s_agr_2016a_2016-03-17t13:32:06z5 Hearing Summary

Date: 03/17/2016

02:16 PM -- SB 16-157



Senator Cooke and Senator Sonnenberg, co-prime sponsors, presented Senate Bill 16-157, concerning management of the process of responding to the federal Environmental Protection Agency's (EPA) rules for the regulation of carbon dioxide emissions from electric generating units in a manner that maximizes Colorado's ability to control its affairs. On February 9, 2016, the Supreme Court of the United States stayed the implementation of the EPA rules to regulate carbon dioxide emissions from existing fossil-fuel-fired, electric generating units under the Clean Air Act (act). The bill requires the Air Quality Control Commission (AQCC) and the Division of Administration in the Colorado Department of Health and Environment (CDPHE) to suspend work on the Clean Power Plan and state implementation plan until the stay is lifted. It also requires that the state implementation plan be subject to legislative review. Senator Cooke responded to questions from the committee.



The following persons testified on the bill:



02:25 PM -- Will Allison, Colorado Department of Health and Environment (CDPHE), spoke in opposition to the bill. Mr. Allison discussed several state programs that work to regulate carbon dioxide emissions. Mr. Allison stated that CDPHE is not planning to submit a plan to the EPA until the stay has been lifted. Mr. Allison responded to questions from the committee regarding CDPHE's authority as it applies to developing a clean power plan in light of the SCOTUS stay on the implementation of rules promulgated by the EPA. Mr. Allison also responded to questions concerning CDPHE's work with other state agencies in developing a clean power plan. and other states' actions regarding the SCOTUS stay on the EPA rules. Committee discussion ensued regarding the bill and CDPHE programs and how those programs affect consumers and the Clean Power Plan.



02:56 PM -- Tyler Svitak, American Lung Association, spoke in opposition to the bill and responded to questions from the committee.



03:09 PM -- Susan Nedell, Environmental Entrepreneurs, spoke in opposition to the bill.



03:13 PM -- Doug Holland, Sierra Club, spoke in opposition to the bill.



03:15 PM -- Elana Brown, representing herself, spoke in opposition to the bill.



03:18 PM -- Erin Overturf, Western Resource Advocates, spoke in opposition to the bill and responded to questions from the committee regarding the affect of the bill on activities of the Public Utilities Commission (PUC).



03:28 PM -- Zabrina Arrovitz, Colorado People's Alliance, spoke in opposition to the bill.



03:31 PM -- Hannah Gregory, Environment Colorado, spoke in opposition to the bill.



03:33 PM -- Mike Nasi, Law Firm of Jackson and Walker, spoke in support of the bill and distributed a handout about the legal impact of the SCOTUS stay on the EPA's rules (Attachment G). Mr. Nasi explained that he represents rural electric cooperatives in the recent case pending before SCOTUS. Mr. Nasi responded to questions from the committee regarding the SCOTUS stay and discussed how he believes state agencies should respond to the stay. Mr. Nasi discussed the timeline of the Clean Power Plan and how the stay by SCOTUS affected the timeline in order for states to comply with the plan. He also discussed the authority of the EPA and the extent to which that agency's power should extend, as well as a state's authority to act in absence of a federal mandate.



160317 AttachG.pdf



04:02 PM -- Michael Sandoval, Energy Policy Analyst, Energy Policy Center in the Independence Institute, spoke in support of the bill and discussed rates of energy consumers. Mr. Sandoval responded to questions from the committee regarding a recent rate increase of utilities.



04:13 PM -- Diana Orf, Colorado Mining Association and Associated Governments of Northwest Colorado (AGNC), spoke in support of the bill and distributed a letter from AGNC to Governor Hickenlooper (Attachment H).



160317 AttachH.pdf



04:17 PM -- Tamra Farrah, Americans for Prosperity, spoke in support of the bill and responded to questions from the committee.



04:20 PM -- Grant Van Der Jagt, Denver Property Management, spoke in support of the bill.



04:23 PM -- J.R. Tolbert, Advanced Energy Economy, spoke in opposition to the bill.



04:26 PM



Senator Cooke and Senator Sonnenberg made concluding comments on the bill, and committee discussion ensued regarding the bill.

04:35 PM



The committee adjourned