House Committee on Local Government (03/14/2012)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON LOCAL GOVERNMENT

Date:	03/14/2012	ATTENDANCE

Time:	10:55 AM to 12:38 PM	Balmer	X
		Conti	*
Place:	HCR 0111	Fields	X
		Gardner B.	X
This Meeting was called to order by		Labuda	X
	Representative Bradford	Lee	X
		Pace	X
This Report was prepared by		Soper	X
	Raegan Robb	Swerdfeger	X
		Szabo	X
		Bradford	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB12-031 SB12-133		Amended, Referred to the Committee of the Whole Referred to the Committee of the Whole

10:56 AM

Representative Bradford, committee chair, called the meeting to order.

10:57 AM -- Senate Bill 12-031

Representative Bradford, co-prime sponsor, presented Senate Bill 12-031, concerning Federal Mineral Lease (FML) districts. Representative Bradford explained that the bill modifies state law regarding FML districts, which were created under House Bill 11-1218. She explained that the bill alters both the board membership and powers of a district so a district is independent from the county that created it. Representative Bradford discussed the need for the bill to prevent FML revenue from reducing Payments in Lieu of Taxes (PILT) to counties. PILT payments are distributed to local governments to help offset property tax losses from the amount of federal lands within county borders. She explained the distribution formula of FML revenue, which was altered under Senate Bill 08-218, and the impact of FML revenue on PILT payments distributed to counties. Representative Bradford addressed questions from the committee concerning PILT payments.

11:01 AM

Andrew Gorgey, Garfield County Attorney, testified in support of the bill and discussed the need to improve state law guiding FML districts created under House Bill 11-1218. Mr. Gorgey discussed the functions of FML districts and talked about the need for counties to maximize PILT revenue. Mr. Gorgey discussed L.001 (Attachment A) and addressed questions from the committee. The committee members received prepared amendment L.001.

11:08 AM

Gregg Rippy, President of the Garfield County FML District, testified in support of the bill and discussed the need for the bill in order to prevent the reduction of PILT payments from FML revenue.

11:11 AM

Andy Karsian, representing Colorado Counties Inc., testified in support of the bill and discussed the need to clarify state law guiding FML districts. Mr. Karsian discussed the need for counties and FML districts to maximize federal dollars and addressed questions from the committee concerning the distribution of FML revenue and PILT payments to counties.

11:13 AM

Dianna Orf, representing the Associated Governments of Northwest Colorado (AGNC), testified in support of the bill and distributed a letter from the Rio Blanco Board of County Commissioners supporting the bill (Attachment B). Ms. Orf read the letter from Rio Blanco County and explained the need for the bill to the committee.

11:15 AM

Bruce Eisenhauer, Deputy Director of the Department of Local Affairs, testified in support of the bill and discussed the distribution formula of FML revenue, which was altered under Senate Bill 08-218. Mr. Eisenhauer discussed the distribution formula under Senate Bill 08-218 and responded to questions from the committee concerning FML revenue and PILT payments to counties.

11:18 AM

Representative Bradford discussed prepared amendment L.001 (Attachment A).

11:19 AM

The La Plata County Board of County Commissioners submitted a letter supporting Senate Bill 12-031 (Attachment C).


BILL:	SB12-031
TIME:	11:20:48 AM
MOVED:	Bradford
MOTION:	Moved amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:	Szabo
		VOTE
	Balmer
	Conti
	Fields
	Gardner B.
	Labuda
	Lee
	Pace
	Soper
	Swerdfeger
	Szabo
	Bradford

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

11:21 AM

Representative Bradford made closing comments on the bill.


BILL:	SB12-031
TIME:	11:21:45 AM
MOVED:	Bradford
MOTION:	Moved to refer Senate Bill 12-031, as amended, to the Committee of the Whole. The motion passed on a vote of 10-0, with 1 excused.
SECONDED:	Conti
		VOTE
	Balmer	Yes
	Conti	Yes
	Fields	Yes
	Gardner B.	Excused
	Labuda	Yes
	Lee	Yes
	Pace	Yes
	Soper	Yes
	Swerdfeger	Yes
	Szabo	Yes
	Bradford	Yes

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

11:23 AM

The committee stood in a brief recess.

11:27 AM

The committee returned from recess.

11:28 AM -- Senate Bill 12-133

Representative Coram, prime sponsor, presented Senate Bill 12-133, concerning the diversion of electronic devices from landfills. Representative Coram discussed the need to keep waste from electronic devices, also known as "e-waste," from being disposed of in landfills.

11:30 AM

Shaun Pearman, representing Action Recycling, testified against the bill and discussed problems with the banning e-waste in landfills, which would become effective July 1, 2013, according to the bill. Mr. Pearman discussed ongoing litigation involving R2 and E-Steward, which are listed by the bill to adopt rules concerning recycling standards and allowable certifications of recyclers. He discussed the landfill ban under the bill and talked about the need to include all e-waste instead of having some exceptions in state law. Mr. Pearman addressed questions from the committee concerning the loss of local "tipping" fees for disposing of e-waste by recycling centers and the state oversight by the Colorado Department of Public Health and Environment (CDPHE) over landfills and e-waste recycling centers.

11:44 AM

Dianna Orf, representing the Associated Governments of Northwest�Colorado�(AGNC), testified against the bill and talked about e-waste in county landfills. Ms. Orf responded to questions from the committee and discussed problems with e-waste and the cost of transporting e-waste from rural counties in Colorado.

11:50 AM

Charles Johnson, representing the Solid and Hazardous Waste Commission within the CDPHE, addressed the committee to provide information on the bill and responded to questions from the committee concerning whether a state certification of recyclers is needed. Committee discussion ensued concerning provisions in the bill that allow the Department of Corrections to refurbish e-waste products for reuse. Mr. Johnson responded to questions concerning pollution caused by e-waste in landfills and discussed prepared amendment L.006 (Attachment D).

11:58 AM

Marjorie Griek, Executive Director of the Colorado Association for Recycling (CAFR), testified in support of the bill and discussed the need to keep e-waste out of landfills. Ms. Griek discussed the implementation of the landfill ban and talked about the process for counties to become exempt from the ban. Ms. Griek explained that 17 other states have bans on e-waste in landfills and discussed the statewide education program that would be implemented under the bill.

12:05 PM

Andy O'Riley, representing Blue Star Recyclers, testified in support of the bill and explained the importance of improving access to electronic devices in order to create more jobs for recycling companies. Mr. O'Riley responded to questions concerning the recycling industry and the potential for more jobs for processing e-waste in the state.

12:14 PM

Eric Anderson, representing Metech Recycling, testified in support of the bill and discussed the jobs created in the recycling industry to process e-waste. Mr. Anderson addressed questions from the committee concerning e-waste collection events and the costs of transporting e-waste from rural areas in the state.

12:18 PM

Henry Renteria-Vigil, representing R2 Stewardship, testified in support of the bill and discussed the relationship between e-waste and job growth in the recycling industry. Mr. Vigil responded to questions from the committee and discussed the value of e-waste and the importance of certification for recycling companies that collect e-waste.

12:30 PM

Moira Cullen, representing Goodwill Industries of Denver, testified in support of the bill.

12:30 PM

Michelle Fuller, representing herself, testified in support of the bill and talked about the need to keep e-waste out of landfills in Colorado.

12:32 PM

Representative Coram made closing comments on the bill. Discussion from the committee ensued concerning various issued in the bill.


BILL:	SB12-133
TIME:	12:36:17 PM
MOVED:	Labuda
MOTION:	Moved to refer Senate Bill 12-133 to the Committee of the Whole. The motion passed on a vote of 9-0, with 2 excused.
SECONDED:	Lee
		VOTE
	Balmer	Excused
	Conti	Excused
	Fields	Yes
	Gardner B.	Yes
	Labuda	Yes
	Lee	Yes
	Pace	Yes
	Soper	Yes
	Swerdfeger	Yes
	Szabo	Yes
	Bradford	Yes

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

12:38 PM

The committee adjourned.