House Committee on Agriculture, Livestock, & Natural Resources (03/03/2010)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Date:	03/03/2010	ATTENDANCE

Time:	01:40 PM to 07:26 PM	Baumgardner	X
		Curry	X
Place:	HCR 0107	Gardner C.	X
		Hullinghorst	X
This Meeting was called to order by		Looper	X
	Representative Fischer	McKinley	X
		Ryden	*
This Report was prepared by		Solano	X
	Lauren Ris	Sonnenberg	X
		Tipton	X
		Vigil	X
		Pace	X
		Fischer	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB10-034 SB10-038 SB10-019 SB10-052		Amended, Referred to the Committee of the Whole Referred to Appropriations Amended, Referred to the Committee of the Whole Referred to the Committee of the Whole

01:41 PM -- Senate Bill 10-034

Representative Looper, sponsor, presented SB 10-034 concerning the administration of laws regulating pesticides. This bill updates the Pesticide Act to conform with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The key provision of the bill authorizes the Department of Agriculture to regulate pesticide refillers, people who transfer pesticides into reusable containers. Refillers are required keep records and comply with refillable container residue removal requirements established by the Commissioner of Agriculture by rule. The commissioner may exempt certain pesticides from registration requirements and set the pesticide registration date. The bill is effective July 1, 2010. Representative Looper discussed an amendment she planned to offer (Attachment A).

The following individuals testified:

01:49 PM -- Angela Medbery, Colorado Pesticide Network, distributed a handout on the pesticide ingredients (Attachment B). She discussed the importance of having access to information about pesticide ingredients. She answered questions from the committee.

01:56 PM -- John Scott, Pesticide Program Manager in the Department of Agriculture, spoke in favor of the bill. He discussed the need for the bill explaining that the bill is required to comply with federal requirements through FIFRA. He explained the pesticide intert ingredient information requirement.


BILL:	SB10-034
TIME:	02:07:18 PM
MOVED:	Looper
MOTION:	Moved amendment L.005 (Attachment A). The motion passed without objection.
SECONDED:	Gardner C.
		VOTE
	Baumgardner
	Curry
	Gardner C.
	Hullinghorst
	Looper
	McKinley
	Ryden
	Solano
	Sonnenberg
	Tipton
	Vigil
	Pace
	Fischer
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB10-034
TIME:	02:08:29 PM
MOVED:	Looper
MOTION:	Moved to refer Senate Bill 10-034, as amended, to the Committee of the Whole. The motion passed on a vote of 12-0.
SECONDED:	Hullinghorst
		VOTE
	Baumgardner	Yes
	Curry	Yes
	Gardner C.	Yes
	Hullinghorst	Yes
	Looper	Yes
	McKinley	Yes
	Ryden	Excused
	Solano	Yes
	Sonnenberg	Yes
	Tipton	Yes
	Vigil	Yes
	Pace	Yes
	Fischer	Yes
Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:10 PM -- Senate Bill 10-038

Representative Fischer, sponsor, presented SB 10-038 concerning the Organic Certification Act. This bill authorizes the Commissioner of Agriculture to contract with independent inspectors to conduct inspections of organic product producers and handlers under the State Organic Certification Program. The Organic Certification Advisory Board will be increased from 9 to 12 members and include representation from the four categories of organic certification: crop production, livestock production, processing/handling, and wild crop handling.

The following individuals testified:

02:14 PM -- Mitch Yergert, Department of Agriculture, spoke in support of the bill. He responded to questions from the committee regarding the certification of wild crop harvesting. He also discussed the process for organic certification and provided some background on the state's organic program. He discussed need for changes to the Organic Certification Advisory Board. In response to questions from the committee, Mr. Yergert discussed the fees associated with organic certification.

02:25 PM -- Sally Keefe, Aurora Organic Dairy, spoke in support of the bill. She discussed the growth of the organic food industry.


BILL:	SB10-038
TIME:	02:27:56 PM
MOVED:	Fischer
MOTION:	Moved to refer Senate Bill 10-038 to the Committee on Appropriations. The motion passed on a vote of 12-1.
SECONDED:	Hullinghorst
		VOTE
	Baumgardner	Yes
	Curry	Yes
	Gardner C.	Yes
	Hullinghorst	Yes
	Looper	Yes
	McKinley	Yes
	Ryden	Yes
	Solano	Yes
	Sonnenberg	No
	Tipton	Yes
	Vigil	Yes
	Pace	Yes
	Fischer	Yes
Final YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:29 PM -- Senate Bill 10-019

Representative Fischer, sponsor, presented Senate Bill 10-019 concerning the valuation of new hydroelectric energy faciliteis for the purpose of property taxation. The bill, recommended by the Water Resources Review Committee, specifies that for the purposes of property taxation, new hydroelectric energy facilities will be valued using the income approach. Representative Fischer answered questions from the committee regarding changes made in the senate regarding qualifying megawatts from 10 to 5.

The following individuals testified on the bill:

02:37 PM -- JoAnn Groff, Division of Property Taxation in the Department of Local Affairs, responded to questions from the committee regarding the valuation of renewable energy facilities.

02:41 PM -- Nicholas Muller, Executive Director of the Colorado Independent Energy Association, spoke in support of the bill and provided a copy of his written testimony to the committee (Attachment C).

02:45 PM -- Dianna Orf, Colorado Water Congress, spoke in support of the bill.

02:47 PM -- Jen Bolton, Trout Unlimited, spoke in support of the bill with an amendment. She explained Trout Unlimited's support of the bill with a small or low impact standard. She discussed amendment L.012 (Attachment D). The committee discussed the portion of the amendment that inserts language regarding secondary uses of water.

02:57 PM -- Chris Treese, Colorado River Water Conservation District, requested that the bill be amended on page 3 line 21 to replace the word "entrain" with "mortality" and after in insert "facilities on".

03:01 PM -- Ms. Bolton came back to the table to address a questions about whether amendment L.012 creates a secondary water right.

03:05 PM -- Mr. Treese came back to the table to discuss amendment L.012. He explained that the language in the amendment does not remove the value of awater right and does not add the value of a tax incentive.


BILL:	SB10-019
TIME:	03:10:21 PM
MOVED:	Fischer
MOTION:	Moved severed amendment L.012 A, lines 1 and 2 (Attachment D). The motion passed without objection.
SECONDED:	Hullinghorst
		VOTE
	Baumgardner
	Curry
	Gardner C.
	Hullinghorst
	Looper
	McKinley
	Ryden
	Solano
	Sonnenberg
	Tipton
	Vigil
	Pace
	Fischer
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB10-019
TIME:	03:15:29 PM
MOVED:	Fischer
MOTION:	Moved severed amendment L.012 B, lines 3-6 (Attachment D). The motion failed on a vote of 6-7.
SECONDED:
		VOTE
	Baumgardner	No
	Curry	No
	Gardner C.	No
	Hullinghorst	Yes
	Looper	No
	McKinley	No
	Ryden	Yes
	Solano	Yes
	Sonnenberg	No
	Tipton	No
	Vigil	Yes
	Pace	Yes
	Fischer	Yes
Not Final YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	SB10-019
TIME:	03:16:40 PM
MOVED:	Curry
MOTION:	Moved to amend page 3, line 21 of the reengrossed bill to replace and on page 4 line 4 replace "entrainment" with "mortaility" and after "in" to insert "facilities on". The motion passed without objection.
SECONDED:	Fischer
		VOTE
	Baumgardner
	Curry
	Gardner C.
	Hullinghorst
	Looper
	McKinley
	Ryden
	Solano
	Sonnenberg
	Tipton
	Vigil
	Pace
	Fischer
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB10-019
TIME:	03:18:05 PM
MOVED:	Fischer
MOTION:	Moved to refer Senate Bill 10-019, as amended, to the Committee of the Whole. The motion passed on a vote of 12-1.
SECONDED:	Looper
		VOTE
	Baumgardner	Yes
	Curry	Yes
	Gardner C.	Yes
	Hullinghorst	No
	Looper	Yes
	McKinley	Yes
	Ryden	Yes
	Solano	Yes
	Sonnenberg	Yes
	Tipton	Yes
	Vigil	Yes
	Pace	Yes
	Fischer	Yes
Final YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:20 PM -- Senate Bill 10-052

Representative Curry, presented SB10-052, concerning the ability of the groundwater commission to alter the boundaries of a designated groundwater basin. This bill changes the conditions under which the Colorado Groundwater Commission may alter the boundaries of a designated groundwater basin. An area included in a groundwater basin can only be excluded if the revision will not exclude any wells for which conditional or final permits have been issued. The bill takes effect August 11, 2010, if the General Assembly adjourns on May 12, 2010, as scheduled, and no referendum petition is filed. The provisions of the bill will not affect groundwater litigation pending on January 1, 2010.

The following individuals testified on the bill:

03:39 PM -- Mike Shimmin, representing the Marks Butte; Frenchman; Sand Hills; W-Y; Central Yuma; Plains; and the East Cheyenne ground water management districts, spoke in support of the bill and identified the eight designated basins that have been formed in Colorado (Attachment E). He explained that groundwater use in designated basins is regulated according to a modified doctrine of prior appropriation that manages the depletion of these ground water resources. He responded to questions from the committee concerning the impact to Colorado's water compact obligations. He also discussed litigation over the Pioneer Ditch in the Republican River District.

04:04 PM -- Ray Petros, an attorney representing ranches on the North Fork of the Republican River , spoke in opposition to the bill. He distributed a handout describing his concerns on the bill (Attachment F). He responded to questions from the committee regarding impacts to the Republican River Compact.

04:35 PM -- Mike Bohnen, representing himself, spoke in opposition to the bill and expressed concern about the potential impact to his senior surface water right from ground water pumping in the Republican River Basin. He distributed a petition opposed to the bill (Attachment G). He answered questions from the committee.

04:46 PM -- Dan Patten, J Hulton Trust, spoke in opposition to the bill.

04:54 PM -- Kenneth Condrey, representing himself, described the economic impact of the loss of water stored at Bonny Reservoir and spoke in opposition to bill. He responded to questions from the committee.

05:03 PM -- Mike Livingston, representing himself, spoke in opposition to the bill and described the impact he believes pumping groundwater has on streamflow.

05:11 PM -- Mark Lengel, surface water owner, spoke in opposition to the bill.

05:14 PM -- Kevin Rein, Assistant State Engineer Division of Water Resources, explained that the Department of Natural Resources does not have a position on the bill.

05:20 PM -- Robin Wiley, Yuma County, spoke in support of the bill and described programs to address potential impacts from ground water users to surface water users in the Republican River Basin.

05:24 PM -- Terry Hall, Y-W Electric Association, spoke in support of the bill. He explained that he believes the bill would provide certainty to water users.

05:26 PM -- Kurt Soehner, Ray State Bank, spoke in support of the bill and responded to questions from the committee.

05:36 PM -- Trent Bushner, Colorado Corn Growers Association, spoke in support of the bill.

05:40 PM -- Dennis Coryell, Republican River Water Conservation District, spoke in support of the bill and described the regulation of ground water pumping in the Republican River Basin.

05:57 PM -- Nate Midcap, Central Yuma and Sand Hills Groundwater Management Districts, spoke in support of the bill.

05:59 PM -- Joe Knewton, Colorado Agriculture Preservation Association, spoke in support of the bill.

06:07 PM -- Toney Mangus, representing himself, spoke in support of the bill and discussed his history as an irrigator.

06:11 PM -- Andrew Jones, Lost Creek Groundwater Management District, spoke in support of the bill and described the history of ground water use in eastern Colorado. He addressed several of the concerns of bill opponents.

06:23 PM -- Tom Sauter, farmer in Lost Creek Ground Water Management District, spoke in support of the bill.

06:29 PM -- Mark Kokes, Morgan County Quality Water, spoke in support of the bill.

06:34 PM -- Steve Sims, Yuma County Water Authority, spoke in support of the bill and responded to questions from the committee regarding impacts to the Republican River Compact and the affect of pumping groundwater on surface water.

07:02 PM -- Mr. Petros came back to the table to respond to a question from committee about whether remedies to surface water users will be lost with passage of this bill.

07:07 PM -- Mr. Shimmin came back to the table to respond to questions from the committee. He discussed the intention of the legislature regarding the finality of designated groundwater basins.

07:15 PM

The committee recessed.

07:18 PM
The committee reconvened.

07:19 PM

Representative Curry provided closing comments.


BILL:	SB10-052
TIME:	07:21:55 PM
MOVED:	Curry
MOTION:	Moved to refer Senate Bill 10-052 to the Committee of the Whole. The motion passed on a vote of 7-6.
SECONDED:	Sonnenberg
		VOTE
	Baumgardner	Yes
	Curry	Yes
	Gardner C.	Yes
	Hullinghorst	No
	Looper	No
	McKinley	No
	Ryden	Yes
	Solano	No
	Sonnenberg	Yes
	Tipton	Yes
	Vigil	No
	Pace	No
	Fischer	Yes
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS

07:26 PM

The committee adjourned.