Bill Summary for Bill Number HB07-1281

Date: 02/13/2007

Final
BILL SUMMARY for HB07-1281

HOUSE COMMITTEE ON TRANSPORTATION & ENERGY

Votes: View-->	Action Taken:
Amend page 6, line 20, after "associations'" inser Amend page 7, strike lines 22 through 27. Page 8, Moved a substitute motion to amend page 6, line 2 Moved prepared amendment L.001 (Attachment F). Th Moved prepared amendment L.002 (Attachment G). Th Moved prepared amendment L.003 (Attachment H). Th Refer House Bill 07-1281, as amended, to the Commi	TIE TIE Pass Without Objection Pass Without Objection Pass Without Objection Pass Without Objection PASS

02:08 PM -- House Bill 07-1281

Representative Pommer and Representative Witwer, prime sponsors, explained the provisions of HB 07-1281, concerning increased renewable energy standards. The bill makes several statutory changes to renewable energy initiative (Amendment 37) passed by Colorado voters in 2004. It expands the definitions of a "qualifying retail utility" to include all utilities, except municipally owned utilities (MOUs) serving less than 40,000 customers, and "eligible energy sources" to include recycled energy. The bill also raises the standard for electricity generation from eligible sources for investor-owned utilities. Representative Pommer distributed prepared amendments L.001 (Attachment F) and L.002 (Attachment G). Prepared amendment L.003 (Attachment H) was also distributed. Representative Pommer answered questions from committee members and indicated that he wasn't open to an amendment that would add hydroelectricity.

The following persons testified:

02:36 PM -- Sol Shapiro, representing himself, testified in opposition of the bill. He indicated that he supports the expansion of solar thermal standards. He does not support the solar set-side in the bill. In addition, he indicated that he would like the solar energy components of the bill to be put on hold to provide more education.

02:49 PM -- Bill Shroeder, representing Intermountain Rural Electric Association (IREA), testified in opposition to the bill. He distributed a IREA brochure (Attachment I). Mr. Shroeder indicated that IREA customers favored the opt out provision of Amendment 37 and HB 07-1281 will not allow his customers that option. He added that he would like IREA to be included in a grandfather clause to keep the opt-out provision in place. He answered questions from committee members and indicated that IREA serves 10 counties in Colorado, including Adams, Elbert, Jefferson, Douglas, Arapahoe. Mr. Shroeder indicated that if IREA was required to comply with the provisions of HB 1281, Excel Energy would provide back-up.

03:01 PM

Representative Pommer indicated that HB 07-1281 removes the opt-out that was included in Amendment 37. He added that he is opposed to leaving the opt-out provision in statute because it is a mandate and could cause others to want to opt-out as well.

03:11 PM -- Dianna Orf, representing Colorado Mining Association, came to the table to raise additional questions. She asked if it is possible to add additional relief for industrial customers. Representative Pommer stated that adding additional relief may lead to additional requests for exemptions.

03:16 PM -- Daniel Hodges, representing Colorado Springs Utilities, indicated that the Colorado Springs Utilities has not officially taken a position on the bill. Mr. Hodges indicated that the Colorado Springs Utilities, would like to see "cooperative electric association" removed from page 6, line 20.

03:19 PM -- Pat Vincent and Paula Connelli, representing Excel Energy, testified in support of the bill. Ms. Vincent stated that HB 1281 gives Excel Energy regulation authority and would enable them to invest in more resources to provide economic opportunities statewide. Mr. Connelli stated that 20 percent of renewable energy resources will not cause intermittency. She added that Excel Energy is confident that they can meet the 20 percent standard within the 2 percent rate increase cap. Ms. Vincent answered questions from committee members and indicated that other states look more favorable than Colorado because they encourage higher renewable energy standards.

03:29 PM -- Rick Gilliam, representing Sun Edison LLC, testified in support of the bill. He indicated that Amendment 37 has proven to be popular in Colorado and has created more jobs. He indicated that the bill keeps Colorado in the forefront regarding renewable energy standards nationwide and expands the programs to rural electric cooperatives and allows them to take advantage of renewable energy sources. He stated that the opt-out provision of Amendment 37 was included to protect smaller rural electric cooperatives from burden.

03:40 PM -- Troy Whitmore, representing United Power, testified in support of the bill.

03:47 PM -- Heidi Wagner, representing TriState Generation and Transmission Association Inc., testified in support of the bill.

03:51 PM -- Tony Frank, representing Rocky Mountain Farmers Union, testified in support of the bill. He indicated that the bill will increase economic development and it is important step for rural communities to actively participate in renewable energy.

03:54 PM -- Ron Lehr, representing the American Wind Energy Association, testified in support of the bill.

04:05 PM -- Craig Cox, representing Interwest Energy Alliance, testified in support of the bill. He distributed a newspaper article concerning wind power (Attachment J).

04:08 PM -- Nick Muller, representing Colorado Independent Energy Association, testified in support of the bill.

04:09 PM -- Burl Brownell, representing Colorado Rural Electric Association, testified in support of the bill.

04:12 PM -- Ray Clifton, representing Colorado Rural Electric Association, testified in support of the bill.

04:13 PM -- John Neilson, representing Western Resource Advocates, and Will Coyne, representing Environment Colorado, testified in support of the bill.

04:18 PM -- Sheldon Jones, representing the Colorado Department of Agriculture, testified in support of the bill.


BILL:	HB07-1281
TIME:	04:22:38 PM
MOVED:	Gibbs
MOTION:	Moved prepared amendment L.001 (Attachment F). The motion passed without objection.
SECONDED:	McNulty
		VOTE
	Borodkin
	Green
	Levy
	Marostica
	McNulty
	Merrifield
	Primavera
	Rice
	Sonnenberg
	Swalm
	Vaad
	Gibbs
	McFadyen
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB07-1281
TIME:	04:23:10 PM
MOVED:	Gibbs
MOTION:	Moved prepared amendment L.002 (Attachment G). The motion passed without objection.
SECONDED:	Marostica
		VOTE
	Borodkin
	Green
	Levy
	Marostica
	McNulty
	Merrifield
	Primavera
	Rice
	Sonnenberg
	Swalm
	Vaad
	Gibbs
	McFadyen
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB07-1281
TIME:	04:24:07 PM
MOVED:	Marostica
MOTION:	Moved prepared amendment L.003 (Attachment H). The motion passed without objection.
SECONDED:	McNulty
		VOTE
	Borodkin
	Green
	Levy
	Marostica
	McNulty
	Merrifield
	Primavera
	Rice
	Sonnenberg
	Swalm
	Vaad
	Gibbs
	McFadyen
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB07-1281
TIME:	04:25:19 PM
MOVED:	McNulty
MOTION:	Amend page 6, line 20, after "associations'" insert "and municipally owned utilities'". A substitute motion was offered (see vote sheet below).
SECONDED:	Marostica
		VOTE
	Borodkin
	Green
	Levy
	Marostica
	McNulty
	Merrifield
	Primavera
	Rice
	Sonnenberg
	Swalm
	Vaad
	Gibbs
	McFadyen
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:	HB07-1281
TIME:	04:26:11 PM
MOVED:	Levy
MOTION:	Moved a substitute motion to amend page 6, line 21 after "associations'" insert "and municipally owned utilities that are qualifying retail utilities'". The motion passed without objection.
SECONDED:	Rice
		VOTE
	Borodkin
	Green
	Levy
	Marostica
	McNulty
	Merrifield
	Primavera
	Rice
	Sonnenberg
	Swalm
	Vaad
	Gibbs
	McFadyen
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB07-1281
TIME:	04:31:32 PM
MOVED:	Green
MOTION:	Amend page 7, strike lines 22 through 27. Page 8, strike lines 1 through 11. The motions were withdrawn.
SECONDED:	Primavera
		VOTE
	Borodkin
	Green
	Levy
	Marostica
	McNulty
	Merrifield
	Primavera
	Rice
	Sonnenberg
	Swalm
	Vaad
	Gibbs
	McFadyen
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:	HB07-1281
TIME:	04:33:39 PM
MOVED:	Green
MOTION:	Refer House Bill 07-1281, as amended, to the Committee on Appropriations. The motion passed on a 12 to 0 roll call vote.
SECONDED:	Marostica
		VOTE
	Borodkin	Yes
	Green	Yes
	Levy	Yes
	Marostica	Yes
	McNulty	Yes
	Merrifield	Excused
	Primavera	Yes
	Rice	Yes
	Sonnenberg	Yes
	Swalm	Yes
	Vaad	Yes
	Gibbs	Yes
	McFadyen	Yes
Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS