Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON AGRICULTURE AND NATURAL RESOURCES

Date:04/23/2009
ATTENDANCE
Time:01:37 PM to 04:18 PM
Brophy
*
Gibbs
X
Place:SCR 356
Harvey
X
Kester
X
This Meeting was called to order by
Schwartz
*
Senator Isgar
Hodge
X
Isgar
X
This Report was prepared by
David Beaujon
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB09-293
HB09-1330
HB09-1317
HB09-1317		Amended, Referred to the Committee of the Whole
Referred to Appropriations
Referred to the Committee of the Whole
Referred to the Committee of the Whole


01:37 PM -- Senate Bill 09-293

Senator Isgar, sponsor, described the provisions of Senate Bill 09-293 concerning the Operational Account of the Severance Tax Trust Fund. The introduced bill adjusts appropriations in current law to Tier 2 transfers out of the Operational Account to address a projected revenue loss to the fund for FY 2009-10. State law allocates moneys from the Operational Account of the Severance Tax Trust Fund to two different groups of programs, commonly referred to as Tier 1 and Tier 2 programs. The Tier 2 moneys are primarily used for grants, loans, research, and construction programs that are administered by the Department of Natural Resources. Tier 2 programs include the Water Supply Reserve Account, Forest Health Grants, Soil Conservation District Matching Grants, and the Low-Income Energy Assistance Program (LEAP).

The following persons testified on the bill:

01:42 PM -- Bill Levine, Department of Natural Resources Budget Director, described transfers from the Operational Account of the Severance Tax Trust Fund under current law and how these transfers affect the money available for the Tier 2 programs (Attachment A, Page 1 "Baseline No Legislation"). He explained that under current law, funding for Tier 2 programs must be reduced by 45 percent. He also described options for addressing revenue shortfalls for Tier 2 programs and identified legislation that increase transfers from the Operational Account, thereby reducing revenue available for the Tier 2 programs.

090423AttachA.pdf

01:50 PM -- Heidi VanHuysen, Department of Natural Resources, commented on Amendment L.001. (Attachment B).

090423AttachB.pdf

01:54 PM

Senator Isgar explained that Amendment L. 001 adjusts the FY 2009-10 transfers from Operational Account of the Severance Tax Trust Fund to the Water Supply Reserve Account and the Low Income Energy Assistance Fund.

01:54 PM -- Ms. VanHuysen explained the information in a spreadsheet concerning the transfers from the Operational Account according to the introduced Senate Bill 09-293 (Attachment A, Page 5) and the transfers if Amendment L. 001 is adopted (Attachment A, Page 7). She explained how Amendment L.001 would affect transfers for forest health programs that are expected to receive additional federal moneys. She also described the moneys available for the Water Supply Reserve Account and Water Efficiency Grant Fund.

02:01 PM -- Gary Barber, El Paso County Water Authority, Chair of the Arkansas Basin Roundtable, explained how the roundtable used Operational Account moneys transferred to Water Supply Reserve Account.

02:04 PM -- Jim Miller, Colorado Department of Agriculture, spoke in support of the bill and described how conservation districts used the moneys appropriated in House Bill 06-1393 for conservation districts. This grants program provides moneys to local conservation districts to help them compete for matching federal dollars available for technical assistance in addressing various conservation concerns.

02:06 PM -- Julie McKenna, Colorado Water congress, Northern Colorado Water Conservancy District, and the Denver Water Department, spoke in support of the bill and described the need to fund the control of aquatic invasive species such as the zebra mussels that can damage pipes and other water infrastructure.


02:08 PM -- Troy Bredenkamp, Colorado Farm Bureau, explained that the Board of Directors of the Colorado Farm Bureau has not taken a position on the bill. However, he expressed tentative support for the bill. He also expressed concern about Amendment L. 001.
BILL:SB09-293
TIME: 02:10:34 PM
MOVED:Isgar
MOTION:Moved Amendment L. 001. The motion passed without objection.
SECONDED:
VOTE
Brophy
Gibbs
Harvey
Kester
Schwartz
Hodge
Isgar
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

02:12 PM

Committee discussion followed about funding for Low-Income Energy Assistance. Harris Sherman, Executive Director of the Colorado Department of Natural Resources, responded to questions from the committee about cuts to other programs administered by the department.
BILL:SB09-293
TIME: 02:18:29 PM
MOVED:Isgar
MOTION:Moved to refer Senate Bill 09-293 to the Committee of the Whole, as amended. The motion passed on a vote of 7-0.
SECONDED:
VOTE
Brophy
Yes
Gibbs
Yes
Harvey
Yes
Kester
Yes
Schwartz
Yes
Hodge
Yes
Isgar
Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:19 PM -- House Bill 09-1330

Senator Isgar, sponsor, described the provision of House Bill 090-1330 that increases fees for concentrated animal feeding operations and housed commercial swine feeding operations collected by the Water Quality Division in the Department of Public Health and Environment (CDPHE). Fees are increased for the period from July 1, 2009, to July 1, 2012. It requires that the funds be used for permitting and oversight of these operations by the division.

The following persons testified on the bill:

02:21 PM -- Phyllis Woodford, described the CDPHE Environmental Agriculture Program and identified the number of large animal feeding operations and swine facilities in the state that are regulated under the program. She explained how the CDPHE coordinates with other governmental entities including the Colorado Department of Agriculture. She also responded to questions from the committee about the fiscal impact of the bill and explained how facilities are allowed to operate without water discharge permits.

02:31 PM -- Trevor Tuell, Tuelland Inc, explained that he operates an unpermitted operation and spoke in support of the bill. He also described the benefits of the state-administered Environmental Agriculture program in comparison to a federally administered program by the Environmental Protection Agency.

02:33 PM -- Ivan Stanke, Colorado Pork Producers Council, Colorado Livestock Association, spoke in support of the bill and explained the differences between permitted and unpermitted operations.


02:37 PM -- Ms Woodford returned to answer a question from the committee about the department's inspection policies for permitted and unpermitted facilities.
BILL:HB09-1330
TIME: 02:37:12 PM
MOVED:Isgar
MOTION:Moved to refer House Bill 09-1330 to the Committee on Appropriations without amendment. The motion passed on a vote of 7-0.
SECONDED:
VOTE
Brophy
Yes
Gibbs
Yes
Harvey
Yes
Kester
Yes
Schwartz
Yes
Hodge
Yes
Isgar
Yes
Not Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:38 PM

The committee recessed.

02:48 PM -- House Bill 09-1317

Senator Kester, sponsor, described the provisions of House Bill 09-1317 that prohibits the State Board of Land Commissioners from selling or leasing any property it holds in trust to the U.S. Department of Defense (DOD) for expansion of the Piņon Canyon maneuver site. It requires the Attorney General to make it a priority to oppose any attempt by the federal government to acquire state lands associated with the expansion of the maneuver site, for which consent to acquire has been withdrawn.

The following persons testified on the bill:

02:52 PM -- Commissioner Jim Montoya, Las Animas County, spoke in support of the bill (Attachment C).

090423AttachC.pdf

02:52 PM -- Commissioner Gary Hill, Las Animas County, spoke in support of the bill.

02:53 PM -- Harris Sherman, Executive Director of the Colorado Department of Natural Resources, spoke in support of the bill. He also expressed concern about the effect of the bill if a ranch that surrounds State Land Board lands is sold to the DOD and the State Board of Land Commissioners is prohibited from selling or leasing the property to the DOD (Attachment D).

090423AttachD.pdf

03:03 PM -- Tyrel Barry, representing himself, described the loss of his grandmother's ranch that was condemned by the Department of Defense and he spoke in support of the bill.

03:09 PM -- Patrick DuRan, representing himself, described the loss of his family's ranch that was condemned by the Department of Defense and he spoke in support of the bill.

03:11 PM -- Brooke Grissom, representing herself, expressed concern about the impact to her family if the DOD expands the Pinon Canyon maneuver site and spoke in support of the bill.

03:13 PM -- Shiann Sallee, representing herself, expressed concern about the impact to her family if the DOD expands the Pinon Canyon maneuver site and spoke in support of the bill.

03:16 PM -- Avery Hollingsworth, representing himself, expressed concern about the impact to his family if the DOD expands the Pinon Canyon maneuver site and spoke in support of the bill.

03:18 PM -- Kimmi Walter, representing herself, expressed concern about the impact to her family if the DOD expands the Pinon Canyon maneuver site and spoke in support of the bill.

03:22 PM -- Commisioner Kevin Karney, Otero County, Souther Colorado Economic Development District, spoke in support of the bill.

03:25 PM -- Troy Bredenkamp, Executive Director of the Colorado Farm Bureau, spoke in support of the bill.

03:27 PM -- Kennie Gyurman, representing himself, expressed concern about the impact to his family's ranch if the DOD expands the Pinon Canyon maneuver site and spoke in support of the bill.

03:30 PM -- Abel Benavidez, representing himself, expressed concern about the impact to his family's ranch if the DOD expands the Pinon Canyon maneuver site and spoke in support of the bill.

03:32 PM -- Shirit Stern, Colorado Cattlemen's Association, spoke in support of the bill.

03:34 PM -- Rebecca Goodwin, Otero County Preservation Board, spoke in support of the bill.

03:36 PM -- Mack Louden, Not 1 More Acre, spoke in support of the bill and described litigation with the DOD concerning the proposed Pinon Canyon maneuver site expansion.

03:42 PM -- Grady Grissom, Rancho Largo Cattle Company, Pinon Canyon Expansion Opposition Coalition, spoke in support of the bill. He also spoke in opposition to amending the bill to address Mr. Sherman's concern about the potential impact of the bill on State Board of Land Commissioner lands surrounded by land that is willingly sold to the DOD.

03:46 PM -- Tom Verquer, Las Animas County Farm Bureau, spoke in support of the bill.

03:48 PM -- Doug Holdread, Pinon Canyon Expansion Opposition Coalition, described the history and culture of the Pinon Canyon area and spoke in support of the bill.

03:51 PM -- Steve Wooten, Pinon Canyon Expansion Opposition Coalition, described the biological resources of the Pinon Canyon maneuver expansion area and spoke in support of the bill. He also distributed a copy of the Southeastern Colorado Survey of Critical Biological Resources 2007 that was conducted by Colorado State University and the Natural Heritage Program. For a copy of this report, contact Colorado Natural Heritage Program of the Colorado State University or visit www.cnhp.colostate.edu or www.pinoncanyon.com/documents/BioExecSum.pdf.

04:01 PM -- Lon Robertson, Pinon Canyon Expansion Opposition Coalition, described the biological resources of the Pinon Canyon maneuver expansion area and spoke in support of the bill. He also described efforts by the DOD to obtain land for the expansion from willing sellers and the effect of the bill on these efforts.

04:06 PM -- Mr. Louden returned to respond to questions from the committee about efforts by the DOD and an unnamed private conservation organization to obtain conservation easements in the Pinon Canyon area.

04:09 PM -- Eugene Ritchey, representing himself, spoke in opposition to the proposed expansion of the DOD's Piņon Canyon maneuver site and in support of the bill.

04:12 PM -- Commissioner Montoya returned to explain that the DOD's environmental impact statement (EIS) is based on an assumption that there will be no live fire in the proposed expansion area.

04:13 PM

Senator Kester closed his remarks on the bill.
BILL:HB09-1317
TIME: 04:15:44 PM
MOVED:Kester
MOTION:Moved to refer House Bill 09-1317 to the Committee of the Whole, without amendment. The motion passed on a vote of 6-0.
SECONDED:
VOTE
Brophy
Excused
Gibbs
Yes
Harvey
Yes
Kester
Yes
Schwartz
Yes
Hodge
Yes
Isgar
Yes
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

04:17 PM

The meeting adjourned.