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HomeMy WebLinkAboutMinutes - Legislative Review Committee - 02/28/2002 -r r LEGISLATIVE REVIEW COMMITTEE Meeting Summary February 28,2002 Legislative Review Committee Present:Ray Martinez,Marty Tharp,Eric Hamrick Staff:John Fischbach,Diane Jones,Ron Phillips,Tom Vosburg,Carrie Daggett,Mike Smith,Mark Radtke The meeting was called to order at 8:05 a.m. MEETING SUMMARY The meeting summary for the January 31,2002,Legislative Review Committee meeting was approved as written. PENDING LEGISLATION ITEMS FOR POLICY DISCUSSION SB 156 adds in-stream flow for recreational or scenic purposes to the list of beneficial uses that can justify the holding of water rights.Mike Smith described the bill and noted that while increased in-stream flows are desirable for many reasons,bill language could threaten downstream rights.He said it is unclear in the bill how far a water rights holder could run his water in-stream.He noted the Colorado Water Congress has strong concerns about the bill.John Fischbach said the City’s water counsel is opposed to the measure.Committee members decided to take additional time to read over the bill and seek more information before taking a position. The Committee discussed the issue of air quality attainment.Representative Steve Johnson has been approached by the Department of Public Health to carry a bill that would “pre-approve”a 10-year Carbon Monoxide Standards Maintenance Plan for Fort Collins.The Department wants Fort Collins to declare attainment and move into a Maintenance Plan.Ron Phillips explained the State could end the emissions inspection program as part of the Maintenance plan.The result would be a 10%increase in CO emissions,which could lead to the City to violating CO emissions limits.Mr.Phillips said such a violation could result in the loss of most of Fort Collins’federal transportation finds.Mark Radtke said negotiations are underway with Representative Johnson and the State to develop protections for the City should a Maintenance Plan bill go forward. Last year the legislature enacted a law requiring governing bodies to keep minutes of executive sessions.Mr.Radtke brought the Committee’s attention to FIB 1342,which requires that such minutes be tape recorded,if regular sessions were tape recorded prior to the new law.A neutral position was taken on the measure. 0 SB 74 adds sexual orientation and gender identity to the protected classes in terms of hiring,employment practices,training and instructional programs.This item was brought back to the Committee with the report that the Colorado Municipal League has taken no position on the bill,and with the clarification that the bill’s sponsors intent is to include benefits under the definition of “compensation”as described in the bill.Mr.Fischbach said the latter becomes a major financial issue with an impact estimated at $600,000 for the City.Mayor Martinez expressed concern about the costs and cited soaring health insurance costs in San Francisco when partner’s benefits were included.Councilmember Hamrick said he supports domestic partnerships,but shared concerns about the cost.The Committee decided not to take a position on the bill. PENDING LEGISLATION -ITEMS FOR INFORMATION HE 1310 is the Governor’s omnibus transportation finding bill.Mr.Radtke explained the bill has been amended to remove the creation of a Tolling Authority Board,although tolling on new construction could be imposed by CDOT.A second amendment splits the State’s capital budget evenly between transportation and capital improvements.The bill has been approved by the House and moves to the Senate.Mr.Fischbach noted the bill does not include any local government share back of finds.Mr.Phillips outlined the anticipated Senate plan which relies heavily on the “growth dividend”generated by population undercounts under TABOR.The Committee will not take a position on the I-lB 1310. HE 1315 creates a State Office of Preparedness and Security.Mr.Radtke explained the Office would oversee several existing state agencies and flannel federal anti-terrorism finds to state and local agencies.Mayor Martinez expressed concern over federal finds going through the state rather than directly to local governments.He said the Conference of Mayors anticipates some $3.8 billion be distributed to the states.He believes most of that money should be coming directly to local communities.The Mayor said funding should be handled through a FEMA grant process.Councilmember Tharp expressed concern that a new Office only creates another layer of government to slow the grant process.The Committee supported one section of the bill,which allows state and local governments to keep facility security arrangements confidential.Carrie Daggett suggested that section might be expanded to include detailed information on infrastructure.The Committee voted 3-0 to oppose FIB 1315. FIB 1319 grants condemnation powers for utility easements to cities and public utilities along railroad rights-of-way.Mr.Radtke said the bill would give these entities the same rights now held by telecommunications utilities.He explained a perception of price gouging for utility easements prompted the bill,which is being opposed by the railroads. Mr.Phillips suggested the City remain neutral on the bill as we are currently engaged in negotiations with the railroads on projects in a cooperative atmosphere.The Committee voted 3-0 to take a neutral position on the bill. FIB 1326 would make the Uniform Electronic Transactions Act part of Colorado law. Mr.Radtke explained the bill sets up the mechanism for legally binding documents to be r r executed via electronic transfer.While there is little opposition to the bill itself,a $700,000 appropriation to set up state rules and monitoring have caused the bill to stall in House Appropriations.The City is already in support of the bill. Mr.Radtke informed the Committee that NB 1192,the SLAPP lawsuit bill,remains on the House Second Reading calendar,and that SB 150,the measure requiring CDOT/MPO collaboration in transportation project decisions has passed the Senate. Mr.Phillips returned to the issue of transportation fhnding plans and noted in the anticipated Senate plan the local government share back is 35%of that Rind,as opposed to the 40%in the existing HUTF.He suggested a letter be sent to Senate leaders urging the traditional finding split be used.Councilmember Tharp suggested a letter also be sent to the sponsors of HB 1310 urging that a local share back be included in their measure.The Committee authorized Mr.Fischbach to sign those letters. The Committee will next meet at 8:00 a.m.,Thursday,March 14,2002 at the City Manager’s Conference Room. The meeting was adjourned at 9:12 a.m.