House Committee on Transportation & Energy (04/25/2013)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON TRANSPORTATION & ENERGY

Date:	04/25/2013	ATTENDANCE

Time:	10:25 AM to 01:24 PM	Buck	X
		Coram	X
Place:	HCR 0112	Everett	X
		Fischer	X
This Meeting was called to order by		Kraft-Tharp	X
	Representative Tyler	Lawrence	X
		Lee	*
This Report was prepared by		Mitsch Bush	X
	Kelli Kelty	Peniston	X
		Primavera	X
		Scott	X
		Moreno	*
		Tyler	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB13-170 HB13-1216 SB13-191		Referred to Appropriations Postponed Indefinitely Postponed Indefinitely

10:25 AM -- Senate Bill 13-170

Representative Tyler, chair, called the meeting to order. A quorum was present. Representative Gerou, prime sponsor, presented Senate Bill 13-170. The reengrossed bill grants the License Plate Auction Group (LPAG) authority to issue an income tax credit for 20 percent of the amount that exceeds the appraised value of a uniquely valuable license plate number. The credit cannot exceed a taxpayer's income tax liability and can be carried forward for up to five years. The amount of the income tax credit must be reimbursed from the newly created tax reimbursement account to the General Fund. In addition, this bill:

• authorizes an auctioneer or other seller of license plate numbers to retain a commission of 20 percent;
• increases the membership of the LPAG from 7 to 11 members;
• allows the LPAG to sell license plates made of alternative materials, as approved by the Department of Revenue;
• allows the LPAG to sell license plates containing any symbol on the standard American keyboard or any symbol approved by the LPAG; and
• authorizes the LPAG to make business decisions to carry out license plate auctions.

Representative Gerou discussed the provisions of the bill and amendments from the Senate. Representative Primavera asked for more information about the tax credit. Representative Gerou commented on the revised fiscal note.

10:32 AM -- Mr. Mark Simon, representing himself, testified in support of the bill. A handout was distributed to the committee (Attachment A). He commented on the importance of the bill. Mr. Simon responded to questions from the committee. Discussion ensued concerning fees related to license plates.

130425 AttachA.pdf


BILL:	SB13-170
TIME:	10:44:19 AM
MOVED:	Scott
MOTION:	Refer Senate Bill 13-170 to the Committee on Appropriations. The motion passed on a vote of 11-0, with 2 excused.
SECONDED:	Coram
		VOTE
	Buck	Yes
	Coram	Yes
	Everett	Yes
	Fischer	Yes
	Kraft-Tharp	Yes
	Lawrence	Yes
	Lee	Excused
	Mitsch Bush	Yes
	Peniston	Yes
	Primavera	Yes
	Scott	Yes
	Moreno	Excused
	Tyler	Yes

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

10:45 AM -- House Bill 13-1216

Representative Duran, prime sponsor, presented House Bill 13-1216. Current law requires cooperative electric associations (CEAs) and municipally owned utilities (MOUs) to generate 6 percent of their electricity sales from renewable sources annually from 2015 through 2019 and 10 percent thereafter. The bill requires CEAs and MOUs to derive a minimum of 0.5 percent of their electricity sales from retail distributed generation (RDG) from 2015 through 2019 and 1 percent thereafter. RDG is an on-site renewable energy resource, interconnected to the grid that covers the customer's electricity load. CEAs and MOUs must also establish standard offers to purchase renewable energy credits from wind generation. The bill also increases maximum customer generation capacity limits for CEAs and MOUs to enable net-metering for up to 25 kilowatts of residential customer-generated electricity and up to 75 kilowatts of industrial or commercial customer-generated electricity. Testimony on the bill was heard on February 21, 2013. Representative Duran requested that the committee postpone the bill indefinitely.


BILL:	HB13-1216
TIME:	10:45:46 AM
MOVED:	Tyler
MOTION:	Postpone House Bill 13-1216 indefinitely. The motion passed on a vote of 11-0, with 2 excused.
SECONDED:	Fischer
		VOTE
	Buck	Yes
	Coram	Yes
	Everett	Yes
	Fischer	Yes
	Kraft-Tharp	Yes
	Lawrence	Yes
	Lee	Excused
	Mitsch Bush	Yes
	Peniston	Yes
	Primavera	Yes
	Scott	Yes
	Moreno	Excused
	Tyler	Yes

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

10:46 AM -- Senate Bill 13-191

The committee took a brief recess.

10:51 AM

The committee came back to order. Representatives Williams and Sonnenberg, prime sponsors, presented Senate Bill 13-191. The bill clarifies that pipeline companies that convey oil, gasoline, or other petroleum products may acquire rights-of-way by eminent domain pursuant to Article 5, Title 38, C.R.S. The bill reiterates the applicability of state constitutional provisions concerning just compensation for property taken by eminent domain, as well as federal pipeline safety regulations and other applicable current law. Representative Williams and Representative Sonnenberg discussed the provisions of the bill. Representative Fischer asked about prepared amendment L.013 that was distributed to the committee (Attachment B). Representative Primavera asked about the intent of the bill. Representative Tyler asked about right-of-ways and who has authority over them. Representative Sonnenberg said that witnesses in the room should be able to address that question.

130425 AttachB.pdf

The following people testified on the bill:

10:59 AM -- Ms. Barbara Kirkmeyer, representing Colorado Counties Inc. (CCI) and Weld County, testified in opposition to the bill. She said that Weld County has 20,000 active wells. She commented on eminent domain powers for roads and right-of-ways of county commissioners. She discussed the cost of pipelines. Representative Peniston asked if Ms. Kirkmeyer was against eminent domain in general or just pipelines. She responded that she was against giving eminent domain to private developers. Representative Mitsch Bush asked about the process for appraisals of property to obtain just compensation. Ms. Kirkmeyer described the process in Weld County. Discussion ensued concerning pipelines.

11:34 AM -- Mr. Dan Dean, representing himself, testified in opposition to the bill. He commented on the issue of granting condemnation power for the purpose of private profit. Representative Lee asked about eminent domain and pipeline companies.

11:50 AM -- Mr. Ben Cohen, representing himself, testified on the bill. He noted that he represented Ms. Donna Larson, who was also signed up to testify. He gave an overview of the legislative history of the issue of pipeline condemnation power. Mr. Cohen responded to questions from the committee.

12:01 PM -- Ms. Donna Larson, representing herself, testified in opposition to the bill. A handout was distributed to the committee (Attachment C).

130425 AttachC.pdf

12:19 PM -- Mr. Bill Wycoff, representing himself, testified in opposition to the bill. He commented on just compensation of pipelines and eminent domain.

12:24 PM -- Ms. Carly Dollar, representing the Colorado Association of Commerce and Industry, testified in support of the bill.

12:26 PM -- Speaker Terrance Carroll, representing the Colorado Petroleum Association, testified in support of the bill. He commented on statutory construction and interpretation and the ruling by the Supreme Court on pipelines and eminent domain. He gave an overview of pipeline regulation. Representative Mitsch Bush asked about due process protections. Representative Fischer asked about pipeline safety regulation. Discussion ensued concerning federal regulations of pipelines and legislative intent.

12:58 PM -- Mr. Ira Larson, representing himself, testified in opposition to the bill. Mr. Larson discussed a lawsuit concerning his personal property concerning the placement of a pipeline.


BILL:	SB13-191
TIME:	01:03:06 PM
MOVED:	Tyler
MOTION:	Adopt amendment L.012 (Attachment D). The motion failed on a vote of 5-8.
SECONDED:	Lawrence
		VOTE
	Buck	Yes
	Coram	Yes
	Everett	Yes
	Fischer	No
	Kraft-Tharp	No
	Lawrence	Yes
	Lee	No
	Mitsch Bush	No
	Peniston	No
	Primavera	No
	Scott	Yes
	Moreno	No
	Tyler	No

YES: 5 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL

130425 AttachD.pdf


BILL:	SB13-191
TIME:	01:09:19 PM
MOVED:	Tyler
MOTION:	Adopt amendment L.013 (Attachment B). The motion passed on a vote of 8-5.
SECONDED:	Moreno
		VOTE
	Buck	No
	Coram	No
	Everett	No
	Fischer	Yes
	Kraft-Tharp	Yes
	Lawrence	No
	Lee	Yes
	Mitsch Bush	Yes
	Peniston	Yes
	Primavera	Yes
	Scott	No
	Moreno	Yes
	Tyler	Yes
YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB13-191
TIME:	01:17:11 PM
MOVED:	Tyler
MOTION:	Refer Senate Bill 13-191, as amended, to the Committee of the Whole. A substitute motion was offered.
SECONDED:	Scott
		VOTE
	Buck
	Coram
	Everett
	Fischer
	Kraft-Tharp
	Lawrence
	Lee
	Mitsch Bush
	Peniston
	Primavera
	Scott
	Moreno
	Tyler
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:


BILL:	SB13-191
TIME:	01:22:51 PM
MOVED:	Everett
MOTION:	SUBSTITUTE MOTION: Postpone Senate Bill 13-191 indefinitely. The motion passed on a vote of 12-1.
SECONDED:	Lawrence
		VOTE
	Buck	Yes
	Coram	Yes
	Everett	Yes
	Fischer	Yes
	Kraft-Tharp	Yes
	Lawrence	Yes
	Lee	Yes
	Mitsch Bush	Yes
	Peniston	Yes
	Primavera	Yes
	Scott	No
	Moreno	Yes
	Tyler	Yes

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

01:24 PM

The committee adjourned.