House Committee on Transportation & Energy (04/20/2010)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON TRANSPORTATION & ENERGY

Date:	04/20/2010	ATTENDANCE

Time:	03:08 PM to 06:16 PM	Baumgardner	X
		Fischer	X
Place:	HCR 0107	King S.	X
		Looper	*
This Meeting was called to order by		McNulty	X
	Representative McFadyen	Merrifield	E
		Primavera	X
This Report was prepared by		Tyler	X
	Kurt Morrison	Vaad	X
		Frangas	X
		McFadyen	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB10-1187		Committee Vote - Tie Vote

03:08 PM -- House Bill 10-1187

Representative Balmer, prime sponsor of House Bill 10-1187, discussed the merits of the bill. The bill would establish when certain investor-owned public utilities that provide gas and electric services may recover costs to remediate environmental contamination. Representative Balmer responded to questions from committee members. Copies of a handout and Amendment L.001 were provided to the committee (Attachments A and B). Representative Balmer responded to questions from committee members.

03:19 PM

Representative Balmer discussed redevelopment of Brownfield sites. Representative Primavera asked Representative Balmer to provide additional background on the bill.

03:29 PM

Representative Balmer provided background on risk-based closure of Brownfield sites.

03:30 PM

Mr. Gene Camp and Commissioner Ron Binz, representing the Public Utilities Commission (PUC), responded to questions from committee members. A handout was provided to the committee (Attachment C). Representative Tyler asked Mr. Camp to comment on intervenors to the Public Utilities Commission rule promulgation process.

03:41 PM

Mr. Camp asked Representative Balmer about the bill's application to public utility companies.

03:48 PM

Representative McFadyen asked for witnesses to testify regarding the bill.

03:49 PM -- Ms. Paula Connelly, Mr. Jim Spaanstra, and Ms. Kristen Carney, representing Xcel Energy, testified in opposition to the bill. Ms. Connelly stated concerns regarding the bill.

03:58 PM

Ms. Connelly responded to questions from committee members. Representative McFadyen asked Ms. Connelly to comment on indemnification for liability resulting from disturbing environmental contaminants.

04:09 PM

Mr. Spaanstra commented on Brownfield redevelopment. Mr. Spaanstra responded to questions from committee members. Representative Tyler asked Mr. Spaanstra and Ms. Connelly to comment on PUC rule-making processes.

04:20 PM

Mr. Spaanstra commented on examples of Brownfield redevelopment projects.

04:23 PM -- Mr. Peter Minahan, representing Black Hills Energy, testified in opposition to the bill. Mr. Minahan responded to questions from committee members.

04:29 PM -- Mr. Bob Moody, Mr. John Putnam, and Ms. Polly Jessen, representing the National Association of Industrial and Office Properties (NAIOP), testified in support of the bill. Mr. Moody provided background on Brownfield redevelopment and environmental remediation costs. Mr. Moody responded to questions from committee members.

04:39 PM

Representative Fischer discussed environmental contamination and developer responsibilities for remediation. Mr. Putnam discussed specific sections of the bill.

04:49 PM

Representative Tyler asked Mr. Putnam to comment on street development and environmental remediation.

04:56 PM

Mr. Moody read a letter from Ms. Jill Farnham, representing the Fitzsimmons Redevelopment Authority, in support of the bill.

05:02 PM -- Ms. Katy Dunn, representing Forest City Stapleton, testified in support of the bill. Ms. Dunn responded to questions from committee members. Representative Vaad asked Ms. Dunn to comment on environmental remediation incentives.

05:13 PM -- Mr. Jesse Silverstein, representing the Colorado Brownfields Association, testified in support of the bill. Mr. Silverstein responded to questions from committee members.

05:21 PM -- Ms. Polly Jessen, representing NAIOP, testified in support of the bill. Ms. Jessen responded to testimony provided regarding remediation liability.

05:32 PM

Ms. Jessen responded to concerns regarding public utility companies and liability for remediation. Ms. Jessen responded to questions from committee members.

05:42 PM

Mr. Spaanstra and Ms. Carney responded to questions from the committee. Ms. Carney commented on environmental remediation requirements and worker safety concerns.

05:52 PM

Mr. Putnam and Ms. Jessen responded to Mr. Spaanstra's and Ms. Carney's testimony. Mr. Putnam discussed the bill's impact on remediation activities and provided background on environmental contamination of Brownfield sites.

05:59 PM

Representative McFadyen asked for amendments to the bill.


BILL:	HB10-1187
TIME:	06:00:00 PM
MOVED:	Looper
MOTION:	Moved amendment L.001 (Attachment B). The motion passed without objection.
SECONDED:	McNulty
		VOTE
	Baumgardner
	Fischer
	King S.
	Looper
	McNulty
	Merrifield	Excused
	Primavera
	Tyler
	Vaad
	Frangas
	McFadyen

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1187
TIME:	06:12:00 PM
MOVED:	McNulty
MOTION:	Moved to refer House Bill 10-1187, as amended, to the Committee on Appropriations. The motion failed on a 5-5 roll call vote.
SECONDED:	Baumgardner
		VOTE
	Baumgardner	Yes
	Fischer	No
	King S.	Yes
	Looper	Yes
	McNulty	Yes
	Merrifield	Excused
	Primavera	No
	Tyler	No
	Vaad	Yes
	Frangas	No
	McFadyen	No

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

06:16 PM

The committee adjourned.