Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON TRANSPORTATION & ENERGY

Date:02/08/2006
ATTENDANCE
Time:01:46 PM to 06:07 PM
Borodkin
*
Green
X
Place:HCR 0112
Hefley
X
Knoedler
*
This Meeting was called to order by
Larson
X
Representative Pommer
Lindstrom
X
Ragsdale
X
This Report was prepared by
Sullivan
*
Jamila Rockette
Welker
*
McFadyen
X
Pommer
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB06-1162
HB06-1116
HB06-1107
HB06-1108
HB06-1185		Referred to the Committee of the Whole
Postponed Indefinitely
Amended, Referred to the Committee of the Whole
Referred to the Committee of the Whole
Amended, Referred to Appropriations

01:47 PM -- House Bill 06-1162

Representative May, prime sponsor, presented House Bill 06-1162 which increases the age at which minor drivers are subject to specific restrictions from under 17 years of age to under 18 years of age. The bill also enhances the penalty for minor drivers under 18 years of age who violate restraining devices and seatbelt traffic laws.
BILL:HB06-1162
TIME: 01:49:50 PM
MOVED:Larson
MOTION:Moved to refer House Bill 06-1162 to the Committee of the Whole. The motion passed 7-1.
SECONDED:Sullivan
VOTE
Borodkin
Excused
Green
Yes
Hefley
Yes
Knoedler
Excused
Larson
Yes
Lindstrom
Yes
Ragsdale
No
Sullivan
Yes
Welker
Excused
McFadyen
Yes
Pommer
Yes
Final YES: 7 NO: 1 EXC: 3 ABS: 0 FINAL ACTION: PASS


01:52 PM -- House Bill 06-1116

Representative Green, prime sponsor, presented House Bill 06-1116 which prohibits actions to divert traffic onto toll roads from roads for which a toll is not charged.

01:54 PM

Herman Stockinger, legislative liaison for the Colorado Department of Transportation (CDOT), spoke in opposition to the bill. Mr. Stockinger explained the Colorado Tolling Enterprise's (CTE) policy and process for planning and creating toll roads. Mr. Stockinger stated that the language in House Bill 06-1116 is too broad, that the bill would make it difficult for the CTE to sell bonds, and that CDOT does not have a policy of intentionally creating situations to divert traffic to toll roads.

02:02 PM

JJ Ament, representing Citigroup, spoke in opposition to the bill. Mr. Ament stated that the language in the legislation is too broad. Responding to questions from members, Mr. Ament did not know if other states have noncompete agreements between public highways and toll roads.

2:11 PM

Tom Atkins, representing the nonprofit group Citizens Involved in the Northwest Quadrant (CINQ), spoke in support of the bill. Mr. Atkins stated that the purpose of noncompete agreements is for the benefit of bondholders and bond sellers and to force highway users to use toll roads. Members asked Mr. Atkins for copies of the noncompete agreements he referenced in his testimony. Copies were disseminated to members of the committee later in the hearing. A copy is available on file at the Legislative Council and the State Archives.

02:23 PM

Richard Sugg, resident of Golden and representing himself, spoke in support of the bill. Mr. Sugg discussed the Northwest Corridor Environmental Impact Statement Study. Mr. Sugg stated that CDOT intentionally does not improve highways that are competitive with toll roads.

02:35 PM

Ms. Lisa Fenner, representing RBC Capital Markets, spoke in opposition to the bill. Ms. Fenner stated that there are other states, such as Texas, California, and Florida, that have noncompete agreements between public highways and toll roads. Responding to questions from members, Ms. Fenner explained how noncompete agreements work in other states.

02:43 PM

Jim Smith, a resident of Golden and representing himself, spoke in support of the bill. Mr. Smith stated that CDOT already has "de facto" noncompete agreements in place.



02:54 PM

Mike Johnson, of the law firm Kutak Rock, LLP and bond council for CDOT and the CTE, spoke in opposition to the bill. Mr. Johnson stated that there are many actions that CDOT can take that can be construed as taking action to divert traffic to a toll road. Mr. Johnson stated that it would be difficult to objectively determine CDOT's intent in a court of law. Mr. Johnson believes the legislation is too broad and ambiguous and could face the possibility of litigation in court.

03:06 PM

Robin Wiesner, resident of Superior and representing herself, spoke in support of the bill. Ms. Wiesner discussed her experience driving on I-70 and using the E-470 toll road. Ms. Wiesner talked about the class discrepancies between those who can afford to use toll roads, which she stated are relatively free of traffic, and those who use public highways, which she described as congested and gridlocked during rush hours.

03:15 PM

James Sheridan, a resident of Golden and representing himself, spoke in support of the bill. Mr. Sheridan compared toll roads in the northeast part of the country to toll roads in Colorado. Mr. Sheridan stated that residents of Colorado will do anything to avoid toll roads. He further stated that if toll roads did not exist local and state government would be more apt to fund and maintain existing public highways.

03:23 PM

Wendy Norris, resident of Fort Collins and representing herself, spoke in support of the bill. Ms. Norris stated that noncompete agreements discourage competition.

03:30 PM

Tom Hoffman, resident of Golden and representing the group Friends of the Foothills, spoke in support of the bill. Mr. Hoffman stated he opposes noncompete agreements and believes the bill protects public interests rather than private interests.

03:34 PM

Rob Medina, business owner representing himself, spoke in support of the bill. Mr. Medina stated he supports economic development and public-private partnerships, but believes that noncompete agreements are a subsidy for private investors because the agreements intentionally create congestion and force highway users to use toll roads.

03:38 PM

Edie Bryan, representing herself, spoke in support of the bill. Ms. Bryan stated that noncompete agreements create false competition.



03:40 PM

Sharon Friedman, resident of Golden representing herself, spoke in support of the bill. Ms. Friedman discussed public service and stated that placing the interests of bondholders in conflict with the interests of the public makes it hard for public servants to do their jobs.
BILL:HB06-1116
TIME: 03:43:57 PM
MOVED:Green
MOTION:Moved amendment L.002 (Attachment A). After the committee discussion about amendment, Representative Green withdrew amendment L.002. The committee did not take action on the amendment.
SECONDED:
VOTE
Borodkin
Green
Hefley
Knoedler
Larson
Lindstrom
Ragsdale
Sullivan
Welker
McFadyen
Pommer
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: WITHDREW
BILL:HB06-1116
TIME: 03:55:43 PM
MOVED:Green
MOTION:Moved amendment L.001 (Attachment B). The motion passed 6-5.
SECONDED:McFadyen
VOTE
Borodkin
Yes
Green
Yes
Hefley
Yes
Knoedler
No
Larson
No
Lindstrom
Yes
Ragsdale
No
Sullivan
No
Welker
No
McFadyen
Yes
Pommer
Yes
Not Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS



03:58 PM

Representative Green gave her closing statements.
BILL:HB06-1116
TIME: 03:58:23 PM
MOVED:Green
MOTION:Moved to refer House Bill 06-1116, as amended, to the Committee of the Whole. The motion failed 4-7.
SECONDED:McFadyen
VOTE
Borodkin
Yes
Green
Yes
Hefley
No
Knoedler
No
Larson
No
Lindstrom
No
Ragsdale
No
Sullivan
No
Welker
No
McFadyen
Yes
Pommer
Yes
Not Final YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL
BILL:HB06-1116
TIME: 04:09:21 PM
MOVED:Larson
MOTION:Moved to Postpone Indefinitely House Bill 06-1116. The motion passed 7-4.
SECONDED:Sullivan
VOTE
Borodkin
No
Green
No
Hefley
Yes
Knoedler
Yes
Larson
Yes
Lindstrom
Yes
Ragsdale
Yes
Sullivan
Yes
Welker
Yes
McFadyen
No
Pommer
No
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:10 PM

Chairman Pommer called a five minute recess.



04:20 PM

The committee reconvened.

04:20 PM -- House Bill 06-1107

Representative Benefield, prime sponsor, presented House Bill 06-1107 which concerns certain requirements pertaining to the issuance of instruction permits to minors.
BILL:HB06-1107
TIME: 04:23:43 PM
MOVED:Larson
MOTION:Moved amendment L.001 (Attachment C). The motion passed without objection.
SECONDED:Lindstrom
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:HB06-1107
TIME: 04:25:40 PM
MOVED:Larson
MOTION:Move to refer House Bill 06-1107, as amended, to the Committee of the Whole. The motion passed 7-2.
SECONDED:Lindstrom
VOTE
Borodkin
Yes
Green
Excused
Hefley
No
Knoedler
Yes
Larson
Yes
Lindstrom
Yes
Ragsdale
No
Sullivan
Yes
Welker
Yes
McFadyen
Excused
Pommer
Yes
Final YES: 7 NO: 2 EXC: 2 ABS: 0 FINAL ACTION: PASS




04:29 PM -- House Bill 06-1108

Representative Benefield, prime sponsor, presented House Bill 06-1108 which requires rather than permits a court to order a minor under 18 years of age who is convicted of a traffic violation other than a traffic infraction to attend a driver improvement school. Specifies that the driver improvement school must be approved by the court and the Department of Revenue.

04:38 PM

Don Moseman, representing the Colorado State Patrol, spoke in support of the bill. Mr. Moseman answered questions from the committee and described the Alive at 25 Program, which teaches participants the fundamentals of safe driving.

04:55 PM

Rich Seymore, a father of teen drivers with a background in insurance and representing himself, spoke in support of the bill. Mr. Seymore stated that the bill provides an avenue for additional experiences and learning for teen drivers.
BILL:HB06-1108
TIME: 04:57:52 PM
MOVED:Larson
MOTION:Moved to refer House Bill 06-1108 to the Committee of the Whole. The motion passed 7-4.
SECONDED:Green
VOTE
Borodkin
Yes
Green
Yes
Hefley
No
Knoedler
No
Larson
Yes
Lindstrom
Yes
Ragsdale
No
Sullivan
Yes
Welker
No
McFadyen
Yes
Pommer
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:03 PM -- House Bill 06-1185

Representative Curry, prime sponsor, discussed House Bill 06-1185 which was first heard by the committee January 25, 2006 and again on January 26, 2006. The bill seeks to promote oil and gas development consistent with the protection of the interests of surface landowners. She discussed amendment L.013 which is a strike-below amendment representing the compromise that had been rendered by the various parties (Attachment D).

05:03 PM

Jeff Kirkendall, Vice President of Government Affairs for the Colorado Association of Realtors, spoke in support of the bill. Mr. Kirkendall stated that the bill allows both surface landowners and oil and gas operators to work together to craft reasonable agreements.



05:09 PM

Brian Macke, Director of the Colorado Oil and Gas Commission in the Department of Natural Resources, answered questions for the committee. Mr. Macke discussed reclamation bonds versus bonds for land damage and the on-site damage inspection policy and process.

05:27 PM

Representative Larson moved, seconded by Representative Hefley, amendment L.013 (Attachment D). Representative Curry outlined amendment L.013 which is a strike-below amendment that re-writes the bill.

05:44 PM
Representative Larson asked whether the language in the amendment stating that the Oil and Gas Commission had to make a "reasonable effort" to contact surface landowners to release the financial assurance was strong enough.

05:46 PM
Jack Rigg, representing BP explained subparagraphs V and VI on pages 4 and 5 of amendment L.013, which pertains to the release of the financial assurance bond. Mr. Rigg stated that much of the language regarding the release of the financial assurance was taken from the state of Wyoming's statues.

05:49 PM

The committee discussed that there were three amendments seeking to amend amendment L.013. Representative Pommer stated that those amendments would go first and then the committee would act on L.013.

05:53 PM

Representative Larson offered and discussed amendment L.016 (Attachment G).
BILL:HB06-1185
TIME: 05:53:34 PM
MOVED:Larson
MOTION:Moved amendment L.016 (Attachment G). The motion passed without objection.
SECONDED:McFadyen
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



05:56 PM

Representative Pommer offered amendment L.017 (Attachment F) which amends L.013. He severed the amendment between lines 6 and 7 stating that lines 7-9 were moot due to the passage of amendment L.016.
BILL:HB06-1185
TIME: 05:57:27 PM
MOVED:Pommer
MOTION:Moved lines 1 through 6 of amendment L.017 (Attachment F). The motion passed without objection.
SECONDED:McFadyen
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

05:59 PM

Representative Pommer moved amendment L.019 (Attachment E).
BILL:HB06-1185
TIME: 06:00:33 PM
MOVED:Pommer
MOTION:Moved amendment L.019 (Attachment E). The motion passed without objection.
SECONDED:McFadyen
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



06:01 PM

Representative Larson moved amendment L.013 (Attachment D).
BILL:HB06-1185
TIME: 06:01:13 PM
MOVED:Larson
MOTION:The motion before the committee was the adoption of amendment L.013, as amended by amendment L.016, L.017, and L.019. Amendment L.013, as amended, was adopted without objection (Attachment D).
SECONDED:Hefley
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:HB06-1185
TIME: 06:02:38 PM
MOVED:McFadyen
MOTION:Moved to refer House Bill 06-1185, as amended, to the Committee on Appropriations. The motion passed 11-0.
SECONDED:Larson
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



06:07 PM

The committee adjourned.