House Committee on Agriculture, Livestock, & Natural Resources (01/23/2012)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Date:	01/23/2012	ATTENDANCE

Time:	01:32 PM to 03:39 PM	Brown	X
		Coram	X
Place:	HCR 0107	Fischer	X
		Jones	*
This Meeting was called to order by		Looper	E
	Representative Sonnenberg	McKinley	X
		Ryden	X
This Report was prepared by		Scott	X
	Lauren Ris	Vaad	X
		Vigil	X
		Wilson	X
		Baumgardner	*
		Sonnenberg	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Fiscal Note Introductions JBC Recommendations DNR Budget Recommendations HB12-1032 Sunset Forest Restoration Technical Advisory Panel HB12-1010 HB12-1022		Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Referred to Appropriations Witness Testimony and/or Committee Discussion Only Referred to the Committee of the Whole Referred to the Committee of the Whole

01:34 PM -- Fiscal Note Introductions

Clare Pramuck and Kirk Mlinek, Legislative Council Staff, provided an overview of the fiscal note process and the role of fiscal analysts.

01:40 PM -- Department of Agriculture Recommendations to the Joint Budget Committee

Representative Vaad offered some overarching comments about strategic planning and the need to plan for economic downturns.

01:44 PM -- John Salazar and Tom Lipinski, Department of Agriculture, responded to Representative Vaad's comments about the need to plan for economic downturns.

01:53

In response to questions from the committee, the Commissioner Salazar spoke about the types of agricultural byproducts that can be used for hydraulic fracturing and explained the department's efforts to promote these products.


BILL:	JBC Recommendations
TIME:	01:54:12 PM
MOVED:	Brown
MOTION:	The committee moved to support the Department of Agriculture's strategic plan. The motion passed on a vote of 12-0.
SECONDED:	Fischer
		VOTE
	Brown	Yes
	Coram	Yes
	Fischer	Yes
	Jones	Yes
	Looper	Excused
	McKinley	Yes
	Ryden	Yes
	Scott	Yes
	Vaad	Yes
	Vigil	Yes
	Wilson	Yes
	Baumgardner	Yes
	Sonnenberg	Yes

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


BILL:	JBC Recommendations
TIME:	01:56:48 PM
MOVED:	Brown
MOTION:	Moved to support the Department of Agriculture's FY 2012-13 budget request as submitted to the Office of State Planning and Budgeting. The motion passed on a vote of 12-0.
SECONDED:	Coram
		VOTE
	Brown	Yes
	Coram	Yes
	Fischer	Yes
	Jones	Yes
	Looper	Excused
	McKinley	Yes
	Ryden	Yes
	Scott	Yes
	Vaad	Yes
	Vigil	Yes
	Wilson	Yes
	Baumgardner	Yes
	Sonnenberg	Yes

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

01:57 PM -- Recommendations on the Department of Natural Resources Budget to the Joint Budget Committee (JBC)

Bill Levine, Department of Natural Resources Budget Director, addressed questions from the committee about some of the contingencies built into the department's strategic plan.

02:03 PM

Representative Vaad provided some comments about strategic planning and the timing of providing feedback to the departments and the JBC after budgets and strategic plans have been submitted.

02:05 PM

Representative Scott discussed the Colorado Oil and Gas Conservation Commission's (COGCC) request for five additional FTE.

02:07 PM

Mr. Levine explained the need for five additional FTE in the COGCC. Mr. Levine also discussed the differences between mill levees and severance taxes in terms of how the COGCC is funded.


BILL:	DNR Budget Recommendations
TIME:	02:12:35 PM
MOVED:	Fischer
MOTION:	Moved to support the Department of Natural Resources strategic plan. The motion passed on a vote of 10-1.
SECONDED:	Brown
		VOTE
	Brown	Yes
	Coram	Yes
	Fischer	Yes
	Jones	Yes
	Looper	Excused
	McKinley	No
	Ryden	Yes
	Scott	Yes
	Vaad	Yes
	Vigil	Yes
	Wilson	Yes
	Baumgardner	Excused
	Sonnenberg	Yes

YES: 10 NO: 1 EXC: 2 ABS: 0 FINAL ACTION: PASS


BILL:	DNR Budget Recommendations
TIME:	02:14:37 PM
MOVED:	Scott
MOTION:	Moved to support the Department of Natural Resources budget with the exception of the funding for 5 FTE for the COGCC. The chair laid over the vote until the next committee meeting.
SECONDED:	McKinley
		VOTE
	Brown
	Coram
	Fischer
	Jones
	Looper	Excused
	McKinley
	Ryden
	Scott
	Vaad
	Vigil
	Wilson
	Baumgardner
	Sonnenberg

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION:

02:23 PM -- House Bill 12-1032

Representative Hamner, bill sponsor, presented her bill to extend the funding from the Operational Account of the Severance Tax Trust Fund for the Forest Restoration program through FY 2017-18 at a level of $2.5 million annually. Under current law, the program would sunset after FY 2011-12. Representative Hamner answered questions from the committee concerning how the bill would affect funding for other programs in the operational account. She distributed Attachment A which provides a summary of the projects funded through the program.

02:35 PM -- Marc Carey, Legislative Council Staff, answered questions from the committee concerning the fiscal note and how the bill would impact funding for other programs in the operational account.

02:37 PM -- Bill Levine, Department of Natural Resources Budget Director, explained how proportional reductions to the severance tax trust fund occur under current law.

The following individuals testified on the bill:

02:43 PM -- Joe Duda, Colorado State Forest Service, spoke in support of the bill and discussed projects funded through the program. Mr. Duda answered questions from the committee.

02:52 PM -- Rachel Lee, the Nature Conservancy, spoke in support of the bill and discussed the threat of wildfire and the projects funded through the program.

02:54 PM -- Jesse Roehm, Colorado Youth Corps Association, spoke in support of the bill and discussed the need for environmental conservation and some of the forest projects he has worked on.

02:58 PM -- Chris Treese, Colorado River Water Conservation District and the Colorado Water Congress, spoke in support of the bill and discussed funding for the program.

03:02 PM

The committee recessed.

03:04 PM

The committee came back to order.


BILL:	HB12-1032
TIME:	03:04:52 PM
MOVED:	Fischer
MOTION:	Moved House Bill 12-1032 to the Committee on Appropriations. The motion passed on a vote of 10-2.
SECONDED:	Wilson
		VOTE
	Brown	Yes
	Coram	Yes
	Fischer	Yes
	Jones	Yes
	Looper	Excused
	McKinley	No
	Ryden	Yes
	Scott	Yes
	Vaad	Yes
	Vigil	Yes
	Wilson	Yes
	Baumgardner	Yes
	Sonnenberg	No

Final YES: 10 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:07 PM -- Sunset Forest Restoration Technical Advisory Panel

Brian Tobias, Department of Regulatory Agencies, explained that with the passage of House Bill 12-1032, DORA's recommendations are no longer applicable. House Bill 12-1032 continued the Forest Restoration Technical Advisory Panel.


BILL:	Sunset Forest Restoration Technical Advisory Panel
TIME:	03:09:50 PM
MOVED:	Fischer
MOTION:	Moved to table the draft sunset bill for the Forest Restoration Technical Advisory Panel. The motion passed on a vote of 12-0.
SECONDED:	Brown
		VOTE
	Brown	Yes
	Coram	Yes
	Fischer	Yes
	Jones	Yes
	Looper	Excused
	McKinley	Yes
	Ryden	Yes
	Scott	Yes
	Vaad	Yes
	Vigil	Yes
	Wilson	Yes
	Baumgardner	Yes
	Sonnenberg	Yes

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

03:11 PM -- House Bill 12-1010

Representative Baumgardner, bill sponsor, presented House Bill 12-1010, recommended by the Water Resources Review Committee, which would eliminate the three-year waiting period for the issuance of duplicate mutual ditch share certificates.

03:14 PM -- Bill Paddock, Rio Grande Water Users Association, spoke in support of the bill and discussed the current process for filing a statement of loss with the mutual ditch corporation which involves a three-year waiting period before a replacement certificate can be issued. Mr. Paddock answered questions from the committee.

03:22 PM -- Jeff Kahn, Ditch and Reservoir Company Alliance, spoke in support of the bill.


BILL:	HB12-1010
TIME:	03:25:18 PM
MOVED:	Baumgardner
MOTION:	Moved to refer House Bill 12-1010 to the Committee of the Whole. The motion The motion passed on a vote of 11-0.
SECONDED:	Brown
		VOTE
	Brown	Yes
	Coram	Yes
	Fischer	Yes
	Jones	Yes
	Looper	Excused
	McKinley	Yes
	Ryden	Yes
	Scott	Yes
	Vaad	Yes
	Vigil	Yes
	Wilson	Excused
	Baumgardner	Yes
	Sonnenberg	Yes

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

03:26 PM -- House Bill 12-1022

Representative Sonnenberg, bill sponsor, presented House Bill 12-1022, which specifies that mining operators will not be required to replace the amount of historic natural depletion to stream water that is attributable to preexisting natural evapotranspiration within the mined area.

The following individual spoke in support of the bill:

03:28 PM -- Mike Shimmin, Colorado Water Congress and Cripple Creek and Victor Gold Mine Company, spoke in support of the bill and discussed the need for the bill. Mr. Shimmin answered questions from the committee.


BILL:	HB12-1022
TIME:	03:36:05 PM
MOVED:	Sonnenberg
MOTION:	Moved to refer House Bill 12-1022 to the Committee of the Whole. The motion passed on a vote of 10-0.
SECONDED:	Scott
		VOTE
	Brown	Yes
	Coram	Yes
	Fischer	Yes
	Jones	Excused
	Looper	Excused
	McKinley	Yes
	Ryden	Yes
	Scott	Yes
	Vaad	Yes
	Vigil	Yes
	Wilson	Excused
	Baumgardner	Yes
	Sonnenberg	Yes

YES: 10 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: PASS