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HomeMy WebLinkAboutAgenda - Full - Legislative Review Committee - 03/04/2025 - City Manager’s Office 970.221.6505 fcgov.com Legislative Review Committee Agenda Tuesday, March 4, 2025 4:00 - 5:00PM Council Information Chambers (CIC) in City Hall 300 LaPorte Ave In-person with Teams option: Join the meeting now Meeting ID: 250 200 716 883 Passcode: Kx7t7MH3 Upon request, the City of Fort Collins will provide language access services for individuals who have limited English proficiency, or auxiliary aids and services for individuals with disabilities, to access City services, programs and activities. Contact 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Please provide advance notice. Requests for interpretation at a meeting should be made by noon the day before. A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al 970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione aviso previo cuando sea posible. Las solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día anterior. A. Call Meeting to Order B. Approval of Minutes from February 4, 2025. Draft attached C. Bill Overview and Discussion a. Bill Tracker Review Position Bills a. HB-1029: Municipal Authority over Certain Land-Support b. HB-1039 Commercial Vehicle Muffler Requirements- Support c. HB- 1044: Local Funding for Vulnerable Road User Protection-Support (PI’d; new bill anticipated) d. HB-1051: Repeal Recycled Bag Carryout Fee- Oppose (has been Postponed Indefinitely) e. HB-1056: Local Government Permitting Wireless Telecommunications Facilities-Oppose f. HB-1060: Electronic Fence Detection System – Oppose g. HB-1224: Revised Uniform Unclaimed Property Act Modifications (CML Amend) h. HB-1077: Backflow Prevention Devices Requirement – Support i. HB-1096: Automated Permits for Clean Energy Technology – Oppose j. HB-1113: Limit Turf in New Residential Development – Monitor k. HB-1147: Fairness and Transparency in Municipal Court - Oppose l. SB-001: Colorado Voting Rights Act – Monitor m. SB-002: Regional Building Codes for Factory-Built Structures – Amend n. SB-020: Tenant and Landlord Law Enforcement - Amend o. SB-030: Increase Transportation Mode Choice Reduce Emissions – Amend p. SB-077: Modifications to Colorado Open Records Act – Monitor Tracked Bills a. HB-1031: Law Enforcement Whistleblower Protection (CML Amend) b. HB-1032: Improving Infrastructure to Reduce Homelessness (CML Amend) c. HB-1112: Local Authorities Enforce Vehicle Registration (CML Support) City Manager’s Office 970.221.6505 fcgov.com d. HB-1152: Tech Accessibility Liability Contractor (CML Support) e. HB-1169: Housing Developments on Faith and Educational Land (CML Oppose) f. HB-1224: Revised Uniform Unclaimed Property Act Modification (CML Amend) g. HB- 1239: Colorado Anti-Discrimination Act (CML Oppose) h. HB-1247: County Lodging Tax Expansion i. HB- 1261: Consumers Construction Defect Act (CML Oppose) j. HB-1272: Construction Defects & Middle Market Housing (CML Support) k. HB-1276: Court Actions Related to failure to Appear in Court D. CC4CA/CML Policy related E. Other Business F. Adjournment Next Scheduled Committee Meetings: • Tuesday, March 18, 2025 at 4:00 PM • Tuesday, April 1, 2025 at 4:00 PM • Tuesday, April 15, 2025 at 4:00 PM • Tuesday, May 6, 2025 at 4:00 PM • Tuesday, May 20, 2025 at 4:00 PM City Manager’s Office 970.221.6505 fcgov.com DRAFT_ Legislative Review Committee Agenda Tuesday, February 18, 2025 Councilmembers Present: Councilmember Canonico, Councilmember Pignataro, Councilmember Olson, Councilmember Gutowsky (alternate), Mayor Arndt Staff Present: Ginny Sawyer, Tyler Marr, Max Valadez, Dianne Criswell, Megan DeMasters Other Guests: Ed Bowditch, Jennifer Cassell A. Meeting called to order at 4:01pm B. Approval of Minutes from February 4, 2025. Moved by Ohlson, second Pignataro, passed 3-0. C. Bill Overview and Discussion Staff noted focus on bills that have direct impact on City operations. a. Bill Tracker Review Position Bills a. HB-1029: Municipal Authority over Certain Land-Support b. HB-1039 Commercial Vehicle Muffler Requirements- Support c. HB- 1044: Local Funding for Vulnerable Road User Protection-Support d. HB-1051: repeal recycled bag carryout Fee- Oppose (has been Postponed Indefinitely) e. HB-1056: Local Government Permitting Wireless telecommunications facilities-Oppose f. HB-1060: Electronic fence Detection System - Oppose g. HB-1077: Backflow Prevention Devices Requirement – Support h. HB-1096: Automated Permits for Clean Energy Technology – Oppose i. HB-1113: Limit Turf in New Residential Development – Monitor a. CML in amend position to make permissive. Currently applies to new development and multi-family housing. Committee asked that staff be prepared to reference this during Water Efficiency Plan work session discussion. j. SB-001: Colorado Voting Rights Act – Monitor k. SB-002: Regional Building Codes for Factory-Built Structures – Amend l. SB-030: Increase Transportation Mode Choice Reduce Emissions – Monitor a. CC4CA recommending amend, could evolve into bike-pedestrian-transit inventory bill. NPOs and state already doing this. Don’t want redundant work or competition among local govs. LRC move to amend. m. SB-077: Modifications to Colorado Open Records Act – Monitor a. CML in amend position to seek removing media carve out. Tracked Bills a. HB-1031: Law Enforcement Whistleblower Protection (CML Amend) b. HB-1032: Improving Infrastructure to Reduce Homelessness (CML Amend) c. HB-1112: Local Authorities Enforce Vehicle Registration (CML Support) d. HB-1147: Fairness and Transparency in Municipal Court (CML Amend) i. Limits City’s ability to increase accountability/fines on repeat offenders or failures to appear in court. General concern among municipalities. CML amendment to try and remove ii. Muni-courts from bill. LRC move to take Oppose position. City Manager’s Office 970.221.6505 fcgov.com e. HB- 1166: Efforts to Reduce Food Waste f. HB-1169: Housing Developments on Faith and Educational Land (CML Oppose) g. HB-1170: Lobbying by Nonprofit Entities h. SB-020: Tenant and Landlord Law Enforcement (CML Amend) i. Bill came out as attempt to have another tool to address problem multi-family properties. Question if bill could be amended to include motel-type properties that tend to have same issues. Ed and Jenn will work with bill sponsor (s). LRC move to Amend. D. CC4CA/CML Policy related a. CML Muni caucus - many bills still have moving parts and amendments coming, etc. , HB-1029 (natural areas rangers enforcement) expected to pass through committee. b. Ed and Jenn updates: i. Vulnerable road users bill PI’d but expected new bill to come back as enterprise fund with some dedicated wildlife preservation. Unsure where funds would come from. ii. Confirmed Rep Boesenecker no on electric fence bill. iii. Whistleblower bill moving slower than expected. iv. HB1272 first of 3 anticipated bills on housing defects introduced. v. HB 1166 efforts to reduce food waste- doesn’t have direct impact on current city operations, but still of interest, directs dept of public health to expand scope as it relates to donation and resale of food, aimed at private sector and more of a state impact bill. vi. SB127 Staff asking PRPA and Utilities for input. Added to tracker to discuss at next meeting. vii. SB 163 battery stewardship programs. To be added to tracker viii. HB 1169 YIGBY- related to housing on faith community owned land. LRC to schedule meeting w/ Rep. Boesenecker to discuss concerns with bill. LRC to take position after this above meeting. E. Other Business a. DC lobbying trip scheduled in early March. F. Adjournment at 4:53 pm Fort Collins Position Bills – March 4, 2025 Bill # Title Description Position Sponsors (House and Senate) HB25-1029 Municipal Authority over Certain Land Concerning the scope of municipal authority over land that a municipality acquires that is outside its municipal limits. Support House: A. Boesenecker (D); Senate: C. Kipp (D) HB25-1039 Commercial Vehicle Muffler Requirements Concerning muffler requirements for commercial vehicles. Support House: B. Titone (D), L. Smith (D); Senate: M. Catlin (R), D. Roberts (D) HB25-1044 Local Funding for Vulnerable Road User Protection Concerning authorization for local governments to generate additional fee-based funding for local vulnerable road user protection strategies. Support House: A. Boesenecker (D); Senate: F. Winter (D), L. Cutter (D) HB25-1051 Repeal Recycled Paper Carryout Bag Fee Concerning repealing the requirement that retail establishments charge a fee for providing recycled paper carryout bags. Oppose House: R. Gonzalez (R), R. Pugliese (R); Senate: B. Pelton (R) HB25-1056 Local Government Permitting Wireless Telecommunications Facilities Concerning local government permitting of wireless telecommunications facilities. Oppose House: J. Bacon (D), M. Lukens (D); Senate: D. Roberts (D), N. Hinrichsen (D) HB25-1060 Electronic Fence Detection Systems Concerning the use of electronic fence detection systems. Oppose House: M. Soper (R), C. Clifford (D); Senate: HB25-1077 Backflow Prevention Devices Requirements Concerning requirements for individuals who work on backflow prevention devices, and, in connection therewith, removing the licensure requirement for individuals who inspect, test, or repair the devices. Support House: N. Ricks (D), S. Lieder (D); Senate: D. Roberts (D), J. Rich (R) HB25-1096 Automated Permits for Clean Energy Technology Concerning automated permitting for residential clean energy technology projects, and, in connection therewith, requiring counties and municipalities over a certain population and the state electrical board to implement an automated residential solar permitting platform to review and issue permits related to residential solar panel installations. Oppose House: L. Smith (D), K. Brown (D); Senate: M. Ball (D) HB25-1113 Limit Turf in New Residential Development Concerning limiting the use of certain landscaping practices in new residential development. Monitor House: L. Smith (D), K. McCormick (D); Senate: D. Roberts (D) HB25-1147 Fairness & Transparency in Municipal Court Concerning measures to ensure that municipal court defendants are subject to similar conditions as state court defendants. Oppose House: J. Mabrey (D), E. Velasco (D); Senate: M. Weissman (D), J. Amabile (D) SB25-001 Colorado Voting Rights Act Concerning the administration of elections, and, in connection therewith, creating the Colorado Voting Rights Act. Monitor Senate: J. Gonzales (D); House: J. Bacon (D), J. Joseph (D) 2 SB25-002 Regional Building Codes for Factory-Built Structures Concerning the development of regional building codes that account for local climatic and geographic conditions for the construction and installation of residential and nonresidential factory-built structures. Amend Senate: J. Bridges (D), T. Exum Sr. (D); House: A. Boesenecker (D), R. Stewart (D) SB25-020 Tenant and Landlord Law Enforcement Concerning the enforcement of existing landlord-tenant law. Amend Senate: M. Weissman (D), J. Gonzales (D); House: M. Lindsay (D), J. Mabrey (D) SB25-030 Increase Transportation Mode Choice Reduce Emissions Concerning measures to increase transportation mode choice to reduce emissions. Amend Senate: F. Winter (D), N. Hinrichsen (D); House: M. Froelich (D) SB25-077 Modifications to Colorado Open Records Act Concerning modifications to the ""Colorado Open Records Act"". Monitor Senate: J. Rich (R), C. Kipp (D); House: M. Soper (R), M. Carter (D) Fort Collins Tracking Bills – March 4, 2025 Bill # Title Summary HB25- 1152 Tech Accessibility Liability Contractor Under current law, certain provisions are required in a public school contract (contract), and if the provisions are omitted from a contract, the law deems that the provisions are automatically included in the contract. The bill clarifies that the list includes that a contractor is required to comply with accessibility standards for an individual with a disability adopted by the office of information technology. The bill adds a provision to the list to require a contractor to indemnify, hold harmless, and assume liability on behalf of a public school contracting entity, the public school, and the public school's employees and agents, for all remedies for noncompliance with standards that ensure technology accessibility to persons with disabilities. HB25- 1224 Revised Uniform Unclaimed Property Act Modifications The bill modifies the Revised Uniform Unclaimed Property Act (RUUPA) as follows: • Sections 1, 2, 5, and 6 clarify the treatment under RUUPA of legacy preneed contracts, which are preneed contracts for funeral services entered into before August 10, 2022; • Sections 2, 3, and 7 modify the definition of virtual currency, specify that virtual currency is presumed abandoned 3 years after the latest indication of interest by its apparent owner of the virtual currency, requires a holder of unclaimed property that is reporting unclaimed virtual currency to the state treasurer (administrator) to liquidate the virtual currency within 30 days of filing the report and remit the liquidation proceeds to the administrator, and specifies that the owner of the virtual currency has no recourse against either the holder or the administrator for any gain in value of the virtual currency after liquidation; • Section 4 shortens the period for which a holder required to file must retain records from 10 to 6 years; • Section 8 requires a holder that pays money to the administrator to file a claim for reimbursement from the administrator of the amount paid within 2 years of remitting and reporting the money paid; • Section 9 reduces the amount of time after a duty of a holder of unclaimed property arises that the administrator has to commence an action, proceeding, or examination with respect to the duty from 10 years to 6 years; • Section 10 clarifies the authority of the administrator with respect to the sale or other disposition of unclaimed thinly traded securities; • If the administrator determines that a county or a municipality owns unclaimed property in the possession of the administrator, section 11 authorizes the administrator to issue a warrant to or transfer the property to an operating account of the county or the municipality; • Section 12 authorizes the administrator to require a person making a claim for unclaimed property to supply nonpublic and nonredacted documents to prove ownership of the property; • Section 13 reduces the maximum amount of compensation allowed to be paid under an agreement to recover or assist in recovering an unclaimed overbid transferred to the administrator from either 30% or 20% of the amount of the overbid depending on when the agreement is entered into to 10% of the amount of overbid without regard to when the agreement was entered into; and • Section 14 repeals a statutory exemption from RUUPA for a local government that is a holder of property and satisfies specified conditions because few local governments have met the specified conditions. 2 HB25- 1239 Colorado Anti-Discrimination Act The bill consolidates damages provisions for individuals with disabilities who experience an unfair housing practice, discrimination in places of public accommodation, or a violation of their civil rights with the general protections under the Colorado anti-discrimination act (CADA) for all protected classes. With the consolidation of these provisions, the allowable remedies under CADA include a court order requiring compliance with the applicable section of CADA, actual monetary damages, attorney fees and costs, damages for noneconomic loss or injury, and a statutory fine of $5,000 per aggrieved party and per violation. An award of damages for noneconomic loss or injury is capped at $50,000, and if a defendant is a small business, it is entitled to a 50% reduction of a noneconomic loss or injury award if it corrects the violation within 30 days of the complaint being filed and did not knowingly or intentionally make or cause to be made the violation. The bill also extends the deadline for filing a charge with the Colorado civil rights commission alleging discrimination in places of public accommodation or discriminatory advertising from 60 days to one year after the alleged discriminatory act occurred. HB25- 1247 County Lodging Tax Expansion Under current law, counties may levy a county lodging tax (tax) of up to 2% on the purchase price paid or charged to persons for rooms or accommodations. Revenue from the tax is allowed to be used for the following purposes: • Advertising and marketing local tourism; • Housing and childcare for the tourism- related workforce; or • Facilitating and enhancing visitor experiences. Subject to local voter approval, the bill increases the allowed rate of the tax to up to 6% and expands the allowed uses to the following additional purposes: • Public infrastructure maintenance or improvements; • Preservation of natural landscapes and wildlife habitats and promotion of sustainable tourism practices; • Cultural and historical preservation through restoration and maintenance of historical sites, museums, and cultural institutions; or • Enhancing public safety measures by funding local law enforcement, fire departments, and emergency medical services. If a county received voter approval before January 1, 2025, to specifically allocate portions of revenue from the lodging tax to allowed uses for designated purposes, the bill clarifies how those previously approved allocations are preserved and how revenue attributable to an increase in the tax rate may be allocated by the county. HB25- 1261 Consumers Construction Defect Action In an action against a construction professional, section 2 of the bill requires the construction professional to provide the claimant or the claimant's legal representative with: • Copies of all plans, specifications, soils reports, and available engineering calculations; • Any maintenance and preventive maintenance recommendations; • The name, last-known address, and scope of work of each construction professional that performed work or services; and • Copies of all insurance policies held by the construction professional during the appropriate time. The construction professional may charge reasonable copying costs for the documents. Failure to provide the identifying information of the other construction professionals bars the construction professional from designating the unidentified construction professionals as nonparties at fault in any subsequent action. Section 3 requires a court to award prejudgement interest of 8% to a prevailing claimant who alleges defects in a residential property construction. Section 5 voids a provision in a real estate contract that: • Prohibits group lawsuits against a construction professional; or • Imposes different or additional requirements than the statutory requirements to bring or join a legal action. Section 6 changes the time when a claim of relief arises, for the purposes of the statute of limitation and repose, to include both the discovery of the physical manifestation and the cause of the defect. Current law authorizes, subject to the requirements of the common interest community's (community) declarations, a community to engage in certain actions, such as instituting, defending, or intervening in litigation or administrative proceedings on matters 3 affecting the community. Section 7 exempts an association's authority to institute, defend, or intervene in litigation proceedings concerning construction defects from the requirement that the action be subject to the declaration. Section 8 requires the department of regulatory agencies to include in its SMART Act report information concerning construction liability insurance and the basis for rates. HB25- 1272 Construction Defects & Middle Market Housing For construction of middle market housing, section 3 of the bill requires a person filing a construction defect action against an architect or engineer to file with the complaint an affidavit of a third-party licensed professional indicating the negligence or other action, error, or omission of the construction professional. Section 3 also establishes a rebuttable presumption that a property does not have a construction defect when a state agency or local government has issued a certificate of occupancy for the property. Section 4: • Establishes a claimant's duty to mitigate an alleged construction defect and specifies how a claimant may satisfy this duty and the consequences to a claimant that fails to satisfy this duty; • Requires that a construction professional must send or deliver to the claimant an offer to settle the claim or a written response that identifies the standards that apply to the claim and explains why the defect does not require repair; and • Requires a construction professional who is the defendant in a construction defects action to submit specified information to the claimant. Section 5 updates the statute of limitations for construction defect claims to 10 years unless the construction professional provided the consumer with a warranty that meets the requirements of the bill, in which case the statute of limitations is 6 years. Section 6 tolls the statute of limitations or repose during a claimant's mitigation of an alleged construction defect claim brought for the construction of middle market housing. Section 7 allows a construction professional that meets specified requirements to use certain affirmative defenses in construction claims brought against the construction professional for the construction of middle market housing. Current law requires the executive board of a unit owners' association (executive board) to obtain approval from a majority of owners before initiating a construction defect claim on behalf of the owners. Section 8 increases the approval amount to 65%. Section 8 also requires an executive board that is successful in a construction defect claim to first use monetary damages received as a result of the claim to repair the construction defect. 4 HB25- 1276 Court Actions Related to Failure to Appear in Court Under current law, a court is required to release a person on a personal recognizance bond if the person was charged with an offense for a violation with a maximum penalty that does not exceed 6 months' imprisonment, and the court cannot require the person to give security of any kind for their appearance for trial other than their personal recognizance, unless certain conditions exist. The bill clarifies these provisions apply in both state and municipal courts. The bill adds to the conditions for which a person may be required to give security that the defendant previously failed to appear in court 2 or more times in the present case. Existing law prohibits a court from imposing a monetary condition of release for a defendant charged with a traffic offense, petty offense, or comparable municipal offense, or a municipal offense for which there is no comparable state misdemeanor offense, with specified exceptions. The bill adds exceptions for: • A petty offense for theft, criminal mischief, or arson, or a comparable municipal offense, or a municipal offense involving threats of violence, injury, or property damage, if the defendant has previously failed to appear in court 2 or more times in the present case; and • Any other petty offense, traffic offense, or a comparable municipal offense or a municipal offense for which there is no comparable state offense, if the defendant has previously failed to appear for a court proceeding 3 or more times in the present case and has another pending charge for the same offense in the same jurisdiction. The bill applies the exceptions involving previous instances of a defendant's failure to appear for a court proceeding only when, prior to issuing a warrant for the arrest of the defendant for the previous failure to appear, the court conducted a search to determine whether the defendant was being held in a correctional facility or county jail, and at the time of the previous failure to appear, the court had certain processes in place governing failures to appear.