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HomeMy WebLinkAboutAgenda - Full - Legislative Review Committee - 03/05/2018 - 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 March 5, 2018 3:00-4:00 Commons Conference Room, City Hall, 300 LaPorte Ave., Building A 1. Approval of minutes from February 5, 2018 Meeting (3 minutes) Attached: February 5 Minutes 2. Agenda Review (3 minutes) 3. Update from Bowditch and Cassell (10 minutes) 4. Bill Review (30 minutes) • Bill Report can be found here (also attached in packets) • Bill review: o Recommended support: HB 1107, 1190 and SB 143 o Recommended oppose: none currently identified o Recommended monitor: HB 1073, 1127, 1191 and SB 144 o Bills of priority for lobbyists Attached: Bill tracker and dossier up to date as of 2/28/18 5. Standing agenda item: CC4CA update (5 minutes) • CC4CA February Newsletter Attached 6. Set agenda for Legislative Lunch on March 7th (10 minutes) 7. Other business (5 minutes) 1 Legislative Review Committee Meeting Minutes February 5, 2018, 3:00 p.m. Commons Conference Room Councilmembers Present: Ken Summers, Ray Martinez, and Bob Overbeck Staff Present: Jeanne Sanford, Ginny Sawyer, Jeff Mihelich, Tyler Marr, Alyssa Johnson, Carrie Daggett, John Phelan, Lindsey Ex, Lisa Rosintoski Others Present: Kevin Jones, Dan Betts The meeting came to order at 3:02 pm. Approval of Minutes LRC approved the minutes of the January 22nd meeting unanimously. Update from Bowditch and Cassell • Day 27 of legislative session and 370 bills have been introduced. General themes: transportation, affordable housing, energy, oil and gas, public safety, and broadband. • Overall, atmosphere is positive at the Capitol and only good things to report. Bill Review Bill # Short Title LRC Discussion LRC Position Support or Recommended Support Bills HB 1071 Regulate Oil Gas Operations Protect Public Safety • Discussion regarding how health and safety of community would be protected. Question is whether the CO oil and gas commission has to consider health and safety requirements in their process in application review. • Councilmember Martinez requests information based on criteria used to measure adverse environmental impacts mentioned in the bill. Support SB 066 Extend Operation Of State Lottery Division • Discussion regarding earmarking portion of lottery funds for transportation. Support HB 1076 Peace Officers Standards and Training Board Revoke Certification • Discussion regarding what is considered an untruthful statement. Unclear how broad it is – includes falsehood by omission or commission. Monitor 2 For Untruthful Statement • Councilmember Martinez would like to monitor the bill and find out what policies are in place with our Police Services. Oppose Bills HB 1089 No Monetary Conditions Of Bond For Misdemeanors • Councilmember Martinez oppose. • Councilmember Overbeck oppose. • Consistent with a lot of bills in the last 5 years to limit the types of cases which can put people in jail for inability to pay bonds. Oppose HB 1067 Right to Rest Act • Councilmembers Martinez and Summers expressed interest in attending this hearing. Oppose HB 1072 Red Light Camera Repeal Discussed at previous meeting – no changes. Oppose SB 006 Recording Fee to Fund Attainable Housing Discussed at previous meeting – no changes. Oppose SB 045 Repeal Architectural Paint Stewardship Act Discussed at previous meeting – no changes. Oppose Monitor Bills HB 1080 Climate Leadership Awards Program • Is this the appropriate venue for awarding climate leadership? Monitor SB 041 Authorize Water Use Incidental Sand And Gravel Mines • No impact on City’s water operations. • Councilmembers Summers and Overbeck expressed desire to continue to monitor. Monitor CC4CA Update • Bills to watch: o Bill on long-term climate change data increases reporting timeframe to every 2 years. CC4CA position of support, but bill not anticipated to make it through Senate. o HB 1107 not in tracker yet – pre-wiring residents for EV readiness. Position of support. o Bill to get 80% below 2005 levels of GHG by 2050 o Bill to codify governor’s executive order issued earlier this year Other Business • Invitation was sent for the CML legislative lunch on March 7th; 11:45 am – 1:00 pm. 3 • Tuesday, February 20th travel to the Governor’s Baldrige recognition at the Capitol o Councilmember Summers suggested meeting with representatives that day as well. • HB 1034 – support for career and technical education. Way too early to determine feasibility of this bill passing. Adjourned at 4:00 PM From:Tyler Marr To:Tyler Marr Subject:February newsletter of Colorado Communities for Climate Action Date:Wednesday, February 28, 2018 4:08:25 PM       CC4CA CURRENTS February 26, 2018   About this newsletter CC4CA Currents, our new bi-monthly e-newsletter for elected officials and staff of member local governments, is published online following the bi-monthly meetings of the CC4CA Steering Committee.   Advocating for state and federal climate action The CC4CA Policy Committee has taken positions so far on five bills during the Colorado General Assembly's 2018 session, and is working with bill sponsors and allied organizations to position CC4CA to be a key player in several climate and clean energy bills expected to be introduced during coming weeks. Priority bills seeing action during the past several weeks include: SB18-117, directing the Colorado Department of Public Health and Environment to update the state's greenhouse gas emissions inventory on a biennial basis, died in the Senate State Affairs Committee. Sponsor Sen. Kerry Donovan expressed appreciation to CC4CA members from her district (including Vail and San Miguel County) who wrote letters of support. SB18-003, funding and revising the duties of the Colorado Energy Office, is pending a vote by the full Senate. HB18-1107, requiring homebuilders to offer the option of prewiring for electric vehicles plug- in, passed the House on a largely party-line vote. Action is pending in the Senate. Two bills, one focused on setting limits on emissions of heat-trapping gases, and one focused on directing the state to undertake resiliency actions, are expected to be introduced soon by House leadership. As the bills will almost certainly die in the Senate after passing the House, a working group of advocates and legislators will continue working on bill language in preparation for the 2018 elections and the 2019 legislative session. CC4CA will have a seat at the table. Upcoming will be the announcement of meetings of a new House Select Committee on Climate Responsibility, recently appointed by House Speaker Crisanta Duran. CC4CA has been invited by the committee chair, Representative Chris Hansen, to participate in the committee hearings. For ongoing updates on bills CC4CA is lobbying, see the dossier of CC4CA priority bills compiled by Frontline Public Affairs.   CC4CA weighs in on Xcel Energy plan to close coal plants CC4CA President Anita Seitz's testimony before the Public Utilities Commission in support of Xcel Energy's Colorado Energy Plan attracted coverage in a February 2 Denver Post article. Anita is quoted, "We feel the proposal to close old and inefficient coal plants more quickly and expand renewables in Colorado just makes sense. Shifting from coal to renewable energy creates jobs, saves money on everyone's electric bills and helps clean up our air."   Training for CC4CA members On April 6 in Carbondale, elected officials, managers, and staff members from CC4CA member local governments in Eagle, Summit, and Pitkin counties will attend a workshop on how to advocate for climate action. Representatives from other local governments that are prospective CC4CA members will be invited, also. This training is the third in a series, following on workshops in Mountain Village and Westminster in late 2017. The meeting will be held in conjunction with a CC4CA Steering Committee meeting.   Aspen and Fort Collins honored at Colorado Communities Symposium Congratulations to CC4CA members Aspen and Fort Collins for being two of the eight awardees at the Colorado Communities Symposium co-sponsored by the State of Colorado and the Compact of Colorado Communities in early February. Aspen teamed with the Community Office for Resource Efficiency to produce the Greenhouse Gas Reduction Toolkit and Fort Collins Utilities' award was for its Driving Fort Collins Clean Energy Economy initiative.   Gov. Hickenlooper announces update of Colorado Climate Plan Also at the symposium Gov. Hickenlooper announced the release of an updated Colorado Climate Plan. CC4CA applauds the incorporation of new climate protection goals announced in July by the governor and a greater level of detail about state government climate and clean energy programs, including more emphasis on partnering with local governments. Missing, though, are long-term goals to reduce heat-trapping pollutants, a specific plan to achieve the emissions reduction goals that are identified, and several other recommendations that CC4CA urged be added in a November letter to the state.   CC4CA coalition management in transition Underway is a transition in the contracted professional services that support CC4CA's basic operations as Stephen Saunders, president of the Rocky Mountain Climate Organization and executive director of CC4CA, takes a first step towards retirement by shifting to working part-time. CC4CA's Planning and Budget Committee is developing a plan for a smooth transition, to be considered at the March 2 CC4CA Steering Committee meeting. here   Member Spotlight In January, Steering Committee members Greg Clifton and Kristen Bertuglia were part of a delegation from the Town of Vail to formalize a Global Friendship exchange with Yamanouchi, Japan's leading all-season resort. It is home to Shiga Highlands, the biggest ski area in Japan, and was one of the venues for the 1998 Nagano Winter Olympics. Following up on an exploratory visit by Japanese officials to Vail last July, Mayor Dave Chapin led the Vail delegation of elected officials and town staff with expertise in economic development, environmental sustainability, and transportation. They met with officials from Yamanouchi, as well as from Nagano state government, to continue exploring opportunities for partnership interactions in the areas of tourism economy, environmental sustainability, and transportation, among others. The formalized partnership now paves the way for an enduring friendship that will allow for a very rich and meaningful cultural exchange to follow. Greg Clifton reports that among the most noteworthy impressions were the widely used and thoroughly integrated mass transit systems; overall cleanliness stemming from extensive recycling and trash disposal programs; and the Jigokudani Wild Monkey Park, a feature of Joshinetsu Kogen National Park, where wild snow monkeys (Japanese macaques) can be viewed relaxing in one of the many natural hot springs that characterize the region.   Contact: Visit us at CC4CA.org Tom Easley easley@rockymountainclimate.org 303-593-0853   Colorado Communities for Climate Action, P.O. Box 270444, Louisville, CO 80027 SafeUnsubscribe™ lex@fcgov.com Forward this email | Update Profile | About our service provider Sent by admin@rockymountainclimate.org in collaboration with Constant Contact Try it free today   Updated: February 28, 2018 Bill #Short Title LRC Notes: Recommended Actions/Changes or Rationale City Adopted Position CML Position CC4CA Position Next Action Date/Committee Postponed Indefinitely/Signed Support Bills HB 1107 Prewire Residence For Electric Vehicle Charging Port LRC discussion needed Support Support Senate Trans HB 1190 Modify Job Creation Main Street Revitalization Act LRC discussion needed Support Support F 2/28 SB 143 Parks And Wildlife Measures To Increase Revenue LRC discussion needed Support Ap HB 1071 Regulate Oil Gas Operations Protect Public Safety Beneficial to have the state define criteria Support Senate Ag 3/7 SB 066 Extend Operation Of State Lottery Division Fort Collins has benefited greatly from GoCO Support Support House Finance Oppose Bills HB 1089 No Monetary Conditions Of Bond For Misdemeanors Removes key tool for problem offenders Oppose Oppose J 3/1 HB 1067 Right to Rest Act Oppose Oppose LG 3/14 HB 1072 Red Light Camera Repeal Oppose Oppose Trans 2/14 PI 2/14 SB 045 Repeal Architectural Paint Stewardship Act Program saves the City $82k annually Oppose Oppose SR Lost 2/21 Monitor Bills HB 1073 Water District Ability Contract Water Assets LRC discussion needed Monitor Senate Ag 3/1 HB 1127 Residential Landlord Rental Application LRC discussion needed Monitor Senate Committee HB 1191 Local Government Alter Speed Limits LRC discussion needed Monitor/Ame nd Senate Committee SB 144 Bicycle Operation Approaching Intersection LRC discussion needed Monitor/Ame nd Support House Trans HB 1022 Department of Revenue Issue Sales Tax Request For Information Monitor Support Governor HB 1076 Untruthful Statement Monitor J 3/8 SB 001 Transportation Infrastructure Funding Monitor F SB 003 Colorado Energy Office Monitor Monitor House Trans SB 007 Affordable Housing Tax Credit Monitor Support House Finance SB 009 Allow Electric Utility Customers to Install Energy Storage Equipment Monitor Support Governor SB 019 Expanded Duration For Colorado Water Resources And Power Development Authority Revolving Loans Monitor Support Governor SB 041 Authorize Water Use Incidental Sand And Gravel Mines Monitor Governor SB 047 Repeal Tax Credits Innovative Vehicles Monitor Oppose Ap HB 1128 Protections For Consumer Data Privacy Sent for staff comment on 2/28 City of Fort Collins Legislative Tracking General Assembly Session 2018 Bill #Short Title LRC: Recommended Actions/Changes City Adopted Position CML Position Next Action Date/Committee Status City Adopted Positions Bill Action Summary Monitor (yellow) Support (green) Oppose (red)Bill passed, date of action (green) Amend (blue)Bill postponed indefinitely or lost, date of action (red) Staff recommended position, not yet discussed by LRC (no fill)Committee Abbreviations Ag = agriculture and natural resources committee Ap = appropriations committeJud = judiciary committee BLT = Business, labor and eco LG = local government committee Ed = education committee SA = state, veterans and military affairs committee CC = conference committee Trans = transportation and energy committee F = finance committee UA = upon adjournment HE = health care and environm UR = upon recess 2/28/2018 Bill Reports | State Bill Colorado http://statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pinstripe 1/26 HB18-1022 DOR Department Of Revenue Issue Sales Tax Request For Information Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors:L. Sias | T. Kraft-Tharp / C. Jahn | T. Neville Summary:Sales and Use Tax Simplification Task Force. The bill requires the department of revenue to issue a request for information for an electronic sales and use tax simplification system that the state or any local government that levies a sales or use tax, including a home rule municipality and county, could choose to use that would provide administrative simplification to the state and local sales and use tax system. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status:2/20/2018 Signed by the Speaker of the House Fiscal Notes Status:Fiscal impact for this bill Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position No Effect: Fri, January 19, 2018, by mbeckstead@fcgov.com (19-Jan-18) No opinion Q2: Alignment with City Legislative Policy Agenda or other adopted policies No Effect: Fri, January 19, 2018, by mbeckstead@fcgov.com (19-Jan-18) No opinion Q3: Lobbyist Comment: N/A: Wed, January 17, 2018, by jennifer.cassell@gmail.com (17-Jan-18) This is the bill that came out of the Sales and Use Tax Simplification Task Force that met this interim. The bill essentially directs DOR to issue an RFI for which DOR already has authority. CML believes that creating any new system would be very expensive, and thus not likely to happen. Q3: Lobbyist Comment: No Effect: Fri, January 19, 2018, by mbeckstead@fcgov.com 2/28/2018 Bill Reports | State Bill Colorado http://statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pinstripe 2/26 (19-Jan-18) No opinion Q3: Lobbyist Comment: N/A: Fri, January 19, 2018, by jennifer.cassell@gmail.com (19-Jan-18) The bill does not have any opposition and is likely to pass. Status History:Status History Analyze This:Comments HB18-1067 Right To Rest Act Comment: Position:Oppose Calendar Notification: Wednesday, March 14 2018 Local Government 1:30 p.m. Room 271 (1) in house calendar. News:Committee hearing for Colorado’s homeless Right to Rest Act delayed Sponsors:J. Melton | J. Salazar Summary:The bill creates the 'Colorado Right to Rest Act', which establishes basic rights for persons experiencing homelessness, including, but not limited to, the right to use and move freely in public spaces, to rest in public spaces, to eat or accept food in any public space where food is not prohibited, to occupy a legally parked vehicle, and to have a reasonable expectation of privacy of one's property. The bill does not create an obligation for a provider of services for persons experiencing homelessness to provide shelter or services when none are available. (Note: This summary applies to this bill as introduced.) Status:1/10/2018 Introduced In House - Assigned to Local Government Fiscal Notes Status:Fiscal impact for this bill Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position Oppose: Mon, January 22, 2018, by gyeager@fcgov.com (22-Jan-18) This law would completely remove our ability to control behavior on public property. There is no official identification of homeless people, so anyone would be able to camp on public land. Downtown parks would become camping areas for homeless/ transient and traveling people. This further impacts our ability to be responsive to our business community’s concerns about disruptive behaviors on the sidewalks in front of businesses. There is no 2/28/2018 Bill Reports | State Bill Colorado http://statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pinstripe 3/26 “survival” reason that any person needs to rest on the sidewalk in the business district. There are serious sanitary issues involved when people camp in areas that are not equipped to this type of activity. There is a growing population of criminal transients who victimize the citizens of our community. Several homicides last year were committed by homeless/ transient individuals. This bill would make the State of Colorado even more attractive to these criminal elements. Allowing sleeping in cars in residential areas may increase calls for service, decrease perceptions of safety, and create sanitary issues where trash and human waste are concerned. There are numerous other public and private locations/camping facilities designated for such activity. Q3: Lobbyist Comment: N/A: Fri, January 19, 2018, by jennifer.cassell@gmail.com (19-Jan-18) This bill has been attempted for multiple years and usually does not pass out of its first committee. CML, municipalities, counties, and others will oppose the bill. Status History:Status History Analyze This:Comments HB18-1071 Regulate Oil Gas Operations Protect Public Safety Comment: Position:Support Calendar Notification: Wednesday, March 7 2018 SENATE AGRICULTURE, NATURAL RESOURCES, & ENERGY COMMITTEE Upon Adjournment SCR 357 (1) in senate calendar. News: Sponsors:J. Salazar / D. Moreno Summary:Current law declares that it is in the public interest to '[f]oster the responsible, balanced development, production, and utilization of the natural resources of oil and gas in the state of Colorado in a manner consistent with protection of public health, safety, and welfare, including protection of the environment and wildlife resources'. The Colorado court of appeals, in Martinez v. Colo. Oil & Gas Conservation Comm'n , 2017 COA 37, has construed this language to mean that oil and gas development is not balanced with the protection of public health, safety, and welfare, including protection of the environment and wildlife resources. Rather, that development must occur in a manner consistent with such protection. The bill codifies the result reached in Martinez . (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) 2/28/2018 Bill Reports | State Bill Colorado http://statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pinstripe 4/26 Status:2/12/2018 Introduced In Senate - Assigned to Agriculture, Natural Resources, & Energy Fiscal Notes Status:Fiscal impact for this bill Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position Support: Wed, January 31, 2018, by reverette@fcgov.com (31-Jan-18) The mission of the Colorado Oil and Gas Conservation Commission (COGCC) is to foster the responsible development of Colorado’s oil and gas natural resources. While there is very little development within the City of Fort Collins and the Growth Management Area, it has been demonstrated that transported emissions from oil and gas operations outside of City limits contribute to local ozone formation. While this bill does not appear to give the City any more authority over oil and gas siting or operations, the City supports the interpretation that development should occur in a manner consistent with protection of public health, safety and welfare; rather than balancing these protections with development interests. This bill is not expected to have an impact on existing operations within City limits, though it could influence new permits or operations in the future. Q2: Alignment with City Legislative Policy Agenda or other adopted policies Support: Wed, January 31, 2018, by reverette@fcgov.com (31-Jan-18) The City Legislative Policy Agenda, under Air Quality – Environmental Health, states that the City supports programs and policies that improve public health and air quality, and support rapid attainment of National Ambient Air Quality Standards (NAAQS). Currently, the City does not meet NAAQS for ozone, in part because of regional contributions of emissions from oil and gas sources. Clarity that development must occur in a manner consistent with protection of public health may increase considerations of emissions and other environmental impacts from regional exploration and development activities, in line with the City of Fort Collins’ priorities. In addition, the vision and policies in City Plan support the protection of air and water quality as well as responsible stewardship of open lands, wildlife habitat and other natural resources. The 2016 Strategic Plan further specifies that the City should promote, protect and enhance a healthy and sustainable environment, which includes a focus on improving outdoor air quality, protecting water supply, decreasing reliance on fossil fuels, and protecting ecological features. Status History:Status History Analyze This:Comments HB18-1073 Water District Ability Contract Water Assets Comment: Position: Calendar Notification: Thursday, March 1 2018 SENATE AGRICULTURE, NATURAL RESOURCES, & ENERGY COMMITTEE 2/28/2018 Bill Reports | State Bill Colorado http://statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pinstripe 5/26 1:30 PM SCR 357 (1) in senate calendar. News: Sponsors:M. Gray / B. Gardner Summary:The bill authorizes water districts, including water activity enterprises, to enter into contracts for water and the capacity in works and allows the contracts to be based on municipalities' authority to contract for water and sewer facilities. It also specifies that water conservancy districts' contracts can be for municipal and industrial use by the recipient of the water. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status:2/21/2018 Introduced In Senate - Assigned to Agriculture, Natural Resources, & Energy Fiscal Notes Status:Fiscal impact for this bill Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position Monitor: Tue, February 13, 2018, by Cwebb@fcgov.com (13-Feb-18) This bill clarifies Northern Water's authority to contract for use of capacity in various works (reservoirs, pipelines, etc.) as opposed to contracting for the the use of the water itself. This clarification aligns with past practice as Northern has contracted for use of such projects, including with the City (e.g. the Pleasant Valley Pipeline). Q2: Alignment with City Legislative Policy Agenda or other adopted policies Monitor: Tue, February 13, 2018, by Cwebb@fcgov.com (13-Feb-18) I believe this supports the Legislative Policy as such projects may allow the City to effectively utilize it's water rights. Q3: Lobbyist Comment: N/A: Sun, February 11, 2018, by jennifer.cassell@gmail.com (11-Feb-18) This bill is coming from Northern Water as a technical bonding cleanup that affects the Windy Gap Firming project. Status History:Status History Analyze This:Comments HB18-1076 Peace Officers Standards and Training Board Revoke Certification For Untruthful Statement Comment: 2/28/2018 Bill Reports | State Bill Colorado http://statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pinstripe 6/26 Position: Calendar Notification: Thursday, March 8 2018 Judiciary 1:30 p.m. Room 0112 (3) in house calendar. News: Sponsors:J. Salazar Summary:The bill requires the peace officers standards and training board (P.O.S.T. board), which certifies peace officers, to revoke the certification of a peace officer if: * The P.O.S.T. board receives notification from a law enforcement agency that employs or employed the peace Capital letters or bold & italic numbers indicate new material to be added to existing statute. officer that the peace officer made an untruthful statement or omitted a material fact on an official law enforcement document or while testifying at an official judicial proceeding or during an internal affairs investigation; and * Either the law enforcement agency or a panel of the P.O.S.T. board reached a determination on the matter after completing an administrative process. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 24-31-305, add (2.5)2 as follows:3 24-31-305. Certification - issuance - renewal - revocation -4 report. (2.5) (a) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (2)5 OF THIS SECTION, THE P.O.S.T. BOARD SHALL REVOKE A CERTIFICATION6 ISSUED TO A PERSON PURSUANT TO SUBSECTION (1) OR (1.3) OF THIS7 SECTION OR SECTION 24-31-308 IF:8 (I) THE P.O.S.T. BOARD RECEIVES NOTIFICATION FROM A LAW9 ENFORCEMENT AGENCY THAT EMPLOYS OR EMPLOYED THE PERSON THAT10 THE PERSON MADE AN UNTRUTHFUL STATEMENT OR OMITTED A MATERIAL11 FACT ON AN OFFICIAL LAW ENFORCEMENT DOCUMENT OR WHILE12 TESTIFYING AT AN OFFICIAL JUDICIAL PROCEEDING OR DURING AN13 INTERNAL AFFAIRS INVESTIGATION; AND14 (II) EITHER THE LAW ENFORCEMENT AGENCY OR A PANEL OF THE15 P.O.S.T. BOARD DETERMINED THAT THE PERSON MADE SUCH A16 STATEMENT OR OMISSION AFTER COMPLETING AN ADMINISTRATIVE17 PROCESS THAT IS DEFINED BY A POLICY OF THE LAW ENFORCEMENT18 AGENCY OR P.O.S.T. BOARD.19 (b) FOR THE PURPOSES OF SUBSECTION (2.5)(a) OF THIS SECTION,20 THE ATTORNEY GENERAL, AS MAY BE REQUIRED, MAY APPOINT A21 THREE-MEMBER PANEL FROM AMONG THE MEMBERS OF THE P.O.S.T.22 BOARD TO MAKE THE DETERMINATION REQUIRED BY SUBSECTION1 (2.5)(a)(II) OF THIS SECTION.2 (c) A PERSON WHOSE P.O.S.T. CERTIFICATION IS REVOKED3 PURSUANT TO THIS SUBSECTION (2.5) MAY APPEAL THE REVOCATION IN4 ACCORDANCE WITH RULES OF THE P.O.S.T. BOARD CONCERNING APPEALS5 OF BOARD RULINGS.6 SECTION 2. Act subject to petition - effective date. This act7 takes effect at 12:01 a.m. on the day following the expiration of the8 ninety-day period after final adjournment of the general assembly (August9 8, 2018, if adjournment sine die is on May 9, 2018); except that, if a10 referendum petition is filed pursuant to section 1 (3) of article V of the11 state constitution against this act or an item, section, or part of this act12 within such period, then the act, item, section, or part will not take effect13 unless approved by the people at the general election to be held 2/28/2018 Bill Reports | State Bill Colorado http://statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pinstripe 7/26 in14 November 2018 and, in such case, will take effect on the date of the15 official declaration of the vote thereon by the governor.16 Status:1/17/2018 Introduced In House - Assigned to Judiciary Fiscal Notes Status:Fiscal impact for this bill Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position Support: Mon, February 05, 2018, by gyeager@fcgov.com (05-Feb-18) Fort Collins Police Services supports this measure. The Agency already treats untruthfulness in connection with official duties as a termination offense. Status History:Status History Analyze This:Comments HB18-1089 No Monetary Conditions Of Bond For Misdemeanors Comment: Position:Oppose Calendar Notification: Thursday, March 1 2018 Judiciary 1:30 p.m. Room 0112 (4) in house calendar. News: Sponsors:A. Benavidez Summary:The bill states that, except in certain cases, a court shall not require a defendant arrested and charged for any misdemeanor, petty offense, or municipal code violation to post monetary bail as a condition of being discharged from custody. A defendant who is charged with an offense other than a felony may not be released from custody under his or her own recognizance until he or she signs and files with the clerk of the court or other designated person a written release agreement that includes certain promises. Current law requires any pretrial services program to be established pursuant to a plan formulated by a community advisory board created for such purpose and appointed by the chief judge of the judicial district. The bill makes this requirement merely permissible. The bill states that if a person is in custody and the court imposed a monetary condition of bond for release, and the person, after 5 days from the setting of the monetary condition of bond, remains in custody because he or she 2/28/2018 Bill Reports | State Bill Colorado http://statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pinstripe 8/26 is unable to meet the monetary obligations of the bond, upon motion of the person, the court shall forthwith conduct a hearing to reconsider the monetary condition of the bond. (Note: This summary applies to this bill as introduced.) Status:1/18/2018 Introduced In House - Assigned to Judiciary Fiscal Notes Status:Fiscal impact for this bill Analyze This Comments: Status History:Status History Analyze This: HB18-1107 Prewire Residence For Electric Vehicle Charging Port Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors:M. Weissman / K. Priola Summary:Under existing law, builders must offer a 'solar prewire' option to purchasers of certain newly constructed residences. The bill applies a similar requirement to facilitate the installation of electric vehicle charging systems by purchasers of new residences, both in traditional detached, single-family homes and also in buildings that contain owner- occupied condominium units. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status:2/21/2018 Introduced In Senate - Assigned to Transportation Fiscal Notes Status:Fiscal impact for this bill Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position No Effect: Wed, February 14, 2018, by lex@fcgov.com 2/28/2018 Bill Reports | State Bill Colorado http://statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pinstripe 9/26 (14-Feb-18) As discussed at the past LRC meeting, building codes were updated in Fort Collins in the adoption of the 2015 codes to require EV charging in all new residential building. This policy would align with existing Fort Collins efforts but would not impact our policies, as they are already established. Q2: Alignment with City Legislative Policy Agenda or other adopted policies Support: Wed, February 14, 2018, by lex@fcgov.com (14-Feb-18) There is a recognition that widespread action will be needed to achieve climate goals outlined in the LPA. This policy only requires that builders offer the option, not that it is required. Having prewiring in homes would remove at least one of the barriers to EV adoption, and ensuring the option is available to homeowners aligns with existing goals. Q3: Lobbyist Comment: N/A: Sun, February 11, 2018, by jennifer.cassell@gmail.com (11-Feb-18) This bill places a requirement on home builders, and as such the Homebuilders Association is opposing. If the bill gets out of the House, it will have a tough time in the Senate. Status History:Status History Analyze This:Comments HB18-1127 Residential Landlord Rental Application Comment: Position: Calendar Notification: NOT ON CALENDAR News:Colorado landlords would have to limit rental application fees and explain why tenants were rejected under measure Colorado House passes bill that aims to rein in rental application fees Sponsors:D. Jackson | C. Kennedy / S. Fenberg Summary:The bill: Limits the fee to cover a landlord's costs for a personal reference check or for obtaining a consumer credit report or tenant screening report; Requires a landlord to provide each prospective tenant with written notice of the landlord's tenant selection criteria and the grounds upon which a rental application may be denied before accepting an application or collecting an application fee; and 2/28/2018 Bill Reports | State Bill Colorado http://statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pinstripe 10/26 Requires a landlord to provide a prospective tenant with an adverse action notice if the landlord takes adverse action on a prospective tenant after reviewing the prospective tenant's rental application. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status:2/26/2018 House Third Reading Passed - No Amendments Fiscal Notes Status:Fiscal impact for this bill Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position Neutral: Thu, February 08, 2018, by hmatson@fcgov.com (08-Feb-18) We don't forsee any complication to our work with these recommended changes. We are currently doing most of this already. We have one area where we need to make a change. We think this will be easy for us to accomplish. Q3: Lobbyist Comment: N/A: Thu, February 01, 2018, by jennifer.cassell@gmail.com (01-Feb-18) This is one of at least three bills that have been introduced aimed at providing more protections to renters. This has been a topic of conversation at the Capitol, but it is unlikely that all of these bills will pass. Status History:Status History Analyze This:Comments HB18-1128 Protections For Consumer Data Privacy Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors:C. Wist | J. Bridges / K. Lambert | L. Court Summary:Except for conduct in compliance with applicable federal, state, or local law, the bill requires public and private entities in Colorado that maintain paper or electronic documents (documents) that contain personal identifying information (personal information) to develop and maintain a written policy for the destruction and proper disposal of those documents. Entities that maintain, own, or license personal information, including those that use a nonaffiliated third party as a service provider, shall implement and maintain reasonable security procedures for the personal information. The notification laws governing disclosure of unauthorized acquisitions of unencrypted and encrypted computerized data are expanded to specify who must be notified following such unauthorized acquisition 2/28/2018 Bill Reports | State Bill Colorado http://statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pinstripe 11/26 and what must be included in such notification. (Note: This summary applies to this bill as introduced.) Status:2/14/2018 House Committee on State, Veterans, & Military Affairs Refer Amended to Appropriations Fiscal Notes Status:Fiscal impact for this bill Analyze This Comments: Status History:Status History Analyze This: HB18-1190 Modify Job Creation Main Street Revitalization Act Comment: Position: Calendar Notification: Wednesday, February 28 2018 Finance Upon Adjournment Room LSB-A (5) in house calendar. News: Sponsors:D. Esgar | H. McKean / J. Tate | L. Garcia Summary:The bill makes the following modifications to the existing 'Colorado Job Creation and Main Street Revitalization Act': Adds a definition of a key term and streamlines and clarifies existing definitions; Adds subheadings to subsections to promote greater clarity; Extends the last income tax year for which the tax credit is available from 2019 to 2029; Separates subsections dealing solely with residential structures from subsections dealing solely with commercial structures to promote greater clarity; Under the existing tax credit, the amount of the tax credit, measured by a percentage of the actual qualified rehabilitation expenditures, is increased when the historic structure, whether commercial or residential, is located in a disaster area. The bill also increases the amount of the tax credit when the structure is located in a rural community. The bill prohibits a taxpayer from claiming the benefits offered for a structure in a disaster area or in a rural community. 2/28/2018 Bill Reports | State Bill Colorado http://statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pinstripe 12/26 Authorizes the state historical society to promulgate rules as necessary to facilitate the certification of qualified residential structures; In connection with the reservation of tax credits for qualified commercial structures, changes the existing requirements under which the Colorado office of economic opportunity (office) uses a lottery process to determine the order in which it will review applications and plans received on the same day to a process under which the office must date and timestamp each application and review a plan and application on the basis of the order in which such documents were submitted; Streamlines procedures the owner of a qualified commercial structure is to follow upon the completion of rehabilitation of the structure to obtain a tax credit certificate; For income tax years commencing on or after January 1, 2020 but prior to January 1, 2030, maintains the aggregate limit on the amount of a tax credit certificate issued for any one qualified commercial structure at $1 million as for the 2016 through 2019 tax years; For qualified commercial structures, regardless of the amount of estimated qualified rehabilitation expenditures, the bill maintains the aggregate amount of all tax credits that may be reserved for each of the 2020 through 2029 calendar years in the same amount as for the 2017 through 2019 tax years, at $10 million, but specifies that the aggregate reservation amount must be equally split between large and small projects; Deletes existing provisions specifying the aggregate amount of tax credits that may be issued for particular income tax years; Deletes a reporting requirement that is part of existing law; and Clarifies that certain requirements found in existing law are intended to apply only to tax credits issued for qualified commercial structures. (Note: This summary applies to this bill as introduced.) Status:2/2/2018 Introduced In House - Assigned to Finance Fiscal Notes Status:Fiscal impact for this bill Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position Strongly Support: Wed, February 14, 2018, by Tleeson@fcgov.com (14-Feb-18) The “Colorado Job Creation and Main Street Revitalization Act” (HB 1190) provides tax credits for historic rehabilitation projects. The credit applies for work on both the interior and exterior of properties that are at least 50 years old and are locally designated by a Certified Local Government (CLG), or listed on the National Register of Historic Places or State Register of Historic Properties. Fort Collins has benefitted greatly from the State Tax Credit program: • Just under 1000 Fort Collins properties currently qualify for the program. • In the past five years, Fort Collins properties have completed $1,759,119.00 in qualified rehabilitation expenditures, and have received $360,664.00 in credits. • An average of two Fort Collins properties complete tax credit projects each year Q3: Lobbyist Comment: N/A: Sun, February 11, 2018, by jennifer.cassell@gmail.com (11-Feb-18) This bill extends the Historic Preservation Tax Credit created in 2014 from 2019 until 2029. The amount of the tax credit is increased if it is in a disaster or rural area. The tax credit can be used for commercial or residential 2/28/2018 Bill Reports | State Bill Colorado http://statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pinstripe 13/26 preservation. Status History:Status History Analyze This:Comments HB18-1191 Local Government Alter Speed Limits Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors:F. Winter / B. Martinez Humenik | J. Kefalas Summary:Current law requires county and municipal authorities (authorities) to conduct a traffic investigation or survey before increasing or decreasing the speed limits within the authority's jurisdiction. The bill adds the requirement that the authority consider the following factors: Road characteristics; Current and future development; Environmental factors; Parking practices; Pedestrian and bicycle activity in the vicinity; and Crash statistics from the most recent year. (Note: This summary applies to this bill as introduced.) Status:2/27/2018 House Third Reading Passed - No Amendments Fiscal Notes Status:Fiscal impact for this bill Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position Amend: Wed, February 28, 2018, by jolson@fcgov.com (28-Feb-18) As per CRS 42-4-104 the State Transportation Commission has adopted the Federal Manual on Uniform Traffic Control Devices (MUTCD) and a State Supplement thereto as the official State Manual for a uniform system of traffic control devices. CRS 42-4-1102 requires authorities to determine speed limits upon the basis of a traffic investigation or survey. The MUTCD provides language that describes what such an investigation should entail including a consideration of road characteristics, roadside development and environment, parking practices and 2/28/2018 Bill Reports | State Bill Colorado http://statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pinstripe 14/26 pedestrian activity, and the reported crash experience for at least a 12-month period. That being the case similar language, as proposed in HB 18-1191, seems redundant and unnecessary. However, if it is deemed desirable to include the language in the CRS I would suggest changing “CRASH STATISTICS FROM THE MOST RECENT YEAR” to “CRASH STATISTICS FROM THE MOST RECENT 12-MONTH PERIOD FOR WHICH DATA IS AVAILABLE.” Note not all agencies including the State Highway Department have access to crash data from the most recent year. Using data from the most recent 12-month period for which data is available will make it possible for agencies to comply. Q3: Lobbyist Comment: N/A: Mon, February 26, 2018, by jennifer.cassell@gmail.com (26-Feb-18) This bill is an initiative coming out of Summit County, and being led by CCI. It has bipartisan support. Status History:Status History Analyze This:Comments SB18-001 Transportation Infrastructure Funding Comment: Position: Calendar Notification: NOT ON CALENDAR News:THE PODIUM: Transportation fix hits partisan speed bump Sponsors:R. Baumgardner | J. Cooke / P. Buck Summary:In 1999, the voters of the state authorized the executive director of the department of transportation (executive director) to issue transportation revenue anticipation notes (TRANs) in a maximum principal amount of $1.7 billion and with a maximum repayment cost of $2.3 billion in order to provide financing to accelerate the construction of qualified federal aid transportation projects. The executive director issued the TRANs as authorized, and the TRANs have been fully repaid. Section 8 of the bill requires the transportation commission (commission) to submit a ballot question to the voters of the state at the November 2018 statewide election, which, if approved: Would authorize the executive director to issue additional TRANs in a maximum principal amount of $3.5 billion and with a maximum repayment cost of $5 billion; and Would, in conjunction with sections 3, 4, and 7, repeal current law, enacted by Senate Bill 17-267, that requires the state treasurer to execute lease-purchase agreements of up to $1.88 billion for the purpose of funding 2/28/2018 Bill Reports | State Bill Colorado http://statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pinstripe 15/26 high-priority qualified federal aid transportation projects. The additional TRANs must have a maximum repayment term of 20 years, and the certificate, trust indenture, or other instrument authorizing their issuance must provide that the state may pay them in full before the end of the specified payment term without penalty. Additional TRANs must otherwise generally be issued subject to the same requirements and for the same purposes as the original TRANs; except that the commission must pledge to annually allocate from legally available money under its control any money needed for payment of the notes until the notes are fully repaid. Section 9 requires TRANs proceeds not otherwise pledged for TRANs payments to be credited to the state highway fund. On and after July 1, 2018, section 5 requires 10% of state sales and use tax net revenue to be credited to the state highway fund and used first to make TRANs payments. Section 6 specifies that state sales and use tax net revenue credited to the state highway fund that is not expended to make TRANs payments and TRANs net proceeds credited to the state highway fund must be used only for qualified federal aid transportation projects that are included in the strategic transportation project investment program of the department of transportation (CDOT) and designated for tier 1 funding as 10-year development program projects on CDOT's development program project list. At least 25% of the TRANs net proceeds must be used for projects in counties with populations of 50,000 or less and at least 10% of the TRANs net proceeds must be used for transit purposes or transit-related capital improvements. Section 7 requires CDOT to include specified information about the state sales and use tax net revenue and TRANs net proceeds in its annual report to the senate transportation committee and the house transportation and energy committee. (Note: This summary applies to this bill as introduced.) Status:1/23/2018 Senate Committee on Transportation Refer Amended to Finance Fiscal Notes Status:Fiscal impact for this bill Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position Actively Monitor: Mon, January 22, 2018, by Mjackson@fcgov.com (22-Jan-18) This is the opening proposal from the Republicans as to how to address the State's transportation infrastructure needs. It is similar in many ways to some legislation proposed last year, and there are many provisions for many people. This includes a mandatory set aside for transit, as well as for rural counties less than 50,000 in population. It also mandates monies from the GF be set aside for transportation. The rub will be what has to happen to pay for the investment. The bill specifies no new taxes or revenue sources, so the monies may have to come from cuts elsewhere. The legislature may be reacting as well to the increase in state revenues as a result of the new federal tax plan. This will likely evolve into a conversation about how to pay for transportation needs without sacrificing higher education or other important priorities to the legislature. It will be an interesting debate for sure. Q2: Alignment with City Legislative Policy Agenda or other adopted policies Support: Mon, January 22, 2018, by Mjackson@fcgov.com (22-Jan-18) Legislation to increase and provide for an ongoing, sustainable funding source for transportation infrastructure directly supports City Council priorities (as of 2017), and relates to our strategic commitment to 2/28/2018 Bill Reports | State Bill Colorado http://statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pinstripe 16/26 Transportation. This bill also provides for transit funding which can benefit the City and NoCo region. Q3: Lobbyist Comment: N/A: Fri, January 19, 2018, by jennifer.cassell@gmail.com (19-Jan-18) This bill will have a hard time in the House. However, we are hearing that there may be a negotiation on transportation in the works - a bill may be introduced that would use some existing general fund (mainly new federal reform tax dollars) and create a mechanism for a new funding stream (sales tax, gas tax, etc.). Status History:Status History Analyze This:Comments SB18-003 Colorado Energy Office Comment: Position: Calendar Notification: NOT ON CALENDAR News:Bipartisanship on energy? Thank Sen. Ray Scott Sponsors:R. Scott / C. Hansen | J. Becker Summary:Section 1 of the bill repeals the wind for schools grant program. Section 2 repeals the renewable energy and energy efficiency for schools loan program. Section 3 removes the Colorado energy office's (office) involvement with the forest service and the air quality control commission to support the increased use of woody biomass in bio-heating. Section 4 removes the office's involvement in grants with the Colorado energy research institute for the development of a central resource for building trade professionals. Section 5 : Specifies nuclear and hydroelectric power as a cleaner energy source that the office should promote; Adds energy storage systems as items that the office should promote; Adds propane as a traditional energy source that the office should promote; Amends the office's requirement to develop and encourage increased utilization of energy curricula, and expands the collaborative groups to include the energy industry and executive departments; and 2/28/2018 Bill Reports | State Bill Colorado http://statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pinstripe 17/26 Repeals certain programs for which the office is responsible. Section 6 renames the clean and renewable energy fund as the energy fund and adds the authority to spend the money in the fund for educating the general public on energy issues and opportunities. Section 7 removes the requirement that the funds used in the innovative energy fund for grants or loans shall be limited to innovative energy efficiency projects and policy development. Section 8 repeals the office's authority to submit a proposal for credentialing photovoltaic installers. Section 9 repeals the green building incentive pilot program. Section 10 repeals the 'Colorado Clean Energy Finance Program Act'. Section 11 removes the office's responsibility to maintain a list of solar installers and instead requires the list to be maintained by the Colorado solar energy industries association, or a successor organization, and removes the requirement for the office to offer training on solar installations. Section 12 removes an obsolete section of law pertaining to a computer system for tracking the movement of gasoline or special fuel in the state. Section 13 removes the office as the administrator of the Colorado carbon fund special license plate. Section 14 makes conforming amendments. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status:2/27/2018 Introduced In House - Assigned to Transportation & Energy Fiscal Notes Status:Fiscal impact for this bill Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position Monitor: Mon, January 22, 2018, by jphelan@fcgov.com (22-Jan-18) Generally negative effect on the breadth of scope for the Colorado Energy Office. Potentially negative effect on potential program interactions from Fort Collins Utilities. Likely negative effect on energy efficiency and renewable energy options for Poudre School District, one of Fort Collins key accounts. Q2: Alignment with City Legislative Policy Agenda or other adopted policies Monitor: Mon, January 22, 2018, by jphelan@fcgov.com (22-Jan-18) Not aligned with Energy Policy. Q3: Lobbyist Comment: N/A: Thu, January 18, 2018, by jennifer.cassell@gmail.com (18-Jan-18) The CEO supports the bill and Colorado Conservation is neutral. The bill passed out of Senate Ag Committee on 1/18 on a 9-2 vote. The two Senators who voted no did so because of their concerns with nuclear 2/28/2018 Bill Reports | State Bill Colorado http://statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pinstripe 18/26 energy. A substantial amendment passed that requires the CEO to go to the JBC each year to request appropriations rather than allow 4 year funding cycles. Status History:Status History Analyze This:Comments SB18-007 Affordable Housing Tax Credit Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors:J. Tate | L. Guzman / C. Duran | J. Becker Summary:The bill changes the name of the existing low-income housing tax credit to the affordable housing tax credit. This change is reflected in sections 1 and 3 of the bill. Section 2 extends the period during which the Colorado housing and finance authority may allocate affordable housing tax credits from December 31, 2019, to December 31, 2024. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status:2/23/2018 Introduced In House - Assigned to Finance Fiscal Notes Status:Fiscal impact for this bill Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position Strongly Support: Wed, January 17, 2018, by sbeckferkiss@fcgov.com (17-Jan-18) More important then the name change, this bill extends State tax credits for another 5 years. The State tax credit pairs with federal tax credits as an important funding source for new and rehabilitated rental housing for households making no more than 60 % AMI. Most of the new affordable rental projects currently under construction in Fort Collins are using tax credit financing. Q2: Alignment with City Legislative Policy Agenda or other adopted policies Strongly Support: Wed, January 17, 2018, by sbeckferkiss@fcgov.com (17-Jan-18) Tax credit financing will help the City increase inventory of affordable housing which is in alignment with City Plan, the City's Strategic Plan and the Affordable Housing Strategic Plan. 2/28/2018 Bill Reports | State Bill Colorado http://statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pinstripe 19/26 Q3: Lobbyist Comment: N/A: Fri, January 19, 2018, by edbowditch@aol.com (19-Jan-18) This is an extension of an existing tax credit, and has bipartisan sponsorship in both houses. Q3: Lobbyist Comment: N/A: Fri, January 19, 2018, by edbowditch@aol.com (19-Jan-18) This is an extension of an existing tax credit, and has bipartisan sponsorship in both houses. Status History:Status History Analyze This:Comments SB18-009 Allow Electric Utility Customers Install Energy Storage Equipment Comment: Position: Calendar Notification: Wednesday, February 28 2018 THIRD READING OF BILLS - FINAL PASSAGE (1) in house calendar. News: Sponsors:S. Fenberg | K. Priola / F. Winter | P. Lawrence Summary:The bill declares that consumers of electricity have a right to install, interconnect, and use energy storage systems on their property, and that this will enhance the reliability and efficiency of the electric grid, save money, and reduce the need for additional electric generation facilities. The bill directs the Colorado public utilities commission to adopt rules governing the installation, interconnection, and use of customer-sited energy storage systems. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status:2/28/2018 House Third Reading Laid Over to 03/01/2018 - No Amendments Fiscal Notes Status:Fiscal impact for this bill Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position Monitor: Mon, January 22, 2018, by jphelan@fcgov.com (22-Jan-18) Unlikely impact on Utilities operations. Bill includes exclusion for municipal utilities. 2/28/2018 Bill Reports | State Bill Colorado http://statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pinstripe 20/26 Q2: Alignment with City Legislative Policy Agenda or other adopted policies Monitor: Mon, January 22, 2018, by jphelan@fcgov.com (22-Jan-18) Aligned with intent of Energy Policy. Status History:Status History Analyze This:Comments SB18-019 Expanded Duration For Colorado Water Resources And Power Development Authority Revolving Loans Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors:K. Donovan | D. Coram / C. Hansen | J. Arndt Summary:Water Resources Review Committee. Pursuant to the federal clean water act and the federal 'Safe Water Drinking Act', the Colorado water resources and power development authority (authority) makes loans under its water pollution control revolving fund and its drinking water revolving fund. Under state law, the duration of any water pollution control loan made by the authority must not exceed 20 years after project completion; however, the federal clean water act now allows for loans up to the lesser of 30 years or the projected useful life of the project, as determined by the state. The bill removes the 20-year limitation on water pollution control loans and authorizes the authority to make loans in compliance with the clean water act and the 'Safe Water Drinking Act'. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status:2/23/2018 Signed by the Speaker of the House Fiscal Notes Status:Fiscal impact for this bill Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position Support: Wed, January 24, 2018, by Cwebb@fcgov.com (24-Jan-18) These funds can be utilized by the City to fund water and wastewater projects. Providing a 30 year payback period would not have any negative impacts on the City and would most likely help smaller communities fund needed water and wastewater infrastructure projects. 2/28/2018 Bill Reports | State Bill Colorado http://statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pinstripe 21/26 Q2: Alignment with City Legislative Policy Agenda or other adopted policies Support: Wed, January 24, 2018, by Cwebb@fcgov.com (24-Jan-18) Aligns with ensuring stable utility rates and with appropriately managing assets. Status History:Status History Analyze This:Comments SB18-041 Authorize Water Use Incidental Sand And Gravel Mines Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors:D. Coram | R. Baumgardner / L. Saine | J. Arndt Summary:Water Resources Review Committee. Current law requires operators of sand and gravel open mines that expose groundwater to the atmosphere to obtain a well permit and either: A replacement plan approved by the ground water commission for designated groundwater; or a plan for augmentation approved by the water court or a plan of substitute supply approved by the state engineer for tributary groundwater. The bill specifies that the replacement plan (in section 1 of the bill) or the plan of substitute supply (in section 2 ) and the permit may authorize uses of water incidental to open mining for sand and gravel, including specifically (among other things) the mitigation of impacts from mining and dewatering. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status:2/23/2018 Signed by the Speaker of the House Fiscal Notes Status:Fiscal impact for this bill Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position Neutral: Tue, January 30, 2018, by Cwebb@fcgov.com (30-Jan-18) There is little to no impact on the Fort Collins Water Resources Division from this bill, which authorizes the State Engineer to approve uses of water incidental to mining operations in the well permits and substitute water supply plans. Q2: Alignment with City Legislative Policy Agenda or other adopted policies Neutral: Tue, January 30, 2018, by Cwebb@fcgov.com 2/28/2018 Bill Reports | State Bill Colorado http://statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pinstripe 22/26 (30-Jan-18) This bill appears to align with the City's 2018 Legislative Policy Agenda by "Supports expanding the authority delegated to the state to administer federally mandated water, stormwater and wastewater environmental regulatory programs." Status History:Status History Analyze This:Comments SB18-047 Repeal Tax Credits Innovative Vehicles Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors:V. Marble / L. Saine Summary:The bill repeals the income tax credits for innovative motor vehicles and innovative trucks for purchase and leases entered into on or after January 1, 2019. For the 2018-19 state fiscal year and each fiscal year thereafter through the 2020-21 state fiscal year, the bill requires the state controller to credit an amount of tax revenue estimated to be retained by the repeal of the income tax credits to the highway users tax fund. (Note: This summary applies to this bill as introduced.) Status:2/6/2018 Senate Committee on Finance Refer Unamended to Appropriations Fiscal Notes Status:Fiscal impact for this bill Analyze This Comments: Status History:Status History Analyze This:Comments SB18-066 Extend Operation Of State Lottery Division 2/28/2018 Bill Reports | State Bill Colorado http://statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pinstripe 23/26 Comment: Position:Support Calendar Notification: NOT ON CALENDAR News: Sponsors:J. Sonnenberg | L. Garcia / J. Arndt | C. Wist Summary:The bill extends the scheduled termination on July 1, 2024, of the state lottery division (division) in the department of revenue to July 1, 2049. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status:2/23/2018 Introduced In House - Assigned to Finance Fiscal Notes Status:Fiscal impact for this bill Analyze This Comments: Q3: Lobbyist Comment: N/A: Mon, January 29, 2018, by jennifer.cassell@gmail.com (29-Jan-18) This bill extends the Lottery Division until 2039. Interesting enough it is the division itself that expires (the entity that administers the lottery) and not the actual lottery itself (that's enshrined in the constitution). GOCO does 5 year planning grants so they want to extend the sunset this year so they can have some long term assurance when they do their next set of five-year planning grants. Status History:Status History Analyze This:Comments SB18-143 Parks And Wildlife Measures To Increase Revenue Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors:S. Fenberg | D. Coram / J. Arndt | J. Wilson 2/28/2018 Bill Reports | State Bill Colorado http://statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pinstripe 24/26 Summary:Section 1 adds a nonstatutory short title. Section 2 of the bill makes legislative findings. Section 3 adds 'preference point' to the documents listed under the definition of 'license'. Sections 4 and 12 add 'sponsorships', 'contributions', and 'donations' to the list of money transfers that the parks and wildlife commission (commission) is authorized to receive and expend. Sections 5 and 9 change the name of the wildlife management public education advisory council to the wildlife council. Section 6 raises the amount of residential and nonresidential license fees, stamp fees, and surcharges for certain hunting and fishing activities. Section 6 also: Authorizes the commission to apply a consumer price index adjustment to hunting and fishing fees; establishes an annual residential youth fishing fee; and, together with section 7 , moves a reference to the state migratory waterfowl stamp fee amount. Section 7 also allows the division of parks and wildlife (division) to grant up to 25% of the money derived from sales of the state migratory waterfowl stamp to nonprofit organizations implementing the North American waterfowl management plan. Section 8 authorizes the commission to establish by rule a special licensing program for young adult hunters and anglers. Section 10 requires the division to prepare reports on increased licensing fees and to present the reports to the agricultural committees in the house of representatives and the senate. Section 11 removes the restriction on the commission's ability to raise or lower park fees and charges only if the commission reasonably anticipates that the annual revenues from the fees and charges will not increase by more than 20% above the annual amount earned from fees and charges as they existed on July 1, 2011. Section 11 also establishes a maximum fee increase that the commission may impose by rule for park passes in any one year as a one-dollar increase for a daily park pass and a $10 increase for an annual park pass. Section 13 removes the $200,000 limitation on the amount that may be held in the stores revolving fund, which fund is maintained for acquiring stock for warehousing and distributing supplies for retail sales to visitors, and requires that the fund be continuously appropriated. Section 14 removes the $5 cap on the fee that the division may charge a person to replace a lost or destroyed pass or registration. The fee may be set by the commission by rule in an amount up to 50% of the cost of the original pass or registration. Section 15 removes a requirement that an aspen leaf annual park pass be affixed to the vehicle for which the pass was issued. 2/28/2018 Bill Reports | State Bill Colorado http://statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pinstripe 25/26 Section 16 directs the commission to determine, by rule, how the columbine annual park pass will be displayed to enter a state park or recreation area. (Note: This summary applies to this bill as introduced.) Status:2/13/2018 Senate Committee on Finance Refer Amended to Appropriations Fiscal Notes Status:Fiscal impact for this bill Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position Strongly Support: Wed, February 14, 2018, by jstokes@fcgov.com (14-Feb-18) The City's LPA supports restoring CPW fees to at least 2005 levels. This bill increases hunting and fishing license fees and allows CPW to index the fees to the rate of inflation. This is much needed bill and will help CPW increase its effectiveness as a City of Fort Collins partner. Q2: Alignment with City Legislative Policy Agenda or other adopted policies Yes: Wed, February 14, 2018, by jstokes@fcgov.com (14-Feb-18) As noted, aligns with the City's LPA. Q3: Lobbyist Comment: N/A: Mon, February 12, 2018, by edbowditch@aol.com (12-Feb-18) This bill is an attempt to stabilize the long-term funding for the Division of Parks and Wildlife. A similar bill passed the House in 2017, but died in the Senate. Status History:Status History Analyze This:Comments SB18-144 Bicycle Operation Approaching Intersection Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors:A. Kerr / Y. Willett Summary:The bill permits a municipality or county to adopt a local ordinance or resolution regulating the operation of bicycles approaching intersections with stop signs or illuminated red traffic control signals. The ordinance shall not, however, 2/28/2018 Bill Reports | State Bill Colorado http://statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pinstripe 26/26 apply to any portion of the state highway system. Under a local regulation, a bicyclist approaching a stop sign must slow to a reasonable speed and, when safe to do so, may proceed through the intersection without stopping. A bicyclist approaching an illuminated red traffic control signal must stop at the intersection and, when safe to do so, may proceed through the intersection. The bill sets the reasonable speed limit at 15 miles per hour. However, a municipality or county may lower the reasonable speed to 10 miles per hour or raise the limit to 20 miles per hour at any individual intersection. If the local government sets a lower or higher reasonable speed limit, the local government must post signage indicating that speed limit at the intersection. If the municipality or county adopts an ordinance or resolution pursuant to the act, it must be consistent with the act. An ordinance adopted before the effective date of the act that similarly regulates bicycles remains valid. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status:2/22/2018 Introduced In House - Assigned to Transportation & Energy Fiscal Notes Status:Fiscal impact for this bill Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position Amend: Wed, February 28, 2018, by jolson@fcgov.com (28-Feb-18) The bill permits a local authority to adopt a local ordinance regulating the operation of bicycles approaching intersections not on the State Highway system. However, such an ordinance would not apply to intersections on the State Highway system. It is important for traffic laws and regulations to be consistent throughout a jurisdiction. In this case, bicyclists may routinely not be aware of the difference between a State Highway intersection and a local intersection. Further, the operation of bicycles at intersections should be of Statewide concern. If it is allowable to operate a bicycle as described in the bill at local intersections it should be allowable at all intersections. This bill should be changed to define the operation of bicycles at all intersections within the State rather than creating a scenario where regulations vary from city to city and from intersection to intersection within a city. The proposed bill includes a definition of a “reasonable” speed for bicyclists of 15 mph, but allows a local authority to deviate +/- 5mph. This seems like unnecessary complexity. CRS 42-4-1101 already states that no person shall drive a vehicle (bikes are included in the definition of a vehicle) at “a speed greater than is reasonable and prudent under the conditions then existing.” And the proposed bill clearly identifies that the bicyclist must yield the right of way at the intersection. That being the case, there does not seem to be any reason to add in the speed limit provision anymore than we would need to do the same thing for motorists approaching a Yield sign. Status History:Status History Analyze This:Comments