Date: 04/23/2015

Final
BILL SUMMARY for HB15-1364

HOUSE COMMITTEE ON TRANSPORTATION & ENERGY

Votes: View--> Action Taken:
Adopt amendment L.002 (Attachment E). The motion f
Adopt amendment L.004 (Attachment F). The motion p
Refer House Bill 15-1364, as amended, to the Commi		FAIL
Pass Without Objection
PASS


11:23 AM

Representative Tyler, Chair, called the committee to order. A quorum was present.

11:23 AM -- HB 15-1364

Representatives Mitsch Bush and Coram, co-prime sponsors, came to the table to present on House Bill 15-1364. House Bill 14-1030 amended the inspection standards for small hydroelectric generation equipment to align with the minimum standards in the 2011 National Electrical Code (NEC) for small wind electrical production. This code provides specific limited installation and maintenance requirements for small wind electrical production but does not provide for limited inspections when adapted to hydroelectric energy facilities connected to an electric utility's distribution lines. House Bill 15-1364 clarifies that limited inspections apply to small hydroelectric facilities:
A fact sheet on the bill was distributed by Representative Mitsch Bush (Attachment A), along with some written testimony (Attachments B, C, and D).

150423 AttachA.pdf150423 AttachA.pdf150423 AttachB.pdf150423 AttachB.pdf150423 AttachC.pdf150423 AttachC.pdf150423 AttachD.pdf150423 AttachD.pdf

11:27 AM -- Dino Ioannides, representing the Department of Regulatory Agencies (DORA), spoke neutrally on the bill. He said that the bill as drafted will allow flexible inspections for small hydro installations. Mr. Ioannides said that DORA supports the expansion of viable alternative sources of energy. He said that the bill could create safety concerns for consumers due to limited inspections, but these risks are outweighed by the benefits of increasing the use of alternate energy sources. Representatives Mitsch Bush and Coram responded to questions on current barriers to adoption of small hydro in Colorado.

11:33 AM -- Mary Broderick, representing the International Brotherhood of Electrical Workers (IBEW), spoke in opposition to the bill. Ms. Broderick said that IBEW opposes the bill because it excludes a specific article of the NEC that applies to small hydro installations, which would force electricians to violate the code when installing a small hydro system in Colorado. She said that a compromise amendment was in the works that would make IBEW in favor of the bill. Discussion of specific articles of the NEC ensued. She responded to questions on the number of times IBEW had installed distributed generation systems under the requirements of HB14-1030, how other states are dealing with the problem of the NEC not adequately addressing small hydro systems, and state requirements for Underwriters Laboratories (UL) listings on components.

11:45 AM -- Jim Heneghan, representing Delta-Montrose Electric Association, spoke in favor of the bill. He said that there are customers in his service area who have installed small hydro but are not able to operate the systems because they have not been approved by state inspectors. He said there is a great deal of potential for small hydro resources to be used in the Delta and Montrose counties alone. He said that the bill was attempting to come up with a way to facilitate safe inspections of small hydro given the fact that the NEC is not yet addressing the use of small hydro adequately. He discussed safety concerns with connecting inverter-based small hydro systems to the electrical grid, which can feed energy to the grid during a blackout. He stated that adequate safety for inverter-based systems is critical, and that the state needs to find a way to help agricultural communities utilize a valuable resource as a way to offset their electrical expenses.

11:56 AM -- Michael McReynolds, representing the Colorado Energy Office (CEO), spoke in favor of the bill. Mr. McReynolds said that the CEO supports reducing barriers to alternative forms of energy in the state. He responded to a question on the action taken by other states for small hydro permitting.

11:59 AM -- Brett Moore, representing the Colorado Association of Conservation Districts (CACD), spoke in favor of the bill. He said CACD represents the 76 conservation districts across Colorado and that the bill would remedy the issues raised in the approval of small hydro systems in Colorado.

12:02 PM

Representative Mitsch Bush distributed L.002 (Attachment E). She explained that the amendment makes it clear that the NEC does not, at the time of the bill, address small hydro specifically. Committee discussion ensued.

150423 AttachE.pdf150423 AttachE.pdf
BILL:HB15-1364
TIME: 12:05:48 PM
MOVED:Mitsch Bush
MOTION:Adopt amendment L.002 (Attachment E). The motion failed on a vote of 5-8.
SECONDED:Coram
VOTE
Becker J.
No
Buck
No
Carver
Yes
Coram
Yes
Esgar
No
Kraft-Tharp
No
Melton
Yes
Moreno
No
Neville P.
No
Nordberg
Yes
Winter
No
Mitsch Bush
Yes
Tyler
No
Final YES: 5 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL

12:06 PM

The committee took a brief recess.

12:13 PM

The committee came back to order. Representative Mitsch Bush distributed and explained Amendment L.004 (Attachment F), which amends the bill to cover inspections of inverter-based microhydro systems per the most current version of the NEC. Representative Coram responded to a question on the bill's safety clause, spoke to the need for the bill, and discussed the use of small hydro in Colorado. Representative Mitsch Bush discussed the genesis of House Bill 14-1030.

150423 AttachF.pdf150423 AttachF.pdf
BILL:HB15-1364
TIME: 12:22:11 PM
MOVED:Mitsch Bush
MOTION:Adopt amendment L.004 (Attachment F). The motion passed without objection.
SECONDED:Coram
VOTE
Becker J.
Buck
Carver
Coram
Esgar
Kraft-Tharp
Melton
Moreno
Neville P.
Nordberg
Winter
Mitsch Bush
Tyler
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



12:22 PM

Representatives Mitsch Bush and Coram made their closing comments on the bill.

BILL:HB15-1364
TIME: 12:22:46 PM
MOVED:Mitsch Bush
MOTION:Refer House Bill 15-1364, as amended, to the Committee of the Whole. The motion passed on a vote of 13-0.
SECONDED:Coram
VOTE
Becker J.
Yes
Buck
Yes
Carver
Yes
Coram
Yes
Esgar
Yes
Kraft-Tharp
Yes
Melton
Yes
Moreno
Yes
Neville P.
Yes
Nordberg
Yes
Winter
Yes
Mitsch Bush
Yes
Tyler
Yes
Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

12:23 PM

The committee adjourned.