House Committee on Transportation & Energy (03/05/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON TRANSPORTATION & ENERGY

Date:	03/05/2009	ATTENDANCE

Time:	09:35 AM to 01:29 PM	Baumgardner	X
		Fischer	X
Place:	HCR 0107	Frangas	X
		King S.	X
This Meeting was called to order by		Looper	*
	Representative McFadyen	McNulty	*
		Merrifield	X
This Report was prepared by		Primavera	X
	Kurt Morrison	Vaad	X
		Green	X
		McFadyen	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB09-1261 HB09-1187 HB09-1284 HB09-1277 HB09-1230		Postponed Indefinitely Postponed Indefinitely Amended, Referred to the Committee of the Whole Postponed Indefinitely Witness Testimony and/or Committee Discussion Only

09:36 AM -- House Bill 09-1261

Representative Swalm, prime sponsor of House Bill 09-1261, asked the committee to postpone the bill indefinitely. The bill would change existing law related to tariffs and Public Utilities Commission approval.


BILL:	HB09-1261
TIME:	09:37:02 AM
MOVED:	Baumgardner
MOTION:	Moved to postpone House Bill 09-1261 indefinitely. The motion passed on a 10-0 roll call vote.
SECONDED:	Merrifield
		VOTE
	Baumgardner	Yes
	Fischer	Yes
	Frangas	Yes
	King S.	Yes
	Looper	Excused
	McNulty	Yes
	Merrifield	Yes
	Primavera	Yes
	Vaad	Yes
	Green	Yes
	McFadyen	Yes

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

09:38 AM -- House Bill 09-1187

Representative Swalm, prime sponsor of House Bill 09-1187, asked the committee to postpone the bill indefinitely. The bill would allow for tolls to be charged on existing highways or highway lanes.


BILL:	HB09-1187
TIME:	09:38:18 AM
MOVED:	Fischer
MOTION:	Moved to postpone House Bill 09-1187 indefinitely. The motion passed on a 9-0 roll call vote.
SECONDED:	Merrifield
		VOTE
	Baumgardner	Yes
	Fischer	Yes
	Frangas	Yes
	King S.	Yes
	Looper	Excused
	McNulty	Excused
	Merrifield	Yes
	Primavera	Yes
	Vaad	Yes
	Green	Yes
	McFadyen	Yes

Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

09:40 AM -- House Bill 09-1284

Representative Levy, prime sponsor of House Bill 09-1284, discussed the merits of the bill. The bill would establish a system for the Department of Transportation to work with metropolitan planning organizations (MPOs) and the local governments that belong to an MPO to mitigate the impact of future development on traffic congestion in certain corridors. Represetative Levy provided copies of Amendment L.001 to the committee (Attachment A). Representative Levy responded to questions from committee members.

09:50 AM

Representative Green provided information on transportation corridor planning.

09:56 AM

Representative Fischer asked Representative Levy to discuss reasons for removal of impact fee provisions through Amendment L.001.

10:02 AM

Representative Primavera asked for further explanation of the fiscal note. Mr. Chris Ward, Colorado Legislative Council Staff, discussed a revised fiscal note for the bill.

10:05 AM

Representative McFadyen asked for witnesses to testify regarding the bill.

10:05 AM -- Mayor Pat Quinn, City and County of Broomfield, testified in support of the bill. Mayor Quinn responded to questions from committee members.

10:14 AM

Representative Frangas asked about the involvement of local organizations, such as business improvement districts, in transportation planning.

10:19 AM -- Mr. George Gerstle, representing Boulder County, testified in support of the bill.

10:24 AM -- Ms. Stephanie Thomas, representing the Colorado Environmental Coalition, testified in support of the bill. Ms. Thomas responded to questions from committee members.

10:30 AM -- Ms. Jennifer Finch, representing the Department of Transportation, responded to questions from committee members.

10:42 AM

Representative Green asked Ms. Finch to comment on current congestion levels for state highways and roads.

10:44 AM -- Ms. Meghan Pfanstiel, representing the Rocky Mountain Home Association, testified in opposition to the bill. Ms. Pfanstiel responded to questions from committee members.


BILL:	HB09-1284
TIME:	10:59:00 AM
MOVED:	Fischer
MOTION:	Moved amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:	Merrifield
		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:	HB09-1284
TIME:	11:00:48 AM
MOVED:	Fischer
MOTION:	Moved to refer House Bill 09-1284, as amended, to the Committee of the Whole. The motion passed on a 6-5 roll call vote.
SECONDED:	Green
		VOTE
	Baumgardner	No
	Fischer	Yes
	Frangas	Yes
	King S.	No
	Looper	No
	McNulty	No
	Merrifield	Yes
	Primavera	Yes
	Vaad	No
	Green	Yes
	McFadyen	Yes

Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

11:16 AM

The committee recessed.

11:27 AM

The committee returned to order.

11:27 AM -- House Bill 09-1277

Representative Labuda, prime sponsor of House Bill 09-1277, discussed the merits of the bill. The bill would require that each electric utility in Colorado disclose to each of its customers the type of fuels used to produce electricity and the percentage of the utility's generation production that is attributable to each fuel. Representative Labuda responded to questions from committee members and provided copies of Amendment L.002 to the committee (Attachment B).

11:32 AM

Representative McFadyen asked for witnesses to testify regarding the bill.

11:33 AM --

Mr. Dave Lock, representing the Colorado Association of Municipal Utilities, testified in support of the bill. Mr. Lock responded to questions from committee members

11:43 AM

Representative King asked Mr. Lock to comment on the bill's fiscal impact to customers and utilities.

11:47 AM --

Ms. Amy Charlton, representing the Colorado Rural Electric Association, testified regarding the bill. Ms. Charlton responded to questions from committee members.


BILL:	HB09-1277
TIME:	11:50:24 AM
MOVED:	McFadyen
MOTION:	Moved a conceptual amendment to Amendment L.002. The motion passed without objection.
SECONDED:	Green
		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:	HB09-1277
TIME:	11:55:57 AM
MOVED:	Vaad
MOTION:	Moved a conceptual amendment to Amendment L.002. The motion failed on a 4-6 roll call vote.
SECONDED:	King S.
		VOTE
	Baumgardner	Yes
	Fischer	No
	Frangas	No
	King S.	Yes
	Looper	Excused
	McNulty	Yes
	Merrifield	No
	Primavera	No
	Vaad	Yes
	Green	No
	McFadyen	No

Not Final YES: 4 NO: 6 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:	HB09-1277
TIME:	11:49:34 AM
MOVED:	McFadyen
MOTION:	Moved amendment L.002 (Attachment B). The motion passed without objection.
SECONDED:	Green
		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

12:06 PM

The committee recessed.

12:13 PM

The committee returned to order.

BILL:

HB09-1277

TIME:

12:17:47 PM

MOVED:

McNulty

MOTION:

Moved amendment L.003 (Attachment C). The motion was withdrawn.

SECONDED:

Baumgardner

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:


BILL:	HB09-1277
TIME:	12:19:09 PM
MOVED:	Fischer
MOTION:	Moved to refer House Bill 09-1277, as amended, to the Committee of the Whole. The motion failed on a 3-7 roll call vote.
SECONDED:	Green
		VOTE
	Baumgardner	No
	Fischer	Yes
	Frangas	Yes
	King S.	No
	Looper	Excused
	McNulty	No
	Merrifield	No
	Primavera	No
	Vaad	No
	Green	Yes
	McFadyen	No

Not Final YES: 3 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:	HB09-1277
TIME:	12:22:28 PM
MOVED:	Baumgardner
MOTION:	Moved to postpone House Bill 09-1277 indefinitely. The motion passed on a 9-1 roll call vote.
SECONDED:	Vaad
		VOTE
	Baumgardner	Yes
	Fischer	Yes
	Frangas	Yes
	King S.	Yes
	Looper	Excused
	McNulty	Yes
	Merrifield	Yes
	Primavera	Yes
	Vaad	Yes
	Green	No
	McFadyen	Yes

Final YES: 9 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS

12:26 PM -- House Bill 09-1230

Representative Summers, prime sponsor of House Bill 09-1230, discussed the merits of the bill. The bill would prohibit county clerks from returning applications of vehicle registrations back to auto dealers if any sales tax due on vehicle purchases was allegedly not collected. Representative Summers provided a handout and copies of Amendment L.001to the committee (Attachments D and E).

12:36 PM

Representative McFadyen asked for witnesses to testify regarding the bill.

12:38 PM -- Mr. Geoff Wilson, representing the Colorado Municipal League, testified in opposition to the bill. Mr. Wilson responded to questions from the committee members.

12:51 PM

Mr. Wilson discussed potential changes to Amendment L.001 that may financially impact local governments.

12:53 PM -- Mr. Tony Frazzini and Ms. Darlene Martinez, both representing the City and County of Denver, testified in opposition to the bill. Mr. Frazzini and Mr. Martinez discussed current sales taxes associated with automobiles.

01:05 PM -- Ms. Linda Bishop and Ms. Barbara Harms, representing Adams County, testified in opposition to the bill.

01:08 PM -- Mr. Gary Bryan, representing Auto Source LLC, and Ms. Kristin Meehan, representing Auto Finance Consulting, testified in support of the bill. Mr. Bryan and Ms. Meehan responded to questions from committee members.

01:17 PM -- Mr. Matthew Tynan, representing Tynan's, and Mr. Jim Fines, representing Phil Long Denver Jeep, testified in support of the bill. Mr Tynan discussed current processes related to sales tax remittance.

01:27 PM

Representative McFadyen stated that the bill will be laid over to a later date.

01:28 PM

The committee adjourned.