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HomeMy WebLinkAboutAgenda - Full - Legislative Review Committee - 09/24/2019 - 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 September 24, 2019 4:00-5:00 Commons Conference Room, City Hall, 300 LaPorte Ave., Building A 1. Approval of minutes from August 20, 2019 Meeting Attached: August 20, 2019 Minutes 2. Colorado Communities for Climate Action (CC4CA) 2019-2020 Policy Agenda – consideration of adoption of the 2019-2020 CC4CA Policy Agenda Attached: (A) Analysis of CC4CA Policy Agenda compared with the 2018-2019 LPA and (B) 2019-2020 CC4CA Policy Agenda 3. Legislative Policy Agenda – discussion of new items to include or requests for edits. Discussion of fall calendar and preferred dates for LRC discussion and Council adoption Attached: 2019 Legislative Policy Agenda 4. Breakfast with State Legislators 5. Washington, D.C. Lobbying Trip – planned meetings 6. Other Business LRC Committee Minutes Date: August 20, 2019 Time: 4:00pm – 5:00pm 4:08pm Location: Commons Conference Room Councilmembers Present: Ross Cunniff, Susan Gutowsky, Ken Summers Staff Present: Jeff Mihelich, Carrie Daggett, Ginny Sawyer, Tyler Marr, Sierra Anderson, Carter Hill Discussion of Border and Immigration Resolution Discussion of Leadership Planning Recommendation • Cunniff – Asked what LPT is asking for • Jeff – Explained the option to move forward with a community meeting/forum with Congressman Neguse instead of creating a resolution • Tyler – Referenced the community issues forum coming up as a potential way to incorporate immigration concerns (CPD would help facilitate this sometime in October or early November) • Summers – Stated that he didn’t feel that LRC needed to come up with a resolution but felt positive about getting a better understanding of what the process may look like. Also expressed interest in moving forward with a community meeting. Believes a resolution is appropriate when the City is hoping to call attention to an issue people are not aware of; believes an immigration resolution does not meet that criteria. Discussed the challenges with getting involved with partisan politics. Expressed interest in hearing from the Congressman and other state officials. Believes council should not take part in trying to support or convince community members who have set opinions on partisan topics. • Gutowsky – Believes that now is the right time to have a community meeting. Supports the idea of a structured setting and working with Martin and the CPD. Discussed a training on racism and how it opened the room to positive conversations. Is hopeful that this community meeting can have similar positive outcomes with positive dialogue. • Cunniff – Believes the Council should focus on identifying Fort Collins specific issues and wonders if there is a way to address the census portion of the resolution specifically. Believes it is in the interest of Fort Collins to inform and encourage the community that participants will not be persecuted by immigration for registering in the census. Suggested including a statement in other business that Council will do everything reasonable to help support a full census. • Summers – Questioned the statement describing a ‘rising fear within the community’ written in the resolution. Asked what specifically the ‘rising fear’ is related to. Asked if there is a new issue on this topic. • Jeff – Stated the fear addressed in the resolution and during the public comment period is most likely in response to national news which may be creating uncertainty. • Summers – Stated that foreign nationals in a country illegally will most likely feel fear regardless of the story behind their illegal status. Believes that while we want to do what we can to make people feel comfortable in their homes and feel safe to utilize emergency services, we should not be expected to bend over backwards to accommodate • Cunniff – Discussed plans to tell Council that LRC does not recommend moving forward with a resolution but supports a community meeting. • Ginny – Questioned if LRC has suggestions on potential criteria for when to bring national issues forward • Summers – Believes national issues are not in direct purview of the City Council. Suggested that if there is necessary or helpful information it should be provided to Council. Also suggested that Council needs to decide the level it wants to be involved in national issues. Expressed concerns with jumping into partisan issues. • Carrie – Stated there is a lot a potential for the Council to get involved in issues where they may not have standing and that may not have positive results. Suggested Council look to more clearly define the role of this committee and what is expected of the group. Also suggested renaming the committee. • Ginny – Explained some of the work LRC has done in the past; for example, a flowchart document to outline the process. • Cunniff – Suggested that any LRC recommendation should be specific to Fort Collins. Referenced the census portion of the immigration discussion as an area of immigration that has a direct impact on Fort Collins. Stated minimum wage is not an issue that LRC should take over. Questioned whether LRC should discuss with Council about renaming and redefining the committee’s role. Suggested Regional State and Federal Policy Committee or Legislative Policy Committee as potential alternatives. Ultimately expressed leaning more toward not changing the current committee as LRC. • Cunniff – Stated a preference to have LRC inform Council of specific recommendations that focus on issues that directly impact Fort Collins. • Summers – Expressed that Council should not feel obligated to respond or act based on public comment period statements. Stated that public comment allows people to express their views, but it should not necessarily become a priority. Believes that it is important for the Council to know that the body is not responsible to act on all comments. • Jeff – Supports a case by case approach to public comments requesting this type of thing – referenced the difference between public comments on climate versus comments on immigration that led to this resolution discussion. • Tyler – Stated the value and importance of the policy agenda’s role in these areas. • Cunniff – Stated plans to report LRC meeting conclusions during council reports tonight. Other Business DC Trip • Tyler – Stated that six or more Councilmembers will be attending. Stated more information will come regarding hotel blocks, agendas, etc. Breakfast with legislators: scheduling • Ginny – Stated plans to schedule a meeting with legislatures and Council. Plans on working internally on City policies in the meantime and is thankful for the patience from Council. 2019 LEGISLATIVE POLICY AGENDA 2019 LEGISLATIVE POLICY AGENDA Adopted December 4, 2018 TABLE OF CONTENTS Home Rule and Local Control.............................................6 Affordable Housing ..............................................................6 Air Quality .............................................................................6 Beer and Liquor ....................................................................6 Broadband and Cable ...........................................................7 Climate ....................................................................................7 Development Review and Land Use Planning .................7 Elections .................................................................................7 Energy .....................................................................................7 Finance ...................................................................................8 Hazardous Materials Management ....................................8 Human Resources ................................................................8 Marijuana ...............................................................................9 Municipal Court.....................................................................9 Oil and Gas ............................................................................9 Open Records and Data Management ..............................9 Parks and Natural Areas .....................................................10 Public Health ........................................................................10 Public Safety ........................................................................10 Recycling and Solid Waste Reduction .............................10 Risk Management and Liability..........................................11 Transportation ......................................................................11 Urban Renewal and Downtown Development ...............12 Water, Wastewater, and Stormwater ...............................12 City of Fort Collins Legislative Contacts ..........................12 4 Legislative Policy Statements 2019 INTRODUCTION Fort Collins is a community of 170,100 residents. Incorporated in 1873, the City has grown to become the commercial, educational and cultural hub of Northern Colorado. The City adopted a home rule charter in 1954 and operates under a Council-Manager form of government. The City is a data-driven municipal organization that strives to fulfill its mission, “Exceptional service for an exceptional community”, through a vision of providing world-class municipal services through operational excellence and a culture of innovation. City leaders seek innovative solutions to issues facing the community and are often willing to leverage emerging technologies. The Fort Collins City Council annually adopts a Policy Agenda ahead of the upcoming Colorado general Assembly session for the purpose of guiding legislators and staff in supporting community goals. The Policy Agenda is broad set of policy statements meant to convey positions on issues that affect the quality of life and the governance of our community. It is structured to address areas of local concern and to also reflect the strategic planning that guides City of Fort Collins organizational resource allocation and decision making. Fort Collins welcomes opportunities to work in partnership to leverage additional resources and participate in regional dialogue to achieve shared outcomes. The City has identified seven outcome areas to ensure appropriate and effective resource allocation supporting the community’s priorities. Outcome areas include Culture and Recreation; Economic Health; Environmental Health; High Performing Government; Neighborhood Livability and Social Health; Safe Community; and Transportation and Mobility. The Policy Agenda identifies this alignment as it is important for City staff to ensure that advocacy supports specific desired outcomes. 5 CITY OF FORT COLLINS LEGISLATIVE REVIEW COMMITTEE The Legislative Review Committee (LRC) is a representative group of Council members that reviews and reacts to proposed legislation on behalf of City Council and the City. In taking a position on bills, the LRC interprets and applies the various policies that are included in the Legislative Policy Agenda. Council Members presently serving on the Legislative Review Committee are: • Councilmember Ken Summers, Chair • Councilmember Ray Martinez • Councilmember Ross Cunniff LEGISLATIVE REVIEW PROCESS In 2019, the City of Fort Collins will rely heavily on the Legislative Policy Agenda, the Colorado Municipal League, and the Colorado Communities for Climate Action organizations for the majority of bill tracking and identification. The City currently maintains memberships with the Colorado Municipal League and Colorado Communities for Climate Action – both groups maintain a fulltime presence at the capitol and engage in bill identification and advocacy consistent with their own adopted policy agendas. The City influences both groups’ policy agendas, and while not perfectly consistent with our own, both generally advance and protect the City’s interests. Bills introduced in the Colorado General Assembly, United States Congress and federal, state or county regulations or rulemakings are reviewed by City staff. Bills, regulations and rules that are identified as having a potential impact on the City will be brought to the LRC for discussion. If LRC adopts a position, staff will convey that information to the appropriate state or federal representative and advocate for the adopted position. Due to the time-sensitive nature of the General Assembly, if a bill’s subject matter is explicitly addressed in this Policy Agenda, staff will proactively work with state and federal representatives to advance the City’s position as expressed in this legislative policy agenda and other Council-adopted plans and policies. Staff will provide regular updates to the LRC and the full City Council regarding bills of consequence to the City and will consult with the LRC regarding bills for which direction under the adopted policy is unclear. Staff liaisons support the LRC by contributing expertise in various areas of municipal service. The City Attorney’s Office also reviews selected bills and may provide confidential legal analysis. Fort Collins also works with community partners to support local projects and staff collaborates with representatives of other municipalities on mutually-held priorities. Fort Collins actively seeks innovative partnerships to leverage positive outcomes for residents. The City works closely with the Colorado Municipal League (CML) and the National League of Cities (NLC) on many legislative items facing cities. Fort Collins maintains membership with Colorado Association of Municipal Utilities (CAMU) which represents 29 municipal utilities throughout the state on utility issues, Colorado Communities for Climate Action (CC4CA) which represents municipalities on climate issues. In addition, Fort Collins actively participates in various trade organizations which represent specific areas of interest to City operations. Wade Troxell Mayor 970-416-2154 wtroxell@fcgov.com Gerry Horak Mayor Pro Tem, District 6 970-217-2993 ghorak@fcgov.com Susan Gutowsky District 1 970-215-6308 sgutowsky@fcgov.com Ray Martinez District 2 970-690-3686 raymartinez@fcgov.com Ken Summers District 3 970-221-6878 ksummers@fcgov.com Kristin Stephens District 4 970-217-5817 kstephens@fcgov.com Ross Cunniff District 5 970-420-7398 rcunniff@fcgov.com 6 Legislative Policy Statements 2019 2019 LEGISLATIVE POLICY STATEMENTS HOME RULE AND LOCAL CONTROL In order to consider and manage local conditions and desires, community issues and needs should be addressed locally. For this reason, home rule authority is of utmost importance to the City of Fort Collins. The City must be free to regulate local activities that primarily impact the area within the City’s boundaries, such as the speed of local traffic or the effects of particular land use developments. The City also understands the accumulative effect of these and other activities have statewide ramifications that may call for statewide regulation, to effectively manage such things as overall growth and development in the state, traffic congestion in major transportation corridors and environmental quality. Therefore, the City: 1. Supports strengthening and preserving home rule authority of municipal governments. 2. Opposes State or Federal intervention in matters of local concern or matters that unnecessarily or adversely affect the City’s ability to manage and operate pursuant to its home rule authority. 3. Opposes changes that increase (and support changes that lessen) the burdens on municipalities associated with public or other government records, establishment of ethics standards and procedures, operation of municipal courts, and other matters of municipal operations or authority. 4. Supports enabling cities to choose the provision of services through private enterprise in a manner that fosters cost effective, sustainable, quality services. 5. Supports local control of the awarding of contracts and the accountability of local officials for those actions. 6. Opposes mandates that increase the complexity and cost of services without improving those services. 7. Supports collaborative regional efforts for the benefit of participating communities. AFFORDABLE HOUSING NEIGHBORHOOD LIVABILITY AND SOCIAL HEALTH The City recognizes that the affordability and availability of quality housing is critical to a vibrant and diverse community. Therefore, the City: 1. Supports maintaining or enhancing current levels of funding for affordable housing throughout Colorado, including expanding the State Low Income Housing Tax Credit program, but not increases to unrelated fees. 2. Supports increasing local government’s ability to regulate, manage or generate alternative sources of funding for affordable housing, including public- private partnerships. 3. Supports stronger amendments to construction defect laws to promote the construction of owner occupied- attached housing. 4. Supports creating an adequate supply of housing for all income levels and continued public and private sector support for these efforts. AIR QUALITY ENVIRONMENTAL HEALTH The City’s Air Quality Plan establishes a strong overall goal to “continually improve Fort Collins air quality.” Therefore, the City: 1. Supports programs and policies that improve public health and air quality and support rapid attainment of National Ambient Air Quality Standards, including ozone. 2. Supports local government authority to improve air quality beyond minimum State or Federal requirements. 3. Supports adequate authority and resource at all levels of government to enforce air quality regulations. 4. Supports economic incentives, disincentives and other market approaches that promote lower emissions, and fewer carbon- based fuels. 5. Supports strengthening standards for tailpipe emissions, aggregate vehicle emissions and/or fuel economy for all vehicles. Supports programs and policies that promote the use of electric vehicles and the development of infrastructure needed to support the use of those vehicles. BEER AND LIQUOR SAFE COMMUNITY The City issues and renews liquor licenses, enforces license rules, and holds hearings for liquor license violations. Therefore, the City: 1. Supports clarifying the qualifications for what types and purposes a business may obtain and use a state liquor license. 2. Supports definition of a “meal” when calculating the percentage of meals served for a liquor license. 7 BROADBAND AND CABLE ECONOMIC HEALTH Reliable, high-speed, and affordable access to broadband and cable programming throughout the community remains a priority and a long-term goal for the City to ensure our economic vitality and allow for equal access for all residents and businesses. Therefore, the City: 1. Supports maintaining local franchising authority to preserve local governments’ ability to negotiate in the public interest for cable channel space, institutional networks and public education and government programming. 2. Supports allowing communities to offer and/or partner to offer high speed internet, Wi-Fi and other enhanced telecommunication services to residents, schools, academic institutions and businesses. 3. Opposes restrictions on providing telecommunication services within City- owned facilities and on City property, and related restrictions on the manner in which such services may be financed, funded or structured. 4. Opposes infringement on municipalities’ ability to compete in the broadband marketplace. 5. Opposes right of way use contrary to existing aesthetic policies and practices, including the addition of any above ground cabling. CLIMATE ENVIRONMENTAL HEALTH Making communities more resilient to disaster and the effects of a changing climate has become more important to Colorado communities over the last several years as natural disasters have caused significant human and property loss. Fort Collins has adopted aggressive emission reduction goals and supports policies and legislation helping communities and the state to achieve these goals and enhance the environment as detailed in the Climate Action Plan. Therefore, the City: 1. Supports greenhouse gas (GHG) emission reduction targets, planning, and implementation at all levels of government. 2. Supports market-based mechanisms to reduce emissions, including incentives, enabling legislation, and other mechanisms to achieve emissions reductions and increase resiliency in energy, waste reduction, transportation, and water sectors. 3. Supports protection of the Colorado self-audit law. 4. Supports reducing the emission of criteria pollutants. DEVELOPMENT REVIEW AND LAND USE PLANNING ECONOMIC HEALTH, NEIGHBORHOOD LIVABILITY AND SOCIAL HEALTH Fort Collins has a well-established development review process, land use and building code; all of which align with local priorities. Therefore, the City: 1. Supports financial compensation for additional work of inspectors through fees or other means. 2. Supports funding for any state mandated inspection requirements. 3. Supports local governments’ authority to determine development review and inspection timelines. 4. Encourages regional cooperation in land use, transportation planning, and fostering sustainable development. 5. Supports prohibition to the annexation of land that is located within the boundaries of a Growth Management Area that was legally established by an intergovernmental agreement between a municipality and a county by any municipality not a party to the agreement. 6. Supports municipal discretion concerning the imposition of development fees and requirements. ELECTIONS HIGH PERFORMING GOVERNMENT The City of Fort Collins conducts municipal elections in April of odd years and special elections upon initiative referrals. The City is committed to conducting a clear, legal, and trustworthy elections process. Therefore, the City: 1. Supports all efforts that assist the City in conducting fair and transparent election processes according to the City’s adopted procedures. 2. Supports process improvements that encourage voter participation. ENERGY ECONOMIC HEALTH, ENVIRONMENTAL HEALTH As a municipally-owned electric utility, the City is committed to providing affordable, reliable, and clean energy services to residents and businesses, as detailed in the Energy Policy. Therefore, the City: 1. Supports efforts that promote energy affordability, safety, and reductions in fossil-fuel generated consumption for residents, businesses and institutions. 2. Supports reductions in environmental damage caused by energy extraction and production. 3. Supports opportunities for energy efficiency, production, and operation in local economies. 8 Legislative Policy Statements 2019 4. Opposes barriers to coordinating integrated planning for energy supply and demands. 5. Supports state and federal funding for resilience efforts to mitigate potential energy and climate related disruptions. 6. Supports federal and state incentives for renewable energy production, including wind power, and provide for “State Implementation Plan” credits for renewable energy (excluding residential wood burning and corn-based ethanol) and energy efficiency. 7. Opposes attempts to prevent or inhibit provision of municipal electric service in newly annexed areas. 8. Supports smart grid technology adoption and grid modernization. 9. Supports minimizing the environmental impacts of all forms of energy. FINANCE HIGH PERFORMING GOVERNMENT Strong fiscal planning, prudent debt management and investment policies, and preservation of the City’s revenue base are vital in maintaining and improving the City’s financial health. Considering the known impacts of legislation on the City’s business community can help foster a stronger tax base and retain a strong quality of life. Therefore, the City: 1. Supports expanding municipal authority to establish alternative funding mechanisms, including financing tools such as public improvement fees (PIF) and certificates of participation (COP). 2. Supports increased funding for K-12 and higher education, specifically Colorado State University and Front Range Community College. 3. Encourages the equitable treatment of sales and use taxes to residents and corporations residing or doing business in Colorado by limiting exemptions. 4. Supports the equitable distribution sales tax collections on e-commerce transactions. 5. Opposes efforts that inhibit the City’s ability to increase its revenue base (sales, use and property taxes). 6. Supports protections that do not unnecessarily restrict the investments of government entities. HAZARDOUS MATERIALS MANAGEMENT SAFE COMMUNITY; ENVIRONMENTAL HEALTH It is an important concern of the City to safeguard Fort Collins’ health and environmental safety by reducing risks from the unauthorized release of hazardous materials or hazardous waste. Therefore, the City: 1. Supports strengthening the enforcement of hazardous materials regulations. 2. Supports increasing diversion of hazardous waste from landfills. 3. Supports greater flexibility and more options for local government in the management of publicly-owned areas thought to have asbestos-containing soils while maintaining responsible site management practices. 4. Support City’s ability to review and approve locations of facilities that use or store hazardous materials or hazardous waste. HUMAN RESOURCES HIGH PERFORMING GOVERNMENT The City of Fort Collins is committed to the health, safety and well-being of its employees. The City works diligently to be efficient and responsible stewards of tax dollars ensuring that employee compensation and benefits are fair, market-based, and competitive. The City believes that its citizens, through their elected representatives on City Council, are in the best position to determine appropriate City employee compensation, benefits, appeal rights related to disciplinary action and policies. Therefore, the City: 1. Supports the City’s ability to make decisions on employment issues, including collective bargaining, arbitration, compensation, appeal rights related to disciplinary action and benefits to further an equitable work environment. 2. Supports expansion to the City’s ability to determine how best to manage health, welfare and wellness services for employees. 3. Supports current state funding levels for police officer death and disability benefits. 4. Opposes proposals that would allow employees and/or retirees with defined contribution plans to move into defined benefit plans if there is a cost to local government. 5. Opposes proposals that would limit the City’s ability to test job applicants or employees at work for impairment due to consumption of alcohol, marijuana, or other controlled substances or to set limits related to such testing. 9 MARIJUANA SAFE COMMUNITY After the State’s legalization of medical and recreational marijuana, the City of Fort Collins created local marijuana business licensing programs and adopted ordinances to balance the needs and desires of the community related to legal marijuana. The City’s licensing program supports the state dual-licensing system for medical and recreational marijuana businesses. Therefore, the City: 1. Supports communities’ ability to raise necessary funds to maintain public safety and enforce marijuana possession laws. 2. Supports additional state marijuana enforcement resources, especially for field enforcement. 3. Opposes under-21 access to marijuana. 4. Supports local opt-in provisions regarding new permits and/or licenses. 5. Supports re-scheduling of marijuana at the federal level to help address safety through research and legal banking, and to reduce conflict between Colorado and federal laws. MUNICIPAL COURT SAFE COMMUNITY; HIGH PERFORMING GOVERNMENT The Fort Collins Municipal Court is responsible for administering the operations of the judicial branch of City government according to the City Charter and ordinances adopted by City Council. Cases adjudicated in Municipal Court include traffic violations, misdemeanors, civil infractions, and civil cases. Generally, cases are brought to Municipal Court by Fort Collins Police Services, Colorado State University Police Department, Animal Control, other City departments, and private citizens. Therefore, the City: 1. Opposes limitations on the authority of municipalities to enforce their own ordinances in municipal courts and increased procedural requirements or limitations on municipal court proceedings, such as limitations on bonding requirements related to municipal court warrants and sentencing options. 2. Opposes the imposition of state surcharges on municipal court fines for the purpose of funding state programs. 3. Opposes any unfunded mandates imposed on municipal courts by the state. OIL AND GAS ENVIRONMENTAL HEALTH Oil and gas extraction activity and associated health and environmental impacts are a concern for Fort Collins. Fort Collins residents have expressed continuing concern about the human and environmental health impacts from oil and gas operations, particularly from the hydraulic fracturing treatment used on most Colorado wells. In November 2013, voters approved a five-year moratorium on oil and gas extraction in order to study its property value and human health impacts but this was overturned by the State Supreme Court in 2016. Additionally, transported emissions from oil and gas operations outside of City limits have been demonstrated to contribute to ozone formation. Therefore, the City: 1. Supports greater local authority to regulate oil and gas exploration activities within municipal boundaries, including ability to inspect sites, ensure operator compliance, and regulate location of extraction, storage and transmission activities. 2. Supports state, federal, and academic studies evaluating impacts of oil and gas operations on human health and property values. 3. Supports air pollution monitoring, emission characterization and modeling studies to better understand the contributions of the oil and gas industry to air pollution. 4. Supports the current formula allocation of severance tax to impacted jurisdictions so that they might address impacts from resource extraction. 5. Supports industry information sharing and collaboration with local governments on the planned development of resources within communities’ Growth Management Areas. 6. Supports legislation that balances the rights of surface landowners and mineral rights owners. OPEN RECORDS AND DATA MANAGEMENT HIGH PERFORMING GOVERNMENT The City is the collector and keeper of hundreds of datasets and recorded information and is legally bound and responsible for responding to Open Record requests. The City supports transparency and open data initiatives. Therefore, the City: 1. Supports clear requirements that allow for reasonable requests and timeframes to provide information that is legally available. 2. Opposes mandates that include unrealistic timeframes and requests that require additional staff time with no means to recover costs. 3. Supports cybersecurity efforts that protect the City, consumers, and infrastructure. 10 Legislative Policy Statements 2019 PARKS AND NATURAL AREAS ENVIRONMENTAL HEALTH; CULTURE AND RECREATION The City is committed to providing the community with excellent natural areas, parks and recreation services and facilities. Our citizens enjoy a better quality of life, improved health, less crime and a greater sense of community because of our quality natural areas, parks and recreation programs. Therefore, the City: 1. Supports maintaining or enhancing funding for parks, trails, forestry, horticulture, natural areas, and recreation services and facilities. 2. Supports local discretion to use Great Outdoors Colorado and other sources for funding municipal government projects addressing local needs and priorities. 3. Supports equal or greater funding levels of Great Outdoors Colorado grants awarded to municipalities 4. Supports maintaining or enhancing tax incentives to private landowners for voluntary land conservation. 5. Supports protection of the Cache la Poudre River and local urban streams. PUBLIC HEALTH SAFE COMMUNITY; NEIGHBORHOOD LIVABILITY AND SOCIAL HEALTH The City of Fort Collins strives to be a welcoming and inclusive community for all, including residents who may be experiencing the challenges of homelessness, mental health issues, addiction, depression, and other challenging life situations. Therefore, the City: 1. Supports maintaining or increasing the funds available through the state and federal government for community- focused non-profits to provide human services and housing support. 2. Supports providing communities with resources to address chronic homelessness, supportive housing, mental health, and substance abuse, including tobacco prevention programs. 3. Supports a standardized statewide approach to addressing homelessness. 4. Supports statewide efforts to enforce retail tobacco sales compliance. PUBLIC SAFETY SAFE COMMUNITY The Fort Collins City Council recognizes the critical importance of maintaining public safety, providing a safe environment, and protecting the lives and property of the citizens of Fort Collins on a daily basis as well as through preparedness and resiliency planning efforts. Therefore, the City: 1. Supports greater protections to victims of crime. 2. Supports the City’s right to use camera enforcement of traffic laws, reduce operational restrictions on the use of camera enforcement, and increases the fines associated with violations. 3. Supports protocols and funding for shared, statewide emergency response communications, including supporting Larimer Emergency Telephone Authority (LETA) and other efforts to resolve 911 diversity issues, such as through the addition of an additional 911 provider. 4. Opposes increased 911 provider tariffs without clear documentation of cost needs. 5. Opposes initiatives that have the potential to compromise officer safety. 6. Supports minimum training criteria and professional mediator certification that formally legitimizes the field of Alternative Dispute Resolution (ADR). 7. Supports maintenance of a statewide database of concealed weapons permits. 8. Opposes municipal liability for prisoners’ self-inflicted wounds while in police custody or detention facilities. 9. Opposes efforts to undermine local control or enforcement of activities on public property. 10. Supports a state fire code, the code of choice being the International Building and Fire Code, and allowing municipalities to adopt their own amendments. 11. Opposes limits to local enforcement of the International Fire Code as adopted with local amendments, imposing inspection requirements or preventing collection of permit or inspection fees as required by the local jurisdiction. 12. Opposes restricting any local jurisdiction from requiring the installation of fire sprinklers. 13. Supports the City’s ability to prohibit the use and sale of fireworks and allow counties and fire districts to prohibit and otherwise control fireworks within City boundaries. 14. Supports efforts to reduce abuse and improper disposal of over-the-counter and prescription drugs. 15. Supports exclusive digital communication networks for public safety personnel during emergencies. RECYCLING AND SOLID WASTE REDUCTION ENVIRONMENTAL HEALTH The City of Fort Collins endorses a multi- pronged approach to waste minimization that includes recycling, re-use, composting, and source reduction, and which also applies Sustainable Materials Management principles such as redesigning systems to reduce pollution and waste. Additionally, the City has adopted a goal of diverting 75 11 percent of community waste by 2020; 90 percent by 2025, and 100 percent by 2030. Therefore, the City: 1. Encourages integrated, sustainable waste management planning and implementation policy, including but not limited to centralized data collection requirements and formal statewide diversion targets. 2. Supports a regulatory authority role for local government to ensure the efficient management of recyclable material and solid waste, including application of laws that prescribe the use of county-funded disposal facilities for certain types of wastes, and other local bans on landfill disposal for certain types of debris. 3. Encourages “buy recycled” or “environmentally preferable purchasing” policies for government agency procurement. 4. Supports incentives and funding for programs that promote waste reduction, reuse and recycling, and development of related infrastructure. 5. Supports continued or increased funding for programs to collect and monitor data on trash volumes, rates of diversion from landfill disposal and economic impacts of recycling. 6. Supports greater producer responsibility initiatives, such as “take back” regulations that assist consumers to appropriately recycle packaging materials or certain products (e.g., cardboard and expanded polystyrene packaging, single-use plastic shopping bags, or mattresses). 7. Opposes CRS Section 25-17-104, which currently limits local authority to regulate packaging materials (e.g., single-use plastic bags). 8. Supports establishing a refundable deposit fee on beverage containers to increase recovery rates and pay for recycling programs. 9. Supports state and regional tax incentives for existing and new businesses that provide end markets for recycled materials in support of a domestic, circular economy. RISK MANAGEMENT AND LIABILITY HIGH PERFORMING GOVERNMENT The City of Fort Collins recognizes the dual purpose of the workers’ compensation system – providing benefits promptly to injured employees in a cost-effective manner and minimizing costly litigation. Council also recognizes that the City’s self-insurance program is a cost-efficient method to insure workers’ compensation and that government intervention or taxation can negatively impact the City. Therefore, the City: 1. Supports improving administrative efficiency of the Division of Workers’ Compensation. 2. Opposes increased insurance premium costs to employers. 3. Opposes administrative burdens or taxes to self-insurance programs. 4. Supports limits to insurance claim litigation. 5. Opposes limiting the City’s options and ability to manage workers’ compensation claims; including actions like removing existing off-sets to workers’ compensation benefits or limiting the City’s ability to designate treating physicians. 6. Opposes efforts to presumptively expand workers’ compensation coverage to illnesses or injuries that are not work related. 7. Opposes efforts to reduce or weaken protections against liability through governmental immunity or other statutory provisions. TRANSPORTATION TRANSPORTATION AND MOBILITY The City actively promotes the safety and ease of traveling to, from and throughout the community using a variety of modes of transportation. Additionally, the City’s policy is to encourage the use of bicycling, transit and walking whenever appropriate. Therefore, the City: 1. Opposes reductions to the present allocation formula of 60 percent state, 22 percent counties, and 18 percent municipalities for Highway User Tax Fund (HUTF) or any appropriations from the state using the same formula. 2. Supports alternative methods of funding transportation infrastructure needs. 3. Support funding the analysis and implementation of inter- and intra- regional transit linkages, including future commuter rail connectivity. 4. Encourages flexibility in federal funding and regulations in order to better meet the needs of small to medium-size communities. 5. Supports guaranteed levels of federal funding for transportation and allocation of all federal motor fuel taxes and other federal transportation trust funds for their intended transportation purposes. 6. Supports broadening the definition of the gasoline tax to a “fuel tax” that encompasses other fuel options as they become more prevalent. 7. Supports enhanced ability to implement railroad quiet zones in municipalities and a reduction in train horn decibel and duration requirements. 8. Opposes divesting highway roads in urban areas from the state and making them the sole responsibility of local jurisdictions. 9. Supports safe operation of railroads through timely track inspections, joint training and communication between 12 Legislative Policy Statements 2019 railroad and emergency personnel, and the use of safe equipment. 10. Supports funding for the build out of Interstate 25 improvements, which may include a ballot measure. 11. Opposes reductions in federal dollars for bicycling, transit and walking. 12. Supports local control of public roads, pedestrian paths, and bike lanes to address emerging modes of transportation. URBAN RENEWAL AND DOWNTOWN DEVELOPMENT ECONOMIC HEALTH The state of Colorado has empowered local authorities to use Urban Renewal Authorities (URA) and Downtown Development Authorities (DDA) to encourage downtown revitalization and the elimination of blight. The main funding tool for URAs and DDAs is Tax Increment Financing (TIF) generated through property taxes. In its best intention, urban renewal and downtown revitalization restores economic vitality and improves the safety of a designated area, with limited financial impact to other government jurisdictions. Therefore, the City: 1. Opposes limitations on municipalities’ ability to utilize financing mechanisms such as TIF or Metro Districts. 2. Opposes efforts to increase influence of non-City jurisdictions over the use of TIF within City limits. 3. Supports maintaining the ability of downtown development authorities to utilize the full offering of tools and powers provided in the DDA Act. WATER, WASTEWATER, AND STORMWATER ENVIRONMENTAL HEALTH; SAFE COMMUNITY The City operates a water, wastewater, and stormwater utility in a financially sound, reliable, safe, and environmentally acceptable manner. The availability of water supplies is critical to this mission and is managed by both the Water Demand and Supply Policy, and the Water Efficiency Plan. Therefore, the City: 1. Supports expanding the authority delegated to the state to administer federally mandated water, stormwater and wastewater environmental regulatory programs. 2. Supports reasonable water quality regulations that are cost effective and can show identifiable benefits. 3. Supports municipal flexibility to manage in-stream flows to preserve or improve the natural environment of the stream while protecting the integrity of Colorado’s appropriation doctrine and City water supply. 4. Opposes unfunded mandates. 5. Opposes barriers to financing for water conservation projects. 6. Supports funding for the recovery and treatment of the Cache la Poudre and other waterways impacted by natural disasters. 7. Supports enhanced municipal authority to protect and increase the flexibility and resiliency of its water supply under Colorado’s appropriation doctrine without adversely affecting in-stream flows or the natural environment of the stream. 8. Supports streamlining federal and state permitting requirements for water development projects that increase coordination between permitting agencies, reduces administrative and financial burdens on permit applicants, and ensures robust and enforceable environmental protections. 9. Supports the enlargement of Halligan Reservoir as a common-sense, cost- effective, and environmentally beneficial approach to meet Fort Collins’ future water supply needs. Legislative Review Committee Name District/Title Email Phone Councilmember Ken Summers, Chair District 3 ksummers@fcgov.com 970-221-6878 Councilmember Ray Martinez District 2 raymartinez@fcgov.com 970-690-3686 Councilmember Ross Cunniff District 5 rcunniff@fcgov.com 970-221-6679 Darin Atteberry City Manager datteberry@fcgov.com 970-221-6505 Jeff Mihelich Deputy City Manager jmihelich@fcgov.com 970-416-2899 Carrie Daggett City Attorney cdaggett@fcgov.com 970-416-2463 Ginny Sawyer Tyler Marr Legislative Staff gsawyer@fcgov.com tmarr@fcgov.com 970-224-6094 970-416-4205 13 Legislative Staff Liaison Members Topic Area Name Title Email Phone Affordable Housing and Social Sustainability Beth Sowder Social Sustainability Director bsowder@fcgov.com 970-221-6752 Air Quality Cassie Archuleta Environmental Program Manager carchuleta@fcgov.com 970-416-2648 Broadband Colman Keane Broadband Director ckeane@fcgov.com 610-224-6001 Cable Television Franchise Carson Hamlin Cable Television Manager chamlin@fcgov.com 970-221-6510 Climate Lindsay Ex Environmental Program Manager lex@fcgov.com (970)224-6143 Environmental Protection Lucinda Smith Environmental Services Director lsmith@fcgov.com 970-224-6085 Elections, Liquor and Marijuana Licensing Delynn Coldiron City Clerk dcoldiron@fcgov.com 970-416-2995 Cultural Services, Parks and Recreation Mike Calhoon Director of Parks mcalhoon@fcgov.com 970-416-2079 Energy Tim McCollough, John Phelan Light and Power, Deputy Utilities Director Energy Services, Senior Manager tmccollough@fcgov.com jphelan@fcgov.com 970-416-2622 970-416-2539 Finance Mike Beckstead Chief Financial Officer mbeckstead@fcgov.com 970-221-6795 Economic Health Josh Birks Economic Health Director jbirks@fcgov.com 970-221-6324 Fire Protection and HAZMAT Mgmt Bob Poncelow Division Chief, Poudre Fire Authority bponcelow@poudre-fire.org 970-416-2871 Human Resources Janet Miller Assistant Human Resources Director jamiller@fcgov.com 970-221-6826 Natural Areas, Open Lands and Cache la Poudre River Issues John Stokes Natural Areas Director jstokes@fcgov.com 970-221-6263 Building Services Russ Hovland Chief Building Official rhovland@fcgov.com 970-416-2341 Planning and Land Use Tom Leeson Community Development and Neighborhood Services Director tleeson@fcgov.com 970-221-6287 Public Safety Greg Yeager Deputy Chief of Police gyeager@fcgov.com 970-416-2185 Recycling and Solid Waste Susie Gordon Environmental Program Manager sgordon@fcgov.com 970-221-6265 Risk Management Kendra Radford Safety, Security, and Risk Management Director kradford@fcgov.com 970-221-6774 Stormwater Theresa Connor Water Engineering Field Operations, Deputy Utilities Director tconnor@fcgov.com 970-221-6671 Transportation Dean Klingner Planning, Development and Transportation Deputy Director dklingner@fcgov.com 970-221-6511 Utilities Customer Connections Lisa Rosintoski Customer Connections, Deputy Utilities Director lrosintoski@fcgov.com 970-416-2432 Water Supply and Quality Carol Webb Water Resource and Treatment Operations, Deputy Utilities Director cwebb@fcgov.com 970-221-6231 Auxiliary aids and services are available for persons with disabilities. V/TDD: 711 19-20768 Draft Analysis – 2019-2020 CC4CA Policy Statement Compared to the City’s Legislative Policy Agenda 1 Draft Analysis of the Alignment between the DRAFT 2019-2020 Colorado Communities for Climate Action (CC4CA) Policy Priorities and the City’s Legislative Policy Agenda (LPA) Document Purpose and Recommendation: The purpose of this document is to analyze the 2019-2020 CC4CA Policy Priorities against the City’s Legislative Policy Agenda (LPA) to assess where the policies align. CC4CA is a coalition of 27 local governments and these governments collaboratively create and unanimously adopt the policy agenda each year. In 2019, the 27 communities have developed five overarching policy principles and 28 policy priorities for the 2020 Legislative Session Staff’s analysis finds that 25 of the 28 policies highlighted in green align with the City’s LPA. While staff recommends LRC support the CC4CA Policy Agenda, there are three policies (Policy 4, 7, and 10) highlighted in yellow on pages 2 and 3 that staff recommends watching with scrutiny during the 2019 Legislative Session. Analysis and Overview of Changes from 2018-2019 CC4CA Policy Priorities: Proposed CC4CA Policy Priorities Explanation of Change (if any) Alignment with 2019 LPA CC4CA Policy Section: General Policy Principles Supports collaboration between state and federal government agencies and Colorado’s local governments to advance local climate protection. unchanged No change from 2018-2019 In Alignment (Page 7) Climate 1. Supports greenhouse gas (GHG) emission reduction targets, planning, and implementation at all levels of government. Supports state and federal programs to reduce carbon pollution, including adequate and ongoing funding of those programs. unchanged No change from 2018-2019 In Alignment Examples include: (Page 8): Energy 5. Supports state and federal funding for resilience efforts to mitigate potential energy and climate related disruptions. (Page 11): Waste Reduction and Recycling 4. Supports incentives and funding for programs that promote waste reduction, reuse and recycling, and development of related infrastructure. Supports analyses, financial incentives, and enabling policies for the development and deployment of clean energy technologies. unchanged No change from 2018-2019 In Alignment (Page 8) 6. Supports federal and state incentives for renewable energy production, including wind power, and provide for “State Implementation Plan” credits for renewable energy (excluding residential wood burning and corn-based ethanol) and energy efficiency. Supports locally driven and locally designed programs to supported communities impacted by the clean energy transformation. Minor grammatical changes. In Alignment Examples include: (Page 7): Energy 3. Supports opportunities for energy efficiency, production, and operation in local economies. (Page 8): Energy 5. Supports state and federal funding for resilience efforts to mitigate potential energy and climate related disruptions. Draft Analysis – 2019-2020 CC4CA Policy Statement Compared to the City’s Legislative Policy Agenda 2 Proposed CC4CA Policy Priorities Explanation of Change (if any) Alignment with 2019 LPA Supports prioritizing policies that put people at the center of decision-making, do not exacerbate or create disparities in growing the green economy, and enhance equitable outcomes for all. New in 2019 New in 2019, recognizes that equitable solutions are needed to transition the energy econom y. In Alignment (Page 7): Energy 1. Supports efforts that promote energy affordability, safety, and reductions in fossil-fuel generated consumption for residents, businesses and institutions. Section: Statewide Climate Strategies 1. Reducing statewide carbon emissions consistent with or greater than the State of Colorado’s 2019 codified goals. New in 2019 In 2019, the State of Colorado legislatively adopted statewide emission reduction goals (26% by 2025, 50% by 2030, 90% by 2050). This strategy supports policies that are consistent with those goals. Past policies sought to adopt these goals; now, the policy focuses on implementation. In Alignment (Page 7) Climate 1. Supports greenhouse gas (GHG) emission reduction targets, planning, and implementation at all levels of government. 2. Securing accurate, frequent greenhouse gas inventories and forecasts for Colorado. New in 2019 Past policies focused on updating inventory protocols, which was passed in 2019. This policy now focuses on implementation of adopted legislation. In Alignment (Page 7) Climate 1. Supports greenhouse gas (GHG) emission reduction targets, planning, and implementation at all levels of government. 3. Adopting Supports a comprehensive market-based policy to reduce Colorado’s greenhouse gas heat- trapping emissions. Minor grammatical changes. In Alignment (Page 7) Climate 2. Supports market-based mechanisms to reduce emissions, including incentives, enabling legislation, and other mechanisms to achieve emissions reductions and increase resiliency in energy, waste reduction, transportation, and water sectors. 4. Expanding the consideration of the environmental and health costs associated with the use of fossil fuels. New in 2019 Earlier this year, the Public Utilities Commission adopted new requirements in SB19-236 to consider the social cost of carbon when making decisions related to electric utilities. CC4CA supports extending this application to other emission modeling efforts and in decision-making processes in all emission sectors. In Alignment but will require scrutiny during the Legislative Session (Page 7) Climate 2. Supports market-based mechanisms to reduce emissions, including incentives, enabling legislation, and other mechanisms to achieve emissions reductions and increase resiliency in energy, waste reduction, transportation, and water sectors. Section: Local Climate Strategies 5. Removing Supports state-level actions to remove barriers and promoting opportunities that allow counties and municipalities to maximize the deployment of local clean energy and climate options. Minor grammatical changes. In Alignment (Page 8): Energy 5. Supports state and federal funding for resilience efforts to mitigate potential energy and climate related disruptions. Draft Analysis – 2019-2020 CC4CA Policy Statement Compared to the City’s Legislative Policy Agenda 3 Proposed CC4CA Policy Priorities Explanation of Change (if any) Alignment with 2019 LPA 6. Enabling Supports state government actions to enable local governments to obtain the energy use and other data they need to effectively address climate change. Minor grammatical changes. In Alignment (Page 7) Climate 1. Supports greenhouse gas (GHG) emission reduction targets, planning, and implementation at all levels of government. 7. Supporting a public process for evaluating retail energy choice options for local jurisdictions. New in 2019 Without calling for a specific solution, this policy recognizes that many communities lack the local energy control to achieve their climate action goals. Staff believes that an inclusive public process aligns with the overall LPA, and suggests watching this closely in implementation to ensure Fort Collins’ Home Rule continues to be prioritized. In Alignment but will require scrutiny during the Legislative Session (Page 7) Climate 2. Supports market-based mechanisms to reduce emissions, including incentives, enabling legislation, and other mechanisms to achieve emissions reductions and increase resiliency in energy, waste reduction, transportation, and water sectors. 8. Supporting policies that promote energy efficient buildings. s requiring local governments with adopted building codes to include the most current or appropriate International Energy Conservation Code, or provisions substantially similar to it, in their building codes and to develop a process for updating the energy code on a regular basis. Simplifies language and broadens intention to focus on buildings overall and not just codes. In Alignment (Page 7) Energy 3. Supports opportunities for energy efficiency, production, and operation in local economies. 9. Providing for equitable strategies to enable and accelerate beneficial electrification. New in 2019 “Beneficial electrification” refers to replacing direct fossil fuel consumption (e.g., propane, natural gas, gasoline) with electricity in end uses like heating buildings, heating water, and transportation. In Alignment (Page 7) Climate 2. Supports market-based mechanisms to reduce emissions, including incentives, enabling legislation, and other mechanisms to achieve emissions reductions and increase resiliency in energy, waste reduction, transportation, and water sectors. Section: Electricity Generation 10. Accelerating Supports the accelerated retirement of existing fossil- fuel based generation facilities and their replacement with cost-effective and reliable clean energy supplies, through means that protect both utilities and consumers. Minor changes from the 2018 language. In Alignment but will require scrutiny during the legislative session Examples include: (Page 7) Energy 1. Supports efforts that promote energy affordability, safety, and reductions in fossil-fuel generated consumption for residents, businesses and institutions (Page 8) Energy 4. Opposes barriers to coordinating integrated planning for energy supply and demands. Draft Analysis – 2019-2020 CC4CA Policy Statement Compared to the City’s Legislative Policy Agenda 4 Proposed CC4CA Policy Priorities Explanation of Change (if any) Alignment with 2019 LPA 11. Supports expanded Expanding the ability of electric cooperatives to independently purchase local renewable electricity and take other steps to reduce carbon pollution. N/A to Fort Collins; changes simplify the language. N/A to Fort Collins – do not oppose due to overall alignment with the LPA (Page 7) Energy 1. Supports efforts that promote energy affordability, safety, and reductions in fossil-fuel generated consumption for residents, businesses and institutions 12. Supports grid modernization policies and funding that support Expanding distributed generation, energy storage, high levels of renewable energy generation (distributed and utility-scale) and appropriate technologies through grid modernization. Minor changes from 2018 In Alignment (Page 8) Energy 8. Supports smart grid technology adoption and grid modernization. Section: Energy Efficiency 13. Expanding demand side savings from efficiency and conservation for all energy types. New in 2019 Fort Collins, through the Energy Policy, has established efficiency savings goals and this policy seeks similar goals statewide. In Alignment (Page 7) Energy 3. Supports opportunities for energy efficiency, production, and operation in local economies. 14. Supports ongoing and sustainable funding for weatherization and renewable energy assistance to low- income households so that all Coloradans have access to comfortable and affordable homes. Minor changes from 2018 to expand focus beyond weatherization. In Alignment (Page 11) 1. Supports efforts that promote energy affordability, safety, and reductions in fossil-fuel generated consumption for residents, businesses and institutions. 15. Supports state enabling legislation to provide Providing counties and statutory cities and towns with the same authority held by home rule cities to implement local energy conservation policies and programs. Minor changes from 2018 N/A to Fort Collins – do not oppose due to overall to alignment with LPA (Page 11) 1. Supports efforts that promote energy affordability, safety, and reductions in fossil-fuel generated consumption for residents, businesses and institutions. Section: Transportation 16. Ensuring effective implementation of Colorado’s vehicle emission standards and other regulatory activities designed to reduce carbon emissions from vehicles. New in 2019 Aligns with adoption of low-emission and zero-emission standards and seeks effective implementation of these standards. Change in focus from establishing policy to implementation given recent legislation. In Alignment (Page 6) Air Quality 5. Supports strengthening standards for tailpipe emissions, aggregate vehicle emissions and/or fuel economy for all vehicles. Supports programs and policies that promote the use of electric vehicles and the development of infrastructure needed to support the use of those vehicles. Draft Analysis – 2019-2020 CC4CA Policy Statement Compared to the City’s Legislative Policy Agenda 5 Proposed CC4CA Policy Priorities Explanation of Change (if any) Alignment with 2019 LPA 17. Supports implementation of Implementing the 2018 Colorado Electric Vehicle Plan and other efforts to increase electrification of all motor vehicles. including new state government actions to accelerate the purchase and use of zero emission vehicles. Clarifying language and focus beyond just state actions. In Alignment (Page 6) Air Quality 5. Supports strengthening standards for tailpipe emissions, aggregate vehicle emissions and/or fuel economy for all vehicles. Supports programs and policies that promote the use of electric vehicles and the development of infrastructure needed to support the use of those vehicles. 18. Increasing multimodal transportation funding. New in 2019 Supports increasing the proportion of multimodal funding in transportation plans and prioritizing expanded transit and other alternatives. In Alignment (Page 12) Transportation 3. Support funding the analysis and implementation of inter- and intraregional transit linkages, including future commuter rail connectivity. (Page 12) Transportation 11. Opposes reductions in federal dollars for bicycling, transit and walking. 19. Incentivizing and selecting mobility alternatives, including movement of both people and goods, based on energy efficiency and environmental costs and benefits. This policy aims to evaluate and affect decision making to focus on the efficiency of moving people, e.g., supporting travel demand management solutions, transit, etc. In Alignment (Page 12) Transportation 3. Support funding the analysis and implementation of inter- and intraregional transit linkages, including future commuter rail connectivity. Section: Fossil Fuel Extraction Activities 20. Supports legislative, administrative, and regulatory actions to expand the Expanding monitoring of and reducing the full life cycle emissions from fossil fuel extractive industries Minor changes to simplify language. In Alignment (Page 6) Air Quality 1. Supports programs and policies that improve public health and air quality, and support rapid attainment of National Ambient Air Quality Standards, including ozone. Section: Solid Waste Reduction 21. Supports adoption and implementation of a plan by the Colorado Department of Public Health and Environment to achieve the Granting CDPHE the authority to implement a plan for meeting Colorado’s statewide waste diversion goals established by the Solid and Hazardous Waste Commission. Minor changes to simplify language. In Alignment (Page 11) Recycling and Solid Waste Reduction 1. Encourages integrated waste management planning and implementation, including but not limited to the creation of statewide recycling mandates and centralized data collection requirements 22. Reducing the use of disposable/single-use products and promoting the reuse of materials. New in 2019 Recognizes the effort in 2019 to eliminate the state’s preemption of local authority to ban the use or sale of specific types of plastic materials, etc. (Page 11) Recycling and Solid Waste Reduction 2. Supports a regulatory authority role for local government to ensure the efficient management of recyclable material and solid waste, including application of laws that prescribe the use of county-funded disposal facilities for certain types of wastes, and other local bans on landfill disposal for certain types of debris. Draft Analysis – 2019-2020 CC4CA Policy Statement Compared to the City’s Legislative Policy Agenda 6 Proposed CC4CA Policy Priorities Explanation of Change (if any) Alignment with 2019 LPA 23. Fostering infrastructure, policies, incentives, and programs for recycling and composting. New in 2019 Recognizes that a suite of strategies – from organics to plastics etc. – are needed to achieve zero waste goals. (Page 11) Recycling and Solid Waste Reduction 4. Supports incentives and funding for programs that promote waste reduction, reuse and recycling, and development of related infrastructure Section: General 24. Promoting proactive programs and efforts that improve the resilience and adaptability of Colorado communities in the face of natural disasters and other major challenges associated with climate change. New in 2019 Recognizes the role of preparedness in addressing climate change impacts. In Alignment (Page 8): Energy 5. Supports state and federal funding for resilience efforts to mitigate potential energy and climate related disruptions. 25. Optimizing the potential for carbon sequestration through regenerative agriculture, improved soil health, and forest management. New in 2019 Policy supports efforts through land use policies and incentives that recognize the importance of healthy ecosystems on addressing climate change, in addition to policies, resources and strategies to optimize the carbon sequestration potential of Colorado’s urban and natural forests. In Alignment (Page 10): Parks and Natural Areas 1. Supports maintain or enhancing funding for parks, trails, forestry, horticulture, natural areas, and recreation services and facilities. 26. Incorporating equity, accessibility, and just transition considerations into climate policies and actions. New in 2019 Recognizes climate change impacts everyone, but certain communities (e.g., people of color, low-income communities, immigrants) stand to be disproportionately impacted due to deep-rooted systems (e.g., systemic racism, housing costs). In Alignment (Page 7): Energy 1. Supports efforts that promote energy affordability, safety, and reductions in fossil-fuel generated consumption for residents, businesses and institutions. 27. Encouraging investments that achieve climate-positive solutions. New in 2019 Supports divestment from fossil-fuel related holdings. N/A Fort Collins’ investment portfolio does not include fossil-fuel related holdings. 28. Supports the Maintaining protections and authorities currently provided under environmental laws like the Clean Air Act and the Clean Water Act. Minor changes from 2018 language. In Alignment (Page 7) Climate 1. Supports greenhouse gas (GHG) emission reduction targets, planning, and implementation at all levels of government. CC4CA Policy Statement (With Explanatory Text) Effective July 1, 2019 Adopted by the CC4CA Steering Committee on June 27, 2019 for Final Member Sign-Off Colorado Communities for Climate Action is a coalition of local governments advocating for stronger state and federal climate policy. CC4CA’s policy priorities for 2019-2020 reflect unanimous agreement among the coalition members on steps that should be taken at the state and federal level, often in partnership with local governments, to enable Colorado and its communities to lead in protecting the climate. CC4CA generally focuses on legislative, regulatory, and administrative action, supporting efforts that advance the general policy principles and the detailed policy positions described below, and opposing efforts that would weaken or undermine these principles and positions. General Policy Principles The following general principles guide the specific policies that Colorado Communities for Climate Action advocates for: Supports collaboration between state and federal government agencies and Colorado’s local governments to advance local climate protection. Supports state and federal programs to reduce carbon pollution, including adequate and ongoing funding of those programs. Supports analyses, financial incentives, and enabling policies for the development and deployment of clean energy technologies. Supports locally driven and designed programs to support communities impacted by the clean energy transformation. Supports prioritizing policies that put people at the center of decision-making, do not exacerbate or create disparities in growing the green economy, and enhance equitable outcomes for all. 2 Policy Positions Colorado Communities for Climate Action supports the following policy positions: Statewide Climate Strategies 1. Reducing statewide carbon emissions consistent with or greater than the State of Colorado’s 2019 codified goals. Reducing greenhouse gas emissions is at the heart of CC4CA’s policy positions. CC4CA supports the state’s new goals for reducing emissions and regulatory actions that support or accelerate meaningful emission reductions. CC4CA supports other actions by the Colorado Public Utilities Commission, the Colorado Department of Public Health and Environment, the Air Quality Control Commission, and other state agencies and entities to ensure that Colorado achieves or exceeds established emission reduction goals and timelines. CC4CA believes it essential that the state government provide an opportunity for meaningful, sustained collaboration with local governments in developing specific climate actions tied to meeting the state’s goals. 2. Securing accurate, frequent greenhouse gas inventories and forecasts for Colorado. CC4CA recognizes the importance of credible inventories and forecasts in assessing the effectiveness and cost-efficiency of various emissions reduction strategies. Updated sector-specific emission baselines and projections are vital in making strategic decisions about maintaining progress toward and improving the state’s emissions reduction efforts. CC4CA supports the Colorado Department of Public Health and Environment’s new requirements to conduct frequent and accurate greenhouse gas emissions inventories and forecasts. CC4CA also supports opportunities for local jurisdictions to access data from the ongoing updates, and the ability to engage in designing the reporting structure that is most useful for stakeholders. 3. Adopting a comprehensive market-based approach to reduce Colorado’s greenhouse gas emissions. Climate change is resulting in part from the failure of markets to put a price on climate pollution. Because there is no cost to emit heat-trapping gasses, producers have no incentive to eliminate them. Society bears the increasing cost of this pollution as climate change progresses. To overcome this market failure, CC4CA supports a market-based approach to reducing carbon emissions statewide, including policies to ensure the benefits of legislation accrue justly and equitably to impacted communities. A market-based approach could be undertaken at national, 3 regional, or state levels, and could take different forms. One approach is a fee or tax on climate pollution. Another is a cap-and-trade program that allows trading of limited emission rights that are sold and then could be traded to achieve economically efficient emission reductions. Examples include the Regional Greenhouse Gas Initiative covering 10 northeastern U.S. states and California’s statewide cap-and-trade program. 4. Expanding the consideration of the environmental and health costs associated with the use of fossil fuels. The social cost of carbon is a measure of the economic harm from the environmental and health impacts of emitting one ton of carbon dioxide into the atmosphere, expressed as the dollar value of the total damages. CC4CA supports the Public Utilities Commission’s new requirements in SB19-236 to consider the social cost of carbon when making decisions related to electric utilities. CC4CA supports expanding the use of a social cost of carbon to other emissions modeling efforts, including to clean energy plans submitted by utilities to the Air Quality Control Commission. Additionally, CC4CA supports the use of a social cost of carbon in the decision-making processes associated with other emissions sectors such as heating and transportation. Local Climate Strategies 5. Removing barriers and promoting opportunities that allow counties and municipalities to maximize the deployment of local clean energy and climate options. The deployment of local energy generation and distributed technologies will continue to be a critical component of Colorado communities’ climate efforts. In many cases, regulatory or legislative limitations exist that will need to be removed for communities to fully explore new local program options and technologies that can effectively reduce fossil fuel use, increase energy resilience, and support community values related to climate protection. For example, the integration of local renewable energy generation, storage technologies, and microgrids all support a local jurisdiction’s ability to address the supply side of energy-related emissions. These strategies should be designed to ensure affordable, accessible, and equitable delivery of reliable clean energy for everyone. 6. Enabling local governments to obtain the energy use and other data they need to effectively address climate change. Local governments need convenient and consistent access to data that is essential for developing and administering local programs related to greenhouse gas emissions. For example, access to uniform data from electric and gas utilities is critical for implementing building energy use disclosure and benchmarking programs designed to make sure building owners, tenants, and others are fully 4 informed about energy performance. Local governments also struggle to get consistent data regarding waste collection and disposal, oil and gas operations, and other sources of heat-trapping emissions. CC4CA supports state government actions and policies that lead to uniform systems for collection and distribution of data from investor-owned and public utilities that is easily accessible to local governments, while still protective of data privacy for residents and businesses. 7. Supporting a public process for evaluating retail energy choice options for local jurisdictions. A growing number of cities and counties are establishing ambitious near-term energy goals, but there is currently no practical way to reach many of these goals because the jurisdictions have little choice or control over the energy sources used to produce their electricity. These communities, as well as businesses with energy or sustainability goals, deserve a solution that is timely and cost-effective. CC4CA does not advocate for any particular solution, but rather calls for an inclusive and transparent public process to evaluate all of the options. This process should be led by state level decision-makers and informed by a broad variety of stakeholders including local governments with energy goals, business interests, environmental and consumer advocates, utilities, independent power producers and marketers, and the general public. 8. Supporting policies that promote energy efficient buildings. More than 40 percent of the energy consumed in the United States is tied to the use of buildings. Building codes, consequently, are among the most powerful tools available for reducing carbon pollution (and, not incidentally, saving money in both residential and commercial buildings). CC4CA supports the newly-adopted state law directing local code jurisdictions to adopt one of the three most recent energy codes, and also supports jurisdictions having the option to adopt “advanced” energy codes such as those that meet Net Zero standards. However, the pace of improvements to energy performance in codes has stalled with the 2015 and 2018 versions of the International Energy Conservation Code. International Code Council processes allow local governments to vote on proposed provisions in pending codes. Building departments, fire authorities, sustainability departments, utilities and other similar groups are all eligible voting members. Through this policy position, CC4CA could encourage its members to participate in the voting process. This policy position recognizes the ability of local governments to influence energy codes “upstream” while retaining the ability of local governments to choose when to adopt codes and/or make local amendments. 5 9. Providing for equitable strategies to enable and accelerate beneficial electrification. “Beneficial electrification” refers to replacing direct fossil fuel consumption (e.g., propane, natural gas, gasoline) with electricity in end uses like heating buildings, heating water, and transportation. While the ability to decarbonize fossil fuels is limited, electricity will continue getting cleaner (including Colorado’s goal for 100% renewable electricity by 2040), meaning that electrification will generally lower GHG emissions and has the potential to lower energy costs as well. Electrification of the US transportation, commercial, and residential sectors would reduce GHG emissions by 70%. Replacing natural gas heat with electric heat pumps is one example: heat pumps are over 200% efficient at capturing heat from the air, ground or waste sources. They also cool buildings, which will be especially important as climate change causes hotter summers. Enabling policies would need to look at energy consumption holistically and across the economy. CC4CA supports policies, strategies and practices that accelerate locally-sensitive beneficial electrification targeting the most practical, high impact, and valuable fuel switching opportunities while saving money for consumers, reducing GHG emissions, improving quality of life, and making the electric grid more robust and resilient. Energy Generation 10. Accelerating retirement of existing fossil fuel generation facilities and their replacement with cost-effective and reliable clean energy supplies, through means that protect both utilities and consumers. Wind and solar energy is now cheaper than the energy generated by many aging coal plants and is increasingly cost competitive with natural gas power plants. Colorado is blessed with some of the best solar and wind resources in the country, which should allow for a quicker and a more affordable transition to clean energy. The key to unlocking emission reductions and electricity bill savings is developing a legal framework allowing utilities and their customers to equitably share the benefits and costs. CC4CA supports actions in Colorado to enable the early retirement of fossil fuel-based power plants and their replacement with clean energy sources, while protecting the economic interests of both the utilities owning the power plants and electricity customers. In Colorado, there is an opportunity to recover up to $1.5 billion in undepreciated asset value by existing coal-plant owners to facilitate the voluntary phased retirement of the coal plants. 11. Expanding the ability of electric cooperatives to independently purchase local renewable electricity and take other steps to reduce carbon pollution. Tri-State Generation and Transmission Association’s electric cooperative customers have faced the imposition of contractual limitations and steep fees when attempting 6 to expand their use of local renewable energy sources. CC4CA supports the ability of electric cooperatives to purchase non-polluting electricity without limitations like these. 12. Expanding distributed generation, energy storage, high levels of renewable energy generation (distributed and utility-scale), and appropriate technologies through grid modernization. A wide array of grid modernization policies and actions are available to both communities and utilities that can reduce energy consumption, better align availability of electricity to demand, expand renewable energy generation, and collectively reduce carbon pollution from the power generation sector (while also improving reliability and reducing cost). CC4CA supports policies and funding that result in these types of grid modernization efforts in Colorado. Energy Efficiency 13. Expanding demand side savings from efficiency and conservation for all energy types. While the 2019 legislative session produced significant greenhouse gas emissions legislation, no new action was taken to update utility-level efficiency goals. As GHG and renewable energy goals ratchet up in coming years, a continued focus on least- cost energy efficiency is important to minimize ratepayer costs and ease the transition to more renewable sources. Governor Hickenlooper’s Executive Order D 2017-015 set a new goal to achieve two percent per year energy efficiency by 2020, which is readily achievable and should be extended beyond that date. The state of Massachusetts, for example, had an electric energy efficiency target of 2.95% for 2018. Moreover, no recent state actions have included energy efficiency targets for natural gas utilities or unregulated fuels such as propane. Establishing a two percent annual energy efficiency savings target for these utilities is one potential action. Such actions could also include encouraging municipal and cooperative utilities to adopt and achieve similar efficiency targets and exploring mechanisms for establishing similar goals for non-utility energy providers (e.g., propane sales). 14. Supporting ongoing and sustainable funding for weatherization and renewable energy assistance to low-income households so that all Coloradans have access to comfortable and affordable homes. Reducing energy bills is a key component to home affordability, and low-income households are often forced to spend a disproportionately large percentage of their income on energy utility bills. Assisting families and seniors by increasing the safety and comfort of their homes while reducing their energy bills will allow all Coloradans greater choice in where they live while also improving energy efficiency. 7 Sources of existing funding for programs include the annual federal Weatherization Assistance Program allocation, supplemental funds from state severance tax dollars and utility allocated demand side management funds. CC4CA also supports expanding programs to assist these households with obtaining renewable energy, both onsite and as part of community solar gardens. Additionally, programs that assist communities in transition from coal-dominated economies should include these types of weatherization and renewable energy programs to assist those community members who need it most and to help build the local clean energy economy. 15. Providing counties and statutory cities and towns with the same authority held by home rule cities to implement local energy conservation policies and programs. Unlike their home rule municipal peers, Colorado’s counties and statutory cities and towns in many cases lack authority to adopt and implement many energy conservation policies and programs. For example, only Colorado home rule cities have statutory authorization to enact energy conservation ordinances despite how effective they are for improving the energy efficiency and performance of existing residential and commercial buildings. Enabling legislation is needed to provide Colorado’s counties and statutory cities and towns with the authority necessary to enact policies and programs that can support and promote energy conservation within their jurisdictions. Transportation 16. Ensuring effective implementation of Colorado’s vehicle emissions standards and other regulatory activities designed to reduce carbon emissions from vehicles. Transportation remains one of the largest sources of greenhouse gas emissions in Colorado, and strengthening emissions rules and expanding electric vehicle deployment are two central strategies for reducing transportation-related greenhouse gas emissions. To this end, CC4CA supports adoption of motor vehicle emission standards equal to or exceeding those already adopted by California, including requirements for zero-emission vehicles and collaborative efforts for effective implementation. 17. Implementing the 2018 Colorado Electric Vehicle Plan and other efforts to increase electrification of all motor vehicles. The 2018 Colorado Electric Vehicle Plan provides a good roadmap for accelerating the purchase and use of electric vehicles, including a goal of having nearly one million on the road by 2030. One key component of an effective EV strategy is adequate public charging stations, including an abundance of DC fast charging stations, to increase general awareness and provide assurance of the ability to 8 charge vehicles on longer trips. This is especially true in rural areas and along highway corridors. Other important elements include incentive and grant programs, increased EV availability and model types, reduced barriers to expanding EV fleets and transit, and expanding EV education and outreach. Colorado should continue taking advantage of other opportunities to expand EV deployment as well. For instance, CC4CA supports the current plan to commit all of Colorado's remaining share of the Volkswagen emissions control violations settlement to the construction of electric vehicle charging infrastructure across the state and to the purchase of zero emission transit vehicles. 18. Increasing multimodal transportation funding. Multi-modal options are expanding but access and availability are still limited in many areas. CC4CA supports increasing the proportion of multimodal funding in transportation plans across Colorado, assigning a significant amount of dedicated multi-modal funding with new funding sources and allocations, generally prioritizing expanding high-speed electric transit and bus rapid transit, employing transit-oriented design principles where appropriate, promoting transit alternatives over general purpose highway lane alternatives when feasible, and expanding accessible, bicycle, and pedestrian infrastructure. 19. Incentivizing and selecting mobility alternatives, including movement of both people and goods, based on energy efficiency and environmental costs and benefits. Evaluating transportation alternatives in terms of their transportation efficiency– that is, the efficiency and environmental costs of moving people and goods–can be a powerful tool for reducing emissions from the transportation sector. CC4CA generally supports a range of strategies for improving transportation efficiency, including: promoting a mode-shift away from single-occupancy use of vehicles to shared and high-capacity vehicle use; comparing the efficiency of transportation alternatives based on energy consumption and carbon emissions per unit of payload delivery; employing Context Sensitive Solutions or similar processes to determine the local environmental and social impacts of all major transportation projects; including the full range of costs in the life-cycle analyses of competing transportation alternatives; supporting the use of Travel Demand Management strategies for all high-capacity highway corridors; incentives/fees designed to encourage ride-sharing or other strategies aimed at lowering per rider GHG emissions generated by operators of Transportation Network Companies like Lyft and Uber; and encouraging the deployment of connected vehicle technology. 9 Fossil Fuel Extraction Activities 20. Expanding monitoring of and reducing the full life cycle emissions from fossil fuel extractive industry activities. The mining and extraction of fossil fuels can result in significant levels of direct carbon pollution. One primary culprit is methane. Methane has a shorter-lived but much more potent heat-trapping effect than carbon dioxide. Reducing methane emissions is consequently a highly effective way to buy time to implement more comprehensive actions to reduce industry-wide carbon dioxide emissions. SB19- 181 directs the Colorado Department of Public Health and Environment to consider developing more stringent regulations to control the release of methane from the production and transportation of oil and natural gas. CC4CA supports actions like these to reduce greenhouse gas emissions throughout the entire extraction and transportation processes involving raw fossil fuels. CC4CA also supports expanded monitoring of the full life cycle emissions from these activities. Solid Waste Reduction 21. Granting CDPHE the authority to implement a plan for meeting Colorado’s statewide and regional solid waste diversion goals. In August 2017, the Colorado Solid and Hazardous Waste Commission adopted new statewide and regional municipal solid waste diversion goals, including separate goals for 11 Front Range counties and for the remainder of the state for the years 2021, 2026, and 2036. CC4CA supports CDPHE having the authority it needs to meet these goals and supports increased data collection and reporting by the waste hauling industry, including statewide reporting standardization. 22. Reducing the use of disposable/single-use products and promoting the reuse of materials. Existing protocols for emissions inventories do not include emissions associated with the use of resources other than landfill-related emissions. However, C40 Cities investigated the consumption-based emissions from 79 cities, focusing on the goods and services consumed and used by residents, and found that total consumption- based emissions were approximately 60% higher than the traditional energy sector- based inventories. Construction and demolition waste, for example, is an important contributor to emissions. CC4CA supports traditional recycling and composting initiatives, legislative efforts like eliminating the state’s preemption of local authority to ban the use or sale of specific types of plastic materials or products or restrictions on containers for consumer products, and strategies to reduce the embodied emissions associated with the goods and services consumed. 10 23. Fostering infrastructure, policies, incentives, and programs for recycling and composting. Zero waste strategies such as recycling, composting, reuse, and source reduction are proven solutions that reduce emissions of both carbon dioxide and methane and can be implemented immediately. Recycling 90% of our discards by 2030 would reduce U.S. greenhouse gas emissions by the equivalent of closing more than 80 U.S. coal- fired power plants. However, Colorado has a poor waste diversion rate of 12% compared with the national average of 35%. Not all recycling and compost solutions are created equal, so individual proposals and policies should be evaluated based on their potential to reduce emissions in both the short and long term The largest climate benefit from recycling is the reduced energy and materials needed to manufacture new products. CC4CA supports a range of actions, including encouraging remanufacturing and market development for recycled products, including purchasing policies that include recycled-content standards. For organic waste, composting is often an effective strategy. Forty percent of our waste is organic material, which not only produces methane when it breaks down anaerobically (e.g., in landfills), but can be a powerful climate solution when converted aerobically into compost. Research is just starting to quantify the carbon sequestration potential of this material. CC4CA supports food waste diversion and rescue efforts as well as purchasing policies that drive market development. General 24. Promoting proactive programs and efforts that improve the resilience and adaptability of Colorado communities in the face of natural disasters and other major challenges associated with climate change. Even under the best case greenhouse gas emissions scenarios, some degree of climate change and climate disruption will continue for years to come. CC4CA encourages and supports initiatives that increase community resilience (e.g., of community infrastructure) to climate-amplified economic challenges and that help communities prepare for human-caused and natural hazards through education, research, planning, design, construction, operation and maintenance. Emergency response planning can incorporate climate change science, for instance. Similarly, local jurisdictions can utilize comprehensive risk and vulnerability assessments that consider event likelihood and consequence, encourages mitigation strategies, monitors outcomes, and addresses recovery and return to service. This type of resilience planning should be routinely included in the planning/design process for infrastructure at all government levels. 11 25. Optimizing the potential for carbon sequestration through regenerative agriculture, improved soil health, and forest management. The United Nations’ 2018 report on limiting global warming emphasizes the importance of increasing land-based carbon sequestration. Sequestering a significant portion of the anthropogenic CO2 already emitted into the atmosphere involves a range of strategies including carbon farming via regenerative agriculture, and afforestation and reforestation. Combined, these two sequestration strategies could capture and store an estimated 27 gigatons of CO2/year globally. Regenerative agriculture involves holistic land management practices that sequester carbon while improving soil health, crop yields, water resilience, and nutrient density – an immense opportunity to convert agriculture from a net source of CO2 into a carbon sink. Forest management practices emphasizing carbon storage can occur at both the landscape and urban scale. CC4CA supports policies aimed at creating new mechanisms and opportunities that support Colorado’s agricultural sector through land use policies and incentives that recognize the importance of healthy ecosystems on addressing climate change, in addition to policies, resources and strategies to optimize the carbon sequestration potential of Colorado’s urban and natural forests. 26. Incorporating equity, accessibility, and just transition considerations into climate policies and actions. Climate change impacts everyone, but certain communities (e.g., people of color, low-income communities, immigrants) stand to be disproportionately impacted due to deep-rooted systems (e.g., systemic racism, housing costs). Conversely, those who have contributed the most to climate change have much better capacity to protect themselves from its impacts. As the effects of climate change mount, so does the urgency of addressing this equity challenge. CC4CA supports approaching equity in a holistic manner, focusing on dividing the burden of responding to the threat of climate change and sharing the opportunities and benefits of climate action. CC4CA recognizes that equity challenges are presented both between and within our local jurisdictions and we support the need to identify and accelerate opportunities for enhanced synergies between climate action and development needs and priorities of communities and individuals. CC4CA supports the type of just transition efforts proscribed by SB19-236 and HB19-1314, such as the creation of a new state Just Transition Office and requiring investor-owned utilities to incorporate workforce transition plans when proposing an electric generating facility retirement. CC4CA supports the expansion of the just transition requirement to all electric utilities to ensure Colorado communities and workers are protected and can access the benefits associated with the clean energy transition. 12 27. Encouraging investments that achieve climate-positive solutions. Divesting assets of fossil fuel-related holdings is an increasingly utilized climate action strategy. CC4CA supports policies that encourage entities investing public dollars to consider partial or full divestment as part of their investment strategies. 28. Maintaining protections and authorities currently provided under environmental laws like the Clean Air Act and the Clean Water Act. Protecting Colorado’s air, water, and land is vital to its environment, economy, and people. The protections and authorities afforded by landmark federal laws such as the Clean Air Act and Clean Water Act are foundational to the fight against climate change. For example, the 2007 ruling by the U.S. Supreme Court that greenhouse gas emissions are air pollutants and thus subject to regulation under the Clean Air Act, and the subsequent 2009 U.S. Environmental Protection Agency endangerment finding that indeed, such emissions present a danger to public health, obligate our federal government to utilize the protections provided by the Clean Air Act to take action to limit emissions. Local governments rely on these protections and can be critical allies in this effort, as scores of communities across Colorado already are implementing a broad array of initiatives to advance climate protection at the local level, and often doing so in collaboration with the state and federal governments. CC4CA communities support the protections and authorities provided under the body of existing environmental law and will strongly oppose legislative, regulatory, and other efforts to roll back or diminish them.