Final
BILL SUMMARY for HB05-1342

HOUSE COMMITTEE ON TRANSPORTATION & ENERGY

Votes:
Action Taken:
Moved a substitute motion, page 9 and page 10 line
Moved a technical amendment to strike, on page 9,
Moved a technical amendment, page 7, line 23, stri
Moved a technical amendment, page 9, line 19 throu
Moved a technical amendment, pg. 4, line 18, after
Moved Amendment L.003 (Attachment D). The motion
Moved Amendment L.004 (Attachment E). The motion
Moved Amendment L.005 (Attachment F). Moved to Am
Moved Amendment L.006 (Attachment G). Rep. Pommer
Moved Amendment L.008 (Amendment H). The motion p
Moved to refer HB 05-1342, as amended, to the Comm		TIE
Pass Without Objection
Pass Without Objection
TIE
Pass Without Objection
Pass Without Objection
TIE
Pass Without Objection
Pass Without Objection
PASS
PASS



12:01 PM -- House Bill 05-1342

Representative Pommer introduced House Bill 05-1342 which specifies requirements for a corporation formed for the purposes of constructing a private toll road or toll highway. He described each section of the bill for the committee and responded to committee questions.

The following people testified:

12:06 PM

Rep. Knoedler asked about the Environmental Impact Statement (EIS) related to building roads and HB 05-1342.

12:10 PM -- Marsha Looper, representing the Eastern Plain Coalition, El Paso County, testified in support of the bill.

12:16 PM -- Barbara Fillmore, representing herself, testified in support of the bill. She indicated that she is a licensed Colorado real estate broker. She thanked Rep. Pommer for introducing this bill. She testified on the effect of the property owners in the proposed Front Range Toll Road corridor. She noted that when she and her husband first purchased their property, they were unaware that they were in a private toll road corridor. She noted that she doubted that the other 74,000 property owners n the toll road corridor were aware that they were purchasing property in such a corridor. She believes there is a "cloud" hanging over this corridor, and that buyers interested in any property within the corridor have been cautious to buy, or want assurances if they buy in this uncertain corridor. Ms. Fillmore believes that this toll road has placed many peoples' plans on hold to improved or refinance their property. She responded to committee questions.

12:28 PM -- Frances McGraw, representing Adams County, testified in support of the bill. She indicated that sub-developments are still being built in the corridor where this toll road is scheduled to be located. She believes the people who will be purchasing these homes should be informed.

12:30 PM -- Robert Thomassson, representing Elbert County, testified in support of the bill and provided his written testimony (Attachment A). He discussed the rare, montane area of Elbert County, where he is a resident. He believes that if a road must be built, that the private companies be held to the same standards that the Colorado Department of Transportation (CDOT) would impose on any federal highway project.

12:34 PM -- Ric Miller, representing himself, testified in support of the bill. He thanked Rep. Pommer for bringing this bill. He discussed the difference between a railroad and toll road.

12:36 PM -- Charles Shaw, representing the Eastern Plains Citizens Coalition (EPCC), testified in support of the bill. He thanked Rep. Pommer for bringing some modernization to the private toll road statutes because these statutes need revision. Mr. Shaw mentioned another toll road in Colorado Springs that may be built by a private corporation. He indicated that his comments today were specifically related to the bill before the committee today. He discussed the element of a railroad and how it relates to this bill. He referenced the Colorado Constitution and how it relates to private companies and whether or not they have the right to condemn property. He responded to committee questions.

12:43 PM -- Allan Hale, Esq., representing EPCC and John Malone, testified in support of the bill. He provided the following information. He believes the bill before the committee is an excellent effort to strike a balance to build a project given the fiscal constraints of the state government, while maintaining individual's rights. The bill is to bring statute's up-to-date for building projects of this sized. It does not prohibit the building of such a toll road, so the bill does strike a good balance. He responded to committee questions. Rep. Knoedler asked if there were any areas in state law that required the disclosure of investors. Mr. Hale indicated that are areas of law that do require the disclosure of investors. He continued to respond to committee questions. Mr. Hale explained who the EPCC represented.

01:02 PM -- Tim Sullivan, representing the Environmental Defense & Environment Colorado, testified in support of the bill. He addressed the following two points: (1) CDOT's role to oversee the EIS; and (2) the mitigation requirements associated with induced growth associated with roads. He indicated that the oversight would be a new role for CDOT, but, that the department is familiar with EIS standards and circumstances.

01:07 PM -- Harlan Williams, representing himself, Elbert, Colorado, testified in support of the bill. He indicated that he would like to see an amendment to the bill removing any reference of a railroad, because this is a toll road issue, not a railroad issue. He wondered whether or not the Front Range Toll Road effort was a land grab, due to the size of the property described for the project.

01:12 PM -- Cindy French, representing the Colorado Dairy Farmers, testified in support of the bill. She provided the following information. The dairy farmers support a well-planned transportation system, but the 12-mile swath of the Front Range Toll Road (FRTR) would take a significant amount of agricultural land. Relocating of dairy farms or farmers is costly, to have enough acreage to remove effluent, get their product to market, etc. Rep. Pommer explained that the size of the FRTR road would not be 12 miles wide. She provided Attachment B, testimony from the Colorado Dairy Farmers.

01:17 PM -- Ray Wells, representing the Front Range Toll Road Company, President, was present to answer questions. There were no questions from the committee. He provided written testimony (Attachment C).

01:19 PM -- Rich Mauro, representing the Denver Regional Council of Governments, testified in support of this bill, on behalf of the DRCOG board. He responded to committee questions.

01:21 PM -- Herman Stockinger, representing CDOT, testified in support of the bill. He indicated that CDOT would like to see private toll roads, while such companies follow rules to provide private toll roads. He provided specific concerns that CDOT has with the bill. He reviewed areas of the bill, related to environmental and road standards provided in the bill. He responded to committee questions.

BILL:HB05-1342
TIME: 01:37:28 PM
MOVED:Pommer
MOTION:Moved Amendment L.003 (Attachment D). The motion passed without objection.
SECONDED:McFadyen
VOTE
Borodkin
Cadman
Green
Hefley
Excused
Knoedler
Larson
Lindstrom
Ragsdale
Welker
McFadyen
Pommer
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB05-1342
TIME: 01:40:29 PM
MOVED:Pommer
MOTION:Moved Amendment L.004 (Attachment E). The motion passed without objection.
SECONDED:McFadyen
VOTE
Borodkin
Cadman
Green
Hefley
Excused
Knoedler
Larson
Lindstrom
Ragsdale
Welker
McFadyen
Pommer
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: TIE
BILL:HB05-1342
TIME: 01:41:45 PM
MOVED:Pommer
MOTION:Moved Amendment L.005 (Attachment F). Moved to Amend Amendment L.005 on page 1, line 2, strike "AND", insert a comma after "STATIONS", and after "RESTAURANT", insert ", AND TRAVEL-RELATED SERVICES". Make the same changes on page 5 of the amendment. The motions passed without objection.
SECONDED:McFadyen
VOTE
Borodkin
Cadman
Green
Hefley
Excused
Knoedler
Larson
Lindstrom
Ragsdale
Welker
McFadyen
Pommer
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB05-1342
TIME: 01:43:45 AM
MOVED:Pommer
MOTION:Moved Amendment L.005, as amended. The motion passed without objection.
VOTE
Borodkin
Cadman
Green
Hefley
Excused
Knoedler
Larson
Lindstrom
Ragsdale
Welker
McFadyen
Pommer
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB05-1342
TIME: 01:44:31 PM
MOVED:Pommer
MOTION:Moved Amendment L.006 (Attachment G). Rep. Pommer offered to work with Rep. Knoedler on a Second Reading amendment related to this amendment. The motion passed without objection.
SECONDED:McFadyen
VOTE
Borodkin
Cadman
Green
Hefley
Excused
Knoedler
Larson
Lindstrom
Ragsdale
Welker
McFadyen
Pommer
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB05-1342
TIME: 01:49:32 PM
MOVED:Pommer
MOTION:Moved a technical amendment, pg. 4, line 18, after "BEFORE", insert "CONDEMNING LAND FOR OR". The motion passed without objection.
SECONDED:McFadyen
VOTE
Borodkin
Cadman
Green
Hefley
Excused
Knoedler
Larson
Lindstrom
Ragsdale
Welker
McFadyen
Pommer
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB05-1342
TIME: 01:50:57 PM
MOVED:Pommer
MOTION:Moved a technical amendment to strike, on page 9, line 12, strike "RAILROAD", and line 13, strike "FACILITIES, RAIL CROSSINGS". Also, striking the same language on page 10, lines 11 and 12.
SECONDED:McFadyen
VOTE
Borodkin
Cadman
Green
Hefley
Excused
Knoedler
Larson
Lindstrom
Ragsdale
Welker
McFadyen
Pommer
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB05-1342
TIME: 01:52:08 PM
MOVED:Larson
MOTION:Moved a technical amendment, page 9, line 19 through 20, strike the language from "AND OTHER....THEREIN". Also, page 10, lines 17 through 19, removing the same language. Rep. Larson withdrew his amendment.
SECONDED:
VOTE
Borodkin
Cadman
Green
Hefley
Excused
Knoedler
Larson
Lindstrom
Ragsdale
Welker
McFadyen
Pommer
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: TIE


BILL:HB05-1342
TIME: 01:53:00 PM
MOVED:Pommer
MOTION:Moved a substitute motion, page 9 and page 10 line, lines 20 and 19 respectively, after "THEREIN", insert "NECESSARY TO FULFILL THE REQUIREMENTS OF THIS ACT", before the period. The motion passed without objection.
SECONDED:Green
VOTE
Borodkin
Cadman
Green
Hefley
Excused
Knoedler
Larson
Lindstrom
Ragsdale
Welker
McFadyen
Pommer
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: TIE


BILL:HB05-1342
TIME: 01:55:56 PM
MOVED:Knoedler
MOTION:Moved Amendment L.008 (Amendment H). The motion passed on a 8 - 1 - 2 vote.
SECONDED:Larson
VOTE
Borodkin
Yes
Cadman
Excused
Green
No
Hefley
Excused
Knoedler
Yes
Larson
Yes
Lindstrom
Yes
Ragsdale
Yes
Welker
Yes
McFadyen
Yes
Pommer
Yes
Not Final YES: 8 NO: 1 EXC: 2 ABS: 0 FINAL ACTION: PASS


BILL:HB05-1342
TIME: 02:00:14 PM
MOVED:Larson
MOTION:Moved a technical amendment, page 7, line 23, strike "BECAUSE" and substitute "AND THAT". The motion passed without objection.
SECONDED:McFadyen
VOTE
Borodkin
Cadman
Green
Hefley
Excused
Knoedler
Larson
Lindstrom
Ragsdale
Welker
McFadyen
Pommer
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB05-1342
TIME: 02:00:51 PM
MOVED:Pommer
MOTION:Moved to refer HB 05-1342, as amended, to the Committee of the Whole, as amended. The motion passed on a 10 - 0 - 1 vote.
SECONDED:McFadyen
VOTE
Borodkin
Yes
Cadman
Yes
Green
Yes
Hefley
Excused
Knoedler
Yes
Larson
Yes
Lindstrom
Yes
Ragsdale
Yes
Welker
Yes
McFadyen
Yes
Pommer
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS