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HomeMy WebLinkAboutAgenda - Full - Legislative Review Committee - 02/13/2024 - City Manager’s Office City Hall 300 LaPorte Ave. PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 - fax fcgov.com Legislative Review Committee Agenda Tuesday, February 13, 2024 3:30-4:30PM Council Information Chambers (CIC) in City Hall 300 LaPorte Ave In-person with Zoom option Please click the link below to join the webinar: https://fcgov.zoom.us/j/99757542257 1. Approval of minutes from January 23, 2024 meeting a. Attached: draft January 23, 2024 minutes 2. Nominate and select a Chair 3. Brief Overview of Process a. Bill Tracking b. Positions c. Mayor Pledge Flowchart 4. Bill review a. Current Bill tracker (attached and online: Bill Tracker) i. HB 1-26 removed (bill PI’d) b. Other anticipated bills i. Sustainable Affordable Housing Assistance ii. Transit Oriented Communities iii. Real Estate Transfer Fee iv. Ban on Parking Minimums v. Other 5. Other Business and Announcements a. Other Next Meeting: Tuesday, March 5, 3:30 pm City Manager’s Office City Hall 300 LaPorte Ave. PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 - fax fcgov.com Legislative Review Committee Minutes Tuesday, January 23, 2024 3:30-4:30PM Councilmembers Present: Councilmember Canonico (chair), Councilmember Gutowski, Mayor Arndt Staff present: Tyler Marr, Ginny Sawyer, Sylvia Tatman-Burruss, Jenny Lopez-Filkins, Lockie Woods, Jessica Jones (virtual), Honore Depew (virtual) Guests present: Ed Bowditch (lobbyist, virtual), Jennifer Cassell (lobbyist, virtual), Kevin Jones (in- person) 1. Approval of the minutes from the November 14th meeting. Gutowski moved and Arndt seconded. Passed 3-0. 2. Bill Review a. HB24 – 1007: Prohibit Residential Occupancy Limits i. CML is opposed, hopes to propose amendments. ii. Discussion about the issues with square footage restrictions. iii. Jennifer said the Bill sponsor is not open to amendments other than extending the implementation timeline to July 1. iv. LRC discussed adopting an amend position. b. HB24 – 1012: Front Range Passenger Rail i. Discussion about the approval process for MPOs and the Committee. ii. LRC elected to remove this bill from the tracker. c. HB24 – 1018: College Textbook Sales Use Tax Exemption i. ASCSU bill. ii. CML is supporting. iii. LRC elected to support this bill. d. HB24 – 1023: Civil Forfeiture Reform i. Unlikely to proceed. ii. LRC will continue to monitor e. HB24 – 1026: TABOR Prior Voter Approval Requirement i. Unlikely to proceed. ii. LRC will continue to monitor. f. HB24 – 1028: Overdose Prevention Centers i. Gives cities the authority to open a harm reduction / overdose prevention center. ii. Unlikely to proceed. iii. CML position is neutral. iv. LRC will continue to monitor. g. SB24 – 005: Prohibit Landscaping Practices for Water Conservation i. CML is opposed because of home rule concerns, recommend more money for conversion programs. ii. CC4CA is tentatively supporting the bill, and it has support from conservation groups. iii. Discussion about statewide solutions to problems with regional or local contexts. 2 iv. LRC will continue to monitor. h. SB24 – 022: Regulate Flavored Tobacco Products i. Gives authority for regulation to county board of commissioners. ii. Question about how county regulations would interact with municipal laws. iii. LRC will continue to monitor. i. SB24 – 033: Property tax treatment of real property i. Renting a non-primary home for more than 90 days would change the assessment rate for properties. ii. Unlikely to pass this year due to political considerations. 3. Other Anticipated Bills a. Local government right of first refusal for multifamily rental properties b. Real Estate Transfer Fee i. Local governments could impose a transfer fee of up to 4% on sale of property. ii. Funds would be for affordable housing. iii. Questions about whether it would require a vote of the public under TABOR. c. Public Meeting Accessibility i. Discussion about meeting with the Governor’s Office of Information Technology on digital accessibility. ii. Discussion about a potential bill requiring streaming all public meetings and concerns with the feasibility of implementation. d. Ban on Parking Minimums i. Under current drafts, failure to comply could jeopardize HUTF funds (~3M for the City annually). ii. Requires allowing ADUs without owner occupancy requirements and removing parking minimums. e. Councilmember Canonico spoke about CC4CA support for a transit bill. f. Mayor Arndt i. Construction defects reform bill has yet to be introduced. 1. Will include a right to remedy. 2. More notification to homeowners. 3. A separate bill to study the lack of insurance market is under consideration. ii. Dredge and fill bill 1. The City’s Water Resources Team & Attorney’s Office will monitor. g. Tyler spoke about staff using the Legislative Policy Agenda to adopt initial positions for bills with clear alignment. 4. Other Business a. CML Legislative Workshop is on February 15th. b. Next meeting is on February 13th. Yes Yes COMMITMENT EVALUATION PROCESS November 2017 No Request for Mayor/Council to commit to pledge or sign support Mayor/City declines to joing pledge or sign letter and notifies requestor. Mayor joins pledge or signs letter. Council informed. Is the request seeking only the Mayor’s/ Councilmember’s signature? (e.g. request contains language like, “I, the Mayor...”) Is request regarding pending legislation? Does Mayor want staff to review? Has it been confirmed that the request aligns with policy?* Has it been confirmed that the request aligns with policy? Does the Council want to continue? Does Council want a discussion? Does Council approve? Does staff recomend?** No Yes Yes No Yes No Yes LRC discussion if regarding new legislation, state/federal policy AND policy alignment unclear. Staff Evaluation/ CAO Review Inform CMO Inform CMO Inform Mayor Inform Mayor Staff advised not to support. Does the Mayor support pledging or signing? Does the Mayor want to refer to Council in “Other Business” list on Council Agenda No/Uncertain No Yes Yes Yes Yes No No No No No Advise requestor we will not support Yes CITY OF FORT COLLINS LEGISLATIVE REVIEW COMMITTEE The Legislative Review Committee (LRC) is a representative group of Council members that reviews and reacts to proposed legislation on behalf of City Council and the City. In taking a position on particular bills, the LRC interprets and applies the various policies that are included in the Legislative Policy Agenda. LEGISLATIVE REVIEW PROCESS Bills introduced in the Colorado General Assembly, United States Congress and federal, state or county regulations or rulemakings are reviewed by City staff or the City’s contract lobbyist. Bills, regulations and rules that are identified as having a potential impact on the City will be brought to the LRC for discussion. If LRC adopts a position, staff and/or lobbyists will convey that information to the appropriate state or federal representative and advocate for the adopted position. Due to the time-sensitive nature of the General Assembly, if a bill’s subject matter is explicitly addressed in this Policy Agenda, staff will proactively work with state and federal representatives to advance the City’s position as expressed in this legislative policy agenda and other Council-adopted plans and policies, while updating the LRC until such time that LRC may take a position. Excerpt from City of Fort Collins 2018 Legislative Policy Agenda * Policy alignment considers explicit statements in LPA, LRC direction, and Council- approved policies and goals. ** Staff recommendation considers policy alignment, ability to impact/value added, and staff resources needed. = Staff Action = Elected Official Action = ** LRC role (see Excerpt) Bill # Title Description Position Sponsors (House and Senate) HB24-1007 Prohibit Residential Occupancy Limits Concerning residential occupancy limits. Amend House: J. Mabrey (D), M. Rutinel (D); Senate: T. Exum Sr. (D), J. Gonzales (D) HB24-1018 College Textbook Sales Use Tax Exemption Concerning a sales and use tax exemption for college textbooks. Support House: A. Boesenecker (D); Senate: J. Marchman (D) HB24-1023 Civil Forfeiture Reform Concerning civil forfeitures. Monitor House: K. DeGraaf (R); Senate: M. Baisley (R) HB24-1028 Overdose Prevention Centers Concerning the authorization for a municipality to allow for the operation of an overdose prevention center within its jurisdiction. Monitor House: E. Epps (D); Senate: K. Priola (D) HB24-1030 Railroad Safety Requirements Concerning railroad safety, and, in connection therewith, limiting the maximum length of a train operating in the state, requiring certain railroads to use wayside detector systems, limiting the amount of time a train may obstruct public travel at certain crossings, authorizing a crew member's designated union representative to investigate certain reported incidents, authorizing the public utilities commission to impose fines for certain violations, requiring fine revenue to be paid to the front range passenger rail district for the purposes of maintaining and improving the safety of a front range passenger rail system, and requiring certain railroads to carry insurance coverage in minimum amounts. Support House: J. Mabrey (D); Senate: T. Exum Sr. (D), L. Cutter (D) HB24-1107 Judicial Review of Local Land Use Decision Concerning judicial review of a local land use decision. Support House: W. Lindstedt (D); Senate: J. Bridges (D) HB24-1152 Accessory Dwelling Units Concerning increasing the number of accessory dwelling units. Monitor House: J. Amabile (D), R. Weinberg (R); Senate: T. Exum Sr. (D), K. Mullica (D) HB24-1168 Equal Access to Public Meetings Concerning equal access to public meetings. Monitor House: M. Froelich (D), M. Rutinel (D); Senate: N. Hinrichsen (D) HB24-1173 Electric Vehicle Charging System Permits Concerning expediting the process for permitting electric motor vehicle charging systems. Oppose House: A. Valdez (D); Senate: HB24-1175 Local Goverments Rights to Property for Affordable Housing Concerning a local government right of first refusal or offer to purchase qualifying multifamily property for the purpose of providing long-term affordable housing or mixed-income development. Support House: E. Sirota (D), A. Boesenecker (D); Senate: F. Winter (D), S. Jaquez Lewis (D) SB24-005 Prohibit Landscaping Practices for Water Conservation Concerning the conservation of water in the state through the prohibition of certain landscaping practices. Monitor Senate: D. Roberts (D), C. Simpson (R); House: B. McLachlan (D), K. McCormick (D) SB24-022 Regulate Flavored Tobacco Products Concerning an expansion of the ability of a board of county commissioners to regulate tobacco products. Monitor Senate: K. Mullica (D); House: K. Brown (D), E. Velasco (D) SB24-033 Lodging Property Tax Treatment Concerning the property tax treatment of real property that is used to provide lodging. Monitor Senate: C. Hansen (D); House: M. Weissman (D) SB24-036 Vulnerable Road User Protection Enterprise Concerning the creation of an enterprise to provide infrastructure improvements that protect vulnerable road users. Monitor Senate: F. Winter (D), L. Cutter (D); House: M. Lindsay (D), W. Lindstedt (D) SB24-065 Mobile Electronic Devices & Motor Vehicle Driving Concerning the use of mobile electronic devices when driving a motor vehicle. Support Senate: R. Fields (D), C. Hansen (D); House: M. Froelich (D), D. Ortiz (D) SB24-092 Cost Effective Energy Codes Concerning cost effective energy codes. Monitor Senate: B. Pelton (R); House: R. Pugliese (R) SB24-095 Air Quality Ozone Levels Concerning measures to address ozone levels in areas that do not meet federal ozone national ambient air quality standards. Monitor Senate: B. Kirkmeyer (R); House: SB24-106 Right to Remedy Construction Defects Concerning legal actions based on claimed defects in construction projects. Monitor Senate: R. Zenzinger (D), J. Coleman (D); House: S. Bird (D)