Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON TRANSPORTATION & ENERGY

Date:03/08/2006
ATTENDANCE
Time:01:45 PM to 04:07 PM
Borodkin
X
Green
X
Place:HCR 0112
Hefley
X
Knoedler
X
This Meeting was called to order by
Larson
X
Representative Pommer
Lindstrom
X
Ragsdale
X
This Report was prepared by
Sullivan
E
Jamila Rockette
Welker
X
McFadyen
X
Pommer
*
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB06-1302
SB06-029
SB06-015		Amended, Referred to Appropriations
Postponed Indefinitely
Referred to Appropriations



01:45 PM -- House Bill 06-1302

Representative Stengel, prime sponsor, discussed House Bill 06-1302 which eliminates the existing basic emissions program and expands the clean screen program; the committee first heard the bill on February 23, 2006. The chairman laid over the bill on February 23rd so that the committee could hear testimony from the Colorado Department of Public Health and Environment (CDPHE) and receive clarification on the fiscal note.

Representative Stengel began by inquiring as to whether or not amendment L.002 (Attachment A), which he presented at the bill's last hearing, was adopted; there was not a motion on the amendment at the bill's last hearing and the amendment was not adopted. Representative Stengel discussed the updated fiscal note and amendment L.002. He also distributed and discussed amendment L.003 (Attachment B), and answered questions for the committee about the bidding process for emission testing facility contracts.

01:58 PM

Doug Lempke, representing CDPHE, answered questions for the committee. Mr. Lempke described the proposed changes CDPHE and the Air Quality Control Commission (AQCC) have for the vehicle emissions inspection program. He stated that CDPHE and AQCC are working together at the direction of Governor Owens and the Executive Director of CDPHE to evaluate options to either eliminate or make significant changes to the Inspections and Maintenance (I&M) Program. He stated that the I&M program is very expensive to operate in comparison to the amount of emissions reduction it provides to the Denver Metro Area and includes a time and effort cost to the motorist that is not factored into the program's cost. He stated that CDPHE believes there are more effective programs available to meet Colorado's air quality and public health protection needs. Mr. Lempke distributed and discussed the Inspections and Maintenance Program (I/M) Repeal/Revision Timeline (Attachment C).



02:43 PM

Stan Dempsey, representing the Colorado Petroleum Association (CPA), stated that the CPA is neutral in regard to the bill. Mr. Dempsey commended Representative Stengel for initiating legislation that will bring flexibility to the emissions program. He stated that each individual driver should do their part in ensuring that their vehicle is as clean as possible.

02:52 PM

Jim Brandon, representing Envirotest, answered questions for the committee.

03:16 PM

Representative Larson moved amendment L.002.
BILL:HB06-1302
TIME: 03:16:31 PM
MOVED:Larson
MOTION:Moved amendment L.002. An amendment to L.002 was referred and passed, see following vote sheet. Amendment L.002, as amended, passed without objection.
SECONDED:Knoedler
VOTE
Borodkin
Green
Hefley
Knoedler
Larson
Lindstrom
Ragsdale
Sullivan
Excused
Welker
McFadyen
Pommer
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB06-1302
TIME: 03:19:05 PM
MOVED:Welker
MOTION:Move to amend L.002, Page 2, line 1, strike "December 31, 2006" and substitute "August 31, 2007". Page 4, line 23, strike "July", and substitute "February 28"; line 24, strike "2006", and substitute "2007". The motion passed without objection.
SECONDED:Knoedler
VOTE
Borodkin
Green
Hefley
Knoedler
Larson
Lindstrom
Ragsdale
Sullivan
Excused
Welker
McFadyen
Pommer
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB06-1302
TIME: 03:18:39 PM
MOVED:Larson
MOTION:Moved amendment L.003. The motion passed without objection.
SECONDED:Knoedler
VOTE
Borodkin
Green
Hefley
Knoedler
Larson
Lindstrom
Ragsdale
Sullivan
Excused
Welker
McFadyen
Pommer
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB06-1302
TIME: 03:27:18 PM
MOVED:Larson
MOTION:Moved to refer House Bill 06-1302, as amended, to the Committee on Appropriations. The motion passed 8-2.
SECONDED:Knoedler
VOTE
Borodkin
Yes
Green
Yes
Hefley
Yes
Knoedler
Yes
Larson
Yes
Lindstrom
Yes
Ragsdale
Yes
Sullivan
Excused
Welker
Yes
McFadyen
No
Pommer
No
Final YES: 8 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:31 PM -- Senate Bill 06-029

Representative Garcia, prime sponsor, presented Senate Bill 06-029 which requires the seller of a motor vehicle, in a private sale, to disclose to the buyer whether the motor vehicle has a certification of emissions control. The bill allows the buyer of the motor vehicle to return the vehicle to the seller if the vehicle fails an emission inspection within 3 working days after it is sold, if the vehicle is required to have an emissions inspection to be registered, and if the seller failed to disclose whether the vehicle has a certification of emissions control. If the vehicle is returned, the seller is required to repair the vehicle until it passes the emissions test, pay the buyer to obtain repairs from a third party, or repurchase the vehicle at the same price. The bill exempts motor vehicles sold by a motor vehicle dealer and individual if the buyer or the seller does not reside within the basic or enhanced emissions program areas, or, if the vehicle is not intended to be registered when sold.


There was no public testimony.
BILL:SB06-029
TIME: 03:40:45 PM
MOVED:Pommer
MOTION:Amend page 2, line 8, before "the purchaser", insert "if the seller says the vehicle has a certification of emissions control". After discussion about the amendment, Representative Pommer withdrew the amendment.
SECONDED:Lindstrom
VOTE
Borodkin
Green
Hefley
Knoedler
Larson
Lindstrom
Ragsdale
Sullivan
Excused
Welker
McFadyen
Pommer
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION:Withdrawn

03:42 PM

Chairman Pommer called a recess.
BILL:SB06-029
TIME: 03:46:31 PM
MOVED:McFadyen
MOTION:Moved to refer Senate Bill 06-029 to the Committee of the Whole. A substitute motion was offered and passed, see the following vote sheet.
SECONDED:
VOTE
Borodkin
Green
Hefley
Knoedler
Larson
Lindstrom
Ragsdale
Sullivan
Excused
Welker
McFadyen
Pommer
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION:
BILL:SB06-029
TIME: 03:47:22 PM
MOVED:Knoedler
MOTION:Moved a substitute amendment to Postpone Indefinitely Senate Bill 06-029. The substitute motion passed 5-4.
SECONDED:Ragsdale
VOTE
Borodkin
Yes
Green
Excused
Hefley
Yes
Knoedler
Yes
Larson
No
Lindstrom
No
Ragsdale
Yes
Sullivan
Excused
Welker
Yes
McFadyen
No
Pommer
No
Final YES: 5 NO: 4 EXC: 2 ABS: 0 FINAL ACTION: PASS

03:48 PM

Chairman Pommer called a recess.

03:51 PM -- Senate Bill 06-015

Representative Coleman, prime sponsor, presented Senate Bill 06-015 which modifies the definition of "state-owned motor vehicle" to clarify the types of motor vehicles that are included in the centralized fleet of state vehicles. The bill specifies that any vehicle that weighs more than one ton and that is owned, operated, or controlled by the Department of Transportation shall not be included in the definition of "state-owned motor vehicle." Representative Coleman distributed a handout on Senate Bill 06-015 (Attachment D).

03:55 PM

Art Hale, Fleet Manager for the Colorado Department of Personnel and Administration's Division of Central Services, answered questions for the committee. Mr. Hale stated that the bill is needed because there is a lot of equipment in the state fleet that the state is not aware of and this legislation will help the state to improve its management of state owned vehicles.



04:05 PM

Heather Sanchez, representing the Office of the State Auditor, came to answer questions for the committee about the audit. There were no questions for Ms. Sanchez.
BILL:SB06-015
TIME: 04:06:18 PM
MOVED:Ragsdale
MOTION:Moved to refer Senate Bill 06-015 to the Committee on Appropriations. The motion passed 10-0.
SECONDED:McFadyen
VOTE
Borodkin
Yes
Green
Yes
Hefley
Yes
Knoedler
Yes
Larson
Yes
Lindstrom
Yes
Ragsdale
Yes
Sullivan
Excused
Welker
Yes
McFadyen
Yes
Pommer
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

04:07 PM

The committee adjourned.