|Bill #||Short Title||Sponsors||Bill Summary||Calendar Notification||Most Recent Status||News Links||Fiscal Note||Comments|
|HB13-1013||Protect Water Right Ownership Rights||SONNENBERG / BAUMGARDNER||Water Resources Review Committee. The bill specifies, in the contexts of rights-of-way for water rights and the basic tenets of Colorado water law, that: |
* A landowner cannot demand as a condition of granting a right-of-way or special use permit, and a court cannot order as a condition of an eminent domain proceeding, that a water right or conditional water right owner assign to the landowner partial or joint ownership of the water right or limit the alienability of the water right; and
* Any such condition is void and unenforceable as against public policy.
Wednesday, May 8 2013|
GENERAL ORDERS - SECOND READING OF BILLS
(1) in house calendar.
|05/03/2013 House Second Reading Lay on the Table-Deemed Lost||No news items found|
|HB13-1034||Update Wholesale Farm Product Commodity Marketing||SONNENBERG / GIRON||The regulation of the wholesale marketing by dealers of most farm products is currently governed by a separate law from the wholesale marketing by commodity handlers of agricultural commodities such as wheat, corn, and other seeds. Sections 1 and 4 of the bill amend the definition of "credit sale contract" by changing the date on which the sale price is to be paid from at least 60 days after delivery of farm products or commodities to at least 30 days after delivery. Similarly, sections 3 and 5 require dealers and commodity handlers to provide a credit sale contract within 30 days after a purchase, rather than 60 days after the receipt, of farm products or commodities. These sections also repeal a requirement that credit sale contracts specifically state that they are an extension of credit and substitute a requirement that the contract include one or more statements specified by the commissioner of agriculture by rule, including one that warns a producer that entering into a credit sale contract entails a risk that the bond may not completely protect the producer from loss in the event of a failure of the dealer or commodity handler. Sections 2 and 8: |
* Repeal the law specifying that credit sale contracts do not require a bond; and
* Authorize producers or dealers protected by a letter of credit or surety bond to ask the department of agriculture to recover damages covered by the letter or bond. An action to recover damages must be filed within 180 days, rather than 24 months, after the date of the transaction or loss. Section 9 repeals a requirement that state agencies determine whether a financial institution upon which an irrevocable letter of credit is drawn will be able to make payment on the letter before accepting an irrevocable letter of credit. Current law requires commodity warehouses to issue paper receipts. Sections 6 and 7 authorize commodity warehouses to issue electronic receipts.
|NOT ON CALENDAR||02/27/2013 Governor Action - Signed||No news items found|
|HB13-1044||Authorize Graywater Use||FISCHER / SCHWARTZ||Current law is unclear regarding whether, and under what conditions, graywater may be used. Section 1 of the bill declares the importance of water conservation to the economy of Colorado and the well-being of its citizens. Section 2 defines "graywater" as that portion of wastewater that, before being treated or combined with other wastewater, is collected from fixtures within residential, commercial, or industrial buildings or institutional facilities for the purpose of being put to beneficial uses authorized by the water quality control commission (commission) in the department of public health and environment. Sources of graywater may include discharges from bathroom and laundry room sinks, bathtubs, showers, and laundry machines, as well as water from other sources authorized by rules promulgated by the commission. Graywater does not include wastewater from toilets, urinals, kitchen sinks, nonlaundry utility sinks, and dishwashers. Graywater must be collected in a manner that minimizes household wastes, human excreta, animal or vegetable matter, and chemicals that are hazardous or toxic, as determined by the commission. Section 2 also defines "graywater treatment works". Section 3 authorizes the commission to establish minimum statewide requirements, standards, and prohibitions. Graywater may only be used: |
* In accordance with the terms and conditions of applicable decrees or well permits for source water rights or source water and any return flows therefrom;
* In accordance with all federal, state, and local requirements; and
* If a local government adopts a resolution or ordinance authorizing its use. Sections 4 and 5 give counties and municipalities the discretion to authorize graywater use and the exclusive authority to enforce compliance with their graywater use resolutions and ordinances. Section 6 authorizes the board of any groundwater management district to adopt rules restricting the use of graywater treatment works. Section 6 also permits a person using a small capacity well within a designated basin to use graywater, subject to the limitations on use contained in the well permit. Sections 7, 8, and 10 authorize a person withdrawing water from a well to use graywater, subject to the limitations on use contained in the well permit or, if applicable, in an approved replacement plan or a decreed plan of augmentation. Section 9 concerns graywater use by water users served by a municipality's or water district's water supplies. The graywater must be used for purposes that are permissible under the municipality's or water district's water rights. Such use of graywater is not reuse and is deemed not to cause injury.
|NOT ON CALENDAR||05/16/2013 Governor action - signed||No news items found|
|HB13-1091||Heavy-duty Diesel Emissions Testing Alternative||YOUNG / KEFALAS||Currently, fleet owners participating in the heavy-duty diesel fleet inspection and maintenance program are required to test the opacity of their vehicles through self-certification. The bill authorizes the air quality control commission to promulgate rules to allow, and to determine eligibility for, an alternative method for demonstrating compliance with opacity standards in which fleet owner participants follow and submit proof of exemplary maintenance practices. The bill also makes a conforming amendment.||NOT ON CALENDAR||04/04/2013 Governor Action - Signed||No news items found|
|HB13-1130||Reapprove Interruptible Water Supply Agreements||SONNENBERG / GIRON||Current law allows the state engineer to approve the operation of an interruptible water supply agreement for 3 years out of a single 10-year period; once the agreement has been operated, the state engineer cannot approve the agreement for operation in any later period. The bill allows the state engineer to reapprove an agreement up to 2 additional times by following the same procedures for approval of the original agreement.||
Wednesday, May 8 2013|
(2) in house calendar.
|05/20/2013:25 PM 04:20 Signed by the Speaker of the House||No news items found|
|HB13-1132||Highway Vehicle Weight Limits||MITSCH BUSH / GIRON||The bill amends current state law regarding maximum vehicle weight on highways to conform to federal requirements for continued highway funding.||NOT ON CALENDAR||03/22/2013 Governor Action - Signed||No news items found|
|HB13-1137||Lot Restrictions For BOCC Auth Over Weed Removal||LANDGRAF||The board of county commissioners (board) of any county currently has the authority to provide for and compel the removal of weeds and brush from residential lots within the county that are 2.5 acres or less. The bill eliminates the size and zoning restrictions on the lots over which the board has authority to provide for and compel weed and brush removal; except that the board does not have the authority to compel weed and brush removal on agricultural land that is in agricultural use.||NOT ON CALENDAR||03/08/2013 Governor Action - Signed||No news items found|
|HB13-1158||Cottage Foods Act||HAMNER / SCHWARTZ||The bill amends the "Colorado Cottage Foods Act" to clarify the food handling and safety course requirement for producers. Food producers under the act are exempted from regulation under the "Farm Products Act". A person is allowed to sell up to 250 dozen eggs per month under the act.||NOT ON CALENDAR||04/04/2013 Governor Action - Signed||Colorado lawmakers are debating rules for fresh egg sellers|
|HB13-1164||Extend Unwanted Horse Tax Checkoff||MCLACHLAN / SCHWARTZ||The bill extends by 5 years the period during which state income tax return forms include a line that allows an individual taxpayer to make a voluntary contribution to the unwanted horse fund.||NOT ON CALENDAR||03/22/2013 Governor Action - Signed||No news items found|
|HB13-1168||Recognize Unincorporated Acequia Ditches||VIGIL||Current law recognizes acequia ditch corporations, but limits that status to irrigation systems that supply irrigation water to long lots that are perpendicular to the stream or ditch to maximize the number of landowners who have access to water. The bill repeals that limitation, so that a ditch corporation may be organized as an acequia ditch even if the land served by the ditch is not divided into long lots, and also allows an unincorporated association to operate as an acequia ditch.||NOT ON CALENDAR||03/29/2013 Governor Action - Signed||No news items found|
|HB13-1183||Extend Conservation Easement Tax Credit Cap||LEVY / LAMBERT||Joint Budget Committee. Taxpayers are allowed to claim a state income tax credit for donating a conservation easement. Current law caps the total amount of credits that may be claimed by all taxpayers each year for a 3-year period. The amount of the cap is $22 million for 2011 and 2012 and $34 million for 2013. Credits that exceed the amount allowed for each year are placed on a wait list for a future year. The bill extends the cap for 2014 and later years and increases the annual amount of the cap for these years to $45 million. Clarifying amendments on the process of administering the cap are made.||NOT ON CALENDAR||04/30/2013 Sent to the Governor||No news items found|
|HB13-1231||Prohibit Routine Dairy Cattle Tail Docking||LEBSOCK / JONES||The bill prohibits the routine practice of docking the tail of any dairy cattle; however, it allows tail docking if the following conditions are met: |
* A licensed veterinarian performs the tail docking;
* The tail docking is performed for a therapeutic purpose;
* Anesthesia is used on the animal during the procedure; and
* The veterinarian conducts the procedure in a manner that minimizes the animal's long-term pain and suffering. It is an affirmative defense to an alleged violation of the bill that the tail of any dairy cattle was docked before December 1, 2013.
|NOT ON CALENDAR||03/26/2013 House Second Reading Laid Over to 5/10/2013||Colorado Legislature Considering Cow Tail Cutting Ban, Upsets Some Farmers|
|HB13-1234||Lease-purchase Authority For DOA Ofc Consolidation||FISCHER / SCHWARTZ||Capital Development Committee. The bill authorizes the state to enter into one or more lease-purchase agreements for the department of agriculture's office consolidation.||NOT ON CALENDAR||05/10/2013 Governor Action - Signed||No news items found|
|HB13-1235||Valuations Of Property Prior To State Purchase||SZABO / BAUMGARDNER||Capital Development Committee. The bill makes clarifications to existing law regarding appraisal requirements for contracts to purchase and options to purchase real property. Specifically, the bill requires a contract to purchase real property to contain an appraisal clause that allows the state to secure an appraisal of the subject real property or interest therein by an appraiser licensed in the state to substantiate the purchase price and that makes the purchase contingent on the approval of the contract by the state controller. The bill then specifies that when the state department, institution, or agency entering into the contract receives the appraisal and the contract is finalized, the state department, institution, or agency is required to provide a copy of the final purchase contract to the controller for approval. If a state department, institution, or agency enters into an option to purchase real property, the same appraisal contingency must occur when the state department, institution, or agency chooses to exercise its option to purchase and enters into a contract to purchase such real property or interest therein. The bill also requires a state department, institution, or agency to obtain a written broker opinion of value on the subject property in order to complete a thorough analysis of the property or interests therein being considered. The bill requires the broker opinion of value to be completed by a broker licensed in the state of Colorado and be forwarded to the controller prior to the controller approving the option to purchase contract.||NOT ON CALENDAR||05/07/2013 Sent to the Governor||No news items found|
|HB13-1250||Administer County Landscape Management||SONNENBERG / TOCHTROP||Section 1 of the bill includes rodents in the classes of pests that a county pest inspector has authority to address. Section 2 extends from 2 to 3 years the expiration date of a county pest inspector license. Section 3 raises from $5,000 to $10,000 the cap on how much a landowner may be billed for pest mitigation on the person's land. Section 3 also prohibits the county from compelling pest mitigation that exceeds that done on adjacent government land. A county pest inspector cannot sue the landowner or occupant for personal injury or property damage unless the landowner caused the injury or damage willfully. Section 4 authorizes a county pest inspector to exercise the powers already granted to counties to control weeds and rodents. Section 5 authorizes a county to exercise the powers already granted to county pest inspectors to control pests.||NOT ON CALENDAR||05/18/2013 Governor action - signed||No news items found|
|HB13-1269||Reduce Conflict Of Interest Oil And Gas Commission||FOOTE / JONES||Under current law, the Colorado oil and gas conservation commission: |
* Has mandates to reduce waste and to foster the development of oil and gas resources in a manner consistent with the protection of public health, the environment, and wildlife resources; and
* Can include at least 3 commissioners who are employed by the industry. Section 1 of the bill amends the commission's mandate to ensure that the development of oil and gas resources protects public health, the environment, and wildlife resources. Section 2 redefines "waste" to exclude reduced production that results from compliance with government regulation. Section 3 prohibits a newly appointed commissioner from being an employee, officer, or director of an oil and gas operator or oil and gas service company while serving on the commission.
|NOT ON CALENDAR||05/06/2013 Senate Second Reading Special Order - Laid Over Daily||No news items found|
|HB13-1283||Species Conservation Trust Fund||FISCHER / SCHWARTZ||The bill appropriates money from the species conservation trust fund for programs submitted by the executive director of the department of natural resources that are designed to conserve native species that have been listed as threatened or endangered under state or federal law, or are candidate species or are likely to become candidate species as determined by the United States fish and wildlife service.||NOT ON CALENDAR||05/21/2013 Sent to the Governor||No news items found|
|HJR13-1007||Water Projects Eligibility Lists||FISCHER / SCHWARTZ||*** No bill summary available ***||NOT ON CALENDAR||02/19/2013 Governor Action - Signed||No news items found|
|HJR13-1016||Colorado Kennel Clubs Dog Fanciers||CONTI / TOCHTROP||*** No bill summary available ***||NOT ON CALENDAR||03/07/2013:29 PM 04:10 Signed by the President of the Senate||No news items found|
|HJR13-1018||Colorado Agriculture Appreciation||SONNENBERG / BROPHY||*** No bill summary available ***||NOT ON CALENDAR||03/21/2013:28 PM 04:10 Signed by the President of the Senate||No news items found|
|HJR13-1024||Gunnison Sage-grouse Endangered Species Listing||CORAM / ROBERTS||*** No bill summary available ***||
Wednesday, May 8 2013|
CONSIDERATION OF RESOLUTION(S)
(7) in house calendar.
|05/08/2013 Introduced In Senate - Assigned to||No news items found|
|HJR13-1026||Protect Agricultural Water Supplies||SAINE & ... / BROPHY||*** No bill summary available ***||NOT ON CALENDAR||05/08/2013 Introduced In Senate - Assigned to||No news items found|
|HR13-1008||House Comm On Implementation Of Amendment 64||HULLINGHORST||*** No bill summary available ***||NOT ON CALENDAR||03/18/2013 House Third Reading Laid Over to 05/10/2013||No news items found|
|SB13-019||Promote Water Conservation||SCHWARTZ / FISCHER||Section 1 of the bill declares that increasing water use efficiency by appropriators promotes the maximum utilization of Colorado's water resources and is in the public interest. The amount of water that currently can be changed to a new type or place of use is limited by the amount of water that was historically consumed by the original type and place of use. Therefore, a water user has no incentive to reduce the amount of water diverted. Current law encourages the conservation of water in some contexts by eliminating from the determination of abandonment the period during which water is conserved under a variety of government-sponsored programs. However, in these contexts, the water conserved through a reduction in the application of the water to a beneficial use results in a reduction of consumptive use. Section 2 directs the water judge to disregard the decrease in use of water from such programs in its determinations of historical consumptive use in change of water right cases and adds to the list a decrease in water use to provide for compact compliance. Section 3 defines "conserved water", and section 4 directs water judges to allow a change of water right for conserved water.||NOT ON CALENDAR||05/18/2013 Governor action - signed||No news items found|
|SB13-030||Additional Review Of Rules Promulgated By Agencies||SCHEFFEL||For rules adopted on or after November 1, 2013, the staff of the committee on legal services are required to identify the rules that were adopted during each applicable one-year period as a result of legislation enacted during any legislative session commencing on or after January 1, 2013. After such rules have been identified, the staff of the committee on legal services are required to notify in writing any prime sponsors and cosponsors of the enacted legislation who are still serving in the general assembly, and the current members of the applicable committees of reference in the senate and house of representatives for that enacted legislation that a rule has been adopted as a result of the legislation. The bill also requires the posting of a completed cost-benefit analysis on the official web sites of the agencies completing the cost-benefit analysis and the official web site of the department of regulatory agencies.||NOT ON CALENDAR||04/08/2013 Governor Action - Signed||No news items found|
|SB13-041||Protect Water Storage Long-term Use||HODGE / FISCHER||In the case of Upper Yampa Water Conservancy Dist. v. Wolfe, 255 P.3d 1108 (Colo. 2011), the Colorado supreme court held that storage of water is not a beneficial use, at least where flood control and fire or drought protection are not the stated uses of the water, and that to perfect a conditional storage right, the water must be released from storage and put to beneficial use. Further, an applicant must show that it has exhausted its absolute storage rights before its conditional storage rights can be perfected. The bill reverses these holdings by: |
* Expanding the definition of "beneficial use" to include the impoundment of water for firefighting or storage for any decreed purpose (section 1 of the bill);
* Specifying in section 2 that:
* An applicant doesn't have to demonstrate that all existing absolute decreed water rights that are part of an integrated system have been utilized to their full extent to establish the need to exercise a conditional water storage right or to make it absolute, in whole or in part;
* When conditional water storage rights are made absolute, the decreed volume should be the extent of the volume of the appropriation that has been captured, possessed, and controlled at the decreed storage structure; and
* Carrying water over in storage from one year to another is not grounds for a determination of abandonment.
|NOT ON CALENDAR||04/08/2013 Governor Action - Signed||No news items found|
|SB13-075||Promote Water Conservation Of Designated Ground Water||BROPHY / SONNENBERG||Water Resources Review Committee. The bill specifies that once the state engineer issues a final permit for the withdrawal of designated ground water, a reduction in the amount of water used pursuant to the permit due to the conservation of water is not grounds to reduce the maximum annual volume of the appropriation, the maximum pumping rate, or the maximum number of acres that have been irrigated.||NOT ON CALENDAR||03/15/2013 Governor Action - Signed||No news items found|
|SB13-153||Sunset Farm-to-school Coordination Task Force||GIRON / SCHAFER||Sunset Process - Agriculture, Natural Resources, and Energy Committee. The bill continues the interagency farm-to-school coordination task force indefinitely.||NOT ON CALENDAR||03/22/2013 Governor Action - Signed||No news items found|
|SB13-174||Sunset Continue Food Systems Advisory Council||SCHWARTZ / LEBSOCK||Sunset Process - Senate Agriculture, Natural Resources, and Energy Committee. In 2010, the general assembly created the Colorado food systems advisory council (council) to foster a healthy food supply available to all Colorado residents while enhancing the state's agricultural and natural resources, encouraging economic growth, expanding the viability of agriculture, and improving the health of Colorado's communities and residents by making recommendations to the general assembly. The council is scheduled to repeal July 1, 2013. The bill continues the council indefinitely. The bill also adds 2 more members to the committee and ensures diversity among the existing members.||NOT ON CALENDAR||05/08/2013 Sent to the Governor||No news items found|
|SB13-201||Designate Shelter & Rescue Dogs & Cats State Pets||KERR / PETTERSEN||The bill designates dogs and cats that are adopted from Colorado animal shelters and rescues as the state pets of the state of Colorado.||NOT ON CALENDAR||05/13/2013 Governor action - signed||No news items found|
|SB13-223||Sunset Continue Noxious Weed Advisory Committee||BROPHY / MITSCH BUSH||Sunset Process - Senate Agriculture, Natural Resources, and Energy Committee. The bill continues the state noxious weed advisory committee indefinitely. 2 nonvoting members are added to the committee. One represents the Colorado department of transportation and the other represents the department of natural resources. The committee is also directed to make recommendations about noxious weeds on surface waters and public lands.||NOT ON CALENDAR||05/21/2013 Sent to the Governor||No news items found|
|SB13-230||2013-14 Long Appropriations Bill||STEADMAN / LEVY||*** No bill summary available ***||NOT ON CALENDAR||04/29/2013 Governor Action - Signed||No news items found|
|SB13-241||Industrial Hemp Growers Registration DOA||SCHWARTZ / CORAM||The bill repeals the industrial hemp remediation pilot program in the department of public health and environment, enacted by House Bill 12-1099, and replaces the pilot program with a program in the department of agriculture (department) that requires a person seeking to engage in industrial hemp cultivation for commercial purposes or to grow industrial hemp for research and development purposes to register with the department. The bill renames the industrial hemp remediation pilot program committee, established pursuant to House Bill 12-1099, as the industrial hemp committee, specifies the qualifications and terms of office of members serving on the committee, and tasks the committee with assisting the department and the commissioner of agriculture (commissioner) in the development of the registration program. The commissioner is authorized to collect fees from registration applicants to cover the costs of the program. Each registrant authorized to cultivate industrial hemp for commercial purposes must submit reports to the department certifying that the crop it plants complies with the delta-9 THC limits, as well as documenting that the registrant has a purchase agreement with an in-state industrial hemp processor. The commissioner is to develop rules requiring registrants to submit crop samplings for testing and verification of delta-9 THC levels and establishing a process for waiving delta-9 THC limits. Upon finding that a registrant violated the requirements of the program, the commissioner may impose a civil penalty on the registrant or deny, revoke, or suspend the registration. The registration program repeals upon the enactment of federal legislation establishing a federal regulatory system for industrial hemp and the economic and financial viability of the industrial hemp industry, as determined by the commissioner in consultation with the industrial hemp committee.||NOT ON CALENDAR||05/21/2013 Sent to the Governor||No news items found|
|SB13-252||Renewable Energy Standard Retail Wholesale Methane||MORSE / FERRANDINO||In the statute creating Colorado's renewable energy standard, the bill removes in-state preferences with respect to: |
* Wholesale distributed generation;
* The 1.25 kilowatt-hour multiplier for each kilowatt-hour of electricity generated from eligible energy resources other than retail distributed generation;
* The 1.5 kilowatt-hour multiplier for community-based projects; and
* Policies the Colorado public utilities commission (PUC) must implement by rule to provide incentives to qualifying retail utilities to invest in eligible energy resources. The bill also raises the percentage of retail electricity sales that must be achieved from eligible energy resources by cooperative electric associations that provide service to 100,000 meters or more from 10% to 25%, starting in 2020, and increases the allowable retail rate impact for cooperative electric associations from 1% to 2%. The bill expands the definition of "eligible energy resources" that can be used to meet the standards to include coal mine methane and synthetic gas produced by pyrolysis of municipal solid waste, subject to a determination by the PUC that the production and use of these gases does not cause a net increase in greenhouse gas emissions. The bill also implements a new eligible energy standard of 25% for generation and transmission cooperative electric associations that directly provide electricity at wholesale to cooperative electric associations in Colorado that are its members. The standard applies only to sales by these wholesale providers to their members in Colorado. The wholesale providers are required to make public reports of their annual progress toward meeting the standard by 2020. The PUC is granted no additional regulatory authority over these providers in the implementation of this standard.
|NOT ON CALENDAR||05/10/2013 Sent to the Governor||No news items found|
|SB13-264||Develop Rural Family Medicine Residency Programs||AGUILAR / MCLACHLAN||The bill requires the commission on family medicine to support the development of rural family medicine residency programs. The duty repeals after 3 years.||NOT ON CALENDAR||05/21/2013:42 AM 04:20 Signed by the Speaker of the House||No news items found|
|SJR13-005||Use Severence Tax Water Infrastructure||ROBERTS & ... / SONNENBERG||*** No bill summary available ***||NOT ON CALENDAR||03/15/2013 Signed by the Speaker of the House||No news items found|
|SJR13-006||Colorado 4-H Day January 28 2013||TODD / SONNENBERG||*** No bill summary available ***||NOT ON CALENDAR||01/30/2013:06 PM 04:20 Signed by the Speaker of the House||No news items found|