Date: 05/02/2014

Final
BILL SUMMARY for SB14-197

HOUSE COMMITTEE ON TRANSPORTATION & ENERGY

Votes: View--> Action Taken:
Adopt amendment L.017 (Attachment A). The motion f
Refer Senate Bill 14-197 to the Committee on Appro		FAIL
PASS



12:13 PM -- SB 14-197

Representative Tyler, chair, called the meeting to order. A quorum was present. Representatives Foote and Kraft-Tharp, co-prime sponsors, presented Senate Bill 14-197. The bill requires the board of the High-Performance Transportation Enterprise (HPTE) in the Colorado Department of Transportation (CDOT) to increase public notice of and participation in, and legislative oversight of, any public-private partnership (PPP) involving the HPTE. As such, the board must, in coordination with local governments, hold public meetings throughout the PPP process and provide full and timely notice to state legislators, county and municipal governments, and the general public. After entering into a PPP, the board must provide the terms of the agreement to the Senate Transportation Committee and House Transportation & Energy Committee and post the terms of the agreement on the CDOT website. The bill also increases the membership of the board from seven to eight members. Additionally, the bill prohibits the HPTE from entering into PPPs that contain certain provisions until the General Assembly specifically approves any such provision through the enactment of a Joint Resolution. The HPTE must provide public notice of any change in the status of a high-occupancy vehicle (HOV) lane, and when considering a project related to HOV, high-occupancy toll (HOT) lanes, or managed lanes, the HPTE must evaluate the sustainability of express bus service or bus rapid transit service. Finally, the bill allows the State Auditor to audit the HPTE.

Representative Lawrence said that she will be abstaining from a vote pursuant to House Rule 21(c). Representative Kraft-Tharp discussed the intent of the legislation and the U.S. 36 PPP agreement between the HPTE and Plenary. She commented on the need for public involvement and legislative oversight in PPPs entered into by the CDOT. Representative Foote provided a brief overview of the impetus behind the bill and said that the bill is a product of several discussions with CDOT and the HPTE to address public involvement and legislative oversight. He commented on the stakeholder process and Senate amendments to the bill. Representative Coram asked if CDOT fully supports the current version of the bill. Representative Foote clarified that CDOT is neutral on the bill. Representative Mitsch Bush asked for more information about public input and legislative oversight provisions under the bill. Representative Kraft-Tharp discussed the public hearings required during the PPP process pursuant to the bill. She commented on the annual reporting to the General Assembly and said that the intention is to get thorough information on future PPP projects. Representative Foote said that the transparency requirements are in addition to other state or federal reporting requirements. Representative Lee asked for more information concerning legislative approval of certain PPP projects under the bill. Representative Foote commented on the certain PPP projects for which the bill would require legislative approval. Representative Moreno asked for clarification on legislative approval pursuant to the bill, specifically the requirement of a joint resolution. Representative Fischer asked what other states have legislative oversight of PPPs similar to this bill. Representative Foote said that there are at least nine states who have legislative oversight of PPP projects. Discussion ensued concerning legislative oversight of PPPs.

12:34 PM

Representative Lawrence asked if any other state agencies are subject to similar scrutiny when they enter into PPP projects. Discussion ensued concerning PPPs.

12:43 PM

Representative Lee asked for more information concerning the stakeholder process for the bill. Representative Tyler asked for more information concerning noncompete agreements and Senate amendments to the bill.

The following persons testified on the bill:

12:57 PM -- Jack Hilbert, representing the C-470 Coalition and Douglas County, testified in opposition to the bill. He said that C-470 supports part of the bill but has concerns with certain provisions. He commented on transparency and his concerns with the bill. He responded to questions from the committee.

01:07 PM -- Bill Ray, representing Jefferson Parkway, testified in opposition to the bill.

01:10 PM -- Charles Ward, representing the Denver Metro Chamber of Commerce, testified in opposition to the bill. He responded to questions concerning his opposition to the bill.

01:14 PM -- Travis Boone, representing the American Council of Engineering Companies, testified in opposition to the bill. He responded to questions from the committee.

01:19 PM -- Tony Milo, representing the Colorado Contractors Association, testified in opposition to the bill. He responded to questions from the committee concerning his opposition to the bill.

01:25 PM -- Leslie Thomas and Kelly Leid, representing the city and county of Denver, testified in opposition to the bill. Mr. Leid responded to questions from the committee.

01:30 PM -- Michael Gifford, representing the Associated General Contractors of Colorado, testified in opposition to the bill.

01:34 PM -- Karen Hammer, representing Drive Sunshine Institute, testified on the bill. She commented on transparency in PPPs and responded to questions from the committee.

01:43 PM -- Cliff Smedley, representing Drive Sunshine Institute, testified in opposition to the bill.

01:45 PM -- Patrick Quinn, representing U.S. 36 Community Solutions, testified in support of the bill. He commented on the need for transparency in PPP projects and responded to questions from the committee.

01:50 PM -- Will Toor, representing the Southwest Energy Efficiency Project, testified in support of the bill. He responded from questions from the committee.

01:59 PM -- Danny Katz, representing the Colorado Public Interest Research Group, testified in support of the bill. He responded to questions from the committee concerning their involvement with the U.S. 36 PPP.
BILL:SB14-197
TIME: 02:05:16 PM
MOVED:Coram
MOTION:Adopt amendment L.017 (Attachment A). The motion failed on a vote of 5-7.
SECONDED:Scott
VOTE
Buck
Yes
Coram
Yes
Everett
Yes
Fischer
No
Ginal
No
Kraft-Tharp
No
Lawrence
Lee
No
Mitsch Bush
No
Peniston
No
Scott
Yes
Moreno
No
Tyler
Yes
YES: 5 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL

140502 AttachA.pdf140502 AttachA.pdf

BILL:SB14-197
TIME: 02:17:37 PM
MOVED:Kraft-Tharp
MOTION:Refer Senate Bill 14-197 to the Committee on Appropriations. The motion passed on a vote of 8-4, with one member taking a 21(c).
SECONDED:Moreno
VOTE
Buck
No
Coram
No
Everett
No
Fischer
Yes
Ginal
Yes
Kraft-Tharp
Yes
Lawrence
Lee
Yes
Mitsch Bush
Yes
Peniston
Yes
Scott
No
Moreno
Yes
Tyler
Yes
Final YES: 8 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS




02:22 PM

The committee adjourned.