Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON TRANSPORTATION & ENERGY
Date:02/24/2005
ATTENDANCE
Time:09:39 AM to 12:54 PM
Borodkin
X
Cadman
X
Place:HCR 0107
Green
X
Hefley
E
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:
HB05-1235
HB05-1214
HB05-1293
Laid Over
Amended, Referred to Committee on Appropriations
Laid Over

09:40 AM -- House Bill 05-1235

Representative Lundberg, prime sponsor, introduced House Bill 05-1235 which authorizes a parent to administer a driver's education or driver's prequalification awareness course to qualify a student to obtain a driver's license. The bill also:

• requires a teaching parent to use a course approved by the Department of Revenue;
• clarifies that a parent does not have to install special equipment; and
• sets related course standards.

The following people testified:



09:44 AM -- Wayne Tully, representing National Driver Training Institute, CEO and President, testified in support of the bill. He believes preserving parental rights to be involved in the driver education practice of their teens. Mr. Tully provided the following attachments:


09:49 AM

Mr. Tully indicated that Colorado does not require certification for driving educators. He also indicated that many of the companies do not carry professional liability insurance. He recounted background information on recent legislation related to driving schools. Mr. Tully and Representative Lundberg responded to committee questions. The committee discussed various issues related to the urban and rural driving, including driving experiences. The committee also indicated that it had discussed this issue before the Transportation Legislation Review Committee (TLRC) last interim, and a related bill was passed last session. Representative Borodkin feels as though that bill allowed parents to be involved in the driving instruction for their children.


10:14 AM

Representative Lundberg responded to committee questions. He said he believes that parent driving education programs should be stressed to the public, to encourage parents to be a part of their children's driver education. He also believes that this would allow more competition in the driver education programs that are offered.


10:22 AM --
Trean Gossen, representing the Concerned Parents of Colorado, a homeschool teaching organization, testified in support of the bill. She responded to committee questions.

10:25 AM --
Diane Reimer, representing the Department of Revenue (DOR), offered to clarify the issue. She noted that the department has tried to work on this issue through the TLRC. She indicated that the department has had some concerns with on-line driver's programs.



10:28 AM

Ms. Reimer responded to questions from committee members about rules issued by the DOR. Representative Lundberg discussed conversations he has had with the department. Representative Pommer made comments about the testimony that had been in the morning. Representative Lundberg made further comments about possible work on the bill in the future.


10:37 AM

Committee members discussed responses they have received from constituents in regard to the bill. Representative Cadman discussed issues around parent-directed curriculum.


10:39 AM

Representative Pommer determined to take the bill off of the table to be laid over and assist Representative Lundberg in obtaining a deadline extension.


10:43 AM -- House Bill 05-1214

Representative Cerbo reviewed the provisions of House Bill 05-1214, concerning the registration of motor vehicles, and amending the exemptions from the motor insurance identification fee and the requirements for periodic emission control inspections.

10:47 AM -- Scott Doyle, representing the Colorado Clerk and Recorders Association, testified in support of the bill.

10:51 AM --
Katy De Boer, representing the Colorado Clerk and Recorders Association, spoke in support of the bill. She responded to questions about the statutes being addressed in the bill.

10:55 AM --
Pam Nielson, representing the Clerk and Recorders Association from Larimer County, spoke in support of the bill. She discussed the issues related to registration of farm vehicles.

10:57 AM --
Jim Brandon, representing Envirotest, discussed the bill and requested consideration of adding an effective date to the bill.

11:02 AM --
J.M. Fay, came to the table in support of the bill. Representative Cerbo assisted Ms. Fay with her testimony by reading and summarizing written testimony.



11:10 AM -- Steve Perkins, representing Centennial Leasing, testified in support of the bill.
BILL:HB05-1214
TIME: 11:12:02 AM
MOVED:Larson
MOTION:Moved to strike section 2 of the bill. The motion passed without objection.
SECONDED:Knoedler
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:HB05-1214
TIME: 11:13:58 AM
MOVED:Pommer
MOTION:Moved amendment L.002 (Attachment H). The motion passed without objection.
SECONDED:Borodkin
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:HB05-1214
TIME: 11:15:47 AM
MOVED:Larson
MOTION:Moved, page 5, line 15, strike "upon passage" and substitute "September 1, 2005." The motion passed without objection.
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: Pass Without Objection


11:16 AM

Representative Cerbo made final comments on the bill.
BILL:HB05-1214
TIME: 11:19:00 AM
MOVED:Borodkin
MOTION:Referred HB 05-1214, as amended, to the Committee on Appropriations. The motion passed on a 9-0-2 vote.
SECONDED:Larson
VOTE
Borodkin
Yes
Cadman
Yes
Green
Yes
Hefley
Excused
Knoedler
Yes
Larson
Yes
Lindstrom
Yes
Ragsdale
Yes
Welker
Yes
McFadyen
Excused
Pommer
Yes
Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS



11:24 AM -- House Bill 05-1293

Representative Pommer reviewed the provisions of House Bill 05-1293, concerning expansion of the stationary source voluntary emission reduction program. He made a Powerpoint presentation and distributed a hand-out of his presentation (Attachment I). The presentation discussed targeted pollutants, ground level ozone, and smog.


11:36 AM

Representative Pommer responded to questions about the potential for an Environmental Protection Agency (EPA) enforcement action. Committee discussion continued about regulation of power plants and existing EPA requirements. Representative Pommer discussed the fact that there are different standards for different power plants. Representative Pommer said that one of the reasons for the bill includes clarifying the costs for compliance with an emission reduction program.


11:46 AM

Representative Pommer continued to respond to questions about the potential for increases in residential and commercial bills.


11:46 AM

The following persons testified:

11:46 AM --
Olon Plunk, representing Xcel Energy, testified in favor of the bill. He provided background on the company's current compliance program. Mr. Plunk provided additional information about the company's support of voluntary programs and the flexibility they offer. He described the specific examples of the Pawnee and Cherokee power plants.


11:55 AM

Committee members asked questions of Mr. Plunk in regard to costs of compliance and the potential for EPA action. Mr. Plunk discussed a current dispute that the company has with the EPA in regard to the Pawnee power plant. He described the nature of voluntary programs when companies plan to go beyond or further than existing EPA requirements.


12:00 PM

Representative Knoedler made comments about recent EPA actions and said that pending actions raise questions for him in regard to the bill. He expressed concern that the bill not provide sufficient flexibility. Representative Pommer made further comments based on the witness testimony and committee questions.



12:05 PM --
Thor Nelson, an attorney with Holland and Hart and representing the Colorado Energy Consumers Group, an ad hoc group of large electric users throughout the state of Colorado, spoke in opposition to the bill. He added that the organization is supportive of the environment, but that this bill is not conducive to economic development or fair electric rates. Mr. Nelson responded to questions from the committee.

12:20 PM --
Mr. Nelson continued responding to questions.

12:34 PM --
Stan Dempsey, Colorado Petroleum Association, spoke in opposition to the bill and distributed a handout (Attachment J) which is a notice of violation from the EPA to Xcel Energy. He stated that this bill would cost his clients a significant amount of money each year.

12:48 PM --
Mr. Dempsey responded to questions from the committee.


12:53 PM

Representative McFadyen stated, in light of the hour and the members' afternoon committee schedules, that HB 1293 would be taken off the table and rescheduled for additional testimony and action.


12:54 PM

The committee adjourned.