House Committee on Agriculture, Livestock, & Natural Resources (03/18/2013)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Date:	03/18/2013	ATTENDANCE

Time:	01:32 PM to 05:54 PM	Buck	*
		Coram	X
Place:	HCR 0107	Garcia	X
		Lebsock	X
This Meeting was called to order by		McLachlan	*
	Representative Fischer	McNulty	X
		Mitsch Bush	X
This Report was prepared by		Rankin	X
	Brooke Maddaford	Rosenthal	X
		Saine	X
		Sonnenberg	X
		Vigil	X
		Fischer	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB13-150 SB13-175 SB13-181		Referred to Appropriations Referred to Appropriations Amended, Referred to Appropriations

01:32 PM -- Senate Bill 13-150

Representative May, sponsor, presented Senate Bill 13-150. This reengrossed bill implements the recommendations of the Department of Regulatory Agencies in its sunset review of the Water and Wastewater Facility Operators Board in the Department of Public Health and Environment (DPHE), and continues certification requirements for water and wastewater facility operators until September 1, 2020. Generally, this bill reorganizes statutes relating to the board. In addition, the bill modifies current law by: expanding the authority of the board to exempt a facility from the requirement to operate under the supervision of a certified operator if the exemption does not endanger public health or the environment—expanding this authority from, under current law, only industrial wastewater facilities to, under the bill, any water or wastewater facility; and changing the qualifications of one member of the board to require that the member represent rural water facilities.

This bill continues a program in the DPHE that is set to expire on July 1, 2013. Under current law, state agencies may be appropriated funds to wind up the affairs of an expiring program for 12 months following the repeal date. To account for the wind-up period, the impact of extending the program beyond the current repeal date is shown as beginning in FY 2014-15, one year after the repeal date. Ongoing funding for the program is included in the department's base budget request for FY 2013-14.

The following person testified on the bill:

01:35 PM -- Ellen Graham, Department of Regulatory Agencies (DORA), answered questions from the committee regarding the process and procedure for how DORA determines how many years certain bills are given before they sunset and how DORA determines which bills should have a sunset review provision.

01:38 PM

The committee took a brief recess.

01:39 AM

The committee came back to order.


BILL:	SB13-150
TIME:	01:40:02 PM
MOVED:	Rosenthal
MOTION:	Refer Senate Bill 13-150 to the Committee on Appropriations. The motion passed on a vote of 12-1.
SECONDED:	Lebsock
		VOTE
	Buck	Yes
	Coram	Yes
	Garcia	Yes
	Lebsock	Yes
	McLachlan	Yes
	McNulty	Yes
	Mitsch Bush	Yes
	Rankin	Yes
	Rosenthal	Yes
	Saine	No
	Sonnenberg	Yes
	Vigil	Yes
	Fischer	Yes

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

01:41 PM -- Senate Bill 13-175

The committee took a brief recess.

01:43 PM

The committee came back to order.

Representative McLachlan, sponsor, presented Senate Bill 13-175. The bill continues the Habitat Stamp Program and the Wildlife Habitat Stamp Committee indefinitely, and repeals the Colorado Wildlife Passport and its cash fund. In consultation with the Wildlife Habitat Stamp Committee, the Parks and Wildlife Commission is directed to give sufficient priority to conserve and protect winter range and vital habitats, including migration corridors, for deer, elk, and other big game wildlife species; improve access for hunting, fishing and other wildlife-related recreation; protect habitat for species of concern; and preserve the diversity of wildlife.

Staff distributed a document to the committee that outlines the Colorado Wildlife Habitat Protection Program from Colorado Parks & Wildlife (Attachment A). Representative McLachlan answered questions from the committee about the bill, conservation easements, and requirements of the Habitat Stamp Program. Representative Hamner, co-sponsor, joined Representative McLachlan at the table and answered questions regarding the sunset review process as it relates to this bill. Committee discussion on the bill ensued.

130318 AttachA.pdf

The following persons testified on the bill:

02:07 PM -- Rick Cabels and Jeff Ver Steeg, Colorado Parks & Wildlife, testified in support of the bill. Mr. Cabels talked about the land, animals, ranchers, sportsmen and sportswomen that have benefited from the program. Mr. Cabels discussed the funds that are accrued from this program, the membership of the Wildlife Habitat Stamp Committee, changes to the program as outlined in the bill, and the lack of a sunset provision in the bill. Mr. Cabels answered questions from the committee regarding easements, the committee's criteria for choosing projects, and policies regarding fees. Mr. Ver Steeg answered questions from the committee regarding different types of program income. Mr. Cabels answered questions regarding special license plates, the sticker system used by state parks, how moneys garnered from the program are used, and anticipated changes to the program. Mr. Cabels continued to answer questions from the committee regarding if a sunset review should be included in the bill and how to encourage more applicants to the program. Committee discussion ensued regarding how the department might respond to a legislative declaration that encourages more applicants to the program. Mr. Cabels continued to respond to questions from the committee regarding the competitive nature of the program and conservation easements.

02:40 PM -- Gary Miller, representing himself, spoke in support of the bill. Mr. Miller talked about his participation on the Wildlife Habitat Stamp Committee and explained how proposals for the program are reviewed and accepted or rejected. Mr. Miller answered questions from the committee regarding how the program benefits the agriculture industry and the level of collaboration between the Wildlife Habitat Stamp Committee and the Great Outdoors Colorado (GOCO) board.

02:53 PM -- John Singletary and Gaspar Perricone, Colorado Parks and Wildlife Commission, Department of Natural Resources, spoke in support of the bill. Mr. Perricone talked about why the Colorado Wildlife Passport program was repealed per the provisions of the bill. Mr. Singletary discussed conservation easements, outreach efforts, and non-consumptive use of Colorado lands. Mr. Singletary answered questions from the committee regarding why the Habitat Stamp program should be exempt from a sunset review. Mr. Perricone addressed this question as well. Committee discussion ensued on this topic.

03:14 PM -- Suzanne O'Neill, Colorado Wildlife Federation, spoke in support of the bill. Tim Brass, Colorado Backcountry Hunters and Anglers, joined Ms. O'Neill at the table and spoke in support of the bill. Ms. O'Neill described the Colorado Wildlife Federation and said the federation is pleased with how the program has been executed. Ms. O'Neill offered examples of how the program has affected Colorado positively. Mr. Brass discussed the importance of this program to Colorado hunters and anglers and talked about some of the issues that face Colorado wildlife. Ms. O'Neill answered questions from the committee regarding the types of purchases that contribute to cash funds.

03:20 PM -- Heidi Sherk, Nature Conservancy and Colorado Coalition of Land Trusts, spoke in support of the bill. Ms. Sherk discussed how the program is highly leveraged and how non-consumptive communities contribute to conservation efforts.

03:20 PM

Representative Sonnenberg distributed amendment L.007 (Attachment B) and amendment L.001 (Attachment C) to the committee. Committee discussion on L.007 (Attachment B) ensued.

130318 AttachB.pdf

130318 AttachC.pdf


BILL:	SB13-175
TIME:	03:23:08 PM
MOVED:	Sonnenberg
MOTION:	Adopt conceptual amendment to L.007 (Attachment B) to add "or threatened" after "endangered" and before "species" in line 6. The motion failed on a vote of 6-7.
SECONDED:	McNulty
		VOTE
	Buck	Yes
	Coram	Yes
	Garcia	No
	Lebsock	No
	McLachlan	No
	McNulty	Yes
	Mitsch Bush	No
	Rankin	Yes
	Rosenthal	No
	Saine	Yes
	Sonnenberg	Yes
	Vigil	No
	Fischer	No

YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL

BILL:	SB13-175
TIME:	03:30:51 PM
MOVED:	Sonnenberg
MOTION:	Adopt amendment L.007 (Attachment B). The motion was withdrawn.
SECONDED:	Rankin
		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:

03:31 PM

Staff distributed amendment L.008 (Attachment D) to the committee. Committee discussion on the amendment ensued.

130318 AttachD.pdf


BILL:	SB13-175
TIME:	03:48:42 PM
MOVED:	McNulty
MOTION:	Adopt amendment L.008 (Attachment D). The motion failed on a vote of 6-7.
SECONDED:	Sonnenberg
		VOTE
	Buck	Yes
	Coram	Yes
	Garcia	No
	Lebsock	No
	McLachlan	No
	McNulty	Yes
	Mitsch Bush	No
	Rankin	Yes
	Rosenthal	No
	Saine	Yes
	Sonnenberg	Yes
	Vigil	No
	Fischer	No

YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL

03:49 PM

Representative Sonnenberg described amendment L.001 (Attachment C). Committee discussion on the amendment ensued.


BILL:	SB13-175
TIME:	03:56:23 PM
MOVED:	Sonnenberg
MOTION:	Adopt amendment L.001 (Attachment C). The motion failed on a vote of 6-7.
SECONDED:	McNulty
		VOTE
	Buck	Yes
	Coram	Yes
	Garcia	No
	Lebsock	No
	McLachlan	No
	McNulty	Yes
	Mitsch Bush	No
	Rankin	Yes
	Rosenthal	No
	Saine	Yes
	Sonnenberg	Yes
	Vigil	No
	Fischer	No

YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	SB13-175
TIME:	04:04:45 PM
MOVED:	McLachlan
MOTION:	Refer Senate Bill 13-175 to the Committee on Appropriations. The motion passed on a vote of 9-4.
SECONDED:	Rosenthal
		VOTE
	Buck	No
	Coram	Yes
	Garcia	Yes
	Lebsock	Yes
	McLachlan	Yes
	McNulty	No
	Mitsch Bush	Yes
	Rankin	Yes
	Rosenthal	Yes
	Saine	No
	Sonnenberg	No
	Vigil	Yes
	Fischer	Yes

Final YES: 9 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:05 PM

The committee took a brief recess.

04:11 PM

The committee came back to order.

04:15 PM -- Senate Bill 13-181

Representative Fischer, sponsor, presented Senate Bill 13-181. This reengrossed bill appropriates funds from the Colorado Water Conservation Board (CWCB) Construction Fund for specific water-related projects in FY 2013-14. The bill also renames the Perpetual Base Account of the Severance Tax Trust Fund to the Severance Tax Perpetual Base Fund; renames the Operational Account of the Severance Tax Trust Fund to the Severance Tax Operational Fund; transfers funding from the Severance Tax Perpetual Base Fund to the CWCB Construction Fund to fund two projects; transfers funding from the CWCB Construction Fund for one project; clarifies that the CWCB may also use instream flow water rights to improve the natural environment, using up to $1,000,000 of existing continuous spending authority; authorizes the CWCB to loan an additional $4,040,000 to the Tri-County Water Conservancy District for the Ridgway Dam Hydropower project, for a new approved total loan amount of $13,130,000; and authorizes the CWCB to loan $18,538,550 from the CWCB Construction Fund to enable the purchase of water rights for the Roxborough Water and Sanitation District water activity enterprise.

The following persons testified on the bill:

04:21 PM -- Jennifer Gimbel, CWCB, spoke in support of the bill. Ms. Gimbel offered an overview of each section of the bill and stated that the Colorado Water Congress also supports the bill. Ms. Gimbel answered questions from the committee about a proposed (but not offered) amendment that would strike section 15 of the bill, regarding instream flows. Ms. Gimbel answered questions from the committee regarding how "minimum instream flow" is defined.

04:39 PM -- Don Chawcrift, Colorado Farm Bureau, did not state his position on the bill. Mr. Chawcrift discussed the bureau's concerns regarding section 15 of the bill, and urged support for amendment L.004 (Attachment E).

130318 AttachE.pdf

04:43 PM -- Lee Miller, Southeastern Colorado Water Conservancy District, spoke in support of the bill. He stated that the bill is vital for the state and that the bill provides funding for critical projects throughout the state.

04:45 PM -- Jen Boulton, Trout Unlimited and Audubon Society of the Rockies, testified in support of the bill. Ms. Boulton offered support of sections 12 and 15 of the bill. She urged the committee to support the bill as it stands now, without any amendments. Ms. Boulton responded to questions from the committee regarding the term "preserve" as it relates to instream flows, how the health of a river is determined, and the prioritization of funded rivers.

04:55 PM -- Bruce Whitehead, Southwestern Water Conservation District, testified in support of the bill but discussed his reservations about section 15 of the bill. Mr. Whitehead summarized his professional career and spoke about how the term "improved" is difficult to define. Mr. Whitehead detailed his concerns about incentivizing the removal of lands from production and said that the bill allows for a continuous appropriation and a policy change. He urged support for Amendment L.004 (Attachment E).

05:03 PM -- John Hendrick, Centennial Water and Sanitation District, spoke in support of the bill. Mr. Hendrick discussed how this bill would support the Chatfield Reservoir reallocation project.

05:05 PM -- Pat Ratliff, South Metro Water Supply Authority, spoke in support of the bill in its entirety. Ms. Ratliff stated that her organization does not have a position on the amendment.

05:07 PM -- Dan Drucker, Center of Colorado Water Conservancy District, spoke in support of the bill. Staff distributed a letter from the district to the committee (Attachment F). Mr. Drucker explained the operations of the district and said they do not have a position on section 15.

130318 AttachF.pdf

05:09 PM -- Chris Treese, Colorado River District, spoke in support of the bill, but without section 15. Mr. Treese explained that removing "and improve" from the language of the bill will not remove the continuous appropriation and would not affect the existing instream program. Mr. Treese discussed the district's position on appropriated funds and answered questions regarding if the district's support of the bill was unanimous.

05:14 PM -- Frank Eckhardt, representing himself, spoke in support of the bill with reservations about section 15 of the bill. Mr. Eckhardt talked about the ditches on his land and reiterated his concern about section 15 of the bill.

05:16 PM -- Peter Nichols, Colorado Water Trust, spoke in support of the bill. Mr. Nichols explained the Colorado Water Trust's mission and membership and described the instream flow program within the trust. Mr. Nichols urged the committee's support of section 15 of the bill.

05:20 PM -- John McClow, CWCB, spoke in support of the bill in its entirety. Mr. McClow discussed the instream flow program within the CWCB and the requirement of the CWCB to report expenditures to the legislature. Mr. McClow discussed the implications of removing the phrase "and improve" from the language of the bill and responded to questions regarding a letter that was sent to Representative McLachlan. He also answered questions regarding the outcome of the CWCB votes.

05:31 PM -- Alan Hammel, CWCB, spoke in support of the bill in its entirety. Mr. Hammel offered a brief summation of his professional career, and shared some observations about the commitment and intentions of the members of the CWCB. Mr. Hammel said that the board will engage with an open and public process to define "and improve" if the bill is passed.

05:38 PM -- Mr. McClow answered questions from the committee regarding the process that must be followed through water court if the CWCB appropriates or requires a change in water right.

05:39 PM

Staff distributed amendment L.004 (Attachment E) to the committee. Committee discussion on the amendment ensued.


BILL:	SB13-181
TIME:	05:50:14 PM
MOVED:	Sonnenberg
MOTION:	Adopt amendment L.004 (Attachment E). The motion passed on a vote of 8-5.
SECONDED:	McNulty
		VOTE
	Buck	Yes
	Coram	Yes
	Garcia	No
	Lebsock	No
	McLachlan	Yes
	McNulty	Yes
	Mitsch Bush	No
	Rankin	Yes
	Rosenthal	No
	Saine	Yes
	Sonnenberg	Yes
	Vigil	Yes
	Fischer	No

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


BILL:	SB13-181
TIME:	05:52:42 PM
MOVED:	Fischer
MOTION:	Refer Senate Bill 13-181, as amended, to the Committee on Appropriations. The motion passed on a vote of 13-0.
SECONDED:	McNulty
		VOTE
	Buck	Yes
	Coram	Yes
	Garcia	Yes
	Lebsock	Yes
	McLachlan	Yes
	McNulty	Yes
	Mitsch Bush	Yes
	Rankin	Yes
	Rosenthal	Yes
	Saine	Yes
	Sonnenberg	Yes
	Vigil	Yes
	Fischer	Yes

Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:54 PM

The committee adjourned.