Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON HEALTH, INSURANCE, & ENVIRONMENT

Date:03/20/2014
ATTENDANCE
Time:01:35 PM to 06:58 PM
Fields
*
Ginal
X
Place:HCR 0107
Humphrey
X
Joshi
X
This Meeting was called to order by
Landgraf
X
Representative McCann
McNulty
X
Primavera
X
This Report was prepared by
Singer
X
Amanda King
Swalm
X
Schafer
X
McCann
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB14-1297Witness Testimony and/or Committee Discussion Only


01:35 PM -- HB 14-1297

Representative Ginal presented House Bill 14-1297. The bill requires the Colorado Department of Public Health and Environment (CDPHE) to conduct an analysis of human health and quality of life effects of oil and gas operations for selected communities in Adams, Boulder, Larimer, and Weld Counties. The bill requires the CDPHE to consult with a newly created scientific oversight committee regarding the design and conduct of the analysis and preparation of interim and final reports of the analysis.

The bill states that the analysis will be conducted in two stages. In Stage 1 of the analysis, the CDPHE reviews scientific literature on the effects of oil and gas operations on human health and quality of life; identifies specific conditions of interest that the literature indicates might be related to exposure to oil and gas operations; and summarizes relevant findings in a written report by December 1, 2014. In Stage 2, the bill requires CDPHE to seek approval of analysis design and procedures by an institutional review board (IRB), as defined by federal law. The IRB reviews the CDPHE's proposed Stage 2 analysis in two tiers as follows:

All reports required by the bill are delivered and presented to the relevant committees of reference in the General Assembly and published on the CDPHE website. The final report must be submitted to a peer-reviewed scientific journal.


01:49 PM

Representative Ginal provided the committee with two handouts (Attachments A and B). Representative Ginal responded to questions about how the analysis will measure quality of life, whether the positive aspects of petroleum will be reviewed, and existing peer-reviewed studies. She responded to questions about the literature review required by the bill and the scientific oversight committee established by the bill. Representative Ginal responded to questions about why refineries are not included in the proposed analysis and why the proposed analysis is limited to certain counties.

140320 AttachA.pdf140320 AttachA.pdf140320 AttachB.pdf140320 AttachB.pdf

02:28 PM -- Alex Schatz, representing Legislative Council Staff, responded to questions about the bill's fiscal note.

02:37 PM -- Mizraim Cordero, representing the Colorado Competitive Council, testified against the bill. He discussed economic impact of the energy sector and the potential bias that could exist in the analysis. Mr. Cordero responded to questions about the bill and whether there are quantitative ways to examine quality of life. Representative Ginal discussed noise from oil and gas drilling that may impact quality of life.

02:48 PM -- Neil Ray, representing the Colorado Chapter of the National Association of Royalty Owners, testified against the bill. He discussed the scientific oversight committee's non-voting members, the lack of inclusion of mineral rights owners in the drafting of the bill, and limiting the analysis to certain counties. There was discussion about oil and gas production in Boulder County.

02:52 PM -- Jennifer Biever, representing the Colorado Association of Commerce and Industry, testified against the bill. She discussed her organization's concerns about studying of quality of life, surveying the public, and identifying conditions of interest. Ms. Biever discussed the scientific oversight committee. She responded to questions about her experience studying the health impacts of Western Slope oil and gas operations. Ms. Biever responded to questions about the scientific oversight committee membership, how the bill could be changed to eliminate bias, and the cost of the analysis. Representative Ginal commented on Ms. Biever's testimony.

03:07 PM -- Charles Ward, representing the Denver Metro Chamber of Commerce, testified against the bill. He stated that his organization opposes the bill because it targets a particular industry, targets a specific geographic area, and adds another study when there are a number of studies being conducted to determine whether there are any environmental risks associated with oil and gas development. Mr. Ward responded to questions about the impact the bill could have on the oil and gas industry and the other studies that are currently occurring. He discussed the quality-of-life and public survey components of the analysis. Mr. Ward responded to questions about corporate responsibility as it relates to public health. The committee dialogued about the proposed analysis. Mr. Ward responded to questions about the scientific oversight committee.

03:20 PM -- Dollis Wright, representing the Colorado Oil and Gas Association, testified against the bill. She provided the committee with a copy of her testimony (Attachment C).

140320 AttachC.pdf140320 AttachC.pdf


03:25 PM -- Patrick Pratt, representing South Metro Denver Chamber of Commerce, testified against the bill. He discussed the oil and gas industry. Mr. Pratt responded to questions about the chamber's position on the bill, Arapahoe County's memorandum of understanding concerning oil and gas development, and existing studies on oil and gas operations.

03:35 PM

Representative Ginal discussed the survey and the IRB process that would occur under the bill.

03:38 PM -- Dr. Virgilio Licona, representing the Salud Family Health Centers, testified in support of the bill. He discussed the population-based approach of the analysis, the focus on prevention in the medical field, and the existing studies that have occurred on the Western Slope. He referenced a March 17, 2014, Denver Post article about oil and gas operations and the September 2013 floods. Dr. Licona responded to questions about the proposed analysis. Representative Ginal discussed the additional study that may be needed as a result of the analysis.

03:47 PM -- Karen Dike, representing the Sierra Club of the Rocky Mountain Chapter, testified in support of the bill. She discussed air pollution from oil and gas operations and the possible health issues related to oil and gas production.

03:51 PM -- Chaz Tedesco, representing the Adams County Board of County Commissioners, testified in support of the bill. He discussed oil and gas development in Adams County and the need to know the impact of the oil and gas industry on water supplies. Representative Ginal responded to a question about why refineries are not included in the bill.

03:57 PM -- David Trask, representing himself, testified in support of the bill. He discussed the need for school boards to have information about oil and gas operations.

03:39 PM

Representative McCann stated that the Audubon Society-Colorado Chapter supports the bill.

04:00 PM -- Suzanne Trask, representing herself, testified in support of the bill. She discussed air quality monitoring and cited a study from the Center for Health and the Global Environment at Harvard University. She stated that the socio-economic characteristics of the communities to be analyzed should be reviewed as the study areas are being chosen.

04:05 PM -- Ross Cunniff, representing the Fort Collins City Council, testified in support of the bill. He discussed the Fort Collins City Council's legislative policy agenda concerning oil and gas operations. Councilman Cunniff responded to questions about the city's moratorium on oil and gas operations. Representative Ginal made comments about the proposed analysis. Councilman Cunniff responded to questions about whether there is a need for a scientific analysis or a public survey.

04:13 PM -- Dr. Mike Van Dyke, representing the Colorado Department of Public Health and Environment, responded to questions about analyzing quality of life, the bill's fiscal note, and the timeline outlined in the bill. He responded to questions about the Agency for Toxic Substances and Disease Registry, his professional background, and the scientific oversight committee. Dr. Van Dyke responded to questions about whether the analysis could be conducted without bias, how the analysis will be conducted, and other studies conducted by the department on oil and gas operations. Dr. Van Dyke stated that the department is neutral on the bill as drafted.

04:32 PM -- Eliza Schultz, representing the Colorado Department of Public Health and Environment, commented on the department's position on the bill.


04:34 PM -- Chuck Turner, representing himself, testified in support of the bill. He discussed oil and gas operations in Greeley and air pollution.

04:36 PM -- Lynda Blake, representing herself, testified in support of the bill. She discussed her concerns about the oil and gas drilling and extraction process. Ms. Blake discussed peer-reviewed scientific studies and the tobacco industry.

04:40 PM -- Phillip Doe, representing Be the Change, testified in support of the bill and asked that grassroots interests be represented on the scientific panel. He stated that people need information about the health effects of fracking. He responded to questions about Colorado's regulation of the oil and gas industry.

04:48 PM -- Wendy Highby, representing herself and Weld Air and Water, testified that the bill is important to the citizens of Weld county and commented on proposed oil and gas development projects in Greeley. She spoke in support of the bill.

04:51 PM -- Ray Nelson, representing himself, spoke in support of the bill and discussed the oil drilling operations that surround his house. He stated he wants to know more about the possible health risks associated with the oil drilling industry. Mr. Nelson responded to questions about the wells that are on and close to his property and in what ways he has his expressed his concerns about the oil and gas industry.

05:00 PM -- Robert Winkler, representing Weld Air and Water, testified in support of the bill and distributed a map to the committee (Attachment D). He recommended also conducing a health impact assessment. Mr. Winkler responded to questions about the map he distributed.

140320 AttachD.pdf140320 AttachD.pdf

05:05 PM -- Irene Fortune, representing herself, testified in support of the bill. She discussed air pollution from oil and gas operations in Colorado, lack of enforcement and fines in Colorado, and the lack of inspectors. Ms. Fortune responded to questions about the recently promulgated rules for the oil and gas industry. Representative McNulty stated that the fine structure for oil and gas operations needs to be revised.

05:13 PM -- Wendy Chase, representing herself, testified in support of the bill. She stated that the state owns the mineral rights to her land and that there are no laws to protect surface owners. She discussed the Colorado Oil and Gas Conservation Commission, the public survey that would be conducted under the bill, and the water used for fracking. Ms. Chase responded to questions about whether she has registered complaints with any other entities. She discussed the business she operates on her property.

05:21 PM -- Mike Sutak, representing himself, discussed horizontal drilling and expressed his support of the bill.

05:25 PM -- Rick Blotter, representing himself, testified in support of the bill. He discussed oil and gas development in Elbert County, the research he has done on oil and gas operations, and the regulations from which the oil and gas industry is exempt. Mr. Blotter responded to questions about the additional information he would like about oil and gas operations.

05:32 PM -- Sandy Toland, representing herself, testified in support of the bill. She discussed expanding the analysis to the Western Slope, the book Collateral Damage, and the need to gather information that oftentimes goes unreported due to gag orders and non-disclosure agreements. Ms. Toland responded to questions about unreported complaints.


05:39 PM -- Pam Milmoe, representing Boulder County Public Health, testified in support of the bill. She distributed a chart (Attachment E). She discussed air pollution due to oil and gas emissions and the analysis that would be conducted under the bill. She stated that there are about 300 active wells in Boulder County and that Boulder County has a moratorium on new drilling.

140320 AttachE.pdf140320 AttachE.pdf

05:42 PM -- Gregg Thomas, representing the City and County of Denver, testified in support of the bill. He discussed oil and gas activity in Denver and the proposed analysis.

05:44 PM

Ms. Milmoe responded to questions about the number of active wells in Boulder County, what happens when a complaint is filed in Boulder County, and whether the information is reported to the CDPHE. Mr. Thomas stated that there are almost no oil and gas complaints filed in Denver because of the minimal activity in the city. Ms. Milmoe responded to questions about the chemicals used in the hydraulic fracturing process and the inspections her department conducts on oil and gas operations.

05:51 PM -- Kristi Douglas, representing herself, testified in support of the bill. She discussed the exclusion of the refineries from the bill, economic discrimination, the Rocky Mountain Arsenal, and other energy sources. Ms. Douglas responded to questions about tax revenues from oil and gas industry. She discussed some of the impacts of the oil and gas industry on her community.

06:01 PM

Representative Ginal responded to questions about why refineries and gas stations will not be included in the analysis. Ms. Douglas responded to questions from the committee.

06:08 PM -- Sonia Skakich-Scrima, representing herself and What the Frack?! Arapahoe, read from a written statement (Attachment F) and provided a handout to the committee (Attachment G). Ms. Skakich-Scrima responded to questions the exclusion of Arapahoe County from the analysis. Representative Ginal commented on the removal of Arapahoe County from the bill. Ms. Skakich-Scrima stated that she supports the bill, but that it could be strengthened.

140320 AttachF.pdf140320 AttachF.pdf140320 AttachG.pdf140320 AttachG.pdf

06:16 PM -- Kelly Giddens, representing Citizens for a Healthy Fort Collins, testified in support of the bill. She stated that the analysis will begin to address gaps in data with respect to oil and gas development and human health. She discussed the scientific oversight committee and the Fort Collins moratorium on oil and gas development. Ms. Giddens responded to questions about the Fort Collins moratorium and whether the city is doing any studies on oil and gas development.

06:21 PM -- Bob Overbeck, representing himself, testified in support of the bill. He discussed economic factors related to quality of life and the need for data collection. He responded to questions about whether the City of Fort Collins will be conducting a study on oil and gas activities and the oil and gas operations in Fort Collins.




06:26 PM -- Vince Miller, representing himself, testified in support of the bill. He discussed the Colorado Oil and Gas Conservation Commission. He referred to the Colorado Oil and Gas Association's report titled "Are You Concerned About Oil and Gas Development and Public Health?". He discussed rules related to the oil and gas industry and quality of life. Mr. Miller responded to questions about why Broomfield is not included in the proposed analysis, his professional background, and whether there can be objective scientific questions about quality of life. Representative Ginal discussed studies that have been conducted in Erie.

06:37 PM -- J.D. Ruybal, representing himself, testified in support of the bill. He discussed worker safety, his experience as an oil and gas worker, and the need for workers to be on various boards and commissions. Mr. Ruybal responded to questions about the limitations put on industry workers to express their concerns, whether the oil and gas operations are subject to Occupational Safety and Health Administration regulations, and oil and gas developments in Windsor.

06:50 PM

Representative Ginal discussed a potential amendment and made comments about the bill. Representative Primavera referenced the letters of support included in Attachment A. Representative Ginal read a written statement from Dr. Stephanie Malin (Attachment H). A letter of support from Laura Fronckiewicz (Attachment I) was distributed to the committee.

140320 AttachH.pdf140320 AttachH.pdf140320 AttachI.pdf140320 AttachI.pdf

06:58 PM

Representative Schafer laid the bill over until Tuesday, March 25, 2014, and adjourned the committee.