Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON AGRICULTURE, NATURAL RESOURCES & ENERGY

Date:02/02/2006
ATTENDANCE
Time:01:38 PM to 04:27 PM
Brophy
X
Entz
X
Place:SCR 356
Groff
X
Taylor
X
This Meeting was called to order by
Tochtrop
X
Senator Isgar
Grossman
X
Isgar
X
This Report was prepared by
Geoff Johnson
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB06-114
HB06-1014		Laid Over
Referred to the Committee of the Whole
01:39 PM -- House Bill 06-1014

Senator Isgar, prime sponsor, said that the bill gives the Department of Agriculture the authority to spend gifts and grants that they receive.

01:41 PM -- John Ritan, Department of Agriculture, explained that this situation, receiving grants without the authorization to spend them, occurs infrequently. He is only aware of one instance in which the Department has received a grant and has not been able to spend that money. However, he supports the bill for those situations.
BILL:HB06-1014
TIME: 01:44:21 PM
MOVED:Isgar
MOTION:Moved that the bill be favorably recommended to the Committee of the Whole with a recommendation that it be placed on the Consent Calendar. The motion passed 7-0.
SECONDED:
VOTE
Brophy
Yes
Entz
Yes
Groff
Yes
Taylor
Yes
Tochtrop
Yes
Grossman
Yes
Isgar
Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
01:45 PM -- Senate Bill 06-114

Senator Kester, prime sponsor, explained that the bill will allow swine operations to use alternative technology to capture odors emitted from the operation's lagoon.

01:49 PM -- Susan LeFever, Sierra Club, said that Colorado voters adopted Amendment 14 in 1998 by a 63% margin. She said that the ballot initiative specifically required that waste lagoons be covered with a physical cover to capture odors. She said that the Sierra Club is very concerned about efforts to change this requirement. They believe that the covers are still the best technology. She wants to make sure that any changes will continue to protect the public from air emissions.

01:53 PM -- Kathy Martin, Farmer's Union, commented on the types of lagoons that are used by the operations.

02:04 PM -- John Stencil, Rocky Mountain Farmer's Union, commented on problems with odors emitted from swine operations.

02:14 PM -- Elwin Poe, Holyoke, Rocky Mountain Farmer's Union Board, said that any proposed regulations should strengthen regulations rather than weakening them. He said that he is concerned about enforcement of the regulations.

02:26 PM -- Doug Melcher, Colorado Corn Grower's Association, said that alternative covers may already be used if approved by the Agricultural Commission. He opposed weakening Amendment 14. He said that the odors have increased recently.

02:32 PM -- Marty Brophy, Eckle, said that the odor problems are quite significant on his property. He said that Amendment 14 should be strictly enforced. He said that there are uncovered lagoons near his farm. Senator Kester said that the standards will not be lowered under the bill.

02:39 PM -- Sadie Jarrett, Wray, commented on the stench of the feeding operations which reaches her home.

02:42 PM -- Deena Jarrett, Wray, commented on the impact of the hog operations on her life.

02:45 PM -- Sue Jarrett, commented on the failure of the Health Department to enforce Amendment 14. She said that the odors are preventing her from enjoying her property. She said that most of the lagoons are not covered. She distributed a document and commented on the need for independent verification of odor levels. She commented on Health Department regulations in this area.

03:01 PM -- Galen Travis, Burlington, said that he is not being protected by Amendment 14 and that enforcement is not happening. He said that there is no monitoring of the operations and that only one violation of the standards has been documented.

03:11 PM -- Jenn Bolton, Audubon Society and Trout Unlimited said that her organizations oppose the bill unless it is amended. She believes that the bill weakens Amendment 14, allowing lower standards for odor. Her organizations have requested an amendment to the bill.

03:15 PM -- Howard Roitman, Colorado Department of Health, Environmental Program Director, said that the purpose of the bill is to help meet standards in Amendment 14. The Department has developed a program with stringent odor regulation standards to protect nearby homes, schools, and businesses. He said that the ideal regulatory environment should be "technology neutral" and focus on odor standards. He commented on enforcement efforts. He said that conditions often change before regulatory personnel can be on the scene. He said that the Amendment is being enforced to the best of their ability, and that the regulations allow alternative aerobic covers.

Senator Grossman asked Mr. Roitman "if the Division can permit any cover they wish under regulation, then why does the Department need this bill." Mr. Roitman said that their experience is that there are alternative technologies that allow the standards to be met.

Senator Taylor asked if the Department has the resources to implement Amendment 14. Mr. Roitman said that the Department relies on compliance reports from the industry and agreed that there are limited resources available for enforcement. He said that the Department responds to complaints when it can be done in a timely fashion.

03:36 PM -- Dr. Mike Veenhuizen, Colorado Livestock Association, said that there are many cover alternatives which should be considered to address odor problems. He said that Colorado's farms have been in compliance with the regulations, and that he supports the bill. He said current regulations do not consider the individual situation of an operator. He described the many alternative odor control practices that may be used. Senator Entz said that the believes that the regulations do not match Amendment 14.

03:47 PM -- Don Owens, Seaboard Foods, Director of Environmental Operations, commented on his company's operations. He supports the bill, stating that he believes that the bill focuses on results, and that synthetic covers are not necessarily the best solution. He said that alternative aerobic covers work better than synthetic covers. He commented on the impact of the industry on the Colorado economy. He said that the standards will not change under the bill, but that it will allow technological flexibility.

03:55 PM -- Dr. Veenhuizen commented on a study that showed that plastic covers are not as effective as aerobic covers.

04:00 PM -- Jose Rojas, Murphy-Brown, commented on the impact of his business on the economy. He discussed the environmental compliance efforts of the company and said that odor management is important to the company.

04:04 PM -- Brian Martin, Heritage Farms, said that he is responsible for environmental compliance at 17 farms. He commented on the impact of his company on the local economy. He supports the bill because he believes it will allow appropriate odor control practices that focus on results.

04:09 PM -- Dave Thomas, Yuma County Commissioner, said that he and Colorado Counties, Inc. support the bill. He said that the companies in his county have been good neighbors using appropriate technologies.

04:10 PM -- Troy Killin, Holyoke, commented on his businesses and their interaction with Seaboard, Inc. He commented on the cover requirement in Amendment 14.
04:15 PM -- Garin Bray, Colorado Farm Bureau, supported the bill.

04:16 PM -- Dean Jarrett, Yuma County, said that there is only one facility that he knows of that has a synthetic cover. He opposes the bill.

04:19 PM -- Dr. Veenhuizen said that there are seven farms that are using synthetic covers, but that many other alternatives are also in use.

04:25 PM

Senator Isgar laid the bill over.