Joint Committee Committee on Joint Agriculture and Natural Resources (02/01/2012)

Final
STAFF SUMMARY OF MEETING

COMMITTEE ON JOINT AGRICULTURE AND NATURAL RESOURCES

Date:	02/01/2012	ATTENDANCE

Time:	07:31 AM to 08:53 AM	Baumgardner	X
		Brophy	E
Place:	HCR 0107	Brown	X
		Carroll	X
This Meeting was called to order by		Coram	X
	Senator Schwartz	Fischer	X
		Giron	X
This Report was prepared by		Grantham	X
	David Beaujon	Harvey	E
		Jones	X
		Looper	X
		McKinley	E
		Ryden	X
		Scott	X
		Tochtrop	X
		Vaad	E
		Vigil	X
		Wilson	X
		Sonnenberg	X
		Schwartz	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HJR11-1025 Hearing on Nutrients - cont.		Briefing only

07:32 AM -- HJR11-1025 Hearing on Nutrients - continued

Pursuant to House Joint Resolution 11-1025, the Water Quality Control Division (WQCD ) is encouraged to present its strategy to address nutrient regulations to a joint meeting of the Senate Agriculture, Natural Resources, and Energy Committee and the House Agriculture, Livestock, and Natural Resources Committee. The committees met with the WQCD on January 25 to discuss the proposed nutrient regulations. Today's meeting was scheduled to hear additional information about the cost of complying with the proposed regulation and to answer additional questions from the committee.

07:33 AM

Dr. Chris Urbina, Executive Director, Colorado Department of Public Health and Environment (CDPHE), thanked the committee for the opportunity to continue the discussion on the proposed nutrient regulations and identified issues that the WQCD planned to address at today's meeting.

07:35 AM

Steve Gunderson, Director, WQCD, announced that the Water Quality Control Commission (WQCC) will consider the adoption of revisions to the Basic Standards and Methodologies for Surface Water, Regulation #31 (5 CCR 1002-31) and the adoption of a new Nutrients Management Control Regulation, Regulation #85 on March 12 through March 14, 2012 at the CDPHE's Denver Office. For more information about this hearing go to http://www.cdphe.state.co.us/op/wqcc/Hearings/Rulemaking/31_85nutrients/Nutrients.html.

07:37 AM

Dave Akers, WQCD, identified the benefit-cost ratio for complying with the proposed regulation by major river basin in the state (Attachment A). He also responded to questions from the committee about how affected nutrient dischargers would pay for improvements to water treatment facilities in order to comply with the proposed regulation.

07:47 AM

Mr. Gunderson responded to questions from the committee about what would happen if the state does not control nutrients and the possibility of federally imposed regulations if Colorado does not control nutrient discharges. He also identified the total cost of implementing the proposed regulations and the cost to drinking water providers if nutrients are not controlled.

07:52 AM

Mr. Akers responded to questions from the committee about the methodology of study used to assess the cost and benefits of the proposed nutrient regulation and the effect of the proposed regulation on industrial dischargers.

07:52 AM

Dr. Urbina described the potential impacts from nutrients on recreation, the environment, and drinking water treatment facilities. Mr. Gunderson described the impact of nutrients on drinking water treatment facilities. He also identified reservoirs and lakes in Colorado where nutrients are currently controlled including Dillon, Cherry Creek, and Chatfield Reservoirs.

07:58 AM

Dr. Urbina described potential human health impacts from nutrients and by-products from treating nutrient laden waters to meet drinking water standards. Mr. Gunderson responded to questions from the committee about naturally occurring nutrients and historic measures of nutrients in waters of the state. Mr. Akers responded to questions about sources of nutrients impacting the clarity of Grand Lake, the effect of geese on nutrient levels, and other naturally occurring nutrients. He identified potential sources of moneys to pay for water treatment improvements to reduce nutrient discharges including user fees and low interest loans and grants from state and federal entities. He also explained that the proposed regulation provides an exemption for disadvantaged communities from the proposed nutrient regulation and he discussed the scientific basis for assessing impacts from nutrients and the peer review of these studies.

08:18 AM

Mr. Akers identified the amount of nutrients that would be controlled by the proposed regulation and discussed the cost per facility and how those costs change for larger treatment facilities. He also identified the cost per single family equivalent of complying with the regulation (Attachment B).

08:28 AM

Mr. Gunderson responded to questions about why the proposed regulations would not apply to all nutrient dischargers and opportunities to use incentives to encourage unregulated nutrient dischargers to control nutrients.

08:34 AM

John Salazar, Commissioner of Agriculture, Colorado Department of Agriculture, explained that he served in Congress for six years and discussed his efforts to address federal environmental regulations. He explained that state regulation of nutrients may preclude more stringent or less flexible federal regulations. He also explained that agricultural dischargers of nutrients are exempt from the proposed regulation and described best management practices that may reduce nutrient runoff from agricultural operations. He also responded to questions about how best management practices for agriculture may reduce nutrient runoff. He also discussed Executive Order D 2011-005 and responded to questions about the Governor's position on the proposed nutrient regulations.

08:48 AM

Dr. Urbina responded to questions from the committee about the consistency of the proposed nutrient regulation with Governor's Executive Order D 2011-005. Mr. Akers responded to questions about opportunities for nutrient trading to control nutrients from unregulated sources.

08:51 AM

Commissioner Salazar responded to questions from the committee about the ability of local governments to regulate nutrients related to agricultural runoff.

08:51 AM

The meeting adjourned.