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HomeMy WebLinkAboutAgenda - Mail Packet - 1/24/2023 - 2 - Legislative Review Committee Agenda – January 24, 2023 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, January 24, 2023 3:00-4:00PM 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/92389861757 1. Approval of minutes from October 25, 2022 meeting a. Attached: October 25, 2022 minutes 2. Session Kick-off a. Jennifer Cassell and Ed Bowditch (lobbyists) intro to session expectations and bills of note and overview of CML Policy Committee recommendations (attached) b. Bill tracker overview and staff introductions 3. Other Business and Announcements 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, October 25, 2022 3:00-4:00PM Council Information Chambers (CIC) in City Hall 300 LaPorte Ave Councilmembers present: Mayor Jeni Arndt, Councilmember Canonico (chair), Councilmember Peel Staff present: Tyler Marr, Ginny Sawyer, John Duval, Carrie Daggett, Lindsay Ex, John Phelan, Honore Depew, Sylvia Tatman-Burruss, Megan Valliere Guests present: Ed Bowditch (lobbyist), Jennifer Cassell (lobbyist), Anita Seitz (CC4CA), Jacob Smith (CC4CA) 1. Approval of minutes from June 28, 2022, meeting a. The Mayor moved to approve the minutes from June 28, 2022, and Councilmember Peel seconded. Motion passed. 2. CC4CA a. Representatives from CC4CA and Bowditch & Cassell Public Affairs attended the October meeting of the LRC onsite for an opportunity to align and discuss priorities for the 2023 legislative session. The goals of the presentation include discussing the ways that the efforts of both CC4CA and the City dovetail and e xchanging dialogue regarding the tensions that CC4CA navigates as a coalition of independent entities. The slides from Anita and Jacob’s CC4CA presentation are attached to these minutes. Some highlights from the discussion include: i. CC4CA is a coalition of 39 local governments across the state advocating for stronger state and federal climate policy. The organization has seen greater participation and membership from purple communities the past several years. This ultimately results in greater turnover when partisan/ideological leadership changes, but that is to be expected. ii. The largest highlights from the 2022 legislative session were the Producer Responsibility bill, which represents a transformative shift in Colorado’s current recycling system, and a variety of high-impact air quality investments. Other highlights included transit investments for free ridership during peak ozone season, the energy code, and investments in disaster preparedness and recovery. Jacob mentioned CC4CA’s deep gratitude for Councilmember Canonico, Mayor Arndt, and all other City partners who spent time at the Capitol during 2022 to advocate for these legislative changes. iii. Jacob and Anita highlighted the common tensions for CC4CA in the advocacy space given the unique needs of its municipal/county members. In general, their process is to have soft conversations with members to flag items that will be problematic for them since the coalition operates and advocates by consensus. It is rare for sensitivities in legislation to surface too late in the process, but Jacob and Anita noted that the organization is good at pivoting and responding to those challenges when they come up. Nonetheless, the following present ongoing tensions and challenges: 1. The most common tension is that different communities have different types of electric utilities. Perspectives on legislation often differ based on whether a community has a private or municipal provider. 2. Water sourcing questions often induce hurdles. The coalition does not currently have consensus on trans-basin diversion policies. CC4CA is currently working on building out positions on reduced per capita and absolute water use for buildings, landscaping, and more. 3. Legislation that impacts land use introduces tensions related to local control, a value that is often the starting place for most local governments. The Governor’s Office is interested in affordable housing, climate, and transportation, but these interests are often at odds with local control, too. iv. CC4CA’s value proposition is coalescing and providing opportunities for partnership and support. They are also working on providing member communities with resources on getting connected to federal funding through the Inflation Reduction Act and Bipartisan Infrastructure Law. Jacob and Anita encouraged folks to let them know about our big projects for which we’re looking for federal support so that they can better tailor sessions and content to our needs. 3. Updates from the City’s lobbying team through Bowditch and Cassell Public Affairs a. Any substantive updates on activity at the Capitol will have to wait until after November’s election since many folks are focused on reelection and upcoming changes to the body’s membership and makeup. b. The state is likely to see a very constrained fiscal environment this upcoming year due to TABOR limitations. Overall, Jen and Ed predict that this will be a lean budget year at the state. c. Jen and Ed are anticipating a large piece of legislation related to affordable housing. They’re seeing a renewed effort for a tax credit for employers who donate to employees trying to buy a home. Since few taxpayers are claiming the credit themselves, folks are considering offering it to employers as a different mechanism to support home ownership. 4. Other Business and Announcements a. NLC Trip: November 16-19 i. Kelly DiMartino, Rupa Venkatesh, Mayor Arndt, and Councilmembers Canonico and Peel will be attending the National League of Cities trip in Kansas City in November. This conference is more focused on local policy solutions than legislative advocacy. b. Legislative Breakfast: Wednesday, December 14 from 8-9:30am in the Colorado River Room i. Ginny noted that this will be a great time to discuss the new Land Development Code with our state representatives, recognizing that the Council will have to decide its comfort level with the state taking a more affirmative role in land use decisions even if those changes positively impact our stated policy goals. c. Legislative Policy Agenda printed and available by December 9 i. Council recently passed the Legislative Policy Agenda for the 2023 session, and it will be on fcgov.com by early December. The City’s Communication and Public Involvement Office is working on graphic design for the document at present. Once the LPA is available online, we will be able to share it outwardly and use it as a guide for the coming year. d. CML Policy Committee i. The CML Policy Committee discussed streamlining extended patio scenarios for serving and consuming alcohol. There was a lot of enthusiasm at the Policy Committee meeting regarding outdoor dining. ii. The City has purchased a Capitol Watch subscription solely for Councilmember use. Ginny plans to set up some learning sessions for interested Councilmembers so that they can learn how to use the tool to track bills of interest more easily in real time. Fort Collins City Council LRC October 25, 2022 What CC4CA Does §Policy Advocacy o Colorado General Assembly o State agencies & rulemaking commissions o Federal Congressional delegation §Workshops & trainings §Science & policy updates/briefings §Other resources §Adams County §Aspen §Avon §Basalt §Boulder §Boulder County §Breckenridge §Broomfield §Carbondale §Clear Creek Cnty §Crested Butte §Dillon §Durango §Eagle County §Edgewater §Erie §Fort Collins §Frisco §Gilpin County §Glenwood Springs §Golden §Lafayette §Longmont §Louisville §Lyons §Mountain Village §Nederland §Northglenn §Ouray County §Pitkin County §Ridgway §Salida §San Miguel County §Snowmass Village §Summit County §Superior §Telluride §Vail §Wheat Ridge CC4CA Members §Producer responsibility –transform CO’s recycling system §Air quality investments -$47M for APCD, $125M for EV & EE grants, $7M for aerial pollution surveys, $124M for transportation 2022 Legislative Session –Highlights §Free transit during peak ozone season §Energy code –2021 IECC, electric-& solar-ready, low energy & carbon code §Disaster preparedness and recovery –new Disaster Rebuilding Office 2022 Legislative Session –Highlights §Toughest -in-the-nation rules for finding and fixing oil & gas leaks §COGCC adopted substantially stronger orphan well rules §Limits on transportation GHG emissions §New transportation enterprise funds §Tri -State committed to 80% GHG reductions by 2030 §Xcel must accelerate coal plant retirement (including Comanche 3 by 2031) and no new gas plants §Made federally enforceable 15 coal plant retirements by 2029 Regulatory & Policy Advocacy: Recent Highlights §Ozone & air quality §Buildings §Affordable housing/climate/transportation/land use §Grid §EJ/equity §Transportation §Federal funding §Solid waste §More narrowly targeted legislation §Budget/appropriations Looking Ahead: 2023 Legislative Session Anita Seitz, Advocacy Director aseitz@cc4ca.org Jacob Smith, Executive Director jsmith@cc4ca.org 1 To: CML Executive Board Members From: CML Advocacy Team Date: December 02, 2022 Subject: CML Policy Committee Recommendations The CML Policy Committee met on December 2, 2022. Below is a summary of the committee’s recommendations. CML-Initiated Legislation Elections: Title 31 Vacancies and Recalls CML in partnership with the Colorado Municipal Clerks Association have worked to identify statutes in Title 31municipal election code which require updating as they relate to filling of vacancies and municipal recall elections. Vacancies The bill would identify how an election could be called if there are not enough members of the governing body available to form a quorum to appoint a member or call an election. In such situations, the bill gives the municipal clerk the ability to set the election date, subject to cancellation by the body if a quorum is reached. Recall The bill changes various provisions of Title 31 for municipal recall elections. The bill requires that members of a recall committee be registered electors of the municipality. The bill also requires signers to include their municipality and county with their address when signing a petition, making it consistent with other petitions used by municipalities. The bill repeals requirements to send a copy of a protest to the county clerk and recorder and for the county clerk and recorder to prepare a list of registered electors for the protest. The bill adds language to clarify that nomination petitions for successors may be circulated for 20 calendar days. The bill provides that if the incumbent is not recalled, the votes for a successor are not recorded and any unofficial results shall not be disclosed. The bill further clarifies deadlines and procedures for circulating and filing petitions and filing protests. The bill clarifies petition signature requirements for a recall election in which more than one officer is sought to be recalled. Request: CML-initiated legislation. Lobbyist: Heather Stauffer. 2 Policy Statement: The League supports the right of all municipalities under the Colorado state statutes to conduct free and fair nonpartisan elections at the municipal level that are unencumbered by state and federal overreach. CML POLICY COMMITTEE RECOMMENDATION: CML-INITIATED LEGISLATION CML BOARD POSITION: CML-INITIATED LEGISLATION Regulated Substances: Local Control of Psilocybin Mushrooms CML opposed Proposition 122, primarily because it fails to allow local control over the ability for municipalities to prohibit healing centers in their municipalities and preempts local laws. Staff proposes that CML, either independently or in collaboration with others, initiate legislation to enhance local control and protections, including allowing a local option to restrict the operation of healing centers unless specifically authorized by local legislation or to create a local licensing structure similar to marijuana. Request: CML- initiated legislation. Lobbyist: Mollie Steinemann. Policy Statement: The League supports state enabling legislation that provides municipalities with authority and flexibility to address local needs. CML POLICY COMMITTEE RECOMMENDATION: CML-INITIATED LEGISLATION CML BOARD POSITION: CML-INITIATED LEGISLATION 3 Action Items Broadband: SB 05-152 Modifications The Broadband Office believes that the voting requirement in SB05-152 is enough of an impediment to local governments accessing broadband that they would like to see this vote repealed in this legislative session in order to access the federal broadband dollars being directed towards our state. CML’s position has long been that local votes requested by telecom providers in 2005 never fail and aren’t opposed. There are currently over 120 municipalities and 40 counties that have opted out of the SB 152 election requirement. The legislation may also include updates to the statute to conform with current broadband standards. Of great concern is the apparent collaboration by the Broadband Office with telecom providers for language prohibiting cross-subsidization Staff recommendation: Staff discretion to oppose unless amended. Lobbyist: Jaclyn Terwey. Policy Statement: The League opposes federal or state restrictions on the authority of local governments to develop or acquire their own broadband or telecommunications infrastructure. CML POLICY COMMITTEE RECOMMENDATION: STAFF DISCRETION TO OPPOSE UNLESS AMENDED CML BOARD POSITION: STAFF DISCRETION TO OPPOSE UNLESS AMENDED Broadband: Microtrenching Staff has become aware of a potential piece of legislation on microtrenching that would preempt municipal authority to control the use of public right-of-way and implement statewide permitting standards for microtrenching. Microtrenching is a process for laying fiber for broadband where there is a cut approximately 3-4 inches wide, much closer to the sidewalk than the rest of the underground utilities, and the fiber is laid much shallo wer than normal. Complaints normally heard regarding microtrenching include road maintenance, road integrity, liability for different area of the road from the rest of utilities, and that it cannot be done on cement roads. The loss of municipal control of municipal property could also disrupt staff operations and permitting processes, lead to a loss of control over disruptions to pedestrian routes and residential and commercial access, limitations on future municipal projects and other right-of-way uses, and a loss of municipal revenue. We are still waiting to see the language 4 on this and have conversations with the bill sponsor. Staff recommendation: Staff discretion to oppose Lobbyist: Jaclyn Terwey. Policy Statement: The League opposes federal or state restrictions on local control of municipal rights-of-way. CML POLICY COMMITTEE RECOMMENDATION: OPPOSE CML BOARD POSITION: OPPOSE Criminal Justice: Prevention of Auto Theft The Colorado District Attorneys Council announced plans to introduce a bill that would curb the occurrence of automobile theft. Currently, theft of a vehicle that is worth less than $2,000 is a misdemeanor. The proposed legislation would make any automobile theft a felony, regardless of the value of the car. Full details of the legislation have not been released yet, and staff is working with law enforcement stakeholders to get more information. Staff recommendation: Staff discretion to support. Lobbyist: Meghan MacKillop and Mollie Steinemann. Policy Statement: The League supports ensuring that municipal governments retain flexibility in implementing federal and state criminal justice programs. POLICY COMMITTEE RECOMMENDATION: STAFF DISCRETION TO SUPPORT CML BOARD POSITION: STAFF DISCRETION TO SUPPORT Criminal Justice: Limitation of No-Knock Warrants HB21-1250 established a study group to review no-knock warrants (NKW) and forced entry with the requirement to turn in their recommendations and findings to the office of the Attorney General. The study group compiled 5 consensus recommendations, which include changing conditions for granting NKW and limiting the scope of use; requiring specialized training for officers who conduct NKW; accountability after NKW are performed; and data collection and reporting. Senator Rhonda Fields will run legislation implementing most of these recommendations. She has also indicated she will go beyond the consensus recommendations and include 3 additional non-consensus recommendations that would codify requirements to use NKW and knock-and- announce warrants; requirements to provide racial impact statements when NKW are used; and restricting the use of evidence collected from a NKW search. Staff recommendation: Staff discretion to oppose unless amended. Lobbyist: Meghan MacKillop and Mollie Steinemann. 5 Policy Statement: The League opposes efforts to expand the liability of public entities and public employees. POLICY COMMITTEE RECOMMENDATION: STAFF DISCRETION TO OPPOSE UNLESS AMENDED CML BOARD POSITION: OPPOSE UNLESS AMENDED Housing: Colorado Right to Rest Act Staff is aware of another attempt to pass the Colorado Right to Rest Act. This bill has been introduced in several prior sessions. It would prohibit local governments from enacting or enforcing laws, ordinances, rules, or regulations that discriminate based on housing status. In addition, this bill provides every person certain rights in public spaces without being subject to criminal and civil penalties or harassment. While staff does not yet know if this bill will have the exact provisions as past bills, we anticipate it will include the local government preemption and may create a basis for increased municipal liability. CML has historically opposed attempts at passing this legislation. Staff recommendation: Oppose. Lobbyist: Meghan MacKillop. Policy Statement: The League opposes state preemption of local authority to adopt and enforce ordinances that regulate use of public spaces. The League opposes efforts to expand the liability of public entities and public employees. POLICY COMMITTEE RECOMMENDATION: OPPOSE CML BOARD POSITION: OPPOSE Housing: Extension and Expansion of Habitat for Humanity Property Tax Exemptions Habitat for Humanity is seeking to run a bill that would extend and expand the organization’s current property tax credit. Currently, Habitat for Humanity qualifies for a property tax credit for 5 years when they purchase a property if they provide homes to people earning 80 percent of the area median income (AMI). This session they will seek to extend that property tax credit to 10 years. They will also update the AMI provision by increasing it to 100 percent AMI, in order to provide for the higher cost of living in mountain resort areas. Staff recommendation: Support. Lobbyist: Meghan MacKillop Policy Statement: The League supports an adequate supply of diverse housing options, regardless of income level, and continued public– and private– sector support for such an effort. 6 POLICY COMMITTEE RECOMMENDATION: NO POSITION, staff will bring back the item in February CML BOARD POSITION: ITEM TABLED Housing: Right of First Refusal for Multi-family Residential Property Representative Andrew Boesenecker (D, Fort Collins) is running legislation that would give a “local public entity” the right of first refusal to match any offer a seller of a residential multi-family property to create affordable housing. A “local public entity” includes a municipality, county, institution of higher education, and housing authority. Staff has been involved in meetings with the proponents of the bill and is working with them on changes to the current draft. Many details are still to be worked out, including the timeline for executing the right of first refusal, what public entities can exercise the right of first refusal, what qualifies as affordable housing for the purposes of the bill, and how long the property would have to remain affordable housing. The CML Executive Board Subcommittee on Housing provided direct input to staff ahead of this meeting. While the committee signified that this proposal would create opportunities for local governments to provide affordable housing, there was concern with the first draft. Staff will continue to work with Representative Boesenecker and the proponents to make necessary changes to the bill. Staff recommendation: Support. Lobbyist: Meghan MacKillop Policy Statement: The League supports an adequate supply of diverse housing options, regardless of income level, and continued public–and private– sector support for such an effort POLICY COMMITTEE RECOMMENDATION: MONITOR, staff will bring back the item in February CML BOARD POSITION: MONITOR Open Records: Colorado Open Records Act Reform Senator Chris Hansen, with support from The Colorado Press Association, will run a bill to reform Colorado Open Records statutes. While they have not currently shared a draft, we know that the bill will address issues such as requiring detailed estimates and itemized receipts for all CORA requests, restricting fees for transmitting electronic records, and requiring agencies to allow for payment of CORA requests via credit cards. The Press Association have also expressed interest in creating a fee exemption for the media. The bill will also address email retention policies but likely only at the state level for state agencies. Staff recommendation: Staff discretion to oppose unless amended. Lobbyist: Heather Stauffer. 7 Policy Statement: The League opposes undue burdens placed upon municipalities to report or provide municipal records to the public, state, or federal government. The League supports the authority of municipalities to charge research and retrieval fees for open records requests. POLICY COMMITTEE RECOMMENDATION: STAFF DISCRETION TO OPPOSE UNLESS AMENDED CML BOARD POSITION: STAFF DISCRETION TO OPPOSE UNLESS AMENDED Sustainability/Environment: Treatment of Closed Local Government Landfills Many county- and municipally owned landfills closed years or decades ago in accordance with regulations at the time of closure. As the state continues to identify new emerging contaminants, addressing any environmental or public health risks from landfills is important. However, local governments do not have adequate resources to mitigate these concerns. CCI is running a bill that would create a new grant program, or expand an existing one, to provide funding for environmental remediation and maintenance of both closed and small county- and municipal-owned landfills. Staff recommendation: Support. Lobbyist: Meghan MacKillop. Policy Statement: The League supports increased dialogue and cooperation among federal, state and local officials and the development of cooperative intergovernmental solutions to common problems. The League opposes unfunded state and federal mandates that impose financial burdens on municipalities and their citizens. POLICY COMMITTEE RECOMMENDATION: SUPPORT CML BOARD POSITION: SUPPORT Transportation/Parks and Recreation: Road Maintenance for State Park Access CCI will be running legislation to provide local governments funding for maintenance of roads that serve as state park and state wildlife area access. This funding would help to perform major road repair, maintain locally owned roads, and develop multi-modal access to state parks and state wildlife areas. Most of the traffic on the roads leading to state parks is from attendees and is exponentially higher than the use by area residents. CCI is proposing a two-pronged approach that would provide local governments with options for funding these areas – requesting that the Department of Natural Resources allocate a percentage of funds raised through the Keep Colorado Wild Pass to local governments; and authorize local governments who wish to adopt an 8 additional fee on daily visitor passes to work in cooperation with DNR to do so. Staff recommendation: Support. Lobbyist: Meghan MacKillop. Policy Statement: The League supports increased funds to finance pressing surface transportation needs as long as an equitabl e portion of new revenues is returned to cities and towns. POLICY COMMITTEE RECOMMENDATION: SUPPORT IF AMENDED CML BOARD POSITION: NEUTRAL Wildfire: Wildfire Resiliency Code Board Based on a policy recommendation made by the Colorado Fire Commission in 2022, this bill establishes the Wildfire Resiliency Code Board (Board) within the Department of Public Safety. The Board consists of seventeen members serving three-year terms, including three members representing local governments as well as planning, building, and fire professionals who may be associated with local governments. The Board will adopt (by July 1, 2025) statewide codes and standards for the hardening of structures and parcels in the Wildland-Urban Interface (WUI). As part of that, the Board will define where the WUI is located and the areas that are included within it. Local governments will be required to adopt codes that meet or exceed the minimum codes adopted by the Board. A local government may also petition the Board for a modification of the codes. The bill specifies that in any area within the WUI in which no governing body has jurisdiction, or in an area which the local government does not adopt a code, the minimum codes and standards adopted by the board will apply, and the Division of Public Safety will examine plans, charge fees and conduct inspections. Local governments that have adopted codes may inspect buildings and parcels and examine plans for compliance. They can also request assistance from the division in condu cting inspections and examining plans, and they may refer notices of deficiencies to the state board for evaluation or enforcement. Staff recommendation: Oppose unless amended. Lobbyist: Heather Stauffer. Policy Statement: The League supports municipal discretion to adopt, update, and enforce local building codes, including those that meet or exceed state standards. The League opposes delegation of municipal land use authority to state agencies or preemption of municipal land use controls. POLICY COMMITTEE RECOMMENDATION: OPPOSE UNLESS AMENDED CML BOARD POSITION: OPPOSE UNLESS AMENDED 9 Utilities: Residential Solar Permitting Process Software Colorado Solar & Storage Association shared a bill proposal that would utilize one-time funding to provide a grant pool for local communities to tap for technical assistance and online improvements to implement SolarAPP+ and reduce time, cost, and burden for permitting solar installations. SolarAPP+ was created by the National Renewable Energy Laboratory as a standardized plan review software for local communities to streamline their residential solar permitting process. There will be no requirement to use this software, and there will be a grant process for the communities interested in implementing the system. Staff recommendation: Staff discretion to support. Lobbyist: Jaclyn Terwey. Policy Statement: The League supports the use of private sector businesses to provide public services when determined by municipal officials to be in the public interest. POLICY COMMITTEE RECOMMENDATION: STAFF DISCRETION TO SUPPORT CML BOARD POSITION: NEUTRAL