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HomeMy WebLinkAboutAgenda - Full - Legislative Review Committee - 03/21/2023 - City Manager’s Office City Hall 300 LaPorte Ave. PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 - fax fcgov.com Legislative Review Committee Agenda Tuesday, March 21, 2023 3:00-4:00PM Council Information Chambers (CIC) in City Hall 300 LaPorte Ave In-person with Zoom option Please click the link below to join the webinar: https://fcgov.zoom.us/j/95744374848 1. Approval of minutes from February 21, 2023 meeting a. Attached: February 21, 2023 minutes 2. Bill review a. Current Bill tracker (attached) b. Other bills i. HB-1132: Court Data Sharing (CML initiated/CML Support) ii. SB-111: Public Employee Workplace Protections (CML Oppose) iii. HB 1202: Overdose Prevention Center Authorization iv. HB-1242: Water Conservation in Oil & Gas Operations v. Micro-trenching -Not introduced vi. Workers Comp Bills – Not introduced vii. CORA – Not introduced viii. Utility Clean Energy Plans ix. Housing/Land Use Bill 3. Other Business and Announcements a. Other City Manager’s Office City Hall 300 LaPorte Ave. PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 - fax fcgov.com Draft Legislative Review Committee Minutes Tuesday, February 21, 2023 3:00-4:00PM Council Information Chambers (CIC) in City Hall 300 LaPorte Ave In-person with Zoom option Councilmembers present: Mayor Arndt, Councilmember Canonico (chair) Councilmembers absent: Councilmember Peel (excused) Staff present: Ginny Sawyer, Tyler Marr, Megan Valliere, John Duval, Eric Potyondy, Honore Depew, John Phelan, Jessica Jones Guests present: Ed Bowditch (lobbyist), Jennifer Cassell (lobbyist), Kevin Jones (Fort Collins Chamber of Commerce) 1. Approval of minutes from January 24, 2023 meeting a. The Mayor moved to approve the minutes from the January 24th, 2023, meeting. Councilmember Canonico seconded. Motion passed 2-0. 2. Bill review a. The Legislative Review Committee reviewed bills that LRC members, City staff, and lobbyists are monitoring. The following table details the specific bills that LRC discussed. Bill/Bill Topic Introduced Y/N Prime Sponsors LRC Discussion Action Taken, Recommendation or Consensus from LRC HB23-1039 - “Electric Resource Adequacy Reporting” Y Rep. Bird Sens. Rodriguez and Winter CAMU and PRPA indicated that they are okay with this bill due to the incorporation of some language requested by PRPA. N/A HB23-1057 - “Amenities For All Genders In Public Buildings” Y Reps. Karen McCormick and Vigil Sen. Jaquez Lewis This bill requires that all new public facilities include gender neutral restrooms. N/A HB23-1101 - “Ozone Season Transit Grant Y Reps. Vigil and Bacon Sen. Winter This bill is meant to increase the flexibility of grant dollars available through the ozone Based on conflicting information about Program Flexibility” season transit grant program. The bill has passed the House and should be scheduled for hearing in the Senate soon. whether Fort Collins would be eligible for grant funding given our fare free model, Jen and Ed will work on sharing our interest in clarification or a friendly amendment to ensure our eligibility with our delegation members. HB23-1115 - “Repeal Prohibition Local Residential Rent Control” Y Reps. Mabrey and Velasco Sen. Rodriguez Would remove the prohibition on local governments from enacting rent control for residential properties/units. N/A HB23-1127 - “Customer’s Right to Use Energy” Y Rep. Winter Sen. Baisley No longer relevant – postponed indefinitely in House Committee on Energy & Environment. N/A HB23-1131 - “Majority of Unit Owners Required for Home Owners’ Association Budgets” Y Rep. Weinberg No longer relevant – postponed indefinitely in House Committee on Transportation, Housing & Local Government. N/A HB23-1134 - “Require Electric Options in Home Warranties” Y Reps. Joseph and Kipp Sen. Cutter This bill passed the House and was introduced in Senate last week. Its purpose is to reduce gas appliance use. N/A HB23-1148 - “Temporary Prohibition on Rule-making After Rule Adopted” Y Rep. Evans Sen. Pelton Councilmember Canonico indicated some curiosity about this bill, and Ed shared that it is unlikely tomake it out of the House Committee on State, Civic, Military, & Veterans Affairs. N/A HB23-1161 - “Environmental Standards For Appliance” Y Reps. Kipp and Willford Sen. Cutter Has been introduced in the house but not yet heard in committee. Would update N/A standards for certain appliances and fixtures sold in the state. HB23-1166 - “Repeal Retail Delivery Fees” Y Rep. Pugliese Sen. Will No longer relevant – postponed indefinitely in House Committee on Transportation, Housing & Local Government N/A HB23-1169 - “Limit Arrest For Low-level Offenses” Y Rep. Bacon This bill would prohibit law enforcement from arresting people based on petty offenses. CML and many municipalities are paying attention to this bill since it violates home rule authority/local control and may cause concerns related to public safety. The group directed Jen and Ed to share our opposition with members of our delegation, and they said they would write up fact sheets and do so. HB23-1190 - “Affordable Housing Right of First Refusal” Y Reps. Boesenecker and Sirota Sen. Winter Would create a right of first refusal for local governments or their agents to purchase multi- family dwelling units to use for affordable housing. Rep. Boesenecker has shared that he would greatly appreciate a support position from Fort Collins. The bill may be heard in committee week of 02/27. N/A SB23-011 - “Minor Driver’s Education Requirements” Y Sen. Winter Reps. Boesenecker and Lindsay Would provide a tax credit for parents of minors who take a driver’s ed program, good for up to $1000. N/A SB23-016 - “Greenhouse Gas Emission Reduction Measures” Y Sen. Hansen Reps. McCormick and Sirota Would require local government to expedite the process to install new transmission lines. It also includes increased GHG reduction goals at smaller intervals (every five versus ten years). When the bill was discussed at CAMU, people suggested keeping a lot of the content but removing language related to adding new goals since the state will be completing a GHG inventory later this year. N/A SB23-035 - “Middle Income Housing Authority Act” Y Sens. Bridges and Moreno Rep. Herod Clarifies powers of the existing middle-income housing authority and expands the number of people on the board of directors. N/A SB23-058 - “Job Application Fairness Act” Y Sens. Danielson and Jaquez Lewis Reps. Willford and Young Would prohibit employers from inquiring about an applicant’s age, date of birth, or transcripts that indicate date of graduation from an education institution on an employment application. N/A SB23-097 - “Motor Vehicle Theft and Unauthorized Use” Y Sens. Zenzinger and Gardner Reps. Bird and Soper Would eliminate value differentiation in auto theft cases so that any auto theft regardless of the value of the vehicle is classified as a felony. N/A SB23-143 - “Retail Delivery Fees” Y Sens. Fenberg and Van Winkle This bill would allow businesses to assume retail delivery fees from a purchaser, potentially simplifying itemized recipients and point of sales systems for businesses. N/A SB23-150 - “Require Labeling Disposable Wipes” Y Sens. Roberts and WIll Reps. Froelich and Frizell Would require producers of pre-moistened wipes to put on the packaging language to the effect of “do not flush, these products will clog sewer lines.” N/A CORA Bill N Sen. Hansen In its current draft, the bill would create a differentiation in fees for CORA requests based upon a requestor’s status as a member of the media. There are quite a few concerns regarding this bill’s attempt to define “the media” for the purposes of CORA requests. N/A Microtrenching Bill N Rep. Titone CML still opposes this bill. The second draft still requires local governments to allow micro- trenching, and the only way we would be able to reject an application is if it is in the interest of health and safety. Our engineering staff has The City generally opposes microtrenching as a concept or procedure for broadband installation and concerns about maintenance liability over time. did not use it for Connexion. Access to Government Meetings N Rep. Ortiz While the bill has not yet been introduced, the current draft requires that all elected officials be able to access facilities regardless of physical (dis)ability. Additionally, every meeting of a local government or school district would need to be fully accessible/streamed where there is public comment. Ed shared that they are hoping for a tighter definition of “public meeting” for the purposes of the bill, and Tyler shared that we would like to see a clear definition of “streaming” as well. N/A Worker’s Comp Bill N Rep. Boesenecker While the bill is not yet introduced, the most recent draft would remove the worker’s comp impairment rating schedule and replace it with the whole person schedule. Inherently, benefits are greater in the whole person schedule, so costs of plans would go up quite dramatically. N/A Water Bill Idea N Unknown The Mayor shared an idea for a bill related to water sharing among adjacent districts. At water congress a few weeks ago, the Assistant State Engineer indicated support. The Mayor and Eric Potyondy will get something set up offline to strategize about bringing it forward and the best way to do that. N/A Land Use Bill N Originating from the Governor’s Office, sponsors TBD We may see a copy in March. While an initial rough draft may exist, no one has seen it yet. There aren’t any substantive updates to share on this bill at this juncture. The group discussed that several portions of the bill as introduced may address policy goals held by City Council, but home rule authority is also our baseline foundation for evaluating proposals from the General Assembly. Domestic Violence in County vs. Municipal Courts N Unknown The Mayor shared that Judge Heuser opposes any bill that takes power from the municipal court regarding its ability to hear domestic violence cases. We are open to requirements regarding Victims’ Assistance programming for municipal courts hearing DV cases, but we do not support any attempt to remove authority from municipal courts. 3. Other Business and Announcements a. Staff are working on sending out bi-weekly updates to LRC during the legislative session. These include Jen and Ed’s updates, LRC meeting minutes and agendas, and the City’s bill tracker. Please feel free to reach out anytime with questions or if something surfaces on which members would like to engage or take a position. Bill # Title Description Position Sponsors (House and Senate) HB23-1039 Electric Resource Adequacy Reporting Concerning a requirement that electric load-serving entities periodically report about the adequacy of their electric resources, and, in connection therewith, making an appropriation. Monitor House: S. Bird (D); Senate: F. Winter (D), R. Rodriguez (D) HB23-1057 Amenities For All Genders In Public Buildings Concerning a requirement that certain public buildings have restrooms with amenities for all genders. Monitor House: K. McCormick (D), S. Vigil (D); Senate: S. Jaquez Lewis (D) HB23-1101 Ozone Season Transit Grant Program Flexibility Concerning support for transit, and, in connection therewith, increasing the flexibility of the ozone season transit grant program and increasing opportunities for transit agency participation in regional transportation planning. Support House: J. Bacon (D), S. Vigil (D); Senate: F. Winter (D), N. Hinrichsen (D) HB23-1115 Repeal Prohibition Local Residential Rent Control Concerning the repeal of statutory provisions prohibiting local governments from enacting rent control on private residential property or a private residential housing unit. Monitor House: J. Mabrey (D), E. Velasco (D); Senate: R. Rodriguez (D) HB23-1134 Require Electric Options In Home Warranties Concerning mandatory provisions in home warranty service contracts, and, in connection therewith, requiring a home warranty service contract to include terms allowing a homeowner to replace any of certain gas- fueled devices with a device that operates on electricity. Monitor House: C. Kipp (D), J. Joseph (D); Senate: L. Cutter (D) HB23-1161 Environmental Standards For Appliances Concerning environmental standards for certain products. Monitor House: C. Kipp (D), J. Willford (D); Senate: L. Cutter (D) HB23-1169 Limit Arrest For Low-level Offenses Concerning a non-arrest response by law enforcement for certain low-level offenses. Oppose House: J. Bacon (D); Senate: HB23-1190 Affordable Housing Right Of First Refusal Concerning a right of first refusal to purchase qualifying multifamily residential property by a local government. Support House: E. Sirota (D), A. Boesenecker (D); Senate: F. Winter (D) SB23-016 Greenhouse Gas Emission Reduction Measures Concerning measures to promote reductions in greenhouse gas emissions in Colorado. Monitor Senate: C. Hansen (D); House: E. Sirota (D), K. McCormick (D) SB23-035 Middle-income Housing Authority Act Concerning the operation of the middle-income housing authority, and, in connection therewith, adding members to the board of directors and expanding the power of the authority to enter into public-private partnerships. Monitor Senate: D. Moreno (D), J. Bridges (D); House: L. Herod (D) SB23-053 Restrict Governmental Nondisclosure Agreements Concerning restrictions on nondisclosure agreements that affect government employees. Monitor Senate: B. Kirkmeyer (R); House: SB23-058 Job Application Fairness Act Concerning required disclosures of age-related information on job applications, and, in connection therewith, making an appropriation. Monitor Senate: J. Danielson (D), S. Jaquez Lewis (D); House: M. Young (D), J. Willford (D) SB23-097 Motor Vehicle Theft And Unauthorized Use Concerning the adoption of the 2023 recommendations of the Colorado commission on criminal and juvenile justice regarding motor vehicle offenses committed by a person who is not the owner of the motor vehicle, and, in connection therewith, making an appropriation. Monitor Senate: R. Zenzinger (D), R. Gardner (R); House: S. Bird (D), M. Soper (R) SB23-150 Require Labeling Disposable Wipes Concerning a requirement that certain persons label disposable wipes. Support Senate: D. Roberts (D), P. Will (R); House: M. Froelich (D), L. Frizell (R) SB23-166 Establishment Of A Wildfire Resiliency Code Board Concerning the establishment of a wildfire resiliency code board, and, in connection therewith, requiring the wildfire resiliency code board to adopt model codes and requiring governing bodies with jurisdiction in an area within the wildland-urban interface to adopt codes that meet or exceed the standards set forth in the model codes. Monitor Senate: T. Exum Sr. (D), L. Cutter (D); House: M. Froelich (D), E. Velasco (D) SB23-172 Protecting Opportunities And Workers' Rights Act Concerning protections for Colorado workers against discriminatory employment practices. Oppose Senate: F. Winter (D), J. Gonzales (D); House: M. Weissman (D), J. Bacon (D) SB23-175 Financing Of Downtown Development Authority Projects Concerning the use of tax increment financing by downtown development authorities, and, in connection therewith, creating automatic extensions of the periods during which a portion of property tax revenues may be allocated to finance projects of an authority and allowing an authority to incur debt under certain circumstances. Support Senate: J. Rich (R), S. Jaquez Lewis (D); House: A. Boesenecker (D), R. Taggart (R) SB23-183 Local Government Provision Of Communications Services Concerning the elimination of the requirement that a local government obtain voter approval to provide certain communications services. Monitor Senate: K. Priola (D), M. Baisley (R); House: B. Titone (D), R. Weinberg (R) Fort Collins Legislative Update March 10, 2023 View this email in your browser GENERAL UPDATE Greetings from the Capitol – Thursday was Day 60 – we officially hit the halfway point of the 2023 session. A total of 468 bills have been introduced, with many more currently being drafted. Yesterday, the House considered two controversial bills – HB 23-1202 (Overdose Prevention Center Authorization) and HB 23-1219 (Waiting Period to Deliver a Firearm). The second reading floor debate started at 1 pm, and lasted a full 18 hours – until 7 am Friday morning. Further filibuster sessions can be expected in the next two months. As we look to the second half of the session, we can anticipate a major focus on the following issues: 1. State Budget. The Long Bill is scheduled to be introduced on Monday, March 27; each chamber will spend one week debating the state’s budget priorities. 2. Guns. The package of bills aimed at gun safety measures introduced by the Democrats is generating significant debate – and these lengthy debates will continue. 3. Property Taxes. As 2023 is a reassessment year, homeowners will receive their Notice of Valuation on May 1. The significant increases this year are causing many legislators and the Governor to consider mechanisms for property tax relief. One bill on this topic, HB 23-1054, which eliminates the 2023 reassessment for most classes of property, has been killed in committee. Another bill – SB 23-108, which would allow local governments to temporarily reduce mill levies, passed the Senate unanimously and is awaiting introduction in the House. Thirty-two of the Senate’s 35 members added their names as sponsors. 4. Affordable Housing. There continue to be many bills on affordable housing under consideration – including a controversial measure eliminating the statewide prohibition on rent control (HB 23- 1115) that passed the House on a vote of 40-24. It is awaiting its first Senate hearing. 5. Other? There are always surprises in the legislature, and there are sure to be some unexpected bills that take up a lot of time. OF INTEREST TO FORT COLLINS The next draft of the CORA bill has been circulated and will likely be introduced later this month. Also, SB 23-150, requiring labels for disposable wipes, has been passed unanimously by the Senate on second reading and is awaiting Senate third reading. SB 23-097, Motor Vehicle Theft, passed Senate second reading on the consent calendar and awaits Senate third reading. F o r t C o l l i n s B i l l R e p o r t Subscribe Past Issues RSSTranslate