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HomeMy WebLinkAboutAgenda - Full - Legislative Review Committee - 05/31/2022 - 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 31, 2022 3:00-4:00PM Please click the link below to join the webinar: https://fcgov.zoom.us/j/93363991855 1. Approval of minutes from April 19, 2022 meeting a. Attached: April 19, 2022 minutes 2. Final Bill Review  HB 1011: Wildfire Mitigation Incentives for Local Governments (Support) – Awaiting Governor Signature  HB 1028: Statewide Regulations of Controlled Intersections (Oppose) – Governor Signed  HB 1051: Affordable Housing Tax Credit (Support) – Awaiting Governor Signature  HB 1083: CO Homeless Contribution Income Tax Credit (Support) – Awaiting Governor Signature  HB 1151: Turf Replacement Program (Support) – Awaiting Governor Signature  HB 1152: Prohibit Employer Adverse Action Marijuana Use (Oppose) – Postponed Indefinitely  HB 1159: Waste Diversion & Circular Economy Development Ctr (Support) – Awaiting Governor Signature  HB 1272: Repeal of Attorney Fees on Motion to Dismiss (Oppose) – Awaiting Governor Signature  HB 1277: Authorize Credit Unions to Hold Public Money (Support) – Postponed Indefinitely  HB 1287: Protections for Mobile Home Park Residents (Support) – Awaiting Governor Signature  HB 1304: State Grant Investments in Affordable Housing (Support) – Awaiting Governor Signature  HB 1355: Producer Responsibility Program for Recycling (Support) – Awaiting Governor Signature  SB 063: Property Ownership Fairness Act (Oppose) – Postponed Indefinitely  SB 146: Middle Income Access Program Expansion (Support) – Governor Signed  SB 149: Improve Marijuana Industry Regulation (Support if Amended) – Postponed Indefinitely  SB 159: Revolving Loan Fund Invest in Affordable Housing (Support) – Awaiting Governor Signature  SB 160: Loan Program Resident-Owned Communities (Support) – Governor Signed  SB 193: Air Quality Improvement Investments (Support) – Awaiting Governor Signature  SB 198: Orphaned Oil and Gas Wells Enterprise (Support) – Awaiting Governor Signature  SB 232: Creation of Colorado workforce Housing Trust Authority (Oppose) – Awaiting Governor Signature 3. CC4CA a. Updates 4. Other Business a. Proposed future meeting calendar: i. June 28, 2022: Legislative Policy Agenda (LPA) review/early 2023 priority or City- initiated bill identification ii. July 26, 2022: Meet with State Representatives iii. August 30, 2022: Finalize 2023 LPA recommendation to Council iv. September 27, 2022: Set 2023 legislative priorities 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 Minutes Tuesday, April 19th, 2022 Committee Members Present: • Tricia Canonico (Chair), Shirley Peel, Susan Gutowsky, Jeni Arndt Staff Present: • Tyler Marr, Ginny Sawyer, John Duval, Lindsay Ex, Michelle Finchum, Ed Bowditch, Jennifer Cassell 1. Unanimous approval of minutes from March 22, 2022 Meeting 2. Bill Review (Day 98) a. Bills postponed Indefinitely i. HB 1152: Prohibit Employer Adverse Action Marijuana Use ii. HB 1277: Authorize Credit Unions to Hold Public Money iii. SB 149: Improve Marijuana Industry Regulation b. Bills for Discussion (Hot List) i. HB 1159: Waste Diversion and Circular Economy Development Center a. Question from CM Gutowsky on additional information on location: Colorado Department of Public Health and Environment (CDPHE). Location in Denver. Provide infrastructure and messaging (support the waste reduction and recycling market). ii. HB 1244: Public Protections form Toxic Air Contaminants a. CDPHE concerns around being the ones responsible for having accountability loop. CC4CA addressing concerns and trying to amend the language to exempt municipal utilities (assisting Colorado Association for Municipal Utilities). iii. SB 193: Air Quality Improvement Investments a. Supports and provides rebates for transitions to EV mobility. b. Electric lawn equipment was removed from the bill. Gas powered lawn equipment contributes a considerable amount to GHG. c. Movement to change from monitor to supporting bill. iv. SB 198: Orphaned Oil and Gas Wells Enterprise a. Movement to change from monitor to supporting bill. v. HB 1355: Producer Responsibility Program for Recycling vi. HB 1272: Repeal of Attorney Fees on Motions to Dismiss vii. HB 1361: Oil and Gas Reporting a. Would like more detail on this bill viii. HB 1362: Building Greenhouse Gas Emissions a. CC4CA supports this bill. CML is opposing this bill. 3. CC4CA a. General updates provided. 4. Other Business a. Rule Making City of Fort Collins 2022 Legislative Session Summary The 2022 General Assembly adjourned on May 11, 2022. The Democrats held the “trifecta” of control, with Governor Polis and majorities in the Senate (20-15) and House (41-24). There was a total of 716 bills introduced this session and roughly half of them passed the full process. The looming 2022 election and national sentiment against Democrats did dictate what bills were introduced and which passed. Nonetheless, we saw many messaging bills around voting rights, abortion, and guns. A common theme of the session was either allocating money or “saving people money” per the majority party messaging. One task for the legislature was distributing the near $2 billion in one-time federal stimulus dollars for various programs, individuals, and entities experiencing hardship from the pandemic. After three interim committees met last fall to discuss allocating the dollars in three broad buckets of housing, behavioral health, and economic recovery, the legislature created grant programs for air quality, workforce development, childcare, nonprofits, senior services, agriculture and water projects, geothermal energy, wildfire prevention, and community revitalization among other issues. This session was unique with having one-time federal dollars and increased state revenues to spend – it led to the creation of many new programs and forced the majority party to prioritize issues. Major Policy Bills Leadership wanted to avoid unnecessary fights. A number of major policy issues were dialed back or turned into studies.  Collective Bargaining – SB 22-230. This bill had been contemplated for two years. When finally introduced, it applied only to counties – not cities or institutions of higher education. After hours of debate, this bill passed on a completely partisan vote – 20-15, and 41-24. In a last-minute compromise to pass the bill, counties with a population below 7,500 were exempt.  Fentanyl Criminalization – HB 22-1326. In response to the state’s epidemic, Speaker Garnett introduced a bipartisan measure designed to both increase penalties for fentanyl dealers and to provide more access to treatment. This was a very emotional debate, with law enforcement, family members of individuals who had died, and treatment advocates all telling compelling stories.  Unemployment Insurance Trust Fund – SB 22-234. With the uptick in unemployment claims, the state had to borrow money that led to a $1 billion deficit in the UI Trust Fund. Wanting to ease the burden on employers to backfill the Fund, the Governor, legislative leadership, and the business community agreed to a $600 million allocation to the Fund.  Producer Responsibility – HB 22-1355. This bill requires producers (businesses) of certain materials to pay “dues” to a state-sanctioned non-profit to promote recycling. This will shift the burden of recycling programs from local governments to producers.  TABOR Refunds – SB 22-233. Colorado is subject to a revenue limit, and this year the state is anticipated to exceed its revenue limit by approximately $2.0 billion, resulting in TABOR refunds made through the Senior and Disabled Veteran Homestead Exemption, a temporary income tax reduction, and a sales tax reduction. This bill created a fourth mechanism that will refund every taxpayer $400 - you can expect your check this Fall!  Property Tax Reductions – SB 22-238. In order to negotiate the withdrawal of proposed property tax initiatives from the ballot this November, the legislature passed SB 22-238 to temporarily reduce residential and nonresidential assessment rates for 2023.  Homeless Initiatives – Governor Polis offered a variety of initiatives to help address homelessness: HB 22-1377establishes a $100 million grant program for local governments and SB 22-211 repurposes the Ridge View campus in Arapahoe County to serve homeless individuals. In addition, HB 22-1083 expands a current tax credit for non-profits that provide services from enterprise zones to statewide.  Creation of the Department of Early Childhood – HB 22-1295. This bill creates the 20th State Department – focusing on implementing the state’s new free preschool program that was authorized by the voters through the 2020 tax on tobacco and nicotine products. The creation of the new department also transitions certain child and youth services from DHS. The new department will go live in July of this year, with the executive director having sole authority to oversee all the programs for the first two years.  Flavored Vaping Ban – HB 22-1064. This was the most lobbied bill of the session, according to some accounts. Public health advocates, K-12 leaders, families of addicted children testified in favor, while a strong group of convenience stores, tobacco sellers, and other businesses testified against the bill. Ultimately it died in the second chamber.  Restricting Incarceration of Juveniles – HB 22-1131. Criminal justice reform advocates introduced this bill early in the session to ban the incarceration of 10–12 year-olds citing data that it is harmful to youth. With the bill not offering alternative services and programs for these juveniles, county human services departments and district attorney offices were successful in transforming the bill into a study. Summary of Budget Colorado’s budget for FY 2022-23 reflects strong General Fund collections. The state’s economy and tax collections have increased sufficiently to provide an overall increase of 12 percent in the General Fund. This allowed the state to make the following priority investments: 1. A “buy down” of $182 million of the K-12 budget stabilization factor, resulting in an average increase of 5.39 percent in district total program budgets. 2. A 10 percent increase for institutions of higher education, along with a 2 percent cap on tuition increases for resident students. 3. A 3 percent increase in state employee raises. 4. Significant new staff and $15.3 million in funding for public safety and law enforcement. 5. Over $40 million for air quality programs. 6. A $58.5 million increase in funding for individuals with intellectual and development disabilities. The state will now have a 15 percent General Fund reserve. 2022 Ballot Measures As 2022 is an even numbered year, any issue can be on the ballot, in contrast with “off year” elections which are limited to fiscal issues. At this point, a proposed income tax cut (lowering the flat tax rate from 4.55 percent to 4.41 percent) is certified to be on the ballot. Other measures are approved for signature collection: legalization of mushrooms, abortion restrictions, money for K-12 education, campaign expenditure limits, and dental procedures. We will know the final measures certified for the ballot by mid-August. 2022 Elections National issues (international uncertainty, inflation, Washington gridlock) have many Democratic legislators in Colorado uneasy about the fall election. All eyes will be on the Senate to see if party control flips. Term limits, retirements, and redistricting will force the departure of many legislators. We have a handful of legislators who will be running for a different chamber, local office, or congressional seats. In all, 2023 will bring 20-30 new legislators to the Capitol. Issues of Interest to Fort Collins The 2022 session was another big year for local government issues. Multiple bills were introduced from the Affordable Housing Task Force that met last interim, and those were clearly a priority for the legislature. We supported a few of those efforts. First, HB 22-1304 will provide grants to local governments for developing housing infrastructure, providing gap financing, and land banking. Second, SB 22-159 creates a revolving loan fund for local governments to borrow low interest loans for affordable housing projects. And lastly, we supported two bills that CFHA administers - HB 22-1051 which extends and expands the affordable housing tax credit and SB 22-146 which increases funding to the middle income access program. We did also support two bills to help mobile home park residents – HB 22-1287 extends many protections afforded to mobile home owners to non-owner residents such as allowing complaints to be filed and prohibiting retaliatory action against a resident. Then SB 22-160 creates a $35 million loan and grant fund for homeowners to purchase their mobile home park. Both of these bills were sponsored by our delegation members. A big fight early in the session was HB 22-1028 to allow bicyclists to roll through stop signs everywhere in the state. The bill was discussed over the interim and introduced by legislators from the Transportation Legislative Review Committee, so it had strong sponsorship and had been vetted. The bill was amended to require age restrictions, reduce the speed of traveling bikes, and engage in an education campaign. However, the bill was seen as an afront to local control and a cause of concern with state highways running through the city. While we worked with CML to aggressively oppose the bill, it wasn’t enough to stop it from passing the full process. We also engaged in environmental bills as a member of CC4CA. We supported two bills (and testified on one) to increase recycling rates in the state – HB 22-1159 will create a program in CDPHE to support end markets for recycled commodities and compost, and HB 22-1355 will shift the burden of recycling programs from local governments to the producers of recyclable products by requiring producers (businesses) of certain materials to pay “dues” to a state-sanctioned non-profit to promote recycling. Further, we supported SB 22-193, a bill that creates various grant programs to incent businesses and local governments to improve air quality - a major effort for investments in the state. Bills of interest to us that didn’t make it across the finish line include HB 22- 1277 which would have allowed credit unions to do business with municipalities and SB 22-149 which would have increased compliance checks and regulations of marijuana reporting. Perhaps we will see these re-emerge next session. Overall, it was a successful session for Fort Collins and we maintained great relationships with our delegation members throughout the session.