HomeMy WebLinkAboutAgenda - Full - Legislative Review Committee - 05/16/2017 -
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
May 16, 2017
4:00 – 5:00 p.m.
Commons Conference Room, City Hall, 300 LaPorte Ave., Building A
1. Approval of minutes from May 2, 2017 Meeting (3 minutes)
Attached: May 2 Minutes, Letters that Mayor Troxell signed as referenced in past
discussions.
2. Agenda Review (3 minutes)
3. End of Session Update from Bowditch and Cassell (10 minutes)
Bill Report here (also attached in packets)
4. Create Legislative Breakfast Agenda (10 minutes)
5. Legislative Session Process Debrief (20 minutes)
Tracker
Notebooks
LRC thoughts
Staff thoughts
6. Other business (5 minutes)
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
Meeting Minutes
May 2, 2017 4:00 p.m.
Commons Conference Room
Councilmembers Present: Ken Summers, Ross Cunniff, Ray Martinez, and Bob Overbeck
Staff Present: Jeff Mihelich, Judy Schmidt Jeanne Sanford, Mark Jackson, Ginny Sawyer, Lisa
Rosintoski, Lindsay Ex, Tyler Marr, Jackson Brockway.
The meeting came to order at 4:01 pm.
Approval of Minutes
LRC approved the minutes of the April 18th meeting unanimously.
Update from Bowditch and Cassell
Jennifer Cassell and Ed Bowditch provided the legislative update. Major highlights include:
No rural broadband bill yet and unlikely to be introduced
HB 1242 killed in committee one week ago. A few transportation measures are still
outstanding. Options include a rural transportation bill (SB 267).
Construction defects bill is on the Senate calendar and is expected to pass. No other
construction defect legislation is expected to pass.
SB 287 (Nuisance Exhaust) legislation passed the house yesterday and is awaiting the
governor’s signature.
SB 40 (Open Records Act) has passed the Senate and passed House finance committee.
This bill is still to be scheduled in House Appropriations committee and status is
unknown.
The right to rest bill was killed in committee last week. No other bills on this topic are
expected to be introduced
Bill Review
LRC took the following positions on state bills:
House bills:
HB 1306 Test Lead in Public Schools
Drinking water Support
HB 1338 Municipal Court Bond Hold
Notifications
Monitor: Wait on comments
from municipal court staff (will
be forwarded to the LRC by the
end of the week).
2
HB 1348
Prohibit HOV High Occupancy
Vehicles 3 Requirements North I-
25 Express Lane.
Monitor: This bill will die in the
Transportation committee
HB 1349 Assessment Ratio for Residential
Real Property
Monitor: technical expertise
leads to this recommendation.
HB 1362 Plan for Addressing Statewide
Infrastructure Needs
Support: Requirement for regular
committee meetings.
Senate bills:
SB 303 State Highway System Funding
and Financing
Monitor: Unlikely to pass in the
house
Standing Agenda Item: CC4CA Update
Lindsay provided a brief update of CC4CA. Major highlights include:
HB1275: Increase Solid Waste diversion died in committee last week.
HB 1336: Representative Arndt has issued bill around establishing state climate action/
GHG reduction goals. Lindsay requested that LRC take a position on HB 1336. LRC
elected to take a “Monitor” position.
SB 301: Energy related statutes. Staff is analyzing this bill and its impact on the
continuation on the Colorado Energy Office. Staff will be reviewing as it changes
through the process.
Requested that LRC consider taking a position on HB 1366.
Other Business
Ed and Jennifer will notify staff if any Broadband legislation is introduced, staff will
keep LRC informed.
Ed and Jennifer will continue to notify staff about any updates to SB 40, staff will pass
along to LRC.
Mayor Troxell sent letters of support for low income utility assistance programs and solid
waste diversion. These letters will be included in the next LRC packet.
Legislative breakfast invites have been sent.
Next Meeting (5/16): After this meeting, the LRC will go to once a month meetings.
LRC will be discussing the future committee assignments at the upcoming City Council
retreat.
Meeting adjourned at 4:38 pm.
HB17-1008 Graywater Regulation Exemption For Scientific Research
Comment:
Position:Monitor
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors:J. Arndt / J. Sonnenberg
Summary: Water Resources Review Committee. The water quality control commission in the department of
public health and environment (commission) is responsible for developing requirements, prohibitions,
and standards that protect public health and water quality for the use of graywater for nondrinking
purposes. Scientific research on graywater that might involve graywater uses and systems that do not
strictly comply with the requirements, prohibitions, and standards developed by the commission would
not be permitted under the control regulations.
To facilitate scientific research related to graywater uses and systems, the bill creates an
exemption from the commission's graywater control regulations for scientific research whereby a water
utility, an institution of higher education in Colorado, or a public or private entity that a water utility or
an institution of higher education in Colorado contracts with to conduct graywater research may collect,
treat, and use graywater for purposes of scientific research if the entity:
Utilizes a graywater treatment works system that incorporates a secondary water supply to
provide an alternative source of water if any portion of the system does not function properly;
however, scientific research involving the use of graywater exclusively for irrigation purposes need
not incorporate a secondary water supply; and
Collects, treats, and uses graywater in accordance with the terms and conditions of the decrees,
contracts, and well permits applicable to the use of the source water rights or source water and any
return flows.
Only an institution of higher education or a person contracting with an institution of higher education
may collect, treat, and use graywater for research involving human exposure.
The entity conducting the research is required to report to the water resources review committee
on an annual basis the results of periodic monitoring conducted to assess the continued functioning of
the graywater treatment works system used in the project and, if the scientific research involves human
exposure, the project's compliance with federal rules concerning the protection of human research
subjects.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Status:5/8/2017 Governor Signed
Fiscal Notes Status:Fiscal impact for this bill
Analyze This
Comments:
Neutral: Tue, February 14, 2017, by ddustin@fcgov.com
(14-Feb-17) Impact to the Fort Collins Utilities Water Resources Division will be little to none, since the
bill supports exemption for scientific research.
Support: Thu, February 16, 2017, by Cwebb@fcgov.com
(16-Feb-17) While this bill doesn't have a specific impact on operations, staff generally supports
graywater reuse and any research that could improve on the technology.
Support: Tue, February 14, 2017, by ddustin@fcgov.com
(14-Feb-17) This bill aligns with the City's legislative policy objective of "Support comprehensive water
resource management", which includes encouraging increased (water) efficiency - which graywater use
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promotes.
Yes: Thu, February 16, 2017, by Cwebb@fcgov.com
(16-Feb-17) Support for water conservation and reuse.
Neutral: Tue, February 14, 2017, by ddustin@fcgov.com
(14-Feb-17) Suggest Liesel Hans, Water Conservation Manager
Yes: Thu, February 16, 2017, by Cwebb@fcgov.com
(16-Feb-17) Liesel Hans
Status History:Status History
Analyze This:Comments
HB17-1016 Exclude Value Mineral Resources Tax Increment Financing Division
Comment:
Position:Monitor
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors:L. Saine | M. Gray / B. Martinez Humenik | R. Zenzinger
Summary:The bill permits the governing body of a municipality, as applicable, to provide in an urban renewal plan
that the valuation attributable to the extraction of mineral resources located within the urban renewal
area is not subject to the division of taxes between base and incremental revenues that accompanies the
tax increment financing of urban renewal projects. In such circumstances, the taxes levied on the
valuation will be distributed to the public bodies as if the urban renewal plan was not in effect.
The bill defines the terms 'mineral resources' and 'valuation attributable to the extraction of
mineral resources.'
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Status:3/8/2017 Governor Signed
Fiscal Notes Status:Fiscal impact for this bill
Analyze This
Comments:
Neutral: Tue, January 31, 2017, by prowe@fcgov.com
(31-Jan-17) The tax increment derived from the "valuation attributable to the extraction of mineral
resources" is unlikely to be of any significance within existing or future Fort Collins Urban Renewal
Authority plan areas. Further, this bill allows the City to elect to exclude this valuation, but does not
require the City to do so.
Status History:Status History
Analyze This:Comments
HB17-1032 First Responder Peer Support Testimony Privilege
Comment:
Position:Support
Calendar
Notification:
NOT ON CALENDAR
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News:
Sponsors:J. Arndt / J. Cooke
Summary:Under current law, peer support team members for certain first responders and a first responder may not
be required to testify about communications made during the peer support process without the first
responder's consent. The bill clarifies that the communication need not be during an individual peer
support meeting.
Under current law, there is an exception to the privilege if the information provided to the peer
support team member indicates certain actual or suspected crimes. The bill adds crimes against at-risk
persons to the list of crimes.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Status:3/16/2017 Governor Signed
Fiscal Notes Status:Fiscal impact for this bill
Analyze This
Comments:
Strongly Support: Fri, January 20, 2017, by Jschiager@fcgov.com
(20-Jan-17) this is an important amendment to make the peer support process better. As it stands now,
confidentiality may not apply if a psychologist or peer support member is working with a couple or a
debrief involving multiple people. Apparently this was a last minute addition to the legislation that was
not well thought out.
Yes: Fri, January 20, 2017, by Jschiager@fcgov.com
(20-Jan-17) This change allows us to better provide support to police officers.
Yes: Fri, January 20, 2017, by Jschiager@fcgov.com
(20-Jan-17) Dr. Dan Dworkin, FCPS Psychologist, is very knowledgeable about this topic and is able to
testify if needed.
Status History:Status History
Analyze This:Comments
HB17-1035 Sex Assault And Stalking Victims May Break Leases
Comment:
Position:Support
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors:D. Jackson / J. Cooke
Summary:Under current law, if a tenant notifies his or her landlord in writing that he or she is the victim of
domestic violence or domestic abuse and provides to the landlord evidence in the form of a police report
written within the prior 60 days or a valid protection order, and the tenant seeks to vacate the premises
due to fear of imminent danger for self or children, then the tenant may terminate the rental agreement or
lease and vacate the premises with minimal remaining obligations. The bill extends this privilege to
victims of unlawful sexual behavior and stalking. The bill also provides that a statement from an
application assistant designated by the address confidentiality program or, in the case of a victim of
unlawful sexual behavior, from a medical professional, confirming the tenant's victim status is a third
means of presenting evidence to the landlord.
If a tenant to a residential rental agreement or lease agreement notifies the landlord that the
tenant is a victim of unlawful sexual behavior, stalking, domestic violence, or domestic abuse, the
landlord shall not disclose such fact to any person except with the consent of the victim or as the
landlord may be required to do so by law.
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If a tenant to a residential rental agreement or lease agreement terminates his or her lease
pursuant to this section because he or she is a victim of unlawful sexual behavior, stalking, domestic
violence, or domestic abuse, and the tenant provides the landlord with a new address, the landlord shall
not disclose such address to any person except with the consent of the victim or as the landlord may be
required to do so by law.
Under current law, a dangerous or uninhabitable condition in a rented property does not
constitute a breach of the warranty of habitability if the condition is caused by the misconduct of the
tenant, a member of the tenant's household, a guest or invitee of the tenant, or a person under the tenant's
direction or control. However, such a condition is not misconduct by a victim of domestic violence or
domestic abuse if the condition is the result of domestic violence or domestic abuse and the landlord has
been given written notice and evidence of domestic violence or domestic abuse. The bill adds language
to provide the same protection for tenants who are victims of unlawful sexual behavior or stalking.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Status:5/2/2017 Sent to the Governor
Fiscal Notes Status:No fiscal impact for this bill
Analyze This
Comments:
Neutral: Fri, January 27, 2017, by Jschiager@fcgov.com
(27-Jan-17) This makes sense to protect victims from further problems. I don't know of a situation that
this would affect locally.
Neutral: Fri, January 27, 2017, by Jschiager@fcgov.com
(27-Jan-17) Public safety, protection of victims. It makes sense but I don't think we would have strong
opinion about it.
Status History:Status History
Analyze This:Comments
HB17-1051 Procurement Code Modernization
Comment:
Position:Monitor
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors:B. Rankin | A. Garnett / D. Coram | A. Kerr
Summary:The Colorado 'Procurement Code' (code) governs how executive branch agencies, other than institutions
of higher education that have opted out of the code, buy goods and services. The code is administered by
the department of personnel (department) and exists to help keep the public trust, promote fair
competition, make efficient use of taxpayer dollars, and allow the state to effectively do the people's
business. The code has been amended many times over the years, but it has not been reviewed in total
since the general assembly enacted it in 1982.
General updates (Sections 5, 6, 10, 13, 15, 17 through 20, 22 through 24, 32, and 37). The
code is based on the 1979 American bar association model procurement code. When the state adopted
the model code, much of the structure and terminology was adopted as drafted by the American bar
association rather than conforming the structure and language to the Colorado Revised Statutes. The bill
updates the terminology used in the code to make it consistent with common use, simplifies reporting
requirements, and reorganizes provisions of the code for ease of use. In addition, the bill clarifies the
authority of the executive director of the department to promulgate rules for the administration of the
code.
Promulgation of rules (Sections 9, 29, 33, 35, and 59). The executive director of the
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department is currently required to promulgate rules in furtherance of the code. The bill makes
promulgation of rules by the executive director of the department (executive director) permissive
throughout the code and authorizes the director to delegate his or her authority to promulgate rules.
Ethics (Sections 2 and 4). State procurement professionals follow the 'Procurement Code of
Ethics and Guidelines' (guidelines), which were established by the Colorado procurement advisory
council. The guidelines are often interpreted to apply only to procurement staff and not to other people
involved in the procurement process. The bill clarifies that state procurement officials, end users,
vendors and contractors, and interested third parties are required to adhere to ethical standards during all
phases of the procurement process.
Procurement training (Section 4). The bill authorizes the chief procurement officer to develop
and conduct a procurement education and training program for state employees and for vendors.
Application of the code (Section 3). Certain purchasing activities are currently exempt from the
code, such as bridge and highway construction, the awarding of grants to political subdivisions, and
procurement by institutions of higher education that have formally opted out of the code. The bill
exempts the procurement of specified additional goods and services from the code.
Grants (Sections 3 and 6). Currently, the application, processing, and management of grants is
inconsistent across state agencies. The bill amends the definition of 'grant' to provide consistency and to
comply with federal requirements including the office of management and budget uniform guidance.
Multiyear contracts (Section 38). Currently, the state may enter into a contract for any period
as long as the contract term is included in the solicitation. If a contract term ultimately needs to exceed
the period specified in the solicitation, the contract cannot be extended and a new contract is required.
The bill authorizes the state to extend an existing contract, with approval of the chief procurement
officer, for a reasonable period if extenuating circumstances exist.
Contract management system (Section 38). The centralized contract management system and
related requirements for contract provisions, monitoring, and reporting were established for the purpose
of improving the state's contracting process. The bill repeals provisions related to contract monitoring
and reporting and allows for remedies, including suspension or debarment, for contractors who do not
perform.
Contract terms and conditions (Section 39). The process to negotiate vendor terms and
conditions sometimes requires the state to agree to a requirement that the state indemnify the vendor and
that the contract be governed by the vendor's choice of law rather than Colorado law. However,
indemnification is in violation of the state constitution. The bill prohibits indemnification of vendors by
the state and requires that state contracts be governed by Colorado law.
Market research (Section 15). A request for information (RFI) is a commonly used method for
obtaining information about pending procurements and doing market research. Currently, RFIs are
referenced in the procurement rules but not in the code. The bill establishes an RFI process in the code as
a market assessment and information gathering tool and clarifies the appropriate methods to conduct
market research.
Administrative remedies (Section 40 through 51). The bill clarifies the administrative
remedies provisions in the code and provides guidance regarding the remedies process. Specifically, the
bill clarifies who may ratify a violation of the code, specifies when a stay will apply, authorizes the
executive director to refer an appeal to the office of administrative courts, and states that only material
issues may be appealed.
Confidentiality and CORA (Sections 7 and 21). Pursuant to current law, procurement records
are public records, with some exceptions under the 'Colorado Open Records Act'. Procurement records,
including bids and responses to RFIs, often contain information that is proprietary or confidential by the
submitting entity. The bill clarifies that all responses to RFIs are confidential until after an award based
on the RFI has been made or until the procurement official determines that the state will not pursue a
solicitation based on the RFI. The bill also authorizes the executive director of the department to
promulgate rules to clarify the process for classifying confidential or proprietary information.
Procurement set asides, preferences, and goals (Sections 25 through 28). Current law allows
a set aside in state procurement for persons with severe disabilities. The bill streamlines the process by
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which state agencies and nonprofit agencies that employ people with severe disabilities may use the set
aside program and authorizes the executive director to promulgate rules for the administration of the
program.
In addition, current law contains many procurement preferences and goals; however, these
preferences and goals are located in various provisions of the code and in other provisions of the
Colorado Revised Statutes. The various locations of these provisions, as well as inconsistent terminology
in the preference and goal provisions, make it difficult for vendors and procurement officials to know
how each preference and goal should be applied. The bill relocates currently existing procurement
preferences and goals into a new part and makes the language of those provisions consistent where
possible.
Cooperative purchasing (Section 52). Cooperative purchasing is procurement conducted by,
with, or on behalf of more than one public procurement entity. It increases the opportunity for the state
and local governments to obtain volume discounts through joint purchasing and it lowers the transaction
costs of both purchasing agencies and vendors. The bill provides state agencies with more flexibility to
use cooperative purchasing to increase efficiencies and maximize state resources.
Conforming amendments (Sections 1, 8, 11, 13, 20, 30, 31, 34, 36, 53 through 58, and 60
through 75). The bill makes necessary conforming amendments.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Status:4/4/2017 Governor Signed
Fiscal Notes Status:Fiscal impact for this bill
Analyze This
Comments:
N/A: Wed, February 22, 2017, by gspaul@fcgov.com
(22-Feb-17) The City Attorney's Office has confirmed the Procurement Code expressly applies only to
"governmental bodies of the executive branch of the state." The proposed amendments to HB 17-1051
do not change this applicability provision. Therefore, the State's Procurement Code is not applicable to
the City. From time-to-time the City does utilize cooperative purchases executed by the State of
Colorado. However, I do not anticipate the changes to the Procurement Code to impact the City
leveraging certain cooperative purchases.
Status History:Status History
Analyze This:Comments
HB17-1065 Clarify Requirements Formation Metropolitan District
Comment:
Position:Monitor
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors:K. Lewis / V. Marble
Summary:Under existing law, no land area that is 40 acres or more used primarily and zoned for agricultural uses
may be included in any park and recreation district without the written consent of the land owners.
Sections 1 and 2 of the bill make any metropolitan district providing parks or recreational facilities and
programs subject to this limitation.
Sections 3 and 4 clarify that only those signatures obtained after the approval by a county or
municipality of the service plan of a proposed special district may be considered by the district court in
determining whether the required number of taxpaying electors of such district have signed the petition
for organization.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Status:3/23/2017 Governor Signed
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Fiscal Notes Status:Fiscal impact for this bill
Analyze This
Comments:
Status History:Status History
Analyze This:
HB17-1076 Artificial Recharge Nontributary Aquifer Rules
Comment:
Position:Support
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors:J. Arndt / S. Fenberg | D. Coram
Summary:Currently, the state engineer must promulgate rules for the permitting and use of waters artificially
recharged into 4 named aquifers. The bill adds the requirement that the state engineer also promulgate
rules for the permitting and use of waters artificially recharged into nontributary groundwater aquifers.
The rules must be promulgated on or before July 1, 2018.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Status:3/30/2017 Governor Signed
Fiscal Notes Status:Fiscal impact for this bill
Analyze This
Comments:
Strongly Support: Mon, January 30, 2017, by ddustin@fcgov.com
(30-Jan-17) The Fort Collins Utilities Water Resources Division supports this bill because it will develop
rules that would facilitate and streamline some of the legal hurdles for potential future aquifer storage
and recovery (ASR) projects. Since Utilities is currently investigating ASR as a potential future storage
option, this bill could develop rules that would potentially diminish legal uncertainty associated with
ASR.
Strongly Support: Mon, January 30, 2017, by ddustin@fcgov.com
(30-Jan-17) This bill aligns with the City's legislative policy objective of "Support comprehensive water
resource management", which includes ensuring adequate supply, expanding storage and supports efforts
to address local and regional water needs.
Strongly Support: Mon, January 30, 2017, by ddustin@fcgov.com
(30-Jan-17) Donnie Dustin, Water Resources Manager ALSO - Eric Potyondy, Assistant City Attorney -
given legal nature of bill
Status History:Status History
Analyze This:Comments
HB17-1083 Municipal Judge Advisement For Traffic Offenses
Comment:
Position:Support
Calendar
Notification:
NOT ON CALENDAR
News:
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Sponsors:L. Liston / B. Gardner
Summary:House Bill 16-1309 requires a judge to inform a defendant of certain rights at the defendant's first
appearance in prosecutions in municipal courts. The bill excludes cases involving traffic infractions or
violations for which the penalty is only a fine and for which jail is not a possibility.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Status:4/13/2017 Governor Signed
Fiscal Notes Status:No fiscal impact for this bill
Analyze This
Comments:
Support: Sun, January 22, 2017, by klane@fcgov.com
(22-Jan-17) This bill would soften the impact of HB 16-1309 by limiting the types of cases to which
C.R.S. Section 16-7-207 applies. It supports our current, more efficient arraignment process relating to
minor traffic violations.
N/A: Mon, January 30, 2017, by jsanford@fcgov.com
(30-Jan-17) No legal objections to this bill
Amend: Wed, February 01, 2017, by klane@fcgov.com
(01-Feb-17) Revision to my earlier "reply": It would be best if the bill exempted ALL infractions, not
just some traffic infractions, from the full advisement process. Many municipalities have decriminalized
some minor offenses, such as Animal at Large, which are considered to be civil infractions, punishable
only by fines and costs, not jail. Fort Collins has adopted "Rules for Civil Infractions" which are similar
to the "Rules for Traffic Infractions" and provide a simplified process for those cases. It is more efficient
for the Defendants and the Court to follow that process. This amendment would support that simplified
process.
N/A: Mon, January 30, 2017, by jsanford@fcgov.com
(30-Jan-17) No legal objections to this bill
Status History:Status History
Analyze This:Comments
HB17-1116 Continue Low-income Household Energy Assistance
Comment:
Position:Monitor
Calendar
Notification:
Wednesday, May 10 2017
THIRD READING OF BILLS - FINAL PASSAGE
(2) in senate calendar.
News:
Sponsors:T. Exum | M. Hamner / B. Martinez Humenik
Summary:Current law provides that the department of human services low-income energy assistance fund, the
energy outreach Colorado low-income energy assistance fund, and the Colorado energy office
low-income energy assistance fund receive conditional funding from the severance tax operational fund
through the state fiscal year commencing July 1, 2018. The bill extends the conditional funding through
the state fiscal year commencing July 1, 2023.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Status:5/9/2017 Senate Second Reading Passed - No Amendments
Fiscal Notes Status:No fiscal impact for this bill
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Analyze This
Comments:
Support: Mon, February 06, 2017, by Lrosintoski@fcgov.com
(06-Feb-17) To maintain the viability of the Utilities Affordability Portfolio sustainable funding is
critical to manage those outcomes. The bill removes the automatic repeal which means that these funds
will be eligible for this conditional funding indefinitely.
Support: Mon, February 06, 2017, by Lrosintoski@fcgov.com
(06-Feb-17) The City of Fort Collins has embraced aggressive climate action goals that are based on the
triple bottom line of integrating social, environmental and economic. Because of this the City has
multiple City Council approved policies and plans that specifically recognize the importance of
supporting low income customers with resources and funding to achieve their energy efficiency and
conservation success. Key documents include the Climate Action Plan, City Strategic Plan and the
Energy Policy.
N/A: Mon, February 06, 2017, by Lrosintoski@fcgov.com
(06-Feb-17) Lisa Rosintoski
Status History:Status History
Analyze This:Comments
HB17-1123 Extend On-premises Retail Alcohol Beverages Sales Hours
Comment:
Position:Monitor
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors:S. Lebsock | D. Thurlow / V. Marble
Summary:Current law prohibits a person licensed to sell alcohol beverages for on-premises consumption from
serving alcohol beverages between the hours of 2 a.m. and 7 a.m.
The bill allows a local government to extend the hours during which alcohol beverages may be
sold for on-premises consumption at establishments within the local government's jurisdiction.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Status:4/24/2017 Senate Second Reading Laid Over to 05/11/2017 - No Amendments
Fiscal Notes Status:No fiscal impact for this bill
Analyze This
Comments:
Monitor: Wed, February 08, 2017, by Jschiager@fcgov.com
(08-Feb-17) Police Services has concerns with extended bar hours, however, the bill provides local
control on whether to allow extended hours. Concerns include: Requiring resources later into the night;
increased over-service (whether in our community or n'boring communities); difficulty in citizen
education if there are different bar hours in different communities; and the possibility of people traveling
late night to find bars that are still open. The Clerk's office notes that if the hours were changed for on
premise liquor consumption, and an application process is required, there would be administrative
changes we would need to employ.
N/A: Wed, February 08, 2017, by Jschiager@fcgov.com
(08-Feb-17) Wanda and Jeremy
Status History:Status History
Analyze This:Comments
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HB17-1151 Electrical Assisted Bicycles Regulation Operation
Comment:
Position:Monitor
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors:C. Hansen | Y. Willett / O. Hill | A. Kerr
Summary: Section 1 of the bill defines 3 classes of electrical assisted bicycle, depending on their top speed and
whether the electric motor assists in propulsion only while the rider is pedaling or propels the bicycle
independently.
Sections 2 and 3 make technical and conforming amendments.
Section 4 requires manufacturers to label electrical assisted bicycles as class 1, class 2, or class
3, as appropriate, and prohibits a person from modifying an electrical assisted bicycle without also
relabeling it to accurately reflect its classification. Section 4 also requires all electrical assisted bicycles
to comply with federal consumer product safety commission (CPSC) requirements and specified classes
of electrical assisted bicycles to be equipped with appropriate braking systems and speedometers.
Section 5 :
Gives local governments the authority to allow or prohibit the use of specified classes of
electrical assisted bicycles on pedestrian paths and bike paths;
Prohibits a person under the age of 16 from riding a class 3 electrical assisted bicycle except as a
passenger;
For class 3 electrical assisted bicycles, requires all riders under 18 to wear a helmet certified by
the CPSC or the American Society for Testing Materials; and
Specifies that noncompliance with the helmet law does not constitute negligence or negligence
per se in a lawsuit seeking damages.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second
house.)
Status:4/4/2017 Governor Signed
Fiscal Notes Status:Fiscal impact for this bill
Analyze This
Comments:
Monitor/Support: Thu, March 02, 2017, by Ginny Sawyer (gsawyer@fcgov.com)
(02-Mar-17) In general, the bill seems to make it easier for people to use e-bikes in Colorado, yet it still
provides local jurisdictions with the ability to prohibit the use of e-bikes if they choose to. It creates
additional classes for e-bikes, which may be helpful for Fort Collins in the future if we decide to revisit
our e-bike policy.
N/A: Thu, March 02, 2017, by Ginny Sawyer (gsawyer@fcgov.com)
(02-Mar-17) E-bikes are becoming more popular in Fort Collins (and we have local e-bike businesses).
Supporting the use of e-bikes (from FC Bikes’ perspective) is important as we seek to increase cycling
for people of all ages and abilities.
Status History:Status History
Analyze This:Comments
HB17-1162 Outstanding Judgments And Driver's Licenses
Comment:
Position:Oppose
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Calendar
Notification:
Wednesday, May 10 2017
THIRD READING OF BILLS - FINAL PASSAGE
(18) in senate calendar.
News:
Sponsors:M. Gray / B. Gardner
Summary:Under current law, driving under restraint is a misdemeanor punishable by up to 6 months in jail and up
to a $500 fine. The bill decreases the penalty to a class A traffic infraction if the basis of the restraint is
an outstanding judgment.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Status:5/9/2017 Senate Second Reading Special Order - Passed - No Amendments
Fiscal Notes Status:No fiscal impact for this bill
Analyze This
Comments:
Strongly Oppose: Mon, February 13, 2017, by klane@fcgov.com
(13-Feb-17) Pursuant to state and local rules relating to traffic infractions, when a defendant ignores a
citation relating to such a violation, a default judgment is entered. Since a warrant cannot be issued in
those cases, the Courts’ best method of enforcing the judgment is by adding a $30 default or outstanding
judgment/warrant fee and sending the information to the DMV for action against the defendant’s driver’s
license. This has been an effective tool which we seek to preserve. Without that tool, the only option left
to the Courts – other than trying to obtain a portion of the defendant’s income tax refund, if any, under
this Bill - would be to submit the case to a collection agency for action. Those remaining options are
inadequate and will likely lead to an increase in the number of cases which are not addressed by
defendants in a timely manner.
Status History:Status History
Analyze This:Comments
HB17-1177 Mediation For Disputes Arising Under CORA Colorado Open Records Act
Comment:
Position:Oppose
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors:C. Wist | A. Garnett / J. Cooke
Summary:Under current law, any person denied the right to inspect any record covered by the 'Colorado Open
Records Act' (CORA) may apply to the district court of the district wherein the record is found for an
order directing the custodian of such record to show cause why the custodian should not permit the
inspection of such record; except that, at least 3 business days prior to filing an application with the
district court, the person who has been denied the right to inspect the record is required to file a written
notice with the custodian who has denied the right to inspect the record informing the custodian that the
person intends to file an application with the district court. The bill changes this deadline from 3 days to
14 days.
During the 14-day period before the person may file an application with the district court, the bill
requires the custodian who has denied the right to inspect the record to either meet in person or
communicate on the telephone with the person who has been denied access to the record to determine if
the dispute may be resolved without filing an application with the district court. The meeting may
include recourse to any method of dispute resolution that is agreeable to both parties. The bill requires
any common expense necessary to resolve the dispute to be apportioned equally between or among the
parties unless the parties have agreed to a different method of allocating the costs between or among
them. If the person who has been denied access to inspect a record states in the required written notice to
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the custodian that the person needs to pursue access to the record on an expedited basis, the bill requires
the person to provide such written notice, including a factual basis of the expedited need for the record,
to the custodian at least 3 business days prior to the date on which the person files the application with
the district court. In such circumstances, no meeting to determine if the dispute may be resolved without
filing an application with the district court is required.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Status:5/4/2017 Governor Signed
Fiscal Notes Status:No fiscal impact for this bill
Analyze This
Comments:
Status History:Status History
Analyze This:
HB17-1190 Limited Applicability Of St. Jude's Co. Water Case
Comment:
Position:Support
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors:K. Becker / J. Sonnenberg
Summary:In the case of St. Jude's Co. v. Roaring Fork Club, LLC, 351 P.3d 442 (Colo. 2015) ( St. Jude's Co. ), the
Colorado supreme court held that direct diversions of water from a river to a private ditch for aesthetic,
recreational, and piscatorial purposes on private property, without impoundment, are not beneficial uses
of water under Colorado water law.
The bill provides that the decision in the St. Jude's Co. case interpreting section 37-92-103 (4)
does not apply to previously decreed absolute and conditional water rights or claims pending as of July
15, 2015. The interpretation of section 37-92-103 (4) in St. Jude's Co. applies only to direct-flow
appropriations, without storage, filed after July 15, 2015, for water diverted from a surface stream or
tributary groundwater by a private entity for private aesthetic, recreational, and piscatorial purposes.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Status:4/27/2017 House Considered Senate Amendments - Result was to Concur - Repass
Fiscal Notes Status:No fiscal impact for this bill
Analyze This
Comments:
Strongly Support: Thu, March 09, 2017, by ddustin@fcgov.com
(09-Mar-17) The Fort Collins Utilities Water Resources Division supports this bill because it maintains
flexibility in using the City's various water rights, many of which already have decreed uses this bill
supports (which might be in question without this bill). Without this bill, Utilities may struggle meeting
potential mitigation requirements for the proposed Halligan Water Supply Project. The City has policies
around improving the health of the Poudre River, which would be more difficult without this bill.
Strongly Support: Thu, March 09, 2017, by ddustin@fcgov.com
(09-Mar-17) This bill aligns with the City's legislative policy objective of "Support comprehensive water
resource management", which includes expanding storage and preserving its water rights portfolio.
Strongly Support: Thu, March 09, 2017, by ddustin@fcgov.com
(09-Mar-17) Donnie Dustin, Water Resources Manager ALSO - Eric Potyondy, Assistant City Attorney
(given legal nature of bill)
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Status History:Status History
Analyze This:Comments
HB17-1193 Small Cell Facilities Permitting And Installation
Comment:
Position:Oppose
Calendar
Notification:
NOT ON CALENDAR
News:Lawmakers pry open the market a bit more for cell-phone service, broadband
Sponsors:T. Kraft-Tharp | J. Becker / A. Kerr | J. Tate
Summary: Sections 1 through 4 of the bill clarify that the expedited permitting process established for broadband
facilities applies to small cell facilities and small cell networks. Section 1 adds language concerning
small cell facilities and small cell networks to a legislative declaration. Section 2 adds statutory
definitions of 'antenna', 'micro wireless facility', and 'tower' and amends the definitions of 'small cell
facility' and 'wireless service facility'. Section 3 requires a local government to process an application for
a small cell facility or a small cell network within 90 days after receiving the completed application.
Section 4 declares the siting and operation of small cell facilities and small cell networks are a permitted
use in any zone and clarifies the approval process for a consolidated application for multiple small cell
facilities or small cell networks.
Sections 6 and 7 clarify that the rights-of-way access afforded to telecommunications providers
for the construction, maintenance, and operation of telecommunications and broadband facilities extends
to broadband providers as well as small cell facilities and small cell networks and, in conjunction,
section 5 defines 'collocation', 'small cell facility', and 'small cell network'.
Section 8 states that if a telecommunications provider or broadband provider complies with
applicable law, it has the right to locate or collocate small cell facilities and small cell networks on a
local government entity's light poles, light standards, traffic signals, or utility poles in the rights-of-way
owned by the local government entity, but prohibits small cell facilities and small cell networks from
being placed on structures with tolling collection or enforcement equipment attached.
Section 8 also states that, other than a traffic permit for work that affects traffic patterns or causes
lane closures, a local government entity shall not require an application, permit, or payment for the
placement, maintenance, or replacement of micro wireless facilities suspended on cables that are strung
between existing utility poles in compliance with national safety codes.
Section 9 adds small cell facilities and small cell networks to the types of facilities for which a
telecommunications provider or broadband provider may contract with a private property owner to
obtain a right-of-way for the construction, maintenance, and operation of the facility.
Section 10 concerns the consent a telecommunications provider or broadband provider must
obtain from a political subdivision to erect communications or broadband facilities along, through, in,
upon, under, or over a public highway, and adds small cell facilities and small cell networks to the
facilities for which the consent is required. Section 10 further provides that a political subdivision shall
not create a preference or disadvantage to any telecommunications provider or broadband provider in
granting or withholding its consent, and that a decision by a political subdivision denying or limiting the
placement of communications or broadband facilities based on the protection of public health, safety,
and welfare does not create a preference for or disadvantage a telecommunications provider or
broadband provider if the decision does not have the effect of prohibiting the provider from providing
service within the service area.
Section 11 makes a conforming amendment.
Section 12 specifies the amount and type of payment a local government or municipally owned
utility may receive from a telecommunications provider, broadband provider, or cable television provider
in exchange for granting permission to attach small cell facilities, broadband devices, or
telecommunications devices to poles or structures that are in a right-of-way and are owned by the local
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government or municipally owned utility.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Status:4/18/2017 Governor Signed
Fiscal Notes Status:No fiscal impact for this bill
Analyze This
Comments:
Monitor: Tue, March 07, 2017, by lrosintoski@fcgov.com
(07-Mar-17) Yes both City and Utilities operations are impacted. Key items are: Sections 1 through 4: •
Cell facilities deployed primarily in public right of ways • Access to local government strucures is
essential to service wireless or boradband • 90 day approval process for local government to modify
existing structure with potential for co-location; i.e. two pole structures next to each other. Mutual
agreement if longer. • 150 day approval process for local government for a new structure. Mutual
agreement if longer. • Multiple cell networks within single local jurisdiction allow consolidated
application for a single permit Section 6: • minimizes regulations a local political subdivision regulates
based on content or type of signals carried or capable of being carried over providers facilities. Section
8: • Allows pole attachments of most kinds • Allow time to cure non-compliance issues Section 10: • Use
of streets must receive consent – however if public hight has been approved need not apply for addition
consent • Use of public highway shall not be unreasonable withheld Section 12: • Neither local
government or utility shall require any payment in excess of the amount that would be authorized
pursuant to 47 U.S.C. sec. 224, as amended, OR TWO HUNDRED DOLLARS PER POLE OR
STRUCTURE, WHICHEVER AMOUNT IS LESS. • No in-kind payments
Oppose: Mon, March 20, 2017, by tleeson@fcgov.com
(20-Mar-17) One of our biggest concerns is the request for basically free reign of being able to install
broadband facility/infrastructure within public right-of-way without some form of discussion with the
local government entity (“City”), encroachment permitting process, and associated inspection fees.
Additional concern comes from installation on our existing facilities that may impact load requirements,
available space, and equipment communications interference. It appears Section 10 (38-5.5-106)
discusses consent necessary for use of streets, and may have opportunities for arguments sake pertaining
to both items.
Monitor: Tue, March 07, 2017, by lrosintoski@fcgov.com
(07-Mar-17) Currently both the legislative policy and the City Strategic Plan identify the support of
telecommunication services, based on the voter approved exemption from SB-152 that will allow the
City to consider numerous options for being involved in broadband services. Legislation 1193 was
introduced by the telecommunications companies. Introduced version was negotiated with Colorado
Municipal League, who took a neutral position. Since existing Colorado statutes on pole attachments
leave a small degree of boundaries for public power initial position was to monitor. Will know more after
March 8 on amendments.
Oppose: Mon, March 20, 2017, by tleeson@fcgov.com
(20-Mar-17) • City policy has been to have utilities primary infrastructure located underground. This bill
states a telecommunications provide HAS the right to construct, maintain, and operate conduit, cable,
switches, and related appurtenances and facilities…along, across, upon, ABOVE, and under any public
highway in this state. Definition of highway includes local roadways and utility easements. This would
be a concern to our existing policy; especially, based on the size of some switching cabinets, etc.
Monitor: Tue, March 07, 2017, by lrosintoski@fcgov.com
(07-Mar-17) Combination of Laurie Kadrich and Kevin Gertig.
N/A: Mon, March 20, 2017, by tleeson@fcgov.com
(20-Mar-17) Rob Moseby, Engineering
Status History:Status History
Analyze This:Comments
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HB17-1203 Local Government Special Sales Tax On Retail Marijuana
Comment:
Position:Support
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors:S. Lebsock / B. Martinez Humenik | L. Crowder
Summary:The Colorado court of appeals has held that current law does not authorize counties to levy and collect a
sales tax on retail marijuana and retail marijuana products in addition to any sales tax imposed by the
state and the standard sales tax imposed by the county (special sales tax). Current law is also silent
regarding the authority of a statutory municipality (municipality) to collect a special sales tax on retail
marijuana and retail marijuana products. The bill authorizes counties and municipalities to levy, collect,
and enforce a special sales tax on retail marijuana and retail marijuana products; except that a county
may levy, collect, and enforce a special sales tax on retail marijuana and retail marijuana products only
under the following circumstances:
The county levies, collects, and enforces a special sales tax upon all sales of retail marijuana and
retail marijuana products in the unincorporated areas of the county;
The county levies, collects, and enforces a special sales tax upon all sales of retail marijuana and
retail marijuana products in the municipalities within the county that do not levy a special sales tax
on the sale of retail marijuana and retail marijuana products. The county special sales tax is
authorized only until the municipality obtains voter approval for a special municipal tax on the sale
of retail marijuana and retail marijuana products. After such time, any county special sales tax is
invalid within the corporate boundaries of the municipality unless the county enters into an
intergovernmental agreement with the municipality to allow the county to continue to levy, collect,
and enforce the county's special sales tax.
The governing body of any county and the governing body of any municipality within the
boundaries of the county that levies a municipal special sales tax on the sale of retail marijuana and
retail marijuana products enter into an intergovernmental agreement pertaining to the county's levy,
collection, and enforcement of a special sales tax upon all sales of all retail marijuana and retail
marijuana products. The intergovernmental agreement may include a provision for the
apportionment of a specified percentage of the gross retail marijuana special sales tax revenue
collected by the county to the municipality.
The bill specifies that a county or a municipality may not levy a special sales tax under any circumstance
until the proposed tax has been referred to and approved by the eligible electors of the county or
municipality, as applicable. A county or municipality must refer the proposed tax to the eligible electors
only on the date of the state general election, on the first Tuesday in November of an odd-numbered
year, or, in the case of a municipality, on the date of a municipal biennial election.
The bill specifies that if a county or municipality obtained voter approval prior to the effective
date of the bill to levy, collect, and enforce a special sales tax upon the sale of retail marijuana and retail
marijuana products, the tax is valid; except that, for a county, the tax is valid only so long as the county
complies with the conditions specified in the bill. If the county levies, collects, and enforces such tax in a
municipality that has already obtained voter approval to levy a special sales tax on the sale of retail
marijuana and retail marijuana products, the county's special sales tax is invalid unless the county enters
into an intergovernmental agreement with the municipality.
Any special sales tax on retail marijuana and retail marijuana products shall not be collected,
administered, or enforced by the department of revenue. Instead, such tax shall be collected,
administered, and enforced by the county or municipality imposing the tax.
A county or municipality in which the eligible electors have approved a special sales tax on the
sale of retail marijuana and retail marijuana products may credit the revenues collected from the tax to
the general fund of the county or municipality or to any special fund created in the county or
municipality's treasury. The governing body of a county or municipality may use the revenues collected
from the tax for any purpose as determined by the governing body of the county or municipality.
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(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Status:5/4/2017 Governor Signed
Fiscal Notes Status:No fiscal impact for this bill
Analyze This
Comments:
Monitor: Fri, March 03, 2017, by wwinkelmann@fcgov.com
(03-Mar-17) Staff has no concerns regarding this bill and defer to the legal opinion offered by the City
Attorney's Office.
Status History:Status History
Analyze This:Comments
HB17-1216 Sales And Use Tax Simplification Task Force
Comment:
Position:Monitor
Calendar
Notification:
Wednesday, May 10 2017
THIRD READING OF BILLS - FINAL PASSAGE
(3) in senate calendar.
News:
Sponsors:T. Kraft-Tharp | L. Sias / T. Neville | C. Jahn
Summary:The bill creates the sales and use tax simplification task force (task force) made up of legislative
members and state and local sales and use tax experts. The bill requires the task force to study sales and
use tax simplification between the state and local governments, and in particular between the state and
home rule jurisdictions. The task force is:
Authorized to seek, accept, and expend gifts, grants, or donations from private or public sources
in order to meet its goals;
Subject to sunset review in 3 years; and
Required to make an annual report to the legislative council that may or may not include
recommendations for legislation.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second
house.)
Status:5/9/2017 Senate Second Reading Passed - No Amendments
Fiscal Notes Status:No fiscal impact for this bill
Analyze This
Comments:
Status History:Status History
Analyze This:
HB17-1219 Extend Colorado Water Conservation Board Fallowing And Leasing Pilot Program
Comment:
Position:Monitor
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors:J. Arndt | B. McLachlan / K. Donovan | L. Crowder
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Summary:The Colorado water conservation board (board) administers a pilot program to demonstrate the practice
of fallowing agricultural irrigation land and leasing the associated water rights for temporary municipal,
agricultural, environmental, industrial, or recreational use. Under the current pilot program, the board, in
consultation with the state engineer, may authorize up to 10 pilot projects, each of a duration up to 10
years. Of the 10 pilot projects that the board may authorize, no more than 3 pilot projects may be located
in any one of the following major river basins: The South Platte river basin; the Arkansas river basin; the
Rio Grande river basin; and the Colorado river basin. An applicant must apply on or before December
31, 2018, to sponsor a pilot project. The pilot program is scheduled to be completed in 2029, at which
time the board, in consultation with the state engineer, is required to provide a final report to the water
resources review committee, or its successor committee, on the results of the pilot projects authorized.
The bill extends the pilot program as follows:
The board, in consultation with the state engineer, may authorize up to 15 pilot projects;
No more than 5 pilot projects may be located in any one of the 4 major river basins listed above;
An applicant must apply on or before December 31, 2023, to sponsor a pilot project; and
The pilot program would be completed in 2034, at which time the board, in consultation with the
state engineer, would provide a final report to the water resources review committee or its successor
committee.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second
house.)
Status:4/26/2017 Sent to the Governor
Fiscal Notes Status:No fiscal impact for this bill
Analyze This
Comments:
Neutral: Fri, March 10, 2017, by ddustin@fcgov.com
(10-Mar-17) There is no impact on the Fort Collins Water Resources Division from this bill, which
simply extends an agricultural water leasing pilot program; we have no involvement in the pilot
program.
Monitor/Support: Fri, March 10, 2017, by ddustin@fcgov.com
(10-Mar-17) Although Fort Collins Utilities is not involved in activities related to this bill, the bill
supports ATMs which can be an alternative water supply for this region - which aligns with the City's
legislative policy objective of "Support comprehensive water resource management" (addressing local
and regional water needs).
Status History:Status History
Analyze This:Comments
HB17-1229 Workers' Compensation For Mental Impairment
Comment:
Position:Monitor
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors:J. Singer | J. Becker / J. Cooke | N. Todd
Summary:The bill adds the definitions 'psychologically traumatic event' and 'serious bodily injury' to the workers'
compensation statutes for the purposes of clarifying a worker's right to compensation for any claim of
mental impairment.
(Note: This summary applies to this bill as introduced.)
Status:5/2/2017 Sent to the Governor
Fiscal Notes Status:No fiscal impact for this bill
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Analyze This
Comments:
Status History:Status History
Analyze This:
HB17-1233 Protect Water Historical Consumptive Use Analysis
Comment:
Position:Monitor
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors:J. Arndt / L. Crowder
Summary:When a water right owner wishes to change a water right, the amount of water that can be changed is
limited to the historical consumptive use of the water right. Current law provides that the reduced water
usage that results from participation in a government-sponsored water conservation program will not be
considered in analyzing the historical consumptive use of the water right, but only in water divisions 4,
5, or 6. The bill applies this rule statewide, includes water conservation pilot programs, and limits state
agencies that can approve a water conservation program to only those that have explicit statutory
jurisdiction over water conservation or water rights.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Status:4/27/2017 Signed by the President of the Senate
Fiscal Notes Status:No fiscal impact for this bill
Analyze This
Comments:
Neutral: Fri, March 10, 2017, by ddustin@fcgov.com
(10-Mar-17) There is no impact on the Fort Collins Water Resources Division from this bill, which aims
to protect the historical consumptive use of a water right involved in a water conservation program; we
have no involvement in this type of issue currently.
Monitor/Support: Fri, March 10, 2017, by ddustin@fcgov.com
(10-Mar-17) Although Fort Collins Utilities is not involved in activities related to this bill, the bill
supports ATMs which can be an alternative water supply for this region - which somewhat aligns with
the City's legislative policy objective of "Support comprehensive water resource management"
(encourage conservation of water resources).
Status History:Status History
Analyze This:Comments
HB17-1273 Real Estate Development Demonstrate Water Conservation
Comment:
Position:Monitor
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors:H. McKean | C. Hansen / M. Jones | D. Coram
Summary:Current law's definition of a water supply that is 'adequate' for purposes of a local government's approval
of a real estate development permit merely allows the inclusion of reasonable conservation measures and
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water demand management measures to account for hydrologic variability. The bill amends the
definition to include reasonable conservation measures and water demand management measures to
reduce water needs and account for hydrologic variability ( section 2 of the bill) and prohibits the local
government from approving the permit application unless the applicant demonstrates that appropriate
water conservation and demand management measures have been included in the water supply plan (
section 3 ).
Current law also requires an applicant for a real estate development permit to demonstrate to the
local government issuing the permit:
The water conservation measures, if any, that may be implemented within the development; and
The water demand management measures, if any, that may be implemented to account for
hydrologic variability.
Section 4 requires the applicant to demonstrate:
The water conservation measures that may be implemented within the development to reduce
indoor and outdoor demand; and
The water demand management measures that may be implemented to account for hydrologic
variability.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second
house.)
Status:4/24/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Fiscal Notes Status:No fiscal impact for this bill
Analyze This
Comments:
Neutral: Fri, April 07, 2017, by ddustin@fcgov.com
(07-Apr-17) It is assumed there will be little to no impact on the Fort Collins Water Resources Division
from this bill, which would require water conservation measures be implemented by development, since
these requirements would likely be handled through the City's development review process and/or the
Utilities Water Conservation Program.
Neutral: Fri, April 07, 2017, by ddustin@fcgov.com
(07-Apr-17) This bill aligns with the City's legislative policy objective of "Support comprehensive water
resource management", which includes encouraging conservation of water resources.
Status History:Status History
Analyze This:Comments
HB17-1279 Construction Defect Actions Notice Vote Approval
Comment:
Position:Monitor
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors:A. Garnett | L. Saine / J. Tate | L. Guzman
Summary:The bill requires that, before the executive board of a unit owners' association (HOA) in a common
interest community brings suit against a developer or builder on behalf of unit owners based on a defect
in construction work not ordered by the HOA itself, the board must:
Notify all unit owners and the developer or builder against whom the lawsuit is being considered;
Call a meeting at which the executive board and the developer or builder will have an
opportunity to present relevant facts and arguments and the developer or builder may, but is not
required to, make an offer to remedy the defect; and
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Obtain the approval of a majority of the unit owners after giving them detailed disclosures about
the lawsuit and its potential costs and benefits.
The meeting of unit owners commences a 90-day voting period during which the HOA will accept votes
for or against proceeding with the lawsuit. Statutes of limitation are tolled during this period. The HOA
is required to keep copies of its mailing list and maintain records of the votes received. The voting
period may end in less than 90 days if sufficient votes are received to approve the lawsuit before 90 days
have elapsed.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Status:5/4/2017 Senate Third Reading Passed - No Amendments
Fiscal Notes Status:No fiscal impact for this bill
Analyze This
Comments:
Amend: Fri, April 14, 2017, by tleeson@fcgov.com
(14-Apr-17) One of the problems with the current construction defects legislation is that owners of
multifamily units are affected without even knowing the law suit exists, so this amendment improves
that issue. However, the requirement for a meeting doesn’t set a minimum for participation – no quorum
required, and this concerns me because if only one or two people show up to the meeting , they could
decide for the whole community. Also, they don’t specify one vote per unit. If several people from one
unit are permitted to vote, that could allow them to influence or control the voting outcome which
doesn’t seem fair. More work on this section would be recommended.
N/A: Fri, April 14, 2017, by tleeson@fcgov.com
(14-Apr-17) Tom Leeson
Status History:Status History
Analyze This:Comments
HB17-1291 Alternate Storage Not Change If Already Quantified
Comment:
Position:Support
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors:J. Arndt | J. Becker / D. Coram
Summary:Current law allows water to be stored only at a location that has been specifically identified in a decree.
The bill allows a water right for which the historical consumptive use was previously quantified to be
stored in any reservoir, without the necessity of adjudicating an additional change of water right, if:
The water will be diverted from a point of diversion that has already been decreed for that water
right and the alternate place of storage is located on the same ditch or reservoir system;
Previous notice is given to the division engineer;
Transit and ditch losses are assessed from the decreed point of diversion to the alternate place of
storage;
The division engineer approves the proposed accounting of the storage; and
The water was not imported from another water division.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second
house.)
Status:5/3/2017 Senate Third Reading Passed - No Amendments
Fiscal Notes Status:No fiscal impact for this bill
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Analyze This
Comments:
Strongly Support: Tue, April 04, 2017, by ddustin@fcgov.com
(04-Apr-17) The Fort Collins Utilities Water Resources Division strongly supports this bill because it
would allow more flexible use of the City's various water rights in future storage facilities. Without this
legislation, each time a new storage facility is added to the City's water supply system (that wasn't
contemplated and added in previous water court decrees) the City must reopen past water right decrees
to add the new storage, which could lead opposers to diminish the City's water rights.
Strongly Support: Tue, April 04, 2017, by ddustin@fcgov.com
(04-Apr-17) This bill aligns with the City's legislative policy objective of "Support comprehensive water
resource management", which includes expanding storage and preserving its water rights portfolio.
Strongly Support: Tue, April 04, 2017, by ddustin@fcgov.com
(04-Apr-17) Donnie Dustin, Water Resources Manager ALSO - Eric Potyondy, Assistant City Attorney
(given legal nature of bill).
Status History:Status History
Analyze This:Comments
HB17-1306 Test Lead In Public Schools' Drinking Water
Comment:
Position:
Calendar
Notification:
Wednesday, May 10 2017
THIRD READING OF BILLS - FINAL PASSAGE
(7) in senate calendar.
News:
Sponsors:B. McLachlan | T. Exum / K. Donovan | D. Coram
Summary:The bill directs the department of public health and environment (department) to establish a grant
program to test for lead in public schools' drinking water. The department will give the highest priority to
the oldest public elementary schools, then the oldest public schools that are not elementary schools, and
then all other public schools. The department may also consider ability to pay in administering the
program. The department is directed to use its best efforts to complete all testing and analysis by June
30, 2020. The public school must provide at least 10% local matching funds and give the test results to
its local public health agency, its supplier of water, its school board, and the department. The department
may use up to $300,000 per year for 3 years for grants beginning on or after July 1, 2017, from the water
quality improvement fund if there is money available after fully funding existing programs. The
department shall provide 4 annual reports to the general assembly regarding implementation of the grant
program, including any legislative proposals that may be warranted.
The bill appropriates $431,803 and 1.3 FTE to the department of public health and environment
for the implementation of the act.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Status:5/10/2017 Senate Third Reading Passed - No Amendments
Fiscal Notes Status:No fiscal impact for this bill
Analyze This
Comments:
Conditionally Support: Thu, April 27, 2017, by joropeza@fcgov.com
(27-Apr-17) It is expected that there would be some increased level of resource commitments by the
City’s water quality laboratories, if the City were to support this testing effort. Further clarification is
needed around how CDPHE will consider the school test results as they relate to public water systems’
lead and copper testing requirements. As the bill is written, significant uncertainties also exist around
what happens in the event that elevated lead levels are found within any given school facility. In
particular, it is unclear whether the State will commit additional funds and/or technical expertise to assist
with remediation and future testing, in the event that results are found to be above the action level.
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Support: Thu, April 27, 2017, by joropeza@fcgov.com
(27-Apr-17) The proposed legislation aligns with several City of Fort Collins Utilities policies and
practices that help minimize their customer’s exposure to lead and copper in their drinking water,
including the Fort Collins Utilities’ Drinking Water Quality Policy and its stated goals.
N/A: Thu, April 27, 2017, by joropeza@fcgov.com
(27-Apr-17) Jill Oropeza, Water Quality Services Manager, Fort Collins Utilities, joropeza@fcgov.com,
970-416-2529
Status History:Status History
Analyze This:Comments
HB17-1316 Delay Implementation Of House Bill 16-1309
Comment:
Position:Support
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors:S. Lontine / V. Marble
Summary:House Bill 16-1309, which was enacted by the 2016 general assembly, concerned a defendant's right to
counsel in certain cases considered by municipal courts. The bill delays the implementation of House
Bill 16-1309 until July 1, 2018.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Status:4/28/2017 Governor Signed
Fiscal Notes Status:No fiscal impact for this bill
Analyze This
Comments:
Strongly Support: Sat, April 15, 2017, by klane@fcgov.com
(15-Apr-17) We do not have funds in our adopted 2017-2018 budget for Municipal Court operations to
pay for having defense counsel available during all video advisements with the Larimer County Jail.
Delay in implementation of this requirement to July 2018 will greatly reduce our unbudgeted expenses.
We will, of course, continue to set up court-appointed defense counsel for any indigent defendant
making that request (in response to specifically being asked if they wish to have an attorney) during their
video advisement. This is typically done the same day or within 24 hours of the request, depending upon
how quickly we can reach an available defense attorney.
Strongly Support: Sat, April 15, 2017, by klane@fcgov.com
(15-Apr-17) Please see the description above.
Strongly Support: Sat, April 15, 2017, by klane@fcgov.com
(15-Apr-17) I believe CML is taking the lead on this.
Status History:Status History
Analyze This:Comments
HB17-1338 Municipal Court Bond Hold Notification and Hearing
Comment:
Position:
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Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors:J. Bridges | L. Liston / D. Kagan | V. Marble
Summary:If a person is detained in a jail on a municipal hold and does not immediately receive a personal
recognizance bond, the jail shall promptly notify the municipal court of the hold or, if the municipal hold
is the sole basis for the person's detention, notify the municipal court of the hold within 4 hours. All
municipal courts shall establish an e-mail address, if internet service is available, whereby the municipal
court can receive notifications from jails. If internet service is not available, the municipal court shall
establish a telephone line with voicemail for the same purpose. Once a demanding municipal court
receives the notice that its hold is the sole basis for the detention, the court shall hold a hearing within 2
days of receiving the notice; except that if the defendant has failed to appear at least twice in the case
and the jail is in a different county than the county where the municipality is located, the demanding
municipal court shall hold a hearing within 4 days. At the hearing the municipal court must either:
Arraign the defendant; or
If the defendant is being held for failure to appear, conduct the proceedings related to the failure
to appear unless the proceeding is a trial or evidentiary hearing or requires the presence of a witness.
If the case is not resolved at the hearing, the municipal court shall conduct a bond hearing and release the
defendant on bond under the least restrictive conditions possible. If the defendant does not appear before
the municipal court within the required time frames, the jail holding the defendant shall release the
defendant on an unsecured personal recognizance bond with no other conditions returnable to the
municipal court. A municipal court shall adopt standing orders to effectuate the defendant's release if the
defendant is not transferred to the municipal court within the required time frames.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Status:5/9/2017 Senate Third Reading Passed - No Amendments
Fiscal Notes Status:No fiscal impact for this bill
Analyze This
Comments:
Status History:Status History
Analyze This:
HB17-1349 Assessment Ratio For Residential Real Property
Comment:
Position:
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors:D. Pabon | K. Van Winkle / T. Neville | L. Court
Summary:The bill sets the ratio of valuation for assessment for residential real property at 7.2% for property tax
years commencing on and after January 1, 2017, until the next property tax year that the general
assembly adjusts this ratio.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Status:5/9/2017 Senate Third Reading Passed - No Amendments
Fiscal Notes Status:No fiscal impact for this bill
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Analyze This
Comments:
Neutral: Tue, May 02, 2017, by tjsmith@fcgov.com
(02-May-17) The position of the City of Fort Collins is neutral in that we understand that there is little
influence to be had over the Senate due to Gallagher. The revenue impacts will likely be offset for the
City of Fort Collins due to higher assessed valuations estimated between 5-8% in 2017 (2018
collections). Long term, this has a much greater impact to City revenue and for this reason we would
encourage an amendment to the State Constitution addressing Gallagher due to the effects on both
municipalities and school districts over time.
Neutral: Tue, May 02, 2017, by tjsmith@fcgov.com
(02-May-17) This has no bearing on City legislative policy apart from desiring to be in compliance with
both TABOR and Gallagher.
N/A: Tue, May 02, 2017, by tjsmith@fcgov.com
(02-May-17) Travis Storin, Accounting Director.
Status History:Status History
Analyze This:Comments
SB17-021 Assistance To Released Mentally Ill Offenders
Comment:
Position:Monitor
Calendar
Notification:
Wednesday, May 10 2017
THIRD READING OF BILLS - FINAL PASSAGE
(7) in house calendar.
News:
Sponsors:B. Martinez Humenik / J. Singer
Summary: Legislative Oversight Committee Concerning the Treatment of Persons with Mental Illness in the
Criminal and Juvenile Justice Systems. The bill directs the division of housing in the department of
local affairs to establish a program to provide vouchers and supportive services to persons with a
behavioral or mental health disorder who are being released from the department of corrections (DOC),
the division of youth corrections in the department of human services (DYC), or jails. The program is
funded by an appropriation from the marijuana tax cash fund and from money unspent by the division of
criminal justice (CDPS) for community corrections programs in the previous fiscal year.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Status:5/9/2017 House Committee on Appropriations Refer Amended to House Committee of the Whole
Fiscal Notes Status:No fiscal impact for this bill
Analyze This
Comments:
Support: Mon, February 13, 2017, by Beth Sowder (bsowder@fcgov.com)
(13-Feb-17) It does not appear that we would be directly impacted by this bill but we strongly support
any additional assistance for those leaving the jail, especially for folks dealing with mental illness. If
alcohol abuse would be covered by the definition they use, that would be especially helpful. We believe
that this is something that could positively affect those in our community who get caught in this cycle of
mental health and incarceration. This bill is also aligned with the policy of trying to keep the direct
provision of social services funded at the county, state or federal level.
N/A: Mon, February 13, 2017, by Beth Sowder (bsowder@fcgov.com)
(13-Feb-17) Yes
N/A: Mon, February 13, 2017, by Beth Sowder (bsowder@fcgov.com)
(13-Feb-17) Judge Kathleen Lane and Andrea Little
Status History:Status History
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Analyze This:Comments
SB17-040 Public Access To Government Files
Comment:Official LRC Position is Oppose Unless Amended to exclude cities.
Position:Oppose
Calendar
Notification:
Wednesday, May 10 2017
THIRD READING OF BILLS - FINAL PASSAGE
(4) in house calendar.
News:
Sponsors:J. Kefalas / D. Pabon
Summary: Section 1 of the bill adds a legislative declaration.
Section 4 of the bill modifies the 'Colorado Open Records Act' (CORA) by creating new
procedures governing the inspection of public records that are stored as structured data. Section 2
defines key terms including 'structured data', which the bill defines as digital data that is stored in a fixed
field within a record or file that is capable of being automatically read, processed, or manipulated by a
computer. Section 2 of the bill provides a definition of the term 'infrastructure security data'. Section 2
also specifies that, for purpose of the definition of 'public records in CORA, the terms 'state' and 'agency'
include the judicial department of state government.
If the custodian has made the requested records publicly available in a structured data format,
section 3 of the bill allows the custodian to satisfy the request by redirecting the requester, in writing and
in detail, to the location of the records.
If public records are stored as structured data, section 4 requires the custodian of the public
records to provide an accurate copy of the public records in a structured data format when requested. If
public records are not stored as structured data but are stored in an electronic or digital form and are
searchable in their native format, the custodian is required to provide a copy of the public records in a
format that is searchable when requested.
Section 4 specifies the circumstances that exempt the custodian from having to produce records
in a searchable or structured data format.
If a custodian is not able to comply with a request to produce public records that are subject to
disclosure in a requested format, the custodian is required to produce the records in an alternate format
or issue a denial and to provide a written declaration attesting to the reasons the custodian is not able to
produce the records in the requested format. If a court subsequently rules the custodian should have
provided the data in the requested format attorney fees may be awarded only if the custodian's action
was arbitrary or capricious.
Nothing in the bill requires a custodian to produce records in their native format or to release
metadata.
When a custodian produces records in a searchable or structured format, the choice of format is
in the sole discretion of the custodian.
Section 4 also clarifies that the bill does not relieve or mitigate the obligations of a custodian to
produce records in a format accessible to individuals with disabilities in accordance with Title II of the
federal 'Americans with Disabilities Act', and other federal or state laws.
Section 5 of the bill adds as an additional ground that a custodian has for disallowing the
inspection of public records that the inspection seeks access to infrastructure security data.
This section of the bill also permits the custodian to deny the right of inspection of the following
records, unless otherwise provided by law, on the ground that disclosure to the applicant would be
contrary to the public interest: Software programs; network and systems architectural designs; source
code; source documentation; information in tangible or intangible form relating to released and
unreleased software or hardware, database design structures, database schema and architecture, security
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structures and architecture, and data stored in support structures; agency original design ideas; nonpublic
business policies and practices relating to software development and use; and the terms and conditions of
any actual or proposed license agreement or other agreement concerning the products and licensing
negotiations.
The bill permits any public employee, or former public employee, of any branch or level of
government, to request that his or her home address, personal telephone number, or other similar
personal identifying or location information be withheld from the production of any public records
produced in a structured data or searchable format by presenting to any custodian of such public records
a written declaration signed by the employee attesting that disclosure of the personal identifying or
location information poses a credible risk to the health, welfare, safety, or security of the employee or to
any member of the employee's family or household.
Upon receipt of a signed declaration meeting the bill's requirements or a declaration containing
the same information that has been executed by a federal law enforcement agency, POST certified law
enforcement official, or a judicial officer, the custodian of any public records produced in a structured
data or searchable format is required to either deny the inspection of such public records or redact from
any such public records provided to any requester in a structured data or searchable format the
employee's personal identifying or location information. The bill prohibits any claim of any kind from
being asserted against either any records custodian or any agency of government that is premised on the
failure of the custodian or the agency to comply with these requirements of the bill.
If the custodian denies access to any record on the grounds that the record contains infrastructure
security data, the bill requires the custodian to forthwith furnish the applicant with a written statement
specifying why the requested record is infrastructure security data. At the same time, the custodian is
also required to provide copies of the written statement to the attorney general of the state and also to the
division of homeland security and emergency management within the department of public safety. The
applicant may apply to state district court for a determination that the requested record is in fact a public
record and does not satisfy the definition of infrastructure security data. In such legal action, the
applicant bears the burden of proof.
Section 5 also expands the grounds permitting the filing of a civil action seeking inspection of a
public record to include an allegation of a violation of the digital format provisions in the bill or a
violation of record transmission provisions specified in CORA. This section also specifies that altering
an existing record, or excising fields of information, to remove information that the custodian is required
or allowed to withhold does not constitute the creation of a new public record. Such alteration or
excision may be subject to a research and retrieval fee or a fee for the programming of data as allowed
under existing provisions of CORA.
Section 6 modifies CORA provisions governing the copy, printout, or photograph of a public
record and the imposition of a research and retrieval fee. Among these modifications:
The bill deletes existing statutory language permitting the custodian to charge the same fee for
services rendered in supervising the copying, printing out, or photographing of a public record as the
custodian may charge for furnishing a copy, printout, or photograph;
The bill replaces a reference in the statute to the phrase 'manipulation of data' with the phrase
'programming, coding, or custom search queries so as to convert a record into a structured data or
searchable format';
In connection with determining the amount of the fee for a paper or electronic copy of a public
record, the bill specifies that, if a custodian performs programming, coding, or custom search
queries to create a public record, the fee for a paper or electronic copy of that record may be based
on recovery of the actual or incremental costs of performing the programming, coding, or custom
search queries, together with a reasonable portion of the costs associated with building and
maintaining the information systems; and
When a person makes a request to inspect or make copies or images of original public records,
the bill permits the custodian to charge a fee for the time required for the custodian to supervise the
handling of the records, when such supervision is necessary to protect the integrity or security of the
original records.
Section 7 repeals the existing criminal misdemeanor offense and penalty for a willful and knowing
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violation of CORA.
Section 8 of the bill appropriates $50,810 to the judicial department for the 2017-18 state fiscal
year from the general fund. This section of the bill also appropriates $855 to the department of law for
the 2017-18 state fiscal year. This latter appropriation is from reappropriated funds received from the
office of the state public defender in the judicial department. To implement the bill, the department of
law is permitted to use this appropriation to provide legal services for the office of the state public
defender in the judicial department.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Status:5/9/2017 House Committee on Appropriations Refer Amended to House Committee of the Whole
Fiscal Notes Status:No fiscal impact for this bill
Analyze This
Comments:
Monitor/Oppose: Wed, February 15, 2017, by dcoldiron@fcgov.com
(15-Feb-17) There are many concerns that this bill raises. The way the bill is written, some of the
following challenges could be difficult for agencies to manage: • It appears very possible that data
requests for formats that the technical staff is not familiar with could be submitted and the agency could
be required to respond, requiring training, etc. • There are a very large number of possibilities of data
formats that could be requested, which agencies may or may not be able to provide, creating a variety of
challenges. • Many data sets in systems operated by agencies are owned, maintained and sourced by
external providers. Direct access to the data or retrieval of the data within these systems may not be
reasonably possible within the limits of the contractual agreements • It is very common for systems to be
maintained by very limited staff resources within many agencies. Often, only one person within the
organization is trained and familiar enough with the data within the system and thus capable of
extracting requested data. Numerous requests could create significant resourcing challenges for an
agency. Also, requests submitted during a leave of a lone technical person capable of responding would
be impossible to fulfill. • Structured data is stored across all functions of an organization and maintained
by a variety of staff, not just technical staff. Large numbers of data sets exist in format such as Microsoft
Excel and Microsoft Access and have been developed and created by non-technical staff, such as finance
analysts. Requests for these data sets could be potentially challenging for non-technical staff to respond,
given the technical training and expertise needed to fulfil the request appropriately. Finally, should a
significant number of requests for structured data be submitted, it is possible that there will be an
increase in the workload of technology staff in many organizations sufficient to require the agency to
increase permanent FTE to accommodate.
N/A: Wed, February 15, 2017, by dcoldiron@fcgov.com
(15-Feb-17) Dan Coldiron, CIO
Status History:Status History
Analyze This:Comments
SB17-112 Sales & Use Tax Payment To Wrong Local Government
Comment:
Position:Monitor
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors:T. Neville / D. Pabon
Summary:The bill seeks to clarify the general assembly's intent when it enacted a dispute resolution process in
1985 to address a situation when a taxpayer paid a sales and use tax to one local government when it
should have instead paid that disputed amount to a different local government. A recent court case
applied the statute of limitations to this dispute resolution process, resulting in the taxpayer having to
pay the disputed amount twice to 2 different local governments. The bill specifies that any statutes of
limitations, either local, state, or in intergovernmental transfer agreements, do not apply to the remedies
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set forth in law.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Status:4/18/2017 Governor Signed
Fiscal Notes Status:Fiscal impact for this bill
Analyze This
Comments:
Status History:Status History
Analyze This:
SB17-117 Recognize Industrial Hemp Agricultural Product For Agricultural Water Right
Comment:
Position:Oppose
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors:D. Coram / D. Valdez | M. Catlin
Summary:In Colorado, water subject to a water right may be used for the purpose for which the water is
decreed. The bill confirms that a person with an absolute or conditional water right decreed for
agricultural use may use the water subject to the water right for the growth or cultivation of industrial
hemp if the person is registered by the department of agriculture to grow industrial hemp for commercial
or research and development purposes.
(Note: This summary applies to this bill as introduced.)
Status:5/1/2017 Signed by the Speaker of the House
Fiscal Notes Status:Fiscal impact for this bill
Analyze This
Comments:
Oppose: Tue, February 14, 2017, by Cwebb@fcgov.com
(14-Feb-17) While this bill doesn't have any direct impacts on City operations, it may negatively impact
our water rights portfolio and decrees. The bill may set a precedent for narrowly describing the
appropriate use of water rights that the City owns and reducing any flexibility in using those rights in the
future.
No: Tue, February 14, 2017, by Cwebb@fcgov.com
(14-Feb-17) While the legislative policy agenda contains statements of support for urban agriculture, it is
not specific related to the production of hemp. Also, hemp is not likely to be an urban ag crop.
N/A: Tue, February 14, 2017, by Cwebb@fcgov.com
(14-Feb-17) Carol Webb
Status History:Status History
Analyze This:Comments
SB17-134 Alcohol Beverage Licensee Penalty Application
Comment:
Position:Monitor
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Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors:J. Tate / D. Nordberg | L. Herod
Summary:The bill limits penalties for violations relating to the sale of alcohol beverages to a visibly intoxicated or
underage person that occur in a sales room for licensees operating a beer wholesaler, winery, limited
winery, or distillery, or in a retail establishment, for licensees operating a brew pub, vintner's restaurant,
or distillery pub, by prohibiting the licensing authority from:
Basing any fine on the estimated gross revenues of any manufacturing or wholesale activities of
the licensee; and
Extending any suspension to the manufacturing or wholesale activities of the licensee.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second
house.)
Status:3/30/2017 Governor Signed
Fiscal Notes Status:No fiscal impact for this bill
Analyze This
Comments:
Neutral: Thu, February 09, 2017, by WWinkelmann@fcgov.com
(09-Feb-17) We do not perceive any issues related to this bill on City Operations.
Status History:Status History
Analyze This:Comments
SB17-155 Statutory Definition Of Construction Defect
Comment:
Position:Support
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors:J. Tate / L. Saine
Summary:The bill separately defines and clarifies the term 'construction defect' in the 'Construction Defect Action
Reform Act'.
(Note: This summary applies to this bill as introduced.)
Status:5/9/2017 Senate Second Reading Laid Over to 05/11/2017 - No Amendments
Fiscal Notes Status:Fiscal impact for this bill
Analyze This
Comments:
Support: Wed, February 15, 2017, by Tleeson@fcgov.com
(15-Feb-17) Hard to understand the intent of this change as the new definition of construction defect is
similar to the existing language. Does not appear to be a significant change.
N/A: Wed, February 15, 2017, by Tleeson@fcgov.com
(15-Feb-17) Tom Leeson
Status History:Status History
Analyze This:Comments
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SB17-179 Fee Limits For Solar Energy Device Installations
Comment:
Position:Oppose
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors:A. Kerr | B. Gardner / L. Herod | L. Sias
Summary:The bill extends the repeal date of existing laws that limit the amount of permit, plan review, or other
fees that counties, municipalities, or the state may charge for installing solar energy devices or systems.
The bill also clarifies that the statutory limitations on the amount of fees applies to any related or
associated fees, not just to permit or plan review fees.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Status:4/28/2017 Governor Signed
Fiscal Notes Status:No fiscal impact for this bill
Analyze This
Comments:
Monitor/Oppose: Wed, March 01, 2017, by jphelan@fcgov.com
(01-Mar-17) The bill does not clearly define "related or associated fees." Utilities may need to recover
the costs of solar interconnection studies or hardware upgrades to accommodate larger solar systems.
Position is: Oppose unless amended to clarify scope of subject fees, then monitor based on definition.
Monitor/Oppose: Wed, March 01, 2017, by jphelan@fcgov.com
(01-Mar-17) Aligns with Energy Policy and Climate Action Plan framework. City operations may be
significantly impacted (see above).
Monitor/Oppose: Wed, March 01, 2017, by jphelan@fcgov.com
(01-Mar-17) Tim McCollough or John Phelan
Status History:Status History
Analyze This:Comments
SB17-184 Private Marijuana Clubs Open And Public Use
Comment:
Position:Oppose
Calendar
Notification:
Wednesday, May 10 2017
Conference Committee on SB17-184
8:30 a.m. Room 0109
(1) in house calendar.
Wednesday, May 10 2017
CONFERENCE COMMITTEE(S) TO REPORT
(1) in house calendar.
Wednesday, May 10 2017
CONFERENCE COMMITTEES TO REPORT
(1) in senate calendar.
News:Colorado lawmakers inch towards allowing marijuana consumption clubs
Sponsors:B. Gardner / D. Pabon
Summary:The bill authorizes the operation of a marijuana membership club (club) only if the local jurisdiction has
authorized clubs. A club must meet the following qualifications:
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All members and employees of the club must be 21 years of age or older;
The club's employees must be Colorado residents;
The club cannot sell or serve alcohol;
The club cannot be a retail food establishment;
A club owner shall not sell marijuana on the premises; and
A club owner shall not permit the sale or exchange of marijuana for remuneration on the
premises.
The bill prohibits the open and public consumption of marijuana and defines the terms 'open and public',
'openly', and 'publicly'.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Status:4/21/2017 Senate Considered House Amendments - Result was to Not Concur - Request Conference
Committee
Fiscal Notes Status:No fiscal impact for this bill
Analyze This
Comments:
Monitor: Mon, February 27, 2017, by wwinkelmann@fcgov.com
(27-Feb-17) Staff is unclear how this bill comports with the Colorado Clean Indoor Air Act.
Status History:Status History
Analyze This:Comments
SB17-188 Repeal Income Tax Credit Innovative Motor Vehicles
Comment:
Position:Monitor
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors:V. Marble
Summary:The bill repeals the income tax credits for innovative motor vehicles and innovative trucks for purchase
and leases entered into on or after January 1, 2018.
For the 2017-18 state fiscal year and each fiscal year thereafter through the 2020-21 state fiscal
year, the bill requires the state controller to credit an amount of tax revenue estimated to be retained by
the repeal of the income tax credits to the highway users tax fund.
The bill requires the secretary of state to submit a ballot question, to be treated as a proposition,
at the statewide election to be held in November 2017 asking the voters:
To increase state tax revenue by a specified amount in each fiscal year through the 2020-21 state
fiscal year by the repeal of the income tax credit for innovative motor vehicles and the income tax
credit for innovative trucks;
To credit the resulting estimated tax revenue to the highway users tax fund; and
To allow an estimate of the resulting tax revenue to be collected and spent notwithstanding any
limitations in section 20 of article X of the state constitution (TABOR).
(Note: This summary applies to this bill as introduced.)
Status:4/24/2017 Senate Second Reading Laid Over to 05/11/2017 - No Amendments
Fiscal Notes Status:No fiscal impact for this bill
Analyze This
Comments:
N/A: Wed, March 01, 2017, by Ginny Sawyer (gsawyer@fcgov.com)
(01-Mar-17) Impact on City Operations The City of Fort Collins purchases and operates EV fleet
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vehicles, and while as a government entity it does not pay taxes, the city does typically receive discounts
from EV car dealers that reflect the value of tax credits associated with the innovative vehicles outlined
in the bill. However, the exact impact on the City’s budget, as dealers do not often take advantage of
state tax credits, would likely be negligible.
Monitor/Oppose: Wed, March 01, 2017, by Ginny Sawyer (gsawyer@fcgov.com)
(01-Mar-17) Alignment with City Legislative Policy The Legislative Policy Agenda calls for the City to
“reduce vehicle emissions by….Encouraging or promoting lower emissions and lower carbon fuels,
vehicles and supporting infrastructure” and to “Establish market-based mechanisms to reduce
(greenhouse gas) emissions.” The bill would eliminate the income tax credit for innovative vehicles,
including electric and plug-in hybrids, in 2018 as opposed to the current sunset date of 2022. Electric
vehicles are a strategy outlined in both the City’s 2020 goals as well as the longer term climate
protection goals, and widespread adoption of these vehicles would not only reduce greenhouse gas
emissions, but also vehicle tailpipe emissions. These emissions are among the most significant
contributors to poor ozone in our communities, and are correlated with a variety of serious respiratory
ailments, including asthma, that disproportionally impact children and the elderly. Support for the Tax
Credit Innovative Motor Vehicles aligns with the City’s LPA around climate action planning, improved
air quality, and incentives that are designed to increase the attractiveness of EV vehicles to car buyers,
while also providing significant air quality co-benefits.
N/A: Wed, March 01, 2017, by Ginny Sawyer (gsawyer@fcgov.com)
(01-Mar-17) If testimony requested, which staff should be contacted? Either Tracy Ochsner (from an
impact on the municipal organization’s perspective) or Paul Sizemore (from an impact perspective that
this may have on widespread EV adoption)
Status History:Status History
Analyze This:Comments
SB17-192 Marijuana Business Efficiency Measures
Comment:
Position:Oppose
Calendar
Notification:
NOT ON CALENDAR
News:Colorado lawmakers inch towards allowing marijuana consumption clubs
Sponsors:T. Neville / J. Singer | J. Melton
Summary:The bill allows the state licensing authority to authorize single-instance transfers of retail marijuana or
retail marijuana products from a retail marijuana licensee to a medical marijuana licensee. If granted, the
transfer must be completed within 30 days of the date the transfer was approved. A retail marijuana
license that is subject to suspension is not eligible for the transfer and any retail marijuana or retail
marijuana product that is subject to an administrative hold is not eligible for transfer.
Under current law, the department of revenue determines the average market rate for purposes of
excise tax collection on retail marijuana every 6 months. The bill gives the department the authority to
calculate the average market rate on a quarterly basis. The average market rate cannot include taxes paid
on sales or transfers. The bill requires a separate average market rate for unprocessed marijuana for
extraction that is lower than the average market rate for unprocessed marijuana for direct sale. The bill
states that the average market rate should be used to calculate the state excise tax on affiliated
transactions, and the contract price should be used to calculate the excise tax on unaffiliated transactions.
The bill clarifies that the average market rate will be used to calculate the excise tax on all county,
municipal, or metropolitan district transactions.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
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Status:5/9/2017 Senate Considered House Amendments - Result was to Reconsider
Fiscal Notes Status:No fiscal impact for this bill
Analyze This
Comments:
Oppose: Mon, February 27, 2017, by wwinkelmann@fcgov.com
(27-Feb-17) If delivery of marijuana was permitted, additional staff resources would be needed for
monitoring/inspections to ensure the product was not diverted to underage use. Additionally, past
legislation regarding marijuana has included an "opt-in" clause that has allowed municipalities the option
of adopting the new legislation. This bill is a mandate for those municipalities who have marijuana
businesses.
Status History:Status History
Analyze This:Comments
SB17-213 Automated Driving Motor Vehicles
Comment:
Position:Monitor
Calendar
Notification:
NOT ON CALENDAR
News:Driverless-car bill goes to Hickenlooper’s desk
Sponsors:D. Moreno | O. Hill / F. Winter | J. Bridges
Summary:The bill declares that the regulation of automated driving systems is a matter of statewide concern, and,
therefore, local authorities are prohibited from setting different standards for these systems than for
human drivers. The use of automated driving systems is authorized if the system is capable of
conforming to every state and federal law applying to driving. If not, a person testing a system is
required to obtain approval from the Colorado state patrol and the Colorado department of
transportation.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Status:5/1/2017 Signed by the Speaker of the House
Fiscal Notes Status:No fiscal impact for this bill
Analyze This
Comments:
Status History:Status History
Analyze This:
SB17-247 Electricians Inspectors Licensing Qualifications
Comment:
Position:Monitor
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors:K. Priola / D. Pabon
Summary:Beginning January 1, 2019, section 1 of the bill waives the continuing education requirement, otherwise
applicable upon every renewal or reinstatement of an electrician's license, for the first renewal or
reinstatement of the license of an electrician who passed the appropriate written examination in
connection with his or her initial license application.
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Section 2 phases out an existing provision allowing the hiring of inspectors of 1- to 4-family
dwellings who have specified certifications and experience but may not have passed Colorado's written
residential wireman's examination. The provision is repealed as of January 1, 2019, except for inspectors
hired on or before that date by a city, town, county, or city and county who meet the existing
requirements. Those individuals have until January 1, 2023, to meet the new requirements.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Status:5/3/2017 Governor Signed
Fiscal Notes Status:No fiscal impact for this bill
Analyze This
Comments:
Monitor: Mon, April 10, 2017, by Mgebo@fcgov.com
(10-Apr-17) Section 1, no impact on the City Section 2, it is important to be able to hire electrical
inspectors with credentials from other agencies, not just the State
Oppose: Fri, April 14, 2017, by Mgebo@fcgov.com
(14-Apr-17) Section 1, Will not have any impact on the City Section 2, would prevent City inspectors
from inspecting residential minor electrical work without a State issued license. Currently we have
inspectors who have passed the ICC electrical inspector certifications and there should be no need for the
State license. Do not support.
N/A: Fri, April 14, 2017, by Mgebo@fcgov.com
(14-Apr-17) Tom Leeson
Status History:Status History
Analyze This:Comments
SB17-252 Utility Cost-saving Contract For Local Governments
Comment:
Position:Monitor
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors:J. Tate / J. Coleman | L. Liston
Summary:Current law allows boards of political subdivisions to enter into energy cost-savings contracts for utility
cost savings. Utility cost savings are defined in law to include an installation, modification, or service
that is designed to reduce energy consumption and related operating costs in buildings and other
facilities.
The bill specifies that the boards may also enter into energy cost-savings contracts for increasing
meter accuracy, which is defined as a utility cost-savings measure.
The bill also changes the definition of 'operation and maintenance cost savings' to clarify that the
calculation must be made on a net basis.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Status:4/28/2017 House Third Reading Passed - No Amendments
Fiscal Notes Status:No fiscal impact for this bill
Analyze This
Comments:
No Effect: Fri, March 31, 2017, by jphelan@fcgov.com
(31-Mar-17) The bill's clarification of organization's ability to enter into energy performance contracts
appears to have no impact on the City of Fort Collins or Fort Collins Utilities.
No Effect: Fri, March 31, 2017, by jphelan@fcgov.com
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(31-Mar-17) see above
N/A: Fri, March 31, 2017, by jphelan@fcgov.com
(31-Mar-17) see above
Status History:Status History
Analyze This:Comments
SB17-267 Sustainability Of Rural Colorado
Comment:
Position:Monitor
Calendar
Notification:
Wednesday, May 10 2017
THIRD READING OF BILLS - FINAL PASSAGE
(1) in house calendar.
News:
Sponsors:L. Guzman | J. Sonnenberg / J. Becker | K. Becker
Summary: Section 16 of the bill repeals the existing hospital provider fee program, effective July 1, 2017, and
section 17 creates a new Colorado healthcare affordability and sustainability enterprise (CHASE) within
the department of health care policy and financing (HCPF), effective July 1, 2017, to charge and collect
a healthcare affordability and sustainability fee that functions similarly to the repealed hospital provider
fee. Because CHASE is an enterprise for purposes of the Taxpayer's Bill of Rights (TABOR), its revenue
does not count against the state fiscal year spending limit (Referendum C cap).
Section 17 of the bill also requires CHASE to seek any federal waiver necessary to fund and, in
cooperation with HCPF and hospitals, support the implementation, no earlier than October 1, 2019, of a
health care delivery system reform incentive payments program. Sections 2, 3, 6, 7, 11, 13, 15 through
20, 22, and 32 make conforming amendments, with section 32 extensively modifying FY 2017-18
appropriations to reflect the repeal of the hospital provider fee program and the creation of CHASE.
Section 34 specifies that the effective date of sections 2, 3, 6, 7, 11, 13, 15 through 20, 22, and 32 of the
bill is July 1, 2017, and that those sections do not take effect if the centers for medicare and medicaid
services determine that they do not comply with federal law.
Section 11 of the bill permanently reduces the Referendum C cap by reducing the FY 2017-18
cap by $200 million and specifying that the base amount for calculating the cap for all future state fiscal
years is the reduced FY 2017-18 cap. As is the case under current law, the reduced cap is annually
adjusted for inflation, the percentage change in state population, the qualification or disqualification of
enterprises, and debt service changes.
Section 24 of the bill specifies that for any state fiscal year commencing on or after July 1, 2017,
for which revenue in excess of the reduced Referendum C cap is required to be refunded in accordance
with TABOR, reimbursement for the property tax exemptions for qualifying seniors and disabled
veterans that is paid by the state to local governments for the property tax year that commenced during
the state fiscal year is a refund of such excess state revenue. The exemptions continue to be allowed at
current levels and the state continues to reimburse local governments for local property tax revenue lost
as a result of the exemptions regardless of whether or not there are excess state revenues. Section 27
prioritizes the new TABOR refund mechanism ahead of the existing temporary state income tax rate
reduction refund mechanism as the first mechanism used to refund excess state revenue.
Section 12 of the bill requires the state, on or after July 1, 2018, to execute lease-purchase
agreements, including associated certificates of participation (COPs), for up to $2 billion of eligible
facilities identified collaboratively by the state architect, the office of state planning and budgeting
(OSPB), and state institutions of higher education for the purpose of generating funding for capital
construction projects and transportation projects. The lease-purchase agreements must be issued in
increments of up to $500 million in FYs 2018-19, 2019-20, 2020-21, and 2021-22. The first $120
million of lease-purchase agreement proceeds from the FY 2018-19 issuance must be used to fund
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capital construction projects with most of that amount being dedicated for funding of level I, II, and III
controlled maintenance projects. The first $120 million of lease-purchase agreement proceeds from the
FY 2019-20 issuance must be used for capital construction projects as prioritized by the capital
development committee. Remaining proceeds are credited to the state highway fund and are required by
section 31 to be expended to fund state strategic transportation project investment program projects that
are designated for tier 1 funding as 10-year development program projects on the department's
development program project list, with at least 25% of such proceeds being expended to fund projects
that are located in rural counties. At least 10% of such proceeds must be expended for transit purposes or
for transit-related capital improvements.
The maximum term of the lease-purchase agreements is 20 years, and the maximum total annual
repayment amount for lease-purchase agreements is $150 million. Lease-purchase agreements must be
paid, subject to annual appropriation by the general assembly or annual allocation by the transportation
commission, first from up to $9 million from the general fund or any other legally available source of
money, next from up to $50 million of legally available money under the control of the transportation
commission solely for the purpose of allowing the construction, supervision, and maintenance of state
highways to be funded with the proceeds of lease-purchase agreements, and last from up to $85 million
from the general fund or any other legally available source of money.
Sections 5 and 8 of the bill specify that an academic facility is not eligible for controlled
maintenance funding if it is acquired or constructed, or, if it is an auxiliary facility repurposed for use as
an academic facility, solely from a state institution of higher education's cash and operated and
maintained from such cash funds and if the acceptance of construction or repurposing occurs on or after
July 1, 2018.
Section 29 of the bill, in accordance with previously granted voter approval, increases the rate of
the retail marijuana sales tax, which is currently 10% and is scheduled under current law to decrease to
8%, to 15%, effective July 1, 2017. Section 30 holds local governments that currently receive an
allocation of 15% of state retail marijuana sales tax revenue based on the current tax rate of 10% (i.e. the
amount attributable to a 1.5% tax rate) harmless by specifying that on and after July 1, 2017, they
receive an allocation of 10% of state retail marijuana sales tax revenue based on the new rate of 15%
(i.e., the same amount attributable to a 1.5% tax rate).
Of the 90% of the state retail marijuana sales tax revenue that the state retains for state FY
2017-18:
28.15% less $30 million stays in the general fund;
71.85% is credited to the marijuana tax cash fund; and
$30 million is credited to the state public school fund and distributed to rural school districts as
specified in section 4.
Of the 90% of the state retail marijuana sales tax revenue that the state retains for state fiscal year
2018-19 and for each succeeding state fiscal year:
15.56% stays in the general fund;
71.85% is credited to the marijuana tax cash fund; and
12.59% is credited to the state public school fund and distributed to all school districts as
specified in section 4.
Section 4 of the bill requires the $30 million of state retail marijuana sales tax revenue that is transferred
to the state public school fund for FY 2017-18 to be appropriated to the department of education and
allocated 55% to large rural school districts and 45% to small rural school districts and then distributed
to the large and small rural school districts on a per pupil basis. Section 4 requires all of the state retail
marijuana sales tax revenue that is transferred to the state public school fund for FY 2018-19 and for
each subsequent fiscal year to be distributed to all school districts and institute charter schools as part of
the state share of total program funding. On and after July 1, 2017, section 28 offsets a portion of the
state retail marijuana sales tax rate increase by exempting retail sales of marijuana upon which the state
retail marijuana sales tax is imposed from the 2.9% general state sales tax and section 23 makes a
conforming amendment to ensure that local governments can continue to impose their local general sales
taxes on retail sales of marijuana.
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Section 9 of the bill requires each principal department of state government, other than the
departments of education and transportation, that submits an annual budget request to the OSPB, when
submitting its budget request for FY 2018-19 to the OSPB, to request a total budget for the department
that is at least 2% lower than its actual budget for the FY 2017-18. The OSPB must strongly consider the
budget reduction proposals made by each principal department when preparing the annual executive
budget proposals to the general assembly for the governor and must seek to ensure that the executive
budget proposal for each department for FY 2018-19 is at least 2% lower than the department's actual
budget for FY 2017-18.
Section 10 of the bill eliminates FY 2018-19 and FY 2019-20 general fund transfers to the
highway user tax fund required by current law. The eliminated transfers are in the amounts of $160
million on June 30, 2019, and $160 million on June 30, 2020.
Section 14 of the bill specifies that on and after January 1, 2018, for pharmacy and for hospital
outpatient services, including urgent care centers and facilities and emergency services provided under
the 'Colorado Medical Assistance Act', HCPF rules that specify the amount of copayments for such
services must require the recipient to pay:
For pharmacy, at least double the average amount paid by recipients in state fiscal year 2015-16;
or
For hospital outpatient services, at least double the amount required to be paid as specified in the
rules as of January 1, 2017; except that
For both pharmacy and hospital outpatient services, the amount required to be paid by the
recipient may not exceed any specified maximum dollar amount allowed by federal law or
regulations as of January 1, 2017.
Section 21 of the bill requires HCPF, within 120 days of the enactment of the federal 'Advancing Care
for Exceptional Kids Act' (ACE Kids Act) and subject to available appropriations, to seek any federal
approval necessary to fund, in cooperation with hospitals that meet the specified requirements, the
implementation of an enhanced pediatric health home for children with complex medical conditions.
HCPF must comply with ACE Kids Act requirements for its participation.
Section 25 of the bill terminates an existing temporary income tax credit for business personal
property taxes paid that is available only for income tax years commencing before January 1, 2020, one
year early so that it is available only for income tax years commencing before January 1, 2019. Section
26 replaces the terminated temporary credit with a more generous permanent income tax credit for
business personal property taxes paid on up to $18,000 of the total actual value of a taxpayer's business
personal property.
Section 1 of the bill makes a legislative declaration that all provisions of Senate Bill 17-267
relate to and serve and are necessarily and properly connected to the General Assembly's purpose of
ensuring and perpetuating the sustainability of rural Colorado.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Status:5/9/2017 House Second Reading Special Order - Passed - No Amendments
Fiscal Notes Status:No fiscal impact for this bill
Analyze This
Comments:
Oppose: Tue, April 11, 2017, by Mjackson@fcgov.com
(11-Apr-17) While it is easy to feel for the plight of rural education, taking away critically needed
finanacial resources from aging and inadequate transportation infrastructure needs seems short-sighted at
best. At a time when CDOT and urban and rural communities alike cannot meet needs for maintenance
and improvemetns to transportation infrastructure, a three year halt of contribution to HUTF would have
critical ramifications.
Oppose: Tue, April 11, 2017, by Mjackson@fcgov.com
(11-Apr-17) Providing adequate transporation resources for maintenance and improvement of
infrastrucutre is a Council priority.
Oppose: Tue, April 11, 2017, by Mjackson@fcgov.com
(11-Apr-17) Mark Jackson, Ginny Sawyer
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Status History:Status History
Analyze This:Comments
SB17-278 Prohibit Nuisance Exhibition Motor Vehicle Exhaust
Comment:
Position:Support
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors:D. Coram / J. Ginal
Summary:The bill prohibits engaging in a nuisance exhibition of motor vehicle exhaust, which is the act of
knowingly blowing black smoke through one or more exhaust pipes attached to a motor vehicle with a
gross vehicle weight rating of 14,000 pounds or less in a manner that obstructs or obscures the view of
another driver, a bicyclist, or a pedestrian. A person who violates the prohibition commits a class A
traffic infraction, punishable by a fine of $100.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Status:5/2/2017 House Third Reading Passed - No Amendments
Fiscal Notes Status:No fiscal impact for this bill
Analyze This
Comments:
Status History:Status History
Analyze This:
SB17-279 Applicability Recent Urban Renewal Legislation
Comment:
Position:Support
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors:B. Martinez Humenik | R. Zenzinger / M. Gray | S. Beckman
Summary:The bill clarifies the applicability provisions of legislation enacted in 2015 and 2016 to promote an
equitable financial contribution among affected public bodies in connection with urban redevelopment
projects allocating tax revenues in the following respects:
The bill clarifies that a substantial modification of an urban renewal plan (plan) is a proposed
modification that substantially changes provisions of the plan regarding land area, land use,
authorization to collect incremental tax revenue, the extent of the use of tax increment financing, the
scope or nature of the urban renewal project, the scope of method of financing, design, building
requirements, timing, or procedure, as previously approved, or where the modification will
substantially clarify a plan that, when approved, was lacking in specificity as to the urban renewal
project or financing. If the modification is substantial, the modification is subject to pertinent
requirements of the urban renewal law addressing modifications. For plans to which a pledge of the
revenues deposited into the special fund was made by an indenture or other legally binding
document that is separate from the plan itself prior to January 1, 2016, a pledge to secure the
payment of refunding bonds is not a substantial modification and is not subject to the modification
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requirements of the urban renewal law.
Not less than 30 days prior to approving any modification of a plan, the bill requires the
governing body or an urban renewal authority (authority) to provide a detailed written description of
the proposed modification to each taxing entity that levies taxes on property located within the urban
renewal area and a notice of the date and time of the meeting at which the governing body will
consider the modification. Any taxing entity that levies taxes on property located within the urban
renewal area may file an action in the state district court exercising jurisdiction over the county in
which the urban renewal area is located for an order determining, under a de novo standard of
review, whether the modification is a substantial modification. Further, if requested by the taxing
entity, the court is required to enjoin any action by the authority pursuant to the modification until
the court has determined whether the modification is a substantial modification and, if so, the court
is required to further enjoin any action by the authority until there has been compliance with
statutory provisions addressing the sharing of incremental property tax revenues.
The bill prohibits any action from being brought to enjoin any undertaking or activity of the
authority to a plan, including the issuance of bonds, the incurrence of other financial obligations, or
the pledge of revenue, unless the action is commenced within 45 days after the date the authority
provided notice of its intention regarding such undertaking or activity. The notice must describe the
undertaking or activity proposed to be engaged in by the authority and specify that any action to
enjoin the undertaking or activity must be brought within 45 days from the date of the notice. The
notice must be published one time in a newspaper of general circulation within the county. On or
before the date of publication of the notice, the bill also requires the authority to mail a copy of the
notice to each taxing entity that levies taxes on property within the urban renewal area.
Finally, the bill clarifies that legislation enacted in 2015 to promote an equitable financial
contribution among affected public bodies in connection with urban redevelopment projects
allocating tax revenues, legislation adopted in 2016 to clarify such 2015 legislation, and the bill
apply to municipalities, authorities, and any plans created on or after January 1, 2016, and to any
substantial modification of any plan approved on or after January 1, 2016.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second
house.)
Status:4/28/2017 House Third Reading Passed - No Amendments
Fiscal Notes Status:No fiscal impact for this bill
Analyze This
Comments:
Support: Mon, April 17, 2017, by prowe@fcgov.com
(17-Apr-17) SB17-279 clarifies and addresses confusion caused by the applicability section of HB-1348
pertaining to Urban Renewal Authorities. The implications of HB-1348, for good or bad, are still largely
outstanding. Even so, adequately clarifying when/where it is applicable is critical and this bill
satisfactorily accomplishes this.
Support: Mon, April 17, 2017, by prowe@fcgov.com
(17-Apr-17) For reasons stated in the "Impact on City Operations" question, this legislation is consistent
with City policy aims.
N/A: Mon, April 17, 2017, by prowe@fcgov.com
(17-Apr-17) Patrick Rowe, Redevelopment Coordinator.
Status History:Status History
Analyze This:Comments
SB17-303 State Highway System Funding And Financing
Comment:
Position:
Calendar
Notification:
NOT ON CALENDAR
News:Colorado lawmakers mount effort to expand alcohol sales in liquor stores and big box retailers
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Sponsors:J. Cooke | T. Neville / C. Wist | P. Neville
Summary:On and after July 1, 2017, section 4 of the bill requires 10% of the net revenue generated by existing
state sales and use taxes to be credited to the highway users tax fund, paid to the state highway fund for
allocation to the department of transportation (CDOT), and spent by CDOT first to make payments due
on any transportation revenue notes (TRANs) issued, subject to voter approval, as required by section 7
and, to the extent not needed for that purpose, for highway purposes or highway-related capital
improvements as specified in section 6. Section 7 requires the submission of a ballot question to the
voters of the state at the November 2017 statewide election, which, if approved, requires the executive
director of CDOT to issue TRANs in a maximum principal amount of $3.5 billion and with a maximum
repayment cost of $5.5 billion. TRANs must have a maximum repayment term of 20 years and must be
paid first from the net state sales and use tax revenue paid to the state highway fund and allocated to
CDOT by section 4 and thereafter from any legally available money under the control of the
transportation commission. Section 8 requires TRANs proceeds to be used only to provide sufficient
funding for the completion of economically and regionally significant state highway system projects
throughout the state, including a specific list of projects.
Section 2 eliminates required statutory transfers from the general fund to the capital construction
fund and the highway users tax fund for state fiscal years 2017-18, 2018-19, and 2019-20. Section 3
requires CDOT rules that govern the consideration of contractor bids for CDOT projects to require
consideration of all bids submitted by prequalified contractors and prohibit shortlisting. Section 5
requires CDOT, with respect to any transportation projects for which it awards a competitively bid
contract on or after July 1, 2018, to report on its public website within 30 days of the contract award and
maintain on its website for at least one year thereafter all information, excluding specific corporate
financial information, from all bidders submitted in response to its invitation for bids for the project.
(Note: This summary applies to this bill as introduced.)
Status:5/9/2017 Senate Second Reading Laid Over with Amendments to 05/11/2017 - Committee
Fiscal Notes Status:No fiscal impact for this bill
Analyze This
Comments:
Actively Monitor: Tue, May 02, 2017, by Mjackson@fcgov.com
(02-May-17) The intent of the legislation to identify revenues specifically for transportation
infrastructure is good. It allows for voters to decide on issuance of TRANs bonds, and sets aside a
mandatory 10% of revenue from state sales and use tax for transportation. There is no discussion
however of what current state expenses, programs and projects will be cut or reduced to make room for
these transportation investments. There are no new revenue sources (taxes) provided. It is uncertain if
this is fiscally feasible or politically attainable.
Actively Monitor: Tue, May 02, 2017, by Mjackson@fcgov.com
(02-May-17) Improving transportation systems support Council legislative policy. The question becomes
what other programs arecut if no new expenses are brought to the table. This could (unknown) run
contrary to other Council priorities.
Actively Monitor: Tue, May 02, 2017, by Mjackson@fcgov.com
(02-May-17) Mark Jackson
Status History:Status History
Analyze This:Comments
Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View...
40 of 40 5/10/17, 1:43 PM
Updated: May 2, 2017
Bill # Short Title
Staff
Rec'd
Position
City
Adopted
Position
CC4CA
Position
Date
Intro'd
1st
Committee 2nd Com.
2nd
Reading
3rd
Reading
1st
Committee 2nd Com
2nd
Reading
3rd
Reading
First
House
Repass
Conf.
Cmte Governor
HB 1008 Graywater Regulation Exemption For Scientific Research Support* Monitor 1/11 Ag 3/15 3/20 3/21 Ag 4/6 4/11 4/12 5/8
HB 1016 Exclude Value Mineral Resources Tax Increment Financing DivisionMonitor Monitor 1/11 LG 1/18 F 2/1 2/6 2/7 LG 2/21 2/24 2/27 3/8
HB 1032 First Responder Peer Support Testimony Privilege Support Support 1/11 Jud 1/26 1/31 2/2 Jud 2/27 3/2 3/3 3/3 3/16
HB 1035 Sex Assault and Stalking Victims may Break Lease Monitor Support 1/11 Jud 2/7 2/13 2/15 Jud 3/15 3/20 3/21 3/29 4/21
HB 1051 Procurement Code Modernization Monitor Monitor 1/11 BL 2/28 3/3 3/6 BL 3/15 3/20 3/21 4/4
HB 1065 Clarify Requirements Formation Metropolitan District Monitor Monitor 1/11 LG 2/1 2/6 2/7 LG 3/7 3/10 3/13 3/23
HB 1076 Artificial Recharge Nontributary Aquifer Rules Support Support 1/17 Ag 1/30 2/3 2/6 Ag 3/9 3/14 3/15 3/30
HB 1083 Municipal Judge Advisement for Traffic Offenses Support Support 1/18 Jud 2/21 2/24 2/27 Jud 3/20 3/27 3/28 4/13
HB 1116 Continue Low Income Home Energy Assistance Support Monitor Support 1/20 Trans 2/16 3/7 3/9 AG 3/23 5/9
HB 1123 Extend On-premises Retail Alcohol Beverages Sales Hours Monitor Monitor 1/24 LG 2/8 2/13 2/15 BL 3/24 5/11
HB 1151 Electrical Assisted Bicycles Regulation Operation Monitor Monitor 2/6 Trans 2/15 2/22 2/23 Trans 3/14 3/21 3/22 4/4
HB 1162 Outstanding Judgments And Driver's Licenses Oppose Oppose 2/6 Jud 3/21 5/8
HB 1177 Mediation For Disputes Arising Under CORA Colorado Open Records Act* Oppose 2/6 SA 3/16 3/21 3/22 SA 4/5 4/7 4/10 5/4
HB 1190 Limited Applicability Of St. Jude's Co. Water Case Support Support 2/17 Ag 3/13 4/3 4/4 Ag 4/20 4/25 4/26 4/27
HB 1193 Small Cell Facilities Permitting And Installation Monitor* Oppose 2/21 BL 2/21 3/3 3/7 LG 3/21 3/28 3/29 4/18
HB 1203 Local Government Special Sales Tax On Retail Marijuana Monitor* Support 2/23 LG 3/8 3/13 3/24 4/4 4/10 4/11 4/17 5/4
HB 1216 Sales And Use Tax Simplification Task Force * Monitor 2/28 BL 3/21 Ap 4/13 4/14 4/17 F 4/25 5/9
HB 1219 Extend Colorado Water Conservation Board Fallowing And Leasing Pilot Program Monitor Monitor 3/2 Ag 3/20 3/28 3/29 Ag 4/6 4/11 4/12
HB 1229 Worker's Compensation for Mental Impairment * Monitor 3/6 HE 3/21 3/24 3/27 4/18 4/19
HB 1233 Protect Water Historical Consumptive Use Analysis Monitor Monitor 3/7 Ag 3/20 3/23 3/24 Ag 4/6 4/11 4/12 4/17
HB 1275 Increase Solid Waste Diversion Support Support 3/17 Trans 4/13 4/26
HB 1279 Construction Defect Actions Notice Vote Approval Amend Monitor 3/17 SA 4/19 4/21 4/24 5/4
HB 1291 Alternate Storage Not Change If Already Quantified Support Support 3/24 Ag 4/17 4/21 4/24 5/3
HB 1306 Test Lead In Public Schools' Drinking Water Support 3/29 Ed 4/17 Ap 4/18 4/25 4/26 5/9
HB 1309 Documentary Fee To Fund Affordable Housing Support Oppose 3/31 LG 4/26
HB 1316 Delay Implementation of HB 16-1309 Support Support 4/4 Jud 4/13 4/19 4/20 Jud 4/24 4/26 4/28
HB 1321 Parks And Wildlife Financial Sustainability Support Support 4/5 Ag 4/17 F 4/19 4/27
HB 1333 Seal Criminal Records Of Marijuana Offenses 4/11
HB 1338 Municipal Court Bond Hold Notification and Hearing Monitor Monitor 5/9
HB 1348 Prohibit HOV Vehivle 3 Requirement North I-25 Express Lane Oppose Monitor
HB 1349 Assessment Ratio For Residential Property Monitor Monitor 5/9
HB 1362 Plan For Addressing Statewide Infrastructure Needs Support Support
SB 014 Limits On Underground Storage Tank Regulation Oppose* Monitor 1/11 Trans 1/31 2/3 2/6 Trans 5/4
SB 021 Assistance To Released Mentally Ill Offenders Support Monitor 1/11 Jud 3/15 5/10
SB 040 Public Access To Government Files Monitor*
Oppose
unless
Amended 1/11 SA 3/1 Ap 3/14 3/21 3/22 F 4/24
SB 045 Construction Defect Claim Allocation Of Defense Costs Support Support 1/11 BL 2/8 Ap
SB 082 Regulation Of Methadone Treatment Facilities Support* Monitor 1/13 HE 4/12 4/18 4/20 SA 4/27
SB 112 Sales & Use Tax Payment To Wrong Local Government * Monitor 1/27 F 2/9 2/13 2/14 LG 3/22 3/28 3/29 3/30 4/18
SB 117 Recognize Industrial Hemp Agricultural Product For Agricultural Water RightOppose* Oppose 1/27 Ag 3/15 3/21 3/22 Ag 4/17 4/21 4/24
SB 134 Alcohol Beverage Licensee Penalty Application Monitor Monitor 1/31 BL 2/14 2/17 2/21 BL 3/7 3/10 3/15 3/15 3/30
City of Fort Collins Legislative Tracking
General Assembly Session 2017
First House Second House
Bill # Short Title
Staff
Rec'd
Position
City
Position
Date
Intro'd
1st
Committee
2nd
Committe
e
2nd
Reading
3rd
Reading
1st
Committee
2nd
Committ
ee
2nd
Reading
3rd
Reading
First
House
Repass
Conf.
Cmte Governor
SB 155 Statutory Definition Of Construction Defect Support Support 2/3 5/11
SB 179 Fee Limits For Solar Energy Device Installations Oppose* Oppose 2/14 F 2/23 2/28 3/1 Trans 2/23 3/31 4/3 4/28
SB 184 Private Marijuana Clubs Open And Public Use Monitor Oppose 2/14 BL 3/1 3/8 3/9 F 3/20 4/13 4/18 5/4
SB 188 Repeal Income Tax Credit Innovative Motor Vehicles Oppose Oppose 2/14 F 2/28 5/11
SB 192 Marijuana Business Efficiency Measures Oppose*Oppose 2/14 BL 3/8 F 2/16 4/11 4/12 F 5/1
SB 213 Automated Driving Motor Vehicles *Monitor 3/7 Trans 3/16 3/21 3/22 Trans 3/29 4/3 4/4 4/11
SB 247 Electricians Inspectors Licensing Qualifications Monitor Monitor 3/16 BL 3/27 4/3 4/5 BL 4/13 4/18 4/19 5/3
SB 252 Utility Cost-saving Contract For Local Governments Monitor Monitor 3/16 LG 3/23 3/28 3/31 LG 4/26 4/28
SB 267 Sustainability Of Rural Colorado Oppose Monitor 3/27 F 4/11 Ap 4/27 5/9
SB 278 Prohibit Nuisance Exhibition Motor Vehicle Exhaust Support Support 3/31 Trans 4/11 4/18 4/19 HE 4/27 5/2
SB 279 Applicability Recent Urban Renewal Legislation Support Support 3/31 LG 4/6 4/11 4/12 BL 4/25 4/28
SB 303 State Highway System funding and Financing Monitor 5/11
City positions Bill Action Summary
Scheduled for action (yellow)
Support (green)Legislative committee action not scheduled (no fill)
Oppose (red)
Amend (blue)
Monitor (no fill)
Committee Abbreviations
Ag = agriculture and natural resources committee
Ap = appropriations committee Jud = judiciary committee
BL = Business, labor and econ development committee LG = local government committee
Ed = education committee SA = state, veterans and military affairs committee
CC = conference committee Trans = transportation and energy committee
*Further comments available F = finance committee UA = upon adjournment
HE = health care and environment committeee UR = upon recess
Bill no longer active (gray)
Bill passed, date of action (green)
First House Second House
Bill scheduled in committee of reference (yellow)
Bill status
Legislative committee action scheduled, date and time (yellow)
Bill postponed indefinitely or lost, date of action (red)
Bill did not go on to second committee or no action required (black)
Bill waiting 2nd/3rd reading or not calendared (no fill)
Bill signed by Governor (green)