Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON TRANSPORTATION & ENERGY
Date:02/10/2005
ATTENDANCE
Time:09:54 AM to 11:44 AM
Borodkin
X
Cadman
X
Place:HCR 0112
Green
X
Hefley
X
This Meeting was called to order by
Knoedler
X
Representative Pommer
Larson
X
Lindstrom
X
This Report was prepared by
Ragsdale
X
Brad Denning
Welker
X
McFadyen
X
Pommer
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB05-1068
HB05-1142
HB05-1081
Amended and Referred to the Committee of the Whole
Amended and Referred to Appropriations
Postponed Indefinitely

09:54 AM -- House Bill 05-1068

Representative Ragsdale introduced House Bill 05-1068 which authorizes a person to reserve the unique combination of letters or numbers issued as a personalized license plate after the motor vehicle is no longer registered. She responded to committee questions.

The following people testified:

Carol Snyder, representing the Colorado County Clerk's Association, provided background information related to the bill.

10:00 AM --
Gary Jackson, representing himself, testified in support of the bill. He responded to committee questions.


10:02 AM -- Don Whissen, representing the Old Car Council of Colorado, testified in support of the bill. He responded to committee questions.


10:04 PM

Representative Larson asked that Carol Snyder clarify a few items related to the bill. She noted that the personalized license plates would have to been previously in use. She responded to committee questions.
BILL:HB05-1068
TIME: 10:08:55 AM
MOVED:Ragsdale
MOTION:Moved Amendment L.001 (Attachment A). She explained the amendment. The motion passed without objection.
SECONDED:Larson
VOTE
Borodkin
Cadman
Green
Hefley
Knoedler
Larson
Lindstrom
Ragsdale
Welker
McFadyen
Pommer
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection




BILL:HB05-1068
TIME: 10:10:42 AM
MOVED:Ragsdale
MOTION:Referred House Bill 05-1068, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed unanimously.
SECONDED:Borodkin
VOTE
Borodkin
Yes
Cadman
Yes
Green
Yes
Hefley
Yes
Knoedler
Yes
Larson
Yes
Lindstrom
Yes
Ragsdale
Yes
Welker
Yes
McFadyen
Yes
Pommer
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


10:12 AM -- House Bill 05-1142

Representative Green introduced House Bill 05-1142 which establishes requirements for noise mitigation measures in residential areas adjacent to certain highways. She responded to committee questions. The committee discussed noise mitigation efforts in various parts of the state. Representative Green indicated that she has a letter from the Colorado Department of Transportation (CDOT) that indicated that it would not provide noise mitigation in one area. She did not identify the area. She explained that she would like to make certain that CDOT follows the law.

The following people testified:


10:32 AM -- Mike Paslay, representing the Sixth Avenue Home Owners' Association, spoke in support of this bill. He indicated that he represents approximately 550 people in his homeowner's association who have signed a petition objecting to the level of noise along 6th Avenue. He noted that the association has been voicing its objection to the noise level, which he believes is well above 70 decibels, and sometimes above 90 decibels. Mr. Paslay said that when he moved into his neighborhood, the noise level was below 50 decibels. He cited federal law concerning the environmental and health impacts that are to be considered when roads are built or widened. Representative Green asked that Attachment B, Typical Activities - Sound Levels - Reference and Community Response.


10:48 AM

Representative Hefley suggested that Mr. Paslay's group join with another group in El Paso County that has similar concerns, and any other group that is concerned with noise mitigation. She believes CDOT needs to hear this from all these groups so something can be accomplished. Representative Lindstrom recounted his efforts to have a sound wall built in Dillon Valley, an effort that took 15 years.

10:54 AM --
Sue McMahon, representing the Daniels Home Owners' Association, an association on the north side of 6th Avenue, spoke in support of the bill. She explained that the increase of the speed limit on 6th avenue, to 65 miles per hour, increased the noise levels. She believes lowering the speed limit is one answer to reducing noise levels.

10:58 AM --
Alan Rosen, representing the City of Golden, as an acoustics expert and consultant, testified in support of the bill. He was asked by the City of Golden to testify before the committee. He explained that he has reviewed the various decibel levels that have been recommended by local ordinances, the Environmental Protection Agency, and CDOT. He indicated that the 55 decibel level, which is in the bill, is the level adopted by the City of Golden, and other countries, to be a reasonable level for an improved quality of life. He responded to committee questions.

11:07 AM --
Herman Stockinger, representing CDOT, testified in opposition of the bill. He provided Attachment C, Highway Traffic Noise: Assessment and Abatement. He indicated that the department believes that this bill would require $16 million dollars for noise mitigation in FY 2005-06. He recounted CDOT's noise mitigation efforts in the past. Mr. Stockinger said that the 55 decibel noise level is considered almost impossible by the Federal Highway Administration. He responded to committee questions. Representative Hefley indicated that she believes there should be a way to negotiate reasonably with CDOT to mitigate noise levels, but, the department has to go further in its efforts. Mr. Stockinger believes the department does need to work harder with neighborhoods on this issue. Committee discussion continued about various means to reduce noise.


11:25 AM

Representative Green responded to committee questions.
BILL:HB05-1142
TIME: 11:27:55 AM
MOVED:Larson
MOTION:Moved to amend all 55 decibel levels in the bill to "federal highway noise abatement criteria". The motion passed without objection.
SECONDED:Borodkin
VOTE
Borodkin
Cadman
Green
Hefley
Knoedler
Larson
Lindstrom
Ragsdale
Welker
McFadyen
Pommer
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB05-1142
TIME: 11:29:20 AM
MOVED:Green
MOTION:Moved Amendment L.002 (Attachment D). Withdrawn. Representative Pommer asked Mr. Rosen to comment on the amendment. Rep. Green withdrew the amendment.
SECONDED:
VOTE
Borodkin
Cadman
Green
Hefley
Knoedler
Larson
Lindstrom
Ragsdale
Welker
McFadyen
Pommer
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:HB05-1142
TIME: 11:32:22 AM
MOVED:Green
MOTION:Moved Amendment L.003 (Attachment E). Withdrawn. Rep. Pommer recessed the committee so they could review the amendment. Representative Green withdrew the amendment.
SECONDED:
VOTE
Borodkin
Cadman
Green
Hefley
Knoedler
Larson
Lindstrom
Ragsdale
Welker
McFadyen
Pommer
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE
BILL:HB05-1142
TIME: 11:33:46 AM
MOVED:Larson
MOTION:Moved to strike page 4, lines 6 through 27 and through the safety clause on page 6. The motion failed on a 4-7 vote.
SECONDED:Ragsdale
VOTE
Borodkin
No
Cadman
Yes
Green
No
Hefley
No
Knoedler
Yes
Larson
Yes
Lindstrom
No
Ragsdale
No
Welker
Yes
McFadyen
No
Pommer
No
Not Final YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB05-1142
TIME: 11:39:42 AM
MOVED:Green
MOTION:Referred HB 1142, as amended, to the Committee on Appropriations. The motion passed on a 10-1 vote.
SECONDED:Hefley
VOTE
Borodkin
Yes
Cadman
Yes
Green
Yes
Hefley
Yes
Knoedler
No
Larson
Yes
Lindstrom
Yes
Ragsdale
Yes
Welker
Yes
McFadyen
Yes
Pommer
Yes
Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


11:43 AM -- House Bill 05-1081

Representative Rose respectfully requested the committee to postpone indefinitely House Bill 05-1081.
BILL:HB05-1081
TIME: 11:43:52 AM
MOVED:Larson
MOTION:Moved to postpone indefinitely House Bill 05-1081. The motion passed on a 9-2 vote.
SECONDED:Cadman
VOTE
Borodkin
Yes
Cadman
Yes
Green
Excused
Hefley
Yes
Knoedler
Excused
Larson
Yes
Lindstrom
Yes
Ragsdale
Yes
Welker
Yes
McFadyen
Yes
Pommer
Yes
Not Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS