Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES
Date:03/16/2005
ATTENDANCE
Time:10:13 AM to 12:50 PM
Brophy
X
Gallegos
X
Place:LSB A
Harvey
X
Hodge
X
This Meeting was called to order by
Hoppe
X
Representative Curry
McFadyen
X
Penry
*
This Report was prepared by
Rose
X
David Beaujon
Solano
X
McKinley
X
Curry
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Regulation of Oil and Gas Development
SB05-024
HB05-1296
Briefing only
Amended, Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole

10:15 AM - Regulation of Surface Damages from Oil and Gas Development

Brian Macke, Director of the Colorado Oil and Gas Conservation Commission (COGCC), described the organization of the COGCC, identified the location of oil and gas development in Colorado, and compared current production levels and well permits issued with previous years (Attachment A).


10:27 AM

Morris Bell, COGCC Deputy Director, described financial assurance requirements pertaining to plugging and abandonment, surface damage, and natural gas gathering, processing, and storage. Mr. Macke responded to questions concerning the process and criteria for foreclosing on bond. Committee discussion followed about oil and gas production levels and the need for additional COGCC staff to oversee the significant growth in oil and gas development in Colorado.




10:38 AM

Mr. Macke described the enforcement of COGCC rules including the process for investigating complaints and imposing fines (Attachment B). He explained that a COGCC pamphlet is provided to the public when they are notified of an application for a permit to drill on their land (Attachment C). The pamphlet includes a summary of COGCC regulations concerning use of surface lands, contact information, and other information of interest to affected land owners. In response to questions from the committee, Mr. Macke described the COGCC's authority to enforce surface-use requirements for well developers. Committee discussion followed about possible improvements to the information provided to the public including an explanation about the process for foreclosing on surface damage bonds.


10:58 AM

Peter Mueller, Chairman of the COGCC, described the make up of the commission and responded to questions from the committee regarding its ability to impartially protect the public interest. Mr. Macke described the COGCC's on-site inspection process and the criteria for withholding a permit to drill(Attachment D).


11:11 AM

Mr. Macke compared Colorado's regulation of oil and gas development with other states (Attachment E and F). In response to questions, he explained that a surface owner may request the COGCC to increase the amount of a surface damage bond. Mr. Macke also described COGCC's budget and explained that it does not receive any General Fund moneys.


11:18 AM

The briefing ended and the committee recessed.


11:29 AM -- Senate Bill 05-024

Representative Hoppe, sponsor, described the provisions of SB05-024 concerning recodification of livestock laws. She also distributed Amendment L. 003 (Attachment F).

The following persons testified on the bill:

11:31 AM --
Sheldon Jones, Deputy Agriculture Commissioner, spoke in support of the bill and described risk of animal diseases to Colorado's livestock industry.

11:36 AM --
Keith Roehr, Colorado Department of Agriculture, spoke in support of the bill and described regulation of animal diseases including the rule making process for responding to new diseases.



11:40 AM --
Janet Fox Stevens, Colorado Federation of Dog Clubs, spoke in support of the bill and Amendment L. 003.

11:42 AM --
Barb Powers, Colorado Veterinary Medicine Association, spoke in support of the bill.

11:42 AM --
Chris Kraft, Colorado Livestock Association, spoke in support of the bill.

11:44 AM --
Margie Christiansen, Colorado Elk Breeders Association, spoke in support of the bill.

11:45 AM --
Garin Bray, Colorado Farm Bureau, Colorado Cattlemen's Association, spoke in support of the bill.

Donna La Chey, Colorado Poultry Improvement Board, submitted a letter of support for SB05-024 (Attachment G).


11:46 AM

Testimony ended and Representative Hoppe closed her remarks.
BILL:SB05-024
TIME: 11:47:18 AM
MOVED:Hoppe
MOTION:Moved Amendment L. 003. The motion passed without objection.
SECONDED:Rose
VOTE
Brophy
Gallegos
Harvey
Hodge
Hoppe
McFadyen
Penry
Rose
Solano
McKinley
Curry
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:SB05-024
TIME: 11:48:44 AM
MOVED:Hoppe
MOTION:Moved SB05-024 to the Committee of the Whole, as amended. The motion passed on a roll call vote of 11-0.
SECONDED:Rose
VOTE
Brophy
Yes
Gallegos
Yes
Harvey
Yes
Hodge
Yes
Hoppe
Yes
McFadyen
Yes
Penry
Yes
Rose
Yes
Solano
Yes
McKinley
Yes
Curry
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


11:50 AM

The meeting recessed.




11:58 AM -- House Bill 05-1296

Representative Buescher, sponsor, closed his remarks on HB05-1296 concerning area-of-origin protections and described the provisions of House Joint Resolution 03-1019 that endorsed the Colorado 64 Water Principles (Attachment H). He also responded to testimony provided at the March 13 meeting and described the provisions of Amendment L 004 (Attachment I), Amendment L 005 (Attachment J), Amendment L 006 (Attachment K).
BILL:HB05-1296
TIME: 12:04:20 PM
MOVED:Curry
MOTION:Moved Amendment L. 005. The motion failed on a roll call vote of 5-6.
SECONDED:Penry
VOTE
Brophy
No
Gallegos
Yes
Harvey
No
Hodge
No
Hoppe
No
McFadyen
Yes
Penry
Yes
Rose
No
Solano
No
McKinley
Yes
Curry
Yes
Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL

BILL:HB05-1296
TIME: 12:11:35 PM
MOVED:Rose
MOTION:Moved to amend Amendment L. 005, Page 1, line 9, strike "MAY" and substitute "SHALL". The motion failed on a roll call vote of 4-7.
SECONDED:Hoppe
VOTE
Brophy
No
Gallegos
No
Harvey
No
Hodge
No
Hoppe
Yes
McFadyen
Yes
Penry
Yes
Rose
Yes
Solano
No
McKinley
No
Curry
No
Not Final YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL




12:25 PM

Representative Buescher explained that Amendment L. 004 includes language that is similar to resolution (7) of the HJR03-1019. Committee discussion followed about definition of "social impacts" and "reasonably mitigated."
BILL:HB05-1296
TIME: 12:26:17 PM
MOVED:Curry
MOTION:Moved Amendment L. 004. The motion passed on roll call vote of 6-5.
SECONDED:McFadyen
VOTE
Brophy
No
Gallegos
Yes
Harvey
No
Hodge
No
Hoppe
No
McFadyen
Yes
Penry
Yes
Rose
No
Solano
Yes
McKinley
Yes
Curry
Yes
Not Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS
BILL:HB05-1296
TIME: 12:37:35 PM
MOVED:Penry
MOTION:Moved Amendment L. 006. The motion passed without objection.
SECONDED:McFadyen
VOTE
Brophy
Gallegos
Harvey
Hodge
Hoppe
McFadyen
Penry
Rose
Solano
McKinley
Curry
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



12:39 PM

The committee recessed.
BILL:HB05-1296
TIME: 12:40:01 PM
MOVED:Hodge
MOTION:Moved to amend Page 4 of the printed bill, line five, strike "THAT ARE PENDING OR". The motion passed without objection.
SECONDED:Hoppe
VOTE
Brophy
Gallegos
Harvey
Hodge
Hoppe
McFadyen
Penry
Rose
Solano
McKinley
Curry
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection




12:42 PM

The committee discussed followed on HB05-1296, as amended.
BILL:HB05-1296
TIME: 12:49:34 PM
MOVED:Gallegos
MOTION:Moved HB05-1296 to the Committee of the Whole, as amended. The motion passed on a roll call vote of 6-5.
SECONDED:McFadyen
VOTE
Brophy
No
Gallegos
Yes
Harvey
No
Hodge
No
Hoppe
No
McFadyen
Yes
Penry
Yes
Rose
No
Solano
Yes
McKinley
Yes
Curry
Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS




12:50 PM

The meeting adjourned.