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HomeMy WebLinkAboutMemo - Mail Packet - 4/9/2024 - Memorandum From Ginny Sawyer Re: Legislative Update Re: Legislative Review Committee (Lrc) Draft Minutes, Agenda For Tuesday, April 9, 2024, And Updates 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 MEMORANDUM Date: April 4, 2024 To: Mayor and City Councilmembers Through: Kelly DiMartino, City Manager Tyler Marr, Deputy City Manager From: Ginny Sawyer, Project & Policy Manager Subject: Legislative Update The Legislative Review Committee (LRC) met on March 26, 2024. Draft minutes are attached and updates provided below. Numerous bills are now in the appropriation committee and outcomes may depend on assigned fiscal noted. Based on LRC discussion: SB 183 (Mobile Home Taxation Task Force) removed from tracker (does not impact the City.) SB 184 (Support Surface Transportation Infrastructure Development) moved to Support position. HB 1362 (Measures to Incentivize Graywater Use) Staff recommends remaining at Monitor since the Bill does not impact us. HB 1173 (EV Charging System Permits) Continue to Oppose based on potential to be required to utilize a code not yet developed. SB-165 (Air Quality Improvements) This Bill focuses on pollution reduction measures from the transportation and oil and gas sectors. It requires Air Quality Control Commission (AQCC) to develop indirect source rules and VMT reductions and 2028 rulemaking for off-road engine sources. This bill addresses some of the highest emitting sources, including heavy duty off-road engines such as construction equipment and the oil and gas sector. The Bill also includes a seasonal pause on non-electric O&G operations. There are no non-electric operations within the City-limits. The Bill states new rules would be adopted by AQCC, so Colorado Department of Public Health and Environment Air Pollution Control Division would likely be responsible for enforcement and they often contract with the County Health Department to support compliance. SB 166 (Air Quality Enforcement) The Bill creates a category of “repeat violator” for any polluter that violates state regulations five times over three years and requires mandatory fines for subsequent violations by that repeat violator. Additionally, the bill creates a requirement that any industrial and manufacturing sector repeat violator must take active steps to reduce emissions from its facility. DocuSign Envelope ID: 5DA69FDA-79D1-4700-A7F6-8A4F193BF2F2 2 The Bill creates a right for the public to enforce state regulations against any polluter if the state fails to do so. It also makes adjustments to the existing public enforcement section that already exists in the Oil and Gas Act. The bill increases the maximum fines local governments can impose for violations of local air quality regulations. HB 1371 (More Uniform Local Massage Facilities Regulations) This bill would require regulation of local massage facilities including a licensing program and the background check of every operator, owner, and employee. The County does not currently regulate these facilities. HB 1341 (Vehicle Idling Standard) Moved to a support position. The full bill tracker can be found here: https://www.fcgov.com/citymanager/legislative DocuSign Envelope ID: 5DA69FDA-79D1-4700-A7F6-8A4F193BF2F2 City Manager’s Office City Hall 300 LaPorte Ave. PO Box 580 Fort Collins, CO 80522 970.221.6505 fcgov.com Legislative Review Committee Agenda Tuesday, April 9, 2024 4:00 - 5:00PM 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/93098694495 1. Approval of minutes from March 26, 2024 meeting a. Attached: draft March 26, 2024 minutes 2. Bill Review - Current Bill tracker updates (attached and online: Bill Tracker) Positions Bills a. HB 1030 (Railroad Safety) Support b. HB 1160 (Economic Development Grant Program) Support position c. HB 1173 (EV Charging System Permits) Oppose d. HB 1175 (Local governments Rights to Property for Affordable Housing) Support e. HB 1237 (Development of Childcare Facilities) Support f. HB 1296 (Modifications to CORA) Support g. HB 1330 (Air Quality Permitting) Support h. HB 1334 (Broadband for Multiunit Buildings) Support i. Hb 1341 (State Vehicle Idling Standard) Support j. HB 1371 (More Uniform Local Massage Facilities Regulations) k. SB 065 (Mobile Electronic Devices & Motor Vehicle Driving) l. SB 184 (Support Surface Transportation Infrastructure Development) Support Monitor Bills a. HB 1007 (Occupancy) b. HB 1152 (Accessory dwelling Units) c. HB 1168 (Equal Access to Public Meetings) d. HB 1362 (Measures to Incentivize Graywater Use) e. Hb 1239 (Single Exit Stairway) f. HB 1313 (Housing in Transit Oriented communities) g. HB 1434 (Expand Affordable Housing Tax Credit)- Just Introduced h. SB-033 (Lodging Property Tax treatment) i. SB 150 (Processing of Municipal Solid Waste) j. SB 165 (Air Quality Improvements) k. SB 166 (Air Quality Enforcement) l. SB 174 (Sustainable Affordable Housing Assistance) 3. Other Bills of interest a. CC4CA Updates b. Other 4. Other Business and Announcements a. Other Next Meeting: Tuesday, April 23, 4:00 pm DocuSign Envelope ID: 5DA69FDA-79D1-4700-A7F6-8A4F193BF2F2 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 Wednesday, March 26, 2024 4:00-5:00PM Councilmembers Present: Councilmember Canonico (chair), Councilmember Pignataro, Councilmember Ohlson Staff present: Ginny Sawyer, Sylvia Tatman-Burruss, Jenny Lopez-Filkins, Lockie Woods, Megan DeMasters, Jessica Jones (virtual) Guests present: Jennifer Cassell (lobbyist, virtual), Ed Bowditch (lobbyist, virtual), Kevin Jones (virtual), Lucy Bowman (virtual), Annie Dews (virtual), Madi Haley (virtual) 1. Approval of the minutes from the March 5th meeting. The minutes were changed to reflect the meeting occurring from 4:00-5:00pm. Pignataro moved and Ohlson seconded. Passed 3-0. 2. Bill Review a. HB 1366 (Sustainable Local Government Community Planning) i. Governor’s preferred bill, requires local government to perform housing assessments with an environmental focus. ii. Requires CDOT to work with MPOs to identify growth corridors. iii. Fiscal note is about 300K. iv. Discussion about the outstanding funding opportunities for this bill and SB 174. v. Staff think this bill would have a small impact on the City. b. HB 1362 (Measures to Incentivize Graywater Use) i. Introduced recently and passed its first community unanimously. ii. This bill authorizes use of graywater systems state-wide and allows local governments to opt out, rather than the current model which allows local governments to opt in. iii. Creates tax credits for graywater installation. iv. The City’s building code currently allows for some graywater infrastructure, but it may be more narrow than this bill. v. Pending staff assessment of the impact of this bill on the City, the LRC will consider a support position. c. SB 174 (Sustainable Affordable Housing Assistance) i. CML’s preferred bill, focused on housing needs assessments every six years. ii. Fiscal note is about $10M. d. SB 183 (Mobile Home Taxation Task Force) i. Establishes a task force to determine the best way to collect delinquent property taxes on mobile homes that are sold. ii. The County is primarily impacted by this bill, and it will be removed from the tracker. e. SB 184 (Support Surface Transportation Infrastructure Development) i. Establishes several measures to support surface transportation and passenger rail along the front range, including a fee on rental cars. DocuSign Envelope ID: 5DA69FDA-79D1-4700-A7F6-8A4F193BF2F2 2 ii. The LPA indicates support for developing and exploring alternative modes of transportation. iii. CC4CA has yet to take a position on the bill. iv. The LRC elected to take a support position pending any concerns from CC4CA. f. HB 1007 (Occupancy) i. Bill passed the Senate, and now the House needs to concur with the Senate amendments. ii. This bill is likely to pass with the Senate’s amendments. iii. The amendments included Affordable Housing regulations as another rationale for occupancy restrictions. g. HB 1160 (Economic Development Grant Program) i. The bill is currently in the appropriations committee. h. HB 1168 (Equal Access to Public Meetings) i. As introduced, this bill required livestreaming every public meeting by every public body. ii. The bill was amended to only include formal meetings of the elected public body, and the implementation date was moved to July 1, 2025. Elected bodies with fewer than 1,000 electors would have more time for implementation. iii. Discussion about what boards this bill would apply to. iv. CML and CCI are opposed. v. The bill is currently in the appropriations committee, and it is unclear whether it will pass. vi. The LRC will continue to monitor. i. HB 1173 (EV Charging System Permits) i. The sponsor was unwilling to remove the preemptions from this bill. ii. The bill would impose a 30-day timeline for permitting EV charging systems. iii. Ginny will identify staff to testify in opposition to this bill in committee tomorrow, after CML requested testimony. iv. CC4CA is considering moving from a monitor to an oppose position on this bill. j. HB 1237 (Development of Childcare Facilities) i. This bill has strong bipartisan sponsorship. ii. Creates a few programs and provides technical assistance to local governments. iii. Currently in appropriations committee with a fiscal note of almost $4M, unclear whether it will have support. k. HB 1296 (Modifications to CORA) i. The intention of the bill is to help public entities respond to public records requests. ii. It is now in the appropriations committee. iii. Press are exempt from the rules changes; discussion about the definition of “press”. iv. Councilmember Ohlson expressed his opposition to the Bill. l. HB 1239 (Single Exit Stairway) i. Representative Boesenecker is now a co-sponsor on this bill. ii. Discussion about staff’s thoughts on the bill. m. HB 1313 (Housing in Transit Oriented communities) i. The HUTF funding punishment was not removed from this bill. n. HB 1330 (Air Quality Permitting) DocuSign Envelope ID: 5DA69FDA-79D1-4700-A7F6-8A4F193BF2F2 3 i. The City has moved to a support position on this bill. ii. CC4CA is supporting this bill. o. HB 1334 (Broadband for Multiunit Buildings) i. This bill passed the House yesterday and now moves to the Senate. p. SB 005 (Prohibit Landscaping Practices for Water Conservation) i. This bill was signed by the Governor. q. SB-033 (Lodging Property Tax treatment) i. Bill has yet to receive a committee hearing, r. SB 036 (Vulnerable Road Users) i. This bill was postponed indefinitely, but the issue may return this session. s. SB 092 (Energy codes) i. This bill was postponed indefinitely. t. SB 165 (Air Quality Improvements) i. The bill was amended to remove language around diesel fleets and vehicle miles traveled. ii. Staff will assess whether it makes sense to move a support position for this bill. iii. CC4CA is supporting this bill. u. SB 166 (Air Quality Enforcement) i. Discussion about the civil suit element of this bill and staff’s concerns. ii. Staff will assess whether it makes sense to move a support position for this bill. iii. CC4CA is supporting this bill. iv. Staff will develop a full assessment of this bill and share it with the committee. 3. Other Bills of Interest a. SB 095 (Air Quality Ozone Levels) i. CC4CA is supporting this bill. ii. This bill is unlikely to pass. a. SB 150 (Processing of Municipal Solid Waste) iii. According to CML, no municipalities utilize this type of waste. iv. Does not apply to the City’s current practices. b. HB 1370 (Reduce Cost of Use of Natural Gas) v. The City is exempt from the criteria of this Bill. b. HB 1371 (More Uniform Local Massage Facilities Regulations) i. This bill would require regulation of local massage facilities. ii. Ginny will work with the County to assess this bill and their current practices. c. HB 1080 (Youth Sports Personnel Requirements) i. This bill requires background checks for all employees involved in youth recreation programs. ii. The City is already mostly in compliance with this bill, it might require minor modifications to our current process. iii. CML took an oppose unless amend position. d. HB 1346 (Energy & Carbon Management Regulation) i. Bill broadens the regulatory authority of the Energy and Carbon Management Commission. ii. CC4CA is in a monitor position. e. HB 1341 (Vehicle Idling Standard) DocuSign Envelope ID: 5DA69FDA-79D1-4700-A7F6-8A4F193BF2F2 4 i. The bill would enable the City to pass stricter regulations for idling of large commercial trucks. ii. CC4CA is in support of this bill. iii. The LRC will move to a support position. 4. Other Business a. Councilmember Pignataro spoke about signing a letter from the Coalition against Bigger Trucks. b. Budget Update i. The House will consider the Long Bill starting tomorrow and then send it to the Senate. DocuSign Envelope ID: 5DA69FDA-79D1-4700-A7F6-8A4F193BF2F2 Bill # Title Description Position Status Sponsors (House and Senate) HB24-1007 Prohibit Residential Occupancy Limits Concerning residential occupancy limits. Monitor House Considered Senate Amendments - Result was to Concur - Repass (03/28/2024) House: J. Mabrey (D), M. Rutinel (D); Senate: T. Exum Sr. (D), J. Gonzales (D) HB24-1018 College Textbook Sales Use Tax Exemption Concerning a sales and use tax exemption for college textbooks. Support House Committee on Finance Refer Amended to Appropriations (02/08/2024) House: A. Boesenecker (D); Senate: J. Marchman (D) HB24-1028 Overdose Prevention Centers Concerning the authorization for a municipality to allow for the operation of an overdose prevention center within its jurisdiction. Monitor House Second Reading Laid Over Daily - No Amendments (03/11/2024) House: E. Epps (D); Senate: K. Priola (D) HB24-1030 Railroad Safety Requirements Concerning railroad safety, and, in connection therewith, limiting the maximum length of a train operating in the state, requiring certain railroads to use wayside detector systems, limiting the amount of time a train may obstruct public travel at certain crossings, authorizing a crew member's designated union representative to investigate certain reported incidents, authorizing the public utilities commission to impose fines for certain violations, requiring fine revenue to be paid to the front range passenger rail district for the purposes of maintaining and improving the safety of a front range passenger rail system, and requiring certain railroads to carry insurance coverage in minimum amounts. Support House Second Reading Laid Over Daily - No Amendments (03/19/2024) House: J. Mabrey (D); Senate: T. Exum Sr. (D), L. Cutter (D) HB24-1107 Judicial Review of Local Land Use Decision Concerning judicial review of a local land use decision. Support Introduced In Senate - Assigned to Judiciary (03/15/2024) House: S. Bird (D), W. Lindstedt (D); Senate: F. Winter (D), J. Bridges (D) HB24-1152 Accessory Dwelling Units Concerning increasing the number of accessory dwelling units. Monitor House Committee on Transportation, Housing & Local Government Refer Amended to Appropriations (02/27/2024) House: J. Amabile (D), R. Weinberg (R); Senate: T. Exum Sr. (D), K. Mullica (D) HB24-1160 Economic Development Organization Action Grant Program Concerning the creation of the economic development organization action grant program. Support House Committee on Business Affairs & Labor Refer Unamended to Appropriations (02/22/2024) House: B. McLachlan (D), S. Bird (D); Senate: R. Zenzinger (D), B. Kirkmeyer (R) HB24-1168 Equal Access to Public Meetings Concerning equal access to public meetings. Monitor House Committee on Transportation, Housing & Local Government Refer Amended to Appropriations (03/20/2024) House: M. Froelich (D), M. Rutinel (D); Senate: N. Hinrichsen (D) HB24-1173 Electric Vehicle Charging System Permits Concerning expediting the process for permitting electric motor vehicle charging systems. Oppose House Committee on Energy & Environment Refer Amended to Appropriations (03/27/2024)House: A. Valdez (D); Senate: HB24-1175 Local Goverments Rights to Property for Affordable Housing Concerning a local government right of first refusal or offer to purchase qualifying multifamily property for the purpose of providing long-term affordable housing or mixed-income development. Support House Second Reading Special Order - Laid Over Daily - No Amendments (03/22/2024) House: E. Sirota (D), A. Boesenecker (D); Senate: F. Winter (D), S. Jaquez Lewis (D) HB24-1237 Programs for the Development of Child Care Facilities Concerning the creation of programs for the development of child care facilities. Support House Committee on Transportation, Housing & Local Government Refer Amended to Appropriations (03/06/2024) House: M. Bradfield (R), M. Lukens (D); Senate: J. Rich (R), J. Marchman (D) HB24-1239 Single-Exit Stairway Multifamily Structure Concerning requiring a local government to modify a building code to allow five stories of a multifamily residential building to be served by a single exit. Monitor Introduced In House - Assigned to Transportation, Housing & Local Government (02/12/2024) House: A. Valdez (D); Senate: K. Priola (D) HB24-1296 Modifications to the Colorado Open Records Act Concerning modifications to lessen the burdens of responding to records requests for custodians of records under the ""Colorado Open Records Act"". Support House Committee on State, Civic, Military, & Veterans Affairs Refer Amended to Appropriations (03/04/2024) House: M. Soper (R), C. Kipp (D); Senate: J. Marchman (D) HB24-1304 Minimum Parking Requirements Concerning parking requirements within metropolitan planning organizations. Monitor House Committee on Transportation, Housing & Local Government Refer Amended to Appropriations (03/05/2024) House: S. Woodrow (D), S. Vigil (D); Senate: K. Priola (D), N. Hinrichsen (D) DocuSign Envelope ID: 5DA69FDA-79D1-4700-A7F6-8A4F193BF2F2 HB24-1308 Effective Implementation of Affordable Housing Programs Concerning provisions to facilitate the effective implementation of programs for affordable housing, and, in connection therewith, adding annual reporting requirements by the division of housing concerning applications for affordable housing programs and money in and issued from the housing development grant fund; creating a process for reviewing and approving applications for all affordable housing programs by the division of housing; and allowing a credit for donated land to count toward eligibility for affordable housing funding created by the voters' approval of proposition 123. Monitor House Committee on Transportation, Housing & Local Government Refer Amended to Appropriations (03/19/2024) House: W. Lindstedt (D), L. Frizell (R); Senate: HB24-1313 Housing in Transit-Oriented Communities Concerning measures to increase the affordability of housing in transit-oriented communities. Monitor House Committee on Finance Refer Amended to Appropriations (03/25/2024) House: S. Woodrow (D), I. Jodeh (D); Senate: F. Winter (D), C. Hansen (D) HB24-1330 Air Quality Permitting Concerning modifications of processes to obtain permits for activities that impact air quality. Support House Committee on Energy & Environment Refer Amended to Finance (03/13/2024) House: J. Bacon (D), J. Willford (D); Senate: L. Cutter (D) HB24-1334 Broadband Service for Multiunit Buildings Concerning the authorization of a broadband provider's installation of necessary broadband infrastructure in multiunit buildings, and, in connection therewith, specifying legal obligations and rights relating to the installation of broadband infrastructure in such buildings. Support Introduced In Senate - Assigned to Business, Labor, & Technology (03/28/2024) House: A. Boesenecker (D); Senate: C. Hansen (D) HB24-1341 State Vehicle Idling Standard Concerning the state idling standard, and, in connection therewith, authorizing a local government to enact a resolution or ordinance concerning idling that is at least as stringent as, but not less stringent than, the state standard. Support Senate Committee on Transportation & Energy Refer Unamended to Senate Committee of the Whole (04/01/2024) House: J. Willford (D), J. Marvin (D); Senate: L. Cutter (D) HB24-1362 Measures to Incentivize Graywater Use Concerning measures to promote the use of graywater. Monitor House Committee on Agriculture, Water & Natural Resources Refer Amended to Finance (03/25/2024) House: M. Catlin (R), M. Lukens (D); Senate: D. Roberts (D), C. Simpson (R) HB24-1366 Sustainable Local Government Community Planning Concerning sustainable local government community planning. Monitor Introduced In House - Assigned to Transportation, Housing & Local Government (03/11/2024) House: M. Froelich (D), K. Brown (D); Senate: HB24-1434 Expand Affordable Housing Tax Credit Concerning an expansion to the affordable housing tax credit. Monitor Introduced In House - Assigned to Finance (04/01/2024)House: S. Bird (D); Senate: SB24-005 Prohibit Landscaping Practices for Water Conservation Concerning the conservation of water in the state through the prohibition of certain landscaping practices. Monitor Governor Signed (03/15/2024) Senate: D. Roberts (D), C. Simpson (R); House: B. McLachlan (D), K. McCormick (D) SB24-022 Regulate Flavored Tobacco Products Concerning an expansion of the ability of a board of county commissioners to regulate tobacco products. Monitor House Committee on Business Affairs & Labor Postpone Indefinitely (03/07/2024) Senate: K. Mullica (D); House: K. Brown (D), E. Velasco (D) SB24-033 Lodging Property Tax Treatment Concerning the property tax treatment of real property that is used to provide lodging. Monitor Introduced In Senate - Assigned to Finance (01/10/2024) Senate: C. Hansen (D); House: M. Weissman (D) SB24-036 Vulnerable Road User Protection Enterprise Concerning the creation of an enterprise to provide infrastructure improvements that protect vulnerable road users. Support Senate Committee on Finance Postpone Indefinitely (03/19/2024) Senate: F. Winter (D), L. Cutter (D); House: M. Lindsay (D), W. Lindstedt (D) SB24-065 Mobile Electronic Devices & Motor Vehicle Driving Concerning the use of mobile electronic devices when driving a motor vehicle, and, in connection therewith, making an appropriation. Support Introduced In House - Assigned to Transportation, Housing & Local Government (03/18/2024) Senate: R. Fields (D), C. Hansen (D); House: M. Froelich (D), D. Ortiz (D) SB24-081 Perfluoroalkyl & Polyfluoroalkyl Chemicals Concerning measures to increase protections from perfluoroalkyl and polyfluoroalkyl chemicals. Monitor Introduced In House - Assigned to Business Affairs & Labor (03/27/2024) Senate: L. Cutter (D); House: C. Kipp (D), M. Rutinel (D) SB24-092 Cost Effective Energy Codes Concerning cost effective energy codes. Oppose Senate Committee on Local Government & Housing Postpone Indefinitely (02/29/2024) Senate: B. Pelton (R); House: R. Pugliese (R) SB24-095 Air Quality Ozone Levels Concerning measures to address ozone levels in areas that do not meet federal ozone national ambient air quality standards. Monitor Introduced In Senate - Assigned to Transportation & Energy (01/24/2024)Senate: B. Kirkmeyer (R); House: SB24-106 Right to Remedy Construction Defects Concerning legal actions based on claimed defects in construction projects. Monitor Senate Second Reading Laid Over to 04/08/2024 - No Amendments (04/02/2024) Senate: R. Zenzinger (D), J. Coleman (D); House: S. Bird (D) DocuSign Envelope ID: 5DA69FDA-79D1-4700-A7F6-8A4F193BF2F2 SB24-165 Air Quality Improvements Concerning measures to reduce emissions of air pollutants that negatively impact air quality. Monitor Senate Committee on Transportation & Energy Refer Amended to Finance (03/20/2024) Senate: K. Priola (D), L. Cutter (D); House: L. Garcia (D), M. Rutinel (D) SB24-166 Air Quality Enforcement Concerning measures to increase the enforcement of violations that impact the environment. Monitor Senate Committee on Transportation & Energy Refer Amended to Finance (03/20/2024) Senate: F. Winter (D); House: M. Froelich (D), E. Velasco (D) SB24-174 Sustainable Affordable Housing Assistance Concerning state support for sustainable affordable housing, and, in connection therewith, making an appropriation. Monitor Introduced In Senate - Assigned to Local Government & Housing (03/05/2024) Senate: R. Zenzinger (D), B. Kirkmeyer (R); House: S. Bird (D) SB24-184 Support Surface Transportation Infrastructure Development Concerning support for the development of surface transportation infrastructure, and, in connection therewith, providing funding and operational flexibility needed to support the development of transit and rail infrastructure. Support Senate Committee on Transportation & Energy Refer Amended to Finance (03/27/2024) Senate: S. Fenberg (D), J. Marchman (D); House: J. McCluskie (D), A. Boesenecker (D) DocuSign Envelope ID: 5DA69FDA-79D1-4700-A7F6-8A4F193BF2F2