House Committee on Transportation & Energy (03/03/2005)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON TRANSPORTATION & ENERGY

Date:	03/03/2005	ATTENDANCE

Time:	09:39 AM to 12:30 PM	Borodkin	X
		Cadman	X
Place:	HCR 0112	Green	*
		Hefley	X
This Meeting was called to order by		Knoedler	X
	Representative Pommer	Larson	X
		Lindstrom	X
This Report was prepared by		Ragsdale	X
	Brad Denning	Welker	X
		McFadyen	X
		Pommer	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB05-1293 SB05-036		Referred to Committee on Appropriations Referred to the Committee of the Whole

09:39 AM -- House Bill 05-1293

Representative Pommer reviewed House Bill 05-1293, concerning expansion of the stationary source voluntary emission reduction program, which was laid over from February 24, 2005. He provided background information entitled Colorado Voluntary Clean Air Act HB 05-1293(Attachment A). Mr. Stan Dempsey provided Attachment B (EPA Letter Responding to Rocky Mountain News Column).

The following people testified:

09:41 AM -- Ray Clifton, representing the Colorado Rural Electric Association, testified in support of the bill.

09:55 AM -- Vickie Patton, representing Environmental Defense, testified in support of the bill. She believes this bill would be prudent move to help Xcel meet new federal standards. Ms. Patton submitted a letter to the Rocky Mountain News Editorial Board from Environmental Protection Agency (EPA) Regional Air Director, dated February 25, 2005 (Attachment C). She also provided Attachment D, "New State Analysis Shows Power Plant Clean Up Protects Human Health, March 2005." She responded to committee questions regarding power plants in Denver and Brush, Colorado.

10:16 AM

Ms. Patton responded to committee questions on various emissions standards and levels along the front range. She reviewed various emissions studies.

10:20 AM -- Dianna Orf, representing Colorado Mining Association (CMA) and the Center for Energy and Economic Development (CEED), testified in support of the bill. She indicated that these organizations were supportive of a similar bill in 1998. She noted that these organizations believe that the baseload need for energy is supported by coal. She recounted previous lawsuits related to power plants being forced to use natural gas.

10:24 AM -- Paula Connelly, representing Xcel Energy, Assistant General Council, testified in support of the bill. She believes that current law prohibits Xcel from making this investment in emission control equipment, and HB 05-1293 would be the appropriate change in the law to address this issue. She noted that this bill sets a new cap to limit the amount of money spent on new emission control equipment. Ms. Connelly said that this investment will drive consumer rates up by only 1.6 percent. She asked that the committee enact the law so that Xcel can spend the money on emissions reduction equipment.

10:33 AM

Ms. Connelly noted that this bill is also about spending less money now to meet emissions standards than what will be required in the future when the EPA requires more rigid standards. She believes that the decision to make a voluntary investment in this equipment is a decision for the state legislature, not the Public Utilities Commission. She would prefer that the committee should leave the bill as it was drafted. Ms. Connelly indicated to the committee that if Xcel acts now, it would take some of its power plants off of the enforcement list and avoid violations as the EPA goes further down the EPA enforcement list. She continued to respond to committee questions.

10:52 AM

Responding to a question from Representative Ragsdale, Ms. Connelly stated that Xcel does not have a rainy day fund that would permit it to invest in this equipment. Ms. Connelly asked that Mr. Olin Plunk, Vice President of Xcel's Environmental Services, a specialist from Xcel Energy, respond to the more technical questions coming from the committee. Mr. Plunk testified about the efficiencies of new power plants versus older power plants.

11:01 AM

Ms. Connelly responded to committee questions. She noted that the PUC hearing is more exhaustive than coming before the House Transportation and Energy Committee. Ms. Connelly believes that although the PUC adjudicatory process may be more exhaustive, she believes that it is more appropriate for this decision to be made by the legislature, not the PUC. Representative Knoedler indicated that the committee should embrace the PUC process.


BILL:	HB05-1293
TIME:	11:04:49 AM
MOVED:	Knoedler
MOTION:	Moved L.003 (Attachment E). Rep. Knoedler explained the amendment. The motion failed on a 5-6 vote.
SECONDED:	Cadman
		VOTE
	Borodkin	No
	Cadman	Yes
	Green	No
	Hefley	Yes
	Knoedler	Yes
	Larson	No
	Lindstrom	No
	Ragsdale	Yes
	Welker	Yes
	McFadyen	No
	Pommer	No
Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL

11:09 AM

Representative Welker offered a handout to the committee, Attachment F - Executive Compensation of Xcel Energy executive officers from Xcel's 2004 Proxy Statement.


BILL:	HB05-1293
TIME:	11:10:49 AM
MOVED:	Welker
MOTION:	Moved L.004 (Attachment G). Representative Welker explained his amendment. Chairman McFadyen ruled that the amendment did not fit under the title of the bill.
SECONDED:	Hefley
		VOTE
	Borodkin
	Cadman
	Green
	Hefley
	Knoedler
	Larson
	Lindstrom
	Ragsdale
	Welker
	McFadyen
	Pommer
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:	HB05-1293
TIME:	11:14:35 AM
MOVED:	Pommer
MOTION:	Referred HB 05-1293 to the Committee on Appropriations, unamended, with a favorable recommendation. The motion passed on a 6-5 vote.
SECONDED:	Larson
		VOTE
	Borodkin	Yes
	Cadman	No
	Green	Yes
	Hefley	No
	Knoedler	No
	Larson	Yes
	Lindstrom	Yes
	Ragsdale	No
	Welker	No
	McFadyen	Yes
	Pommer	Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

11:24 AM -- Senate Bill 05-036

Representative May, prime sponsor, explained Senate Bill 05-036 regarding the limitations on the driving privileges of newly licensed minor drivers and prohibiting such drivers from driving during certain hours or carrying passengers who are under 21 years of age. He responded to committee questions. Rep. May offered Attachments H and I, USA newspaper articles entitled, Deadly teen auto crashes show a pattern and The hazards of teen driving. He also offered Attachment J entitled Just The Facts: Teen Driving.

The following people testified:

11:39 AM -- Joe Corrigan, representing himself, testified against the bill. Mr. Corrigan is a father of six children. Two of his children are in high school. He explained that this bill may limit some children's level of activity at school. He responded to committee questions. The committee praised Mr. Corrigan for taking the time to testify.

11:58 AM -- Mary Greer, Colorado Automobile Association of America (AAA), and Norm Sherbert, representing AAA, testified in support of the bill. She indicated that while the bill will inconvenience some younger drivers for certain periods of time, it does offer some exemptions for activities that take place at schools. She noted that some studies have shown that 16-year-olds do not have the brain development to react in some driving situations. Ms. Greer also stated that there are over 20 states that have offered similar driver restrictions. Mr. Sherbert said that during Senate testimony on this bill, a Dr. Lowenstein testified about a study he had conducted related to this issue (Attachment K - Student Drivers: A Study of Fatal Motor Vehicle Crashes Involving 16-Year-Old Drivers." The study focuses on the driving judgment of 16 and 17-year-old drivers.

12:04 PM -- Dr. Farland Bottoms, representing On Angel's Wings, testified in support of the bill. He stated that his organization was started after the death of his own son. He recounted the experiences he has had related to young drivers, their injuries and fatalities that have occurred while driving. He pleaded with the committee to enact this bill.

12:08 PM -- Wayne Tully, representing the National Driver Training Institute, testified in support of the bill. He offered reasons why this bill should be enacted. He provided two articles from the Insurance Institute for Highway Safety Attachment L - "From age 16 to 16 1/2," and Attachment M - "Teenage Passengers in Motor Vehicle Crashes: A Summary of Current Research."

12:15 PM -- Wes Riber, Douglas County Coroner, representing the County Sheriffs of Colorado, testified in support of the bill. He also indicated that the Colorado Coroners' Association are in support of the bill. He recounted various teen death statistics in Douglas County and his experience as the coroner for the county.

12:19 PM -- David Hancock, representing the Teen Driving Coalition, testified in support of the bill. He noted that once teens get into a car without their parents, that the teens do not have to follow their parents rule. He believes that the inconvenience this bill might create are minimal compared to teen driving injuries and fatalities. He recounted some of his own experiences related to teen driving accidents.

12:22 PM -- Bill Imig, representing the Property and Casualty Insurers Association, testified in support of the bill. He believes that passage of the bill will reduce the teen accident rate and save lives.

12:23 PM -- Terry Campbell, representing the Colorado Department of Public Safety and the Colorado State Patrol, testified in support of the bill. He discussed statistics related to teen drivers. He responded to committee questions.


BILL:	SB05-036
TIME:	12:25:47 PM
MOVED:	McFadyen
MOTION:	Referred SB 05-036 to the Committee of the Whole, unamended, with a favorable recommendation. The vote passed on a 8-2-1 vote.
SECONDED:	Larson
		VOTE
	Borodkin	Yes
	Cadman	No
	Green	Yes
	Hefley	Excused
	Knoedler	Yes
	Larson	Yes
	Lindstrom	Yes
	Ragsdale	No
	Welker	Yes
	McFadyen	Yes
	Pommer	Yes
Final YES: 8 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS