S_AGR_2017A 02/09/2017 Committee Summary
Final
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON AGRICULTURE, NATURAL RESOURCES, & ENERGY
| Date: | 02/09/2017 |
ATTENDANCE
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| Time: | 01:32 PM to 04:58 PM |
Cooke
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X
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Coram
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X
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| Place: | SCR 357 |
Donovan
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X
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Fenberg
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X
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| This Meeting was called to order by |
Fields
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X
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| Senator Sonnenberg |
Garcia
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X
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Jones
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X
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| This Report was prepared by |
Marble
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X
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| David Beaujon |
Scott
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X
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Baumgardner
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X
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Sonnenberg
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X
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X = Present, E = Excused, A = Absent, * = Present after roll call
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| Bills Addressed: | Action Taken: | ||
| Conf 17-Water Resources And Power Development Authority — Colorado Conf 17-Public Utilities Commission HB17-1030 SB17-100 SB17-109 SB17-036 HJR17-1003 |
Favorably Refer to Full Senate - Consent Favorably Refer to Full Senate Amended, Referred to the Committee of the Whole - Consent Calendar Amended, Referred to the Committee of the Whole - Consent Calendar Amended, Referred to the Committee of the Whole - Consent Calendar Referred to the Committee of the Whole - Consent Calendar Favorably Refer to Full Senate |
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01:33 PM -- Confirmation of Colorado Water Resources And Power Development Authority
Senator Sonnenberg explained that Mr. Steven Price -- appointed as a resident of the City and County of Denver and experience in planning and development of water projects - appeared before the committee on February 2, 2017, to explain why he wanted to be appointed to the Colorado Water Resources and Power Development Authority (Attachment A). Consequently, the committee will consider Mr. Price's appointment in absentia at today's meeting.
170209 AttachA.pdf
| BILL: | Conf 17-Water Resources And Power Development Authority — Colorado | |
| TIME: | 01:33:32 PM | |
| MOVED: | Baumgardner | |
| MOTION: | Refer the appointment of Steven Price to the Colorado Water Resources And Power Development Authority to the full Senate with a favorable recommendation and a recommendation that it be placed on the consent calendar. The motion passed on a vote of 11-0. | |
| SECONDED: | ||
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VOTE
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Cooke
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Yes
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|
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Coram
|
Yes
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|
|
Donovan
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Yes
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|
|
Fenberg
|
Yes
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|
|
Fields
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Yes
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|
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Garcia
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Yes
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|
|
Jones
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Yes
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|
Marble
|
Yes
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|
Scott
|
Yes
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|
Baumgardner
|
Yes
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|
|
Sonnenberg
|
Yes
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Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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01:34 PM -- Confirmation of Public Utilities Commission
Doug Dean, Executive Director, Colorado Public Utilities Commission (PUC), discussed the role of the commission and introduced Wendy Moser as the Governor's appointment to the PUC.
01:37 PM
Wendy Moser -- of Highlands Ranch, appointed for a term expiring on January 7, 2019, and as a Republican -- discussed her experience and interest in serving on the PUC (Attachment B). Director Moser responded to questions from the committee about her experience as an employee of Black Hills Energy, Inc., and her interest in serving on the PUC.
170209 AttachB.pdf
01:40 PM
Senator Garcia announced that he distributed a packet of letters addressed to him that expressed concern about Director Moser's appointment (Attachment C). He also asked Director Moser to explain certain actions taken by Black Hills Energy, including recent rate increases.
170209 AttachC.pdf
01:55 PM
Director Moser responded to questions from the committee about the PUC rate adjustment process, PUC oversight of Black Hills Energy, the duties of the PUC, and other issues.
02:20 PM
Director Moser responded to questions from the committee about assistance available to low-income persons to help pay their utility bills and economic trends affecting the regulated utilities.
| BILL: | Conf 17-Public Utilities Commission | |
| TIME: | 02:31:59 PM | |
| MOVED: | Baumgardner | |
| MOTION: | Refer the appointment of Wendy Moser to the Public Utilities Commission to the full Senate with a favorable recommendation. The motion passed on a vote of 10-1. | |
| SECONDED: | ||
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VOTE
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|
Cooke
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Yes
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|
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Coram
|
Yes
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|
|
Donovan
|
Yes
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|
|
Fenberg
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Yes
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|
Fields
|
Yes
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Garcia
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No
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Jones
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Yes
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|
Marble
|
Yes
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|
|
Scott
|
Yes
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|
Baumgardner
|
Yes
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|
|
Sonnenberg
|
Yes
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YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
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02:33 PM
Mr. Dean introduced Jeffrey Ackerman as the Governor's appointment to the PUC and explained that the appointee was a former employee of the PUC.
02:35 PM
Jeffrey Ackerman -- of Denver, appointed for a term expiring on January of 2021 as a Democrat and to serve as PUC chair -- discussed his experience and interest in serving on the PUC (Attachment B). He also responded to questions from the committee about economic trends affecting the regulated utilities; the duties of the PUC; the implementation of the federal Clean Power Plan; activities of the Colorado Energy Office that he used to head; and other issues.
02:50 PM
Director Ackerman responded to questions from the committee about regulated electric utilities; the rate setting process; assistance for low-income persons to pay their utility bills; the process for resolving erroneous bills; and other issues.
| BILL: | Conf 17-Public Utilities Commission | |
| TIME: | 03:18:43 PM | |
| MOVED: | ||
| MOTION: | Refer the appointment of Jeffrey Ackerman to the Public Utilities Commission to the full Senate with a favorable recommendation. The motion passed on a vote of 8-3. | |
| SECONDED: | ||
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VOTE
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Cooke
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No
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Coram
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Yes
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Donovan
|
Yes
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|
|
Fenberg
|
Yes
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|
|
Fields
|
Yes
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Garcia
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No
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Jones
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Yes
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Marble
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No
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Scott
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Yes
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|
Baumgardner
|
Yes
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|
Sonnenberg
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Yes
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Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS
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03:20 PM
The committee recessed.
03:26 PM -- HB 17-1030
The committee came back to order. Senator Sonnenberg and Senator Baumgardner, Co-Prime Sponsors, described the provisions of House Bill 17-1030 concerning the 1921 irrigation district act and distributed Amendment L.002 (Attachment D). This bill, recommended by the Interim Water Resources Review Committee, addresses compensation for board members and election judges; clarifies the definition of agricultural land; allows an irrigation district to lease its surplus water for all beneficial uses; clarifies how irrigation district assessments are to be collected and held by district treasurers; eliminates the bonding requirement for district board members; and modernizes election procedures and procedures for selling surplus property. The bill also increases from $20,000 to $500,000, the amount of a contract or an eminent domain proceeding that requires voter ratification in a district election.
170209 AttachD.pdf
The following persons testified on the bill:
03:30 PM -- Tom Sauter, representing himself, spoke in opposition to the bill.
03:32 PM -- Andy Jones, Lost Creek Groundwater Management District, spoke in opposition to the bill and expressed concern about the transfer of agricultural water rights.
03:36 PM -- Mark Hermundstad, Overland Mesa Irrigation District, spoke in support of the bill.
03:38 PM -- Kent Holsinger, Henrylyn Irrigation District, spoke in support of the bill and responded to prior testimony on the bill.
03:41 PM -- Chris Treese, Colorado River Water Conservation District, spoke in support of the bill.
03:43 PM -- Max Schmidt, Orchard Mesa Irrigation District, spoke in support of the bill.
03:44 PM -- Dianna Orf, Colorado Water Congress, spoke in support of the bill.
03:45 PM -- Emily Ibach, Colorado Farm Bureau, spoke in support of the bill.
03:46 PM
The chair closed testimony on the bill, and Senator Sonnenberg closed his remarks.
| BILL: | HB17-1030 | |
| TIME: | 03:47:13 PM | |
| MOVED: | Sonnenberg | |
| MOTION: | Adopt amendment L.002. The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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|
Cooke
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Coram
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Donovan
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|
Fenberg
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Fields
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Garcia
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Jones
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Marble
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Scott
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Baumgardner
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Sonnenberg
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | HB17-1030 | |
| TIME: | 03:47:54 PM | |
| MOVED: | Sonnenberg | |
| MOTION: | Refer House Bill 17-1030, as amended, to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 10-0. | |
| SECONDED: | ||
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VOTE
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|
Cooke
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Yes
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Coram
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Yes
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Donovan
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Yes
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Fenberg
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Yes
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Fields
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Yes
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Garcia
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Yes
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Jones
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Yes
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Marble
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Excused
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Scott
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Yes
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Baumgardner
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Yes
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Sonnenberg
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Yes
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Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS
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03:50 PM -- SB 17-100
Senator Sonnenberg, Prime Sponsor, described the provisions of Senate Bill 17-100 concerning immunity for land stewardship volunteers and distributed Amendment L.001 (Attachment E). This bill amends the Colorado Recreational Trails System Act of 1971 to include legal protections for volunteers and nonprofits who perform land stewardship on public lands. The bill provides immunity from civil liability for volunteers for any act or omission that results in damage or injury if the volunteer was acting within the scope of his or her duties performing land stewardship activities under a grant, unless the damage or injury was caused by gross negligence or a willful and wanton act or omission.
170209 AttachE.pdf
The following persons testified on the bill:
03:53 PM -- Margaret Taylor, Division of Parks and Wildlife, spoke in support of the bill. She also identified volunteer trail programs administered by the division and the cost of liability insurance.
03:56 PM -- Dianna Orf, Associated Governments of Northwest Colorado, spoke in support of the bill.
03:56 PM -- Tom Morrissey, representing himself, spoke in support of the bill and discussed importance of recreational trails in Colorado. He also discussed the cost of obtaining liability insurance for volunteers.
03:59 PM -- Jen Boulton, Audubon Society, spoke in support of the bill.
04:01 PM -- Jerry Abboud, Colorado Off-Highway Vehicle Coalition, spoke in support of the bill.
04:03 PM -- Conrad Tucker, Western Slope ATV Association, spoke in support of the bill and expressed concern about the ability of his association to obtain liability insurance.
04:06 PM
The chair closed testimony on the bill, and Senator Sonnenberg closed his remarks.
| BILL: | SB17-100 | |
| TIME: | 04:06:55 PM | |
| MOVED: | Sonnenberg | |
| MOTION: | Adopt amendment L.001. The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Cooke
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Coram
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Donovan
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Fenberg
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Fields
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Garcia
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Jones
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Marble
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Scott
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Baumgardner
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Sonnenberg
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB17-100 | |
| TIME: | 04:07:22 PM | |
| MOVED: | Sonnenberg | |
| MOTION: | Refer Senate Bill 17-100, as amended, to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 11-0. | |
| SECONDED: | ||
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VOTE
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|
Cooke
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Yes
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|
|
Coram
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Yes
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|
|
Donovan
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Yes
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|
|
Fenberg
|
Yes
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|
|
Fields
|
Yes
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Garcia
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Yes
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Jones
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Yes
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Marble
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Yes
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Scott
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Yes
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Baumgardner
|
Yes
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|
Sonnenberg
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Yes
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Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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04:08 PM -- SB 17-109
Senator Donovan, Prime Sponsor, described the provisions of Senate Bill 17-1090 concerning the industrial hemp in animal feed and distributed Amendment L.002 (Attachment F) that strikes everything below the enacting clause. She also distributed a packet of letters in support of the bill (Attachment G). Amendment L. 002 requires the Commissioner of Agriculture to create a group to study the feasibility of including hemp in animal feed. It also identifies entities that must be members of the study group including a hemp producer, a hemp processor, a legal expert, a person from a higher education institution who has studied hemp policy, a veterinarian, a livestock producer, and anyone else the commissioner determines would facilitate the understanding of including hemp products in animal feed.
170209 AttachF.pdf170209 AttachG.pdf
The following persons testified on the bill:
04:11 PM -- Chris Wiseman, Colorado Department of Agriculture, spoke in support of Amendment L.002.
04:11 PM -- Bethleen McCall, Great Plains Hemp Cooperative, spoke in support of the bill.
04:14 PM
The chair closed testimony on the bill and Senator Donovan closed her remarks.
| BILL: | SB17-109 | |
| TIME: | 04:14:34 PM | |
| MOVED: | Donovan | |
| MOTION: | Adopt amendment L.002 that strikes everything below the enacting clause. The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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|
Cooke
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||
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Coram
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|
Donovan
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|
Fenberg
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Fields
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Garcia
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|
Jones
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Marble
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Scott
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Baumgardner
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Sonnenberg
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB17-109 | |
| TIME: | 04:15:25 PM | |
| MOVED: | Donovan | |
| MOTION: | Refer Senate Bill 17-109, as amended, to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 11-0. | |
| SECONDED: | ||
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VOTE
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|
Cooke
|
Yes
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|
|
Coram
|
Yes
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|
|
Donovan
|
Yes
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|
|
Fenberg
|
Yes
|
|
|
Fields
|
Yes
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|
|
Garcia
|
Yes
|
|
|
Jones
|
Yes
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|
|
Marble
|
Yes
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|
|
Scott
|
Yes
|
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|
Baumgardner
|
Yes
|
|
|
Sonnenberg
|
Yes
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Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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04:16 PM -- SB 17-036
Senator Scott, Prime Sponsor, described the provisions of Senate Bill 17-036 concerning the appellate process for groundwater decisions. This bill limits the evidence that may be considered when appealing a decision by the Ground Water Commission (commission) or State Engineer to a district court. The only evidence a district court may consider on appeal of a decision regarding groundwater is that which was presented to the commission or State Engineer in an administrative proceeding. The district court will review the same evidence de novo (anew). If the district court determines that evidence was wrongly excluded from the administrative hearing, the district court may take and consider the wrongly excluded evidence.
The following persons testified on the bill:
04:18 PM -- Kathy Otis, Paint Brush Hills Metropolitan District, Meridian Metropolitan District, Woodman Metropolitan District, Southwest Resources, spoke in opposition to the bill and proposed an amendment to the bill (Attachment H) concerning evidence that may be submitted in the appellate process. She also distributed a map of designated basins and groundwater management districts (Attachment I).
170209 AttachH.pdf170209 AttachI.pdf
04:24 PM -- Michael Valdez, Special District Association of Colorado, spoke in opposition to the bill and spoke in support of the amendment proposed by Ms. Otis.
04:27 PM -- Bethleen McCall, Colorado Agriculture Preservation Association, spoke in support of the bill.
04:28 PM -- Scott Meiklejohn, Republican River Water Conservation District, spoke in support of the bill.
04:29 PM -- Kevin Rein, Deputy State Engineer, Division of Water Resources, explained that he oversees Ground Water Commission staff and spoke in support of the bill. He also spoke in opposition to the amendment proposed by Ms. Otis.
04:34 PM -- Andy Jones, Lost Creek Groundwater Management District, spoke in support of the bill.
04:37 PM -- Scott Tietmeyor, Tietmey Farms, Inc., spoke in support of the bill and explained that he is a member of the Colorado Ground Water Commission. He also discussed litigation over wells that supply water to his farm.
04:41 PM -- Garin Vorthman, Colorado Farm Bureau, spoke in support of the bill.
04:42 PM -- Tom Sauter, representing himself, spoke in support of the bill.
04:43 PM -- Robert Loose, North Kiowa Groundwater Management District, spoke in support of the bill.
04:45 PM -- Dan Farmer, Farmer Farm, spoke in support of the bill and explained that he is a member of the Colorado Ground Water Commission.
04:48 PM -- Lisa Thompson, Upper Black Squirrel Creek Groundwater Management District, spoke in support of the bill and discussed litigation involving her district and the Meridian Metropolitan District.
04:50 PM
The chair closed testimony on the bill, and Senator Scott closed his remarks.
| BILL: | SB17-036 | |
| TIME: | 04:51:08 PM | |
| MOVED: | Scott | |
| MOTION: | Refer Senate Bill 17-036 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 11-0. | |
| SECONDED: | ||
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VOTE
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||
|
Cooke
|
Yes
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|
|
Coram
|
Yes
|
|
|
Donovan
|
Yes
|
|
|
Fenberg
|
Yes
|
|
|
Fields
|
Yes
|
|
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Garcia
|
Yes
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|
|
Jones
|
Yes
|
|
|
Marble
|
Yes
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|
Scott
|
Yes
|
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|
Baumgardner
|
Yes
|
|
|
Sonnenberg
|
Yes
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Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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04:52 PM -- HJR 17-1003
Senator Sonnenberg, Prime Sponsor, described the provisions of House Joint Resolution 17-1003 concerning the Water Projects Eligibility List. This resolution identifies public drinking water and wastewater projects that are eligible for certain loans and grants from funds administered by the Colorado Water Resources and Power Development Authority.
The following persons testified on the resolution:
04:54 PM -- Michael Brod, Executive Director, Colorado Water Resources and Power Development Authority, testified in support of the resolution and described the laws that authorize spending from the Drinking Water Revolving and the Water Pollution Control Revolving Fund.
04:54 PM -- Chris Treese, Colorado Water Conservation District, Colorado Water Congress, spoke in support of the resolution.
| BILL: | HJR17-1003 | |
| TIME: | 04:56:12 PM | |
| MOVED: | Sonnenberg | |
| MOTION: | Refer HJR17-1003 to the Senate for final action. The motion passed on a vote of 11-0. | |
| SECONDED: | ||
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VOTE
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||
|
Cooke
|
Yes
|
|
|
Coram
|
Yes
|
|
|
Donovan
|
Yes
|
|
|
Fenberg
|
Yes
|
|
|
Fields
|
Yes
|
|
|
Garcia
|
Yes
|
|
|
Jones
|
Yes
|
|
|
Marble
|
Yes
|
|
|
Scott
|
Yes
|
|
|
Baumgardner
|
Yes
|
|
|
Sonnenberg
|
Yes
|
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YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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04:58 PM
The committee adjourned.