Date: 03/13/2014

Final
BILL SUMMARY for SB14-103

HOUSE COMMITTEE ON TRANSPORTATION & ENERGY

Votes: View--> Action Taken:
Adopt amendment L.002 (Attachment A). The motion f
Refer Senate Bill 14-103 to the Committee of the W
FAIL
PASS



02:17 PM -- SB 14-103

Representative Tyler, chair, called the meeting to order. A quorum was present. Representative Fischer, prime sponsor, presented Senate Bill 14-103. The bill prohibits the sale of low-efficiency plumbing fixtures in Colorado as of September 1, 2016. This includes faucets, shower heads, flushing urinals and toilets. "WaterSense-listed" plumbing fixtures are defined as having been tested and certified by an accredited third-party body or laboratory in accordance with the federal Environmental Protection Agency's WaterSense program or its successor program. It also repeals less stringent standards for water fixtures included in current law. By March 1, 2017, plumbing fixture manufacturers that sell products in Colorado are required to report to the Colorado Water Conservation Board (CWCB) in the Department of Natural Resources, and the House and Senate Agriculture committees on their 2016 sales in Colorado of low-efficiency and WaterSense-listed plumbing fixtures. Local governments may still prescribe additional or more restrictive water conservation requirements for plumbing fixtures. Representative Fischer discussed the provisions of the bill. Representative Mitsch Bush asked about the repeal of the water-smart homes option under the bill. Representative Lee commended Representative Fischer for bringing the bill forward and asked why the implementation is in 2016 and not sooner. Representative Coram asked why the bill is necessary and why it needs to be a statewide program. Discussion ensued concerning why the bill is a statewide matter. Representative Lawrence asked why this bill was assigned to this committee and not House Agriculture and Natural Resources Committee.

The following people testified on the bill:

02:44 PM --
Dan Weed, representing the Colorado Chapter of the International Code Council, testified in opposition to the bill. He commented on safety concerns with the bill and said that the bill holds proprietary language. He responded to questions from the committee concerning WaterSense and related certification.

02:52 PM --
Greg Fisher, representing Denver Water, testified in support of the bill. He commented on cost of WaterSense and said that it is performance tested. He responded to questions from the committee concerning WaterSense.

03:00 PM --
Chris Piper, representing Denver Water, testified in support of the bill. He commented on the performance testing of WaterSense toilets and fixtures. He said that they are opposed to prepared amendment L.002 (Attachment A). He responded to questions from the committee concerning the risks of scalding. Representative Peniston asked the four states that have adopted the program. Mr. Piper responded that there are three states that did a phased-in sales approach are Georgia, Texas, and California. Representative Lee asked for more information about difficulties with septic systems on the Western Slope. Mr. Piper said that the primary cause with septic failure is too much flow.

140313 AttachA.pdf140313 AttachA.pdf

03:08 PM --
Jeannine Shaw, representing Denver Water, testified in support of the bill. She commented on waste-water treatment plants and the efficiency of WaterSense shower heads. She responded to questions from the committee.

03:17 PM --
Doug Kemper, representing the Colorado Water Congress, testified in support of the bill. He commented on municipal water conservation and responded to questions from the committee.

03:25 PM --
Rachel Geiger, representing Rural Water, testified in support of the bill. She responded to questions concerning Aurora's water-saving programs.



BILL:SB14-103
TIME: 03:32:18 PM
MOVED:Coram
MOTION:Adopt amendment L.002 (Attachment A). The motion failed on a vote of 5-7.
SECONDED:Scott
VOTE
Buck
Yes
Coram
Yes
Everett
Excused
Fischer
No
Ginal
No
Kraft-Tharp
Yes
Lawrence
Yes
Lee
No
Mitsch Bush
No
Peniston
No
Scott
Yes
Moreno
No
Tyler
No
YES: 5 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:SB14-103
TIME: 03:42:23 PM
MOVED:Fischer
MOTION:Refer Senate Bill 14-103 to the Committee of the Whole. The motion passed on a vote of 8-4, with one member excused.
SECONDED:Peniston
VOTE
Buck
No
Coram
No
Everett
Excused
Fischer
Yes
Ginal
Yes
Kraft-Tharp
Yes
Lawrence
No
Lee
Yes
Mitsch Bush
Yes
Peniston
Yes
Scott
No
Moreno
Yes
Tyler
Yes
Final YES: 8 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS