House Committee on Finance (03/25/2015)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON FINANCE

Date:	03/25/2015	ATTENDANCE

Time:	01:35 PM to 05:26 PM	Becker K.	*
		Conti	X
Place:	LSB A	Garnett	X
		Kagan	*
This Meeting was called to order by		Pabon	X
	Representative Court	Priola	*
		Roupe	X
This Report was prepared by		Van Winkle	X
	Katie Ruedebusch	Wilson	X
		Foote	X
		Court	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB15-1219 HB15-1228 HB15-1252 HB15-1247 HB15-1043 HB15-1249		Amended, Referred to Appropriations Amended, Referred to Appropriations Referred to Appropriations Amended, Laid Over Amended, Referred to Appropriations Amended, Referred to Appropriations

01:35 PM -- HB15-1219

Representative Court, chair, called the meeting to order. Representative McCann, co-prime sponsor, introduced House Bill 15-1219. The bill allows a taxpayer who places a renewable energy project in an enterprise zone and receives certification to claim an Enterprise Zone Investment Tax Credit (ITC) for the project an option to receive a refund to the credit. The amount of the refund is equal to 80 cents for every one dollar of ITC credit and is capped at $750,000 per tax year. Renewable energy investments completed on or before January 1, 2015 may elect to receive a refund. Representative McCann distributed amendment L.003 (Attachment A) and amendment L.004 (Attachment B). She discussed both amendments. She noted that only completed facilities are eligible, which ensures the refunded tax funds stays in Colorado.

15HouseFin0325AttachA.pdf

15HouseFin0325AttachB.pdf

Representative Becker, J, co-prime sponsor, spoke to the bill. He answered committee questions regarding the differences between previous proposed legislation and this bill. Representative McCann discussed the cap on the proposed refundable tax credit and the fiscal note. Representative Becker, J. also discussed the benefits of the making the tax credit refundable.

01:51 PM

Committee discussion ensued regarding refundable tax credits, renewable energy projects in Colorado, and current enterprise zone law.

02:03 PM -- Mr. John DiDonato, representing NextEra Energy Resources, testified in support of the bill. He discussed the company's current wind and other in-development renewable energy projects in Colorado. He discussed the company's impacts on the Colorado communities, including job creation.

02:06 PM -- Ms. Kerry Hattevik, representing NextEra Energy Resources, testified in support of the bill. She discussed the benefits of renewable energy projects to rural communities. She noted this bill is not a new tax credit; the bill just changes the current tax credit to a refundable tax credit. Committee discussion ensued.

02:22 PM -- Ms. Sarah Propst, representing the Interwest Energy Alliance, testified in support of the bill. She discussed how changing the current tax credit to a refundable tax credit will help pass savings to Colorado energy customers.

02:25 PM -- Ms. Ali Mickelson, representing the Colorado Fiscal Institute, testified in opposition to the bill. She stated that changing the tax credit to a refundable tax credit sets a bad fiscal precedent in Colorado.

02:33 PM -- Mr. Dan Patry, representing SunEdison, testified in support of the bill. He noted that the refundable tax credit could be passed on as savings to Colorado energy customers.

02:37 PM -- Ms. Becky Long, representing Conservation Colorado, testified in support of the bill. She stated that the bill is a good investment for rural energy in Colorado.

02:38 PM -- Mr. Nicolas Colglazier, representing the Colorado Farm Bureau, testified in support of the bill. He noted this will help bring jobs to and boost the economies of rural Colorado.

02:41 PM -- Mr. Chris Treese, representing the Colorado River District, testified in support of the bill.


BILL:	HB15-1219
TIME:	02:42:51 PM
MOVED:	Wilson
MOTION:	Adopt amendment L.003 (Attachment A). The motion passed without objection.
SECONDED:	Roupe
		VOTE
	Becker K.	Excused
	Conti
	Garnett
	Kagan
	Pabon
	Priola	Excused
	Roupe
	Van Winkle
	Wilson
	Foote
	Court

YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection

02:44 PM -- Mr. Louis Pino, Legislative Council Staff, came to the table to answer questions regarding the fiscal note and amendment L.004.


BILL:	HB15-1219
TIME:	02:45:37 PM
MOVED:	Wilson
MOTION:	Adopt amendment L.004 (Attachment B). The motion passed without objection.
SECONDED:	Conti
		VOTE
	Becker K.	Excused
	Conti
	Garnett
	Kagan
	Pabon
	Priola	Excused
	Roupe
	Van Winkle
	Wilson
	Foote
	Court

YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection

02:49 PM

The committee took a brief recess.

02:52 PM

The committee came back to order.


BILL:	HB15-1219
TIME:	02:53:47 PM
MOVED:	Wilson
MOTION:	Refer House Bill 15-1219, as amended, to the Committee on Appropriations. The motion passed on a vote of 10-1.
SECONDED:	Pabon
		VOTE
	Becker K.	Yes
	Conti	Yes
	Garnett	Yes
	Kagan	Yes
	Pabon	Yes
	Priola	Yes
	Roupe	Yes
	Van Winkle	Yes
	Wilson	Yes
	Foote	Yes
	Court	No

Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:00 PM -- HB15-1228

Representative Becker, J., co-prime sponsor, introduced House Bill 15-1228. The bill, as amended by the House Transportation & Energy Committee, makes several changes to the administration and collection of the special fuel excise tax on liquefied petroleum gas, beginning in calendar year 2016. Representative Becker, J. distributed amendment L.007 (Attachment C). He explained that the bill fixes issues with the application of current law.

15HouseFin0325AttachC.pdf

Representative Mitsch Busch, co-prime sponsor, spoke to the bill. She noted that the bill fixes issues regarding distributors.

03:05 PM -- Mr. Eric Myers, representing the Department of Revenue (DOR), came to the table to answer committee questions. He stated that DOR needs to make adjustments to the fuel tracking system due to the bill which is why an appropriation is required.

03:07 PM -- Mr. Greg Sobetski, Legislative Council Staff, came to table to discuss the fiscal note.

03:12 PM -- Mr. Ed DeCecco, Legislative Legal Services, came to the table to answer questions. He discussed how the bill clarifies current tax issues regarding distributors.


BILL:	HB15-1228
TIME:	03:16:53 PM
MOVED:	Pabon
MOTION:	Adopt amendment L.007 (Attachment C). The motion passed without objection.
SECONDED:	Roupe
		VOTE
	Becker K.	Excused
	Conti
	Garnett
	Kagan
	Pabon
	Priola	Excused
	Roupe
	Van Winkle
	Wilson
	Foote
	Court

YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB15-1228
TIME:	03:18:07 PM
MOVED:	Pabon
MOTION:	Adopt amendment L.008 (Attachment D). The motion passed without objection. 15HouseFin0325AttachD.pdf
SECONDED:	Conti
		VOTE
	Becker K.	Excused
	Conti
	Garnett
	Kagan
	Pabon
	Priola	Excused
	Roupe
	Van Winkle
	Wilson
	Foote
	Court

YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB15-1228
TIME:	03:20:50 PM
MOVED:	Pabon
MOTION:	Refer House Bill 15-1228, as amended, to the Committee on Appropriations. The motion passed on a vote of 9-0.
SECONDED:	Van Winkle
		VOTE
	Becker K.	Excused
	Conti	Yes
	Garnett	Yes
	Kagan	Yes
	Pabon	Yes
	Priola	Excused
	Roupe	Yes
	Van Winkle	Yes
	Wilson	Yes
	Foote	Yes
	Court	Yes

Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

03:22 PM -- HB15-1252

Representative Mitsch Bush, sponsor, introduced House Bill 15-1252. The bill extends the voluntary contribution designation (or income tax checkoff) benefitting the Colorado Healthy Rivers Fund from tax year 2016 through tax year 2020. Money in the fund is used by the Colorado Water Conservation Board (CWCB) in cooperation with the Water Quality Control Commission to award competitive grants to help support local watershed organizations in their efforts to provide clean water, protect habitat, and improve recreation and accessibility. Representative Mitsch Bush discussed the Healthy Rivers Fund and the work it helps fund.

03:25 PM -- Ms. Casey Davenhill, representing the Colorado Watershed Assembly, testified in support of the bill. She discussed the grant process and how the funds are used by organizations.

03:27 PM -- Ms. Jen Boulton, representing Colorado Trout Limited and the Audubon Center at Chatfield of the Audubon Society of Greater Denver, testified in support of the bill. She discussed the benefits of the income tax checkoff to the local community.

03:29 PM -- Mr. Chris Sturm, representing the CWCB and the Colorado Department of Natural Resources, testified in support of the bill.

03:30 PM -- Ms. Dianna Orf, representing the Colorado Water Congress, testified in support of the bill.


BILL:	HB15-1252
TIME:	03:31:10 PM
MOVED:	Court
MOTION:	Refer House Bill 15-1252 to the Committee on Appropriations. The motion passed on a vote of 8-0.
SECONDED:	Conti
		VOTE
	Becker K.	Excused
	Conti	Yes
	Garnett	Yes
	Kagan	Yes
	Pabon	Excused
	Priola	Excused
	Roupe	Yes
	Van Winkle	Yes
	Wilson	Yes
	Foote	Yes
	Court	Yes

Final YES: 8 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: PASS

03:32 PM -- HB15-1247

Representative Saine, sponsor, introduced House Bill 15-1247. The bill had been previously laid over from March 18, 2015.


BILL:	HB15-1247
TIME:	03:42:39 PM
MOVED:	Conti
MOTION:	Adopt amendment L.001 (Attachment E). The motion passed without objection. 15HouseFin0325AttachE.pdf
SECONDED:	Roupe
		VOTE
	Becker K.	Excused
	Conti
	Garnett
	Kagan
	Pabon
	Priola	Excused
	Roupe
	Van Winkle
	Wilson
	Foote
	Court

YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection

03:43 PM

The committee laid over the bill to a future date.

03:43 PM -- HB15-1043

Representative Saine, co-prime sponsor, introduced House Bill 15-1043. The bill increases the penalty for a DUI to a class 4 felony only for a person who has three or more prior convictions of a DU, DUI per se, or DWAI (driving while ability impaired); vehicular homicide; vehicular assault; or an combination thereof. Representative Saine stated it is time for Colorado to recognize the fiscal impacts repeat DUIs offenses have on the state and its citizens.

Representative McCann, co-prime sponsor, spoke to the bill. She discussed the fiscal impact of DUIs to the state through Medicaid and other assistance costs. She distributed amendment L.011 (Attachment F), amendment L.010 (Attachment G), and amendment L.007 (Attachment H).

15HouseFin0325AttachF.pdf

15HouseFin0325AttachG.pdf

15HouseFin0325AttachH.pdf

03:49 PM -- Ms. Christie Donner, representing the Colorado Criminal Justice Reform Coalition, testified in opposition to the bill. She discussed the costs to the state associated with the bill. She noted the lack of treatment for repeat DUI offenders in prison.

04:04 PM -- Mr. Fran Lanzer, representing Mothers Against Drunk Driving and the Colorado Organization for Victim Assistance, testified in support of the bill. He discussed the fiscal impact of drunk driving on the state of Colorado and its citizens.

04:07 PM -- Ms. Ellie Phipps, representing herself, testified in support of the bill. She discussed her personal experience with a repeat DUI offender accident. She discussed the associated financial costs to the state.

04:14 PM -- Ms. Alma Sanchez, representing herself and the Dominguez family, testified in support of the bill. She discussed her family's personal experience with a repeat DUI offender accident. She discussed the associated costs to the state via prosecuting repeat DUI offenders.

04:17 PM -- Mr. Frank Martinez, representing the Martinez family, testified in support of the bill. He discussed the family's personal experience with a repeat DUI offender accident and the associated costs.

04:21 PM -- Mr. Cody Grenzke, representing himself and his family, testified in support of the bill. He discussed the associated costs of the bill to the state.

04:26 PM -- Ms. Gail Oleson, representing herself, testified in support of the bill. She discussed her family's personal experience with a repeat DUI offender accident.

04:29 PM -- Mr. Arnold Hanuman and Ms. Jenn Knudsen, representing the Colorado District Attorney's Council, testified in support of the bill.


BILL:	HB15-1043
TIME:	04:31:52 PM
MOVED:	Court
MOTION:	Adopt amendment L.011 (Attachment F). The motion passed without objection.
SECONDED:	Roupe
		VOTE
	Becker K.	Excused
	Conti
	Garnett
	Kagan
	Pabon
	Priola	Excused
	Roupe
	Van Winkle
	Wilson
	Foote
	Court

YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB15-1043
TIME:	04:33:10 PM
MOVED:	Court
MOTION:	Adopt amendment L.010 (Attachment G). The motion passed without objection.
SECONDED:	Roupe
		VOTE
	Becker K.	Excused
	Conti
	Garnett
	Kagan
	Pabon
	Priola	Excused
	Roupe
	Van Winkle
	Wilson
	Foote
	Court

YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB15-1043
TIME:	04:35:08 PM
MOVED:	Court
MOTION:	Adopt amendment L.007 (Attachment H). The motion passed without objection.
SECONDED:	Pabon
		VOTE
	Becker K.	Excused
	Conti
	Garnett
	Kagan
	Pabon
	Priola	Excused
	Roupe
	Van Winkle
	Wilson
	Foote
	Court

YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB15-1043
TIME:	04:35:53 PM
MOVED:	Court
MOTION:	Refer House Bill 15-1043, as amended, to the Committee on Appropriations. The motion passed on a vote of 11-0.
SECONDED:	Pabon
		VOTE
	Becker K.	Yes
	Conti	Yes
	Garnett	Yes
	Kagan	Yes
	Pabon	Yes
	Priola	Yes
	Roupe	Yes
	Van Winkle	Yes
	Wilson	Yes
	Foote	Yes
	Court	Yes

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

04:48 PM -- HB15-1249

Representative Becker, K., sponsor, introduced House Bill 15-1249. The bill repeals and reenacts statutory fees for clean water and drinking water programs in the Water Quality Control Division of the Colorado Department of Public Health and Environment (CDPHE). New fees are authorized for pesticide application activities and for CDPHE certifications related to projects affecting regulated water quality standards in jurisdictional waters of the United States, known as 401 certifications. The bill also reorganizes water quality permit fees in five sectors. In addition, the bill extends certain temporary fee increases in the animal agricultural section to the end of FY 2017-18. Finally, the bill also repeals and reenacts basic procedures for the Colorado Discharge Permit System. Representative Becker, K. distributed amendment L.001 (Attachment I), amendment L.002 (Attachment J), and amendment L.003 (Attachment K).

15HouseFin0325AttachI.pdf

15HouseFin0325AttachJ.pdf

15HouseFin0325AttachK.pdf

04:53 PM -- Ms. Eliza Schultz, representing CDPHE, testified in support of the bill. She discussed the stakeholder process that resulted in the bill, including working with the Joint Budget Committee. She discussed the new pesticide fees in the bill. Committee discussion ensued regarding reorganization and new fees.

05:05 PM -- Ms. Theresa Conley, representing Conservation Colorado, testified in support of the bill. She noted that the bill represents a good step forward in Colorado water planning.

05:08 PM -- Mr. Michael Gifford, representing the Associated General Contractors of Colorado, testified in support of the bill. He discussed how the bill benefits the construction industry.


BILL:	HB15-1249
TIME:	05:13:05 PM
MOVED:	Court
MOTION:	Adopt amendment L.001 (Attachment I). The motion passed without objection.
SECONDED:	Pabon
		VOTE
	Becker K.	Excused
	Conti
	Garnett
	Kagan
	Pabon
	Priola	Excused
	Roupe
	Van Winkle
	Wilson
	Foote
	Court

YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB15-1249
TIME:	05:13:24 PM
MOVED:	Court
MOTION:	Adopt amendment L.002 (Attachment J). The motion passed without objection.
SECONDED:	Conti
		VOTE
	Becker K.	Excused
	Conti
	Garnett
	Kagan
	Pabon
	Priola	Excused
	Roupe
	Van Winkle
	Wilson
	Foote
	Court

YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB15-1249
TIME:	05:13:46 PM
MOVED:	Court
MOTION:	Adopt amendment L.003 (Attachment K). The motion passed without objection.
SECONDED:	Pabon
		VOTE
	Becker K.	Excused
	Conti
	Garnett
	Kagan
	Pabon
	Priola	Excused
	Roupe
	Van Winkle
	Wilson
	Foote
	Court

YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB15-1249
TIME:	05:25:22 PM
MOVED:	Becker K.
MOTION:	Refer House Bill 15-1249, as amended, to the Committee on Appropriations. The motion passed on a vote of 9-0.
SECONDED:	Pabon
		VOTE
	Becker K.	Yes
	Conti	Yes
	Garnett	Yes
	Kagan	Yes
	Pabon	Yes
	Priola	Excused
	Roupe	Yes
	Van Winkle	Yes
	Wilson	Yes
	Foote	Excused
	Court	Yes

Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

05:26 PM

The committee adjourned