The URL can be used to link to this page

Home My WebLink AboutCOUNCIL - AGENDA ITEM - 10/07/2014 - RESOLUTION 2014-088 REQUESTING THAT THE COLORADO MAgenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY October 7, 2014 City Council STAFF Dan Weinheimer, Policy & Project Manager SUBJECT Resolution 2014-088 Requesting That the Colorado Municipal League Sponsor Legislation Before the Colorado General Assembly That Would Provide Local Emergency Responders with Advance Information Regarding Hazardous Materials Shipments Being Made on Rail Freight Routes Within the State. EXECUTIVE SUMMARY The purpose of this item is to seek the Colorado Municipal League to sponsor legislation in the Colorado General Assembly that would provide local emergency responders with information about railroad hazardous material shipments. The City's 2014 Legislative Policy Agenda does not explicitly call for Fort Collins to take a leadership role on this issue and so the Legislative Review Committee has asked staff to present this Resolution for Council consideration. Fort Collins has many freight trains traveling through the community that carry hazardous materials. The proposed legislation would seek information from railroads for emergency in advance of shipments of hazardous materials so that they are best able to protect the community. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The City Council adopts a legislative policy agenda annually which guides advocacy at the Colorado General Assembly and United States Congress. Using the legislative policy agenda, the City Council’s Legislative Review Committee (LRC) is empowered to adopt positions on legislation. When an issue arises outside the statements of the adopted policy agenda, a resolution is prepared for City Council consideration. The Colorado Municipal League (CML) maintains a robust state advocacy program which is anchored by its own legislative policy agenda. Members of the CML Policy Committee review that agenda annually to recommend modifications and are also able to recommend CML draft legislation on specific issues. The Legislative Review Committee has recommended CML sponsor legislation in the 2015 General Assembly seeking to provide community emergency responders with information about the contents of trains carrying hazardous materials in advance of the trains traveling through the jurisdiction. In recent years similar legislation has been adopted in several states. Use of freight rail has increased over the last several years throughout the United States. Some of this increase is due to the environmental benefits and low cost of rail relative to other methods of transportation. Freight trains have been increasingly carrying hazardous materials including crude oil and chemicals across the country. Hazardous material shipments could have an impact on Fort Collins because the railroad tracks travel through populated areas of the community. City emergency responders are not provided information in advance of the train traveling through a community about the timing, contents or source of the materials transported. Knowledge of the materials traveling through the community can help responders train and ensure that necessary emergency apparatus are available. Agenda Item 10 Item # 10 Page 2 The 2014 legislative policy agenda does not explicitly address this issue or contemplate Fort Collins having a leadership role in advancing legislation. The policy agenda includes statements on hazardous material management: 1. “Support legislation that facilitates cooperative programs among government agencies in order to help the City meet its basic transportation needs, including transit, street, highway, road and bridge construction and maintenance, and safe corridors for bicyclists and pedestrians.” 2. “Support legislation that strengthens the enforcement of hazardous materials regulations.” BOARD / COMMISSION RECOMMENDATION At its September 23, 2014, meeting the Legislative Review Committee recommended support of this resolution. ATTACHMENTS 1. Legislative Review Committe minutes (draft), September 23, 2014 (PDF) 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 Meeting Notes September 23, 2014, 4:00 p.m. City Manager’s Conference Room Present: Wade Troxell, Councilmember; Lisa Poppaw, Councilmember; Ross Cunniff, Councilmember; Wendy Williams, Assistant City Manager; Jenny Lopez-Filkins, Assistant City Attorney; Dan Weinheimer, Legislative Policy Manager Absent: None Guests: Kevin Jones, Chamber of Commerce Councilmember Troxell called the meeting to order at 4:05 pm. Adoption of the minutes from the September 9, 2014 meeting were moved for approval by Councilmember Cunniff and seconded by Councilmember Troxell. Minutes were adopted without amendment. LRC reviewed the 2015 Legislative Priorities working draft and provided feedback. The objectives were refined and the document received minor editing. A final draft of the policy priorities will be brought on October 14 for LRC review. LRC discussed the submissions to the Colorado Municipal League (CML) Policy Committee. At this time there are six (6) proposals for the Policy Committee to consider. Dan explained each proposal and LRC considered whether the City’s representatives on the Policy Committee should support or be neutral on those proposals (none were recommended to oppose).  Fort Collins submitted a proposal to seek disclosure of hazardous material information from railroad companies. At this time local responders are not informed in advance of trains traveling through the community of the timing, materials, or quantities for shipments of hazmat. The bill concept is to require limited disclosure of the train contents and joint training from the railroads shipping the materials. LRC voted to support this proposal.  Estes Park submitted a proposal to repeal or revise restrictions on municipal broadband services. LRC voted to support this proposal. ATTACHMENT 1 2  Firestone and Frederick submitted a proposal to remove “quality of service” requirement on fire protection districts. Dan indicated that he did not have feedback yet from Poudre Fire Authority to help LRC in considering a position. LRC did not take a position on this proposal.  Montrose submitted a proposal to address a locally initiated public safety sales tax. LRC discussed this issue and determined that this seemed an issue between the city and county without an obvious broader nexus that might involve Fort Collins. LRC voted to remain neutral.  CML staff submitted a proposal on beer and liquor licensing which seeks to provide automatic denial of a state permit to businesses that have not received local approval. The proposal concerns manufacturer’s licenses, winery license and the wholesaler’s license. The changes seek to provide additional local control to apply zoning, noise and nuisance and reasonable needs of the neighborhood in licensing. LRC voted to support this proposal.  Grand Junction submitted a proposal to backfill and protect the federal mineral lease-funded Local Government Permanent Fund. This fund is intended to create a “rainy day fund” to share bonus federal mineral lease revenue among local governments. has been used by the General Assembly for other purposes. The proposal seeks a bill that would backfill the fund. LRC voted to remain neutral on this proposal. LRC discussed review of the 2015 Legislative Policy Agenda at the October 14 meeting. The meeting was adjourned at 5:00 pm. - 1 - RESOLUTION 2014-088 OF THE COUNCIL OF THE CITY OF FORT COLLINS REQUESTING THAT THE COLORADO MUNICIPAL LEAGUE SPONSOR LEGISLATION BEFORE THE COLORADO GENERAL ASSEMBLY THAT WOULD PROVIDE LOCAL EMERGENCY RESPONDERS WITH ADVANCE INFORMATION REGARDING HAZARDOUS MATERIALS SHIPMENTS BEING MADE ON RAIL FREIGHT ROUTES WITHIN THE STATE WHEREAS, freight shipments are delivered throughout the state by railroads, many of which shipments include hazardous materials; and WHEREAS, various freight routes are located within the City, many of which are located within commercial and heavily populated residential areas of the City; and WHEREAS, the delivery of hazardous materials in freight shipments on rail routes within the City presents a potential health, safety and welfare threat to the City and its citizens; and WHEREAS, it is in the best interests of the City that local emergency responders be provided with advance information about timing, contents and sources of hazardous materials being transported in the City so that the City’s emergency responders can adequately respond to hazardous material emergencies that may arise. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Colorado Municipal League is requested to sponsor legislation providing advance information to local emergency responders in the state regarding railroad hazardous materials shipments, timing, contents and sources of hazardous materials being shipped on the freight rail routes within the state. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th day of October, A.D. 2014. _________________________________ Mayor ATTEST: _____________________________ City Clerk