House Committee on Transportation & Energy (02/03/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON TRANSPORTATION & ENERGY

Date:	02/03/2009	ATTENDANCE

Time:	01:43 PM to 08:48 PM	Baumgardner	X
		Fischer	X
Place:	SupCt	Frangas	X
		King S.	X
This Meeting was called to order by		Looper	X
	Representative McFadyen	McNulty	X
		Merrifield	X
This Report was prepared by		Primavera	X
	Kurt Morrison	Vaad	X
		Green	X
		McFadyen	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB09-1016 HB09-1055 HB09-1094 HB09-1092 HB09-1134 HB09-1114		Postponed Indefinitely Postponed Indefinitely Amended, Referred to Appropriations Amended, Referred to the Committee of the Whole Witness Testimony and/or Committee Discussion Only Postponed Indefinitely

01:44 PM -- House Bill 09-1016

Representative Court, prime sponsor of House Bill 09-1016, asked the committee to postpone the bill indefinitely. The bill would allow persons to drive vehicles in Colorado without a Colorado driver's license under established conditions.


BILL:	HB09-1016
TIME:	01:44:49 PM
MOVED:	McNulty
MOTION:	Moved to postpone House Bill 09-1016 indefinitely. The motion passed on an 11-0 roll call vote.
SECONDED:	Primavera
		VOTE
	Baumgardner	Yes
	Fischer	Yes
	Frangas	Yes
	King S.	Yes
	Looper	Yes
	McNulty	Yes
	Merrifield	Yes
	Primavera	Yes
	Vaad	Yes
	Green	Yes
	McFadyen	Yes

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

01:46 PM -- House Bill 09-1055

Representative Green, prime sponsor of House Bill 09-1055, testified regarding the bill. The bill would require utility companies to provide information to consumers on billing statements. Representative Green provided a handout (Attachment A) and Amendments L.009, L.011, and L.012 (Attachments B, C, and D). The bill was previously discussed by the committee during a January 13, 2009, meeting.

01:51 PM

Representative McNulty asked Representative Green for further explanation of her amendments.

01:52 PM -- Ms. Michelle Stermer, representing Xcel Energy, provided technical testimony regarding the bill and amendments. Representative Green further elaborated on the amendments' intent. Representative Green stated that energy utility representatives have offered to work with her further on this issue, and therefore asked the committee to postbone the bill indefinitely.


BILL:	HB09-1055
TIME:	01:56:26 PM
MOVED:	Green
MOTION:	Moved to postpone House Bill 09-1055 indefinitely. The motion passed on an 11-0 roll call vote.
SECONDED:	Looper
		VOTE
	Baumgardner	Yes
	Fischer	Yes
	Frangas	Yes
	King S.	Yes
	Looper	Yes
	McNulty	Yes
	Merrifield	Yes
	Primavera	Yes
	Vaad	Yes
	Green	Yes
	McFadyen	Yes

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

01:57 PM -- House Bill 09-1094

Representative Levy, prime sponsor of House Bill 09-1094, testified regarding the bill. The bill would restrict use of cellular phones while driving. Representative Levy provided copies of constituent e-mails to members of the committee (Attachments E, F, and G). She further provided relevant statistics pertaining to drivers that use cell phones and cited supporting and opposing arguments.

02:07 PM

Representative McFadyen asked for witnesses to testify in opposition to the bill.

02:08 PM -- Mr. Clarence Miller, representing himself, testified in opposition to the bill.

02:09 PM

Representative McFadyen asked for witnesses to testify in support of the bill.

02:10 PM -- Mr. Bobby Juchem, representing the Colorado State Patrol, testified in support of the bill. Mr. Juchem responded to questions from the committee members. Representative Looper asked for differences between hand-held and hands-free devices and statistics relevant to safety for both.

02:13 PM -- Mr. Mark Laitos, representing the Colorado Medical Society, testified in support of the bill. Mr. Laitos responded to questions from the committee members. Representative King asked for the difference between hand-held and hands-free devices, and the statistical likelihood of accidents. Mr. Laitos responded that the data shows little difference.

02:17 PM -- Ms. Cathy Rosset, representing herself, stated her support of the bill and offered no testimony.

02:18 PM -- Ms. Julie Hoerner, representing State Farm Insurance, testified in support of the bill. Representative McNulty asked if Ms. Horner had statistical data on risk for cell phone use while driving. Ms. Hoerner responded that data reveals that younger drivers exhibit higher risk. Representive McNulty asked if State Farm Insurance provides safety training for drivers. Ms. Hoerner provided a description of State Farm Insurance's training for younger drivers. Representative Frangas asked if there are correlations in other states that have enacted similar bills and reductions in insurance costs. Ms. Hoerner offered to provide actuarial information to the committee.

02:28 PM -- Ms. Shelley Forney, representing her daughter, Ms. Erica Forney, testified in support of the bill. Ms. Forney described an accident caused by a driver using a cell phone that resulted in the death of her daughter. Ms. Forney asked for the committee to approve the bill and responded to questions from the committee members. Representative Green and Representative Fischer thanked Ms. Forney for testifying in support of the bill. Representative Fischer displayed a photo of Erica Forney to the audience. Representative McFadyen thanked Ms. Forney for attending the hearing.

02:37 PM -- Ms. Suzanne McKinney, representing herself, testified in support of the bill. Ms. McKinney described an accident caused by a driver text-messaging on a cell phone which resulted in the loss of her leg. Ms. McKinney asked the committee members to support the bill. Representative Green thanked Ms. McKinney for testifying before the committee. Representative McFadyen discussed the relevance of the bill to employment.

02:45 PM -- Mr. Fred Keil, representing American Brotherhood Aimed Toward Education (ABATE) of Colorado, testified in support of the bill. Mr. Keil provided background information on ABATE of Colorado and the bill's impact on motorcyclists.

02:46 PM -- Mr. Jeff Emmel, representing Bike Fort Collins, testified in support of the bill. Mr. Emmel discussed military bans on cell phone use and discussed statistics related to driver safety and cell phone use.

02:55 PM -- Mr. Bruce Cooper, representing the Health District of Northern Larimer County, testified in support of the bill.

02:57 PM -- Ms. Joyce Masamitsu, representing Verizon Wireless, testified in support of the bill. Ms. Masamitsu provided copies of her testimony to the committee members (Attachment H). Representative Baumgardner asked Ms. Masamitsu regarding enforcement of the bill's requirements. Representative Looper asked if Verizon Wireless has enough hands-free devices to meet demand if the bill passes.

03:04 PM -- Mr. Robert Wareham, representing the National Association of Amateur Radio, testified regarding the bill. Mr. Wareham discussed L.001 and its potential impact on amateur radio users.

03:13 PM -- Ms. Juanita Chacon, representing herself, testified in support of the bill. Ms. Chacon responded to questions from members of the committee.

03:20 PM -- Mr. Joe Wilcox, representing himself, testified in support of the bill. Mr. Wilcox provided copies of his testimony to members of the committee (Attachment I).

03:21 PM -- Mr. Dan Grunig, representing Bicycle Colorado, testified in support of the bill.

03:23 PM -- Ms. Angie Green, representing Ms. Shelly Forney and Ms. Erica Forney, testified in support of the bill. Ms. Green took questions from the committee.

03:25 PM -- Mr. Eric Eisenbud, representing himself, testified in support of the bill. Mr. Eisenbud discussed enforcement issues related to the bill's requirements.

03:31 PM -- Mr. Greg Fulton, representing the Colorado Motor Carriers Association (CMCA), testified in support of the bill. Mr. Fulton stated that the CMCA is seeking an exemption for commercial vehicles. Mr. Fulton responded to questions from the committee members.

03:40 PM

Representative McFadyen closed witness testimony and opened the amendment phase.

03:40 PM

Representative Levy discussed Amendments L.004, L.005, and L.008 (Attachments J, K, and L).


BILL:	HB09-1094
TIME:	03:41:25 PM
MOVED:	McNulty
MOTION:	Moved amendment L.004 (Attachment J). The motion passed without objection.
SECONDED:	Green
		VOTE
	Baumgardner
	Fischer
	Frangas
	King S.
	Looper
	McNulty
	Merrifield
	Primavera
	Vaad
	Green
	McFadyen

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


BILL:	HB09-1094
TIME:	03:42:14 PM
MOVED:	McNulty
MOTION:	Moved amendment L.005 (Attachment K). The motion passed without objection.
SECONDED:	Green
		VOTE
	Baumgardner
	Fischer
	Frangas
	King S.
	Looper
	McNulty
	Merrifield
	Primavera
	Vaad
	Green
	McFadyen

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


BILL:	HB09-1094
TIME:	03:44:36 PM
MOVED:	Fischer
MOTION:	Move conceptual amendment to amendment Amendment L.008 to include "authorized service vehicles". The motion passed without objection.
SECONDED:	Green
		VOTE
	Baumgardner
	Fischer
	Frangas
	King S.
	Looper
	McNulty
	Merrifield
	Primavera
	Vaad
	Green
	McFadyen

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


BILL:	HB09-1094
TIME:	03:45:05 PM
MOVED:	McNulty
MOTION:	Moved amendment L.008 as amended (Attachment L). The motion passed without objection.
SECONDED:	Green
		VOTE
	Baumgardner
	Fischer
	Frangas
	King S.
	Looper
	McNulty
	Merrifield
	Primavera
	Vaad
	Green
	McFadyen

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


BILL:	HB09-1094
TIME:	03:47:00 PM
MOVED:	McNulty
MOTION:	Moved amendment L.001 (Attachment M). The motion passed without objection.
SECONDED:	McFadyen
		VOTE
	Baumgardner
	Fischer
	Frangas
	King S.
	Looper
	McNulty
	Merrifield
	Primavera
	Vaad
	Green
	McFadyen

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

3:56 PM -- The committee recessed.

3:57 PM -- The committee returned to order. Representative McNulty moved a conceptual amendment to exempt from the provisions of the bill commercial vehicles of a certain weight that do not transport persons. Representative Fischer moved to amend the conceptual amendment to restrict only text messaging for such vehicles


BILL:	HB09-1094
TIME:	04:03:00 PM
MOVED:	Fischer
MOTION:	Move an amendment to the McNulty amendment to limit text messaging and not voice communication. The motion passed on a 10-1 roll call vote.
SECONDED:	Frangas
		VOTE
	Baumgardner	Yes
	Fischer	Yes
	Frangas	Yes
	King S.	Yes
	Looper	Yes
	McNulty	Yes
	Merrifield	Yes
	Primavera	Yes
	Vaad	Yes
	Green	Yes
	McFadyen	No

Not Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

BILL:	HB09-1094
TIME:	04:04:00 PM
MOVED:	McNulty
MOTION:	Move conceptual amendment to exempt from the provisions of the bill commercial vehicles driving 10,001 pounds or greater that carry goods and not persons. The conceptual amendment, as amended, passed without objection.
SECONDED:	Green
		VOTE
	Baumgardner
	Fischer
	Frangas
	King S.
	Looper
	McNulty
	Merrifield
	Primavera
	Vaad
	Green
	McFadyen

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

4:06 PM -- Representative Levy provided closing statements and asked for an affirmative vote.


BILL:	HB09-1094
TIME:	04:11:00 PM
MOVED:	Fischer
MOTION:	Moved to refer House Bill 09-1094, as amended, to the Committee on Apppropriations. The motion passed on a 9-2 roll call vote.
SECONDED:	Green
		VOTE
	Baumgardner	Yes
	Fischer	Yes
	Frangas	Yes
	King S.	Yes
	Looper	Yes
	McNulty	No
	Merrifield	Yes
	Primavera	Yes
	Vaad	No
	Green	Yes
	McFadyen	Yes

Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

4:12 PM -- The committee recessed.

04:29 PM -- House Bill 09-1092

The committee returned to order.

Representative Peniston, prime sponsor of House Bill 09-1092, discussed the merits of the bill. The bill would exempt certain routine landscape maintenance activities from the excavation notification statute. A handout on the bill from the Associated Landscape Contractors of Colorado was provided to the committee members (Attachment O).

04:31 PM

Representative McFadyen asked for witnesses with questions or neutral positions on the bill.

04:32 PM -- Mr. Andrew Colony, representing Comcast Cable, testified regarding the bill. Mr. Colony discussed the memorandum of understanding between Xcel Energy and the Associated Landscape Contractors of Colorado. Copies of the document was provided to committee members (Attachment P). Mr. Colony further discussed the legislation and responded to questions from committee members.

04:42 PM

Representative McFadyen asked for witnesses to testify in opposition to the bill.

04:42 PM -- Ms. Mary Dechant, representing Metro Wastewater Reclamation District, testified in opposition to the bill. Ms. Dechant discussed manholes and water pipes, as well as challenges to make repairs to manholes. Ms. Dechant responded to questions from the committee members.

04:55 PM -- Mr. Stan Dempsey, representing the Colorado Petroleum Association, testified in opposition to the bill. Mr. Dempsey discussed safety concerns regarding underground utilities and provided a pipeline map to the committee members (Attachment Q). Mr. Dempsey responded to questions from the committee.

05:13 PM -- Mr. Jim Cole, representing the Colorado Oil and Gas Association, testified in opposition to the bill. Representative King asked Mr. Cole how many calls the utility locate system receives each day. Mr. Cole estimated that the number of contacts is significant.

05:15 PM -- Mr. Dan Hodges, representing the Colorado Springs Utilities, testified in opposition to the bill. Mr. Hodges explained current efforts to encourage consumers to call and request a locate service before digging below ground level. Mr. Hodges responded to questions from the committee members.

05:21 PM -- Mr. John McCormick, representing Qwest Communications, testified in opposition to the bill. Mr. McCormick explained the Call 811 program and described its goal of developing a common method to locate utilities safely. Mr. McCormick responded to questions from the committee members.

05:27 PM -- Ms. Margy Christiansen, representing Source Gas, testified in opposition to the bill. Ms. Christiansen cited examples of injuries and accidents due to utility line damages.

05:31 PM

Representative McFadyen asked for witnesses to testify in support of the bill.

05:31 PM -- Mr. Judd Bryarly, representing Timberline Landscaping, testified in support of the bill. Mr. Bryarly stated the number of utility line locate requests submitted by his business annually. Mr. Bryarly responded to questions from members of the committee. Representative Fischer asked Mr. Bryarly for his response to other testimony regarding utility line damages.

05:44 PM -- Mr. Troy Friar, representing Summit Services, testified in support of the bill. Mr. Friar addressed safety concerns pertaining to utility lines.

05:50 PM -- Mr. Jeff Oxley, representing Swingle Lawn Care, testified in support of the bill. Mr. Oxley discussed the process of requesting a locate and the cumulative impact on his business. Mr. Oxley responded to questions from members of the committee.

06:03 PM -- Ms. Kristen Fefes, representing the Associated Landscape Contractors of Colorado, testified in support of the bill. Ms. Fefes provided background information on landscape maintenance exemptions. Ms. Fefes stated that current practices do not match the law, and responded to questions from members of the committee. Representative McNulty asked Ms. Fefes questions pertaining to Amendment L.002 (Attachment R).

06:17 PM

Representative McFadyen closed the witness testimony phase and asked for amendments.


BILL:	HB09-1092
TIME:	06:17:46 PM
MOVED:	Looper
MOTION:	Moved amendment L.002 (Attachment R). The motion passed without objection.
SECONDED:	Fischer
		VOTE
	Baumgardner
	Fischer
	Frangas
	King S.
	Looper
	McNulty
	Merrifield
	Primavera
	Vaad
	Green
	McFadyen

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


BILL:	HB09-1092
TIME:	06:20:24 PM
MOVED:	Green
MOTION:	Moved to refer House Bill 09-1092, as amended, to the Committee of the Whole. The motion passed on a 10-1 roll call vote.
SECONDED:	Fischer
		VOTE
	Baumgardner	No
	Fischer	Yes
	Frangas	Yes
	King S.	Yes
	Looper	Yes
	McNulty	Yes
	Merrifield	Yes
	Primavera	Yes
	Vaad	Yes
	Green	Yes
	McFadyen	Yes

Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

06:24 PM

The committee recessed.
06:41 PM

The committee returned to order. Representative McFadyen stated that the committee will only take witness testimony on House Bill 09-1134.

06:41 PM -- House Bill 09-1134

Representative Kefalas, prime sponsor of House Bill 09-1134, discussed the merits of the bill. The bill would establish a Colorado Railroad Authority to create a rail system to serve passengers in the I-25 and I-70 corridors. Representative Kefalas discussed the intent of creating a new authority and explained its goals. Representative Kefalas responded to questions from members of the committee. Representative Kefalas provided copies of House Joint Resolution 08-1039, regarding support for a high-speed rail corridor along the front range of Colorado, to members of the committee (Attachment S).

06:52 PM

Representative McFadyen asked for witnesses to testify in opposition to the bill.

06:53 PM -- Mr. Dick Hartman, representing Union Pacific Railroad, testified in opposition to the bill. Mr. Hartman provided background information on passenger and freight rail industries. Mr. Hartman also discussed current economic trends and rail studies conducted by the Colorado Department of Transportation. Mr. Hartman responded to questions from members of the committee.

07:13 PM

Representative Green asked for witnesses to testify in support of the bill.

07:14 PM -- Former Representative Bob Briggs testified in support of the bill. Handouts on House Bill 09-1134 were provided to the committee (Attachment S). Representative Briggs provided background information on Colorado railways and discussed track congestion. Representative Briggs responded to questions from members of the committee.

07:24 PM

Representative Green asked Representative Briggs on the composition of the proposed Colorado Railroad Authority and if board members would be elected. Representative Primavera asked for examples of similar authorities in other states.

07:33 PM

Representative Looper asked if a conflict exists with proposed routes with existing routes. Representative Briggs provided details on various regions and potential passenger service routes.

07:37 PM -- Mr. Bernie Zimmer testified in support of the bill. Mr. Zimmer discussed potential routes to connect populated areas.

07:48 PM

Representative McFadyen discussed Tennessee Pass and its maintenance needs.

07:50 PM -- Mr. Lewis Shaw testified in support of the bill. Mr. Shaw discussed rising population trends and growing need for multiple transportation modes.

07:55 PM -- Mr. Grant Bennett, representing himself, testified in support of the bill. Mr. Bennett discussed financing mechanisms for transportation infrastructure.

08:04 PM -- Ms. Edie Bryan, representing herself, testified in support of the bill. Ms. Bryan discussed efforts in other states to obtain high-speed rail corridor status.

08:08 PM

Representative McFadyen closed witness testimony and stated that the committee will act on the bill at a later date.

08:08 PM -- House Bill 09-1114

Representative Vaad, prime sponsor of House Bill 09-1114, discussed the merits of the bill. The bill would require the Colorado Department of Transportation (CDOT) to determine which portions of the state highway system are used as commuter highways within a metropolitan area. Representative Vaad further discussed unfunded mandates and provided handouts to the committee members (Attachments T and U). He provided additional information on the federal Safe, Accountable, Flexible, Equitable Transportation Act (SAFETEA).

08:24 PM

Representative Vaad discussed various segments of Interstate 70 and necessary replacement costs. Further information was provided on transportation planning and the role of metropolitan planning organizations. Representative Vaad responded to questions from members of the committee.

08:34 PM

Representative McFadyen asked for witnesses to testify on the bill.

08:35 PM -- Mr. Mark Radtke, representing the Colorado Municipal League, testified in opposition to the bill. Mr. Radtke discussed the bill's fiscal impact on Colorado municipalities. Representative Green stated that she had similar concerns, specifically regarding the fiscal impact on rural and smaller communities.

08:39 PM

Representative McFadyen closed witness testimony.


BILL:	HB09-1114
TIME:	08:40:56 PM
MOVED:	Vaad
MOTION:	Moved amendment L.001 (Attachment V). The motion passed without objection.
SECONDED:	McFadyen
		VOTE
	Baumgardner
	Fischer
	Frangas
	King S.
	Looper
	McNulty
	Merrifield
	Primavera
	Vaad
	Green
	McFadyen

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


BILL:	HB09-1114
TIME:	08:42:43 PM
MOVED:	Vaad
MOTION:	Moved to refer House Bill 09-1114, as amended, to the Committee on Appropriations. The motion failed on a 5-6 roll call vote.
SECONDED:	McNulty
		VOTE
	Baumgardner	Yes
	Fischer	No
	Frangas	No
	King S.	Yes
	Looper	Yes
	McNulty	Yes
	Merrifield	No
	Primavera	No
	Vaad	Yes
	Green	No
	McFadyen	No

Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB09-1114
TIME:	08:47:40 PM
MOVED:	Fischer
MOTION:	Moved to postpone House Bill 09-1114 indefinitely. The motion passed on a 6-5 roll call vote.
SECONDED:	Green
		VOTE
	Baumgardner	No
	Fischer	Yes
	Frangas	Yes
	King S.	No
	Looper	No
	McNulty	No
	Merrifield	Yes
	Primavera	Yes
	Vaad	No
	Green	Yes
	McFadyen	Yes

Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

08:48 PM

Representative McFadyen thanked the committee and staff. The committee adjourned.