HomeMy WebLinkAboutMinutes - Legislative Review Committee - 03/03/2009 -City Manager’s Office
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Legislative Review Committee Meeting Minutes
March 3,2009
The meeting convened at 4:00 p.m.
Present:Doug Hutchinson,Kelly Ohison,Ben Manvel,Darin Atteberry,Steve Roy,Wendy
‘v\ii jams,Tess Heffeman
The meeting summary of the February 17,2009 Legislative Review Committee was
approved.
I egislation Update:The Committee discussed new bills under consideration by the
Legislature and received an update on several bills discussed previously.Items in italics
indicate updates added after the March 3 LRC meeting
Discussion:
SB 143 Camera Radar (Bacon,Hullinghorst)
This bill has passed the Senate and is waiting to be introduced in the House.Senator
Bacon amended bill on Second reading to change fine to “$40 or so much as is necessary
to cover the expenses of the AVIS”.After discussion the Committee directed staff to
seek an amendment to clarify the fine language.Steve Roy and Tess Heffernan will meet
separately on this question.
SB 222 Traffic Automated Vehicle Identification (Lundberg)
Sets requirements for the size of the font and placement of signs warning of camera radar
or red light camera ahead.
o Position:Neutral
o The bill has passed the Senate and is waiting to be in1roduced in the House.
HB 1272 —Ltd Gaming Amend 50 Comm College Funding (Massey,Tapia)
implements “Amendment 50”.Original feedback irdicated that provisions dealing with
the share of the gambling funds that will go to “current recipients”would shrink over
tiMe while the share for the new recipients would increase and thus concerns about
historical preservation funding.We ha~e not been able to substantiate this.The fiscal
note does show a temporary reduction in 2009 while the new admin systems are put in
place.with increases beginning in 2010.
Passed House,assigned to Senate Education Committee
Position:è~eutral
0
1-lB 1273 Health Care for Colorado (Kefalas)
Creates the Colorado Health Care Authority,a political subdivision of the state.Its
mission is to create a health care system in Colorado that will be the benefits
administrator and payer for health care services.Requires the authority to create a
system to recommend to the general assembly that provides comprehensive medical
benefits to Coloradans.Hearing set for March 18.
Position:Neutral
HB 1284 Corridor Capacity Strategic Planning (Levy)
Creates a process where CDOT,MPOs and local governments develop a corridor
capacity strategic plan for congested areas or areas projected to become congested.
Allows CDOT to require the local government to collect an impact fee on CDOT’s
behalf Per Timothy Wilder:the bill needs to identify Land Use Plans as a necessary
input into the preparation of Corridor Plans so that the land use context is considered
when identifying transportation improvements and strategies.There also needs to be
some differentiation between minor and major development projects so that minor
projects are not unfairly burdened with fees and traffic studies,e.g.should the addition on
a sf house require a traffic study?Also,clarification is needed on the potential for
existing local impact fees overlapping with new fees that CDOT could impose.Could
have some positive outcomes but needs more work before its ready.
Position:Neutral for the time being;monitor closely,see what amendments may
come forward,and take a position later.
Additional TIF legislation (Hullinghorst)
This expected “late bill”has not yet been filed.It supposedly would require URAs after
5 years to give 5O°o of TIF back.Exempts Denver and broomfield from this
requirement.Ben Manvel noted that the CML Board has had some discussion on this.
SB 238 —Enforce Limited Local Fees Solar Panels (Mitchell)
Limits the total amount of fees that a utility can charge for approving a solar installation.
Per Carrie Daggett,could be problematic as it applies to total compensation received
from any source,and could be read to limit the development fees that can be charged.
The limit imposed is $500 total for a residential installation or $1,000 for a nonresidential
installation,or actual costs,~shichever is LESS,effectively capping fees at the specified
dollar amount.The bill is retroactive to May 2008 and requires damages for excess fees
charged.
Position:Oppose;building fees should remain a local issue
HB 1129 -Precipitat on Harvesting Pilot Projects
Directs the Colorado water conservation board to select up to 10 residential or mixed-ti ~e
developments that will con luct pilot projects t~collect rainwater f’~om rooftops and
impermeable surfaces for nonpotable uses.Idea is to see if this can be done without
injury to other water rights.
o Next hearing:Appropriations March 6
o Position:Support
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Update:
SB 180 Collective Bargaining (Tochtrop)
Grants firefighters and law enforcement officers the right to form,join,or assist a union,
negotiate collectively or express a grievance through representatives of their choice and
engage in other activity for the purpose of collective bargaining.Mandates that
employees must joinlpay for the union as a condition of employment.Includes
arbitration provisions that state that if an agreement can’t be reached,the options must be
given to the voters to decide at a special election.
o Position:Oppose
o Mayor Hutchinson testified at the Committee hearing.Bill goes next to
Appropriations but has been laid over.
RB 1070 Lands Prohibited from URAs (Fischer)
B Manvel testified at the first of thsee Committee hearings on this bill.Steve Roy
discussed the latest amendments being considered by Rep Fischer:removing the
arbitration language (keeping the existing arbitration statutes)and adding an amendment
allowing ag or vacant land but not generating TIF off those portions unless all taxing
entities agree.Committee members determined that if these changes are made,the City
will support the bill.
The final Committee hearing was held Feb 20.The bill had been amended to keep
the arbitration statutes as discussed above,however no changes were proposed to the
definitions of ag and vacant land.
o Failed 8-4.
RB 1282 -Electronic Device Recycling Task Force (Fischer)
Creates a task force within the CDPHE to make recommendations regarding the
implementation of an electronic device recyling program by December 2009.
Position:Support;Tess testified at Committee hearing
Passed Health and Human Services Committee 11-0;on to Appropriations
HB 1258 Limit Muni Extraterritorial Condemnation (Gardner,B.)
Regulates the exercise of eminent domain by a home rule municipality in connection with
the acquisition by ondemnation of property located outside the municipality’s
boundaries
~Position:Oppose
o Postponed indefinitely.
SB 003 Motor Vehicle Emissions Programs (Bacon &Fischer)
Beginning ii 2010 moves Weld and Larimer counties from the basic emissions program
of ~he automobile inspection and readjustment program to the enhanced emissions
program.
Position:support
Passed Committee 4-3.Thanks to Lucinda Smith for testifying in support.
0 0
HB 1105 Colorado Innovation Investment Tax Credit (Kefalas)
Creates the Colorado innovation investment tax credit for an equity investment in a
qualified small business that is in the aerospace,bioscience,clean energy,or information
technology industry.
o Position:support
o Passed Finance,on to Appropriations.
SB 156 Plastic Bag Reduction (Veiga)
Prohibits large retail stores from using plastic bags by 2012.Originally required
customers be charged 6 cents/bag until that date;provision deleted.
No position taken
“Lost”on 2nd reading
SB 99 State Procurement Supplier Databases
Would allow the State Purchasing department to develop a fee for vendors who have state
cooperative agreements.City Purchasing has no problem with the State imposing such a
fee built into their cooperative agreement.We do have a problem with a provision to
charge local public procurement units an additional fee.
Position:Opposed
Passed Committee 3-2 and passed Appropriations unanimously;Jim O’Neill still
working to get local public units exempted
SB 108 “FASTER”
MBR (VMT)pilot program removed and tolling scaled back.Vehicle registration fees
made it through.Final version has $5 m in local “transit”grant money;potential funding
source for Mason Corridor.
Position:support
Passed Senate and House.Senate gave final approval on a partisan 20-14 vote.
Governor signed March 2’~’.
SB 75 Low Speed Elec Self Propelled Vehicles (Marostica)
Authorizes the operation of low-speed electric vehicles (NEVs)on roads with a speed
limit of 35 miles per hour or less.
o Position:Neutral
o Passed 2nd reading with amendments
HB1094 Cell Phone Prohibitions for Drivers
Prohibits drivers tinder 1 8,school bus drivers,and carriers regulated by the PUC from
using cell phones while the vehicle is in motion.O~henvise,permits use of a cell phone
with a hands-free accessory.
Passed Committee.Not yet scheduled with Appropriations
SB 95 Construction Contract Prompt Pay (Tapia)
Ft Collins has standard contract language which protDcts both the City a~d Contractors.
This bill would require a complete rewrite of tnat language.It would make it more
difficult to manage projects.Time frames demanded in the legislation may make
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ensuring construction was done properly impossible before payment must be made.The
problem this bill is trying to address does not exist in the vast majority of local
governments.
o Position:opposed
o Passed Committee 3-2.Scheduled for Appropriations March 6.Hoping school board
lobbies will oppose it.
SB 51 Renewable Energy Financing Act (Carroll,M.)
Expand opportunities for financing retrofits,other aspects of renewable energy.Original
version of bill mandated utilities rebate a portion of their revenue for this purpose;
amended to exempt municipal utilities from this requirement.
o Passed Senate;not yet introduced in House.
SB 52 Waste Tire Fee Higher Ed Research Fund (Bacon)
A new funding source was found for the matching monies needed for the higher ed
grants,thus preserving the recycling funds.
Passed 2’~reading with amendments
Other Business
The next meeting of the LRC will be rescheduled to March 16,2009 from 12:00 1:00
p.m.Tess will be in Washington,DC at the NLC conference and will call in from there.
The meeting was adjourned at 4:50 p.m.