Bill Summary for Bill Number HB12-1105

Date: 01/30/2012

Final
BILL SUMMARY for HB12-1105

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Votes: View-->	Action Taken:
Moved amendment L.001 (Attachment D). The motion p Moved to refer House Bill 12-1105, as amended, to	Pass Without Objection PASS

02:15 PM -- House Bill 12-1105

Representative Becker, bill sponsor, presented House Bill 12-1105, which establishes that wind energy rights are not severable from the surface estate to real property in Colorado. Under the bill, development of wind energy rights is accomplished through a wind energy agreement, which may be styled as a lease, license, easement, or other grant or reservation, but must be evidenced in the real property records of the clerk and recorder in the county where the subject land is located. The bill also defines the procedure for release from a wind energy agreement that has terminated and for reversion of wind energy rights that have been undeveloped for a continuous period of ten years. State and local taxation of wind energy rights and wind energy agreements is prohibited under the bill. Equipment and generated electricity are also not subject to taxation until wind energy production commences.

The following individuals testified:

02:17 PM -- Troy Bredenkamp, Colorado Farm Bureau, spoke in support of the bill.

02:18 PM -- Ed Bowditch, Rocky Mountain Farmers Union, spoke in support of the bill and explained that Wyoming has a similar policy.

02:19 PM -- K.K. DuVivier, on behalf of herself, spoke in support of the bill and discussed other states that have banned severance of wind from surface ownership. She provided Attachment B. Ms. DuVivier answered questions from the committee. She distributed Attachments B and C.

02:32 PM -- Andy Karsian, Colorado Counties, Inc, spoke in support of the bill and answered questions from the committee.

02:35 PM -- Craig Cox, Interwest Energy Alliance, spoke in support of the bill.

02:37 PM

Alax Schatz, Legislative Council Staff, spoke about the expenditure impacts in the fiscal note.

02:40 PM -- JoAnn Groff, Property Tax Administrator, Department of Local Affairs, spoke about the effect of Amendment L.001 and indicated her support for the amendment. Ms. Groff answered questions from the committee.


BILL:	HB12-1105
TIME:	02:46:13 PM
MOVED:	Baumgardner
MOTION:	Moved amendment L.001 (Attachment D). The motion passed without objection.
SECONDED:	Fischer
		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:	HB12-1105
TIME:	02:46:31 PM
MOVED:	Baumgardner
MOTION:	Moved to refer House Bill 12-1105, as amended, to the Committee of the Whole. The motion passed on a vote of 13-0.
SECONDED:	Wilson
		VOTE
	Brown	Yes
	Coram	Yes
	Fischer	Yes
	Jones	Yes
	Looper	Yes
	McKinley	Yes
	Ryden	Yes
	Scott	Yes
	Vaad	Yes
	Vigil	Yes
	Wilson	Yes
	Baumgardner	Yes
	Sonnenberg	Yes

Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS