Final
STAFF SUMMARY OF MEETING

COMMITTEE ON LEGISLATIVE COUNCIL

Date:10/15/2014
ATTENDANCE
Time:09:00 AM to 10:37 AM
Cadman
X
Court
X
Place:HCR 0112
DelGrosso
*
Grantham
X
This Meeting was called to order by
Heath
X
Representative Ferrandino
Hullinghorst
X
Lawrence
X
This Report was prepared by
Melton
X
Dave DeNovellis
Newell
X
Nicholson
X
Pabon
*
Priola
*
Renfroe
*
Scheffel
*
Szabo
X
Tochtrop
X
Carroll
X
Ferrandino
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Introductory Remarks
Marijuana Revenues Interim Committee
Early Childhood and School Readiness Legislative Commission
Mental Illness in the Criminal Justice System Legislative Oversight Committee
Police Officers' and Firefighters' Pension Reform Commission
Transportation Legislation Review Committee
Water Resources Review Committee
Wildfire Matters Review Committee
Witness Testimony and/or Committee Discussion Only
2 Recommendations Approved
2 Recommendations Approved
1 Recommendation Approved
5 Recommendations Approved
2 Recommendations Approved
6 Recommendations Approved
5 Recommendations Approved


09:01 AM -- Introductory Remarks

Speaker Ferrandino, chair, called the meeting to order.

Mr. Mike Mauer, the executive director of Legislative Council Staff, explained that the purpose of the meeting has historically been to decide whether bills proposed by interim committees fit the charge of the interim committee. He discussed how the meeting would generally proceed.



09:03 AM -- Marijuana Revenues Interim Committee

Representative Pabon, Marijuana Revenues Interim Committee chair, came to the table to present Bills A and B recommended by the committee. The summary report prepared for the Legislative Council Committee, copies of the bills, and the committee's charge can be found in Attachment A.

141003 AttachA.pdf141003 AttachA.pdf

The bills are as follows:

Bill A - Marijuana Issues Not Regulated by DOR. This bill makes several changes concerning medical marijuana and caregivers. The bill requires caregivers to register with the Department of Public Health and Environment in addition to the Department of Revenue, as required under current law. Caregivers who fail to register with either agency are prohibited from acting as a caregiver in the future and may be subject to prosecution under existing criminal offenses. The bill also requires the State Board of Medical Examiners to issue guidelines on medical marijuana recommendations by physicians for severe pain and informed consent for patients receiving marijuana from caregivers. The bill requires the Department of Revenue and the Department of Public Health and Environment to share the minimum amount of information necessary to ensure that a medical marijuana patient only has one caregiver and is not using both a caregiver and a medical marijuana center. Any costs under the bill will be paid from the Marijuana Tax Cash Fund.

Bill B - Local Government Retail Marijuana Taxes. The bill clarifies that counties and municipalities are authorized, subject to voter approval, to levy, collect, and enforce a sales tax on all sales of retail marijuana and retail marijuana products by retailers. In addition, the bill gives counties and municipalities the authority, subject to voter approval, to levy, collect, and enforce a local excise tax on the first transfer of unprocessed marijuana from a retail marijuana cultivation facility.


Representative Pabon responded to questions about the bills' sponsorship, medical marijuana caregiver oversight, and punishment for failure to register as a primary caregiver. President Carroll distributed prepared Amendment #1 concerning Bill A's title (Attachment B).

141003 AttachB.pdf141003 AttachB.pdf
BILL:Marijuana Revenues Interim Committee
TIME: 09:08:12 AM
MOVED:Carroll
MOTION:Adopt prepared Amendment #1(Attachment B). The motion passed without objection.
SECONDED:Pabon
VOTE
Cadman
Court
DelGrosso
Grantham
Heath
Hullinghorst
Lawrence
Melton
Newell
Nicholson
Pabon
Priola
Renfroe
Scheffel
Szabo
Tochtrop
Carroll
Ferrandino
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


09:14 AM
BILL:Marijuana Revenues Interim Committee
TIME: 09:14:36 AM
MOVED:Carroll
MOTION:Approve Bill A recommended by the Marijuana Revenues Interim Committee, as amended, as fitting under the committee's charge. The motion passed on a vote of 13-5.
SECONDED:Court
VOTE
Cadman
No
Court
Yes
DelGrosso
Yes
Grantham
No
Heath
Yes
Hullinghorst
Yes
Lawrence
Yes
Melton
Yes
Newell
Yes
Nicholson
Yes
Pabon
Yes
Priola
No
Renfroe
No
Scheffel
No
Szabo
Yes
Tochtrop
Yes
Carroll
Yes
Ferrandino
Yes
YES: 13 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:Marijuana Revenues Interim Committee
TIME: 09:16:05 AM
MOVED:Carroll
MOTION:Approve Bill B recommended by the Marijuana Revenues Interim Committee as fitting under the committee's charge. The motion passed without objection.
SECONDED:Court
VOTE
Cadman
Court
DelGrosso
Grantham
Heath
Hullinghorst
Lawrence
Melton
Newell
Nicholson
Pabon
Priola
Renfroe
Scheffel
Szabo
Tochtrop
Carroll
Ferrandino
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

09:16 AM -- Early Childhood and School Readiness Legislative Oversight Committee

Representative Pettersen and Senator Todd, chair and vice-chair of the Early Childhood and School Readiness Legislative Commission, came to the table to present Bills A, B, and C recommended by the committee. The summary report prepared for the Legislative Council Committee, copies of the bills, and the committee's charge can be found in Attachment C.

141003 AttachC.pdf141003 AttachC.pdf

The bills are as follows:

Bill A. Current law requires that a recipient of assistance under the Colorado Works program must assign to the Colorado Department of Human Services (DHS) his or her right to receive child support payments for the purposes of reimbursing the state for the assistance paid to the recipient. For families eligible to receive Temporary Assistance for Needy Families (TANF) support, Bill A requires the DHS to pass through to the recipient the current child support payments collected by the state. The DHS must annually report to the Joint Budget Committee the amount of child support passed through to recipients. In addition, the amount of child support pass through will not be included as income in calculating the recipient's basic cash assistance payment under the Colorado Works program.


Bill B. This bill creates a new refundable income tax credit for certain early childhood education providers who hold a Colorado early childhood professional credential recognized by the Colorado Department of Education (CDE). To be eligible for the income tax credit, the individual must also be:

employed for at least six months during the year for which the credit is claimed by a child care center that accepts Colorado Child Care Assistance Program (CCCAP) children; or
a child care home provider who has held a Family Child Care Home License issued by the Colorado Department of Human Services (DHS) for at least six months, and does business as a family child care home provider for at least six months during the year for which the credit is claimed.

The credit is equal to:

$1,600 for a Level I Colorado early childhood professional credential;
$2,000 for a Level II Colorado early childhood professional credential; and
$2,500 for a Level III, or higher, Colorado early childhood professional credential.

The income tax credit is refundable and is not limited by the person's actual tax liability. The credit will be available beginning with the 2015 tax year, which commences on January 1, 2015.

Bill C. Current law authorizes funding for 20,160 children to participate in the Colorado Preschool Program as half-time or full-time preschool students. Additionally, current law authorizes funding for 8,200 children as Colorado Preschool Program students or as full-day kindergarten students, when combined with a school district's other funding for kindergarten students. This bill authorizes funding for an additional 3,000 children to participate in the program as either half-time or full-time preschool students only.


Representative Pettersen and Senator Todd responded to questions about the bills' funding sources, whether K-12 teachers receive tax credits, how eligibility for the tax credit is affected by second or third jobs, and whether the bill should have a sunset clause.
BILL:Early Childhood and School Readiness Legislative Oversight Committee
TIME: 09:37:14 AM
MOVED:Carroll
MOTION:Approve Bill A recommended by the Early Childhood and School Readiness Legislative Commission. The motion passed on a vote of 17-1.
SECONDED:Court
VOTE
Cadman
Yes
Court
Yes
DelGrosso
Yes
Grantham
Yes
Heath
Yes
Hullinghorst
Yes
Lawrence
Yes
Melton
Yes
Newell
Yes
Nicholson
Yes
Pabon
Yes
Priola
Yes
Renfroe
Yes
Scheffel
Yes
Szabo
Yes
Tochtrop
Yes
Carroll
Yes
Ferrandino
No
YES: 17 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:Early Childhood and School Readiness Legislative Oversight Commitee
TIME: 09:38:21 AM
MOVED:Court
MOTION:Approve Bill B recommended by the Early Childhood and School Readiness Legislative Commission. The motion failed on a 9-9 vote.
SECONDED:Hullinghorst
VOTE
Cadman
No
Court
Yes
DelGrosso
No
Grantham
No
Heath
Yes
Hullinghorst
Yes
Lawrence
No
Melton
Yes
Newell
Yes
Nicholson
Yes
Pabon
Yes
Priola
No
Renfroe
No
Scheffel
No
Szabo
No
Tochtrop
No
Carroll
Yes
Ferrandino
Yes
YES: 9 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:Early Childhood and School Readiness Legislative Oversight Commitee
TIME: 09:39:39 AM
MOVED:Carroll
MOTION:Approve Bill C recommended by the Early Childhood and School Readiness Legislative Commission. The motion passed on a vote of 10-8.
SECONDED:Newell
VOTE
Cadman
No
Court
Yes
DelGrosso
No
Grantham
No
Heath
Yes
Hullinghorst
Yes
Lawrence
No
Melton
Yes
Newell
Yes
Nicholson
Yes
Pabon
Yes
Priola
No
Renfroe
No
Scheffel
No
Szabo
No
Tochtrop
Yes
Carroll
Yes
Ferrandino
Yes
YES: 10 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: PASS

09:40 AM -- Mental Illness in the Criminal Justice System Legislative Oversight Committee

Representative Labuda and Senator Newell, chair and vice-chair of the Mental Illness in the Criminal Justice System Legislative Oversight Committee, came to the table to present Bill A recommended by the committee. The summary report prepared for the Legislative Council Committee, copies of the bill, and the committee's charge can be found in Attachment D.

141003 AttachD.pdf141003 AttachD.pdf

The bill is as follows:

Bill A — Juvenile Competency To Proceed In Criminal Justice. The bill establishes a juvenile-specific definition of “incompetent to proceed” for juveniles involved in the juvenile justice system, as well as special definitions for “developmental disability,” “intellectual disability,” “mental capacity,” and “mental disability” when used in this context. The bill clarifies the procedures for establishing incompetency and restoration of competency.

BILL:Mental Illness in the Criminal Justice System Legislative Oversight Committee
TIME: 09:45:00 AM
MOVED:Carroll
MOTION:Approve Bill A recommended by the Mental Illness in the Criminal Justice System Legislative Oversight Committee. The motion passed without objection.
SECONDED:Ferrandino
VOTE
Cadman
Court
DelGrosso
Grantham
Heath
Hullinghorst
Lawrence
Melton
Newell
Nicholson
Pabon
Priola
Renfroe
Scheffel
Szabo
Tochtrop
Carroll
Ferrandino
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

09:47 AM

Speaker Ferrandino noted that the amendment offered during the Marijuana Revenue Interim Committee presentation was out of order and that the bill would be approved as originally brought to the committee. The committee members had no objections.

09:46 AM -- Police Officers' and Firefighters' Pension Reform Commission

Senator Tochtrop, chair of the Police Officers' and Firefighters' Pension Reform Commission (FPPA), came to the table to present Bills A, B, C, D, and E recommended by the committee. The summary report prepared for the Legislative Council Committee, copies of the bills, and the committee's charge can be found in Attachment E.

141003 AttachE.pdf141003 AttachE.pdf


The bills are as follows:

Bill A - Transfer Pension Plan Funds To FPPA. Bill A provides specific authority for a member of the FPPA defined benefit plan to transfer funds and, under certain circumstances, receive service credit for participation in a pension plan not administered by FPPA.

Bill B - FPPA Board Assess Administrative Charges. Bill B authorizes the FPPA to assess interest on unpaid contributions to member plans and costs of accounting and regulatory compliance to individual plans.

Bill C - FPPA Beginning Member Contribution Rates. Bill C requires members who enter the FPPA statewide defined benefit plan due to fire department mergers to contribute to the plan in the same manner as members reentering the plan, specifically by paying the continuing uniform rate of contribution established by the FPPA board.

Bill D - FPPA Plan Employee Participation Requirements. Bill D specifies the coverage in FPPA plans available to a fire chief who is exempted from the FPPA statewide defined benefit plan because he or she participates in Social Security or in a FICA replacement plan. The bill also requires all Social Security employers enrolled in the FPPA statewide death and disability plan to also participate, by January 1, 2017, in the FPPA Social Security supplemental plan.


Bill E - Volunteer Firefighter Pension Plan Study. Bill E directs the State Auditor to coordinate a study of volunteer firefighter pension plans in the state, which will include analysis of compliance of current plans with federal law and potential alternatives to the current structure of volunteer firefighter plans. The study will be contracted to a law firm with recognized expertise in the subject matter and presented to the Police Officers' and Firefighters' Pension Reform Commission in the 2015 interim.
BILL:Police Officers' and Firefighters' Pension Reform Commission
TIME: 09:48:57 AM
MOVED:Tochtrop
MOTION:Approve Bills A, B, C, and D recommended by the Police Officers' and Firefighters' Pension Reform Commission. The motion passed on a vote of 17-1.
SECONDED:Court
VOTE
Cadman
Yes
Court
Yes
DelGrosso
Yes
Grantham
Yes
Heath
Yes
Hullinghorst
Yes
Lawrence
Yes
Melton
Yes
Newell
Yes
Nicholson
Yes
Pabon
Yes
Priola
Yes
Renfroe
No
Scheffel
Yes
Szabo
Yes
Tochtrop
Yes
Carroll
Yes
Ferrandino
Yes
YES: 17 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:Police Officers' and Firefighters' Pension Reform Commission
TIME: 09:51:24 AM
MOVED:Tochtrop
MOTION:Approve Bill E recommended by the Police Officers' and Firefighters' Pension Reform Commission. The motion passed on a vote of 10-8.
SECONDED:Melton
VOTE
Cadman
No
Court
Yes
DelGrosso
No
Grantham
No
Heath
Yes
Hullinghorst
Yes
Lawrence
No
Melton
Yes
Newell
Yes
Nicholson
Yes
Pabon
Yes
Priola
No
Renfroe
No
Scheffel
No
Szabo
No
Tochtrop
Yes
Carroll
Yes
Ferrandino
Yes
YES: 10 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: PASS

09:53 AM -- Transportation Legislation Review Committee

Senator Todd and Representative Tyler, chair and vice-chair of the Transportation Legislation Review Committee, came to the table to present Bills A and B recommended by the committee. The summary report prepared for the Legislative Council Committee, copies of the bills, and the committee's charge can be found in Attachment F.

141003 AttachF.pdf141003 AttachF.pdf

The bills are as follows:

Bill A - Firefighter Motorcycle License Plate. Bill A requires the Department of Revenue to issue the current firefighter group special license plate to motorcyclists upon receiving proof that the applicant is an active, volunteer, or retired firefighter. Under current law, the firefighter group special license plate is available for passenger cars, trucks, and recreational vehicles not exceeding 16,000 pounds empty weight; however, the plate is not currently available for motorcycles.


Bill B - Funding for Safe Transportation to Schools. Bill B requires Colorado Department of Transportation (CDOT), under the Safe Routes to School Program, to award at least $3 million in grants to political subdivisions of the state for projects that will improve the safety of pedestrians and bicyclists in school areas. The grants must be awarded during FY 2015-16. The bill requires that state moneys be used for making grant awards of at least $3 million, unless CDOT receives federal funds specifically for the Safe Routes to School program. If CDOT receives federal funds during FY 2015-16 for the program, the $3 million requirement is reduced by the amount of federal moneys received.

Representative Tyler responded to questions about the bills' sponsorships, whether funding will be available for infrastructure, and whether the funding in Bill B is tied to funding allocated in Senate Bill 14-228.
BILL:Transportation Legislation Review Committee
TIME: 10:07:33 AM
MOVED:Court
MOTION:Approve Bill B recommended by the Transportation Legislation Review Committee. The motion passed on a vote of 13-5.
SECONDED:Pabon
VOTE
Cadman
No
Court
Yes
DelGrosso
Yes
Grantham
No
Heath
Yes
Hullinghorst
Yes
Lawrence
Yes
Melton
Yes
Newell
Yes
Nicholson
Yes
Pabon
Yes
Priola
Yes
Renfroe
No
Scheffel
No
Szabo
No
Tochtrop
Yes
Carroll
Yes
Ferrandino
Yes
YES: 13 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:Transportation Legislation Review Committee
TIME: 10:08:36 AM
MOVED:Court
MOTION:Approve Bill A recommended by the Transportation Legislation Review Committee. The motion passed on a vote of 13-5.
SECONDED:Pabon
VOTE
Cadman
Yes
Court
Yes
DelGrosso
No
Grantham
Yes
Heath
Yes
Hullinghorst
Yes
Lawrence
Yes
Melton
Yes
Newell
Yes
Nicholson
Yes
Pabon
Yes
Priola
No
Renfroe
No
Scheffel
Yes
Szabo
No
Tochtrop
Yes
Carroll
Yes
Ferrandino
No
YES: 13 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

10:10 AM -- Water Resources Review Committee

Representative Fischer, chair of the Water Resources Review Committee, came to the table to present Bills A, B, C, D, E, and F recommended by the committee. The summary report prepared for the Legislative Council Committee, copies of the bills, and the committee's charge can be found in Attachment G.

141003 AttachG.pdf141003 AttachG.pdf

The bills are as follows:

Bill A — Promotion of Water Conservation in the Land Use Planning Process. Bill A directs the Colorado Water Conservation Board (CWCB), in consultation with the Division of Planning in the Department of Local Affairs, to develop and provide free training programs, on a recurring basis, for local government water use, water demand, and land use planners regarding best management practices for water demand management and water conservation. The CWCB and the Colorado Water Resources and Power Development Authority, in determining whether to provide financial assistance to a local governmental water supply entity, must consider whether the entity's planners, if it has any, have taken the training and are actively applying it in their planning decisions.

Bill B — Incentives for Precipitation Harvesting. Bill B directs the CWCB to update its approval criteria that sponsors of precipitation harvesting pilot projects can use for substitute water supply and augmentation plans. It reduces the amount of water needed for a project's temporary substitute water supply plan and permanent augmentation plan by the amount of historic natural depletion caused by the preexisting natural vegetative cover and evaporation on the surface of the area made impermeable as part of the pilot project. It also specifies that a project's temporary retention of stormwater for the purpose of improving water quality is not subject to an order of the State Engineer or division engineers, if the retention complies with the board's criteria and guidelines and the applicable requirements of the state's water quality laws.

Bill C — Repeal New Augmentation Standard for the Dawson Aquifer. Current law specifies that, beginning July 1, 2015, augmentation requirements for the withdrawal of water from the Dawson Aquifer must be based on actual aquifer conditions. Bill C repeals this requirement, thereby continuing current law, which requires replacement of actual out-of-priority depletions to the stream; except that the replacement of post-pumping depletions is required only if necessary to compensate for injury.

Bill D — Implementation of House Bill 12-1278 Study Recommendations Concerning the South Platte Alluvial Aquifer. Bill D requires the CWCB, in consultation with the State Engineer, to administer two pilot projects in the areas of Gilcrest/LaSalle and Sterling to evaluate alternative methods of lowering the water table in areas that are experiencing damaging high groundwater levels. It also authorizes the State Engineer to review an augmentation plan submitted to a water court if it includes the construction of a recharge structure. The water court may approve the augmentation plan only if the State Engineer approves the operation and design of the proposed recharge structure or proposes changes to the operation and design of the proposed recharge structure.

Bill E — Invasive Phreatophyte Management Grant. Bill E establishes a 5-year grant program for the management of invasive phreatophytes and creates the Invasive Phreatophyte Grant Program Account in the Noxious Weed Management Fund. The Colorado Department of Agriculture administers the grant program under its authority to manage noxious weeds. To qualify for a grant, an applicant must propose a project for the management of invasive phreatophytes that utilizes best management practices.


Bill F — Appellate Review of Ground Water Commission's Decisions. Under current statute, the evidence that a district court may consider on appeal when reviewing a decision or action of the Ground Water Commission or State Engineer is not limited to the evidence presented to the commission or State Engineer. Bill F limits the evidence that a district court may consider when reviewing a decision or action of the commission or the State Engineer on appeal to the evidence presented to the commission or the state engineer.
BILL:Water Resources Review Committee
TIME: 10:17:34 AM
MOVED:Carroll
MOTION:Approve Bill A recommended by the Water Resources Review Committee. The motion passed on a vote of 9-8, with one member excused.
SECONDED:Hullinghorst
VOTE
Cadman
No
Court
Yes
DelGrosso
No
Grantham
No
Heath
Yes
Hullinghorst
Yes
Lawrence
No
Melton
Yes
Newell
Yes
Nicholson
Yes
Pabon
Excused
Priola
No
Renfroe
No
Scheffel
No
Szabo
No
Tochtrop
Yes
Carroll
Yes
Ferrandino
Yes
YES: 9 NO: 8 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:Water Resources Review Committee
TIME: 10:20:16 AM
MOVED:Court
MOTION:Approve Bill B recommended by the Water Resources Review Committee. The motion passed on a vote of 17-1.
SECONDED:Carroll
VOTE
Cadman
Yes
Court
Yes
DelGrosso
Yes
Grantham
No
Heath
Yes
Hullinghorst
Yes
Lawrence
Yes
Melton
Yes
Newell
Yes
Nicholson
Yes
Pabon
Yes
Priola
Yes
Renfroe
Yes
Scheffel
Yes
Szabo
Yes
Tochtrop
Yes
Carroll
Yes
Ferrandino
Yes
YES: 17 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:Water Resources Review Committee
TIME: 10:21:15 AM
MOVED:Carroll
MOTION:Approve Bill C recommended by the Water Resources Review Committee. The motion passed on a vote of 12-6.
SECONDED:Court
VOTE
Cadman
No
Court
Yes
DelGrosso
Yes
Grantham
No
Heath
Yes
Hullinghorst
Yes
Lawrence
No
Melton
Yes
Newell
Yes
Nicholson
Yes
Pabon
Yes
Priola
Yes
Renfroe
No
Scheffel
No
Szabo
No
Tochtrop
Yes
Carroll
Yes
Ferrandino
Yes
YES: 12 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:Water Resources Review Committee
TIME: 10:22:18 AM
MOVED:Carroll
MOTION:Approve Bill D recommended by the Water Resources Review Committee. The motion passed without objection.
SECONDED:Court
VOTE
Cadman
Court
DelGrosso
Grantham
Heath
Hullinghorst
Lawrence
Melton
Newell
Nicholson
Pabon
Priola
Renfroe
Scheffel
Excused
Szabo
Tochtrop
Carroll
Ferrandino
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:Water Resources Review Committee
TIME: 10:22:37 AM
MOVED:Carroll
MOTION:Approve Bill E recommended by the Water Resources Review Committee. The motion passed without objection.
SECONDED:Court
VOTE
Cadman
Court
DelGrosso
Grantham
Heath
Hullinghorst
Lawrence
Melton
Newell
Nicholson
Pabon
Priola
Renfroe
Scheffel
Excused
Szabo
Tochtrop
Carroll
Ferrandino
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:Water Resources Review Committee
TIME: 10:22:56 AM
MOVED:Carroll
MOTION:Approve Bill F recommended by the Water Resources Review Committee. The motion passed without objection.
SECONDED:Court
VOTE
Cadman
Court
DelGrosso
Grantham
Heath
Hullinghorst
Lawrence
Melton
Newell
Nicholson
Pabon
Priola
Renfroe
Scheffel
Excused
Szabo
Tochtrop
Carroll
Ferrandino
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

10:23 AM -- Wildfire Matters Review Committee

Senator Nicholson, chair of the Wildfire Matters Review Committee, came to the table to present Bills A, B, C, D, E, and Resolution A recommended by the committee. The summary report prepared for the Legislative Council Committee, copies of the bills, and the committee's charge can be found in Attachment H.

141003 AttachH.pdf141003 AttachH.pdf

The bills are as follows:

Bill A — Continue Funding Wildfire Risk Reduction Grants. In 2013, the General Assembly created the Wildfire Risk Reduction Grant Program to fund competitive grants for projects implementing hazardous forest fuel reduction treatments. The program, administered by the Department of Natural Resources, received an initial funding transfer of $9.8 million from the General Fund. Bill A transfers an additional $9.8 million in General Fund moneys to the program, effective July 1, 2015, and makes certain technical changes to the program.





Bill B — Public Building Woody Biomass Energy Grant Program. Bill B creates the Public Woody Biomass Energy Grant Program to be administered by the Department of Natural Resources, and transfers $1 million annually to the program for five years beginning July 1, 2015. Under the program, the department awards grants to public entities to use woody biomass as a fuel source for biomass energy systems in public buildings when the grant allows the public building to be cost-effective in comparison to other fuels or the executive director of the department reasonably believes the grant will provide other substantial benefits specified in rules promulgated by the executive director. The bill outlines some of the rules to be promulgated, including the criteria to be considered in determining the special benefits that a particular grant may provide.

Bill C — Sovereign Immunity for State Employees in a Prescribed Fire. Bill C clarifies that state employees conducting a prescribed burn activity are covered under existing sovereign immunity laws. The bill states that an employee, who is officially certified to conduct prescribed burns and who is acting within the scope of his or her employment, is immune from liability for tort claims. The bill does not extend immunity to an employee whose actions or failures are willful or wanton.

Bill D — Volunteer Fire Department Organization. Bill D creates a framework for the organization of nonprofit, nongovernmental volunteer fire departments and provides for the participation of these departments in programs and grants administered by the Division of Fire Prevention and Control in the Department of Public Safety. To be recognized as a volunteer fire department under the bill, the department must be incorporated as a nonprofit corporation and enter into an agreement to provide firefighting and related services to local or state officials responsible for fire protection.

Bill E — Agricultural Land Destroyed by Natural Cause. Bill E specifies that if agricultural land is destroyed by a natural cause on or after January 1, 2012, the land will retain its agricultural classification for a rehabilitation period consisting of the year of destruction and the next four property tax years. During the rehabilitation period, the bill specifies that the owner must make progress toward restoring agricultural use or, in the case of forest land, must comply with an approved forest management plan.


Resolution A — Request Federal Wildland Fire Suppression Support. Resolution A requests action from the federal government concerning wildfire suppression and mitigation. The request asks the federal government to create a separate fire suppression line item in the federal budget due to changes in federal funding for fire mitigation. Additionally, the resolution asks the federal government to purchase additional aerial firefighting equipment to be used for wildfire suppression in Colorado and other states.
BILL:Wildfire Matters Review Committee
TIME: 10:28:13 AM
MOVED:Carroll
MOTION:Approve Bill A recommended by the Wildfire Matters Review Committee. The motion passed without objection.
SECONDED:Court
VOTE
Cadman
Court
DelGrosso
Grantham
Heath
Hullinghorst
Lawrence
Melton
Newell
Nicholson
Pabon
Priola
Renfroe
Scheffel
Szabo
Tochtrop
Carroll
Ferrandino
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:Wildfire Matters Review Committee
TIME: 10:29:34 AM
MOVED:Carroll
MOTION:Approve Bill B recommended by the Wildfire Matters Review Committee. The motion passed on a vote of 10-6, with two members excused.
SECONDED:Court
VOTE
Cadman
No
Court
Yes
DelGrosso
No
Grantham
No
Heath
Yes
Hullinghorst
Yes
Lawrence
Excused
Melton
Yes
Newell
Yes
Nicholson
Yes
Pabon
Yes
Priola
Excused
Renfroe
No
Scheffel
No
Szabo
No
Tochtrop
Yes
Carroll
Yes
Ferrandino
Yes
YES: 10 NO: 6 EXC: 2 ABS: 0 FINAL ACTION: PASS


BILL:Wildfire Matters Review Committee
TIME: 10:30:51 AM
MOVED:Nicholson
MOTION:Approve Bill C recommended by the Wildfire Matters Review Committee. The motion failed on a vote of 4-13, with one member excused.
SECONDED:Hullinghorst
VOTE
Cadman
No
Court
Yes
DelGrosso
No
Grantham
No
Heath
Yes
Hullinghorst
Yes
Lawrence
Excused
Melton
Yes
Newell
No
Nicholson
No
Pabon
No
Priola
No
Renfroe
No
Scheffel
No
Szabo
No
Tochtrop
No
Carroll
No
Ferrandino
No
YES: 4 NO: 13 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:Wildfire Matters Review Committee
TIME: 10:33:11 AM
MOVED:Carroll
MOTION:Approve Bill D recommended by the Wildfire Matters Review Committee. The motion passed without objection.
SECONDED:Nicholson
VOTE
Cadman
Court
DelGrosso
Grantham
Heath
Hullinghorst
Lawrence
Melton
Newell
Nicholson
Pabon
Priola
Renfroe
Scheffel
Szabo
Tochtrop
Carroll
Ferrandino
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:Wildfire Matters Review Committee
TIME: 10:33:27 AM
MOVED:Carroll
MOTION:Approve Bill E recommended by the Wildfire Matters Review Committee. The motion passed without objection.
SECONDED:Nicholson
VOTE
Cadman
Court
DelGrosso
Grantham
Heath
Hullinghorst
Lawrence
Melton
Newell
Nicholson
Pabon
Priola
Renfroe
Scheffel
Szabo
Tochtrop
Carroll
Ferrandino
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:Wildfire Matters Review Committee
TIME: 10:33:49 AM
MOVED:Carroll
MOTION:Approve Resolution A recommended by the Wildfire Matters Review Committee. The motion passed on a vote of 12-6.
SECONDED:Nicholson
VOTE
Cadman
Yes
Court
Yes
DelGrosso
No
Grantham
No
Heath
Yes
Hullinghorst
Yes
Lawrence
No
Melton
Yes
Newell
Yes
Nicholson
Yes
Pabon
Yes
Priola
No
Renfroe
No
Scheffel
No
Szabo
Yes
Tochtrop
Yes
Carroll
Yes
Ferrandino
Yes
YES: 12 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS

10:37 AM

The committee adjourned.