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Home My WebLink AboutAgenda - Full - Legislative Review Committee - 02/10/2015 - 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 February 10, 2015, 4:00 p.m. Commons Conference Room 1. Approval of minutes from January 27, 2015 meeting 2. Review Colorado General Assembly Bills 3. Other business  Update on National League of Cities Conference in March 2015 Next meetings: February 24 and March 17 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 Meeting Notes January 27, 2014, 4:00 p.m. Commons Conference Room Present: Wade Troxell, Councilmember; Ross Cunniff, Councilmember; Lisa Poppaw, Councilmember; Wendy Williams, Assistant City Manager; Carrie Daggett, Interim City Attorney; Dan Weinheimer, Legislative Policy Manager Absent: None Guests: Dale Adamy, Kevin Jones; Dan Betts, District Representative Senator Cory Gardner’s office Councilmember Troxell called the meeting to order at 4:20 pm. Adoption of the minutes from the October 28, 2014 meeting were moved for approval by Councilmember Cunniff and seconded by Councilmember Troxell. Minutes were adopted without amendment. Dan Weinheimer conducted a brief review of the process for City review of bills. Dan presented an overview of the process for staff review including use of the State Bill website, staff lists used to analyze proposals in specific issue areas, City Attorney comments, and information gathered from Colorado Municipal League and other outside groups. Several process improvements will be adopted After this discussion, Dan reviewed the bills listed on the bill tracker. HB15-1003 – Funds Safe Routes to School Program by putting at least $3m into the program. Dan noted support from transportation staff who indicated the success of the program locally. LRC adopted a support position. HB15-1007 – clarifies Local Government Retail Marijuana Taxes in statute. Dan noted there is concern that the bill also could allow a county to levy a sales tax in a home rule municipality – and in a case where that municipality has already levied a retail marijuana sales tax. For this reason, LRC adopted an position of oppose unless amended. HB15-1012 – amends the Sales and Use Tax Exemption for Dyed Diesel which is tax exempt fuel used for construction and farm equipment that does not travel/operate on roads or highways. Dan noted a concern with this bill in that it would impact cities’ constitutional right to determine and assess municipal sales tax. LRC adopted a position of oppose unless amended. 2 HB15-1016 – is a bill that would amend an existing program to Promote Precipitation Harvesting Pilot Projects. Councilmember Troxell sought additional information on the proposed expansion of the program particularly whether Fort Collins or the Water Cluster could host a pilot. LRC adopted a monitor position on this bill. HB15-1057 – is a bill regarding the State Initiative Process and would prioritize a fiscal impact statement once an initiative was qualified for the ballot. This 2- sentence fiscal impact statement would then be published on each page of a petition as it was circulated for signature. LRC adopted a monitor position. HB15-1073 – is a bill allowing Drivers to Challenge Initial Police Contact when stopped for suspected driving under the influence. Dan stated that he flagged this bill for LRC attention but was not sure there was a City concern except that Fort Collins police would be the initial contact for drivers. LRC adopted a monitor position. HB15-1077 – would Modify Late Vehicle Registration Fee from a maximum late fee of $100 to a maximum of $10. Dan noted that late fees are assessed after a grace period at a rate of $25/month up to $100 and that amounts to about $17m annually for the Highway Users Trust Fund. LRC adopted an oppose position. HB15-1094 – concerns expanding an enhancing the Restorative Justice Council and Pilot. Fort Collins’ restorative justice staff was involved in crafting this bill and support it as it may increase program funding. LRC adopted a support position. HB15-1098 – seeks to eliminate the use of Red Light Camera for traffic enforcement. This bill is annually brought forward and traffic safety in Fort Collins and other communities would be negatively impacted if this tool is outlawed. LRC adopted an oppose position. HB15-1119 – would make Local Governments with Fracking Bans Liable for Royalties. This could affect Fort Collins – though the City has adopted a moratorium, not a ban – and cost millions. This measure is aimed against any local action on oil and gas. LRC adopted an oppose position. SB15-006 – would Prohibit Forfeitures without Criminal Conviction. LRC members support this provision but Dan explained that an additional component of the bill would prevent local police from cooperating on federal law enforcement task forces. Fort Collins police oppose this aspect of the bill. LRC adopted a position of monitor pending additional information from staff. 3 SB15-018 – would Repeal the Late Vehicle Registration Fee. Dan noted that this bill goes further than the other related late vehicle fee bill and would simply eliminate any late fee. LRC adopted a position of oppose. SB15-032 – would Lift Restrictions on Carrying of Firearms by allowing anyone eligible to carry a handgun to carry that weapon as a concealed weapon without a concealed weapon permit. Dan mentioned that Police Services does not support this bill. LRC adopted an oppose position. SB15-040 – would provide County Authorization to Levy Retail Marijuana Tax. This bill is similar to HB 1007 and presents similar concerns about taxation within home rule cities. LRC adopted a position of oppose unless amended. SB15-044 – seeks an Electric Renewable Energy Standard Reduction which would reduce the percentages of energy derived from renewable sources that investor-owned utilities would need to have in certain timeframes. The LRC discussed this bill as it might impact the City’s electric utility in achieving its renewable goals as well as citizens not served by Platte River Power Authority (PRPA). LRC adopted a monitor position pending additional information. SB15-046 – is a bill to alter the Renewable Energy Standard, Adjusting Rural Electric Associations’ Distributed Generation calculation to meet the adopted renewable standards. The bill would allow REA’s to claim a 3:1 ratio of kilowatt hours produced from distributed generation. LRC adopted a monitor on this bill. SB15-079 – would institute a Document Recording Fee to Fund Affordable Housing. The $2 proposed fee would be split between $1 for the clerk recording the document and $1 for an affordable housing fund to be managed by the Colorado Housing and Finance Authority. LRC members had questions about the number of citizens likely to be impacted by the fee and by the anticipated $1m per year generated from the fee. LRC adopted a monitor position. SB15-081 – Would allow the Use of Lottery Money for Recreational Bicycle Trails. Dan noted that the GOCO/lottery money is already eligible for this use if a community chooses and that, while adding bicycle trails might be a good use of the money it is a concern that the legislature is attempting to tell home rule cities how to use funds. LRC adopted a monitor position. SB15-091 – would Reduce the Statute of Limitations on Construction Defect litigation. The bill would reduce from six years to three years the allowable time to file a lawsuit related to construction defects. LRC discussed that this bill does not provide adequate balance to consumer and developer interests. LRC adopted a monitor position. 4 SB15-092 – would create a Multi-Agency Review of the State Carbon Emission Plan. This review would add additional review including requiring a vote of each house of the General Assembly and that each approve the plan with a 2/3 majority. Dan noted that these requirements would effectively kill the plan implementation. LRC adopted an oppose position. SB15-093 – is a bill to Compensate Owners of Mineral Interests when a community adopts Extraction Regulations. This bill would require a local government that enacts a ban or moratorium on hydraulic fracturing that impacts a mineral owner’s rights to compensate that owner for a full value of the right. This bill would have a direct impact on Fort Collins. LRC adopted an oppose position. SB15-095 – concerns rules related to Manufactured Home Communities and would adopt changes to existing laws concerning those communities. LRC adopted a monitor position. The LRC then briefly discussed the March National League of Cities conference in Washington DC. The meeting was adjourned at 5:06 pm. Updated: February 4, 2015 Bill # Short Title Staff Rec'd Position City Adopted Position Date Intro'd 1st Committee 2nd Committee 2nd Reading 3rd Reading 1st Committee 2nd Committee 2nd Reading 3rd Reading First House Repass Conf. Cmte Governor HB15‐1003 Fund Safe Routes To School Program Support Support 1/7 Trans HB15‐1007 Local Government Retail Marijuana Taxes Oppose unless Amended Oppose unless Amended 1/7 F HB15‐1012 Sales and Use Tax Exemption for Dyed Diesel Monitor Oppose unless Amended 1/7 F 1/21 Trans 1/28 HB15‐1016 Promote Precipitation Harvesting Pilot Program Monitor Monitor 1/7 Ag F HB15‐1057 The Statewide Initiative Process Monitor Monitor 1/7 SA HB15‐1073 Driver May Challenge Initial Police Contact Monitor Monitor 1/12 Jud HB15‐1077 Modify Late Vehicle Registration Fee Oppose Oppose 1/12 SA 1/28 HB15‐1094 Restorative Justice Council And Pilot Changes Support Support 1/14 Jud 2/10 HB15‐1098 Red Light Camera Oppose Oppose 1/15 Trans 2/25 Ap HB15‐1107 Annexation Large Communities Served by Metro Districts Oppose 1/15 LG 2/11 HB15‐1119 Local Government Fracking Ban Liable Royalties Oppose Oppose 1/15 SA 2/11 Ap HB15‐1192 Entertainment Dist Expand Licensed Premises Types Monitor 1/30 HB15‐1202 Alcohol Beverage License Reissuance Support 2/3 SB15‐006 Prohibit Forfeitures without Criminal Conviction Oppose unless Amended Monitor 1/7 Jud 2/4 SB15‐018 Repeal Late Vehicle Registration Fee Oppose Oppose 1/7 Trans 1/27 F 2/3 SB15‐032 Lift Restrictions On Carrying Of Firearms Oppose Oppose 1/7 Jud 2/2 Ap SB15‐040 County Auth To Levy Retail Marijuana Sales Tax Oppose unless Amended Oppose unless Amended 1/7 LG 1/27 F 2/3 SB15‐044 Electric Renewable Energy Standard Reduction Monitor Monitor 1/7 Ag 1/29 2/3 2/4 SB15‐046 Renewable Energy Std Adjust REAs Distributed Gen Monitor Monitor 1/7 Ag SB15‐076 Dispose Cathode Ray Tubes At Hazardous Waste Sites Oppose 1/14 Ag SB15‐079 Doc Recording Fee To Fund Affordable Housing Support Monitor 1/14 SA SB15‐081 Use Lottery Money For Recreational Bicycle Trails Monitor Monitor 1/14 F 1/29 SB15‐091 Reduce Statute Of Limitations Construction Defects Support Monitor 1/14 SA 2/10 SB15‐092 Multi‐agency Review Of State Carbon Emission Plan Oppose Oppose 1/14 SA SB15‐093 Compensate Owners Min Interests Extraction Regs Monitor Oppose 1/14 Ag 2/12 SB15‐095 Manufactured Home Communities Monitor Monitor 1/14 F 2/3 SB15‐135 Public Bodies and Urban Renewal Support 1/28 LG 2/10 SB15‐136 Labeling of Retail Marijuana Packaging Monitor 1/28 HE 2/5 City of Fort Collins Legislative Tracking General Assembly Session 2015 First House Second House Bill # Short Title City Position Date Intro'd 1st Committee 2nd Committee 2nd Reading 3rd Reading 1st Committee 2nd Committee 2nd Reading 3rd Reading First House Repass Conf. Cmte Governor City positions Bill Action Summary Scheduled for action (yellow) Support (green) Legislative committee action not scheduled (no fill) Oppose (red) Amend (blue) Monitor (no fill) Committee Abbreviations Ag = agriculture and natural resources committee Ap = appropriations committee Jud = judiciary committee BL = Business, labor and econ development committee 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 environment committeee UR = upon recess Bill waiting 2nd/3rd reading or not calendared (no fill) Bill signed by Governor (green) Bill no longer active (gray) Bill passed, date of action (green) First House Second House Bill scheduled in committee of reference (yellow) Bill status Legislative committee action scheduled, date and time (yellow) Bill postponed indefinitely or lost, date of action (red) Bill did not go on to second committee or no action required (black)