House Committee on Agriculture, Livestock, & Natural Resources (03/18/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Date:	03/18/2009	ATTENDANCE

Time:	10:48 AM to 04:52 PM	Gardner C.	*
		Hullinghorst	X
Place:	HCR 0107	Labuda	X
		Looper	X
This Meeting was called to order by		McKinley	X
	Representative Curry	McNulty	*
		Pace	*
This Report was prepared by		Solano	X
	Lauren Ris	Sonnenberg	X
		Tipton	X
		Vigil	X
		Fischer	X
		Curry	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB09-124 SB09-106 SB09-141 HB09-1308		Referred to Appropriations Referred to Appropriations Amended, Referred to the Committee of the Whole Referred to Appropriations

10:49 AM -- Senate Bill 09-124

Representative Roberts, prime sponsor, presented Senate Bill 09-124 concerning additional funding for agricultural energy-related projects through the agriculture value-added cash fund. The bill extends the funding for the Department of Agriculture to promote the feasibility and development of agricultural energy-related projects and research until fiscal year 2011-2012.

10:50 AM -- Commissioner John Stulp, Department of Agriculture, spoke in support of the bill and described several agricultural energy-related projects. He provided the committee letters of support from individuals involved in previously funded projects (Attachment A). A handout was also provided with background information on the bill and a list of projects funded to date on the Renewable Energy Program and a list of projects (Attachment B). Commissioner Stulp answered questions from the committee.

10:54 AM

Representative Curry discussed the revised fiscal note.

10:56 AM -- Tony Frank, representing Rocky Mountain Farmers Union, spoke in support of the bill. He described two projects funded through the program and described the number of individuals and entities involved. He also explained how projects create jobs. Mr. Frank answered questions from the committee.

11:00 AM

Representative Roberts offered closing comments and discussed several projects in her district.


BILL:	SB09-124
TIME:	11:02:21 AM
MOVED:	McNulty
MOTION:	Moved to refer Senate Bill 09-124 to the Committee on Appropriations. The motion passed on a 12-0 roll call vote.
SECONDED:	Hullinghorst
		VOTE
	Gardner C.	Excused
	Hullinghorst	Yes
	Labuda	Yes
	Looper	Yes
	McKinley	Yes
	McNulty	Yes
	Pace	Yes
	Solano	Yes
	Sonnenberg	Yes
	Tipton	Yes
	Vigil	Yes
	Fischer	Yes
	Curry	Yes

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

11:05 AM -- Senate Bill 09-106

Representative Roberts, prime sponsor, presented Senate Bill 09-106, concerning the continuously appropriated water supply reserve account, extending the account, and requiring the interbasin compact committee in consultation with the Colorado Water Conservation Board to report annually on how money from the account were allocated. A handout was provided to committee members describing the Water Supply Reserve Account, including a list of approved water supply reserve account applications (Attachment C).

11:09 AM -- Eric Hecox, Colorado Water Conservation Board, explained how the Colorado Water Conservation Board administers the Water Supply Reserve Account. He described projects that have been funded through the account and described the difference between basin accounts and statewide accounts. Mr. Hecox answered questions from the committee.

11:22 AM

Representative Curry discussed issues related to how funding is split between basin accounts and the statewide account.

11:24 AM

Representative Hullinghorst asked Mr. Hecox about the transfer of funds in the fiscal note. The committee discussed the need to see the full spreadsheet of tier 1 and tier 2 programs funded through the Severance Tax Trust Fund.

11:29 AM -- Chris Treese, representing the Colorado River District and the Colorado Water Congress, spoke in support of the bill. He answered questions from the committee.

11:36 AM

A spreadsheet of the Severance Tax Trust Fund Operational Account was distributed to the committee (Attachment D). The committee discussed various programs funded through the fund.

11:37 AM

Representative Roberts provided closing comments.


BILL:	SB09-106
TIME:	11:41:15 AM
MOVED:	Looper
MOTION:	Moved to refer Senate Bill 09-106 to the Committee on Appropriations. The motion passed on a 10-0 roll call vote.
SECONDED:	Tipton
		VOTE
	Gardner C.	Excused
	Hullinghorst	Yes
	Labuda	Yes
	Looper	Yes
	McKinley	Excused
	McNulty	Yes
	Pace	Yes
	Solano	Yes
	Sonnenberg	Excused
	Tipton	Yes
	Vigil	Yes
	Fischer	Yes
	Curry	Yes

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

01:53 PM -- Senate Bill 09-141

Representative Looper, co-prime sponsor, presented Senate Bill 09-141, concerning the creation of the Fountain Creek Watershed, Flood Control, and Greenway District. The district is to manage, administer, and fund capital improvements in the Fountain Creek watershed. The district is governed by a board of directors, and membership on the board is specified in the bill. The district may levy property tax and issue bonds, subject to voter approval. The district may also levy special assessments through improvement districts. Service charges and special fees may also be charged to property owners or occupants that connect to district facilities. Representative Looper walked committee members through provisions in the bill. She provided a handout with a map of Fountain Creek Watershed (Attachment E), the Fountain Creek Watershed Newsletter (available at http://www.fountain-crk.org/Newsletters/fc_newsletters.html), and an overview of the bill (Attachment F).

02:03 PM

Representative Pace, co-prime sponsor, described the governance structure of the district and explained the composition of the governing board. Representative Looper and Representative Pace answered questions from the committee.

02:20 PM -- Sallie Clark, El Paso County Commissioner, spoke in favor of the bill and handed out powerpoint presentation slides, Creation of a Fountain Creek Entity (Attachment G). She discussed the structure and composition of the governance board and explained that the composition of board was intended to reflect a balance of power between El Paso and Pueblo Counties.

02:25 PM -- Jeff Chostner, Pueblo County Commissioner, spoke in favor of the bill. He described the need for the creation of the district and discussed the mill levy increase provisions in the bill. Mr. Chostner also discussed how the board would be held accountable to the public and answered questions from the committee.

02:34 PM -- Commissioner Clark responded to questions from the committee about the process that lead to the creation of the legislation and how the individuals involved in this process would react to amendments.

02:38 PM

The committee discussed amendment L.003 (Attachment H). The committee also discussed their positions about the governance structure established in the bill.

02:45 PM -- Larry Atencio, City Council Member from Pueblo, spoke in favor of the bill. He described a historical flood event from Fountain Creek. He also explained how the creation of this district would facilitate flood control projects.

02:51 PM -- Lois Landgraf, City Council of Fountain, spoke in favor of the bill. She stated that the legislation was a collaborative effort.

02:52 PM -- Gary Barber, El Paso County Water Authority, spoke in favor of the bill. He described a study that was done by the Army Corps of Engineers of the Fountain Creek watershed and a strategic plan that was created for managing the area. He explained that Amendment L.003 was vetted by the governing board. He answered questions from the committee and explained that Teller and Douglas Counties did not choose to participate and referenced the map of the Fountain Creek watershed (Attachment I).

03:00 PM -- Doug Kemper, Colorado Water Congress, stated that the Colorado Water Congress voted to support SB 09-141.

03:01 PM -- Jen Boulton, Colorado Trout Unlimited, spoke in favor of the bill and stated that the issues that her organization had with the SB 09-141 had been resolved.

03:03 PM -- Jay Winner, Lower Arkansas Valley Water Conservancy District, spoke in support of the bill. He described the location of his district and explained that his district was part of the effort that lead to the legislation. He answered questions from the committee.

03:07 PM -- Mr. Barber, discussed by-laws that are being drafted for the governing board in response to questions from the committee.


BILL:	SB09-141
TIME:	03:11:08 PM
MOVED:	Looper
MOTION:	Moved Amendment L.003. Representative Looper explained that the amendment addresses point and nonpoint source pollution. An amendment was offered striking lines 1-3 of Amendment L.003, see vote sheet below. The motion, as amended, passed without objection.
SECONDED:	Pace
		VOTE
	Gardner C.
	Hullinghorst
	Labuda
	Looper
	McKinley
	McNulty
	Pace
	Solano
	Sonnenberg
	Tipton
	Vigil
	Fischer
	Curry

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB09-141
TIME:	03:18:05 PM
MOVED:	Fischer
MOTION:	Moved an amendment to L.003 to strike lines 1-3 of Amendment L.003. The committee agreed to continue discussing the rest of the amendment before taking action on the substitute. The motion passed without objection.
SECONDED:	Vigil
		VOTE
	Gardner C.
	Hullinghorst
	Labuda
	Looper
	McKinley
	McNulty
	Pace
	Solano
	Sonnenberg
	Tipton
	Vigil
	Fischer
	Curry

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

03:38 PM

Representative Fischer handed out Amendment L.004 for discussion purposes only (Attachment J). The committee discussed the amendment.

03:43 PM -- Cole Emmons, Assistant El Paso County Attorney, discussed Amendment L.004 and the governing structure of the board.


BILL:	SB09-141
TIME:	03:49:14 PM
MOVED:	Looper
MOTION:	Moved to refer Senate Bill 09-141, as amended, to the Committee of the Whole. The committee discussed their positions on the bill. The motion passed on a 13-0 roll call vote.
SECONDED:	Pace
		VOTE
	Gardner C.	Yes
	Hullinghorst	Yes
	Labuda	Yes
	Looper	Yes
	McKinley	Yes
	McNulty	Yes
	Pace	Yes
	Solano	Yes
	Sonnenberg	Yes
	Tipton	Yes
	Vigil	Yes
	Fischer	Yes
	Curry	Yes

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

03:52 PM

The committee recessed.

04:01 PM -- House Bill 09-1308

The committee reconvened. Representative Curry, prime sponsor, presented HB 09-1308 concerning the addition of the Division of Water Resources in the Department of Natural Resources to the list of entities eligible to receive first tier funding from the operational account of the Severance Tax Trust Fund, and modifying appropriations made to the Division of Water Resources in the general appropriation for FY 2008-2009. She explained the fluctuations in the account funding that would be addressed by the reserve established in the bill. Representative Curry answered questions from the committee.

04:12 PM

Representative Curry continued to answer questions from the committee regarding the funding from the Severance Tax Trust Fund Operational Account and the impact the bill would have on tier 2 programs (Attachment D). Representative Curry clarified that this bill does not address fees.

04:24 PM

The committee continued to discuss how programs are funded in the Severance Tax Trust Fund Operational Account.

04:29 PM -- Bill Levine, Department of Natural Resources Budget Director, answered questions from the committee. He explained the funding impact to the Division of Reclamation Mining and Safety. He also discussed funding caps related to the Colorado Oil and Gas Conservation Commission.

04:34 PM -- Chris Treese, representing the Colorado River District and the Colorado Water Congress, stated that both organizations support the bill.

04:37 PM -- Crystal Korry, Colorado Farm Bureau, spoke in support of the bill.

04:40 PM

Representative Curry answered questions from the committee regarding the impact this bill would have on other programs in the Severance Tax Trust Fund.

04:47 PM

The committee indicated that they would be interested in having a briefing on the Low Income Energy Assistance Program (LEAP) from the Governor's Energy Office.


BILL:	HB09-1308
TIME:	04:50:59 PM
MOVED:	Curry
MOTION:	Moved to refer House Bill 09-1308 to the Committee on Appropriations. The motion passed on a 13-0 roll call vote.
SECONDED:	Looper
		VOTE
	Gardner C.	Yes
	Hullinghorst	Yes
	Labuda	Yes
	Looper	Yes
	McKinley	Yes
	McNulty	Yes
	Pace	Yes
	Solano	Yes
	Sonnenberg	Yes
	Tipton	Yes
	Vigil	Yes
	Fischer	Yes
	Curry	Yes

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

04:52 PM

The committee adjourned.