Rep. Wes McKinley, D-Walsh, and Rep. Jerry Sonnenberg, D-Sterling, are having a bill drafted that would create a pilot program, funded by gifts, grants and donations, to research the crop’s potential.

Areas that may benefit, says McKinley, are Rocky Flats, once the site of a nuclear weapons plant, and the Cotter Corporation’s uranium mine near Golden, as well as numerous abandoned mining properties around the state.

The hemp plants, which have been shown to absorb toxins from soil, would also provide benefits to both farmers and consumers, says McKinley.

“It would be nice to clean up these contaminated areas,” said McKinley. “Hemp can be a very beneficial crop providing food, fuel and fiber.”

Sonnenberg says if the study proves right, the plant could address agricultural problems with contaminated soil, too.

“There are so many possibilities for industrial hemp than it only makes sense to create win-win situations for agriculture,” said Sonnenberg.

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The easements—made possible through legislation  that aimed to preserve undeveloped land—and the resulting tax credits are created when a landowner allows a portion of property, meeting specific criteria, to be set aside for conservation. The state has called into question the value of some conservation easements.

House Bill 11- 1300, sponsored by Rep. Marsha Looper, R-Calhan, allowed disputes over the validity of conservation-easement tax credits to go directly to court rather than forcing landowners to await a ruling by the Colorado Department of Revenue. The measure set an expedited deadline for administrative cases to be resolved.

The majority of those whose credits are in dispute—455 cases out of 551—opted to be heard by a judge. Thirty-two chose to have their cases expedited with an outcome subject to a 2014 deadline rather than 2016.

Democratic state Rep. Wes McKinley, of Walsh, who has been a vocal advocate of those caught up in administrative red tape over the credits, said the numbers are reflective of the problem.

‘They wanted the state to stop harassing them,” said McKinley. “Now, at least, these folks have a direction they can go. I think the department is amazed at the number of cases utilizing this opportunity and realized that they needed to start listening to what these people were saying.”

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Steve Gunderson, director of the state’s Water Quality Control Division, told the the legislative Water Resources Review Committee the potential magnitude of the problem.

“Nutrients are more toxic than plutonium,” said Gunderson.

The committee took the testimony at a hearing Wednesday in accordance with House Joint Resolution 11-1025. The resolution outlines criteria to be studied by the panel in anticipation of rules and regulations to be proposed in March by the Colorado Water Quality Control Commission regarding the presence of  surplus nutrients.

When combined, nitrogen and phosphorus fuel the production of algae, which is essential for plant and animal health—but too much of which can contaminate waterways, according to the U.S. Environmental Protection Agency.  An excess of algae upsets the ecological balance for other life forms and requires urgent action, the federal environmental agency maintains. The EPA says the proliferation of such contaminants is a growing concern in the United States, and EPA rulings have encouraged states to adopt measureable standards and to develop mitigation strategies to reduce nutrients.

Gaining ground in controlling  nutrients will require mitigation efforts at wastewater-treatment plants, state officials say. One approach involves what’s called Biological Nutrient Removal, or BNR, using naturally occurring micro-organisms to remove the nutrients. BNR, however, cannot remove the nutrients to EPA-recommended levels, according to Gunderson.

Gunderson acknowledged, however, that costs and benefits may be out of synch in any such cleanup effort considering costly BNR technology may only partially address future projected standards from the EPA.

“The benefits are not always equal to the costs, but that’s one of the challenges of addressing nutrients—the cost,” said Gunderson.

That cost, says, Rep. Jerry Sonnenberg, R-Sterling, is indeed a concern.

“What idea the EPA or the state may have for what’s economically viable for small communities hasn’t necessarily, I think, met reality,” said Sonnenberg.

Rep. Roger Wilson, D-Glenwood Springs, contemplated how much control local communities could wield in mitigation efforts.

“Where there are standards implemented….and they have a requirement to treat water up to that standard, I’m wondering if they also have the authority to control the sources,” said Wilson. “There are two ways to clean up something. You can treat what comes in, but the other way is that you can implement some kind of rules, laws, local regulation to clamp down on the point sources that are causing the pollution.”

Sonnenberg countered that adopting quantifiable standards might disproportionately affect rural communities where agriculture and the use of fertilizers—containing nitrogen—are integral to their livelihood.

“Agriculture uses less fertilizer per acre than most homes do on lawns,” said Sonnenberg. “Do we really want to go down this road and force agriculture to find different ways to grow food that everyone depends on?”

Sonnenberg asserts that the nutrients-in-water conversation has been around for years—and that the jury is still out on both the impacts and causes of nutrient proliferation.

“Now they’re talking numbers, and it will be impossible to meet those numbers,” Sonnenberg said. “Let’s not handcuff ourselves with rules and regulations that cannot be met.”

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The state supplies about 44 percent of all potatoes imported by Mexico from the United States.  However, the trucks transporting the potatoes are subject to Mexican regulation that restricts the import to an area within 16 miles of the border.  Negotiations are underway to modify the rule.

Another consideration particular to the export of potatoes is the health of the varieties that are grown in Colorado. The Colorado Department of Agriculture regularly samples potatoes for pests that can infiltrate potato crops, particularly the golden nematode and pale cyst nematode.

In 2010 the legislature passed and then Gov. Bill Ritter signed into law the “Potato Seed Act” that puts in place safeguards to ensure potato harvests that are healthy and exportable.  Sen. Gail Schwartz, D-Snowmass Village, who carried the measure, and whose district encompasses the potato-growing San Luis Valley, says the passage of the measure was vital for growth in the industry and well positions the valley for an increase in exports to Mexico.

“This is exactly why we carried that bill,” said Schwartz. “This is part of the solution to strengthening the potato industry in the San Luis Valley. When we have such a remarkable product, we should be promoting it in as many markets as possible.  The potato industry creates the highest value for the Valley.”

Edward Avalos, Under Secretary for Marketing and Regulatory programs in the U.S. Agriculture Department, said today’s discussions between the two countries are not only reflective of the Obama Administration’s  vision for communities such as the San Luis Valley  but also are a mutually beneficial neighborly gesture.

“This administration is committed to revitalizing and supporting rural communities, and the San Luis Valley is a perfect example of a community that can benefit greatly from an expanded export of potatoes,” said Avalos. “When we talk about Mexico, it’s not just a common border. We’re talking about our neighbors.”

Hickenlooper, said he is continually looking for ways to boost Colorado products.

“We’re looking for opportunities to find places for exports of all kinds,” said Hickenlooper. “The hope is that the potato industry will be able to build on its existing trade with Mexico, helping both countries.”

Among those in attendance were a food retailer from Mexico, Jose Luis Vitela Mijares; Peter Jurado, a potato importer, and officials from the Mexican consulate in Denver.

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The audit, approved by lawmakers earlier this year and currently underway, says Looper, may help provide a useful backdrop to pinpoint any flaws in the system governing the easement program.

“I asked for this audit because I want to ensure that all of the checks and balances are in place to protect credit buyers, property owners and Colorado taxpayers from any future abuses,” said Looper.

The complex program has drawn scrutiny from the media and state regulators in recent years amid allegations of abuse. Landowners say they have acted in good faith,, yet the state says some have been granted a credit predicated on fraudulent land valuations. Meanwhile, third parties who buy surplus tax credits not needed or not used by the landowners are sometimes caught in the middle.  When the easement is called into question by the state, thousands of dollars are often at stake for all involved.

During this year’s legislative session, lawmakers looked at two measures aimed at resolving some of the conservation easement issues that have surfaced since the program was put in place. One of those measures, House Bill 1208, sponsored by Rep. Wes Mckinley, D-Walsh, failed and the other, House Bill 1300, sponsored by Looper, passed.

Looper’s bill allows disputes regarding easements to be heard in a district court before a judge. Currently, the matters are handled by administrative proceedings that have become severely backlogged.

Despite the growing saga over the integrity of the program, Looper says she believes it can be salvaged and its original intent preserved.

“Citizens throughout Colorado believe good, sound conservation practices are important to our quality of life, agricultural and wildlife heritage,” said Looper. “I am committed to working with my legislative colleagues, the DOR, property owners and credit buyers to ensure conservation easements are managed and utilized properly in our state.”

The audit is being conducted by the Office of the State Auditor, and is expected to be completed within a year’s time, according to Lesa Fischer, executive administrator in the audit office.

“It’s a thorough and time-consuming process,” says Fischer.

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In a signing ceremony at Aero Applicators, a crop-spraying service in Sterling , Reps. Jerry Sonnenberg, R-Sterling, and Jon Becker, R-Fort Morgan, joined the governor for the bill signing.

House Bill 1005, sponsored by Sonnenberg and Sen. Greg Brophy, R-Wray, repeals the provisions of last year’s House Bill 10-1195, which suspended tax exemptions on products used in agricultural goods such as pharmaceuticals for animals, pesticides and bull semen.

Sonnenberg says the repeal affords farmers and ranchers an opportunity to get back on their feet.

“With the economic hardships that many rural Coloradans face, the repeal of the ag tax will give ranchers and farmers the opportunity to grow their agribusinesses without burdening them with tax increases,” said Sonnenberg.

Yet, restoring exemptions from taxes may come at too high a cost, says Rep. Dickie Hullinghorst, D-Niwot, who opposed the measure when it was considered by the House.

“Everybody needs to take a little bit of a cut in these hard times,” said Hullinghorst.  “The agriculture market is doing pretty well right now, so, the question is—what is the trade-off here? There may be some other priorities for that revenue.”

The restoration of the tax exemption was a key component of budget negotiations that took place during the recently adjourned legislative session.  Majority House Republicans and minority Senate Republicans  sought to reinstate the exemptions, saying the ag community had been harmed after the exemptions were taken away.

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Lawmaker moves to stop sale of state nursing home in Trinidad

HB-1038–Fail

Lawmaker aims to reconcile land conservation, condemnation

SB-50–Pass

Bill would mandate physical activity for schools kids

HB-1069–Pass

State regulation proposed for blow-up bounce houses

SB-75–Fail

Senators question cost, pace of march toward renewables

SB-71–Fail

Senator says contracting out services could save schools money

SB-79–Fail

Foreclosure assistance bill gets broad bipartisan support

HB-1023–Pass

Bill requiring proof of citizenship to vote dies in committee

SB-18–Fail

Bill to streamline school meds is sent to waiting room

SB-12–Pass

School-trust land to get greater transparency under pending bill

SB-29–Pass

Questions about ballot questions? This bill aims to answer ‘em

HB-1035–Pass

SW Colorado lawmaker says stop raiding severance-tax proceeds

SB-35–Fail

HB-1123–Fail

Liability shield for mountain-biking biz fails in committee

SB-36–Fail

Lawmaker pushes to close loophole in identity theft

HB-1049–Fail

Requiring photo ID to vote wins a round in the House

HB-1003–Fail

Bill lets small employers chip in for individual health coverage

SB-19–Pass

Funding equity proposed for students at private, public colleges

HB-1168–Fail

Panel axes bill rolling back state worksers’ ‘partnership agreements’

SB-38–Fail

Local bicycle bans could hit roadblock at the Capitol

HB-1092–Fail

Dems’ bill would’ ensure state never spends more money than it has

HB-1052–Fail

Most pending reforms to state retirement system likely to die early

SB-76–Pass

SB-74–Fail

HB-1008–Fail

SB-127–Fail

Proposal underscore the ‘public’ in public records

SB-25–Pass

Lawmakers want utility to give the medically impaired a break

SB-87–Pass

Business community shows renewed optimism, clout at legislature

HB-1005–Pass

HB-1109–Pass

HB-1129–Fail

HB-1127–Fail

Panel OK’s bills targeting marketplace fraud, workplace discrimination

SB-72–Fail

SB-68–Fail

Workers with state vehicles won’t have to reimburse for the commute

SB-23–Fail

Coloradans will continue to elect their coroners

HB-1108–Fail

Undocumented students take a step toward in-state tuition

SB-126–Fail

Lawmaker: Let’s take a break from unpopular business tax

HB-1141–Fail

Committee kills effort to cut ‘carbon tax’ from utility bills

HB-1240–Fail

Senate passes youth-concussion bill

SB-40–Pass

House gives nod to one-stop shop to help small business

HB-1209–Pass

Bill would curb new wave of bullies at school

HB-1254–Pass

Regs on naturopaths rejected in committee

HB-1173–Fail

Dems offer bill for tax amnesty, transparency

SB-184–Pass

GOP lawmakers nix mandate, say greener schools come naturally

HB-1204–Fail

Senate votes to give homeowners a hedge against insurers

SB-15–Fail

Small-town rep seeks to keep communities whole amid redistricting

HB-1276–Fail

GOP legislation aims for remake of oil and gas board

HB-1223–Fail

Lawmakers throw a lifeline to homeless youths

HB-1079–Pass

Pending proposal would dump Xcel’s tiered power rates

HB-1271–Fail

House GOP seeks to reinstate spending limit

HB-1280–Fail

Service animal bill approved by Senate

HB-1151–Pass

Bill targeting domestic violence would tag death certificates

HB-1183–Pass

Daylight saving time wins first round

SB-22–Fail

Bill giving ex-cons a second chance draws scrutiny

SB-44–Fail

Unborn-child bill pulled by sponsor

HB-1256–Fail

Panel halts push for ’smart grid’- says private sector is smarter

SB-131–Fail

PERA bill sent back for revisions

HB-1248–Fail

Plan advances to bar felons from school employment

HB-1121–Pass

Local governments still can ding accident victims

HB-1059–Fail

Bid to curb vehicle late fees halted in Senate committee

HB-1084–Fail

Tailpipe testing of vehicles to continue in Larimer, Weld

HB-1082–Fail

Panel says preservationists should yield to property owners

HB-1289–Pass

Dust-up over health-benefit exchanges: ‘good policy, toxic politics?’

SB-200–Pass

McKinley backs owners on conservation easements: ‘A deal’s a deal’

HB-1208–Fail

Boyd’s beer bill moves ahead

SB-194–Fail

Legislative panel: Double-check child-care workers

HB-1145–Pass

Senate OK’s ‘parental involvement policy’ for ailing schools

HB-1126–Pass

Panel OK’s bill giving oil and gas commission a makeover

HB-1223–Fail

Panel agrees to incentives for alt-energy parks

HB-1255–Fail

Committee OK’s measure making PUC more accountable

HB-1222–Fail

Software tax cut said to be a slam dunk for both parties

HB-1293–Pass

Fast-tracked clean-air plan challenged by rival legislation

HB-1291–Pass

SB-236–Fail

SB-237–Fail

Panel nixes municipal elections on local trash collection

HB-1116–Fail

Cab passenger pick-up bill passes Senate

SB-180–Pass

Senators check the couch cushions for spare school funding

SB-1–Fail

SB-109–Fail

Senate panel draws a bead on ag land ‘loophole’

HB-1146–Pass

Lawmakers seek to get unemployment fund back on track

HB-1288–Pass

Roofers say they’re reeling from bad rep – seek

regulation

SB-207–Fail

After a year on hold, ag tax exemption back on track

HB-1005–Pass

Conservation easements: Plan pending to let landowners out of limbo

HB-1300–Pass

Food-sales bill aims to help rural climes – and ‘abgriburia,’ too

SB-258–Fail

Panel throws book at those who spit – on those who help us

HB-1105–Pass

Ag land ‘loophole’ bill goes to Guv

HB-1146–Pass

Businesses would get an ear on the bench under pending bill

HB-1302–Fail

Health care compact proposal wins first round

HB-1273–Fail

Proposal pitches a more effective way to grapple with graffiti

SB-256–Pass

Lawmakers eye easier credit for energy-efficient upgrades

SB-32–Fail

Lawmakers aim to retool former guv’s signature energy agency

HB-1312–Fail

A bill for Jerry’s kids – and fundraising firefighters

SB-270–Fail

Senate updates redistricting map

SB-268–Fail

HB-1319–Fail

State as bail bondsman of last resort? ‘Dog’ says no way

SB-186–Fail

‘Amazon Tax’ on its way out the door?

HB-1318–Fail

Legislation would open roads to off-roaders

HB-1264–Fail

Guv signs budget bill

SB-209–Pass

As Mom’s Day looms, lawmakers eye online flower sales

SB-271–Pass

Funds tapped to help fight state’s wildfires

SB-238—Pass

Legislation lets fest goers stroll with drinks in hand

SB-273—Pass

Lawmakers snip red tape in an assist to business

SB235–Pass

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Senate Bill 258, sponsored by Sen. Gail Schwartz, D-Snowmass Village, and Reps. Ed Vigil, D-Fort Garland, and Don Coram, R-Montrose, would allow non-perishable food such as baked goods or jams and jellies, as well as eggs, to be sold at farmers markets and similar venues by vendors who produce the goods in their home kitchens.  The bill bridges the gap between larger growers and producers, who sell wholesale, and smaller, home-kitchen operations that generate less than $5,000 in a year.

The products must be labeled and the vendor would be required to register with a regional board of health after training in food-handling safety.  Additionally, Schwarz says part of the intent of SB 258 is to highlight locally grown produce and locally produced food products through the use of the “Colorado Proud” label affixed to the products, as well as through greater promotion of farmers markets by the Department of Agriculture.

Schwartz said that the smaller growers add “variety and experience” and can contribute significantly to agri-tourism in the state.

“We need to find ways to support local farmers and local markets and promote Colorado,” said Schwartz.

Allowing small growers to turn their harvest into consumable products that can be sold could serve as a shot in the arm to those in rural communities struggling to make ends meet, says Schwartz.

“This is a jobs bill for rural areas,” said Schwartz.

Yet, Sen. Cheri Jahn, D-Wheat Ridge, says it’s not just about rural areas but also about urban and suburban areas, and SB 258 will allow part-time urban farmers to sell their products without being in violation of the law.  Jahn says more and more folks in non-rural areas are embracing what’s been called “agriburbia”—a blend of agriculture and suburban living. Farmers markets are a natural outgrowth of the trend.

“Agriculture has become urban,” said Jahn.  “Agriburbia trends have grown and will continue to do so even if it’s just a couple of chickens in the backyard. Let’s let people do what they want and let’s quit making things hard for people in this state—the little guy.”

Sen. Ted Harvey, R-Highlands Ranch, says the state shouldn’t have a say in whether or not someone can sell what they produce, regardless of their size of operation, as long as they are not selling anything harmful.

“If someone wants to sell jams or jellies at a farmer’s market—we shouldn’t be regulating that,” said Harvey.

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House Bill 1300, sponsored by Rep. Marsha Looper, R-Calhan, would allow disputes over the validity of conservation-easement tax credits to go directly to court rather than forcing landowners to await a ruling by the Colorado Department of Revenue.

The measure would also allow those who buy and sell the tax credits granted to the original owners to be a party to disputes in court, and it offers deadlines for resolution of the 600 or so cases currently pending: July 2014 for the donor and 2016 for related parties.

Today’s action by the House Finance Committee represented the second time this month that the panel was asked to dissect aspects of the complex program, which has drawn scrutiny from the media and state regulators in recent years amid allegations of abuse.  Earlier this month, the committee also heard House Bill 1208, by Rep. Wes McKinley, D-Walsh, and its fate has yet to be decided.  McKinley’s bill seeks administrative remedies for current easements that are in dispute

Looper said her bill’s aim is to provide options for landowners and tax-credit buyers who have been snared in red tape over challenges by the Revenue Department over the validity of conservation-easement tax credits.

In most case, said Looper, the tax credits are denied by the state years later, long after the credits may have been sold or transferred. The original landowner is contacted, along with the buyers, with interest and penalties beginning to accrue alongside prolonged administrative proceedings.

“I want these people to have access to an expedited process,” said Looper. “In some cases they (landowners and credit buyers) believe that they would have a more fair outcome in court.  They need to have the option of going to court and deserve to have the matter resolved in a timely way.”

The Department of Revenue in part blamed delays on a lack of resources.

“We recognize that it is hard on the taxpayer when they think they are clean and then they get a notice three or four years later that there is a deficiency,” said Phil Horwitz, the department’s director of tax-policy analyis. “However, we don’t have the resources to review returns when they are received.”

Notwithstanding the monetary cost of verifying legitimate tax credit claims, the Revenue Department’s public information officer, Mark Couch, says the very premise of granting tax credits for conservation easements may merit some revisiting.

“These have amounted to an unappropriated expenditure of more than $400 million on open space,” said Couch.

Supporting the bill, Stan Mann of Walsenburg, owner of a partially developed subdivision, whose credits are in dispute, said he is an innocent bystander in a legislatively devised  program that has gone awry. He said  he would more than welcome the opportunity to speak to a judge because he cannot get a response from revenue department officials as to why they said his land doesn’t have development value.

“I’d like the legislature to say, ‘We caused the problem, and now we’re going to fix the problem,’ ” said Mann.

Following today’s action, the proposal is headed to the House Appropriations Committee for consideration.

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House Bill 1005, sponsored by Sen. Greg Brophy, R-Wray, in the Senate and introduced by Rep. Jerry Sonnenberg, R-Sterling, repeals the provisions of last year’s House Bill 10-1195, which suspended tax exemptions on products used in agricultural goods such as pharmaceuticals for animals, pesticides and bull semen.

Brophy told the Senate Finance Committee hearing the bill that the agricultural community responded to last year’s discontinuation of the exemption by buying  what they needed across state lines, where the items are not taxed.

“These folks are simply doing what they have to keep their farms and ranches afloat,” said Brophy. “When they buy out of state, they are hurtng Colorado businesses.”

Sen. Michael Johnston, D-Denver said he welcomed the chance to restore the exemption. Recalling his visits to farms and ranches last summer, Johnston said he repeatedly heard from farmers and ranchers that the tax was burdensome to their bottom lines.

“I’m glad to have the opportunity to reinstate this for them,” said Johnston.

However, the unanimity in the bill’s passage is due, in part, to a negotiated agreement made between Democratic and Republican lawmakers over the 2011 budget.

Critics of the agreement say that the cost of restoring the exemption is too high.

“Every dollar counts when we’re balancing the budget, and now is not the time to reduce revenue,” said Ali Mickelson, a tax policy analyst with the Colorado Fiscal Policy Institute.

Yet, Sen. Lucia Guzman, D-Denver, said that she wouldn’t have voted for taking away the exemption in the first place even though her party supported the suspension last year.

“I know what it’s like living in a rural community from growing up in Texas,” said Guzman. “I may have been unpopular with my party but I would not have voted with them on this.”

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