Legislative Updates
Sometimes the best way to preserve and protect rivers, streams and trout is by working at the Colorado General Assembly.
A single piece of legislation – or even a bad amendment – can undo years of on-the-ground conservation work. Colorado TU’s Jen Boulton works full-time during legislative sessions as an advocate for trout and as an educational resource for lawmakers, many of whom benefit from Jen’s comprehensive knowledge of water law, stream biology and environmental regulations.
You can play a crucial role in our efforts to communicate with lawmakers by joining our e-mail activist network. From time to time we’ll send you an email asking you to call or write to your legislator(s) in support – or opposition – to legislation that relates to our mission.
It’s true: Lawmakers listen to their constituents!
Initial Report on the 2012 Session
Just a month into the session, the major theme thus far appears to be an attempt to undo progressive steps taken in the last several years.
Priority Bills
HB1161 NUTRIENTS (Looper)
Position: Oppose / Status: House Ag
HB1161 delays implementation of any rules regulating Phosphorus or Nitrogen until completion of additional studies, and passage of a bill approving the proposed rule by the legislature.
SB17 NUTRIENTS (S King)
Position: Oppose / Status: Dead
SB17 prohibited adoption of ANY numeric standards for nitrogen or phosphorous.
HB1002 CREATING LEVEL EXPECTATIONS FOR AGENCY REVIEW (Sonnenberg, Jahn) Position: Watch / Status: S-BA
HB2002 requires that state agency rules in place at the time of application shall govern permitting. If statutes have changed but new rules have not been implemented, old rules shall govern unless the agency determines that 1) statutory changes materially affect public health and safety, AND 2) use of the existing rules is likely to result in unsafe conditions unless the applicants comply with new statutory requirements.
HB 1007 REGULATORY ANALYSIS OF RULES (Szabo, Grantham)
Position: Oppose / Status: House Appropriations
HB1007 requires a cost benefit analysis of all proposed rules.
HB1115 BUSINESS FISCAL IMPACT STATEMENTS (Liston/Jahn)
Position: Oppose / Status: H-BA
HB1115 allows a five day period for industry to comment on the fiscal impact of all proposed legislation. Comments will be included with the standard fiscal note. There is no corresponding opportunity for comment on the public health or environmental costs of proposed legislation.
HB1280 VIDEO LOTTERY TERMINALS (Coram/Tochtrop)
Position: / Status: H-Ag
HB1280 permits installation of video lottery terminals at Horse racetracks. The bill maintains the current lottery distribution structure, except for allowing the Horse tracks a 70% vendor fee (vendor fees are usually less than 10% of revenue generated). The bill holds current spillover recipients harmless, and directs additional spillover from the new VLTs to a college scholarship fund.
SB6 EFFICIENCIES IN STATE REGULATORY SYSTEM (Neville, Holbert)
Position: Oppose / Status: S- Fin
SB6 requires the committee on legal services to review the entire state regulatory system to determine:
- Whether regulations create an economic advantage to one section of an industry.
- Whether cost benefit analyses need to be adjusted to provide meaningful measures of impacts to industry.
- Whether enforcement practices create an incentive to levy punitive fines.
- Whether economic conditions merit a downsizing of regulatory burden resulting in reduced compliance costs
- Whether a particular industry is regulated in an outmoded fashion
- Whether currently regulated industries are regulated by other means
- Whether continued regulation is justifiable
- Whether compliance costs can be reduced without risk to public health and safety or creation of monopolies.
SB27 RULES TO COMMITTEES OF REFERENCE (Scheffel)
Position: Oppose / Status: S- Jud
SB27 requires that the rule review bill be heard in a committee of reference.
HB1075 SIX PERCENT LIMIT (Beezley, Brophy)
Position: Oppose / Status: H-Fin
HB1075 reinstates the TABOR ratchet effect with the difference in spending capabilities dedicated one half to the statutory reserve, one fourth to HUTF and one fourth to the capitol construction trust fund.
SB73 LEGISLATIVE INTENT IN RULES (Cadman)
Position: Oppose / Status: Dead
SB73 prohibits state agencies from adopting rules unless the agency finds that the rule is consistent with clear legislative intent of the general assembly including statements made by sponsors of the bill or amendments to same.
SB80 BUSINESS FISCAL IMPACT (Mitchell)
Position: Oppose / Status: Dead
SB8 gives businesses an opportunity to comment on the fiscal impact of all proposed legislation or rules. In the case of legislation such comments shall be included with the standard fiscal note. In the case of rules such comments shall be forwarded to the executive director of the agency.
SB86 STUDY COST OF REGULATORY COMPLIANCE (Cadman)
Position: Oppose / Status: S-Fin
SB86 requires the leadership of the legislature to appoint a task force to study the cost to industry of complying with State regulations. The bill further requires that costs be broken down on a per employee basis. There is no provision in the bill for analysis of the costs to public health and the environment for failing to regulate.
Other Bills
HB1275 SPORTSMEN LICENSE PLATE (Pace/White)
Position: Status: H-Fin
HB1275 creates a sportsmen’s license plate. The bill requires a $10 initial fee and $25 annual renewal in addition to the standard DMV fees. The money goes directly to the wildlife cash fund. CPW is directed to use the money to fund grants for two purposes; expanding opportunities for public shooting, and improving fishing in Colorado.
SB107 PROTECT WATER FROM FRACKING (Carroll/Wilson)
Position: Support / Status: S-Jud
SB107 requires additional rulemaking to protect water quality from fracking. The bill requires pre and post fracking reports on water quality in the area, and creates a rebuttable presumption of liability for water pollution occurring within a half mile, and six months of fracking operations. The bill also prohibits fracking near superfund sites, and requires posting of environmental surety bonds for fracking operations in sensitive areas. Fracking near surface water is also precluded unless a closed loop system is used.
SB132 ISSUE AIR AND WATER PERMITS WITHIN 12 MONTHS (Grantham/Becker) Position: Oppose / Status: S-Ag
SB132 requires the Air Quality Control Commission, and the Water Quality Control Commission to issue permits within one year of applications. Failure to issue the permit is deemed final agency action. Since the budget crisis has left both agencies severely understaffed, backlogs in permit applications are resulting in long delays. Requiring short turnaround time is infeasible for the agency. Final agency action starts the timeline for legal actions, which would cost the State significant revenue, or require issuance of permits without sufficient review
HB1122 MEDICATION TAKEBACK PROGRAM (Wilson)
Position: Status: H-Ag
HB1122 prohibits disposing of unused medication in water systems.
HB1103 WIND ENERGY RIGHTS (Becker)
Position: Status: H- Floor
HB1105 creates a property right to wind energy. The right is not severable but may be leased or developed pursuant to a wind energy agreement.
HB1066 TITLING OF ATVS (Priola)
Position: Status: H-Fin
HB1066 requires that owners title and register their ATVs (OHVs). The bill also requires counties to open their roads to ATVs. The bill makes management and enforcement of ATV use on public lands such as national forests very difficult. Many county roads become forest service or BLM roads and on these public lands there are areas prohibited to ATV use. Public land officials do not have the capacity to enforce these restrictions where all county roads become forest service or BLM roads.
HB1136 PROHIBIT RETAIL SALES ON PUBLIC LAND (Ramirez/Roberts)
Position: Status: H-SA
HB1136 prohibits any public entity from operating, or contracting with private entities to operate truck stops, fuel stations or convenience stores on or near public land.
HB1160 COAL BED METHANE (Baumgardner/Schwartz)
Position: Status: H-Ag
HB 1160 permits the use of coal-bed methane as biomass under the renewable energy standard.
HB1003 GRAY WATER (Fisher, Nicholson)
Position: Support / Status: Dead
HB1003 permitted the use of gray water from sources other than toilets, urinals, kitchen sinks, dishwashers, and non laundry utility sinks. Such use was subject to rules promulgated by WQCC to protect public health and water quality. Any use of grey also had to be permissible under the conditions of the underlying well permit or water rights.
HB1022 MINE WATER AUGMENTATION REQUIREMENTS (Sonnenberg, Schwartz)
Position: Watch / Status: S- Ag
HB1022 modifies the augmentation requirements for permitted mining operations. The bill eliminates the requirement to replace water collected as a result of impervious surfaces that was previously lost to evapotranspiration.
HB1004 BEETLE KILL LUMBER (Bradford, S. King)
Position: Watch / Status: H- Ag
HB1004 permits the use of pine beetle and spruce beetle kill for lumber to be used in the framing of building.
HB1016 EX-PARTE COMMUNICATIONS (Balmer)
Position: Oppose / Status: Dead
HB1016 prohibited ex parte communications with any member of the PUC.
HB1032 CONTINUE FORESTRY PROGRAMS (Hammer, Nicholson)
Position: FYI / Status: H- Floor
HB1032 extends financing for existing forestry programs until 2017.
HB1042 TAX CREDIT FOR AG ESTATE (Pace)
Position: Watch / Status: H- Fin
HB1042 creates an income tax credit in the amount of estate taxes paid on inherited agricultural land.
HB1045 TAX EXEMPT BEETLE KILL (Bradford, S. King)
Position Watch / Status: H- Fin
HB1045 extends the existing sales tax exemption for beetle kill products until 2020. The bill also includes products derived from spruce beetle kill as well as pine beetle kill.
HB1050 NON-GAME CHECKOFF (Wilson, Nicholson)
Position: Support / Status: S-Fin
HB1050 extends the non-game tax check off until 2017.
HB1103 EXCLUDE CERTAIN COUNTIES FROM NON-ATTAINMENT (Vaad)
Position: Oppose / Status: H- HE
HB1103 is the annual attempt to remove Weld County from the non attainment area under the bill. This time it gives county commissioners the authority to remove their county if ambient air quality standards within the county are met.
HB1173 CLOSED PIT STORAGE OF FRACKING FLUID (Wilson)
Position: Support / Status: Dead
HB1173 required the use of closed loop systems for storage and reuse of hydraulic fracturing fluids.
HB1277 LOCAL CONTROL OF OIL/GAS REGULATION (Jones/Bacon)
Position: Support / Status: H-LG
HB1277 expands local governments’ ability to regulate land use, including oil and gas development, by specifically permitting regulation for environmental protection.
SB31 FEDERAL MINERAL LEASE DISTRICTS (White)
Position: Watch / Status: S- Approp
SB31 creates separate districts for the appropriation of federal mineral lease revenues. The bill is intended to help insure that funds are spent for intended purposes.
