Transportation Legislation Review Committee (10/21/2009)

Final
STAFF SUMMARY OF MEETING

TRANSPORTATION LEGISLATION REVIEW COMMITTEE

Date:	10/21/2009	ATTENDANCE

Time:	08:44 AM to 04:29 PM	Baumgardner	X
		Fischer	*
Place:	HCR 0112	Frangas	X
		King S.	X
This Meeting was called to order by		Kopp	*
	Representative McNulty	Looper	*
		McNulty	X
This Report was prepared by		Merrifield	*
	Kurt Morrison	Primavera	*
		Renfroe	X
		Romer	*
		Spence	*
		Tyler	X
		Vaad	X
		Williams	*
		Gibbs	*
		McFadyen	*
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Presentation on School Bus Retrofits Presentation on Air Quality Control Enforcement E-470 Public Highway Authority Update Presentation on SH-93 Congestion Reduction Presentation Colorado Transportation Blueprint Modify Toll Evasion Notice Process Reduce Waste Tire Stockpile Risks Sales Tax Due Before Vehicle Registration Reserved Parking Disabled Enforcement Driver's License and Permit Education Highway Work Zone Accident Reporting		- - - - - - - - - - -

08:44 AM -- Presentation on School Bus Retrofits

Representative McNulty called the meeting to order. Ms. Martha Rudolph, Director of Environmental Programs, Colorado Department of Public Health and Environment (CDPHE), discussed the diesel emissions retrofit program. Mr. Paul Tourangeau, Director, Air Pollution Control Division, CDPHE, provided handouts to the committee (Attachment A). Representative McNulty stated that the committee will recess momentarily for a presentation outside the Capitol building to examine a school bus that has been retrofitted. Mr. Tourangeau discussed program funding and initiatives. He further discussed U.S. Environmental Protection Agency (EPA) initiatives and programs to reduce diesel emissions. He stated that children are particularly susceptible to diesel exhaust.

08:53 AM

Mr. Tourangeau discussed the retrofit process followed by CDPHE. CDPHE partners with school districts to accomplish program objectives and to ensure that all equipment operates properly. Representative Fischer asked Mr. Tourangeau to explain what a retrofit consists of. Representative Vaad asked Mr. Tourangeau if the program was limited to certain vehicle types.

08:59 AM

Senator Renfroe asked Mr. Tourangeau how school buses are chosen for inclusion in the program. Representative Frangas asked about new job growth generated by the program.

09:06 AM

Representative King asked what percentage of retrofitted buses are on the Western Slope of the state. Mr. Tourangeau responded that approximately 100 buses are being retrofitted in this area. Senator Williams asked about costs of retrofits for school districts that participate in the program. Senator Williams also asked Mr. Tourangeau to comment on other states' programs and initiatives to reduce diesel exhaust.

09:13 AM

The committee recessed.

09:33 AM

The committee returned to order. Mr. Tourangeau provided a final summary on the retrofit program. Senator Williams asked about fuel usage during idling.

09:37 AM

The committee recessed.

09:40 AM -- Presentation on Air Quality Control Enforcement

The committee returned to order.

09:42 AM

Mr. Tourangeau summarized CDPHE discussions with the Colorado Asphalt Pavement Association (CAPA) regarding air quality control issues, enforcement, and fines. CAPA and CDPHE officials met on two occasions to discuss grievances on enforcement issues. Handouts were provided to the committee (Attachments B and C). Mr. Tourangeau discussed current penalties and enforcement procedures.

09:51 AM

Mr. Tourangeau discussed enforcement settlement procedures. Repeat noncompliance incurs higher penalties. Mr. Tourangeau clarified fines assessed and amounts and spoke about the settlement letters that are provided to companies in violation. Mr. Tourangeau also stated that he discussed with CAPA statutory requirements specific to air quality enforcement. He further discussed the handouts provided to the committee (Attachments B and C).

10:02 AM

Mr. Tourangeau stated that documents have been provided to CAPA regarding enforcement procedures. Seminars and "webinars" have also been provided to asphalt company permit holders. Mr. Tourangeau also stated that informal noncompliance assistance will continue to be provided on site.

10:10 AM

Mr. Tom Peterson, representing the Colorado Asphalt Pavement Association, stated industry concerns regarding fines for noncompliance. Mr. Peterson discussed grievances provided to the CDPHE Air Pollution Control Division. A copy of the grievances was provided to the committee members (Attachment D). He further thanked Mr. Tourangeau for working with CAPA and continuing a dialogue regarding fines and enforcement issues. Mr. Peterson expressed that he would like to have continued discussions with CDPHE to educate permit holders.

10:19 AM

Mr. Tourangeau and Mr. Peterson responded to questions from committee members. Senator Williams asked Mr. Peterson to discuss whether it would be productive for industry representatives to be involved during the enforcement appeals process. Mr. Tourangeau clarified the appellate process and personnel involved. He further stated that industry representatives are not currently a part of the appellate and review process. Mr. Peterson discussed other agencies' claims and review processes that do have third party involvement.

10:29 AM

Senator Kopp asked when the last time was that air quality and pollution enforcement administrative regulations were updated. He further asked for an explanation as to why inspections have increased in recent years. Mr. Peterson discussed CAPA concerns regarding the number of fines assessed and the enforcement process. Mr. Tourangeau discussed materials that CDPHE will provide to CAPA for use in educating permit holders. Senator Kopp asked Mr. Tourangeau to discuss uniformity in the inspections process.

10:41 AM

Mr. Peterson stated that operators may deal with multiple inspection personnel which can impact the inspection process. He further discussed the need for a continued dialogue between CAPA and CDPHE. Representative King asked if any consideration is given to economic conditions relative to the number of inspections. Mr. Tourangeau responded that the inspection cycle is mandated by state and federal law. Representative King further asked whether inspections will be more or less frequent due to the economic climate. Representative McNulty stated concerns about loss of revenue for businesses. He further discussed the mission of CDPHE efforts to limit pollution.

10:52 AM

Mr. Tourangeau discussed the inspection cycle for permit holders as well as issues around continued noncompliance and repeat violators. Mr. Tourangeau pointed to specific companies that have prioritized compliance. Representative McNulty stated that he would like conversations with CDPHE and CAPA to continue. Representative Tyler discussed the quantity of fines, number of violations, and continued noncompliance. He further stated that repeat violations may indicate a need for additional education. Representative McFadyen asked Mr. Peterson if increased communication between CAPA and CDPHE is beneficial.

11:04 AM

Mr. Tourangeau stated that continued dialogue is helpful. However, staffing does pose challenges. Senator Renfroe discussed concerns related to stormwater and pollution enforcement. Senator Renfroe also stated concerns about punitive regulation. Representative Merrifield stated the fines are necessary for repeat offenders. Representative McFadyen acknowledged persons in the audience.

11:09 AM

Mr. Robin Toulette, representing himself, discussed pollution in the Fraser Valley. Mr. Toulette discussed air and groundwater pollution problems in the valley. Mr. Peterson stated that the plant operator in the valley has had systematic and continuous work with regulators. Senator Gibbs asked where the plant was located.

11:19 AM

The committee recessed.

11:25 AM -- E-470 Public Highway Authority Update

The committee returned to order.

11:25 AM

Mr. John McCuskey, Deputy Executive Director, E-470 Public Highway Authority, presented to the committee. Mr. McCuskey provided background information on the E-470 Public Highway Authority (E-470 PHA) and its member jurisdictions. He further discussed Colorado toll authorities and their jurisdictions. The E-470 PHA is budgeted for approximately $97 million in 2009 toll revenues. Approximately 84 percent of the E-470 PHA budget is generated through toll revenue. E-470 now offers non-stop toll collection. Handouts were provided to the committee (Attachment E).

11:31 AM

Mr. McCuskey discussed "Bill 1-Modify Toll Evasion Notice Process" (Bill 1). The bill would amend existing violation and transaction processes. Under the bill, permit violation notices will be sent by first class mail, generating cost savings for the E-470 PHA. Mr. McCuskey responded to questions from committee members.

11:36 AM

Representative Baumgardner asked about the costs of a typical violation. Violations occur when transactions are not paid. Representative Baumgardner asked clarifying questions pertaining to Bill 1. Representative Merrifield asked Mr. McCuskey to further elaborate on fines and violations. Representative Vaad asked about other public highways and their costs per mile. Representative Primavera asked Mr. McCuskey to comment on the bill's impact on violation notices. Mr. Joe Donahue, representing the E-470 PHA, responded.

11:43 AM -- Presentation on SH-93 Congestion Reduction

Commissioner Will Toor, Boulder County Commission, Mayor Matthew Applebaum, City of Boulder, and Mayor Jacob Smith, City of Golden, presented to the committee on State Highway 93 (SH-93). A handout was provided to committee members (Attachments F and G). Commissioner Toor and Mayor Applebaum discussed the importance of SH-93 as an economic corridor. SH-93 is pivotal as an entry point to numerous recreational attractions for residents and tourists. Mayor Smith discussed design parameters to correct SH-93 congestion problems. Several key intersections create significant congestion and safety issues.

11:53 AM

Mayor Smith discussed several improvements to achieving congestion reduction along the SH-93 corridor. Commissioner Toor discussed financing. The City of Golden and City of Boulder have conducted preliminary design work. Representative Frangas asked Mayor Applebaum to comment on alternatives and costs.

12:03 PM

Representative Vaad asked Commissioner Toor if any part of the SH-93 plan is integrated with the Denver Council of Regional Governments (DRCOG) transportation plan. Representative Primavera asked if there is regional support from other mayors for the SH-93 congestion reduction plan. Representative Tyler discussed public opposition to the Northwest Parkway. Mayor Smith discussed potential economic development benefits from SH-93. Commissioner Toor discussed integration with long-range transportation planning.

12:12 PM

Senator Gibbs asked Commissioner Toor about his past efforts to improve U.S. Highway 36. Commissioner Toor discussed the importance of a coalition of communities in supporting U.S. Highway 36 improvements. Similar outreach is underway to support SH-93 improvements. Representative Vaad discussed devolving state highways, such as SH-93, to the regional municipalities.

12:19 PM -- Presentation of the Colorado Transportation Blueprint for the New Energy Economy

Mr. Bob Yuhnke, representing the Southwest Energy Efficiency Project (SWEEP), presented to the committee. Mr. Yuhnke discussed Governor Ritter's efforts to promote new energy job growth. He further discussed carbon dioxide emissions originating in the transportation sector. Mr. Yuhnke stated that significant emissions improvements can be made only when emissions decrease relative to population. A handout was provided to the committee (Attachment H).

12:29 PM

Mr. Yuhnke discussed light-duty vehicle emissions. He further discussed advanced federal standards to avoid expected increases due to population growth. Cost and fuel savings strategies were discussed. He further discussed regions of the state with the highest number of vehicle miles traveled (VMT), and potential environmental and economic benefits from transit, transit-oriented development, and tolling.

12:39 PM

Mr. Yuhnke discussed an additional option of exceeding federal emissions standards, specifically by fleet electrification. Mr. Yuhnke compared light duty vehicle emissions for different methods of propulsion. He provided additional information on electric propulsion of motor vehicles. Mr Yuhnke responded to questions from committee members. Representative McNulty discussed the importance of using natural gas for motor vehicle propulsion. He further discussed challenges in developing the state's natural gas resources.

12:50 PM

Representative Vaad asked Mr. Yuhnke to comment on alternative transportation options. Mr. Yuhnke discussed the expected environmental and cost benefits of FasTracks. Senator Renfroe asked Mr. Yuhnke to comment on the handout provided to committee members, specifically regarding the acceptance of climate change theory. Senator Renfroe asked Mr. Yuhnke to discuss potential fee increases called for in the handout. Mr. Yuhnke stated that user fees are preferable because they would be borne by those using the transportation system.

01:00 PM

Senator Williams asked Mr. Yuhnke to discuss his proposal for automobile insurance and related fees set according to VMT. Mr. Yuhnke stated that, under his proposal, fees would be set by VMT and premiums would be based accordingly.

01:05 PM

The committee recessed.

02:23 PM -- Modify Toll Evasion Notice Process

The committee meeting reconvened.

02:24 PM

Jason Gelender, Office of Legislative Legal Services, explained Bill #1 concerning the modification of the toll evasion notice process to the committee. He said that the bill will apply to all public highway authorities and to the I-25 high occupancy lanes operated by the Colorado Department of Transportation (CDOT). He commented on notices of toll violations that are sent to motorists and enforcement of tolling by various tolling entities. He commented on a proposed amendment to the draft bill clarifying the time frame in which payment for toll violations must be made.

02:27 PM

John McCuskey, Deputy Executive Director, E-470 Public Highway Authority, said that the bill will not alter the collection of toll violations that occur in rental cars. He noted that bills are also sent outside of Colorado for nonresident tolling violations.


BILL:	Modify Toll Evasion Notice Process
TIME:	02:34:38 PM
MOVED:	Williams
MOTION:	Moved an amendment to Bill #1 concerning the time frame for the payment of toll violations. The motion passed without objection.
SECONDED:	Spence
		VOTE
	Baumgardner
	Fischer
	Frangas
	King S.
	Kopp
	Looper
	McNulty
	Merrifield
	Primavera
	Renfroe
	Romer
	Spence
	Tyler
	Vaad
	Williams
	Gibbs
	McFadyen

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


BILL:	Modify Toll Evasion Notice Process
TIME:	02:35:43 PM
MOVED:	Looper
MOTION:	Moved that Bill #1 be recommended for introduction, as amended. The motion passed on a 14-0-3 roll call vote.
SECONDED:	Primavera
		VOTE
	Baumgardner	Yes
	Fischer	Yes
	Frangas	Yes
	King S.	Excused
	Kopp	Yes
	Looper	Yes
	McNulty	Yes
	Merrifield	Yes
	Primavera	Yes
	Renfroe	Yes
	Romer	Excused
	Spence	Yes
	Tyler	Yes
	Vaad	Excused
	Williams	Yes
	Gibbs	Yes
	McFadyen	Yes

Not Final YES: 14 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: PASS

02:37 PM -- Reduce Waste Tire Stockpile Risks

Tom Morris, Office of Legislative Legal Services, reviewed proposed Bill #2. He commented on the consolidation of the responsibility for waste tire disposal under the Department of Public Health and Environment in the bill, and funding shifts that would occur under the bill. He noted that there is currently a $1.50 fee for tire disposal. He commented on documents required to legally haul waste tires and the registration of waste tire facilities required in the bill. The committee discussed the waste tire disposal problem in the state and discussed the expense of extinguishing tire fires.

02:52 PM

Kevin Klein, Director, Division of Fire Safety, said that it is important to be aware of the capabilities of local fire departments in addressing tire fires. He commented on the need for the division to receive funding for requirements under the bill. The committee continued discussion of waste tire disposal in Colorado.

03:08 PM

Jesi Dobosz, Legislative Liaison, Colorado Department of Public Health and Environment, thanked committee members who have worked on the development of Bill #2 and said that the department does not yet have a position on the proposed bill, or an estimate of the level of fees that would be assessed under the bill.


BILL:	Reduce Waste Tire Stockpile Risks
TIME:	03:18:40 PM
MOVED:	Looper
MOTION:	Moved that Bill #2 be recommended for introduction. the motion passed on an 8-6-3 roll call vote.
SECONDED:	Primavera
		VOTE
	Baumgardner	Yes
	Fischer	No
	Frangas	Yes
	King S.	Excused
	Kopp	No
	Looper	Yes
	McNulty	Yes
	Merrifield	No
	Primavera	Yes
	Renfroe	No
	Romer	Excused
	Spence	No
	Tyler	No
	Vaad	Excused
	Williams	Yes
	Gibbs	Yes
	McFadyen	Yes

Not Final YES: 8 NO: 6 EXC: 3 ABS: 0 FINAL ACTION: PASS

03:24 PM -- Sales Tax Due Before Vehicle Registration

Representative Tyler explained that stake holders involved with the development of the draft Bill #3 expect that legislation addressing this subject will take a different form than the draft bill, and that the draft bill will not be offered.

03:24 PM

Melissa Kuipers, Colorado Automobile Dealers Association, said that legislation in this subject area should address the inconsistency of sales tax databases that are available to county clerks and automobile dealers. She noted that these databases are used to collect automobile sales tax information. She said that meetings with stake holders to address the database consistency problem are planned, and that the ultimate legislation will most likely come to the transportation committees during the 2010 legislative session.

03:28 PM -- Reserved Parking Disabled Enforcement

Representative Frangas asked that the committee strike much of draft Bill #4 (page 3, line 2, through page 16, line 25) and also strike Section 8 of the bill. He said that this amendment to the draft bill will eliminate fine increases and the creation of administrative boards from the bill. He said that the bill will retain enforcement mechanisms to protect people with disabilities and their ability to use parking spaces reserved for the disabled.


BILL:	Reserved Parking Disabled Enforcement
TIME:	03:45:17 PM
MOVED:	Frangas
MOTION:	Moved to strike page 3, line 2 of the draft bill through page 16, line 25, as well as Section 8 of the bill. the motion passed without objection.
SECONDED:	Fischer
		VOTE
	Baumgardner
	Fischer
	Frangas
	King S.
	Kopp
	Looper
	McNulty
	Merrifield
	Primavera
	Renfroe
	Romer
	Spence
	Tyler
	Vaad
	Williams
	Gibbs
	McFadyen

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


BILL:	Reserved Parking Disabled Enforcement
TIME:	03:59:39 PM
MOVED:	Frangas
MOTION:	Moved that Bill #4 be recommended for introduction, as amended. The motion passed on a 7-4-6 roll call vote.
SECONDED:	McFadyen
		VOTE
	Baumgardner	Excused
	Fischer	Yes
	Frangas	Yes
	King S.	Excused
	Kopp	No
	Looper	Excused
	McNulty	No
	Merrifield	Excused
	Primavera	Yes
	Renfroe	No
	Romer	Excused
	Spence	No
	Tyler	Yes
	Vaad	Excused
	Williams	Yes
	Gibbs	Yes
	McFadyen	Yes

Not Final YES: 7 NO: 4 EXC: 6 ABS: 0 FINAL ACTION: PASS

03:56 PM -- Driver's License and Permit Education

Senator Renfroe said that draft Bill #5 will fix a loophole in the law. He said that persons who are 15 to 16 years old who apply for a driver's permit and subsequently fail to complete the requirements for the permit, are subject to these initial requirements until they reach age 18. However, if such persons had sought a driver's license at 16.5 years old they could have avoided requirements for behind-the-wheel training. The bill will ensure that all persons who are 16.5 years old will receive identical treatment under the law.


BILL:	Driver's License and Permit Education
TIME:	04:00:26 PM
MOVED:	Renfroe
MOTION:	Moved an amendment to the title of Bill #5 to strike "educational" and substitute "behind-the-wheel training." The motion passed without objection.
SECONDED:	King S.
		VOTE
	Baumgardner
	Fischer
	Frangas
	King S.
	Kopp
	Looper
	McNulty
	Merrifield
	Primavera
	Renfroe
	Romer
	Spence
	Tyler
	Vaad
	Williams
	Gibbs
	McFadyen

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


BILL:	Driver's License and Permit Education
TIME:	04:04:57 PM
MOVED:	Renfroe
MOTION:	Moved that Bill #5 be recommended for introduction, as amended. the motion passed on a 10-2-5 roll call vote.
SECONDED:	Kopp
		VOTE
	Baumgardner	Excused
	Fischer	No
	Frangas	Yes
	King S.	Excused
	Kopp	Yes
	Looper	Yes
	McNulty	Yes
	Merrifield	Excused
	Primavera	No
	Renfroe	Yes
	Romer	Excused
	Spence	Yes
	Tyler	Yes
	Vaad	Excused
	Williams	Yes
	Gibbs	Yes
	McFadyen	Yes

Not Final YES: 10 NO: 2 EXC: 5 ABS: 0 FINAL ACTION: PASS

04:11 PM -- Highway Work Zone Accident Reporting

Representative McFadyen commented on Bill #6 and amendments that she would like made to the bill.

04:13 PM

Bobby Juchem, Colorado State Patrol, commented on documents that are produced by the State Patrol relating to traffic fatalities.


BILL:	Highway Work Zone Accident Reporting
TIME:	04:26:37 PM
MOVED:	McFadyen
MOTION:	Moved a conceptual amendment to bill #6 to remove the term "serious bodily injury" from the bill and the title of the bill, to require only CDOT to address its mitigation efforts (rather than contractors) in the annual report to the transportation committees, and to amend page 3, line 10 of the bill regarding law enforcement reporting on work zone fatalities. the motion passed without objection.
SECONDED:	Gibbs
		VOTE
	Baumgardner
	Fischer
	Frangas
	King S.
	Kopp
	Looper
	McNulty
	Merrifield
	Primavera
	Renfroe
	Romer
	Spence
	Tyler
	Vaad
	Williams
	Gibbs
	McFadyen

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


BILL:	Highway Work Zone Accident Reporting
TIME:	04:29:02 PM
MOVED:	McFadyen
MOTION:	Moved that Bill #6 be recommended for introduction, as amended. the motion passed on a 12-0-5 roll call vote.
SECONDED:	Gibbs
		VOTE
	Baumgardner	Excused
	Fischer	Yes
	Frangas	Yes
	King S.	Excused
	Kopp	Yes
	Looper	Yes
	McNulty	Yes
	Merrifield	Excused
	Primavera	Yes
	Renfroe	Yes
	Romer	Excused
	Spence	Yes
	Tyler	Yes
	Vaad	Excused
	Williams	Yes
	Gibbs	Yes
	McFadyen	Yes

Not Final YES: 12 NO: 0 EXC: 5 ABS: 0 FINAL ACTION: PASS

04:29 PM

The committee meeting adjourned.