HomeMy WebLinkAboutAgenda - Mail Packet - 3/21/2023 - 02 - Legislative Review Committee Meeting Agenda Materials -March 21, 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, March 21, 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/95744374848
1. Approval of minutes from February 21, 2023 meeting
a. Attached: February 21, 2023 minutes
2. Bill review
a. Current Bill tracker (attached)
b. Other bills
i. HB-1132: Court Data Sharing (CML initiated/CML Support)
ii. SB-111: Public Employee Workplace Protections (CML Oppose)
iii. HB 1202: Overdose Prevention Center Authorization
iv. HB-1242: Water Conservation in Oil & Gas Operations
v. Micro-trenching -Not introduced
vi. Workers Comp Bills – Not introduced
vii. CORA – Not introduced
viii. Utility Clean Energy Plans
ix. Housing/Land Use Bill
3. Other Business and Announcements
a. Other
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
Draft
Legislative Review Committee Minutes
Tuesday, February 21, 2023
3:00-4:00PM
Council Information Chambers (CIC) in City Hall
300 LaPorte Ave
In-person with Zoom option
Councilmembers present: Mayor Arndt, Councilmember Canonico (chair)
Councilmembers absent: Councilmember Peel (excused)
Staff present: Ginny Sawyer, Tyler Marr, Megan Valliere, John Duval, Eric Potyondy, Honore Depew,
John Phelan, Jessica Jones
Guests present: Ed Bowditch (lobbyist), Jennifer Cassell (lobbyist), Kevin Jones (Fort Collins Chamber of
Commerce)
1. Approval of minutes from January 24, 2023 meeting
a. The Mayor moved to approve the minutes from the January 24th, 2023, meeting.
Councilmember Canonico seconded. Motion passed 2-0.
2. Bill review
a. The Legislative Review Committee reviewed bills that LRC members, City staff, and
lobbyists are monitoring. The following table details the specific bills that LRC discussed.
Bill/Bill Topic Introduced
Y/N
Prime
Sponsors
LRC Discussion Action Taken,
Recommendation
or Consensus from
LRC
HB23-1039 -
“Electric
Resource
Adequacy
Reporting”
Y Rep. Bird
Sens.
Rodriguez
and Winter
CAMU and PRPA indicated that
they are okay with this bill due
to the incorporation of some
language requested by PRPA.
N/A
HB23-1057 -
“Amenities For
All Genders In
Public Buildings”
Y Reps. Karen
McCormick
and Vigil
Sen. Jaquez
Lewis
This bill requires that all new
public facilities include gender
neutral restrooms.
N/A
HB23-1101 -
“Ozone Season
Transit Grant
Y Reps. Vigil
and Bacon
Sen. Winter
This bill is meant to increase the
flexibility of grant dollars
available through the ozone
Based on
conflicting
information about
Program
Flexibility”
season transit grant program.
The bill has passed the House
and should be scheduled for
hearing in the Senate soon.
whether Fort
Collins would be
eligible for grant
funding given our
fare free model,
Jen and Ed will
work on sharing
our interest in
clarification or a
friendly
amendment to
ensure our
eligibility with our
delegation
members.
HB23-1115 -
“Repeal
Prohibition Local
Residential Rent
Control”
Y Reps.
Mabrey and
Velasco
Sen.
Rodriguez
Would remove the prohibition
on local governments from
enacting rent control for
residential properties/units.
N/A
HB23-1127 -
“Customer’s
Right to Use
Energy”
Y Rep. Winter
Sen. Baisley
No longer relevant – postponed
indefinitely in House Committee
on Energy & Environment.
N/A
HB23-1131 -
“Majority of
Unit Owners
Required for
Home Owners’
Association
Budgets”
Y Rep.
Weinberg
No longer relevant – postponed
indefinitely in House Committee
on Transportation, Housing &
Local Government.
N/A
HB23-1134 -
“Require Electric
Options in Home
Warranties”
Y Reps. Joseph
and Kipp
Sen. Cutter
This bill passed the House and
was introduced in Senate last
week. Its purpose is to reduce
gas appliance use.
N/A
HB23-1148 -
“Temporary
Prohibition on
Rule-making
After Rule
Adopted”
Y Rep. Evans
Sen. Pelton
Councilmember Canonico
indicated some curiosity about
this bill, and Ed shared that it is
unlikely tomake it out of the
House Committee on State,
Civic, Military, & Veterans
Affairs.
N/A
HB23-1161 -
“Environmental
Standards For
Appliance”
Y Reps. Kipp
and Willford
Sen. Cutter
Has been introduced in the
house but not yet heard in
committee. Would update
N/A
standards for certain appliances
and fixtures sold in the state.
HB23-1166 -
“Repeal Retail
Delivery Fees”
Y Rep. Pugliese
Sen. Will
No longer relevant – postponed
indefinitely in House Committee
on Transportation, Housing &
Local Government
N/A
HB23-1169 -
“Limit Arrest For
Low-level
Offenses”
Y Rep. Bacon This bill would prohibit law
enforcement from arresting
people based on petty offenses.
CML and many municipalities
are paying attention to this bill
since it violates home rule
authority/local control and may
cause concerns related to public
safety.
The group
directed Jen and
Ed to share our
opposition with
members of our
delegation, and
they said they
would write up
fact sheets and do
so.
HB23-1190 -
“Affordable
Housing Right of
First Refusal”
Y Reps.
Boesenecker
and Sirota
Sen. Winter
Would create a right of first
refusal for local governments or
their agents to purchase multi-
family dwelling units to use for
affordable housing. Rep.
Boesenecker has shared that he
would greatly appreciate a
support position from Fort
Collins. The bill may be heard in
committee week of 02/27.
N/A
SB23-011 -
“Minor Driver’s
Education
Requirements”
Y Sen. Winter
Reps.
Boesenecker
and Lindsay
Would provide a tax credit for
parents of minors who take a
driver’s ed program, good for
up to $1000.
N/A
SB23-016 -
“Greenhouse
Gas Emission
Reduction
Measures”
Y Sen. Hansen
Reps.
McCormick
and Sirota
Would require local
government to expedite the
process to install new
transmission lines. It also
includes increased GHG
reduction goals at smaller
intervals (every five versus ten
years). When the bill was
discussed at CAMU, people
suggested keeping a lot of the
content but removing language
related to adding new goals
since the state will be
completing a GHG inventory
later this year.
N/A
SB23-035 -
“Middle Income
Housing
Authority Act”
Y Sens. Bridges
and Moreno
Rep. Herod
Clarifies powers of the existing
middle-income housing
authority and expands the
number of people on the board
of directors.
N/A
SB23-058 - “Job
Application
Fairness Act”
Y Sens.
Danielson
and Jaquez
Lewis
Reps.
Willford and
Young
Would prohibit employers from
inquiring about an applicant’s
age, date of birth, or transcripts
that indicate date of graduation
from an education institution
on an employment application.
N/A
SB23-097 -
“Motor Vehicle
Theft and
Unauthorized
Use”
Y Sens.
Zenzinger
and Gardner
Reps. Bird
and Soper
Would eliminate value
differentiation in auto theft
cases so that any auto theft
regardless of the value of the
vehicle is classified as a felony.
N/A
SB23-143 -
“Retail Delivery
Fees”
Y Sens.
Fenberg and
Van Winkle
This bill would allow businesses
to assume retail delivery fees
from a purchaser, potentially
simplifying itemized recipients
and point of sales systems for
businesses.
N/A
SB23-150 -
“Require
Labeling
Disposable
Wipes”
Y Sens.
Roberts and
WIll
Reps.
Froelich and
Frizell
Would require producers of
pre-moistened wipes to put on
the packaging language to the
effect of “do not flush, these
products will clog sewer lines.”
N/A
CORA Bill N Sen. Hansen In its current draft, the bill
would create a differentiation in
fees for CORA requests based
upon a requestor’s status as a
member of the media. There
are quite a few concerns
regarding this bill’s attempt to
define “the media” for the
purposes of CORA requests.
N/A
Microtrenching
Bill
N Rep. Titone CML still opposes this bill. The
second draft still requires local
governments to allow micro-
trenching, and the only way we
would be able to reject an
application is if it is in the
interest of health and safety.
Our engineering staff has
The City generally
opposes
microtrenching as
a concept or
procedure for
broadband
installation and
concerns about maintenance
liability over time.
did not use it for
Connexion.
Access to
Government
Meetings
N Rep. Ortiz While the bill has not yet been
introduced, the current draft
requires that all elected officials
be able to access facilities
regardless of physical
(dis)ability. Additionally, every
meeting of a local government
or school district would need to
be fully accessible/streamed
where there is public comment.
Ed shared that they are hoping
for a tighter definition of
“public meeting” for the
purposes of the bill, and Tyler
shared that we would like to
see a clear definition of
“streaming” as well.
N/A
Worker’s Comp
Bill
N Rep.
Boesenecker
While the bill is not yet
introduced, the most recent
draft would remove the
worker’s comp impairment
rating schedule and replace it
with the whole person
schedule. Inherently, benefits
are greater in the whole person
schedule, so costs of plans
would go up quite dramatically.
N/A
Water Bill Idea N Unknown The Mayor shared an idea for a
bill related to water sharing
among adjacent districts. At
water congress a few weeks
ago, the Assistant State
Engineer indicated support. The
Mayor and Eric Potyondy will
get something set up offline to
strategize about bringing it
forward and the best way to do
that.
N/A
Land Use Bill N Originating
from the
Governor’s
Office,
sponsors
TBD
We may see a copy in March.
While an initial rough draft may
exist, no one has seen it yet.
There aren’t any substantive
updates to share on this bill at
this juncture.
The group
discussed that
several portions of
the bill as
introduced may
address policy
goals held by City
Council, but home
rule authority is
also our baseline
foundation for
evaluating
proposals from
the General
Assembly.
Domestic
Violence in
County vs.
Municipal
Courts
N Unknown The Mayor shared that Judge
Heuser opposes any bill that
takes power from the municipal
court regarding its ability to
hear domestic violence cases.
We are open to
requirements
regarding Victims’
Assistance
programming for
municipal courts
hearing DV cases,
but we do not
support any
attempt to
remove authority
from municipal
courts.
3. Other Business and Announcements
a. Staff are working on sending out bi-weekly updates to LRC during the legislative session.
These include Jen and Ed’s updates, LRC meeting minutes and agendas, and the City’s
bill tracker. Please feel free to reach out anytime with questions or if something surfaces
on which members would like to engage or take a position.
Bill # Title Description Position Sponsors (House and Senate)
HB23-1039 Electric Resource Adequacy Reporting Concerning a requirement that electric load-serving
entities periodically report about the adequacy of their
electric resources, and, in connection therewith, making
an appropriation.
Monitor House: S. Bird (D); Senate: F. Winter (D), R. Rodriguez
(D)
HB23-1057 Amenities For All Genders In Public
Buildings
Concerning a requirement that certain public buildings
have restrooms with amenities for all genders.
Monitor House: K. McCormick (D), S. Vigil (D); Senate: S. Jaquez
Lewis (D)
HB23-1101 Ozone Season Transit Grant Program
Flexibility
Concerning support for transit, and, in connection
therewith, increasing the flexibility of the ozone season
transit grant program and increasing opportunities for
transit agency participation in regional transportation
planning.
Support House: J. Bacon (D), S. Vigil (D); Senate: F. Winter (D),
N. Hinrichsen (D)
HB23-1115 Repeal Prohibition Local Residential Rent
Control
Concerning the repeal of statutory provisions prohibiting
local governments from enacting rent control on private
residential property or a private residential housing unit.
Monitor House: J. Mabrey (D), E. Velasco (D); Senate: R.
Rodriguez (D)
HB23-1134 Require Electric Options In Home
Warranties
Concerning mandatory provisions in home warranty
service contracts, and, in connection therewith, requiring
a home warranty service contract to include terms
allowing a homeowner to replace any of certain gas-
fueled devices with a device that operates on electricity.
Monitor House: C. Kipp (D), J. Joseph (D); Senate: L. Cutter (D)
HB23-1161 Environmental Standards For Appliances Concerning environmental standards for certain products. Monitor House: C. Kipp (D), J. Willford (D); Senate: L. Cutter (D)
HB23-1169 Limit Arrest For Low-level Offenses Concerning a non-arrest response by law enforcement for
certain low-level offenses.
Oppose House: J. Bacon (D); Senate:
HB23-1190 Affordable Housing Right Of First Refusal Concerning a right of first refusal to purchase qualifying
multifamily residential property by a local government.
Support House: E. Sirota (D), A. Boesenecker (D); Senate: F.
Winter (D)
SB23-016 Greenhouse Gas Emission Reduction
Measures
Concerning measures to promote reductions in
greenhouse gas emissions in Colorado.
Monitor Senate: C. Hansen (D); House: E. Sirota (D), K.
McCormick (D)
SB23-035 Middle-income Housing Authority Act Concerning the operation of the middle-income housing
authority, and, in connection therewith, adding members
to the board of directors and expanding the power of the
authority to enter into public-private partnerships.
Monitor Senate: D. Moreno (D), J. Bridges (D); House: L. Herod
(D)
SB23-053 Restrict Governmental Nondisclosure
Agreements
Concerning restrictions on nondisclosure agreements
that affect government employees.
Monitor Senate: B. Kirkmeyer (R); House:
SB23-058 Job Application Fairness Act Concerning required disclosures of age-related
information on job applications, and, in connection
therewith, making an appropriation.
Monitor Senate: J. Danielson (D), S. Jaquez Lewis (D); House: M.
Young (D), J. Willford (D)
SB23-097 Motor Vehicle Theft And Unauthorized Use Concerning the adoption of the 2023 recommendations of
the Colorado commission on criminal and juvenile justice
regarding motor vehicle offenses committed by a person
who is not the owner of the motor vehicle, and, in
connection therewith, making an appropriation.
Monitor Senate: R. Zenzinger (D), R. Gardner (R); House: S. Bird
(D), M. Soper (R)
SB23-150 Require Labeling Disposable Wipes Concerning a requirement that certain persons label
disposable wipes.
Support Senate: D. Roberts (D), P. Will (R); House: M. Froelich
(D), L. Frizell (R)
SB23-166 Establishment Of A Wildfire Resiliency Code
Board
Concerning the establishment of a wildfire resiliency code
board, and, in connection therewith, requiring the wildfire
resiliency code board to adopt model codes and requiring
governing bodies with jurisdiction in an area within the
wildland-urban interface to adopt codes that meet or
exceed the standards set forth in the model codes.
Monitor Senate: T. Exum Sr. (D), L. Cutter (D); House: M.
Froelich (D), E. Velasco (D)
SB23-172 Protecting Opportunities And Workers'
Rights Act
Concerning protections for Colorado workers against
discriminatory employment practices.
Oppose Senate: F. Winter (D), J. Gonzales (D); House: M.
Weissman (D), J. Bacon (D)
SB23-175 Financing Of Downtown Development
Authority Projects
Concerning the use of tax increment financing by
downtown development authorities, and, in connection
therewith, creating automatic extensions of the periods
during which a portion of property tax revenues may be
allocated to finance projects of an authority and allowing
an authority to incur debt under certain circumstances.
Support Senate: J. Rich (R), S. Jaquez Lewis (D); House: A.
Boesenecker (D), R. Taggart (R)
SB23-183 Local Government Provision Of
Communications Services
Concerning the elimination of the requirement that a local
government obtain voter approval to provide certain
communications services.
Monitor Senate: K. Priola (D), M. Baisley (R); House: B. Titone
(D), R. Weinberg (R)
Fort Collins
Legislative Update
March 10, 2023
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GENERAL UPDATE
Greetings from the Capitol – Thursday was Day 60 – we officially hit the halfway point of the 2023
session. A total of 468 bills have been introduced, with many more currently being drafted.
Yesterday, the House considered two controversial bills – HB 23-1202 (Overdose Prevention Center
Authorization) and HB 23-1219 (Waiting Period to Deliver a Firearm). The second reading floor debate
started at 1 pm, and lasted a full 18 hours – until 7 am Friday morning. Further filibuster sessions can be
expected in the next two months.
As we look to the second half of the session, we can anticipate a major focus on the following issues:
1. State Budget. The Long Bill is scheduled to be introduced on Monday, March 27; each chamber
will spend one week debating the state’s budget priorities.
2. Guns. The package of bills aimed at gun safety measures introduced by the Democrats is
generating significant debate – and these lengthy debates will continue.
3. Property Taxes. As 2023 is a reassessment year, homeowners will receive their Notice of
Valuation on May 1. The significant increases this year are causing many legislators and the
Governor to consider mechanisms for property tax relief. One bill on this topic, HB 23-1054,
which eliminates the 2023 reassessment for most classes of property, has been killed in
committee. Another bill – SB 23-108, which would allow local governments to temporarily reduce
mill levies, passed the Senate unanimously and is awaiting introduction in the House. Thirty-two
of the Senate’s 35 members added their names as sponsors.
4. Affordable Housing. There continue to be many bills on affordable housing under consideration –
including a controversial measure eliminating the statewide prohibition on rent control (HB 23-
1115) that passed the House on a vote of 40-24. It is awaiting its first Senate hearing.
5. Other? There are always surprises in the legislature, and there are sure to be some unexpected
bills that take up a lot of time.
OF INTEREST TO FORT COLLINS
The next draft of the CORA bill has been circulated and will likely be introduced later this month. Also, SB
23-150, requiring labels for disposable wipes, has been passed unanimously by the Senate on second
reading and is awaiting Senate third reading. SB 23-097, Motor Vehicle Theft, passed Senate second
reading on the consent calendar and awaits Senate third reading.
F o r t C o l l i n s B i l l R e p o r t
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