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HomeMy WebLinkAboutAgenda - Full - Legislative Review Committee - 05/23/2023 - 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, May 23, 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/98482746681 1. Approval of minutes from April 25, 2023 meeting a. Attached: April 25, 2023 minutes 2. Session review (40 min) a. Current Bill tracker status (attached) b. Off-session activities i. CC4CA ii. Engage with our delegation iii. CML events and Board openings 3. Other Business and Announcements (10 min) a. Committee Process debrief i. What worked well/Opportunities for improvement 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 *Draft* Minutes Tuesday, April 25, 2023 3:00-4:00PM Councilmembers present: Mayor Arndt, Councilmember Canonico (chair), Councilmember Gutowsky Staff present: Ginny Sawyer, John Duval, John Phelan, Sylvia Tatman-Burruss, Megan DeMasters, Megan Valliere, John Phelan, Honore Depew Guests present: Ed Bowditch (lobbyist), Jennifer Cassell (lobbyist) 1. Approval of minutes from March 21, 2023 meeting a. Attached: March 21, 2023 minutes b. Mayor moved to approve. Susan seconded. Passes 3-0. 2. Bill review (30 min) a. Governor’s property tax relief bill to be unveiled after a press conference tomorrow. Lots of housing work going on, lots left to accomplish. i. Carrie Kennedy (Gov tax advisor) says they’re trying to allow local governments to have more say in what they do. b. Current Bill tracker (attached) c. Other bills and bills for discussion i. HB-1171: Relating to Just Cause Evictions 1. Passed house 40-24. Will have a tougher time in the Senate. ii. HB 1115: Repeal Prohibition Local Residential Rent Control 1. May also have a harder time in the senate. 2. Committee not taking a position. iii. HB-1257: Mobile Home Park water Quality 1. Rep. Boesenecker bill. Adds more regulations. Concerns around this bill relate to the process of testing water and how efficient it’s going to be. Currently no money for implantation. iv. HB-1282: Protect Consumers from Additional Entities 1. Cathy Kipp bill. Additional layer of regulation over municipal utility. CAMU testified against this bill last week and shared FTC’s opposition. Bill continues to be delayed. v. HB-1294: Pollution Protection Measures 1. Interim committee, easier public input process for AQCC. Julie Pignataro submitted an op-ed on this bill in Colorado Politics. Allows any member of the public to submit a complaint directly to the state. Forces COGCC and AQCC to work together regarding permits. Aligns with our air quality goals particularly around oil and gas. Prohibits folks from polluting until they gain a permit. CAMU is opposed. 2. Is there more money for AQCC to build capacity to approve permits? a. Plan is to have HB21-1266 GHG fees pay for additional AQCC staff. vi. SB-111: Public Employees' Workplace Protection 1. Committee remain opposed. vii. SB-213: Land Use 1. 213 was introduced and discussed fairly quickly 2 or 3 weeks ago. Long committee hearing to testify mostly against the bill. A 50 page amended version out about two weeks ago with several hours of negotiations. 20 amendments were offered, most were friendly. The bill passed on a party line vote. Opposition coalescing around the bill. Now heading to senate appropriations. Currently: a. Keeps needs assessment study b. Creates a statewide task force that will convene folks to look at housing issues c. Two mandates remain: i. Must include manufactured housing ii. Remove occupancy limits – no implementation date outside of enactment of the bill. 2. Bill will be heard in appropriations tomorrow with amendment. Likely to be debated in second reading later that day. Tweaks here and there. viii. SB-270: Projects to Restore Natural Stream Systems 1. Comes from DNR. For folks who are testifying, terrible luck being placed on calendar super late at night. Bill has been dramatically scaled back. More coming next year from DNR. ix. SB-274: Water Quality Control Fee-setting By Rule x. SB-286: CORA – dramatically cut down – does not include any differentiation for the media. xi. SB-290: Natural Medicine Legalization & Regulation (Mushrooms) 1. Just introduced late last week. Will put into practice what voters passed in November. Gives a lot of control to Dept. of Revenue, related to facility regulations, licenses, etc. Does not give local governments control over licenses, only time, place, & manner. xii. Micro-trenching -Not introduced 1. Not coming xiii. Work comp bill 1. Not coming xiv. 1255 passed house yesterday and heading to the senate. Amendments related to narrowing what “anti-growth” means. Most concerns about this bill have gone away with the amendments. 3. CC4CA (20 min) a. 2023 Policy Statement review and adoption b. June 8th or 9th retreat where policy statement officially adopted. Then will direct CC4CA on types of bills to support over the next two years. c. Can choose to take formal action as LRC, and if LRC approves, Tricia and Lindsay can bring back to CC4CA. d. Are there any this group would want to look at specifically? i. Very much aligned with Fort Collins LPA. ii. Land use statement causing challenges in the coalition. e. Mayor Arndt shared appreciation and support. f. Tricia applauded CC4CA for their work and collaboration. g. Mayor moved to adopt policy positions of CC4CA. Susan seconded. i. Passes 3-0. 4. Other Business and Announcements (10 min) a. Other b. Weekly memo updates for these last few weeks. c. Last meeting after the end of session on Tuesday, May 23rd. d. Jenn and Ed are wondering if we want to take a position on 213. Committee remains at monitor. Bill # Title Description Position Bill Status (May 12, 2023) 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 Governor signed HB23-1057 Amenities For All Genders In Public Buildings Concerning a requirement that certain public buildings have restrooms with amenities for all genders, and, in connection therewith, making an appropriation. Monitor Laid Over Daily (Fail) 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 Governor signed 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 PI'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 Governor signed HB23-1161 Environmental Standards For Appliances Concerning environmental standards for certain products, and, in connection therewith, making an appropriation. Monitor Passed 3rd Reading HB23-1169 Limit Arrest For Low-level Offenses Concerning a non-arrest response by law enforcement for certain low-level offenses. Oppose PI'd 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 Concur-Repass (passed) HB23-1215 Limits On Hospital Facility Fees Concerning limitations on hospital facility fees, and, in connection therewith, making and reducing an appropriation. Oppose Concur-Repass (passed) HB23-1243 Hospital Community Benefit Concerning changes to the hospital community benefit, and, in connection therewith, making an appropriation. Oppose Signed by Pres of Senate (passed) HB23-1245 Campaign Practices For Municipal Elections Concerning requirements under the ""Fair Campaign Practices Act"" for municipal elections. Monitor Concur-Repass (passed) HB23-1255 Regulating Local Housing Growth Restrictions Concerning preemption of local regulations limiting the number of building permits issued for development. Monitor Concur-Repass (passed) HB23-1282 Protect Consumers From Additional Entities Concerning persons subject to the ""Colorado Consumer Protection Act"", and, in connection therewith, expanding the definition of ""person"" used for purposes of the act to include a public utility. Oppose Laid Over Daily (Fail) HB23-1294 Pollution Protection Measures Concerning measures to protect communities from pollution, and, in connection therewith, making an appropriation. Support Passed 3rd Reading SB23-016 Greenhouse Gas Emission Reduction Measures Concerning measures to promote reductions in greenhouse gas emissions in Colorado, and, in connection therewith, making an appropriation. Monitor Adopt Committee Report- Repass 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, expanding the power of the authority to enter into public-private partnerships, and making an appropriation. Support Sent to Govenor SB23-053 Restrict Governmental Nondisclosure Agreements Concerning restrictions on nondisclosure agreements that affect government employees. Monitor Signed by House Speaker SB23-058 Job Application Fairness Act Concerning required disclosures of age-related information on job applications, and, in connection therewith, making an appropriation. Monitor Concur-Repass (passed) 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 Concur-Repass (passed) SB23-111 Public Employees' Workplace Protection Concerning public employees' workplace protection from employer retaliation, and, in connection therewith, making an appropriation. Oppose Sent to Govenor SB23-150 Require Labeling Disposable Wipes Concerning a requirement that certain persons label disposable wipes. Support Governor signed 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, 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, and making an appropriation. Monitor Signed by Speaker of the House SB23-172 Protecting Opportunities And Workers' Rights Act Concerning protections for Colorado workers against discriminatory employment practices, and, in connection therewith, making an appropriation. Monitor Concur-Repass (passed) SB23-175 Financing Of Downtown Development Authority Projects Concerning the use of tax increment financing by downtown development authorities. Support Signed by Speaker of the House 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 Governor signed SB23-191 Colorado Department Of Public Health And Environment Organics Diversion Study Concerning a study regarding diversion of organic materials from landfills. Support Passed 3rd Reading SB23-200 Automated Vehicle Identification Systems Concerning the utilization of automated vehicle identification systems for increased traffic law enforcement by certain jurisdictions. Monitor Concur-Repass (passed) SB23-213 Land Use Concerning state land use requirements, and, in connection therewith, making an appropriation. Monitor Laid Over Daily (Fail) SB23-244 Technology Accessibility Cleanup Concerning updates to language in relevant Colorado statutes related to ensuring technology accessibility to persons with disabilities. Monitor Governor signed SB23-253 Standards For Products Represented As Compostable Concerning standards for products represented as compostable in the state, and, in connection therewith, making an appropriation. Monitor Sent to Govenor SB23-270 Projects To Restore Natural Stream Systems Concerning activities that restore the environmental health of natural stream systems without administration. Support Passed 3rd Reading SB23-286 Access To Government Records Concerning improving public access to government records. Monitor Concur-Repass (passed) City of Fort Collins 2023 Legislative Session Summary The 2023 General Assembly was in session from January 9 to May 8, 2023. The Democrats held the “trifecta” of control again, with Governor Polis in office and big majorities in the Senate (23- 12) and a super majority in the House (46-19). These majorities hinted at the legislation that we saw this session. There were 34 new members of the legislature after the election in November , including progressive and conservative members that led to many challenging moments. We did see rules implemented in the House as a handful of minority members were able to “slow down” the legislative process and force the House to work late nights (and into the mornings) and on the weekends. The majority party continued their theme of “saving people money” on housing, prescriptions drugs, and health care, and focused on other issues such as reproductive health, gun violence prevention, and air quality. There was a total of 683 bills introduced this session with roughly 550 of them passing the full process. The Governor has already signed more than 250 bills and has until June 7 to sign or veto the remaining bills. Here is a full list of action he has currently taken. Major Policy Bills School Finance Act: This was a record-breaking year for public education. The legislature increased the statewide average of per pupil funding to $10,614, bought down the Budget Stabilization Factor by $180 million, and allocated one-time funding of $30 million for rural schools in the School Finance Act, SB 23-287. Property Tax: Last year the legislature adopted two different bills to address property taxes , and this year was no different. With major concerns about the rise in assessed home values all over the state, the legislature introduced SB 23-303 in the last week of session. The bill reduces assessment rates for residential and non-residential properties for the next ten years, and it makes the Senior Homestead Exemption portable. The bill will only go into effect if it is passed by the voters in November as the bill also asks the voters to allow the state to keep a portion of your TABOR refund. TABOR Refunds: With the last bill introduced this session, the legislature again will send TABOR refunds to taxpayers this year in the form of a check. HB 23-1311 equalizes the $2.37 billion TABOR refund and will send a $661 check for single filers and a $1,322 check for joint filers. This is also contingent on a vote of the people. Land Use/Affordable Housing: The Governor’s primary policy proposal to the legislature was SB 23-213, which would impose new zoning requirements on local governments in order to promote the development of more affordable housing. The Senate eliminated almost all of the local government preemptions in SB 23-213, but the House amendments added back 3 of the 4 mandates from the introduced bill. When the time came for the Senate to consider the House amendments, the chamber engaged with the House and Governor’s Office to come up with a compromise, but to no avail. The bill was never brought up for a final vote, and ultimately, the Governor was handed his first legislative defeat. Gun Control: The package of bills aimed at gun safety measures generated significant debate . These include SB 23-168 which removes the immunity protections for gun sellers and manufacturers, SB 23-169 which raises the age to purchase a firearm to 21, and HB 23-1219 which implements a three-day waiting period before a seller can deliver a firearm. All of these passed the legislative process. Also of note this session were those bills that were brought by more progressive members of the majority party that did not make it through the process. As a way to address the affordable housing crisis, a bill was introduced to allow local governments to implement rent control measures in their jurisdiction. The bill (HB 23-1115) did not make it out of the Senate. Another bill that was defeated was HB 23-1118, which would have imposed restrictive scheduling requirements on employers in the retail and restaurant industries. And finally, HB 23-1202 would have given authority to cities to open safe injection sites for individuals who are at risk of overdoses. Ultimately, moderate legislation prevailed at the Capitol this session. State Budget The State’s budget – the Long Bill, SB 23-214 – passed the full process with little debate and changes. The bill appropriates $38.5 billion dollars in mandatory and discretionary spending. Some of the highlights of the budget include: 1. A $1,018/student increase in K-12 education funding. 2. A 10 percent increase in state support for higher education, and a cap on tuition increases for resident students of 5 percent. 3. $469 million in one-time allocations for work-force needs, housing affordability demands, economic development programs, and response resources. 4. A 3 percent increase in provider payments, with certain targeted categories receiving larger increases. 5. Additional resources to address wildfires, including $26 million to purchase a new Blackhawk Helicopter. 6. A 15 percent General Fund reserve. 2023 Ballot Measures As 2023 is an odd numbered year, we will only see fiscal issues on the ballot in November, in contrast with even numbered years when any issue can be on the ballot. The legislature referred two measures to the ballot - SB 23-303 will lower the assessment rates of residential and non- residential properties and HB 23-1311 will send individual TABOR refund checks to taxpayers. We are also expecting other initiatives that could make it to the ballot. These include a reduction to the state income tax and other property tax lowering measures. We will know the final measures certified for the ballot by mid-August. Fort Collins Legislation of Interest It was a busy session for local governments. One of the most concerning pieces of legislation was the Governor’s land use bill, SB 23-213. We tracked the bill as it was working its way through the process. The bill didn’t become a concern until it was amended in the Senate to prohibit a municipality from implementing occupancy limits. As the city has one currently in place, we worked with our delegation members and the Governor’s Office to amend the bill so we had additional time to comply with that section should the bill become law. While we were successful in amending the bill, the bill died on the final day of session when the House and Senate could not reconcile their policy differences. We had success in opposing several bills this year. First, it was a big year for law enforcement regulation bills and the most troubling was HB 23-1169 that would hinder our police officers from making arrests for municipal offenses for which there is no comparable state misdemeanor. While arrests are infrequent for these types of offenses, the ability to arrest for them is still needed to deter the behavior. In addition, some of the offenses - such as trespassing, hindering the flow of traffic, and open carry of firearms - would put the public’s safety at risk. We joined a coalition with CML and the Police Chiefs to oppose the bill, and because of the strong opposition the sponsor postponed indefinitely (killed) her own bill. We also opposed Rep Kipp’s bill (HB 23- 1282) to provide an additional level of consumer protection over our municipal utility and were able to keep it from being brought up for House considera tion. And lastly, a big win for us, and other self-insured entities, came when Rep Boesenecker’s workers compensation bill was not introduced, which would have struck a major blow to the system. The “caps” bill proposed dramatic alterations including removing the caps on benefits and the entire schedule of injuries that outlines specific benefit levels. The bill would have increased costs for public and private employers four times over, while also having an over $100 million impact to the state. Also, we supported the auto theft bill that was introduced in response to Colorado ranking number one in the nation for car theft. The legislature passed SB 23-097, which removes the monetary value of a car as a determining factor of the crime, with little opposition. HB 23-1101 did become law and extended the timeframe transportation authorities can qualify for the Ozone Season Transit Grant Program. And we supported a bill to help prevent people from flushing disposal wipes down the drain which subsequently clog our waste water systems. SB 23-150 would require wipes to be labeled “do not flush”, and fortunately, the bill breezed through the legislative process. We had a representative testify in support in both the House and Senate committees of reference. There were a few disappointments this session as well. We were not able to stop a bill targeting hospitals, but it was scaled back. HB 23-1215 addressed facility fees; ultimately the bill was narrowed to prohibit only certain health-care providers from charging facility fees for telehealth services, but still has an impact on our community hospital. Also, together with CML, we could not amend local governments out of SB 23-111, the public employee protections bill that conflicts with what we already have in place. Overall, it was a successful session for Fort Collins. Here is the full list of legislation tracked.