House Committee on Transportation & Energy (04/19/2006)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON TRANSPORTATION & ENERGY

Date:	04/19/2006	ATTENDANCE

Time:	01:46 PM to 05:58 PM	Borodkin	X
		Green	*
Place:	SupCt	Hefley	X
		Knoedler	X
This Meeting was called to order by		Larson	X
	Representative McFadyen	Lindstrom	X
		Ragsdale	X
This Report was prepared by		Sullivan	*
	Jamila Rockette	Welker	X
		McFadyen	X
		Pommer	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB06-1003		Amended, Referred to the Committee of the Whole

01:47 PM -- House Bill 06-1003

Representative Pommer, prime sponsor, presented House Bill 06-1003, which sets requirements for private toll roads. Representative Pommer outlined the provisions of the bill and discussed how this legislation fits with Senate Bill 06-078 which is now current law. Representative Pommer distributed amendment L.002 (Attachment A).

02:05 PM

Robert Yuhnke, representing the Colorado Environmental Coalition and Environment Colorado, spoke in support of the bill. Mr. Yuhnke stated that this bill does not target a specific project, but rather creates a process.

02:17 PM

Robert Bethune, representing Harold and Elaina Eurich, and St. Mary's Orthodox Church, testified before the committee. Mr. Bethune discussed the property that his family owns and the importance of the property to his family. He expressed his concern about a private toll road company using eminent domain to take his family's property.

02:23 PM

Sharon Croghan, representing herself, testified before the committee. Ms. Croghan distributed a photo of her property (Attachment B) and discussed the impact the proposed Front Range Toll Road would have on her community. Ms. Croghan thanked the committee and Representative Pommer for the work the committee has done on the bill. She stated that the road would impact over 120 homes in Weld County. Responding to questions from members, Ms. Croghan stated that she is concerned about the proposed railroad.

02:34 PM

Representative Pommer explained the railroad provision of the bill.

02:38 PM

Harlan Williams, representing himself, testified before the committee. Mr. Williams stated that he has never seen a railroad constructed before the construction of a road or highway. He stated that the criteria for constructing a railroad is different than the criteria for building a road. Mr. Williams thanked the committee for its work on the legislation. Mr. Williams distributed a handout to the committee (Attachment C).

02:41 PM

Lila Beaber, representing herself, testified before the committee. Ms. Beaber asked the committee to "represent the people." Responding to questions from members, Ms. Beaber stated that there needs to be as many rules and regulations as possible to ensure that people do not have to worry about having their land taken away.

02:44 PM

Jack Guanaugh, representing himself, spoke in support of the bill. He stated that he is a city planner and he believes the provisions of the bill will help to mitigate against private initiatives that he believes are dangerous. He stated that he has some reservations about the railroad provision of the bill.

02:48 PM

Herma Milner

representing Bob Selle, testified before the committee. Ms. Milner read a letter from Mr. Selle, who is the Superintendent of the Calhan School District RJ-1 (Attachment D). The letter expressed Mr. Selle's concerns about the Front Range Toll Road. Mr. Selle is concerned about how the proposed toll road will affect the district's school bus routes and fuel costs.

02:51 PM

Rick Scaduto, representing himself, spoke in support of the bill. He stated that he supported the bill but believes the railroad component of the legislation should be addressed in a separate bill. He asked that the committee not use the Front Range Toll Company as the blueprint for the bill.

02:59 PM

Father Lawrence Goudreau, representing St. Mary's Orthodox Church, spoke in support of the bill. He stated that any legislation that limits the power of government and private industry from doing whatever they want is good. Father Goudreau described the importance of the land that the proposed Front Range Toll Road would be constructed on and stated that the land is sacred.

03:02 PM

Rick Brown, representing the High Plains Coalition for Transportation Policy, spoke in support of the bill. Mr. Brown thanked the committee and Representative Pommer for the work they have done on the bill and stated that the bill is moving along in the right direction.

03:15 PM

Robert Thomason deferred testifying on the bill. Chairwoman McFadyen stated for the record that Mr. Thomason supports House Bill 06-1003.

03:15 PM

Marsha Looper, representing herself, spoke in support of the bill. Ms. Looper thanked the committee for the work they have done on the bill.

03:22 PM

Pam Smith, representing herself, spoke in support of the bill. She stated that she supports the bill with the exception of the railroad provision. She distributed photos of her property (Attachment E).

03:28 PM

Herman Stockinger, representing the Colorado Department of Transportation (CDOT), spoke in support of the bill. Responding to questions from members, Mr. Stockinger explained CDOT's authority for condemning property.

03:37 PM

Cindy Bulinski, representing herself, spoke in support of the bill. Ms. Bulinski thanked Representative Pommer for the work he has done on the bill. Ms. Bulinski expressed her concerns about some of the bills provisions.

03:41 PM

Chuck Saxton, representing himself, spoke in support of the bill. Mr. Saxton asked Representative Pommer to discuss how utility companies will be affected by private toll roads.

03:47 PM

Karen Shipper, representing herself, spoke in opposition to the bill. Ms. Shipper outlined some of her concerns with the bill.

03:56 PM

Pat Vera-Hink, representing herself, testified before the committee. Ms. Vera-Hink stated that she hopes the legislation will protect the rights of private property owners and allow the state to grow. She expressed her concern about her property being taken away. She said that she is concerned with potential loopholes in the legislation. She stated that eminent domain should benefit the public and not just private entities.

04:05 PM

Mark Booth, representing Booth Land and Livestock, testified before the committee. Mr. Booth asked the committee not to take action on the bill today because he believes the bill is incomplete and there is more work that needs to be done.

04:26 PM

Scott Mikita, representing Mikita Dairy and St. Mary's Church, spoke in opposition to the bill. Mr. Mikita stated that he would like to see any loopholes in the bill eliminated. He stated that he does not understand why a private company should have the right to construct a private toll road.

04:29 PM

Linda Hendrix, representing herself and her mother, spoke in support of the bill. Ms. Hendrix stated that a private company should not be allowed to condemn land. She described her family's history in the area and stated that the community itself is more than a community, it's a family. She stated that tearing the community apart would be similar to tearing a family apart.

04:33 PM

William Perry, representing himself and his son, spoke in opposition of the bill. Mr. Perry discussed his son's property and stated that he believes the bill is too loosely written.

04:39 PM

Debby Hlatki representing her family, testified before the committee. Ms. Hlatki stated that her family has been constructing a new home right in the path of the proposed Front Range Toll Road. She asked the committee to support measures that will protect her home and the homes of her community members.

04:41 PM

Luther Huddleson, spoke in support of the bill as the bill is currently written.

04:41 PM

Kevin Halferty, representing his family, spoke in opposition to the bill. Mr. Halferty stated that HB06-1003 should be a one page document declaring that private toll roads are prohibited in the State of Colorado.

04:53 PM

Carl Filler, representing himself and his family, spoke in support of the bill. Mr. Filler thanked Representative Pommer for his efforts on the bill. He stated that he owns property in the area through which the proposed toll road would pass.

04:57 PM

Representative McFadyen stated that for the record Navonne Hale and Wayne Kender and are in support of the bill. Neither individual was present when called to testify before the committee.

04:57 PM

Nancy Gough, representing herself, spoke in support of the bill. Ms. Gough stated she supports the bill because the legislation will control private toll roads.

05:01 PM

Gary Hlatki, representing himself and his family, testified before the committee. Mr. Hlatki outlined some of his concerns regarding the proposed Front Range Toll Road.

05:08 PM

Representative McFadyen stated for the record that Mike Hlatki is in support of the bill. Mr. Mike Hlatki was not present when called to testify before the committee.

05:08 PM

Charles Shaw, representing himself, spoke in support of the bill, but in opposition to amendment L.002. Mr. Shaw stated that amendment L.002 is too broad and addresses too many issues.

05:24 PM

Mike Steinmyer, representing himself, spoke in support of the bill. Mr. Steinmyer asked Representative Pommer to clarify the railroad provisions of the bill.

05:29 PM

Carolyn Myers, representing herself, testified before the committee. Ms. Myers stated that she would like a thoughtful and deliberative process for private toll road companies. She expressed her concern with the bill expanding the definition of a private toll road.

05:30 PM

Representative McFadyen called a recess.

05:41 PM

Representative McFadyen called the committee back to order.


BILL:	HB06-1003
TIME:	05:41:34 PM
MOVED:	Pommer
MOTION:	Moved amendment L.002 (Attachment A). The motion passed without objection.
SECONDED:	Larson
		VOTE
	Borodkin
	Green
	Hefley
	Knoedler
	Larson
	Lindstrom
	Ragsdale
	Sullivan
	Welker
	McFadyen
	Pommer
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1003
TIME:	05:44:53 PM
MOVED:	Pommer
MOTION:	Page 5, Strike lines 7 through 10 and substitute the following: "RIGHTS-OF-WAY ACQUIRED SHALL FORM A CORRIDOR NO LARGER THAN THAT APPROVED BY THE REGIONAL PLANNING AGENCY AND THE TRANSPORTATION COMMISSION. IN ACCORDANCE WITH SECTION 43-1-1204, (3) (b), C.R.S., THE DEPARTMENT MAY NOT SELL OR".
SECONDED:	Larson
		VOTE
	Borodkin
	Green
	Hefley
	Knoedler
	Larson
	Lindstrom
	Ragsdale
	Sullivan
	Welker
	McFadyen
	Pommer
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

05:51 PM

Representative Pommer gave his closing remarks.


BILL:	HB06-1003
TIME:	05:51:19 PM
MOVED:	Pommer
MOTION:	Moved House Bill 06-1003, as amended, to the Committee of the Whole. The motion passed 11-0
SECONDED:	Borodkin
		VOTE
	Borodkin	Yes
	Green	Yes
	Hefley	Yes
	Knoedler	Yes
	Larson	Yes
	Lindstrom	Yes
	Ragsdale	Yes
	Sullivan	Yes
	Welker	Yes
	McFadyen	Yes
	Pommer	Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:58 PM

The committee adjourned.