House Committee on Transportation (02/15/2012)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON TRANSPORTATION

Date:	02/15/2012	ATTENDANCE

Time:	01:35 PM to 06:11 PM	(None)	X
		Barker	X
Place:	HCR 0107	Brown	X
		Fischer	X
This Meeting was called to order by		Hamner	X
	Representative Vaad	Jones	X
		Priola	X
This Report was prepared by		Ramirez	X
	Kelli Kelty	Scott	*
		Tyler	X
		Williams A.	X
		Young	X
		Looper	X
		Vaad	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB12-1051 HB12-1106 HB12-1102 HB12-1121		Postponed Indefinitely Postponed Indefinitely Postponed Indefinitely Amended, Referred to the Committee of the Whole

01:35 PM -- House Bill 12-1051

Representative Vaad, chair, called the meeting to order. A quorum was present. Representative Scott, prime sponsor, presented House Bill 12-1051. The bill alters the definition of a salvage vehicle for the purposes of a title transfer. Broadly, a salvage vehicle is one which has been damaged beyond repair. Under current law, a salvage vehicle must be six years or older at the time of damage. This bill eliminates this requirement. Witness testimony was heard at an earlier meeting.


BILL:	HB12-1051
TIME:	01:36:14 PM
MOVED:	Scott
MOTION:	Moved to adopt prepared amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:	Brown
		VOTE
	(None)
	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

01:38 PM

Representative Scott presented closing comments on the bill.

01:41 PM

The committee took a brief recess.

01:42 PM

The committee came back to order.


BILL:	HB12-1051
TIME:	01:42:21 PM
MOVED:	Scott
MOTION:	Moved to refer House Bill 12-1051, as amended, to the Committee of the Whole. The motion failed on a vote of 6-7.
SECONDED:	Brown
		VOTE
	(None)
	Barker	Yes
	Brown	Yes
	Fischer	No
	Hamner	No
	Jones	No
	Priola	Yes
	Ramirez	No
	Scott	Yes
	Tyler	No
	Williams A.	No
	Young	Yes
	Looper	No
	Vaad	Yes

YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB12-1051
TIME:	01:43:46 PM
MOVED:	Looper
MOTION:	Moved to postpone House Bill 12-1051 indefinitely. The motion passed on a vote of 7-6.
SECONDED:	Fischer
		VOTE
	(None)
	Barker	No
	Brown	No
	Fischer	Yes
	Hamner	Yes
	Jones	Yes
	Priola	No
	Ramirez	No
	Scott	No
	Tyler	Yes
	Williams A.	Yes
	Young	Yes
	Looper	Yes
	Vaad	No

YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:44 PM -- House Bill 12-1106

Representative Peniston, prime sponsor, presented House Bill 12-1106. The bill requires the Department of Revenue (DOR) to semi-annually inform courts of driver improvement school evaluations, as well as whether the school is in compliance with the fee remittance system. The driver improvement program allows courts to refer drivers to schools to improve their driving skills. Under current law, evaluations are submitted to courts annually, and information regarding the fee remittance system is not included. This bill also requires the DOR to inform the schools when they are not in compliance with the statutory fee structure. If the school is not in compliance, it is provided 30 days to correct any problem. If the school still fails to comply, the court will be notified. If a school refuses to allow an evaluation, then courts will also be notified and this information will be posted on the DOR website. Finally, under this bill, the DOR will notify schools of an unsatisfactory performance evaluation. The schools will be given 90 days to correct problems from that evaluation, which will be reflected in the next DOR notification to the courts. Representative Peniston discussed the provisions of the bill. Representative Looper commented on the bill and her concerns about the purpose of the program. Representative Williams asked about noncompliance in the state.

The following people testified on the bill:

01:53 PM -- Mr. Mark Whitney, representing the National Corrective Training Institute (NCTI) of Colorado, testified in opposition to the bill. Mr. Whitney gave a brief overview of NCTI and said that the organization currently services 150 court rooms in the state. Mr. Whitney responded to questions from the committee. Discussion ensued concerning the purpose of the bill and collection of the fee under the bill.

02:03 PM

Representative Young inquired about how schools evaluate the quality of instruction. Mr. Whitney commented on NCTI's evaluation process and participant feedback.

02:05 PM

Representative Looper commented on the bill and explained that she will be requesting an audit of the program. She asked about the cost of the program.

02:07 PM

Representative Hamner asked for more information about the program. Representative Ramirez commented on driver improvement programs. Representative Young asked for more clarification on NCTI's program.

02:11 PM -- Ms. Joi Simpson and Mr. Mark Couch, both representing the DOR, came to the table to respond to questions from the committee. Mr. Couch indicated that the department is in support of the bill. Ms. Simpson gave a brief overview of DOR's program. Ms. Simpson said that the bill will help the DOR inform the public and the courts about those schools that are in compliance with statute and gives the department direction on how to handle schools that are in noncompliance. Ms. Simpson responded to questions from the committee.

02:19 PM -- Ms. Annemarie Jensen, representing CDL College, testified in support of the bill. Ms. Jensen gave a brief history of driver improvement programs in the state. Ms. Jensen responded to questions from the committee.

02:31 PM -- Mr. Jim Pointer, representing the CDL College, testified in support of the bill. Mr. Pointer gave a brief overview of CDL College and commented on the evaluation of driver improvement programs. Mr. Pointer responded to questions from the committee.

02:41 PM

The committee took a brief recess.

02:42 PM

The committee came back to order. Representative Peniston presented closing comments on the bill.

02:45 PM

The committee took a brief recess.

02:55 PM

The committee came back to order.


BILL:	HB12-1106
TIME:	02:56:33 PM
MOVED:	Tyler
MOTION:	Moved to refer House Bill 12-1106 to the Committee of the Whole with a favorable recommendation. The motion failed on a vote of 6-7.
SECONDED:	Hamner
		VOTE
	(None)
	Barker	No
	Brown	No
	Fischer	Yes
	Hamner	Yes
	Jones	Yes
	Priola	No
	Ramirez	No
	Scott	No
	Tyler	Yes
	Williams A.	Yes
	Young	Yes
	Looper	No
	Vaad	No

YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB12-1106
TIME:	02:59:13 PM
MOVED:	Looper
MOTION:	Moved to postpone House Bill 12-1106 indefinitely. The motion passed on a vote of 7-6.
SECONDED:	Ramirez
		VOTE
	(None)
	Barker	Yes
	Brown	Yes
	Fischer	No
	Hamner	No
	Jones	No
	Priola	Yes
	Ramirez	Yes
	Scott	Yes
	Tyler	No
	Williams A.	No
	Young	No
	Looper	Yes
	Vaad	Yes

YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:00 PM -- House Bill 12-1102

03:01 PM

The committee took a brief recess.

03:06 PM

The committee came back to order. Representative Swalm, prime sponsor, presented House Bill 12-1102. The Clean Air - Clean Jobs Act (CACJ), passed during the 2010 session, directed regulated utilities to create plans for reducing emissions from coal-fired power plants, and specified the extent to which the costs associated with plan implementation are recoverable. For 2013 through 2023, this bill directs the Public Utilities Commission (PUC) to establish a maximum retail rate impact of one percent of the base rate for each individual customer. Representative Swalm discussed the provisions of the bill and distributed a handout to the committee (Attachment B). Representative Swalm responded to questions from the committee.

The following people testified on the bill:

03:17 PM -- Ms. Martha Rudolph, representing the Colorado Department of Public Health and Environment (CDPHE), testified in opposition to the bill. Ms. Rudolph discussed the CACJ Act and expressed CDPHE's opposition to the bill. Ms. Rudolph responded to questions from the committee concerning the importance of, and costs associated with, clean air. Discussion ensued between Representative Looper and Ms. Rudolph concerning ozone regulations. Representative Tyler asked about mercury and regional haze.

03:32 PM -- Ms. Robin Kittel, representing Xcel Energy, testified in opposition to the bill . A handout was distributed to the committee concerning the comparison of price projections for the CACJ project (Attachment C). Ms. Kittel responded to questions from the committee concerning the CACJ and its economic impact.

03:50 PM -- Mr. Peter Minahan, representing Black Hills Energy, testified in opposition to the bill. Mr. Minahan responded to questions from the committee.

03:57 PM -- Ms. Polly Page, representing the Colorado Consumer Coalition, testified in support of the bill. Ms. Page expressed the Colorado Consumer Coalition's support of the bill and commented on the bill's fiscal note. Ms. Page responded to questions from the committee concerning rate increases.

04:07 PM -- Mr. Richard Corbetta, representing Climax Molybdenum, testified in support of the bill. Mr. Corbetta briefly discussed environmental regulations and the state implementation plan (SIP) and cost recovery. Mr. Corbetta addressed the regulatory theory behind the cost cap issue. Mr. Corbetta answered questions from the committee concerning the Xcel Energy percentage rate increase.

04:20 PM -- Ms. Amy Oliver Cooke, representing the Independence Institute, testified in support of the bill.

04:29 PM -- Mr. Harvey Cutler, representing the Colorado Consumer Coalition, testified on the bill. Mr. Cutler discussed electricity price increases. Mr. Cutler responded to questions from the committee concerning electricity price increases.

04:38 PM -- Mr. Gene Camp, representing the PUC, came to the table to respond to questions from the committee concerning price increases over 10 years for the cost of implementation of the CACJ Act. Committee discussion ensued concerning price increases and baserates.

04:53 PM

Representative Swalm noted that he does not have any amendments to the bill and presented closing comments on the bill. Representative Priola commented on the bill.


BILL:	HB12-1102
TIME:	05:00:05 PM
MOVED:	Looper
MOTION:	Moved to refer House Bill 12-1102 to the Committee on Finance with a favorable recommendation. The motion failed on a vote of 4-9.
SECONDED:	Ramirez
		VOTE
	(None)
	Barker	Yes
	Brown	No
	Fischer	No
	Hamner	No
	Jones	No
	Priola	No
	Ramirez	Yes
	Scott	No
	Tyler	No
	Williams A.	No
	Young	No
	Looper	Yes
	Vaad	Yes

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


BILL:	HB12-1102
TIME:	05:10:16 PM
MOVED:	Ramirez
MOTION:	Moved to postpone House Bill 12-1102 indefinitely. The motion passed on a vote of 9-4.
SECONDED:	Tyler
		VOTE
	(None)
	Barker	No
	Brown	Yes
	Fischer	Yes
	Hamner	Yes
	Jones	Yes
	Priola	Yes
	Ramirez	No
	Scott	Yes
	Tyler	Yes
	Williams A.	Yes
	Young	Yes
	Looper	No
	Vaad	No

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

05:11 PM -- House Bill 12-1121

The committee took a brief recess.

05:26 PM

The committee came back to order. Representative Scott, prime sponsor, presented House Bill 12-1121. This bill specifies basic principles for investor-owned utilities (IOUs) to follow when seeking approval of rate increases, and for the Public Utilities Commission (PUC) in assessing those requests. These principles include ensuring that consumer interests are among the IOUs highest priorities, and requiring IOUs to share rate increase information with the public in a transparent and understandable form. In addition the bill prohibits IOUs from charging ratepayers for costs associated with:

• research and development;
• compliance with proposed environmental regulations that have not yet been enacted by the federal government; and
• legal fees and other costs incurred when seeking rate increases.

Finally, the bill directs the PUC to require the provision of utility service at the least cost consistent with providing reliable service for all customer classes. Representative Scott discussed the provisions of the bill.

The following people testified on the bill:

05:28 PM -- Mr. Richard Mignogna, representing himself, testified in support of the bill. Mr. Mignogna distributed handouts to the committee (Attachments D and E).

05:39 PM -- Ms. Polly Page, representing the Colorado Consumer Coalition, testified in support of the bill. Ms. Page responded to questions from the committee.

05:47 PM -- Ms. Amy Oliver Cooke, representing the Independence Institute, testified in support of the bill. Ms. Cooke responded to questions from the committee.

05:55 PM

Representative Scott read a letter by Catherine Benavidez, who was not able to attend the meeting.


BILL:	HB12-1121
TIME:	06:00:19 PM
MOVED:	Scott
MOTION:	Moved to adopt prepared amendment L.004 (Attachment F). The motion failed due to the passage of a substitute motion.
SECONDED:	Brown
		VOTE
	(None)
	Barker
	Brown
	Fischer
	Hamner
	Jones
	Priola
	Ramirez
	Scott
	Tyler
	Williams A.
	Young
	Looper
	Vaad

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

6:03 PM

Representative Hamner asked if the amendment falls under the title of the bill. Representative Vaad determined that the proposed amendment does fall under the title of the bill. The committee discussed undue burden. Members of the committee commented on the proposed amendment.


BILL:	HB12-1121
TIME:	06:06:26 PM
MOVED:	Priola
MOTION:	Moved a substitute motion, prepared amendment L.002 (Attachment G). The motion passed without objection.
SECONDED:	Brown
		VOTE
	(None)
	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

06:07 PM

Representative Scott commented on renewable rates.


BILL:	HB12-1121
TIME:	06:08:41 PM
MOVED:	Scott
MOTION:	Moved to refer House Bill 12-1121, as amended, to the Committee of the Whole. The motion passed on a vote of 10-3.
SECONDED:	Ramirez
		VOTE
	(None)
	Barker	Yes
	Brown	Yes
	Fischer	No
	Hamner	No
	Jones	Yes
	Priola	Yes
	Ramirez	Yes
	Scott	Yes
	Tyler	No
	Williams A.	Yes
	Young	Yes
	Looper	Yes
	Vaad	Yes

YES: 10 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

06:11 PM

The committee adjourned.