House Committee on Transportation & Energy (05/05/2015)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON TRANSPORTATION & ENERGY

Date:	05/05/2015	ATTENDANCE

Time:	11:39 AM to 12:55 PM	Becker J.	X
		Buck	X
Place:	LSB A	Coram	X
		Esgar	X
This Meeting was called to order by		Humphrey	X
	Representative Tyler	Kraft-Tharp	X
		Melton	X
This Report was prepared by		Moreno	X
	Matt Kiszka	Neville P.	X
		Nordberg	X
		Winter	X
		Mitsch Bush	X
		Tyler	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB15-271 SB15-276		Amended, Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole

11:40 AM -- SB 15-271

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

Representative J. Becker, prime sponsor, came to the table to present Senate Bill 15-271. The reengrossed bill continues the Office of the Consumer Counsel (OCC) in the Department of Regulatory Agencies (DORA) for six years until September 1, 2021, and implements certain recommendations from the sunset review, including:

continuing the Utility Consumers' Board (UCB) concurrently with the OCC and removing the UCB's separate sunset provision; and
limiting UCB members to two consecutive terms of four years.

The bill also removes telephone utilities from the purview of the OCC and UCB.

While the committee retains 11 members, only seven committee members continue to be appointed by the Governor, with new requirements that each congressional district be represented; no more than four of the seven be affiliated with the same political party; and that at least one member be engaged in agriculture, and at least two members own small businesses. The President and Minority Leader of the Senate, and the Speaker and the Minority Leader of the House of Representatives each appoint one committee member.

Representative Becker explained the differences between the bill and HB 15-1381. He responded to questions on OCC purview over telecommunications utilities and services under the bill.

11:45 AM -- Katie Dahl, representing Colorado Common Cause, spoke in favor of the bill. Ms. Dahl said that Common Cause supports the continuation of the OCC, but would like to see OCC purview for telecoms amended into the bill. She discussed OCC purview over next-generation 911, the high cost support mechanism, telecommunications deregulation, and the high cost fund. She said no consumer groups have advocated for the removal of telecoms from OCC purview. Ms. Dahl responded to questions on existing telecom regulation in the state.

11:50 AM -- Bill Levis, representing the American Association of Retired Persons, spoke in favor of the bill. He distributed an article and an overview of why the legislation is needed (Attachments A and B). Mr. Levis said that he was a consumer counsel at the OCC. He discussed OCC involvement in telecommunication oversight and the need for consumer input in various services. He said that the high cost fund, which is currently under OCC purview, provides between $45-50 million a year for rural areas that could otherwise not afford telecommunication services. He responded to questions on who would represent the consumer in PUC proceedings over telecom utilities if the bill is not amended to include such purview for the OCC.

150505 AttachA.pdf

150505 AttachB.pdf

11:59 AM -- Danny Katz, representing the Colorado Public Interest Research Group, spoke in favor of the bill. Mr. Katz said that the bill should be amended to include telecom purview for the OCC. He discussed emergency services fees and the importance of OCC involvement in PUC consideration of proposed telecom changes.

12:03 PM -- Cindy Schonhaut, representing the OCC, spoke in favor of the bill. Ms. Schonhaut discussed the importance of OCC purview over critical telecom issues, such as 911 services. She responded to questions on whether consumers can represent themselves adequately before the PUC if the bill passes without OCC purview over certain telecom services.

12:12 PM

Representative Esgar distributed amendment L.009 (Attachment C) and explained that it will amend the bill to continue the OCC in the way it currently operates under statute. The committee discussed the merits of the amendment.

150505 AttachC.pdf
BILL:	SB15-271
TIME:	12:13:09 PM
MOVED:	Esgar
MOTION:	Adopt amendment L.009 (Attachment C). The motion passed on a vote of 7-6.
SECONDED:	Melton
		VOTE
	Becker J.	No
	Buck	No
	Coram	No
	Esgar	Yes
	Humphrey	No
	Kraft-Tharp	Yes
	Melton	Yes
	Moreno	Yes
	Neville P.	No
	Nordberg	No
	Winter	Yes
	Mitsch Bush	Yes
	Tyler	Yes

Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB15-271
TIME:	12:15:19 PM
MOVED:	Becker J.
MOTION:	Refer Senate Bill 15-271, as amended, to the Committee of the Whole. The motion passed on a vote of 11-2.
SECONDED:	Esgar
		VOTE
	Becker J.	Yes
	Buck	Yes
	Coram	Yes
	Esgar	Yes
	Humphrey	No
	Kraft-Tharp	Yes
	Melton	Yes
	Moreno	Yes
	Neville P.	No
	Nordberg	Yes
	Winter	Yes
	Mitsch Bush	Yes
	Tyler	Yes

Final YES: 11 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

12:16 PM -- SB 15-276

Representatives Lebsock and Van Winkle, co-prime sponsors, came to the table to present Senate Bill 15-276. This bill directs the state or a unit of local government to obtain voter approval before using automated vehicle identification systems (AVIS), including red light cameras. Local governments with existing red light camera programs must submit a measure to voters on their continued use at the 2016 general election.

Representatives Lebsock and Van Winkle said that the bill has bipartisan support in both the Senate and the House of Representatives, and that studies of AVIS show that they are not effective and undermine public trust in law enforcement. They responded to committee questions on a potential amendment to the bill to change when local jurisdictions would need to obtain voter approval from 2016 to 2017, which forms of camera and radar are covered by the bill, the requirements of the bill for local jurisdictions that wish to use AVIS and the penalties for local jurisdictions that do not ask the voters to approve their use of AVIS, if the bill directs local governments in their use of AVIS, if there are other policies that the state mandates a vote on in a local government, and the use of the term "surveillance red light cameras" in the bill.

Representatives Lebsock and Van Winkle responded to questions on the current power of local governments to ban the use of AVIS, clarification on the use of the term "tax" in relation to tickets issued from AVIS, and state withholding of Highway Users Tax Fund (HUTF) revenue from local governments under the bill. Discussion ensued on state withholding of HUTF revenue from local governments under the bill.

12:31 PM

The bill sponsors responded to questions on the intent of the bill.

12:35 PM -- Mark Radtke, representing the Colorado Municipal League, spoke in opposition to the bill. Mr. Radtke discussed the safety aspects of AVIS, current local control over the use of AVIS, and the ability for citizen initiatives to call for the removal of AVIS from a local jurisdiction.

12:38 PM

Representative Kraft-Tharp distributed amendment L.007 (Attachment D), and explained that it would amend the bill so that AVIS can only be used in school and construction zones, and requires that any revenue generated from AVIS would be used for traffic safety or transportation-related projects. Representative Kraft-Tharp responded to committee questions and the committee discussed the merits of the amendment.

150505 AttachD.pdf


BILL:	SB15-276
TIME:	12:04:22 PM
MOVED:	Kraft-Tharp
MOTION:	Adopt amendment L.007 (Attachment D). A substitute amendment, L.006, was moved and passed (see vote sheet below).
SECONDED:
		VOTE
	Becker J.
	Buck
	Coram
	Esgar
	Humphrey
	Kraft-Tharp
	Melton
	Moreno
	Neville P.
	Nordberg
	Winter
	Mitsch Bush
	Tyler

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:

12:45 PM

Representative Humphrey distributed a substitute amendment, amendment L.006 (Attachment E), and said that it would eliminate the use of AVIS completely in the state. The committee discussed the merits of the amendment.

150505 AttachE.pdf


BILL:	SB15-276
TIME:	12:49:19 PM
MOVED:	Humphrey
MOTION:	Adopt amendment L.006 (Attachment E). The motion passed on a vote of 9-4.
SECONDED:	Neville P.
		VOTE
	Becker J.	Yes
	Buck	Yes
	Coram	Yes
	Esgar	No
	Humphrey	Yes
	Kraft-Tharp	No
	Melton	Yes
	Moreno	Yes
	Neville P.	Yes
	Nordberg	Yes
	Winter	No
	Mitsch Bush	No
	Tyler	Yes

Final YES: 9 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

12:52 PM

The committee discussed the merits of the bill.
BILL:	SB15-276
TIME:	12:54:52 PM
MOVED:	Humphrey
MOTION:	Refer Senate Bill 15-276, as amended, to the Committee of the Whole. The motion passed on a vote of 8-5.
SECONDED:	Neville P.
		VOTE
	Becker J.	Yes
	Buck	Yes
	Coram	Yes
	Esgar	No
	Humphrey	Yes
	Kraft-Tharp	Yes
	Melton	Yes
	Moreno	No
	Neville P.	Yes
	Nordberg	Yes
	Winter	No
	Mitsch Bush	No
	Tyler	No

Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

12:55 PM

The committee adjourned.