Senate Committee on Local Government and Energy (04/16/2009)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON LOCAL GOVERNMENT AND ENERGY

Date:	04/16/2009	ATTENDANCE

Time:	10:38 AM to 11:39 AM	Cadman	X
		Hodge	X
Place:	SCR 353	Kester	X
		Lundberg	*
This Meeting was called to order by		Newell	*
	Senator Schwartz	Foster	X
		Schwartz	X
This Report was prepared by
	David Beaujon
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Conf 09-Coal Mine Board of Examiners Conf 09-Oil and Gas Conservation Commission SB09-238 SB09-232		Favorably Refer to the Full Senate Favorably Refer to the Full Senate Postponed Indefinitely Amended, Referred to the Committee of the Whole

10:39 AM -- Consideration of the Governor's Appointment to the Coal Mine Board of Examiners

Senator Schwartz welcomed the Governor's appointments to the Coal Mine Board of Examiners and invited them to describe their interest and experience in serving on the Board (Attachment A).

10:39 AM

Ron Cattany, Director of the Division of Reclamation and Mining Safety, introduced the Governor's appointments to the Coal Mine Board of Examiners.

10:40 AM

Crecencio O. Salazar of Hayden described his experience and interest in serving on the Board. Mr. Salazar was reappointed to serve as a coal miner of known experience and practice in underground coal mining residing in the State of Colorado and actively engaged in the coal mining industry during the term of office.

10:41 AM

Trent A. Peterson of Durango described his experience and interest in serving on the Board. Mr. Peterson was reappointed to serve as an engineer experienced in coal mining.

10:46 AM

Robert L. Wade of Nucla described his experience and interest in serving on the Board. Mr. Wade was appointed to serve as a Colorado mine owner, operator, manager or other mine official actively engaged in the underground coal mining industry during the term of office.

10:49 AM

Karl C. Koehler of Hayden described his experience and interest in serving on the Board. Mr. Koehler was reappointed to serve as a Colorado coal mine owner, operator, manager or other mine official actively engaged in the surface coal mining industry during the term of office.


BILL:	Conf 09-Coal Mine Board of Examiners
TIME:	10:51:48 AM
MOVED:	Foster
MOTION:	Moved to refer to the full Senate with favorable recommendations the following Governor's appointments to the Coal Mine Board of Examiners: Trent A. Peterson, Robert L. Wade, Crecencio O. Salazar, and Karl C. Koehler for terms expiring July 1, 2012. The motion passed on a vote of 7-0.
SECONDED:
		VOTE
	Cadman	Yes
	Hodge	Yes
	Kester	Yes
	Lundberg	Yes
	Newell	Yes
	Foster	Yes
	Schwartz	Yes

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

10:54 AM -- Consideration of the Governor's Appointment to the Colorado Oil and Gas Conservation Commission

Senator Schwartz welcomed the Governor's appointment to the Colorado Oil and Gas Conservation Commission and invited her to describe her experience and interest in serving on the Commission (Attachment B).

10:56 AM

Harris Sherman, Executive Director of the Colorado Department of Natural Resources described the experience of Dr. Craig and spoke in support of her appointment of the Commission.

10:58 AM

Dr. DeAnn "Dolly" Craig of Denver, Colorado, described her experience and interest in serving on the commission. Dr. Craig was appointed for a term expiring July 1, 2012 to serve as a member with substantial experience in the oil and gas industry and with a college degree in petroleum geology or petroleum engineering, and as a Republican.


BILL:	Conf 09-Oil and Gas Conservation Commission
TIME:	11:05:13 AM
MOVED:	Foster
MOTION:	Moved to refer to the full Senate with favorable recommendations the following Governor's appointment to the Colorado Oil and Gas Conservation Commission: Dr. DeAnn "Dolly" Craig appointed for a term expiring July 1, 2012. The motion passed on a vote of 7-0.
SECONDED:
		VOTE
	Cadman	Yes
	Hodge	Yes
	Kester	Yes
	Lundberg	Yes
	Newell	Yes
	Foster	Yes
	Schwartz	Yes

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

11:05 AM

The Committee recessed.

11:09 AM -- Senate Bill 09-238

Senator Mitchell, sponsor, described the provision of Senate Bill 09-238 that was recommended by the Joint Select Committee on Job Creation and Economic Growth. The introduced bill defines "permit fees" and limits these fees to the lesser of the local government's actual costs of issuing the permit, or $500. The bill creates a private right of action for an individual against a local government that violates this limit. He requested that the committee postpone indefinitely Senate Bill 09-238.

Senator Schwartz distributed Amendment L.002 (Attachment C). This amendment was not offered.

There was no testimony on the bill.


BILL:	SB09-238
TIME:	11:12:15 AM
MOVED:	Cadman
MOTION:	Moved to postpone indefinitely Senate Bill 09-238. The motion passed on a vote of 7-0.
SECONDED:
		VOTE
	Cadman	Yes
	Hodge	Yes
	Kester	Yes
	Lundberg	Yes
	Newell	Yes
	Foster	Yes
	Schwartz	Yes

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

11:14 AM

The committee recessed.

11:14 AM

The committee recessed.

11:14 AM -- Senate Bill 09-232

Senator Schwartz, sponsor, described the provision of Senate Bill 09-232 that was recommended by the Joint Select Committee on Job Creation and Economic Growth. The bill creates a process that authorizes state financial assistance for local capital construction projects. She also distributed Amendment L. 001 that strikes everything below the enacting clause - essentially creating a new bill under the existing title (Attachment D). The amendment requires the Executive Director of the Department of Local Affairs, the State Treasurer, the Director of the Colorado Office of Economic Development, or their designees and the members of the Energy Impact Assistance Advisory Committee to work with affected stakeholders to evaluate the priorities and opportunities associated with the Local Government Permanent Fund. She explained that the Local Government Permanent Fund that was created by Senate Bill 08-218 in Section 34-60-102, C.R.S., to receive federal mineral lease revenue.

The following persons testified on the bill:

11:23 AM -- Bruce Eisenhauer, Deputy Director of the Department of Local Affairs, spoke in support of Amendment L. 001 and responded to questions from the committee about the Department's ability to assist with the review of the use of moneys in the Local Government Permanent Fund.

11:31 AM -- Chris Mendez, Colorado Counties, Inc., commented on Senate Bill 09-232 and described the willingness of his organization willingness to participate in the review of the use of moneys in the Local Government Permanent Fund.


BILL:	SB09-232
TIME:	11:34:52 AM
MOVED:	Schwartz
MOTION:	Moved Amendment L 001 that strikes everything below the enacting clause and creates a working group to make legislative recommendations by January 31, 2010. The motion passed without objection.
SECONDED:
		VOTE
	Cadman
	Hodge
	Kester
	Lundberg
	Newell
	Foster
	Schwartz
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB09-232
TIME:	11:34:31 AM
MOVED:	Schwartz
MOTION:	Moved to the refer Senate Bill 09-232 to the Committee of Whole, as amended. The motion passed 5-2.
SECONDED:
		VOTE
	Cadman	No
	Hodge	Yes
	Kester	Yes
	Lundberg	No
	Newell	Yes
	Foster	Yes
	Schwartz	Yes
Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

11:38 AM

The meeting adjourned.