S_AGR_2023A 04/13/2023 06:16:04 PM Committee Summary PUBLICSTAFF SUMMARY OF MEETINGSENATE COMMITTEE ON AGRICULTURE & NATURAL RESOURCES Date 04/13/2023 Attendance Marchman X Pelton B. X Pelton R. X Priola X Simpson X Hinrichsen * Roberts X Time 06:16:04 PM to 12:25:01 AM Place SCR 352 This Meeting was called to order by Roberts This Report was prepared by Julia Jackson Hearing Items Action Taken hSB23-092 Amended, referred to Senate Appropriations hSB23-201 Lay Over hSB23-266 Amended, referred to Senate Appropriations hSB23-270 Amended, referred to the Committee of the Whole - Consent Calendar SB23-092 - Amended, referred to Senate Appropriations Attachment Tag File Name Attachment A http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/A16B87E7F42B...$File/Attachment A - SB092_L.001.pdf?OpenElement Attachment A - SB092_L.001.pdf Attachment B http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/43C8B8ABDA15...$File/Attachment B - SB092_L.002.pdf?OpenElement Attachment B - SB092_L.002.pdf Attachment C http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/DE0958DC1727...$File/Attachment C - SB092_L.003.pdf?OpenElement Attachment C - SB092_L.003.pdf Attachment D http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/8CE14F059C94...$File/Attachment D - SB092_L.004.pdf?OpenElement Attachment D - SB092_L.004.pdf Attachment E http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/9C42887F9C6D...$File/Attachment E - SB092_L.005.pdf?OpenElement Attachment E - SB092_L.005.pdf Attachment F http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/BB89CE1F3053...$File/Attachment F - SB092_L.006.pdf?OpenElement Attachment F - SB092_L.006.pdf Attachment G http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/50B173682A78...$File/Attachment G - SB092_L.007.pdf?OpenElement Attachment G - SB092_L.007.pdf Attachment H http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/600A4F85A9D6...$File/Attachment H - Combined.pdf?OpenElement Attachment H - Combined.pdf 06:17:50 PM Senator Simpson and Senator Hansen, co-prime sponsors, presented Senate Bill 23-092. The bill commissions grants and studies to evaluate the use of agrivoltaics and aquavoltaics. 06:23:06 PM Mr. Jordan Beezley, representing Colorado Department of Agriculture, testified to amend the bill. Lily Shipman, representing themself, testified in support of the bill. Ms. Karen Kalavity, representing themself, testified in support of the bill. Duncan Gilchrist, representing The Nature Conservancy, testified in support of the bill. 06:30:53 PM Brett Moore, representing Interwest Energy Alliance, testified in support of the bill. Tyler Garrett, representing Rocky Mountain Farmers Union, testified in support of the bill. Mr. Austin Vincent, representing Colorado Farm Bureau, testified in support of the bill. 06:36:19 PM Commissioner Kris Holstrom, representing San Miguel County and Colorado Communities for Climate Action, testified in support of the bill. Mr. Byron Kominek, representing Jack's Solar Garden, testified in support of the bill. Ms. Jan Rose, representing Colorado Coalition for a Livable Climate, testified in support of the bill. Mr. Kominek responded to questions from the committee. 06:46:43 PM Senators Simpson and Hansen presented amendments L.001-L.007 (Attachments A-G). 06:48:30 PM Motion Adopt amendment L.001 Moved Simpson Seconded Marchman Pelton B. Pelton R. Priola Simpson Hinrichsen Roberts YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 06:50:37 PM Motion Adopt amendment L.002 Moved Simpson Seconded Marchman Pelton B. Pelton R. Priola Simpson Hinrichsen Roberts YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 06:50:54 PM Motion Adopt amendment L.003 Moved Simpson Seconded Marchman Pelton B. Pelton R. Priola Simpson Hinrichsen Roberts YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 06:51:14 PM Motion Adopt amendment L.004 Moved Simpson Seconded Marchman Pelton B. Pelton R. Priola Simpson Hinrichsen Roberts YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 06:51:52 PM Motion Adopt amendment L.005 Moved Simpson Seconded Marchman Pelton B. Pelton R. Priola Simpson Hinrichsen Roberts YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 06:52:36 PM Motion Adopt amendment L.006 Moved Simpson Seconded Marchman Pelton B. Pelton R. Priola Simpson Hinrichsen Roberts YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 06:53:20 PM Motion Adopt amendment L.007 Moved Simpson Seconded Marchman Pelton B. Pelton R. Priola Simpson Hinrichsen Roberts YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 06:53:21 PM Additional written testimony is available as Attachment H. Senators Simpson and Hansen wrapped up their presentation of the bill. Committee members commented on the bill. 06:56:39 PM Motion Refer Senate Bill 23-092, as amended, to the Committee on Appropriations. Moved Simpson Seconded Marchman Yes Pelton B. Yes Pelton R. Yes Priola Yes Simpson Yes Hinrichsen Yes Roberts Yes Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS SB23-201 - Lay Over Attachment Tag File Name Attachment I http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/BB543F8C6104...$File/Attachment I.pdf?OpenElement Attachment I.pdf Attachment J http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/46A544EE9462...$File/Attachment J - Combined.pdf?OpenElement Attachment J - Combined.pdf Attachment K http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/DCCF5F63B37A...$File/Attachment K - SB201_L.007.pdf?OpenElement Attachment K - SB201_L.007.pdf Attachment L http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/7B1E75207255...$File/Attachment L - SB201_L.009.pdf?OpenElement Attachment L - SB201_L.009.pdf 06:56:51 PM Senator Jaquez Lewis, sponsor, and Senator Winter, presented Senate Bill 23-201. The bill modifies the conditions necessary for the approval of forced pooling of oil and gas mineral interests. Senator Winter provided a handout on forced pooling (Attachment I). Senators Jaquez Lewis and Winter responded to questions from the committee. 07:24:50 PM Councilmember Jean Lim, representing City and County of Broomfield, testified in support of the bill. Nancy Rodgers, representing City and County of Broomfield, testified in support of the bill. Torie Jarvis, representing Northwest Colorado Council of Governments Water Quality/Quantity Committee and Colorado Municipal League, testified in support of the bill. Mr. Kevin Chan, representing Save The Aurora Reservoir, testified in support of the bill. The panelists responded to questions from the committee. 07:47:01 PM Ms. Katherine Merlin, representing themself, testified in support of the bill. Mr. Phil Barber, representing themself, testified in support of the bill. Ms. Merlin and Mr. Barber responded to questions from the committee. 08:04:25 PM Dan Haley, representing Colorado Oil & Gas Association, testified in opposition to the bill. Mr. Jim Cole, representing Colorado Oil & Gas Association, testified in opposition to the bill. Justin Prendergast, representing American Petroleum Institute Colorado, testified in opposition to the bill. Brett Moore, representing Colorado Alliance of Mineral and Royalty Owners, testified in opposition to the bill. Donald Phend, representing Colorado Alliance of Mineral and Royalty Owners, testified in opposition to the bill. The panelists responded to questions from the committee. 08:38:58 PM Mr. Austin Vincent, representing Colorado Farm Bureau, testified in opposition to the bill. Mr. Jim Magnuson, representing themself, testified in opposition to the bill. Mr. Jeffrey Moore, representing City of Aurora, testified in opposition to the bill. 08:48:04 PM Mike Foote, representing themself, testified in support of the bill. Ms. Jan Rose, representing Colorado Coalition for a Livable Climate, testified in support of the bill. Mr. Foote responded to questions from the committee. 09:16:35 PM Dr. Dar-Lon Chang, representing themself, testified in support of the bill. Mayor Joan Peck, representing City of Longmont, testified in support of the bill. Alexis Schwartz, representing Sierra Club of Colorado, testified in support of the bill. Mr. Dale Rademacher, representing City of Longmont, testified in support of the bill. Mr. Rademacher responded to questions from the committee. 09:31:19 PM Emily Baer, representing themself, testified in support of the bill. Mr. Chris Klinke, representing themself, testified in support of the bill. Ms. Kate Burke, representing Boulder County, testified in support of the bill. Ms. Burke responded to questions from the committee. 09:44:53 PM Dr. Lorretta Chavez, representing themself, testified in support of the bill. Mr. Brian Matise, representing themself, testified in support of the bill. Ms. Therese Gilbert, representing themself, testified in support of the bill. Mimi Larsen, representing the Colorado Oil and Gas Conservation Commission, answered committee questions. 10:04:21 PM Additional written testimony on the bill is available as Attachment J. Senator Jaquez Lewis discussed amendments L.007 (Attachment K) and L.009 (Attachment L). Jennifer Berman, Office of Legislative Legal Services, answered questions about the amendments. 10:13:46 PM Motion Adopt amendment L.009 Moved Hinrichsen Seconded Marchman Pelton B. Pelton R. Priola Simpson Hinrichsen Roberts YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 10:14:27 PM Motion Adopt amendment L.007 Moved Hinrichsen Seconded Marchman Pelton B. Pelton R. Priola Simpson Hinrichsen Roberts YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 10:14:50 PM The committee recessed. 10:29:42 PM The committee reconvened. The chair laid the amended bill over for action at a later date. SB23-266 - Amended, referred to Senate Appropriations Attachment Tag File Name Attachment M http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/C6B3650CA780...$File/Attachment M - SB266_L.001.pdf?OpenElement Attachment M - SB266_L.001.pdf Attachment N http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/D85D4635B8A3...$File/Attachment N - Combined.pdf?OpenElement Attachment N - Combined.pdf 10:32:13 PM Senator Priola and Senator Jaquez Lewis, co-prime sponsors, presented Senate Bill 23-266. The bill requires the Commissioner of Agriculture to adopt rules classifying neonicotinoid pesticides as limited-use pesticides. Senator Priola discussed amendment L.001 (Attachment M). Senators Priola and Jaquez Lewis responded to questions from the committee. 10:40:54 PM Mr. Ryan Riley, representing Colorado Pest Control Association, testified in opposition to the bill. Dr. Rebecca Larson, representing Western Sugar Cooperative, testified to amend the bill. 10:45:40 PM Kreg Vollmer, representing Western Sugar Cooperative, testified to amend the bill. Mrs. Erin Meschke, representing themself, testified to amend the bill. Mr. Vollmer responded to questions from the committee. 10:51:46 PM Mr. Danny Katz, representing Colorado Public Interest Research Group, testified in support of the bill. Natalie Woodland, representing Environment Colorado, testified in support of the bill. Mr. Jordan Beezley, representing Colorado Department of Agriculture, testified in support of the bill. 10:56:34 PM Ms. Joyce Kennedy, representing People and Pollinators Action Network, testified in support of the bill. Ms. Karen Kalavity, representing themself, testified in support of the bill. 11:01:17 PM Senator Priola discussed amendment L.001. Additional written testimony is available as Attachment N. 11:02:22 PM Motion Adopt amendment L.001 Moved Priola Seconded Marchman Pelton B. Pelton R. Priola Simpson Hinrichsen Roberts YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 11:02:36 PM Senators Priola and Jaquez Lewis wrapped up their presentation of the bill. Committee members commented on the bill. 11:05:48 PM Motion Refer Senate Bill 23-266, as amended, to the Committee on Appropriations. Moved Priola Seconded Marchman Yes Pelton B. No Pelton R. No Priola Yes Simpson Yes Hinrichsen Yes Roberts Yes Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS SB23-270 - Amended, referred to the Committee of the Whole - Consent Calendar Attachment Tag File Name Attachment O http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/5AF53A6A8C5C...$File/Attachment O - SB270_L.007.pdf?OpenElement Attachment O - SB270_L.007.pdf Attachment P http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/30C09ACF7DA1...$File/Attachment P - SB270_L.010.pdf?OpenElement Attachment P - SB270_L.010.pdf Attachment Q http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/9844A2A3B106...$File/Attachment Q - Combined.pdf?OpenElement Attachment Q - Combined.pdf 11:05:54 PM Senator Roberts and Senator Simpson, co-prime sponsors, presented Senate Bill 23-270. The bill creates a rebuttable presumption that a stream restoration project does not cause material injury to a vested water right, and outlines the qualification requirements for a stream restoration project. 11:14:57 PM Kelly Romero-Heaney, representing Colorado Department of Natural Resources, testified in support of the bill. Commissioner Richard Elsner, representing Park County, testified in support of the bill and responded to questions from the committee. 11:20:08 PM Mr. Bill Wombacher, representing Arapahoe County Water and Wastewater Authority, East Cherry Creek Valley Water and Sanitation District, United Water and Sanitation District, and Legacy Water, Inc., testified to amend the bill. Travis Smith, representing themself, testified in opposition to the bill. 11:25:39 PM Aaron Citron, representing The Nature Conservancy, testified in support of the bill. Mr. Andrew Hill, representing Denver Water, testified in support of the bill. Ms. Heather Dutton, representing San Luis Valley Water Conservancy District, testified in support of the bill. 11:31:48 PM Bernadette Kuhn, representing City of Fort Collins, testified in support of the bill. Jen Boulton, representing Trout Unlimited, testified in support of the bill. Abby Burk, representing Audubon Rockies, testified in support of the bill. Eagle County Commissioner Kathy Chandler-Henry, representing Northwest Colorado Council of Governments Water Quality and Quantity Committee, testified in support of the bill. 11:40:38 PM Tyler Garrett, representing Rocky Mountain Farmers Union, testified to amend the bill. Bruce Whitehead, representing Animas-La Plata Water Conservancy District, testified to amend the bill. Mr. Austin Vincent, representing Colorado Farm Bureau, testified to amend the bill. 11:47:28 PM Commissioner Hilary Cooper, representing Counties & Commissioners Acting Together and San Miguel County, testified in support of the bill. Summit County Commissioner Josh Blanchard, representing themself, testified in support of the bill. 11:54:58 PM Ms. Karen Kalavity, representing themself, testified in support of the bill. Commissioner Kelly McNicholas Kury, representing Pitkin County, testified in support of the bill. 12:00:14 AM The committee recessed. 12:00:25 AM The committee reconvened. 12:01:58 AM Kyle Whitaker, representing Northern Water, testified to amend the bill. Mr. Sean Cronin, representing St. Vrain and Left Hand Water Conservancy District, testified in a neutral position on the bill. Dr. Luke Javernick, representing River Science, testified to amend the bill. Mr. Joe Frank, representing Lower South Platte Water Conservancy District , testified to amend the bill. Mr. Jim Yahn, representing North Sterling and Prewitt Reservoirs, testified to amend the bill. Mr. Zane Kessler, representing Colorado River District, testified to amend the bill. 12:17:14 AM Senators Roberts and Simpson presented amendments L.007 and L.010 (Attachments O and P). Additional written testimony is available as Attachment Q. 12:19:23 AM Motion Adopt amendment L.007 Moved Roberts Seconded Marchman Pelton B. Pelton R. Priola Simpson Hinrichsen Roberts YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 12:20:15 AM Motion Adopt amendment L.010 Moved Roberts Seconded Marchman Pelton B. Pelton R. Priola Simpson Hinrichsen Roberts YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 12:20:51 AM Senators Simpson and Roberts wrapped up their presentation of the bill. Committee members commented on the bill. 12:24:51 AM Motion Refer Senate Bill 23-270, as amended, to the Committee of the Whole and with a recommendation that it be placed on the consent calendar. Moved Roberts Seconded Marchman Yes Pelton B. Yes Pelton R. Yes Priola Yes Simpson Yes Hinrichsen Yes Roberts Yes Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS 12:25:01 AM The committee adjourned.