Senate Committee on Local Government and Energy (03/10/2009)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON LOCAL GOVERNMENT AND ENERGY

Date:	03/10/2009	ATTENDANCE

Time:	02:03 PM to 03:38 PM	Cadman	X
		Hodge	*
Place:	SCR 353	Kester	X
		Lundberg	X
This Meeting was called to order by		Newell	X
	Senator Schwartz	Foster	X
		Schwartz	X
This Report was prepared by
	David Beaujon
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Conf 09-Energy Impact Assistance Advisory Committee HB09-1233 HB09-1149		favorably referred to the Senate Referred to the Committee of the Whole Referred to Appropriations

02:03 PM -- Energy Impact Assistance Advisory Committee

Ms. Kay Lynn Hefley, of Walsh Colorado, explained that she is a ranch operator and described her qualifications and interest in serving on the Energy Impact Assistance Advisory Committee.

02:06 PM

Honorable Kenneth C. Parsons, of Rangely Colorado, explained that he is a Rio Blanco County Commissioner and identified mineral development issues affecting Northwest Colorado. He also described his qualifications and interest in serving on the Energy Impact Assistance Advisory Committee.

Attachment A includes the applications and resumes of Ms. Hefley and Mr. Parsons.


BILL:	Energy Impact Assistance Advisory Committee
TIME:	02:10:22 PM
MOVED:	Kester
MOTION:	Moved to refer with favorable recommendation the appointments of Ms. Lynn Hefley and the Honorable Kenneth C. Parsons to the Energy Impact Assistance Advisory Committee for terms expiring August 24, 2012. The motion passed on a vote of 6-0.
SECONDED:
		VOTE
	Cadman	Yes
	Hodge	Excused
	Kester	Yes
	Lundberg	Yes
	Newell	Yes
	Foster	Yes
	Schwartz	Yes

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

02:11 PM -- House Bill 09-1233

Senator Schwartz, sponsor, described the provisions of the reengrossed HB 09-1233 that allows for the creation of acequia mutual ditch corporations in Costilla, Conejos, Huerfano, and Las Animas counties (Attachment B). An acequia is defined, in part, as a ditch that originated prior to Colorado's statehood; treats the diverted water as a community resource; supplies irrigation water to long lots that maximize the number of landowners who have access to water; and has historically relied on labor supplied by the owners of irrigated land served by the acequia. The bill specifies procedural and other requirements necessary to form an acequia mutual ditch corporations. It also provides such corporations with the right of first refusal regarding the sales, lease, or exchange of the water used to irrigate the land by the acequia.

The following persons testified on the bill:

02:18 PM -- Mr. Bill Paddock, Rio Grande Water Users Association, spoke in support of the reengrossed bill and explained that the Rio Grande Water Conservation District also supports HB 09-1233. He described the history of acequias that were created by Spanish settlers after the Treaty of Guadeloupe Hidalgo. He explained how acequias and ditch companies operate under the doctrine of prior appropriation that allocates stream water in Colorado based on the seniority of water rights. Mr. Paddock also responded to questions from the committee about how acequias have operated under current law and the effect of the bill on existing ditch companies.

02:31 PM -- Representative Ed Vigil, House Sponsor, described how his family adjudicated their water rights in the San Luis Valley which are the oldest water rights in Colorado. He also contrasted the shared ownership of water rights in Hispanic communities with the ownership of water rights by nonhispanic individuals and communities. Representative Vigil responded to questions about acequias that have expressed interest in organizing as an acequia ditch company.

02:38 PM

Senator Schwartz closed her remarks on HB 09-1233.


BILL:	HB09-1233
TIME:	02:39:12 PM
MOVED:	Schwartz
MOTION:	Moved HB 09-1233 to the Committee of the Whole, without amendment. 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

02:42 PM -- House Bill 09-1149

Senator M. Carroll, sponsor, described the provision of the reengrossed HB 09-1149 that requires home builders of each home for which a buyer is under contract to offer prospective buyers the opportunity to have their residences electrical or plumbing system include a residential photovoltaic solar generation system or a residential solar thermal system; upgrades of wiring or plumbing, or both, planned by the builder to accommodate future installation of such systems; and a chase or conduit constructed to allow ease of future installation of the necessary wiring or plumbing for such systems. In addition, such home builders are required to provide every buyer under contract with a list of solar installers who can assess the home's solar energy generation potential. The bill requires the Governor's Energy Office to maintain a publicly available, master list of Colorado solar installers. She also described House amendments to the bill and described potential jobs that may be created in response to the bill. She also responded to questions from the committee concerning the ability of homeowners to require a builder to provide these options under current law and the ability of builders to anticipate new technologies and comply with the bill's requirements.

The following persons testified on the bill:

03:02 PM -- Blake Jones, Colorado Solar Energy Industries Association, spoke in support of the bill. He also explained how it will help avoid costly retrofits for solar systems, make financing of solar improvements easier, and help create jobs. He also responded to questions from the committee concerning the rate of growth for installation of residential solar energy systems and the history of changes in solar energy technology.

03:10 PM -- Tom Plant, Governor's Energy Office, spoke in support of the bill. He also responded to questions from the committee about the implementation of the bill by the Governor's Energy Office.

03:10 PM -- Jeff Lyng, Governor's Energy Office, spoke in support of the bill and described how it will help with financing of solar energy improvements.

03:20 PM -- Keith Hay, Environment Colorado, spoke in support of the bill and responded to questions and comments from the committee. He also compared the cost of solar energy with fossil fuel generation.

03:25 PM -- Rob Nanfelt, Colorado Association of Home Builders, spoke in support of the bill and identified provisions of the reengrossed bill that address his organization's concerns with the introduced version of the bill. He also responded to questions from the committee concerning a possible amendment to the bill to exempt manufactured homes from the bill's requirements.

03:35 PM

Senator Carroll closed her remarks on the bill.


BILL:	HB09-1149
TIME:	03:37:00 PM
MOVED:
MOTION:	Moved to refer HB 09-1149 to the Committee on Appropriations, without amendment. The motion passed on a vote of 5-2.
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

03:39 PM

The meeting adjourned.