S_AGR_2017A 04/27/2017 01:30 PM Committee Summary
Final
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON AGRICULTURE, NATURAL RESOURCES, & ENERGY
Date: | 04/27/2017 |
ATTENDANCE
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Time: | 01:31 PM to 04:15 PM |
Cooke
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X
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Coram
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*
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Place: | SCR 357 |
Donovan
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*
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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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*
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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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*
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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 Conservation Board — Colorado Conf 17-Oil And Gas Conservation Commission Conf 17-Wildlife Habitat Stamp Committee, Wildlife Habitat Stamp Committee Conf 17-Energy Impact Assistance Advisory Committee Conf 17-State Fair Authority Board Of Commissioners Conf 17-Mined Land Reclamation Board Conf 17-Energy Research Authority — Colorado Conf 17-Ground Water Commission HB17-1282 HB17-1291 SCR17-002 HB17-1289 SJR17-033 |
Favorably Refer to Full Senate - Consent Favorably Refer to Full Senate - Consent Favorably Refer to Full Senate - Consent Favorably Refer to Full Senate - Consent Favorably Refer to Full Senate - Consent Favorably Refer to Full Senate - Consent Favorably Refer to Full Senate - Consent Favorably Refer to Full Senate - Consent Amended, Referred to Senate Appropriations Referred to the Committee of the Whole - Consent Calendar Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Referred to Senate State, Veterans, & Military Affairs |
01:33 PM -- Confirmation of the Colorado Water Conservation Board
Lauren Ris, Colorado Department of Natural Resources, discussed the role of the Colorado Water Conservation Board and introduced the Governor's appointment to the board.
01:33 PM
James Thomas Yahn of Sterling, for a term expiring February 12, 2018 -- to serve as a representative of the South Platte drainage basin and as a Republican, and occasioned by the death of Phyllis “Diane” Hoppe -- discussed his experience and interest in serving on the Colorado Water Conservation Board (Attachment A).
170427 AttachA.pdf
BILL: | Conf 17-Water Conservation Board — Colorado | |
TIME: | 01:35:42 PM | |
MOVED: | Baumgardner | |
MOTION: | Refer the appointment of James Thomas Yahn to the Colorado Water Conservation Board 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 10-0. | |
SECONDED: | ||
VOTE
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||
Cooke
|
Yes
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|
Coram
|
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
|
Yes
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|
Garcia
|
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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Excused
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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: 7 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS
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01:37 PM -- Confirmation of Oil And Gas Conservation Commission
Matt Lepore, Executive Director of the Colorado Oil and Gas Conservation Commission discussed the role of the commission and introduced the Governor's appointment to the commission.
01:38 PM
Ashley Lowe Ager of Durango, appointed for a term expiring July 1, 2020 -- and to serve as a member with formal training or substantial experience in soil conservation or reclamation, west of the Continental Divide and as a Democrat, discussed her experience and interest in serving on the Colorado Oil and Gas Conservation Commission (Attachment B).
170427 AttachB.pdf
01:40 PM
Kent Jolley of Glenwood Springs, appointed for a term expiring July 1, 2020 -- and to serve as a member actively engaged in agricultural production, as a royalty owner, west of the Continental Divide and as a Republican, appointed -- discussed his experience and interest in serving on the Colorado Oil and Gas Conservation Commission (Attachment B).
01:41 PM
The appointees responded to questions from the committee about forced pooling, set back for wells located near schools, and other issues.
BILL: | Conf 17-Oil And Gas Conservation Commission | |
TIME: | 01:53:28 PM | |
MOVED: | Baumgardner | |
MOTION: | Refer the appointment of Kent Jolley and Kent Jolley to the Oil And Gas Conservation Commission 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: | ||
VOTE
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||
Cooke
|
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
|
Yes
|
|
Jones
|
Yes
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|
Marble
|
Yes
|
|
Scott
|
Yes
|
|
Baumgardner
|
Yes
|
|
Sonnenberg
|
Yes
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|
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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01:54 PM -- Confirmation of Wildlife Habitat Stamp Committee
Dan Prinzlow, Regional Manager, Divisions of Wildlife, introduced the Governor's appointment to the Colorado Wildlife Habitat Stamp Committee.
01:57 PM
John H. Thatcher of Pueblo, reappointed for a term expiring December 31, 2020 -- and as a landowner actively engaged in agriculture - discussed his experience and interest in serving another term on the Colorado Wildlife Habitat Stamp Committee (Attachment C).
170427 AttachC.pdf
01:57 PM
John Douglas Wellman of Hamilton, appointed for a term expiring December 31, 2020 -- and as a landowner actively engaged in agriculture - discussed his experience and interest in serving on the Colorado Wildlife Habitat Stamp Committee (Attachment C).
01:57 PM
Andrew Christian Treharne of Denver, appointed for a term expiring December 31, 2019 -- and to serve as a sportsperson, and occasioned by the resignation of Kyle Miller -- discussed his experience and interest in serving on the Colorado Wildlife Habitat Stamp Committee (Attachment C).
BILL: | Conf 17-Wildlife Habitat Stamp Committee, Wildlife Habitat Stamp Committee | |
TIME: | 01:59:16 PM | |
MOVED: | Baumgardner | |
MOTION: | Refer the appointment of John H. Thatcher, John Douglas Wellman, and Andrew Christian Treharne to the Wildlife Habitat Stamp Committee, Wildlife Habitat Stamp Committee 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: | ||
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
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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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02:01 PM -- Confirmation of Energy Impact Assistance Advisory Committee
Bruce Eisenhauer, Legislative Liaison for the Department of Local Affairs, introduced the Governor's appointments to the Energy Impact Assistance Advisory Committee.
02:02 PM
Maryjo Marie Downey of Fort Collins, reappointed for a term expiring August 24, 2020, discussed his experience and interest in serving another term on the Energy Impact Assistance Advisory Committee (Attachment D).
170427 AttachD.pdf
02:03 PM
Honorable Cari Hermacinski of Steamboat Springs, appointed for a term expiring August 24, 2020, discussed his experience and interest in serving on the Energy Impact Assistance Advisory Committee (Attachment D).
BILL: | Conf 17-Energy Impact Assistance Advisory Committee | |
TIME: | 02:06:48 PM | |
MOVED: | Baumgardner | |
MOTION: | Refer the appointment of Cari Hermacinski and Maryjo Marie Downey to the Energy Impact Assistance Advisory Committee 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: | ||
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
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|
Fields
|
Yes
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|
Garcia
|
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
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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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02:07 PM -- Confirmation of State Fair Authority Board Of Commissioners
Senator Sonnenberg, Chair, announced the Governor's appointments to the Colorado State Fair Authority Board of Commissioners were unable to attend their confirmation hearing due adverse driving conditions and that they would be considered in absentia. Don Brown, Commissioner of Agriculture, explained that Virginia “Ginny” Vietti of Frisco, was reappointed for a term expiring November 1, 2020 -- and as a Democrat residing in the Second Congressional District (Attachment E).. He also explained Ralph Paul Youngs of Steamboat Springs, was appointed for a term expiring November 1, 2020 -- and as an Unaffiliated residing in the Third Congressional District.
170427 AttachE.pdf
BILL: | Conf 17-State Fair Authority Board Of Commissioners | |
TIME: | 02:10:24 PM | |
MOVED: | Baumgardner | |
MOTION: | Refer the appointment of Virginia “Ginny” Vietti and Ralph Paul Youngs to the State Fair Authority Board Of Commissioners 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: | ||
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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Yes
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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: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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02:11 PM -- Confirmation of Mined Land Reclamation Board
Ginny Brannon, Director, Division of Reclamation Mining and Safety, introduced the Governor's appointments to the Mined Land Reclamation Board and discussed the role and duties of the board.
02:14 PM
Forrest Von Luke of Craig, Colorado, reappointed for a term expiring March 1, 2021 -- and as an individual with substantial experience in the mining industry - discussed his experience and interest in serving another term on the Mined Land Reclamation Board (Attachment F).
170427 AttachF.pdf
02:15 PM
Jill Heeringa Van Noord of Boulder, reappointed for a term expiring March 1, 2021 -- and as an individual with substantial experience in conservation -- - discussed her experience and interest in serving another term on the Mined Land Reclamation Board (Attachment F).
BILL: | Conf 17-Mined Land Reclamation Board | |
TIME: | 02:15:53 PM | |
MOVED: | Baumgardner | |
MOTION: | Refer the appointment of Jill Heeringa Van Noord and Forrest Von Luke to the to the full Senate with a favorable recommendation and a recommendation that it be placed on the consent calendar. The motion passed without objection. | |
SECONDED: | ||
VOTE
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||
Cooke
|
Yes
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|
Coram
|
Yes
|
|
Donovan
|
Yes
|
|
Fenberg
|
Yes
|
|
Fields
|
Yes
|
|
Garcia
|
Yes
|
|
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
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Yes
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|
Sonnenberg
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Excused
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Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS
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02:18 PM -- Confirmation of Energy Research Authority — Colorado
Kurt Morrison, Director of Legislative Affairs for the Governor's Office, introduced the Governor's appointment to the Colorado Energy Research Authority
02:18 PM
Kathleen Booth Staks of Lakewood, appointed for a term expiring July 1, 2019 and occasioned by the resignation of Jeffrey Paul Ackermann, discussed her experience and interest in serving on the Colorado Energy Research Authority (Attachment G).
170427 AttachG.pdf
BILL: | Conf 17-Energy Research Authority — Colorado | |
TIME: | 02:18:50 PM | |
MOVED: | Cooke | |
MOTION: | Refer the appointment of Kathleen Booth Staks to the Energy Research Authority — Colorado 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 10-0. | |
SECONDED: | ||
VOTE
|
||
Cooke
|
Yes
|
|
Coram
|
Yes
|
|
Donovan
|
Yes
|
|
Fenberg
|
Yes
|
|
Fields
|
Yes
|
|
Garcia
|
Yes
|
|
Jones
|
Yes
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|
Marble
|
Yes
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|
Scott
|
Yes
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|
Baumgardner
|
Yes
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|
Sonnenberg
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Excused
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|
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS
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02:21 PM -- Confirmation of Ground Water Commission
Kevin Rein, Deputy State Engineer, introduced the Governor's appointments to the Ground Water Commission and discussed the role of the commission.
02:22 PM
Angela Beth Fowler of Glenwood Springs, appointed for a term expiring May 1, 2020 -- and to serve as a representative of western slope municipal or industrial users -- discussed his experience and interest in serving on the Ground Water Commission (Attachment H).
170427 AttachH.pdf
02:23 PM
James M. Noble of Denver, appointed for a term expiring May 1, 2020 -- and to serve as a representative of municipal or industrial users, and occasioned by the resignation of Eric Hecox -- discussed his experience and interest in serving on the Ground Water Commission (Attachment H).
BILL: | Conf 17-Ground Water Commission, Ground Water Commission | |
TIME: | 02:24:27 PM | |
MOVED: | Cooke | |
MOTION: | Refer the appointment of Angela Beth Fowler and James M. Noble to the Ground Water Commission, Ground Water Commission 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 10-0. | |
SECONDED: | ||
VOTE
|
||
Cooke
|
Yes
|
|
Coram
|
Yes
|
|
Donovan
|
Yes
|
|
Fenberg
|
Yes
|
|
Fields
|
Yes
|
|
Garcia
|
Yes
|
|
Jones
|
Yes
|
|
Marble
|
Yes
|
|
Scott
|
Yes
|
|
Baumgardner
|
Yes
|
|
Sonnenberg
|
Excused
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|
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS
|
02:26 PM -- HB 17-1282
Senator Sonnenberg, prime sponsors, described the provisions of House Bill 17-1282, concerning the veterinary education loan repayment program and distributed Amendment L.007 (Attachment I). The reengrossed bill creates the veterinary education loan repayment program in Colorado State University (CSU). The program provides financial incentives through education loan repayment to licensed veterinarians to practice in rural areas with a shortage of veterinarians, should funding be obtained through gifts, grants, and donations.
170427 AttachI.pdf
The following persons testified on the bill:
02:30 PM -- Jack St. John, representing himself, spoke in support of the bill
02:33 PM -- William French, Colorado Veterinary Medical Association, testified in support of the bill and discussed her experience with loan repayment.
02:36 PM -- Dr. Sam Romano, Colorado Veterinary Medical Association, testified in support of the bill.
02:38 PM -- Emily Ibach, Colorado Farm Bureau, testified in support of the bill.
02:40 PM -- Chad Jones, Financial Advisor to students, CSU, testified in support of the bill and discussed loan repayment for veterinarian students and career opportunities for recent graduates.
02:42 PM -- Dr. Mark Stetter, Dean, CSU College of Veterinary Medicine and Biomedical Sciences, testified in support of the bill and discussed the need for livestock veterinarians in rural areas.
02:44 PM -- Terry Fankhauser, Colorado Cattleman's Association, testified in support of the bill.
02:49 PM
The chair closed testimony, and Senator Sonnenberg closed his remarks on the bill.
BILL: | HB17-1282 | |
TIME: | 02:51:51 PM | |
MOVED: | Sonnenberg | |
MOTION: | This is a conceptual amendment to strike the Safety Clause and substitute an effective date. The motion passed without objection. | |
SECONDED: | ||
VOTE
|
||
Cooke
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||
Coram
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||
Donovan
|
||
Fenberg
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||
Fields
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||
Garcia
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||
Jones
|
||
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
|
BILL: | HB17-1282 | |
TIME: | 02:52:41 PM | |
MOVED: | Sonnenberg | |
MOTION: | Adopt amendment L.007. The motion passed without objection. | |
SECONDED: | ||
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
|
||
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
|
BILL: | HB17-1282 | |
TIME: | 02:53:08 PM | |
MOVED: | Sonnenberg | |
MOTION: | Refer House Bill 17-1282, as amended, to the Committee on Appropriations. The motion passed on a vote of 10-1. | |
SECONDED: | ||
VOTE
|
||
Cooke
|
Yes
|
|
Coram
|
Yes
|
|
Donovan
|
Yes
|
|
Fenberg
|
Yes
|
|
Fields
|
Yes
|
|
Garcia
|
Yes
|
|
Jones
|
Yes
|
|
Marble
|
No
|
|
Scott
|
Yes
|
|
Baumgardner
|
Yes
|
|
Sonnenberg
|
Yes
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|
Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
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02:57 PM -- SJR 17-033
Senator Sonnenberg explained that the motion to refer SJR 17-033 to the Senate for final action that was taken on April 26 was out of order because the resolution was dual assigned to Senate Committee on State, Veterans, and Military Affairs. Consequently, that motion must be reconsidered.
BILL: | SJR17-033 | |
TIME: | 02:58:39 PM | |
MOVED: | Baumgardner | |
MOTION: | Reconsider the final motion to refer SJR17-033 to Senate for final action. The motion passed on a vote of 11-1. This motion was later determined to be out of order because Senator Baumgardner voted no on the April 26 motion to refer the resolution to the Senate for final action. Pursuant to Senate Rule 18 (e), motions to reconsider must be made by a member who voted on the prevailing side of the motion. |
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SECONDED: | ||
VOTE
|
||
Cooke
|
Yes
|
|
Coram
|
Yes
|
|
Donovan
|
Yes
|
|
Fenberg
|
Yes
|
|
Fields
|
Yes
|
|
Garcia
|
Yes
|
|
Jones
|
Yes
|
|
Marble
|
Yes
|
|
Scott
|
Yes
|
|
Baumgardner
|
Yes
|
|
Sonnenberg
|
Yes
|
|
YES: 11 NO: 1 EXC: 1 ABS: 1 FINAL ACTION: PASS
|
BILL: | SJR17-033 | |
TIME: | 02:59:55 PM | |
MOVED: | Baumgardner | |
MOTION: | Refer SJR17-033 to the Senate Committee on State, Veterans, and Military Affairs. The motion passed on a vote of 7-4. This motion was later determined to be out of order because Senator Baumgardner voted no on the April 26 motion to refer the resolution to the Senate for final action. Pursuant to Senate Rule, motions to reconsider must be made by a member who voted on the prevailing side of the motion. |
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SECONDED: | ||
VOTE
|
||
Cooke
|
Yes
|
|
Coram
|
Yes
|
|
Donovan
|
No
|
|
Fenberg
|
Yes
|
|
Fields
|
No
|
|
Garcia
|
No
|
|
Jones
|
No
|
|
Marble
|
Yes
|
|
Scott
|
Yes
|
|
Baumgardner
|
Yes
|
|
Sonnenberg
|
Yes
|
|
YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS
|
03:00 PM -- HB 17-1291
Senator Coram, prime sponsor, discussed the provisions of House Bill 17-1291, concerning the ability to store water at an alternative place of storage if the historical consumptive use of the water right has already been quantified in a previous change of water right. The bill allows water that has been decreed for storage to be stored in any reservoir without adjudicating a change of water right under certain conditions. These conditions include: the water will be diverted from a previously decreed point of diversion; the owner or operator of the storage water right gives notice to the division engineer in the Department of Natural Resources (DNR) on how the storage of the water will be accounted for in the alternative reservoir; transit and ditch losses, if applicable, will be assessed against the water right from the decreed point of diversion to the alternative reservoir; and the division engineer approves the accounting for the storage of the water in the alternative reservoir.
The following persons testified on the bill:
03:04 PM -- Kevin Niles, Arkansas Groundwater Users Association (AGUA), testified in support of the bill and discussed the benefits of the bill for AGUA customers. Mr. Niles responded to questions from the committee regarding the AGUA's diversion in Pueblo how many wells AGUA serves.
03:09 PM -- Eric Potlandy, City of Ft. Collins, stated that the city has not taken an official stance on the bill, but is expected to support the bill. Mr. Potlandy discussed the bill and responded to questions from the committee regarding the need to have the ability to store water in a location that is not outlined in the original water right decree.
03:10 PM
The char closed testimony.
BILL: | HB17-1291 | |
TIME: | 03:11:26 PM | |
MOVED: | Coram | |
MOTION: | Refer House Bill 17-1291 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: | ||
VOTE
|
||
Cooke
|
Yes
|
|
Coram
|
Yes
|
|
Donovan
|
Yes
|
|
Fenberg
|
Yes
|
|
Fields
|
Yes
|
|
Garcia
|
Yes
|
|
Jones
|
Yes
|
|
Marble
|
Yes
|
|
Scott
|
Yes
|
|
Baumgardner
|
Yes
|
|
Sonnenberg
|
Yes
|
|
YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
|
03:12 PM -- SCR 17-002
Senator Kefalas, prime sponsor, described the provisions of SCR 17-002 concerning the real estate transfer tax for affordable housing. He also distributed Amendment L.001 (Attachment K) and a handout that shows the cost burden of renters and owners (Attachment L). He also . The resolution refers a constitutional amendment to voters in the November 2017 election to approve a new 0.1 percent transfer tax on the sale of real property beginning in 2019. New revenue from the tax is dedicated to affordable housing. The new tax is collected by the County Clerk and Recorder when a deed is recorded. Counties may retain up to 5 percent of the new tax, with remaining revenue deposited in the state Housing Investment Trust Fund to be administered by the Division of Housing within the Department of Local Affairs. These funds must be spent on affordable housing, defined as housing that is affordable to households with 60 percent of area median income or less. At least 30 percent of funds are required to support affordable housing for households with 30 percent of area median income or less.
170427 AttachK.pdf170427 AttachL.pdf
The following persons testified on the resolution:
03:19 PM -- Diane Thiel, representing herself, spoke in support of the resolution and discussed the shortage of affordable housing in metropolitan Denver. She also identified average salaries for certain jobs in Colorado.
03:23 PM -- Mary Solsick, representing herself, spoke in support of the resolution and explained she is a real estate broker. She also discussed the shortage of affordable housing in metropolitan Denver.
03:26 PM -- Amy Attwood, Colorado Association of Realtors, spoke in opposition to the resolution.
03:28 PM -- Aubrey Hasvold, All Families Deserve a Chance, spoke in support of the resolution.
03:31 PM -- Kristopher Grant, Colorado Center on Law and Policy, spoke in support of the resolution.
03:33 PM -- Cathy Alderman, Colorado Coalition for the Homeless, spoke in support of the resolution.
03:36 PM
The chair closed testimony. The bill was laid over unamended and scheduled on Wednesday, May 3 for action only. The committee recessed.
03:37 PM -- HB 17-1289
The committee returned from recess. Senator Coram and Senator Crowder, co-prime sponsors, described the provisions of House Bill 17-1289 concerning State Engineer rules for historical consumptive use. Representative Coram distributed Amendment L. 003 (Attachment M). Under current law, if the owner of a water right brings an action to change the amount of water the owner may use, the amount of water that can be changed is limited to the historical consumptive use of water under the right. This bill directs the State Engineer in the Department of Natural Resources (DNR) to adopt rules taking into account local conditions that an applicant can use to calculate the historical consumptive use of a water right. The use of the methodology, approach, or local factors developed by the State Engineer is voluntary, and the resulting calculation of historical consumptive use carries no presumptive effect in the determination by the State Engineer, water referee, or water judge.
03:40 PM
The committee recessed.
03:43 PM
The committee returned from recess.
The following persons testified on the bill:
03:43 PM -- John Kaufman, Centennial Water and Sanitation District, spoke in opposition to the bill,
03:47 PM -- Pat Ratliff, South Metro Water Supply Authority, spoke in opposition to the bill.
03:49 PM -- Joan Greene, Water Rights Association of the South Platte, City of Greeley, spoke in opposition to the bill.
03:54 PM -- Kevin Rein, Deputy State Engineer, DWR, testified in support of the bill and distributed a handout that explains the concept of change of use and points out key components of the bill (Attachment N). He also responded to questions from the committee about Amendment L.003.
170427 AttachN.pdf
03:57 PM -- Jay Winner, Lower Arkansas Valley Water Conservancy District, testified in support of the bill and discussed the lease fallowing tool being used in the Arkansas River Basin and the benefits of the lease fallowing for farmers.
03:59 PM -- Phillip Chavez, Diamond A. Farms, testified in support of the bill and discussed the cost of water right litigation in which he is participating.
04:03 PM -- Lauren Ris, Department of Natural Resources, spoke in support of the bill and distributed a statement of support from the department (Attachment O).
170427 AttachO.pdf
04:06 PM -- John Schweizer Jr., Super Ditch, spoke in support of the bill and discussed the cost of water right litigation.
04:03 PM -- Michael Weber, Lower Arkansas Valley Water Conservancy District, testified in support of the bill.
04:09 PM
The bill was laid over unamended and tentatively scheduled for action only on May 3.
04:12 PM -- SJR 17-033
Senator Sonnenberg announced that the final motion take earlier during this meeting was out of order because Senator Baumgardner voted no on the April 26 motion to refer the resolution to the Senate for final action. Pursuant to Senate Rule 18 (e), motions to reconsider must be made by a member who voted on the prevailing side of the motion.
BILL: | SJR17-033 | |
TIME: | 04:12:47 PM | |
MOVED: | Coram | |
MOTION: | Reconsideration of prior final motion. The motion passed on a vote of 10-0. | |
SECONDED: | ||
VOTE
|
||
Cooke
|
Yes
|
|
Coram
|
Yes
|
|
Donovan
|
Yes
|
|
Fenberg
|
Yes
|
|
Fields
|
Yes
|
|
Garcia
|
Excused
|
|
Jones
|
Yes
|
|
Marble
|
Yes
|
|
Scott
|
Yes
|
|
Baumgardner
|
Yes
|
|
Sonnenberg
|
Yes
|
|
YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS
|
BILL: | SJR17-033 | |
TIME: | 04:13:51 PM | |
MOVED: | Coram | |
MOTION: | Refer SJR17-033 to the Senate Committee on State, Veterans, and Military Affairs. The motion passed on a vote of 9-1. | |
SECONDED: | ||
VOTE
|
||
Cooke
|
Yes
|
|
Coram
|
Yes
|
|
Donovan
|
Yes
|
|
Fenberg
|
Yes
|
|
Fields
|
Yes
|
|
Garcia
|
Excused
|
|
Jones
|
No
|
|
Marble
|
Yes
|
|
Scott
|
Yes
|
|
Baumgardner
|
Yes
|
|
Sonnenberg
|
Yes
|
|
Final YES: 9 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS
|
04:15 PM
The committee adjourned.