House Committee on Transportation (03/15/2012)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON TRANSPORTATION

Date:	03/15/2012	ATTENDANCE

Time:	10:23 AM to 01:01 PM	Barker	X
		Brown	X
Place:	HCR 0107	Fischer	X
		Hamner	X
This Meeting was called to order by		Jones	X
	Representative Vaad	Priola	X
		Ramirez	X
This Report was prepared by		Scott	X
	Kelli Kelty	Tyler	X
		Williams A.	*
		Young	X
		Looper	X
		Vaad	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB12-092 SB12-012 SB12-034 HB12-1258		Referred to the Committee of the Whole Referred to Finance Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole

10:24 AM -- Senate Bill 12-092

Representative Vaad, chair, called the meeting to order. A quorum was present. Representative Liston, prime sponsor, presented Senate Bill 12-092. The bill allows video displays in any location of a moving motor vehicle, so long as the display is not visible to the driver. Under current law, video screens are prohibited at any point forward of the back of the drivers' seat. Witness testimony was heard at a previous committee meeting. Representative Liston presented closing comments on the bill.


BILL:	SB12-092
TIME:	10:26:18 AM
MOVED:	Looper
MOTION:	Moved to refer Senate Bill 12-092 to the Committee of the Whole with a favorable recommendation . The motion passed on a vote of 12-1.
SECONDED:	Ramirez
		VOTE
	Barker	Yes
	Brown	Yes
	Fischer	Yes
	Hamner	Yes
	Jones	No
	Priola	Yes
	Ramirez	Yes
	Scott	Yes
	Tyler	Yes
	Williams A.	Yes
	Young	Yes
	Looper	Yes
	Vaad	Yes

YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

10:27 AM -- Senate Bill 12-012

Representative Miklosi, prime sponsor, presented Senate Bill 12-012. The bill, as recommended by the Legislative Audit Committee, changes the frequency of performance and equipment audits of auto emission testing facilities. Among other things, it decreases the frequency of overt performance audits and increases the frequency of covert performance audits. It also allows the Department of Revenue (DOR) to conduct additional audits under other conditions. Representative Miklosi discussed the provisions of the bill and distributed a handout (Attachment A). Representative Looper asked for information concerning covert performance audits. Representative Miklosi responded that a covert performance audit is an unannounced testing whereas an overt performance audit is scheduled and timely. Representative Brown asked about covert performance audits. Representative Miklosi said that a statutory change is necessary to allow for covert performance audits. Representative Vaad asked for information about discussion on the Senate floor on the bill. Representative Brown commented on the language of the bill.

10:35 AM -- Mr. Eric Johnson, representing the Office of the State Auditor, came to the table to respond to questions from the committee concerning language in the bill. Representative Looper asked what the decrease in overt performance audits will be as a result of the bill. Mr. Johnson said that state law requires that DOR conduct performance audits and equipment audits four times per year, while the Environmental Protection Agency (EPA) requires these audits to be conducted twice per year. Discussion ensued concerning the audit report. Mr. Johnson discussed recommendations from the audit report. Representative Brown asked if the EPA requires covert performance audits. Mr. Johnson responded yes. Representative Looper asked if there are violations that are currently occurring based on existing covert audits that would justify the increase of covert audits under this bill. Mr. Johnson said that the DOR would be better suited to respond to that question. Representative Tyler asked for more information concerning testing facilities in the state. Representative Miklosi commented on the audit report concerning covert performance audits.

10:44 AM

Representative Brown asked for more information concerning the EPA audit requirements. Mr. Johnson discussed performance audits and equipment audits conducted by the EPA.

10:46 AM

Representative Looper asked about violations that are found in a performance audit and associated fines.

10:47 AM -- Mr. Rick Kiger, representing the DOR, came to the table to respond to questions from the committee. Mr. Kiger commented on fines required when violations are found in an audit. Mr. Kiger acknowledged the importance and relevance of covert performance audits.

10:51 AM

Representative Brown asked how the state compares to the EPA regulations. Mr. Kiger responded that the state will mirror the EPA regulations under the bill.

10:52 AM -- Mr. Kiger, representing the DOR, came back to the table to express his support for the bill. Representative Young asked if Mr. Kiger concurs with the data in the fiscal note. Mr. Kiger said that the department concurs with the fiscal note.


BILL:	SB12-012
TIME:	10:54:58 AM
MOVED:	Looper
MOTION:	Moved to strike lines 16-21, page 1, and lines 1-11, page 2 of the bill. The motion was withdrawn before a vote was taken. The motion passed without objection.
SECONDED:	Priola
		VOTE
	Barker
	Brown
	Fischer
	Hamner
	Jones
	Priola
	Ramirez
	Scott
	Tyler
	Williams A.
	Young
	Looper
	Vaad

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:


BILL:	SB12-012
TIME:	11:04:23 AM
MOVED:	Fischer
MOTION:	Moved to refer Senate Bill 12-012 to the Committee on Finance with a favorable recommendation. The motion passed on a vote of 11-2.
SECONDED:	Williams A.
		VOTE
	Barker	Yes
	Brown	Yes
	Fischer	Yes
	Hamner	Yes
	Jones	Yes
	Priola	No
	Ramirez	Yes
	Scott	Yes
	Tyler	Yes
	Williams A.	Yes
	Young	Yes
	Looper	No
	Vaad	Yes

YES: 11 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

11:07 AM -- Senate Bill 12-034

Representative Miklosi, prime sponsor, presented Senate Bill 12-034. Recommended by the Legislative Audit Committee, the bill repeals the high-emitter Rapid Screen pilot program. The pilot program began in 2007 using emissions testing vans placed on highway ramps and other locations to remotely gather vehicle emissions data, and ended in 2010. This bill does not alter the current Rapid Screen program, which uses similar technology and equipment, but is not designed to identify high-emitter vehicles. Representative Miklosi discussed the provisions of the bill and distributed a handout (Attachment B). Representative Vaad asked about no votes in the Senate.

11:09 AM -- Mr. Jim Brandon, representing Environmental Systems Products (ESP), testified on the bill. Mr. Brandon responded to questions from the committee.

11:14 AM -- Mr. Doug Decker, representing the Colorado Department of Public Health and Environment (CDPHE), testified in support of the bill. Mr. Decker commented on the feasibility of a high-emitter screening program. Mr. Decker responded to questions from the committee.


BILL:	SB12-034
TIME:	11:23:37 AM
MOVED:	Fischer
MOTION:	Moved to refer Senate Bill 12-034 to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 13-0.
SECONDED:	Williams A.
		VOTE
	Barker	Yes
	Brown	Yes
	Fischer	Yes
	Hamner	Yes
	Jones	Yes
	Priola	Yes
	Ramirez	Yes
	Scott	Yes
	Tyler	Yes
	Williams A.	Yes
	Young	Yes
	Looper	Yes
	Vaad	Yes

Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

11:24 AM -- House Bill 12-1258

The committee took a brief recess.

11:29 AM

The committee came back to order. Representative DelGrosso, prime sponsor, presented House Bill 12-1258. The bill contains the following provisions regarding sellers of fuel for alternative fuel vehicles and the regulatory authority of the Colorado Public Utilities Commission (PUC):

• sellers of electricity or compressed natural gas for use as fuel in alternative fuel vehicles are not subject to the regulatory authority of the PUC or any other regulatory body; and
• generating electricity for sale as an alternative fuel does not subject the seller to PUC authority if the electricity is generated on the property which includes the fueling facilities and the electricity is generated from a renewable resource in accordance with existing distributed generation (DG) limitations.

In addition, the bill requires public utilities to make reasonable efforts to provide service connections to alternative fuel vehicle charging facilities. The bill also allows utilities to make recoverable operating and capital investments related to alternative fueling facilities, on both the utility and customer side, and authorizes the PUC to determine the appropriate rate of return. Representative DelGrosso discussed the provisions of the bill and proposed amendment L.003 (Attachment C).


BILL:	HB12-1258
TIME:	11:32:59 AM
MOVED:	Priola
MOTION:	Moved to adopt prepared amendment L.004. The motion was withdrawn before a vote was taken.
SECONDED:
		VOTE
	Barker
	Brown
	Fischer
	Hamner
	Jones
	Priola
	Ramirez
	Scott
	Tyler
	Williams A.
	Young
	Looper
	Vaad

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:

11:37 AM -- Mr. Chris Votoupal, representing the Clean Tech Industry Association, testified in support of the bill. Mr. Votoupal expressed his support for the bill.

11:39 AM -- Ms. Paula Connelley, representing Xcel Energy, testified in support of the bill. Ms. Connelley expressed her support for prepared amendment L.003. Representative Tyler commented on Xcel Energy. Representative Brown asked about the difference between prepared amendment L.003 and L.004 (Attachment D). Discussed ensued concerning the impact of the bill on utility companies.

11:50 AM -- Mr. Mark Detsky, representing the Colorado Independent Energy Association (CIEA), testified in support of the bill. Mr. Detsky gave a brief overview of CIEA's focus and his support for the bill and proposed amendment L.003. Representative Brown asked Mr. Detsky to comment on L.004. Mr. Detsky commented that he had not yet seen L.004.

11:55 AM -- Mr. David Altman, representing the Eaton Corporation, testified in support of the bill. Mr. Altman commented on the cost and installation of an electric charging station. Representative Fischer asked about residential electric charging stations.

12:00 PM -- Mr. Bob Yuhnke, representing the Southwest Energy Efficiency Project (SWEEP), testified in support of the bill. A handout was distributed to the committee (Attachment E). Mr. Yuhnke responded to questions from the committee.

12:10 PM -- Ms. Heidi Morgan, representing the Black Hills Corporation, testified in support of the bill. Ms. Morgan expressed Black Hill's support of prepared amendment L.003. Representative Brown asked if Black Hills supports prepared amendment L.004. Ms. Morgan explained why Black Hills does not support prepared amendment L.004.

12:11 PM -- Mr. Chris Sheridan, representing Duke's Garage, testified in support of the bill. Mr. Sheridan commented on the interest in electric vehicles by individuals and the impact that the bill will have on the electric vehicle industry. Representative Ramirez commented on Duke's Garage and the potential impact of the bill on the electric vehicle industry. Representative Brown asked for more information about how electric vehicles are charged. Representative Jones commented on Duke's Garage. Representative Fischer asked how long it takes to charge an electric vehicle. Mr. Sheridan responded that vehicles at Duke's Garage take approximately eight hours to charge. Representative Young asked about ways to charge electric vehicles faster.

12:18 PM -- Mr. Geoff Hier, representing the Colorado Rural Electric Association (CREA), testified in support of the bill. Mr. Hier commented on CREA's support for prepared amendment L.003.

12:19 PM -- Ms. Peg Ackerman, representing the Colorado Propane Gas Association, testified in support of the bill. Ms. Ackerman requested that the bill be amended to include propane gas in the appropriate places.

12:21 PM -- Mr. Jim Burness, representing Clear Energy, Inc., testified in support of the bill.

12:24 PM -- Mr. Grier Bailey, representing the Colorado Wyoming Petroleum Marketers Association (CWPMA), testified in support of the bill. Mr. Bailey commented on prepared amendment L.003 and expressed his support for prepared amendment L.004. Representative Priola commented on vertical integration.

12:30 PM -- Mr. James Orsulak, representing Clean Energy, testified on the bill. Mr. Osulak expressed his support for the bill and prepared amendment L.004. Representative DelGrosso dialogued with Mr. Orsulak concerning the current practice of electric charging stations and prepared amendment L.003. Representative Barker asked Mr. Orsulak if Clean Energy was involved in the drafting and discussion of the bill. Mr. Orsulak responded yes. Representative DelGrosso clarified the intention of the bill.

12:36 PM -- Mr. Gene Camp, representing the Public Utilities Commission (PUC), testified on the bill. Mr. Camp said that the PUC is neutral on the bill. Representative DelGrosso asked Mr. Camp about current practice for the use of regulated funds by companies. Representative Priola commented on his concern with prepared amendment L.003 and asked if prepared amendment L.004 will help to promote the use of electric vehicles.


BILL:	HB12-1258
TIME:	12:43:02 PM
MOVED:	Looper
MOTION:	Moved to adopt prepared amendment L.003. The motion passed on a vote of 13-0.
SECONDED:	Brown
		VOTE
	Barker	Yes
	Brown	Yes
	Fischer	Yes
	Hamner	Yes
	Jones	Yes
	Priola	Yes
	Ramirez	Yes
	Scott	Yes
	Tyler	Yes
	Williams A.	Yes
	Young	Yes
	Looper	Yes
	Vaad	Yes

YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB12-1258
TIME:	12:45:51 PM
MOVED:	Priola
MOTION:	Moved to adopt prepared amendment L.004 as a substitute motion. The motion failed on a vote of 4-9.
SECONDED:	Looper
		VOTE
	Barker	No
	Brown	Yes
	Fischer	No
	Hamner	No
	Jones	No
	Priola	Yes
	Ramirez	Yes
	Scott	No
	Tyler	No
	Williams A.	No
	Young	No
	Looper	Yes
	Vaad	No

YES: 4 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB12-1258
TIME:	12:56:38 PM
MOVED:	Scott
MOTION:	Moved to adopt prepared amendment L.005 (Attachment F). The motion passed without objection.
SECONDED:	Barker
		VOTE
	Barker
	Brown
	Fischer
	Hamner
	Jones
	Priola
	Ramirez
	Scott
	Tyler
	Williams A.
	Young
	Looper
	Vaad

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1258
TIME:	12:59:17 PM
MOVED:	Barker
MOTION:	Moved to refer House Bill 12-1258, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 12-1.
SECONDED:	Brown
		VOTE
	Barker	Yes
	Brown	Yes
	Fischer	Yes
	Hamner	Yes
	Jones	Yes
	Priola	Yes
	Ramirez	Yes
	Scott	Yes
	Tyler	Yes
	Williams A.	Yes
	Young	Yes
	Looper	No
	Vaad	Yes

YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:01 PM

The committee adjourned.