtrop made a few concluding remarks.

03:07 PM -- Senate Bill 09-155

Senator Keith King, prime sponsor, presented Senate Bill 09-155, which authorizes metropolitan districts to finance the design, construction, equipment, and maintenance of new school buildings within its boundaries. According to the bill, these schools can be operated as a charter school by a public or private entity. A metropolitan district that chooses to build a school must consult with the school district board of education concerning the school's proposed location. Senator King made introductory remarks about the bill. He distributed and spoke to amendments L.002 and L.007 (Attachment D and E, respectively). Senator King addressed questions from the committee.

The following people testified on the bill:

03:22 PM -- Ms. Jane Urschel, representing the Colorado Association of School Boards, spoke in opposition to the bill. Ms. Urschel said it is not a good time to build new schools in the current economic climate. Discussion ensued about the impact of potential amendments. Discussion continued about charter schools and the authority of school districts in regards to charter schools.

03:32 PM -- Mr. John Barry and Mr. Jim Bittle, representing Aurora Public Schools, spoke in opposition to the bill. Mr. Barry told the committee that there will be continued and significant growth in Aurora school districts. He explained that the bill would effectively split Aurora into two districts: a district of haves and have nots.

03:38 PM -- Ms. Mary Wickersham, representing the State Treasurer's Office, spoke to Amendment L.007 and Section 8 of the introduced bill, both of which concern the Charter School Debt Service Reserve Fund. Ms. Wickersham addressed questions about bonding limits for public school districts.

03:46 PM -- Mr. Bruce Caughey, representing the Colorado Association of School Executives, spoke in opposition to the bill. Mr. Caughey said having many different entities involved in K-12 building construction decisions is difficult.

03:49 PM -- Ms. JoAnn Soker, representing the Colorado Education and Cultural Facilities Authority, spoke in opposition to Section 9 of the bill, which concerns the acquisition of property by an educational or cultural institution. Ms. Soker spoke in support of Amendment L.007.

03:51 PM -- Mr. Evan Goulding, representing the Special District Association of Colorado, spoke about the bill. Mr. Goulding explained how the bill expands the authority of special districts in the state.

03:53 PM -- Mr. Larry Hudson, representing the Colorado League of Charter Schools, spoke in support of the bill. Mr. Hudson spoke to Sections 5, 7, 8, and 9. He explained that these sections are critical tools for charter schools. He noted that the critical need for charter schools is access to funds for capital projects.

03:57 PM

Senator King made some concluding remarks about the bill and distributed and spoke to Amendment L.003 (Attachment F).


BILL:	SB09-155
TIME:	03:58:32 PM
MOVED:	Cadman
MOTION:	Refer Senate Bill 09-155 to the Committee of the Whole with a favorable recommendation. The motion failed on a vote of 3-4.
SECONDED:
		VOTE
	Cadman	Yes
	Hodge	No
	Kester	Yes
	Lundberg	Yes
	Newell	No
	Foster	No
	Schwartz	No

Not Final YES: 3 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL

Prior to vote, Senator King made some concluding remarks about the bill and Amendments L.002 and L007.


BILL:	SB09-155
TIME:	04:08:25 PM
MOVED:	Foster
MOTION:	Postpone Senate Bill 09-155 indefinitely. The motion passed on a vote of 5-2-0.
SECONDED:
		VOTE
	Cadman	No
	Hodge	Yes
	Kester	Yes
	Lundberg	No
	Newell	Yes
	Foster	Yes
	Schwartz	Yes

Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB09-155
TIME:	04:06:01 PM
MOVED:	Cadman
MOTION:	Adopt Amendment L.007 (Attachment E). The motion passed on a vote of 4-3.
SECONDED:
		VOTE
	Cadman	Yes
	Hodge	Yes
	Kester	Yes
	Lundberg	Yes
	Newell	No
	Foster	No
	Schwartz	No

Not Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

Prior to the vote, Senator King briefly explained Amendment L.007.


BILL:	SB09-155
TIME:	04:00:39 PM
MOVED:	Lundberg
MOTION:	Adopt Amendment L.003 (Attachment F). The motion passed on a vote of 6-1.
SECONDED:
		VOTE
	Cadman	Yes
	Hodge	Yes
	Kester	Yes
	Lundberg	Yes
	Newell	Yes
	Foster	No
	Schwartz	Yes

Not Final YES: 6 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

Prior to the vote, Senator Foster expressed some concerns with the bill. Senator King spoke to Amendment L.003. Ms. Urschel returned to the table and said she still opposes the bill, even with Amendment L.003.


BILL:	SB09-155
TIME:	03:58:50 PM
MOVED:	Cadman
MOTION:	Adopt Amendment L.002 (Attachment D). The motion failed on a vote of 3-4.
SECONDED:
		VOTE
	Cadman	Yes
	Hodge	No
	Kester	Yes
	Lundberg	Yes
	Newell	No
	Foster	No
	Schwartz	No

Not Final YES: 3 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL

Prior to the vote, Senator King suggested other potential amendments.

04:09 PM

The committee recessed.

04:23 PM -- Senate Bill 09-051

The committee came back to order. The meeting moved to Senate Committee Room 356 to accommodate the audience for Senate Bill 09-051. Senator Morgan Carroll, prime sponsor, presented Senate Bill 09-051, which increases the amount that the State Treasurer may invest as part of the Colorado Clean Energy Finance Program from $30 million to $40 million. The bill also amends the Colorado Clean Energy Finance Program Act to include banks, credit unions, and mortgage lenders among the types of lenders that may make loans under the program. It includes renewable energy developers and installers of solar panels and other renewable energy generation equipment among the contractors that the program may certify. Senator Carroll distributed and briefly spoke to Amendment L.002 (Attachment G), Amendment L.003 (Attachment H), Amendment L.005 (Attachment I), and Amendment L.009 (Attachment J). Senator Carroll made introductory remarks about the bill and addressed questions from the committee. Senator Carroll distributed and spoke to Amendment L.006 (Attachment K) in response to a question about rural electric associations.

The following people testified on the bill:

04:39 PM -- Mr. Ravi Malhotra, representing the International Center for Appropriate and Sustainable Technology, spoke in support of the bill. Committee members received a copy of Mr. Malhotra's testimony (Attachment L).

04:46 PM -- Mr. Martin Mobley, representing Morgan Stanley & Co., Inc., spoke in support of the bill. Committee members received a copy of Mr. Mobley's testimony (Attachment M).

04:58 PM -- Mr. Rick Gilliam, representing Sun Edison, LLC, spoke in support of the bill. Mr. Gilliam spoke about third-party ownership of solar panels.

05:02 PM -- Mr. Amory Host and Mr. J.W. Postal, representing Mainstreet Power, spoke in support of the bill. Committee members received a summary of Mr. Postal's and Mr. Host's testimony (Attachment N). Mr. Postal discussed the financing of the bill and Mr. Host spoke about different solar power systems in use in the state. Mr. Postal addressed a question about funding for workforce development. Discussion ensued.

05:23 PM -- Mr. Robert DuRay, representing New Era Colorado, spoke in support of the bill. Mr. DuRay talked about the significance of extending the benefits of the Colorado Clean Energy Finance Program to landlords and renters. Senator Carroll clarified the bill's effect on rented property.

05:30 PM -- Mr. Erik Bowman, representing Akeena Solar, spoke in support of the bill. Mr. Bowman said that his goal is to get more jobs in the state. Mr. Bowman addressed a question about trends in the demand for products manufactured by his company. Discussion ensued.

05:39 PM -- Mr. Ken Regelson , representing the Colorado Solar Energy Corporation (COSEA), spoke in support of the bill.

05:40 PM -- Ms. Beth Hart, also representing COSEA, spoke in support of the bill. Ms. Hart explained who COSEA represents. She said she supports the bill because of the types and size of solar power systems included.

05:42 PM -- Mr. Keith Hay, representing Environment Colorado, spoke in support of the bill.

05:44 PM -- Mr. Roger Tullberg, representing Liberty Media, spoke in support of the bill. Mr. Tullberg said his organization is very interested in developing solar projects in Colorado and other states. Mr. Tullberg spoke in support of Amendment L.003.

05:48 PM -- Ms. Paula Connelly, representing Xcel Energy, spoke in support of Amendment L.006. Ms. Connelly discussed her organization's support for third-party ownership of solar panels. Ms. Connelly answered a question about the effect of Amendment L.006.

05:58 PM -- Mr. Dave Lock, representing the Colorado Association of Municipal Utilities, spoke in support of Amendment L.006. Mr. Lock also spoke in opposition of Amendment L.010, which was not offered as an amendment to the bill.

06:02 PM -- Ms. Barbara Walker, representing Independent Bankers of Colorado, spoke in support of Amendment L.005. Ms. Walker said she believes the bill, if amended, will provide job opportunities. Senator Carroll briefly explained Amendment L.005.

06:07 PM -- Mr. Ray Clifton and Mr. Kent Singer, representing the Colorado Rural Electric Association, and Mr. Paul Erickson, representing Rural Electric Cooperatives, spoke in support of Amendment L.006. Mr. Erickson compared the revenue collected per mile of electric line between different rural cooperatives and urban organizations. Mr. Clifton explained rural electric cooperatives' need for Amendment L.006. Mr. Singer addressed the statutory changes that will be made by the bill and Amendment L.006, and how the changes will impact the rural electric cooperatives.

06:19 PM


BILL:	SB09-051
TIME:	06:19:56 PM
MOVED:	Hodge
MOTION:	Refer Senate Bill 09-051, as amended, to the Committee on Appropriations with a favorable recommendation. The bill passed on a vote of 4-3.
SECONDED:
		VOTE
	Cadman	No
	Hodge	Yes
	Kester	No
	Lundberg	No
	Newell	Yes
	Foster	Yes
	Schwartz	Yes

Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

Prior to the vote, Senator Lundberg expressed his reservations about the bill. Discussion ensued.


BILL:	SB09-051
TIME:	06:27:20 PM
MOVED:	Hodge
MOTION:	Adopt Amendment L.009 (Attachment J). The motion passed without objection.
SECONDED:
		VOTE
	Cadman
	Hodge
	Kester
	Lundberg
	Newell
	Foster
	Schwartz

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

Prior to the vote, Senator Carroll briefly explained Amendment L.009 and addressed questions from the committee.


BILL:	SB09-051
TIME:	06:23:46 PM
MOVED:	Hodge
MOTION:	Adopt Amendment L.006 (Attachment K). The motion passed without objection.
SECONDED:
		VOTE
	Cadman
	Hodge
	Kester
	Lundberg
	Newell
	Foster
	Schwartz

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

Prior to the vote, Senator Carroll explained Amendment L.006 and responded to a question about how the amendment effects rural and municipal electric associations.


BILL:	SB09-051
TIME:	06:22:04 PM
MOVED:	Hodge
MOTION:	Adopt Amendment L.005 (Attachment I). The motion passed on a vote of 5-2.
SECONDED:
		VOTE
	Cadman	Yes
	Hodge	Yes
	Kester	No
	Lundberg	No
	Newell	Yes
	Foster	Yes
	Schwartz	Yes

Not Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

Prior to the vote, Senator Carroll briefly explained Amendment L.005.


BILL:	SB09-051
TIME:	06:22:05 PM
MOVED:	Hodge
MOTION:	Adopt Amendment L.003 (Attachment H). The motion passed without objection.
SECONDED:
		VOTE
	Cadman
	Hodge
	Kester
	Lundberg
	Newell
	Foster
	Schwartz

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

Prior to the vote, Senator Carroll asked for the committee's support for Amendment L.003.


BILL:	SB09-051
TIME:	06:21:33 PM
MOVED:	Hodge
MOTION:	Adopt Amendment L.002 (Attachment G). The motion passed without objection.
SECONDED:
		VOTE
	Cadman
	Hodge
	Kester
	Lundberg
	Newell
	Foster
	Schwartz

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

Prior to the vote, Senator Carroll briefly explained Amendment L.002.

06:34 PM

The committee adjourned.