House Committee on Agriculture, Livestock, & Natural Resources (02/18/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Date:	02/18/2009	ATTENDANCE

Time:	01:33 PM to 08:24 PM	Gardner C.	X
		Hullinghorst	*
Place:	HCR 0107	Labuda	*
		Looper	X
This Meeting was called to order by		McKinley	X
	Representative Curry	McNulty	X
		Pace	X
This Report was prepared by		Solano	X
	Lauren Ris	Sonnenberg	*
		Tipton	X
		Vigil	X
		Fischer	X
		Curry	*
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB09-1231 SB09-001 HB09-1199 HB09-1233 HB09-1255 HB09-1194		Laid Over Referred to the Committee of the Whole Amended, Referred to Appropriations Amended, Referred to the Committee of the Whole Laid Over Laid Over

01:34 PM -- House Bill 09-1231

Representative Bradford, prime sponsor, presented HB 09-1234 concerning the creation of an Oil Shale Development Task Force. The bill specifies that the task force consist of three individuals appointed by the Governor, the Speaker and Minority Leader of the House of Representatives and the President and Minority Leader of the Senate. The task force is directed to investigate and make recommendations to the General Assembly and the Governor regarding appropriate development of oil shale in Colorado. Representative Bradford indicated that writing this bill generated a significant amount of controversy and asked the committee to not move this bill forward to allow her time to work on it further over the interim.

The following individuals testified on the bill:

01:46 PM -- Becky Long, Colorado Environmental Coalition, spoke in opposition to the bill. She expressed her concern that the state does not need another task force and that existing agencies are capable of addressing the issues raised in the bill. She answered questions from the committee and indicated that representatives in the environmental community would be willing to discuss this idea over the summer.

01:57 PM -- Amy Mall, National Resources Defense Council, spoke in opposition to the bill. She described the mission of her organization and expressed concern that the task force would not be able to draw meaningful conclusions given the current technology. She indicated willingness to work with the sponsor.


BILL:	HB09-1231
TIME:	02:00:30 PM
MOVED:	McNulty
MOTION:	Moved to lay HB 09-123 over until May 9th (this motion is the equivalent of a motion to postpone indefinitely). The motion passed on an 11-0 roll call vote.
SECONDED:	Gardner C.
		VOTE
	Gardner C.	Yes
	Hullinghorst	Excused
	Labuda	Yes
	Looper	Yes
	McKinley	Yes
	McNulty	Yes
	Pace	Yes
	Solano	Yes
	Sonnenberg	Yes
	Tipton	Yes
	Vigil	Yes
	Fischer	Yes
	Curry	Excused

Final YES: 11 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

02:03 PM -- Senate Bill 09-001

Representative Scanlan, prime sponsor, presented her bill concerning the establishment of community wildfire protection plans by county governments. The bill, recommended by the Interim Committee on Wildfire Issues in Wildland-Urban Interface Areas, requires the state forester to establish guidlines for Community Wildlife Protection Plans by Nov 15, 2009. She described the need for Community Wildfire Protection Plans and answered questions from the committee.

The following individuals testified on the bill.

02:11 PM -- Jeff Jahnke, Colorado State Forest Service, testified in favor of the bill. He described the importance of the plans to the state forest service. He described the wildland urban interface and discussed how community wildfire protection plans would help the State Forest Service manage this area.

02:16 PM -- Jeff Berino, Deputy Chief of Lake Dillon Fire Department and the Summit County Wildfire Council, testified in support of the bill. He stated that his community has a community wildfire plan that has been helpful to Summit County. He described a coordinating entity created in the plan which has been useful to wildfire planning in his community.

02:21 PM -- Gary Severson, Executive Director of the Northwest Colorado Council of Governments and the Colorado Bark Beetle Cooperative, testified in favor of the bill. He explained his involvement in developing wildfire protection plans in Summit County. He also described the community input that goes into developing community wildfire protection plans and noted that most of the areas in northwest Colorado have plans. He described how the plans work to prevent wildfires and the threats that fires pose to infrastructure. Mr. Severson ended by expressing his comfort with the oversight that the bill would give the State Forest Service. He responded to questions from the committee.

02:30 PM -- Chris Riley, Fire Chief for the City of Pueblo, testified in favor of the bill. He described some of the key benefits of the bill, including increased safety and greater protection for the state's economy. He answered questions from the committee concerning the jurisdiction of the fire chief and how the chief works with the State Forest Service. Chief Riley indicated that jurisdictional issues would be clarified in the wildfire protection plans.

02:36 PM -- Robert Harvey, Colorado Fire Chiefs Association and Leadville Lake County Fire, spoke his support of the bill. He began by explaining that he is a structure protection specialist. Mr. Harvey described how the existing community wildfire protection plans have worked in the areas of the state that have developed them. He also discussed some of the safety implications of community wildfire protection plans. He answered questions from the committee.

02:42 PM -- Chris Piper, Denver Water Department, testified in support of the bill. He explained that Denver Water supports the bill because the department owns property that includes some wildland urban interface areas.


BILL:	SB09-001
TIME:	02:44:12 PM
MOVED:	McNulty
MOTION:	Moved to refer Senate Bill 09-001 to the Committee of the Whole. The motion passed on a 10-3 roll call vote.
SECONDED:	Solano
		VOTE
	Gardner C.	Excused
	Hullinghorst	Excused
	Labuda	Yes
	Looper	Yes
	McKinley	Yes
	McNulty	Yes
	Pace	Yes
	Solano	Yes
	Sonnenberg	Yes
	Tipton	Excused
	Vigil	Yes
	Fischer	Yes
	Curry	Yes

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

02:47 PM -- House Bill 09-1199

Representative Scanlan, prime sponsor, described HB 09-1199 concerning increased efforts to address wildfire risk in connection with providing resources to the Colorado State Forest Service to augment its technical outreach capabilities and provide loans and grants for market-based and forest treatment solutions to reduce wildfire risk. Representative Scanlan invited Jeff Janke, Colorado State Forest Service, to the table to describe the bill. Mr. Janke and Representative Scanlan described the various provisions in the bill including how the bill would provide needed resources for the State Forest Service, the loan program in the bill, and the need for technical assistance. Representative Scanlan and Mr. Janke responded to questions from the committee.

02:55 PM

Mr. Jahnke described the importance of fire suppression and prescribed fire. The committee discussed various options for fire suppression and forest management through logging and prescribed fire. Mr. Jahnke provided an example of circumstances where prescribed fire is an important forest management tool in comparison to other management techniques. He also answered questions about how many acres are treated with prescribed fires.

03:02 PM

Mr. Jahnke responded to comments from the committee about management of the wildland urban interface and helping federal land management agencies conduct wildfire mitigation.

03:09 PM

Mr. Jahnke answered questions from the committee about forest management and the effect of prescribed burns on wildlife.

03:11 PM

Mr. Jahnke indicated that he supports amendments L.001 and L.002 that will be offered by the bill sponsor.

03:11 PM -- Jeff Berino, Lake Dillon Fire and Summit County Wildfire Council, spoke in favor of the bill. He explained that he particularly supports the provisions in the bill that provide local assistance regarding bio fuels and biomass because the area landfill if full. He also mentioned his support for the state funding match provisions, good neighbor authority, provisions that address replacing fire engines, and prescribed burns as a tool for forest management.

03:16 PM -- Casey Metz, Mile High Youth Corps, testified in favor of the bill. He described his field experience with the Youth Corps involving forest management. He discussed the benefits of hiring youth corps members. Representative Curry clarified with the bill sponsor that the bill identifies that whenever possible the Youth Corps should be used for forest management work.

03:22 PM -- Kelly Causey, Executive Director of Mile High Youth Corps, testified in favor of the bill. She described the mission of the Youth Corps and what the Youth Corps does. She stated that through the Youth Corps, the bill also promotes work force development. She responded to questions from the committee.

03:27 PM -- Gary Severson, Northwest Council of Governments and the Colorado Bark Beetle Cooperative, testified that both organizations support the bill. He stated that he especially supports the provisions in the bill that help with the implementation of community wildfire protection plans. He discussed the consensus among a variety of stakeholders regarding management of the wildland urban interface.

03:30 PM -- Heidi Van Huysen, Department of Natural Resources (DNR), gave an overview of the funding for the bill relating to severance tax dollars. She explained that the $2 million sought for the bill will be from severance tax dollars dependant on other legislation moving forward. She discussed funding cuts in the DNR to Tier 2 programs. She answered questions from the committee about why funding for the bill only extended one year. Representative Scanlan indicated that she would revisit the funding along the way and that mechanisms to transfer the funds will stay in place. The committee answered other questions about cuts to DNR programs.

03:37 PM -- Suzanne O'Neil, Colorado Wildlife Federation, testified in support of the bill. She described her participation in the grant review committee for the State Forest Service and concluded that additional technical assistance is needed in the State Forest Service.


BILL:	HB09-1199
TIME:	03:39:57 PM
MOVED:	Tipton
MOTION:	Moved amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:	Labuda
		VOTE
	Gardner C.
	Hullinghorst	Excused
	Labuda
	Looper
	McKinley
	McNulty
	Pace
	Solano
	Sonnenberg	Excused
	Tipton
	Vigil
	Fischer
	Curry

Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1199
TIME:	03:40:26 PM
MOVED:	Solano
MOTION:	Moved amendment L.002 (Attachment B ). The motion passed without objection.
SECONDED:	Fischer
		VOTE
	Gardner C.
	Hullinghorst	Excused
	Labuda
	Looper
	McKinley
	McNulty
	Pace
	Solano
	Sonnenberg	Excused
	Tipton
	Vigil
	Fischer
	Curry

Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1199
TIME:	03:40:54 PM
MOVED:	Solano
MOTION:	Moved amendment L.003 (Attachment C). The motion passed without objection.
SECONDED:	Labuda
		VOTE
	Gardner C.
	Hullinghorst	Excused
	Labuda
	Looper
	McKinley
	McNulty
	Pace
	Solano
	Sonnenberg
	Tipton
	Vigil
	Fischer
	Curry

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1199
TIME:	03:41:52 PM
MOVED:	Sonnenberg
MOTION:	Moved a conceptual amendment to add "county noxious weed programs" to Amendment L.003 for each command after "C.R.S." The motion passed without objection.
SECONDED:	Tipton
		VOTE
	Gardner C.
	Hullinghorst	Excused
	Labuda
	Looper
	McKinley
	McNulty
	Pace
	Solano
	Sonnenberg
	Tipton
	Vigil
	Fischer
	Curry

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1199
TIME:	03:43:37 PM
MOVED:	Fischer
MOTION:	Moved to refer House Bill 09-1199, as amended, to the Committee on Appropriations. Representative Scanlan provided closing comments and acknowledged other General Assembly members who provided input to the bill. Representative Sonnenberg explained his position on the bill. The motion passed on an 11-1 roll call vote.
SECONDED:	Solano
		VOTE
	Gardner C.	Yes
	Hullinghorst	Excused
	Labuda	Yes
	Looper	Yes
	McKinley	Yes
	McNulty	Yes
	Pace	Yes
	Solano	Yes
	Sonnenberg	No
	Tipton	Yes
	Vigil	Yes
	Fischer	Yes
	Curry	Yes

Not Final YES: 11 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:48 PM -- House Bill 09-1233

Representative Vigil, prime sponsor, presented his bill concerning the recognition of acequias and authorizing acequia water districts. He described the bill including the strike below amendment L001 (Attachment D) that changes the bill from authorizing acequia to be a water district to a mutual ditch. Representative Vigil provided some historical background on acequias and why a bill was needed.

The following individuals testified:

03:54 PM -- David Robbins, Colorado Water Congress and the Rio Grande Water Conservation District, testified that the Water Congress voted unanimously to support the bill with the amendment. He explained that L001 changes the way acequias are recognized and focuses instead on the mutual ditch statutes using the terms and conditions that are important to the community. He explained that the bill would not change the priorities of any of the ditches. Mr. Robbins explained the difference between a water conservancy and a mutual ditch and described the history of acequias ditches.

04:03 PM -- Joe Gallegos, San Luis People's Ditch, testified in favor of the bill. He described his family's history in founding the San Luis People's Ditch and the differing practices among farmers who use acequias ditches. He indicated that there is consensus among the acequis ditch owners in support of this bill. He indicated that he would prefer that acequias were recognized as water conservancy districts, but that the community is content with the amendment because they see it as a step in the right direction.

04:09 PM -- Dr. Devon G. Pena, San Luis People's Ditch and a professor at the University of Washington, testified in support of the bill, but expressed some concerns about the amendment. He provided some historical background on the acequia culture. He also described the ecosystem services and economic impacts of acequias farming.

04:24 PM -- John McClure, Costilla County Conservancy District, testified in support of the bill. He explained that the bill only affects four counties and that he does not see a downside to recognizing acequias.


BILL:	HB09-1233
TIME:	04:27:48 PM
MOVED:	Vigil
MOTION:	Moved amendment L.001 (Attachment D). The motion passed without objection.
SECONDED:	Solano
		VOTE
	Gardner C.
	Hullinghorst	Excused
	Labuda
	Looper
	McKinley
	McNulty
	Pace
	Solano
	Sonnenberg
	Tipton
	Vigil
	Fischer
	Curry

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

04:28 PM

Mr. Robbins answered a question from the committee about the structure of the acequia and whether it would establish a board with elected members. Mr. Robbins explained how the acequia allows each person on the ditch one vote, or however they choose to establish their bylaws.


BILL:	HB09-1233
TIME:	04:32:45 PM
MOVED:	Vigil
MOTION:	Moved to refer House Bill 09-1233, as amended, to the Committee of the Whole. The motion passed on a 11-0 roll call vote.
SECONDED:	Fischer
		VOTE
	Gardner C.	Yes
	Hullinghorst	Excused
	Labuda	Yes
	Looper	Yes
	McKinley	Yes
	McNulty	Yes
	Pace	Yes
	Solano	Yes
	Sonnenberg	Excused
	Tipton	Yes
	Vigil	Yes
	Fischer	Yes
	Curry	Yes

Final YES: 11 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

04:47 PM -- House Bill 09-1255

The committee took up HB 09-1255, sponsored by Representative C. Gardner, concerning limitations on the conditions imposed by the Colorado Oil and Gas Conservation Commission on oil and gas operations to implement recommendations made by state entities other than the commission. Testimony was heard on the bill on February 17. Representative Gardner distributed a letter from the Moffat County Commissioners (Attachment E), the Mesa County Board of Commissioners (Attachment F), and Action 22 (Attachment G).

The following individuals testified on the bill:

04:48 PM -- Suzanne O'Neill, Colorado Wildlife Federation, testified in opposition to the bill. She explained how the bill reduces the Division of Wildlife's consultation role and explained what species would require consultation under the rules. She described data that the oil and gas industry is affecting the hunting and fishing industry. Ms. O'Neill answered questions from the committee concerning the existing role of the Division of Wildlife in consultation, property rights, and land owner consent.

05:10 PM

Representative Looper distributed a letter from the Colorado Attorney General (Attachment H) that stated that he believes there are aspects of the rules that are problematic from a public policy perspective. Representative Curry distributed a legal memorandum from Legislative Legal Services (Attachment I).

05:11 PM -- Ivan James, Colorado Bowhunters Association, testified against the bill. Mr. James explained his organizations history in the Colorado Oil and Gas Conservation Commission rulemaking process. He stated his agreement with Mr. Neslin's testimony from the previous day. He indicated his support for the consultation role of the Division of Wildlife in the COGCC rules. He responded to questions and comments from the committee regarding the negative affects of oil and gas development to wildlife.

05:20 PM -- Michael Freeman, EarthJustice, testified against the bill. He explained the coalition of community groups that supported the legislation that created the COGCC. He described the rules that relate to permitting decisions and the permitting process. He also described the rules that the COGCC did not adopt that would have made the process more stringent. Mr. Freeman pointed out that most of the restricted surface occupancy areas (RSOs) are in Western Colorado and that most of the people who testified yesterday were from Eastern Colorado and explained ways that landowners can waive the RSOs. He described the economic impact that hunting and fishing has in the state. He also stated that companies are in the process of preparing comprehensive drilling plans that are specified in the rules. He responded to questions and comments from the committee.

05:35 PM

The committee discussed a provision in the bill that would not allow the commission to deny a permit or application as a result of a failure to obtain the consent of the surface owner.

05:46 PM

The committee discussed incentives for landowners to protect wildlife habitat without additional regulation.

05:52 PM

The committee discussed whether or not a high percentage of wildlife inhabit private lands.

05:55 PM -- Ken Wonstolen, Colorado Oil and Gas Association, testified in favor of the bill. He discussed consultation as required in the rules and how this would be changed by the bill. He also expressed his concern that landowner consent should be required for issues concerning their property. Mr. Wonstolen explained that this bill corrects the rules so that they are in line with the HB07-1298, the bill that authorized the COGCC to conduct the rulemaking process. Mr. Wonstolen distributed a map of sensitive wildlife habitat areas and an explanation of the Colorado Oil and Gas Association's position on the bill (Attachments J and K).

06:14 PM

Mr. Wonstolen continued to discuss his views on the bill in relation to private property rights.

06:16 PM

The committee discussed the General Assembly's intent with regards to HB07-1298.

06:18 PM -- Donnah Moody, CACI, testified in support of the bill. She expressed her concern about the consideration of the industry's input through the rulemaking process. She answered questions from the committee about the industry's participation in the rulemaking process.

06:29 PM -- Virginia Love, Colorado Competitive Council and the Pueblo Chamber of Commerce, spoke in support of the bill. She stated that she supports the bill from a business and economic perspective because of the uncertainty the rules create. She discussed an article in the Pueblo Chieftain about industry layoffs. The committee discussed the economic impact of the rules.

06:43 PM -- Troy Bredenkamp, Colorado Farm Bureau, testified in favor of the bill. He discussed how the COGCC voted on the rules. He answered questions from the committee regarding property rights. Mr. Bredenkamp discussed what landowners can do with their property and responded to additional questions from the committee.

07:04 PM -- Mr. Bredenkamp continued to respond to questions from the committee about the rules in relation to the restrictions they place on landowners.

07:06 PM -- Sue Jarrett, a rancher from Yuma County, spoke in support of the bill. She stated that she was very involved in the stakeholder meetings on the oil and gas rules. She discussed her personal experiences with balancing wildlife and oil and gas development. She stated that without specific surface landowner consent in the rules, a landowner refusing to have a wildlife assessment could have development permits withheld until the assessment occurs. Ms. Jarrett distributed a Yuma County petition (Attachment L) and a handout from the Colorado Independent Cattlegrowers Association (Attachment M). She discussed a prairie chicken tour that draws significant tourism to Yuma County each year that occurs on a ranch with significant oil and gas development.

07:17 PM -- Ms. Jarrett continued her testimony and talked specifically about the section of the bill regarding the recusal of the members of the COGCC in appeals. She continued her remarks on the need for this bill.

07:29 PM -- Stan Dempsey, Colorado Petroleum Association, testified in support of the bill. He stated that this bill clarifies HB07-1298. He discussed specific portions of the bill that address the cost benefit analysis. He expressed concern for how the rules would be applied to federal land and emphasized that there was more than one rule that did not have a unanimous vote by the COGCC.

07:36 PM -- Dave Neslin, Acting Director of the COGCC, responded to earlier questions and comments from the committee. He discussed the consultation process outlined in HB07-1298. He described the precedent for establishing the types of rules that the COGCC developed. Mr. Neslin referenced other appeals processes where heads of departments are able to be involved in the decision-making process. He clarified that wildlife assessments are not required by the rules and discussed some of the issues about the uncertainty created by the rules that were raised in earlier testimony. He responded to questions from the committee.

07:56 PM -- The committee discussed a letter from Cathy Garcia, Action 22, which was distributed to the committee earlier (Attachment G). The letter explained Action 22's opposition to the bill.

07:57 PM -- Ken Wonstolen, provided a brief response to Mr. Neslin's comments.

07:59 PM

The committee recessed.

08:04 PM

Representative Curry took the bill off the table. She explained that she spoke with the Speaker of the House and obtained his position. She said the committee would draft amendments and take up the bill at a later date.


BILL:	HB09-1255
TIME:	08:05:57 PM
MOVED:	McNulty
MOTION:	Moved to refer House Bill 09-1255 to the Committee on Appropriations. The committee discussed amendments Representative Gardner intended to offer. A substitute motion was made and passed. See vote sheet below.
SECONDED:	Tipton
		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: TIE


BILL:	HB09-1255
TIME:	08:06:15 PM
MOVED:	Fischer
MOTION:	Moved to lay HB-1255 over until next week. The motion passed on a 7-6 roll call vote.
SECONDED:	Hullinghorst
		VOTE
	Gardner C.	No
	Hullinghorst	Yes
	Labuda	Yes
	Looper	No
	McKinley	No
	McNulty	No
	Pace	Yes
	Solano	Yes
	Sonnenberg	No
	Tipton	No
	Vigil	Yes
	Fischer	Yes
	Curry	Yes

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

08:18 PM -- House Bill 09-1194

Representative Curry, prime sponsor, presented HB 09-1194 concerning accrual of a cause of action upon discovery of a breach of royalty obligation. The bill extends the period of time for which a person may take legal action for unpaid royalties. Specifically, a cause of action for money owed due to a breach of a royalty obligation accrues on the date the breach is discovered or should have been discovered by the exercise of reasonable diligence. Representative Curry indicated that because of the time at night, may of the witnesses had gone home. She asked that the bill be laid over and taken up by the committee next week. The witnesses in attendance indicated that they would prefer to testify when the bill was taken up by the committee at a later date.

08:22

The bill was laid over until a time to be determined.

08:24 PM

The committee adjourned.