Senate Committee on Local Government and Energy (02/24/2009)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON LOCAL GOVERNMENT AND ENERGY

Date:	02/24/2009	ATTENDANCE

Time:	02:04 PM to 04:04 PM	Cadman	X
		Hodge	X
Place:	SCR 353	Kester	X
		Lundberg	X
This Meeting was called to order by		Newell	X
	Senator Schwartz	Foster	X
		Schwartz	X
This Report was prepared by
	Kori Donaldson
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB09-1072 HB09-1005 HB09-1092		Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole Referred to the Committee of the Whole

02:04 PM -- House Bill 09-1072

The committee was called to order. A quorum was present. Senator Evie Hudak, prime sponsor, presented House Bill 09-1072, which expands the powers and duties of the State Librarian within the Department of Education to include serving as the repository of the bylaws and the legal service area maps of all library districts. Senator Hudak made some introductory remarks about the bill and addressed questions from the committee.

The following people testified on the bill:

02:08 PM -- Ms. Eloise May and Ms. Jacqueline Murphy, representing the Colorado Association of Libraries, spoke in support of the bill. Ms. May explained the need for changes to the governance of library districts. She said that when the economy is bad, library use increases. Ms. May listed some of the uses of public libraries, including providing resources for job hunters. She then addressed a question about the existing challenges to forming library districts. Ms. Murphy said the goal of bill is to draw from the experience of various library districts to clean up existing law. Ms. Murphy pointed out parts of the bill that facilitate the formation of new library districts, including Sections 1, 3, and 4.

02:19 PM

Senator Hudak said the bill has no fiscal impact and made some concluding remarks about the bill. Senator Lundberg said that the formation of a new library district in his Senate District led to additional property taxes. Discussion ensued.


BILL:	HB09-1072
TIME:	02:29:24 PM
MOVED:	Foster
MOTION:	Refer House Bill 09-1072 to the Committee of the Whole with a favorable recommendation. The motion carried on a vote of 6-1.
SECONDED:
		VOTE
	Cadman	No
	Hodge	Yes
	Kester	Yes
	Lundberg	Yes
	Newell	Yes
	Foster	Yes
	Schwartz	Yes

Final YES: 6 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:30 PM -- House Bill 09-1005

Senator Jennifer Veiga, prime sponsor, presented House Bill 09-1005, which allows a special district to establish special improvement districts within its boundaries to finance the costs of any improvements that the special district is authorized to finance. Senator Veiga made some introductory remarks about the bill.

The following people testified on the bill:

02:33 PM -- Mr. Dee Wisor, representing the Colorado Municipal Bond Dealers Association, spoke in support of the bill. Mr. Wisor spoke about the need to grant special districts the authority to establish special improvement districts within their boundaries. Mr. Wisor addressed questions from the committee.

02:39 PM -- Mr. Rick Fuller, representing the Highland Hills Parks and Recreation District, spoke in support of the bill. Mr. Fuller spoke to a potential amendment to the bill. Mr. Jerry Braden, also representing the Colorado Municipal Bond Dealers Association, came to the table to address a question about the potential amendment.

02:43 PM -- Mr. Bob Brooks, representing R.S. Wells L.L.C., spoke in support of the bill. Mr. Brooks explained that the formation of special improvement districts is a tool available to local governments in order to levy property taxes to make improvements. Mr. Brooks addressed questions from the committee. Mr. Wisor returned to the table to address questions about who might be assessed a property tax within a special district, and the authority of a special district to issue bonds.

02:53 PM

Senator Veiga distributed amendment L.001 (Attachment A).


BILL:	HB09-1005
TIME:	02:54:07 PM
MOVED:	Newell
MOTION:	Refer House Bill 09-1005, as amended, to the Committee of the Whole with a favorable recommendation. The motion carried 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

Prior to the vote, Senator Veiga addressed questions from the committee. Mr. Wisor returned to the table to address a question about the law regarding special districts. Discussion ensued.


BILL:	HB09-1005
TIME:	02:54:54 PM
MOVED:	Newell
MOTION:	Adopt amendment L.001 (Attachment A). 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: Passed Without Objection

Prior to the vote, Senator Veiga briefly explained amendment L.001.

03:03 PM -- House Bill 09-1092

Senator Ken Kester, prime sponsor, presented House Bill 09-1092, which exempts certain routine landscape maintenance activities from the excavation notification statute. Senator Kester made some introductory remarks about the bill.

The following people testified on the bill:

03:05 PM -- Mr. Darrel Vanhooser and Mr. Stan Dempsey, representing the Colorado Petroleum Association, spoke in opposition to the bill. Mr. Vanhooser expressed concern about any bill that gives an excavation exemption because he believes it is a risk to public safety. Committee members received an Asset Map Overview showing "high consequence areas" from Mr. Dempsey (Attachment B). Mr. Dempsey said it is easy to request assistance in locating underground facilities such as oil pipelines. He then addressed a question about the federal pipeline safety act. Mr. Vanhooser spoke to the definition of "high consequence area" included in the federal pipeline safety act. Discussion turned to provisions in current law requiring private property owners to identify underground facilities prior to any excavation.

03:18 PM -- Ms. Mary Dechant, representing Metro Wastewater, spoke in opposition to the bill. Committee members received a picture of materials dumped and retrieved from a manhole in the metro area (Attachment C). Ms. Dechant said Metro Wastewater is very concerned about any excavations near its facilities for safety reasons.

03:24 PM -- Ms. Margy Christianson, representing Marathon Oil and Source Gas, spoke in opposition to the bill. Ms. Christianson expressed her concern about the possibility of causing an explosion if a natural gas pipeline is pierced while someone is digging.

03:28 PM -- Mr. Todd Williams, representing American Civil Constructors, spoke in support of the bill. Mr. Williams said the bill is about enhancing safety and explained how current law is restrictive. He described routine maintenance activities that should not require a call prior to executing. Mr. Williams addressed questions from the committee.

03:38 PM -- Mr. Jeff Oxley, representing Swingle Lawn, Tree, and Landscape Care, spoke in support of the bill. Mr. Oxley explained that over 70 percent of his business includes routine landscape maintenance for residential customers. He said that any time the soil may be disturbed during routine landscape maintenance, such as aeration or fertilization, he must first call for a location of any underground resources prior to the service. Mr. Oxley addressed questions from the committee.

03:46 PM -- Ms. Kristen Fefes, representing the Associated Landscape Contractors of Colorado, spoke in support of the bill. Ms. Fefes spoke to the intent of the bill regarding the allowance of routine landscape maintenance and said that the tasks that will be exempted from the excavation notice are shallow dig tasks. Ms. Fefes also spoke to amendments to the bill that were passed in the House.

03:51 PM -- Mr. John McCormick, representing Qwest, spoke in opposition to the bill. He said Qwest does not have a memorandum of understanding with landscapers in the state regarding waiving a requirement for notification prior to routine landscape maintenance. He said the requirement to notify businesses two days prior to digging is reasonable. Mr. McCormick addressed questions from the committee.

03:59 PM


BILL:	HB09-1092
TIME:	03:59:57 PM
MOVED:	Kester
MOTION:	Refer House Bill 09-1092 to the Committee of the Whole with a favorable recommendation. 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

Prior to the vote, Senator Kester addressed a question about a potential conceptual amendment. He also addressed a question about the language of the reengrossed bill on page 2, line 22 of the bill.

04:04 PM

The committee adjourned.