House Committee on Agriculture, Livestock, & Natural Resources (02/27/2012)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Date:	02/27/2012	ATTENDANCE

Time:	01:30 PM to	Brown	X
		Coram	X
Place:	HCR 0107	Fischer	X
		Jones	*
This Meeting was called to order by		Looper	*
	Representative Sonnenberg	McKinley	X
		Ryden	*
This Report was prepared by		Scott	X
	Lauren Ris	Vaad	X
		Vigil	X
		Wilson	X
		Baumgardner	X
		Sonnenberg	*
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB12-048 SB12-009 SB12-097 HB12-1317		Amended, Referred to the Committee of the Whole Referred to Finance Amended, Referred to the Committee of the Whole Witness Testimony and/or Committee Discussion Only

01:31 PM -- Senate Bill 12-048

Representative Coram, bill sponsor, presented Senate Bill 12-048, which creates the "Colorado Cottage Foods Act" (Act). The Act allows producers of nonpotentially hazardous foods to use their home, commercial, or public kitchens to produce foods to sell directly to the ultimate consumers. Nonpotentially hazardous foods are defined in current law as any food or beverage that, when stored under normal conditions without refrigeration, will not support the rapid and progressive growth of microorganisms that cause food infections or food intoxications. The Act limits these foods to spices, teas, dehydrated produce, nuts, seeds, honey, jams, jellies, preserves, fruit butter, and baked goods, including candies. The bill limits a vendor to $5,000 per calendar year from each eligible food product.

The following individuals testified on the bill:

01:36 PM -- Natalie Conklin, spoke in opposition to the bill and discussed provisions in the bill concerning home kitchens. Ms. Conklin answered questions from the committee concerning the $5,000 cap in the bill.

01:43 PM -- Jennifer Honegger, spoke in opposition to the bill and discussed the rental rate provisions in the bill. She answered questions from the committee.

01:56 PM -- Brent Boydston, Colorado Farm Bureau, spoke in support of the bill and answered questions concerning the cost cap in the bill.

01:59 PM -- Lee Swenson, Rocky Mountain Farmers Union, spoke in support of the bill.

02:01 PM -- Glenn Sommer, Western Colorado Congress, spoke in support of the bill and spoke about the impacts to local economies.

02:03 PM -- Monica Wiitanen, representing herself, spoke in support of the bill and discussed her experiences as a home producer.


BILL:	SB12-048
TIME:	02:10:01 PM
MOVED:	Brown
MOTION:	Moved amendment L.004 (Attachment A). The motion passed on a vote of 9-3.
SECONDED:	Looper
		VOTE
	Brown	Yes
	Coram	Yes
	Fischer	No
	Jones	No
	Looper	Yes
	McKinley	Yes
	Ryden	No
	Scott	Yes
	Vaad	Excused
	Vigil	Yes
	Wilson	Yes
	Baumgardner	Yes
	Sonnenberg	Yes

YES: 9 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:	SB12-048
TIME:	02:16:50 PM
MOVED:	Coram
MOTION:	Moved to refer Senate Bill 12-048, as amended, to the Committee of the Whole. The motion passed on a vote of 12-0.
SECONDED:	Baumgardner
		VOTE
	Brown	Yes
	Coram	Yes
	Fischer	Yes
	Jones	Yes
	Looper	Yes
	McKinley	Yes
	Ryden	Yes
	Scott	Yes
	Vaad	Excused
	Vigil	Yes
	Wilson	Yes
	Baumgardner	Yes
	Sonnenberg	Yes

Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:18 PM -- Senate Bill 12-009

Representative Swerdfeger, bill sponsor, presented Senate Bill 12-009, which was recommended by the Water Resources Review Committee during the 2011 interim. The bill creates the water resources cash fund, intended primarily for administrative uses by the Division of Water Resources (DWR) in the Department of Natural Resources (DNR). The bill consolidates into the water resources cash fund six existing cash funds—the Water Data Bank Cash Fund, the Division of Water Resources Publication Cash Fund, the Division of Water Resources Groundwater Management Cash Fund, the Groundwater Publication Fund, the Gravel Pit Lakes Augmentation Fund, and the Well Enforcement Cash Fund—eliminating those existing cash funds.

The following individuals spoke in support of the bill:

02:21 PM -- Mike Sullivan and Pat Miks, Division of Water Resources, spoke in support of the bill and explained how the bill would consolidate funds in the division.

02:24 PM -- Julie McKenna, Colorado Water Congress and the Northern Colorado Water Conservancy District, spoke in support of the bill and discussed how the bill will allow the division to make required budget cuts without disrupting their service.


BILL:	SB12-009
TIME:	02:26:24 PM
MOVED:	Brown
MOTION:	Moved to refer Senate Bill 12-009 to the Committee on Finance. The motion passed on a vote of 11-0.
SECONDED:	Wilson
		VOTE
	Brown	Yes
	Coram	Yes
	Fischer	Yes
	Jones	Yes
	Looper	Excused
	McKinley	Yes
	Ryden	Yes
	Scott	Yes
	Vaad	Excused
	Vigil	Yes
	Wilson	Yes
	Baumgardner	Yes
	Sonnenberg	Yes

Final YES: 11 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

02:28 PM -- Senate Bill 12-097

Representative Sonnenberg, presented Senate Bill 12-097, which creates a simplified procedure for applications to change a surface water point of diversion. Under current law, all changes of water rights, including changes in points of diversion, must be adjudicated. The bill allows surface point of diversion changes to be made under a simplified procedure if: the diversion point is not combined with or includes any other type of water right change; there are no other points of diversion between the new point of diversion and the diversion point from which the change is being made; and there are no intervening points of water inflow or discharge. The bill provides for the presumption that the change will not result in a greater amount of water decreed under the water right, however, this presumption may still be challenged in court.

The following individuals testified on the bill:

02:30 PM -- Emily Hunt, City of Thornton, spoke in support of the bill and discussed why changing a point of diversion would benefit Thornton. She also explained the number of water users across the state who are in a similar situation of needing to change a point of diversion and would otherwise be required to go to Water Court. Ms. Hunt answered questions from the committee about whether the bill would impact existing water right holders.

02:40 PM -- Sarah Borgers, City of Brighton, spoke in support of the bill.

02:41 PM -- Kent Holsinger, Colorado Cattlemans Association and Montezuma Valley Irrigation Company, spoke in support of the bill.

02:43 PM -- Chris Treese, Colorado River Water Conservation District, spoke in support of the bill and discussed Amendment L.002 (Attachment B).

02:45 PM -- Marjorie Sant, Farmers Reservoir and Irrigation Company, spoke in support of the bill and discussed a headgate in Burlington that was subject to a water rights change.

02:49 PM -- Joanne Herlihy, Colorado Water Congress, spoke in support of the bill and indicated support for Amendment L.002.


BILL:	SB12-097
TIME:	02:51:24 PM
MOVED:	Sonnenberg
MOTION:	Moved amendment L.002 (Attachment B). The motion passed without objection.
SECONDED:	Brown
		VOTE
	Brown
	Coram
	Fischer
	Jones
	Looper
	McKinley
	Ryden
	Scott
	Vaad
	Vigil
	Wilson
	Baumgardner
	Sonnenberg

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


BILL:	SB12-097
TIME:	02:51:58 PM
MOVED:	Sonnenberg
MOTION:	Moved to refer Senate Bill 12-097, as amended, to the Committee of the Whole. The motion passed on a vote of 12-0.
SECONDED:	Brown
		VOTE
	Brown	Yes
	Coram	Yes
	Fischer	Yes
	Jones	Yes
	Looper	Yes
	McKinley	Yes
	Ryden	Yes
	Scott	Yes
	Vaad	Excused
	Vigil	Yes
	Wilson	Yes
	Baumgardner	Yes
	Sonnenberg	Yes

Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:53 PM -- House Bill 12-1317

Representative Sonnenberg, bill sponsor, presented House Bill 12-1317. The bill replaces the Parks and Wildlife Board in the Department of Natural Resources with the Parks and Wildlife Commission. The commission is comprised of 11 voting members to be appointed by the Governor and two nonvoting ex officio members — the Executive Director of the Department of Natural Resources and the Commissioner of the Department of Agriculture. The bill specifies that the appointed members must represent various geographical regions in the state and certain areas of interest or knowledge. Initial term lengths are staggered to reduce the impact to the board that results from member turnover. The commission is required to meet at least monthly and must submit a five-year strategic plan by December 31, 2013. For every year that is included in the strategic plan, the commission is required to submit an annual report to the House Agriculture, Livestock, and Natural Resources Committee and the Senate Agriculture, Natural Resources, and Energy Committee. Representative Sonnenberg requested that after testimony, the bill be laid over to consider amendments. Representative Sonnenberg answered questions from the committee concerning the membership of the commission.

The following individuals testified on the bill

03:16 PM -- Dick Ray, Colorado Outfitters Association, spoke in opposition to the bill and spoke about the need for outfitters to be represented on the commission and distributed Attachment C. Mr. Ray answered questions from the committee.

03:24 PM -- Denny Behrens, Colorado Mule Deer Association, spoke in opposition to the bill and discussed the value that sportsmen bring to the commission and distributed Attachments D and E. Mr. Behrens answered questions from the committee.

03:41 PM -- Matt Sandler, Rocky Mountain Wild, spoke in opposition to the bill and discussed his organization's recommendations for commission membership. Mr. Sandler answered questions from the committee.

03:54 PM -- Steve Bonowski, Colorado Mountain Club, spoke about his organization's activities and indicated his support for the commission to include representation for a person with nonmotorized interests. Mr. Bonowski and answered questions from the committee.

04:09 PM -- Randy Moormann, Colorado Environmental Coalition, spoke in opposition to the bill and discussed the activities of the organization. He explained opportunities for public comment that were provided and the resulting proposal for commission membership. He discussed usage of State Parks and Mr. Moormann answered questions from the committee concerning commission membership.

04:20 PM -- David Nickum, Colorado Trout Unlimited, spoke in opposition to the bill and discussed the areas of expertise represented on the commission.

04:27 PM -- Nancy Stocker, representing herself, spoke in opposition to the bill and discussed the purpose of the commission. Ms. Stocker answered questions from the committee.

04:32 PM -- Suzanne O'Neill, Colorado Wildlife Federation, spoke in opposition to the bill and discussed the membership of the commission. Ms. O'Neill answered questions from the committee.

04:39 PM -- Ron Harden, Fort Collins Audubon Society, spoke in opposition to the bill.

04:43 PM -- Polly Reetz, Audubon Society of Greater Denver, spoke in opposition to the bill and explained that her organization supported the commission's original proposal for commission members. She also indicated support for two members on the commission that represent nonconsumptive uses.

04:49 PM -- Jen Boulton, Colorado Audubon, spoke in opposition to the bill and discussed the membership of the commission.

04:53 PM -- Ivan James, Colorado Bowhunters Association, spoke about the membership of the commission and provided some suggestions for alternative membership.

04:58 PM -- Mike King, Department of Natural Resources, spoke about the make-up and role of the commission. He spoke about the need for some clarifying amendments in the bill concerning defining "eastern plains" and providing more flexibility in the number of commission meetings required. Mr. King answered questions from the committee.

05:15 PM -- Terry Fahkauser, Colorado Cattlemen's Association, spoke in support of the bill and discussed the membership of the commission.

05:20 PM -- Dan Hodges, Colorado Springs Utilities, spoke in support of the bill and discussed the perspective of the water providers.

05:23 PM -- Eddie Kochman, representing himself, spoke in support of the bill and discussed the agriculture and energy interests in relation to commission membership. He also discussed the strategic planning provisions in the bill. Mr. Kochman answered questions from the committee.

05:32 PM -- Brent Boydston, Colorado Farm Bureau, spoke in support of the bill and discussed the agriculture interests on the commission.

05:35 PM -- Lee Swenson, Rocky Mountain Farmers Union, spoke about the need for the legislation but indicated provisions in the bill he would change.

05:38 PM -- Scott Jones, Colorado Off-Highway Vehicles Coalition, and spoke about public meetings that he attended concerning the division.

05:41 PM -- Chris Roe, Colorado Wildlife Advisory Committee, spoke in support of the bill and discussed some of the requirements in the bill for serving as a commission member representing the sportsmen. Mr. Roe answered questions from the committee.

05:52 PM -- Garin Vorthmann, Colorado Oil and Gas Association, spoke in support of the provisions of the bill that include energy representation on the commission.

05:53 PM

House Bill 12-1317 was laid over.

05:57 PM

The committee adjourned.