Senate Committee on Agriculture, Natural Resources, & Energy (04/23/2015)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON AGRICULTURE, NATURAL RESOURCES, & ENERGY

Date:	04/23/2015	ATTENDANCE

Time:	01:35 PM to 04:12 PM	Baumgardner	*
		Cooke	*
Place:	SCR 356	Donovan	X
		Garcia	*
This Meeting was called to order by		Hodge	X
	Senator Sonnenberg	Jones	X
		Scott	*
This Report was prepared by		Roberts	X
	David Beaujon	Sonnenberg	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB15-1129 HB15-1132 HB15-1013 SB15-232		Referred to Appropriations Referred to Finance Amended, Referred to Appropriations Referred to the Committee of the Whole

01:36 PM -- HB 15-1129

Senator Roberts, sponsor, described the provisions of House Bill 15-1129 concerning the Colorado Disaster Prediction and Decision Support System. She also distributed a letter of support for the bill from Michael Rogers, President, Professional Firefighters (Attachment A) and Gary Briese, Colorado State Fire Chiefs (Attachment B). This reengrossed bill requires the Division of Fire Prevention and Control (DFPC) in the Department of Public Safety (DPS) to develop a decision-support system to predict certain disasters. Specifically, the DFPC is required to contract for the development of the Colorado Wildland Fire Prediction and Decision Support System. The capabilities of this system must include prediction of wildland fire conditions and aviation weather hazards that affect the state aerial firefighting operations. The DFPC must contract with a nonprofit or tax-exempt Colorado-based research organization with expertise in atmospheric science and certain related qualifications. This contract is exempt from the State Procurement Code and must be entered into by December 1, 2015. The contract also has certain technical and performance requirements, such as the acquisition of real-time weather and fire fuel information. While under contract, the DFPC is required to coordinate with governmental end users across the state. The DFPC may solicit and accept in-kind donations or monetary gifts, grants, and donations for the decision-support system. Moneys received are deposited in the Colorado Firefighting Air Corps Fund. Monetary donations to this cash fund are continuously appropriated to the DFPC for the costs of implementing the bill.

150423 AttachA.pdf

150423 AttachB.pdf

The following persons testified on the bill:

01:41 PM -- Kelly Campbell, Property and Causality Insurers Association of America, spoke in support of the bill.

01:43 PM -- Bill Mahoney, National Center for Atmospheric Research, spoke in support of the bill. Mr. Mahoney provided a computer presentation that showed examples of how the modeling used in developing the prediction and decision-support systems is used for floods and wildfires.

01:48 PM -- Paul Cooke, Director, Division of Fire Prevention and Control, Colorado Department of Public Safety, testified in support of the bill. He responded to questions from the committee about the benefits of prior appropriations of state moneys for wildland fire fighting and prevention.

01:58 PM

The chair closed testimony on the bill. Senator Roberts closed her remarks on the bill.


BILL:	HB15-1129
TIME:	02:01:16 PM
MOVED:	Roberts
MOTION:	Refer House Bill 15-1129 to the Committee on Appropriations. The motion passed on a vote of 6-3.
SECONDED:
		VOTE
	Baumgardner	No
	Cooke	Yes
	Donovan	Yes
	Garcia	Yes
	Hodge	Yes
	Jones	Yes
	Scott	No
	Roberts	Yes
	Sonnenberg	No

Final YES: 6 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:01 PM -- HB 15-1132

Senator Hodge and Senator Scott, co-prime sponsors, described the provisions of House Bill 15-1132 concerning the residential energy efficiency tax credit. This bill creates an income tax credit for qualified improvements that increase the energy efficiency of residential property. The tax credit is based on the level of energy savings achieved. Taxpayers apply for the credit through the Colorado Energy Office (CEO). The CEO is to adjust the tax credit to account for other incentive programs and provide taxpayers with a certificate to claim the credit. Taxpayers can submit the certificate when they file their income tax return. The credit is not refundable but may be carried forward for up to five years and is available in tax years 2016 through 2018.

The following persons testified on the bill:

02:05 PM -- Jeani Frickey Saito, Colorado Rural Electric Association, spoke in support of the bill.

02:08 PM -- Peter Rusin, Colorado Energy Office, spoke in support of the bill. He explained that HB 15-1132 was recommended by the CEO, and discussed the residential energy efficiency tax credit that it would create.

02:11 PM -- Andy Wildenberg, E3 Power, spoke in support of the bill and explained that he operates an independent energy audit company.

02:14 PM

The chair closed testimony on the bill. Senator Scott and Senator Hodge closed their remarks on the bill.


BILL:	HB15-1132
TIME:	02:15:30 PM
MOVED:	Scott
MOTION:	Refer House Bill 15-1132 to the Committee on Finance. The motion passed on a vote of 8-0.
SECONDED:
		VOTE
	Baumgardner	Excused
	Cooke	Yes
	Donovan	Yes
	Garcia	Yes
	Hodge	Yes
	Jones	Yes
	Scott	Yes
	Roberts	Yes
	Sonnenberg	Yes

Final YES: 8 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:16 PM -- HB 15-1013

Senator Sonnenberg and Senator Hodge, co-prime sponsors, described the provisions of House Bill 15-1013 that implements certain recommendations of the South Platte Aquifer Study. They also distributed Amendment L.007 (Attachment C). House Bill 12-1278 required the Colorado Water Conservation Board (CWCB), in consultation with the State Engineer and the Colorado Water Institute at Colorado State University, to conduct a comprehensive study to compile and evaluate available historic hydrologic data for the South Platte River Basin. The reengrossed bill implements the two parts of recommendation number one from the HB 12-1278 study report for the mitigation of localized high water table conditions.

150423 AttachC.pdf

The first section of House Bill 15-1013 requires the CWCB and the State Engineer to select two pilot projects to test alternative methods of lowering the water table in areas along the South Platte River that are experiencing damaging high groundwater levels. One pilot project must be located near either Gilcrest or LaSalle; the second project must be near Sterling. The bill identifies application and approval criteria for the pilot projects including topics subject to rulemaking by the CWCB. The CWCB and State Engineer will annually report their findings to the WRRC and submit a final report by September 1, 2020. The second section of House Bill 15-1013 requires the State Engineer to approve or propose changes to the operation and design of proposed recharge structures for augmentation plans that include construction of a recharge structure. Under current law, when a water court considers an application for an augmentation plan that includes a recharge structure, the court evaluates whether the plan will offset out-of-priority depletions but does not consider the effect of the increased groundwater on nearby property. To address this issue, the study recommended that the State Engineer determine whether the increase in groundwater from the proposed recharge structures are likely to cause injury.

The following persons testified on the bill:

02:20 PM -- Dianna Orf, Colorado Water Congress, requested an amendment to remove Section 2 of the bill concerning the State Engineer's authority to review augmentation plans related to recharge structures.

02:22 PM -- Andy Jones, Legacy Waters Association, Central Colorado Water Conservancy District, spoke in support of Section 1 of the bill concerning the pilot project and expressed concern about Section 2 of the bill.

02:29 PM -- Robert Longenbaugh, representing himself, discussed his expertise concerning high groundwater levels in the South Platte basin and explained how the bill will help address rising groundwater levels in the South Platte basin. He explained that he is opposed to the reengrossed bill and requested amendments to Section 1 and Section 2 of the bill.

02:39 PM

The chair closed testimony on the bill. Senator Sonnenberg and Senator Hodge closed their remarks on the bill.


BILL:	HB15-1013
TIME:	02:40:22 PM
MOVED:	Sonnenberg
MOTION:	Adopt amendment L.007. The motion passed without objection.
SECONDED:
		VOTE
	Baumgardner
	Cooke
	Donovan
	Garcia
	Hodge
	Jones
	Scott
	Roberts
	Sonnenberg

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB15-1013
TIME:	02:42:41 PM
MOVED:	Sonnenberg
MOTION:	This is a conceptual amendment. Amend Page 6, line 9, strike "INJURY" and substitute "DAMAGE TO PROPERTY" The motion passed without objection.
SECONDED:
		VOTE
	Baumgardner
	Cooke
	Donovan
	Garcia
	Hodge
	Jones
	Scott
	Roberts
	Sonnenberg

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB15-1013
TIME:	02:45:12 PM
MOVED:	Sonnenberg
MOTION:	Refer House Bill 15-1013, as amended, to the Committee on Appropriations. The motion passed on a vote of 8-0.
SECONDED:
		VOTE
	Baumgardner	Yes
	Cooke	Yes
	Donovan	Yes
	Garcia	Yes
	Hodge	Yes
	Jones	Yes
	Scott	Excused
	Roberts	Yes
	Sonnenberg	Yes

Final YES: 8 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:45 PM -- SB 15-232

Senator Baumgardner and Senator Sonnenberg, co-prime sponsors, described the provisions of Senate Bill 15-232 concerning the Colorado Federal Land Management Commission. The bill creates the 15-member Colorado Federal Land Management Commission, which is comprised of 12 county commissioners from different regions of the state, appointed by boards of county commissioners, and 3 other members appointed by organizations representing the Western Slope, southern Colorado, and northeastern Colorado. The commission is required to study the transfer of public lands in Colorado from the federal government to the state, if authorized by Congress. The study must include development of a plan for the management, lease, sale, and use of federal lands and an economic analysis of the impact of transferring federal lands to the state. The commission is required to hold its first meeting by November 1, 2015, and submit initial reports to the agriculture committees of the General Assembly by April 1, 2016, and April 1, 2017. A final report must be submitted by November 1, 2017, and a presentation on the final report given at a joint meeting of the agriculture committees by January 30, 2018.

The following persons testified on the bill:

02:56 PM -- John Martin, Garfield County, spoke in support of the bill and discussed the effect of federal land management policies on county tax revenue or other impacts.

03:04 PM -- Dianna Orf, Associated Governments of Northwest Colorado, spoke in support of the bill.

03:05 PM -- Kelly Sloan, Mesa County, spoke in support of the bill and distributed a letter of support for the bill from the Mesa County Board of County Commissioners (Attachment D).

150423 AttachD.pdf

03:08 PM -- Anne Rickenbaugh, Colorado Wild Public Lands, Inc., spoke in opposition to the bill and submitted a copy of her written remarks (Attachment E).

150423 AttachE.pdf

03:13 PM -- Tom Verry, representing himself, spoke in opposition to the bill.

03:14 PM -- Suzanne O'Neill, Colorado Wildlife Federation, spoke in opposition to the bill.

03:19 PM -- John Singletary, representing himself, spoke in opposition to the bill and identified boards and commissions that he has served on including the Wildlife Commission and the Great Outdoors Colorado Board of Directors.

03:25 PM -- Scott Braden, Conservation Colorado, spoke in opposition to the bill and distributed a handout that identifies similar studies commissioned in other states? (Attachment F).

150423 AttachF.pdf

03:31 PM -- Julie Mach, Colorado Mountain Club, spoke in opposition to the bill (Attachment G).

150423 AttachG.pdf

03:34 PM -- Greg Holm, Backcountry Hunters and Anglers, spoke in opposition to the bill and submitted a copy of his written testimony (Attachment H).

150423 AttachH.pdf

03:38 PM -- Jason Bertalocci, Outdoor Alliance Colorado, spoke in opposition to the bill and submitted a copy of his written testimony (Attachment I).

150423 AttachI.pdf

03:42 PM -- Steve Bonowski, Colorado Chapter of Conserve Colorado, Conservatives for Responsible Stewardship, spoke in opposition to the bill and discussed the findings of a similar study conducted in Idaho and submitted to the Idaho legislature.

03:46 PM -- Jen Boulton, Colorado Audubon, Colorado Trout Unlimited, National Audubon, National Trout Unlimited, spoke in opposition to the bill.

03:48 PM -- Doug Holland, Sierra Club, spoke in opposition to the bill and submitted a copy of his written testimony (Attachment J).

150423 AttachJ.pdf

03:51 PM -- Rachel Richards, Pitkin County, spoke in opposition to the bill and explained that Colorado Counties, Inc., did not take a position on the bill.

03:54 PM -- Matt Shimanek, Backcountry Hunters and Anglers, spoke in opposition to the bill.

03:56 PM -- George Wallace, Backcountry Hunters and Anglers, spoke in opposition to the bill (Attachment K).

150423 AttachK.pdf

04:01 PM -- Robert Harris, Western Resource Advocates, spoke in opposition to the bill.

04:02 PM -- Steven F. Childs, Chair of the Pitkin County Board of County Commissioners, submitted a letter of opposition to the bill (Attachment L).

150423 AttachL.pdf

04:04 PM

The chair closed testimony on the bill. Senator Baumgardner and Senator Sonnenberg closed their remarks on the bill.

04:05 PM

Members of the committee explained how they intended to vote on the bill.


BILL:	SB15-232
TIME:	04:09:10 PM
MOVED:	Sonnenberg
MOTION:	Refer Senate Bill 15-232 to the Committee of the Whole. The motion passed on a vote of 5-4.
SECONDED:
		VOTE
	Baumgardner	Yes
	Cooke	Yes
	Donovan	No
	Garcia	No
	Hodge	No
	Jones	No
	Scott	Yes
	Roberts	Yes
	Sonnenberg	Yes

Final YES: 5 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:12 PM

The committee adjourned.