Date: 02/11/2013

Final
BILL SUMMARY for HB13-1096

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Votes: View--> Action Taken:
Adopt amendment L.001 The motion failed on a vote
Adopt an amendment on page 2 to strike lines 7 thr
Postpone House Bill 13-1096 indefinitely. The moti
Refer House Bill 13-1096 to the Committee of the W		FAIL

PASS
FAIL



04:21 PM -- House Bill 13-1096

Representative Coram, sponsor, presented House Bill 13-1096. This bill expands the types of recipients who are eligible to receive reimbursements and grants for using waste tires. Specifically, it allows mobile processors to receive partial reimbursement from the Waste Tire Cleanup Fund, and clarifies the definition of "beneficial use" for purposes of allocating money from the Processors and End User Fund. Under the bill, a beneficial use includes agricultural purposes, commercial or industrial purposes, improvements to land, and the sale of a tire-derived product to an end user. Two-thirds of the Waste Tire Cleanup Fund is used to provide funding to municipalities for grants, as well as for partial reimbursements to waste tire processors and end users. The remaining third of the fund is used for providing incentives for waste tire use in public projects.

Representative Coram gave numerous examples of how waste tires could be used and answered questions from the committee regarding how other states are using waste tires. He answered additional questions from the committee about the bill. Staff distributed Amendment L.001 (Attachment C) to the committee.

130211 AttachC.pdf130211 AttachC.pdf

The following persons testified on the bill:

04:39 PM -- Charles Johnson, Colorado Department of Public Health and Environment (CDPHE), spoke in opposition to the bill. Mr. Johnson talked about the ongoing stakeholder group that examines beneficial use of waste tires in Colorado on agricultural property and expressed concerns about the broad definition of beneficial use under the bill. Mr. Johnson spoke about the nature of waste tires as a commodity and discussed how the passing of this bill may affect the current stakeholder group process. Mr. Johnson answered questions regarding if the CDPHE disagrees with the bill in concept or because of their stakeholder group process. He also answered questions regarding the stakeholder group process and meetings.

04:53 PM -- Andy Karsian, Colorado Counties Incorporated (CCI), spoke in opposition to the bill. Mr. Karsian stated that the CCI primarily takes issue with the broad definition of beneficial use as outlined in the bill. Representative Coram answered questions from the committee regarding erosion control processes involving waste tires that have been used in Ouray County for many years. Mr. Karsian discussed the negotiations that are currently taking place in Ouray County regarding the placement of waste tires for conservation purposes.

05:04 PM

Mr. Johnson returned to the table to elaborate on an incident in Ouray County and how it relates to the bill. Mr. Johnson described that the incident involved a significant rain event that washed over 1,000 waste tires onto a resident's property. Mr. Johnson expressed concern that hazardous events may occur if waste tires are allowed to be used beneficially at will.

05:08 PM -- Teresa Immel, Colorado Tire Recycling LLC, spoke in support of the bill. Ms. Immel discussed the many applications that might be considered beneficial use of waste tires and talked about her experiences at the aforementioned stakeholder group process meetings as well as her experiences running a tire recycling business. Ms. Immel answered questions from the committee about mobile processing.

05:21 PM -- Patty Frederick, counsel for Teresa Immel, did not take a position on the bill. Ms. Frederick offered clarification regarding the advantages of mobile processing and the costs associated with various types of tire processing.

05:25 PM

Mr. Johnson returned to the table to answer questions from the committee regarding the deadlines in place for the stakeholder process group to decide next steps for waste tire use and how payments could be expedited for waste tire processors.

05:30 PM

Representative Fischer closed the witness testimony phase. Representative Coram wrapped up his presentation of the bill and requested to lay the bill over unamended.

05:34 PM

The committee took a brief recess.

05:34 PM

The committee came back to order.

BILL:HB13-1096
TIME: 05:36:51 PM
MOVED:Coram
MOTION:Adopt amendment L.001 The motion failed on a vote of 5-7 with one excused.
SECONDED:Sonnenberg
VOTE
Buck
Yes
Coram
Yes
Garcia
No
Lebsock
No
McLachlan
No
McNulty
Yes
Mitsch Bush
No
Rankin
Yes
Rosenthal
No
Saine
Excused
Sonnenberg
Yes
Vigil
No
Fischer
No
YES: 5 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:HB13-1096
TIME: 05:40:37 PM
MOVED:Mitsch Bush
MOTION:Adopt an amendment on page 2 to strike lines 7 through 13. The motion was withdrawn.
SECONDED:
VOTE
Buck
Coram
Garcia
Lebsock
McLachlan
McNulty
Mitsch Bush
Rankin
Rosenthal
Saine
Sonnenberg
Vigil
Fischer
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:


BILL:HB13-1096
TIME: 05:44:32 PM
MOVED:Coram
MOTION:Refer House Bill 13-1096 to the Committee of the Whole. The motion failed on a vote of 5-7 with one excused.
SECONDED:Sonnenberg
VOTE
Buck
Yes
Coram
Yes
Garcia
No
Lebsock
No
McLachlan
No
McNulty
Yes
Mitsch Bush
No
Rankin
Yes
Rosenthal
No
Saine
Excused
Sonnenberg
Yes
Vigil
No
Fischer
No
YES: 5 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:HB13-1096
TIME: 05:45:45 PM
MOVED:Vigil
MOTION:Postpone House Bill 13-1096 indefinitely. The motion passed on a vote of 7-5 with one excused.
SECONDED:Lebsock
VOTE
Buck
No
Coram
No
Garcia
Yes
Lebsock
Yes
McLachlan
Yes
McNulty
No
Mitsch Bush
Yes
Rankin
No
Rosenthal
Yes
Saine
Excused
Sonnenberg
No
Vigil
Yes
Fischer
Yes
Final YES: 7 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: PASS