Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON TRANSPORTATION & ENERGY

Date:05/01/2014
ATTENDANCE
Time:11:29 AM to 01:38 PM
Buck
X
Coram
X
Place:HCR 0112
Everett
X
Fischer
X
This Meeting was called to order by
Ginal
*
Representative Tyler
Kraft-Tharp
X
Lawrence
*
This Report was prepared by
Lee
X
Kelli Kelty
Mitsch Bush
X
Peniston
X
Sonnenberg
X
Moreno
*
Tyler
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB14-192Amended, Referred to Appropriations


11:29 AM -- SB 14-192

Representative Tyler, chair, called the meeting to order. A quorum was present. Representatives Becker and Wright, co-prime sponsors, presented Senate Bill 14-192. When remediating radioactive contamination to groundwater wells, the reengrossed bill requires that all groundwater wells be restored to at least the numeric groundwater standards as established by the Water Quality Control Commission in the Colorado Department of Public Health and Environment (CDPHE) that apply to the historic uses of the wells. The licensee is required to remediate any release affecting groundwater wells in the most expedited manner reasonably possible using the best available active restoration and groundwater monitoring technologies. The licensee is required to provide notice to the CDPHE as soon as practicable upon discovery of any spill or release involving toxic or radioactive materials and provide an initial written report within seven days after the discovery. The CDPHE must post these reports on its website no later than seven days after receipt of the information. The bill eliminates the statutory deadline for the CDPHE to make an initial draft decision on a license application for a facility, site, or shipment for disposal of radioactive waste. The CDPHE is required to give public notice of a draft decision. It increases the amount an applicant must pay to the board of county commissioners of the county in which the radioactive waste is proposed to be received for storage, processing or disposal from $50,000 to $50,000 adjusted for inflation since 2003.

Representative Becker discussed the intent and provisions of the bill. Representative Wright said that the bill is not about stonewalling industry, but rather it is about protecting citizens and the health of the environment. Representative Coram expressed his concerns with groundwater and uranium mining.

The following people testified on the bill:

11:37 AM --
Jeff Parsons, representing Colorado Citizens Against Toxic Waste, testified in support of the bill. He commented on the provisions of the bill and superfund sites. He said that the bill eliminates process problems. Representative Lee asked about natural attenuation.



11:49 AM --
Paul Szilagyi, representing Nuvemo, LLC., testified in opposition to the bill. He commented on uranium mining and distributed a handout the committee (Attachment A). He responded to questions concerning his opposition to the bill. Discussion ensued concerning Senate amendments to the bill.

140501 AttachA.pdf140501 AttachA.pdf

12:01 PM --
Patrick Siglin, representing Black Range Minerals, testified in opposition to the bill. He gave a brief overview of his organization and expressed his opposition to the bill. He clarified that his organization is not currently doing any mining-related activities in Colorado, but rather are engaged in more exploratory activities. Representative Fischer asked for more information about ablation technology. Discussion ensued concerning mining methods.

12:10 PM --
Rod Grebb, representing Black Range Materials, testified in opposition to the bill. He indicated that he supports the Senate amendments and commented on borehole mining. He discussed ablation and responded to questions from the committee.

12:17 PM --
Stuart Sanderson and Dianna Orf, representing the Colorado Mining Association, testified on the bill. Mr. Sanderson indicated their support for Senate amendments to the bill and distributed a handout (Attachment B). Ms. Orf addressed questions related to Senate amendments to the bill and remediation of groundwater wells.

140501 AttachB.pdf140501 AttachB.pdf

12:31 PM --
Carol Dunn, representing herself, testified in support of the bill. She commented on her concern with ablation technology and responded to related questions from the committee.

12:37 PM --
Sharyn Cunningham, representing herself, testified in support of the bill.

12:43 PM --
John Sporleder, representing himself, testified in support of the bill. He commented on his experience as an educator and contaminated spills that affected his school.

12:48 PM --
Nancy Seger, representing herself, testified in support of the bill.

12:51 PM --
Catherine Meyrick, representing herself, testified in support of the bill.

12:54 PM --
Kay Hawklee, representing herself, testified in support of the bill. She commented on groundwater contamination.


01:01 PM --
Martha Rudolf, representing CDPHE, testified on the bill. She commented on the stakeholder process and indicated that the department is neutral on the bill. She responded to questions from the committee concerning responsibilities of the department pursuant to the bill.
BILL:SB14-192
TIME: 01:15:41 PM
MOVED:Tyler
MOTION:Adopt amendment L.010 (Attachment C). The motion passed on a vote of 8-5.
SECONDED:Fischer
VOTE
Buck
No
Coram
No
Everett
No
Fischer
Yes
Ginal
Yes
Kraft-Tharp
Yes
Lawrence
No
Lee
Yes
Mitsch Bush
Yes
Peniston
Yes
Sonnenberg
No
Moreno
Yes
Tyler
Yes
YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

140501 AttachC.pdf140501 AttachC.pdf


BILL:SB14-192
TIME: 01:29:06 PM
MOVED:Fischer
MOTION:Adopt a conceptual amendment to amendment L.010, line 9 after the period insert " PROCESSING" DOES NOT INCLUDE CONVENTIONAL OPEN OR UNDERGROUND MINING TECHNIQUES PERMITTED UNDER ARTICLE 32 OF TITLE 34, C.R.S." The motion passed without objection.
SECONDED:Peniston
VOTE
Buck
Coram
Everett
Fischer
Ginal
Kraft-Tharp
Lawrence
Lee
Mitsch Bush
Peniston
Sonnenberg
Moreno
Tyler
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:SB14-192
TIME: 01:31:44 PM
MOVED:Fischer
MOTION:Adopt amendment L.014 (Attachment D). The motion passed on a vote of 9-4.
SECONDED:Mitsch Bush
VOTE
Buck
No
Coram
Yes
Everett
No
Fischer
Yes
Ginal
Yes
Kraft-Tharp
Yes
Lawrence
No
Lee
Yes
Mitsch Bush
Yes
Peniston
Yes
Sonnenberg
No
Moreno
Yes
Tyler
Yes
YES: 9 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

140501 AttachD.pdf140501 AttachD.pdf


BILL:SB14-192
TIME: 01:32:51 PM
MOVED:Sonnenberg
MOTION:Adopt a conceptual amendment to amendment L.014, strike "FOUR HUNDRED FIFTY DAYS" and insert "THREE HUNDRED SIXTY DAYS". The motion failed on a vote of 6-7.
SECONDED:Coram
VOTE
Buck
Yes
Coram
Yes
Everett
Yes
Fischer
No
Ginal
No
Kraft-Tharp
No
Lawrence
Yes
Lee
No
Mitsch Bush
No
Peniston
No
Sonnenberg
Yes
Moreno
No
Tyler
Yes
YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL



BILL:SB14-192
TIME: 01:36:04 PM
MOVED:Lee
MOTION:Refer Senate Bill 14-192, as amended, to the Committee on Appropriations. The motion passed on a vote of 8-5.
SECONDED:Fischer
VOTE
Buck
No
Coram
No
Everett
No
Fischer
Yes
Ginal
Yes
Kraft-Tharp
Yes
Lawrence
No
Lee
Yes
Mitsch Bush
Yes
Peniston
Yes
Sonnenberg
No
Moreno
Yes
Tyler
Yes
Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:38 PM

The committee adjourned.