Date: 04/03/2012

Final
BILL SUMMARY for HB12-1105

SENATE COMMITTEE ON LOCAL GOVERNMENT

Votes: View--> Action Taken:
Adopt prepared Amendment L.009 (Attachment A). The
Move House Bill 12-1105, as amended, to the Commit
Pass Without Objection
PASS



02:02 PM -- House Bill 12-1105

Senator Lois Tochtrop, sponsor, presented House Bill 12-1105, concerning wind energy property rights. The bill establishes that wind energy rights are not severable from the surface estate to real property in Colorado. Senator Tochtrop stated that the bill is an economic development bill; that it has a Republican co-sponsor and bipartisan support; and that it passed the House unanimously.

02:03 PM --
Nicholas Colglazier, Director of State Affairs for the Colorado Farm Bureau, spoke in favor of the bill. Mr. Colglazier stated that this bill clarifies and protects Coloradans rights while encouraging independent energy development. He stated that this bill will avert future problems around severed property rights relating to wind. Mr. Colglazier responded to questions from the committee about wind energy's relationship to surface land rights and about what this bill would require of the counties' Clerk and Recorder offices.

02:08 PM --
Andy Karsian, Colorado Counties, Inc. (CCI), spoke in favor of the bill. Mr. Karsian stated that this bill was vetted intensively with all of the stakeholders involved. He stated that the bill mirrors what other states have legislated regarding wind agreements, and cited Minnesota, Nebraska, Oklahoma, Oregon, South Dakota, Wyoming, and Montana as examples. Mr. Karsian stated that this bill was drafted using the language of the Wyoming legislation in particular. Mr. Karsian responded to questions from the committee on taxation and liability related to wind energy rights. Mr. Karsian stated that this bill establishes a valuation agreement between the wind energy developer and the land owner, rather than creating a statewide valuation system.

02:12 PM --
Ed Bowditch, Rocky Mountain Farmers Union, spoke in favor of the bill.

02:13 PM --
Alexander Pankonin, Land Title Association of Colorado (LTAC), spoke in favor of the bill. LTAC is a non-profit trade organization designed to promote and advance title insurance issues in Colorado. Mr. Pankonin responded to questions from the committee on the recording process; the amendment; and how this bill would affect a property's title.


02:27 PM

Chuck Brackney, Legislative Legal Services, came to the table to address a question regarding the language of the bill.

02:30 PM --
Craig Cox, Executive Director of the Interwest Energy Alliance, spoke in favor of the bill. Interwest Energy Alliance is a trade association that represents renewable energy interests. Mr. Cox stated that this bill would help enhance the viability and increase development of wind energy in the state.

02:33 PM --
Andy Karsian, CCI, returned to the table to discuss Wyoming's statute.


02:35 PM

Senator Tochtrop asked the committee to move the bill and prepared Amendment L.009 (Attachment A).

SenLocal0403AttachA.pdf
BILL:HB12-1105
TIME: 02:36:05 PM
MOVED:Nicholson
MOTION:Adopt prepared Amendment L.009 (Attachment A). The motion passed without objection.
SECONDED:
VOTE
Aguilar
Neville
Roberts
Nicholson
Foster
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB12-1105
TIME: 02:36:24 PM
MOVED:Nicholson
MOTION:Move House Bill 12-1105, as amended, to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Aguilar
Yes
Neville
Yes
Roberts
Yes
Nicholson
Yes
Foster
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS



02:37 PM

The committee adjourned.