Date: 04/25/2013

Final
BILL SUMMARY for SB13-191

HOUSE COMMITTEE ON TRANSPORTATION & ENERGY

Votes: View--> Action Taken:
Adopt amendment L.012 (Attachment D). The motion f
Adopt amendment L.013 (Attachment B). The motion p
Refer Senate Bill 13-191, as amended, to the Commi
SUBSTITUTE MOTION: Postpone Senate Bill 13-191 ind		FAIL
PASS

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.pdf130425 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.pdf130425 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.pdf130425 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.