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HomeMy WebLinkAboutAgenda - Full - Legislative Review Committee - 07/11/2017 - 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 July 11, 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 2. Agenda Review (3 minutes) 3. Recommendation to Leadership Planning Team related to Small Cell Infrastructure Bill (15 minutes) Item recommended by Mayor Troxell related to concerns heard about this bill’s impact and potential need for moratorium Attached: HB 17-1193 4. Discussion about current federal issues and potential September trip to Washington, D.C. (15 minutes) NLC budget lobbying requests Halligan Reservoir 5. Process Improvements for 2018 state legislative session (20 minutes) 6. Other business (5 minutes) Other attachments: 1. Summary of June 2017 State Revenue Forecast as produced by Bowditch and Cassell. 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. (-C',Ikil', 1/4_7'c)) „...........?..,,,,----(.... HOUSE BILL 17-1193 BY REPRESENTATIVE(S) Kraft-Tharp and Becker J., Arndt, Becker K., Danielson, Ginal, Hansen, Hooton, Kennedy, McKean, Melton, Pabon, Van Winkle, Gray, Lontine, Wilson, Duran; also SENATOR(S) Tate and Kerr, Crowder, Donovan, Fields, Garcia, Guzman, Hill, Holbert, Jahn, Kefalas, Lundberg, Marble, Martinez Humenik, Merrifield, Neville T., Priola, Scott, Todd, Williams A., Zenzinger, Grantham. CONCERNING THE INSTALLATION OF SMALL WIRELESS SERVICE INFRASTRUCTURE WITHIN A LOCAL GOVERNMENT'S JURISDICTION, AND, IN CONNECTION THEREWITH, CLARIFYING THAT AN EXPEDITED PERMITTING PROCESS APPLIES TO SMALL CELL FACILITIES AND SMALL CELL NETWORKS AND THAT THE RIGHTS-OF-WAY ACCESS AFFORDED TELECOMMUNICATIONS PROVIDERS EXTENDS TO BROADBAND PROVIDERS AND TO SMALL CELL FACILITIES AND SMALL CELL NETWORKS. Be it enacted by the General Assembly of the State of Colorado: SECTION I. In Colorado Revised Statutes, 29-27-401, add (2) as follows: 29-27-401. Legislative declaration. (2) THE GENERAL ASSEMBLY Capital letters indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material not part of act. FURTHER FINDS AND DECLARES THAT: (a) SMALL CELL FACILI LIES OFTEN MAY BE DEPLOYED MOST EFFECTIVELY IN THE PUBLIC RIGHTS-OF-WAY; AND (b) ACCESS TO LOCAL GOVERNMENT STRUCTURES IS ESSENTIAL TO THE CONSTRUCTION AND MAINTENANCE OF WIRELESS SERVICE FACILITIES OR BROADBAND FACILITIES. SECTION 2. In Colorado Revised Statutes, 29-27-402, amend (1), (4), and (7); and add (1.5), (3.5), and (6.5) as follows: 29-27-402. Definitions. As used in this part 4, unless the context otherwise requires: (1) "l3leadLand facility" incans any In astructum asccl to deIot i broadband-service-or forthc -prtrvision of brvadltaild scrvice: "ANTENNA" MEANS COMMUNICATIONS EQUIPMENT THAT TRANSMITS OR RECEIVES ELECTROMAGNETIC RADIO FREQUENCY SIGNALS USED TO PROVIDE WIRELESS SERVICE. (1.5) "BROADBAND FACILITY" MEANS ANY INFRASTRUCTURE USED TO DELIVER BROADBAND SERVICE OR FOR THE PROVISION OF BROADBAND SERVICE. (3.5) "MICRO WIRELESS FACILITY" MEANS A SMALL WIRELESS FACILITY THAT IS NO LARGER IN DIMENSIONS THAN TWENTY-FOUR INCHES IN LENGTH, FIFTEEN INCHES IN WIDTH, AND TWELVE INCHES IN HEIGHT AND THAT HAS AN EXTERIOR ANTENNA, IF ANY, THAT IS NO MORE THAN ELEVEN INCHES rN LENGTH. (4) (a) "Small cell facility" means either: fa-) (I) A personal wireless service facility as defined by the federal "Telecommunications Act of 1996", as amended as of August 6, 2014; or (b) (II) A wireless service facility that meets both of the following qualifications: (1) (A) Each antenna is located inside an enclosure of no more than PAGE 2-HOUSE BILL 17-1193 three cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three cubic feet; and (H) (B) Primary equipment enclosures are no larger than seventeen cubic feet in volume. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: Electric meter, concealment, telecommunications demarcation box, ground-based enclosures, back-up power systems, grounding equipment, power transfer switch, and cut-off switch. (b) "SMALL CELL FACILITY" INCLUDES A MICRO WIRELESS FACILITY. (6.5) "TOWER" MEANS ANY STRUCTURE BUILT FOR THE SOLE OR PRIMARY PURPOSE OF SUPPORTING ANTENNAS LICENSED OR AUTHORIZED BY THE FEDERAL COMMUNICATIONS COMMISSION AND THE ANTENNAS' ASSOCIATED FACILITIES, INCLUDING STRUCTURES THAT ARE CONSTRUCTED FOR WIRELESS COMMUNICATIONS SERVICES INCLUDING PRIVATE, BROADCAST, AND PUBLIC SAFETY SERVICES; UNLICENSED WIRELESS SERVICES; FIXED WIRELESS SERVICES SUCH AS BACKHAUL; AND THE ASSOCIATED SITE. (7) "Wireless service facility" means a facility for the provision of wireless services; EXCEPT THAT "WIRELESS SERVICE FACILITY" DOES NOT INCLUDE COAXIAL OR FIBER-OPTIC CABLE THAT IS NOT IMMEDIATELY ADJACENT TO, OR DIRECTLY ASSOCIATED WITH, A PARTICULAR ANTENNA. SECTION 3. In Colorado Revised Statutes, 29-27-403, amend (1) and (3) as follows: 29-27-403. Permit - approval - deadline - exception. (1) A local government may take up to: (a) NINETY DAYS TO PROCESS A COMPLETE APPLICATION FOR: (I) LOCATION OR COLLOCATION OF A SMALL CELL FACILITY OR A SMALL CELL NETWORK; OR (II) REPLACEMENT OR MODIFICATION OF A SMALL CELL FACILITY OR PAGE 3-HOUSE BILL 17-1193 FACILITIES OR SMALL CELL NETWORK. (a) (b) Ninety days to process a complete application that involves a collocation of a tower, building, structure, or replacement structure OTHER THAN A SMALL CELL FACILITY OR SMALL CELL NETWORK; or (b) (c) One hundred fifty days to process a complete application that involves a new structure or a new wireless service facility, OTHER THAN A SMALL CELL FACILITY OR SMALL CELL NETWORK AND other than a collocation. (3) An applicant and a local government ENTITY may mutually agree that an application may be processed in a longer period than set forth in subsection (1) of this section. SECTION 4. In Colorado Revised Statutes, 29-27-404, amend (1) and (2) introductory portion; and add (3) as follows: 29-27-404. Permit process. (1) (a) For small cell networks involving multiple individual small cell facilities within the jurisdiction of a single local government ENTITY, the local government ENTITY shall allow the applicant, at the applicant's discretion, to file a consolidated application and receive a single permit for the small cell network instead of filing separate applications for each individual small cell facility. (b) FOR A CONSOLIDATED APPLICATION FILED PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION, EACH SMALL CELL FACILITY WITHIN THE CONSOLIDATED APPLICATION REMAINS SUBJECT TO REVIEW FOR COMPLIANCE WITH OBJECTIVE REQUIREMENTS AND APPROVAL AS PROVIDED IN THIS ARTICLE 27. THE LOCAL GOVERNMENT'S DENIAL OF ANY INDIVIDUAL SMALL CELL FACILITY IS NOT A BASIS TO DENY THE CONSOLIDATED APPLICATION AS A WHOLE OR ANY OTHER SMALL CELL FACILITY INCORPORATED WITHIN THE CONSOLIDATED APPLICATION. (2) If a wireless service provider applies to LOCATE OR collocate several wireless service facilities within the jurisdiction of a single local government ENTITY, the local government ENTITY shall: (3) THE SITING, MOUNTING, PLACEMENT, CONSTRUCTION, AND OPERATION OF A SMALL CELL FACILITY OR A SMALL CELL NETWORK IS A PAGE 4-HOUSE BILL 17-1193 PERMITTED USE BY RIGHT IN ANY ZONE. SECTION 5. In Colorado Revised Statutes, amend 38-5.5-102 as follows: 38-5.5-102. Definitions. As used in this cuticle ARTICLE 5.5, unless the context otherwise requires: (1) "Broadband" or "broadband service" has the same meaning as set forth in 7 U.S.C. sec. 950bb (b)(1) as of August 6, 2014, and includes "cable service", as defined in 47 U.S.C. sec. 522 (6) as of August 6, 2014. . (2) "Broadband facility" means any infrastructure used to deliver broadband service or for the provision of broadband service. . (3) "Broadband provider" means a person that provides broadband service, and includes a "cable operator", as defined in 47 U.S.C. sec. 522 (5) as of August 6, 2014. (4) "COLLOCATION" HAS THE SAME MEANING AS SET FORTH IN SECTION 29-27-402 (3). 07-7) (5) "Political subdivision" OR "LOCAL GOVERNMENT ENTITY" means a county; city and county; city; town; service authority; school district; local improvement district; law enforcement authority; water, sanitation, fire protection, metropolitan, irrigation, drainage, or other special district; or any other kind of municipal, quasi-municipal, or public corporation organized pursuant to law. (2) (6) "Public highway" or "highway" for purposes of this al It, t.., ARTICLE 5.5 includes all roads, streets, and alleys and all other dedicated rights-of-way and utility easements of the state or any of its political subdivisions, whether located within the boundaries of a political subdivision or otherwise. (7) "SMALL CELL FACILITY" HAS THE SAME MEANING AS SET FORTH IN SECTION 29-27-402 (4). (8) "SMALL CELL NETWORK" HAS THE SAME MEANING AS SET FORTH IN SECTION 29-27-402 (5). PAGE 5-HOUSE BILL 17-1193 (3) (9) "Telecommunications provider" or mprovidcr" means a person that provides telecommunications service, as defined in section 40-15-102 (29), C.R.S., with the exception of cable services as defined by section 602 (5) of the federal "Cable Communications Policy Act of 1984", 47 U.S.C. sec. 522 (6), pursuant to authority granted by the public utilities commission of this state or by the federal communications commission. "Telecommunications provider" IA "provider" does not mean a person or business using antennas, support towers, equipment, and buildings used to transmit high power over-the-air broadcast of AM and FM radio, VHF and UHF television, and advanced television services, including high definition television. The term "telecommunications provider" is synonymous with "telecommunication provider". SECTION 6. In Colorado Revised Statutes, amend 38-5.5-103 as follows: 38-5.5-103. Use of public highways - discrimination prohibited - content regulation prohibited. (1) (a) Any domestic or foreign telecommunications provider or broadband provider authorized to do business under the laws of this state shall have HAS the right to construct, maintain, and operate conduit, cable, switches, and related appurtenances and facilities, AND COMMUNICATIONS AND BROADBAND FACILITIES, INCLUDING SMALL CELL FACILITIES AND SMALL CELL NETWORKS, along, across, upon, ABOVE, and under any public highway in this state, subject to the-provisions-ofthis article ARTICLE 5.5 and of article 1.5 of title 9. . . ., and (b) The construction, maintenance, operation, and regulation of such THE facilities DESCRIBED IN SUBSECTION (1)(a) OF THIS SECTION, including the right to occupy and utilize the public rights-of-way, by telecommunications providers and broadband providers are lik.,feliy di..A.laied to b matters of statewide concern. Such THE facilities shall be so constructed and maintained SO as not to obstruct or hinder the usual travel on such A highway. (2) No A political subdivision shall NOT discriminate among or grant a preference to competing telecommunications providers OR BROADBAND PROVIDERS in the issuance of permits or the passage of any ordinance for the use of its rights-of-way, nor create or erect any unreasonable requirements for entry to the rights-of-way for such THE PAGE 6-HOUSE BILL 17-1193 providers. (3)No A political subdivision shall NOT regulate A telecommunications ylovidcla PROVIDER OR A BROADBAND PROVIDER based upon the content or type of signals that are carried or capable of being carried over the provider's facilities; except that nothing in this subsection (3) ahall Lc consti acd to prcw,nt such PREVENTS regulation by a political subdivision when the authority to so regulate has been granted to the political subdivision under federal law. SECTION 7. In Colorado Revised Statutes, amend 38-5.5-104 as follows: 38-5.5-104. Right-of-way across state land. Any domestic or foreign telecommunications provider OR BROADBAND PROVIDER authorized to do business under the laws of this state allall llav HAS the right to construct, maintain, and operate lines of communication, switches, and related facilities, AND COMMUNICATIONS AND BROADBAND FACILITIES, INCLUDING SMALL CELL FACILI I ibS AND SMALL CELL NETWORKS, and obtain A permanent right-of-way ti141 klvi FOR THE FACILITIES over, upon, under, and across all public lands owned by or under the control of the state, upon the payment of Nuch just compensation and upon compliance with such reasonable conditions as may—be—required—by the state board of land commissioners MAY REQUIRE. SECTION 8. In Colorado Revised Statutes, add 38-5.5-104.5 as follows: 38-5.5-104.5. Use of local government entity structures. (1) EXCEPT AS PROVIDED IN SUBSECTION (2) OF THIS SECTION AND SUBJECT TO THE REQUIREMENTS AND LIMITATIONS OF THIS ARTICLE 5.5, SECTIONS 29-27-403 AND 29-27-404, AND A LOCAL GOVERNMENT ENTITY'S POLICE POWERS, A TELECOMMUNICATIONS PROVIDER OR A BROADBAND PROVIDER HAS THE RIGHT TO LOCATE OR COLLOCATE SMALL CELL FACILITIES OR SMALL CELL NETWORKS ON THE LIGHT POLES, LIGHT STANDARDS, TRAFFIC SIGNALS, OR UTILITY POLES IN THE RIGHTS-OF-WAY OWNED BY THE LOCAL GOVERNMENT ENTITY; EXCEPT THAT, A SMALL CELL FACILITY OR A SMALL CELL NETWORK SHALL NOT BE LOCATED OR MOUNTED ON ANY APPARATUS, POLE, OR SIGNAL WITH TOLLING COLLECTION OR ENFORCEMENT EQUIPMENT ATTACHED. PAGE 7-HOUSE BILL 17-1193 (2) IF, AT ANY TIME, THE CONSTRUCTION, INSTALLATION, OPERATION, OR MAINTENANCE OF A SMALL CELL FACILITY ON A LOCAL GOVERNMENT ENTITY'S LIGHT POLE, LIGHT STANDARD, TRAFFIC SIGNAL, OR UTILITY POLE FAILS TO COMPLY WITH APPLICABLE LAW, THE LOCAL GOVERNMENT ENTITY, BY PROVIDING THE TELECOMMUNICATIONS PROVIDER OR THE BROADBAND PROVIDER NOTICE AND A REASONABLE OPPORTUNITY TO CURE THE NONCOMPLIANCE, MAY: (a) CAUSE THE ATTACHMENT ON THE AFFECTED STRUCTURE TO BE REMOVED; AND (b) PROHIBIT FUTURE, NONCOMPLIANT USE OF THE LIGHT POLE, LIGHT STANDARD, TRAFFIC SIGNAL, OR UTILITY POLE. (3) (a) EXCEPT AS PROVIDED IN SUBSECTIONS (3)(b) AND (3)(c) OF THIS SECTION, A LOCAL GOVERNMENT ENTITY SHALL NOT IMPOSE ANY FEE OR REQUIRE ANY APPLICATION OR PERMIT FOR THE INSTALLATION, PLACEMENT, OPERATION, MAINTENANCE, OR REPLACEMENT OF MICRO WIRELESS FACILITIES THAT ARE SUSPENDED ON CABLE OPERATOR-OWNED CABLES OR LINES THAT ARE STRUNG BETWEEN EXISTING UTILITY POLES IN COMPLIANCE WITH NATIONAL SAFETY CODES. (b) A LOCAL GOVERNMENT ENTITY WITH A MUNICIPAL OR COUNTY CODE THAT REQUIRES AN APPLICATION OR PERMIT FOR THE INSTALLATION OF MICRO WIRELESS FACILITIES MAY, BUT IS NOT REQUIRED TO, CONTINUE THE APPLICATION OR PERMIT REQUIREMENT SUBSEQUENT TO THE EFFECTIVE DATE OF THIS SECTION. (c) A LOCAL GOVERNMENT ENTITY MAY REQUIRE A SINGLE-USE RIGHT-OF-WAY PERMIT IF THE INSTALLATION, PLACEMENT, OPERATION, MAINTENANCE, OR REPLACEMENT OF MICRO WIRELESS FACILITIES: (I) INVOLVES WORKING WITHIN A HIGHWAY TRAVEL LANE OR REQUIRES THE CLOSURE OF A HIGHWAY TRAVEL LANE; (11) DISTURBS THE PAVEMENT OR A SHOULDER, ROADWAY, OR DITCH LINE; (111) INCLUDES PLACEMENT ON LIMITED ACCESS RIGHTS-OF-WAY; OR PAGE 8-HOUSE BILL 17-1193 (IV) REQUIRES ANY SPECIFIC PRECAUTIONS TO ENSURE THE SAFETY OF THE TRAVELING PUBLIC; THE PROTECTION OF PUBLIC INFRASTRUCTURE; OR THE OPERATION OF PUBLIC INFRASTRUCTURE; AND SUCH ACTIVITIES EITHER WERE NOT AUTHORIZED IN, OR WILL BE CONDUCTED IN A TIME, PLACE, OR MANNER THAT IS INCONSISTENT WITH, THE APPROVAL TERMS OF THE EXISTING PERMIT FOR THE FACILITY OR STRUCTURE UPON WHICH THE MICRO WIRELESS FACILITY IS ATTACHED. SECTION 9. In Colorado Revised Statutes, amend 38-5.5-105 as follows: 38-5.5-105. Power of companies to contract. Any domestic or foreign telecommunications provider shall-have OR BROADBAND PROVIDER HAS THE power to contract with any ii,..ivil ui INDIVIDUAL; corporation; OR the owner of any lands, or any franchise, easement, or interest therein over or under which the provider's conduits; cable; switches; and COMMUNICATIONS OR BROADBAND FACILITIES, INCLUDING SMALL CELL FACILITIES AND SMALL CELL NETWORKS; OR related appurtenances and facilities are proposed to be laid or created for the right-of-way for the construction, maintenance, and operation of such THE facilities and OR for the erection, maintenance, occupation, and operation of offices at suitable distances for the public accommodation. SECTION 10. In Colorado Revised Statutes, amend 38-5.5-106 as follows: 38-5.5-106. Consent necessary for use of streets. (1) (a) Nco uu6 in This male shall be ,-oilAiacd to ARTICLE 5.5 DOES NOT authorize any telecommunications provider OR BROADBAND PROVIDER to erect, WITHIN A POLITICAL SUBDIVISION, any poles or construct any COMMUNICATIONS OR BROADBAND FACILITIES, INCLUDING SMALL CELL FACILITIES AND SMALL CELL NETWORKS; conduit; cable; switch; or related appurtenances and facilities along, through, in, upon, under, or over any public highway witlaui a p li ; i6ivir without first obtaining the consent of the authorities having power to give the consent of such THE political subdivision. (b) A telecommunications provider OR BROADBAND PROVIDER that, on or before Apiil 12, 1996 JULY 1, 2017, either has obtained consent of the political subdivision having power to give such consent or is lawfully PAGE 9-HOUSE BILL 17-1193 occupying a public highway in a political subdivision shall NEED not be i quiccd tv apply for additional or continued consent of such THE political subdivision under this section. (0 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A POLITICAL SUBDIVISION'S CONSENT GIVEN TO A TELECOMMUNICATIONS PROVIDER OR A BROADBAND PROVIDER TO ERECT OR CONSTRUCT ANY POLES, OR TO LOCATE OR COLLOCATE COMMUNICATIONS AND BROADBAND FACILITIES ON VERTICAL STRUCTURES IN A RIGHT-OF-WAY, DOES NOT EXTEND TO THE LOCATION OF NEW FACILITIES OR TO THE ERECTION OR CONSTRUCTION OF NEW POLES IN A RIGHT-OF-WAY NOT SPECIFICALLY REFERENCED IN THE GRANT OF CONSENT. (2) (a) THE consent OF A POLITICAL SUBDIVISION for the use of a public highway within a political SUbdiVISIOn. ITS JURISDICTION shall be based upon a lawful exercise of the ITS police power of such political bu iv "iivii and shall not be unreasonably withheld. nor (b) A POLITICAL SUBDIVISION shall NOT CREATE any preference or disadvantage be crtatcd through the granting or withholding of such ITS consent. A POLITICAL SUBDIVISION'S DECISION THAT A VERTICAL STRUCTURE IN THE RIGHT-OF-WAY, INCLUDING A VERTICAL STRUCTURE OWNED BY A MUNICIPALITY, LACKS SPACE OR LOAD CAPACITY FOR COMMUNICATIONS OR BROADBAND FACILITIES, OR THAT THE NUMBER OF ADDITIONAL VERTICAL STRUCTURES IN THE RIGHTS-OF-WAY SHOULD BE REASONABLY LIMITED, CONSISTENT WITH PROTECTION OF PUBLIC HEALTH, SAFETY, AND WELFARE, DOES NOT CREATE A PREFERENCE FOR OR DISADVANTAGE ANY TELECOMMUNICATIONS PROVIDER OR BROADBAND PROVIDER, PROVIDED THAT SUCH DECISION DOES NOT HAVE THE EFFECT OF PROHIBITING A PROVIDER'S ABILITY TO PROVIDE SERVICE WITHIN THE SERVICE AREA OF THE PROPOSED FACILITY. SECTION 11. In Colorado Revised Statutes, 38-5.5-107, amend (7) as follows: 38-5.5-107. Permissible taxes, fees, and charges. (7) As used in this section, "public highway" or "highway" as otherwise defined in section 38-5.5-102 (-2-) (6) does not include excess and remainder rights-of-way under the department of transportation's jurisdiction. PAGE 10-HOUSE BILL 17-1193 SECTION 12. In Colorado Revised Statutes, amend 38-5.5-108 as follows: 38-5.5-108. Pole attachment agreements - limitations on required payments. (1) No NEITHER A LOCAL GOVERNMENT ENTITY NOR A municipally owned utility shall request or receive from a telecommunications provider, BROADBAND PROVIDER, or a cable television provider, as defined in section 602 (5) of the federal "Cable Communications Policy Act of 1984", in exchange for permission to attach SMALL CELL FACILITIES, BROADBAND DEVICES, OR telecommunications devices to poles OR STRUCTURES IN A RIGHT-OF-WAY, any payment in excess of the amount that would be authorized if the LOCAL GOVERNMENT ENTITY OR municipally owned utility were regulated pursuant to 47 U.S.C. sec. 224, as amended. (2) No A municipality shall NOT request or receive from a telecommunications provider ORA BROADBAND PROVIDER, in exchange for or as a condition upon a grant of permission to attach telecommunications OR BROADBAND devices to poles, any in-kind payment. SECTION 13. Effective date - applicability. This act takes effect July 1, 2017, and applies to permit applications received on or after said date. SECTION 14. Safety clause. The general assembly hereby finds, PAGE 11-HOUSE BILL 17-1193 Kevin 3. Grantham PRESIDENT OF THE SENATE Effie Arne-en SECRETARY OF THE SENATE APPROVED 14' k John W Hickenlooper GOVE OR OF THE STATE OF determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. Crisanta Duran SPEAKER OF THE HOUSE OF REPRESENTATIVES Marilyn Eddis CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES PAGE 12-HOUSE BILL 17-1193 Summary of June 2017 Forecast The State’s revenue estimates were released today by Legislative Council staff (LCS) and the Governor’s Office of State Planning and Budgeting (OSPB) - both forecasts are hyperlinked. Legislative Council Compared to March, Legislative Council reduced its forecast by $135 million in the current year (FY 2016-17), due to lower than anticipated income tax collections. The General Fund forecast for FY 2017-18 and FY 2018-19 were basically unchanged. Legislative Council also projects that the State will be below its required General Fund reserve by $136.6 million in FY 2016-17 and $171.9 in FY 2017-18. No action is required at this time, and this number will be adjusted with each of the next forecasts. Assuming that the shortfall exists after the December forecast, the legislature will need to take action in 2018 to address that shortfall in the reserve. Rep. Hamner (Vice Chair) asked “what is the “ballpark” number we will have for budgeting purposes for FY 2018-19?” Natalie Mullis believes the state will have approximately $531.3 million in “new” money for FY 2018-19 after addressing the reserve shortfall. She emphasized that this is a moving target, and will change with each forecast. General Comments: We expect the economy to continue to grow through the forecast period, though it is a constrained growth. Limited availability of workers will lead to a hiring slowdown. We expect the economy is at or close to capacity. The economy has grown for the last 8 years – 3rd longest period since 1900. Colorado’s unemployment rate is 2.3 percent – that’s the lowest in the country and the lowest rate in Colorado since modern tracking began in 1976. OSPB The OSPB forecast is close to the March forecast – slightly down in FY 2016-17, and slightly up in FY 2017-18. However, OSPB forecasts a larger reserve shortfall - $142.7 million in FY 2016-17, and $285.4 million in FY 2017-18. After addressing this reserve shortfall, OSPB predicts that the state will have approximately $222 million in “new money” for budgeting for FY 2018-19. Again, this amount will change with each forecast. As a point of reference, Mr. Sobanet estimated that it will cost approximately $200 million to “fully-fund” K-12 education per inflation and enrollment. TABOR Outlook Legislative Council provided a TABOR forecast – they don’t project a TABOR refund in the forecast period. This is in part due to revenue changes, and mostly due to the hospital provider fee established in SB 17-267. For FY 2017-18, the State is projected to be $430 million below the TABOR limit, and $420 million below the limit in FY 2018-19. Not having a forecasted TABOR refund is a significant change from the last few years – where the legislature had been faced with balancing the budget while addressing TABOR refunds. The next forecast will be issued on September 20.