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HomeMy WebLinkAboutAgenda - Full - Legislative Review Committee - 03/18/2025 - City Manager’s Office 80522 970.221.6505 fcgov.com Legislative Review Committee Agenda Tuesday, February 18, 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: 251 152 965 654 Passcode: WM2n4GF6 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 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 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 m. 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) d. HB-1147: Fairness and Transparency in Municipal Court (CML Amend) e. HB- 1166: Efforts to Reduce Food Waste f. HB-1169: Housing Developments on Faith and Educational Land (CML Oppose) City Manager’s Office 80522 970.221.6505 fcgov.com g. HB-1170: Lobbying by Nonprofit Entities h. SB-020: Tenant and Landlord Law Enforcement (CML Amend) D. CC4CA/CML Policy related E. Other Business F. Adjournment Next Scheduled Committee Meetings: • Tuesday, March 4, 2025 at 4:00 PM • 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 Minutes Tuesday, February 4, 2025 4:00 - 5:00PM Councilmembers Present: Councilmember Canonico, Councilmember Pignataro, Councilmember Olson, Councilmember Gutowsky (alternate), Mayor Arndt Staff Present: Ginny Sawyer, Sylvia-Tatman-Burruss, Max Valadez, Dianne Criswell, Megan DeMasters Other Guests: Ed Bowditch, Jennifer Cassell A. Meeting called to order at 4:00PM B. Approval of Minutes from January 21, 2025. Moved by Pignataro, second by Ohlson, pass 3-0. C. Bill Overview and Discussion 1. Bill Tracker Review Position Bills a. HB-1029: Municipal Authority over Certain Land-Support b. HB- 1044: Local Funding for Vulnerable Road User Protection-Support i. Signal for change in how local govts collect this funding and via which types of fees. Could be shift in type of fees allowed and how they can be collected. c. HB-1051: Repeal Recycled Paper Carryout Bag Fee - Oppose d. HB-1056: Local Government Permitting Wireless telecommunications facilities-Oppose i. Amendment to extend shot clock towards federal alignment, e. HB-1060: Electronic Fence Detection Systems - Oppose f. HB-1077: Backflow Prevention devices Requirement - Support Monitor Bills a. HB 1007: Paratransit Services i. Bill limited to just emergency services. Can remove from tracker. b. HB-1030: Accessibility Standards in Building Codes (CML Oppose) i. Requires local government to come into compliance with International Building Codes, can either adopt 2021 or 2024 accessibility codes. City already does this and would be in compliance regardless. Can remove from tracker. c. HB 1031: Law Enforcement Whistleblower Protection (CML Amend) i. One of multiple bills coming from law enforcement task force, provides protections for whistleblowers while creating new right of action for local govts. Desired amendments would include caps on damages for local govts. Will keep on tracker. d. HB-1032: Improving Infrastructure to Reduce Homelessness (CML Amend) i. Allows for local special taxing district to be formed. Bill needs more clarity and will watch for a fiscal note. e. HB 1039: Commercial Vehicle Muffler Requirements (CML Support) i. Requires every commercial vehicle to have muffler, penalty for noncompliance. Committee recommends Support position. f. HB 1067: Criminal Asset Forfeiture Act (CML Oppose) i. Limits how asset forfeiture can take place. Bill not expected to move forward. Can remove from tracker. City Manager’s Office 970.221.6505 fcgov.com g. HB 1096: Automated Permits for Clean Energy Technology i. Requires local govts to use auto permit system related to clean energy tech. Questions and doubts on software effectiveness. Committee recommends Oppose position. h. HB 1113: Limit Turf in New Residential Development i. Extension of a bill that came out of ag/water resources committee. Prohibits non-functional turf in residential areas. Uncertain whether local govt would have to or would be allowed to enforce. Will continue to monitor. i. SB 001: Colorado Voting Rights Act (CML Amend) i. Indication of priority by sponsors. CML concerned about implementation and expects amendments to come. Support for purpose of bill. Continue to monitor for amendments and implementation details. j. SB 002: Regional Building Codes for Factory Built Structures (CML Oppose) i. Creates uniform codes for factory built structures with intent to get homes to scale. CML opposed based on local control. CC4CA concerns on if local jurisdictions would be able to review/approve slabs under homes. Committee recommends Amend position. k. SB 007: Increase Prescribed Burns (CML Support) i. Requires transfer of $1M General Fund into prescribed burn fund. Not expected to gain traction. Can remove from tracker. l. SB 030: Increase Transportation Mode Choice Reduce Emissions (CML Amend) i. Could potentially create redundant work and be an unfunded mandate on local govts. Interest in utilizing MPOs rather than local government. Committee recommends a Monitor position. m. SB 077: Modifications to Colorado Open Records Act (CML Amend) i. Bill addresses timelines for CORA requests and aims to help local govts being overwhelmed by requests. Committee requested input from City Clerk’s Office and recommends a Monitor position. D. Other Bills a. Municipal Court/Law Enforcement related bills b. CC4CA i. HB 1040- nuclear energy as alternative source. Tracking. ii. HB 1009- vegetative fuel mitigation. Support. iii. 1051 bag fee repeal. Oppose. iv. Transit reform bill- not yet introduced. c. Flagged 2 bills: i. NoCoHumane interest in amendment to attacking dog bill. Staff will follow-up. ii. Non-profit sector partnership from Chamber of Commerce- nonprofits who talk to electeds need to register as lobbyists? Drafts circulating but may not have been introduced yet. Staff will follow-up. E. Other Business F. Adjournment at 4:59pm Fort Collins Position Bills – February 18, 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) Fort Collins Position Bills – February 18, 2025 2 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) 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) SB25-030 Increase Transportation Mode Choice Reduce Emissions Concerning measures to increase transportation mode choice to reduce emissions. Monitor 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) Bill # Title Summary HB25-1031 Law Enforcement Whistleblower Protection The bill creates a civil cause of action for a peace officer if the peace officer reports or discloses conduct that is in violation of, or the peace officer reasonably believes is in violation of, any law or policy and the report or disclosure is a contributing factor in the employer of the peace officer's decision to take adverse employment action against the peace officer. A peace officer may seek the following damages: • Reinstatement, with or without back pay; • Any other equitable relief the court deems appropriate; • Compensatory damages for other pecuniary losses, emotional pain and suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses; and • Reasonable attorney fees and costs. If the court finds that an action or defense brought was frivolous, groundless, or vexatious, the court may award costs and attorney fees to the defendant or peace officer, respectively. The bill creates an affirmative defense to the action if the peace officer's employer would have taken the action that forms the basis of the suit against the peace officer, based on a legitimate nonretaliatory basis. The action is not subject to the Colorado Governmental Immunity Act. The statute of limitations to bring the action is 2 years. HB25-1032 Improving Infrastructure to Reduce Homelessness The bill creates the Colorado interagency council on homelessness (council) within the governor's office. The advisory council shall meet at least once a month, shall develop and implement a plan to receive public feedback on statewide strategy related to homelessness prevention and resolution, and shall recommend funding and policies to support homelessness prevention and resolution to the council. The bill requires the office of homeless initiatives within the division of housing in the department of local affairs to, at least once every 4 months, convene the state continuum of care organizations for the purposes of implementing state strategies and identifying best practices to prevent and reduce homelessness in Colorado. The continuum of care organizations shall consider methods and practices to: • Improve the implementation of the Homeless Management Information System and data reporting; • Improve the implementation of the OneHome coordinated entry system; • Coordinate with regional navigation campuses to determine best practices, identify gaps, and make referrals; and • Improve data reporting within the regional navigation campuses. The continuum of care organizations are required to submit and present a report to the general assembly providing a summary of the council's activities from the prior year and recommendations for implementing the methods and practices the organizations considered. The bill creates a new type of special district, a regional homelessness response district (district), which is formed by counties and municipalities to reduce and prevent homelessness. The bill details specifics of organizing and dissolving a district, submitting a district service plan, voting in district elections, and the financial and taxing powers of a district. The bill allows a county clerk and recorder to designate money collected from documentary filing fees for granting or conveying real property to be transferred to a housing agency for the purpose of developing, preserving, or acquiring affordable housing aligned with demonstrated community needs and for homeless individuals. 1 HB25-1112 Local Authorities Enforce Vehicle Registration The bill authorizes local authorities to enforce the requirement that a vehicle, trailer, semitrailer, or motor vehicle (vehicle) be registered. A conviction by a local authority does not bar a subsequent state prosecution if the subsequent prosecution does not arise from the same event. A court will waive the following for a violation concerning a failure to register a vehicle: • The penalties imposed for the violation if the court finds that the failure to register the vehicle was for good cause; • The past-due specific ownership tax if the person demonstrates that the person's household had an income that was 150% or less below the current federal poverty line when the violation occurred; or • The past-due fees, past-due specific ownership tax, and penalties if the person demonstrates that the person's household had an income that was 100% or less below the current federal poverty line when the violation occurred. The department of revenue will adopt forms and rules to implement the bill. Current law requires each court to send an abstract of each conviction to the department for the person's driving record. The bill requires this abstract to include any waivers granted under the bill and the amount of the waivers. The department will include information regarding the number and amount of waivers granted in its SMART Act hearing. HB25-1147 Fairness & Transparency in Municipal Court The bill caps the maximum incarceration sentence for a municipal violation that has a comparable state law crime at the same length as the state- level offense. When there is no comparable state-level offense, the maximum period of incarceration is capped at the maximum for a state-level petty offense. Mandatory minimums and increased penalties based on prior convictions are prohibited unless the person is convicted of a municipal offense for which there is a comparable state offense or of an infraction that allows imposition of the same mandatory minimum or increased penalties based on prior convictions. The bill also caps a consecutive municipal sentence at 2 times the highest charge in the case. The bill clarifies that municipal court defendants have a right to counsel and that municipal defense counsel have the same notice, case information, and opportunity to meet with their clients as do state-level defense counsel. Current law prohibits paying indigent municipal defense counsel on a fixed or flat-fee payment structure if the municipality prosecutes domestic violence cases. The bill applies the prohibition to all municipalities. All municipal court proceedings are required to be open to public observation. Virtual observation is required for all in-custody proceedings, and prompt resolution of municipal cases is required. HB25-1166 Efforts to Reduce Food Waste The bill requires the department of public health and environment (department), to the extent that funding is available as part of the department's green business network, to: • Provide annual training that includes food waste prevention and reduction strategies; • Develop a food waste reduction guidance document (document); • Place the document on the department's public website; and • Update the document at least annually. The bill suggests means by which retail food establishments may donate or resell safe food. The bill states that, on and after January 1, 2026, grocery stores are encouraged to: • Clearly display the ingredients of items of prepared food; and • Use best if used or frozen by dates rather than sell by dates upon prepared items of food. Current law provides civil and criminal immunity to a farmer, retail food establishment, correctional facility, school district, hospital, or processor, distributor, wholesaler, or retailer of food that donates items of food to a nonprofit organization for use or distribution in providing assistance to individuals in need. The bill extends this immunity to apply to: • Faith-based organizations that donate food; and • Food donations to faith-based organizations and individuals. The bill also clarifies that the immunity from liability applies regardless of whether the donated food is alleged to have caused illness or death. HB25-1169 Housing Developments on Faith and Educational Land The bill requires a subject jurisdiction, on or after December 31, 2026, to allow a residential development to be constructed on a qualifying property that does not contain an exempt parcel, subject to an administrative approval process. The bill specifies that a subject jurisdiction shall not: • Disallow construction of a residential development on the basis of height if the tallest structure in the residential development is no more than 3 stories or 45 feet tall; • Disallow construction of a residential development on the basis of height if the tallest structure in the residential development complies with the height-related standards for the zoning district in which the residential development will be built or any zoning district that is contiguous to the qualifying property on which the residential development will be built; • Disallow construction of a residential development based on the number of dwelling units that the residential development will contain, except in accordance with standards listed in the bill; or • Apply standards to a residential development on a qualifying property that are more restrictive than the standards the subject jurisdiction applies to similar housing constructed within the subject jurisdiction, including standards related to structure setbacks from property lines; lot coverage or open space; on-site parking requirements; numbers of bedrooms in a multifamily residential development; or on-site landscaping, screening, and buffering requirements. A subject jurisdiction shall allow the following uses in a residential development on a qualifying property: • Childcare; and • The provision of recreational, social, or educational services provided by community organizations for use by the residents of the residential development and the surrounding community. A subject jurisdiction may condition additional uses in a residential development on the uses being allowed only on the ground floor of the residential development and the uses occupying no more than 15% of the ground floor area of the residential development. The bill requires a faith-based organization, school district, or state college or university to notify the county assessor that a subject jurisdiction has allowed the construction of a residential development on a qualifying property within the county. HB25-1170 Lobbying by Nonprofit Entities Currently, a lobbyist may be either a professional lobbyist or a volunteer lobbyist. A professional lobbyist must register with the secretary of state before conducting lobbying activities with one or more covered officials. For each month in which a professional lobbyist lobbies one or more covered officials, a professional lobbyist must complete and submit a disclosure statement to the secretary of state. The bill creates a new category of lobbyist for nonprofit lobbyists and exempts nonprofit lobbyists from the registration and disclosure statement requirements for professional lobbyists. A nonprofit lobbyist is a lobbyist who is exclusively employed by a single nonprofit entity and who lobbies as an incidental part of the lobbyist's duties with the nonprofit entity. A nonprofit entity may use a nonprofit lobbyist to lobby a maximum of 30 days during a state fiscal year, with a maximum of 20 of those days occurring when the general assembly is in session. A nonprofit entity that employs a nonprofit lobbyist must report to the secretary of state the following information within 72 hours of engaging in lobbying of one or more covered officials: • The name of the nonprofit lobbyist; • The full legal name of the nonprofit entity on whose behalf the nonprofit lobbyist lobbied; • The date on which the nonprofit lobbyist engaged in lobbying; • Any matter about which the nonprofit lobbyist lobbied for the reported day; and • The bill number of the legislation about which each nonprofit lobbyist lobbied for the reported day and whether the nonprofit entity is supporting, opposing, requesting amendments, or monitoring the legislation. A nonprofit entity may submit a single form for more than one nonprofit lobbyist if more than one nonprofit lobbyist lobbied for the nonprofit entity on the same day. A lobbyist who was a nonprofit lobbyist but no longer qualifies as a nonprofit lobbyist or who is employed by a nonprofit entity that does not comply with the timing limitations, and who meets the requirements of a professional lobbyist, must register and file disclosure statements with the secretary of state beginning in the month in which the lobbyist first lobbied as a professional lobbyist and must comply with the regulations imposed on a professional lobbyist. SB25-020 Tenant and Landlord Law Enforcement Section 1 of the bill clarifies that the attorney general has the power to initiate and bring civil and criminal actions to enforce certain state landlord- tenant laws. Section 2 makes corresponding conforming amendments to the attorney general's statutory powers and duties. Sections 3 and 4 grant counties, cities and counties, and municipalities the power to initiate and bring civil and criminal actions to enforce certain state landlord-tenant laws. Section 5 establishes a receivership mechanism that is available as a remedy for violations of applicable laws and regulations by the owner of multifamily residential property. The attorney general's office, a county, a city and county, and a municipality may all apply to a district court for the appointment of a receiver to operate a residential property. The bill establishes the process for a district court appointing a receiver, including requiring a hearing and an order of appointment that specifies the duties of a receiver, and the criteria for qualifying as a receiver. No sooner than 180 days after the district court appoints a receiver, the owner of the relevant property, attorney general, county, city and county, or municipality may submit an application to the district court seeking the termination of the receivership. As with the appointing of a receiver, the bill establishes the process by which a district court may terminate a receivership.