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Home My WebLink AboutMemo - Mail Packet - 4/16/2024 - Memorandum From Ginny Sawyer Re: Legislative Update Re: Legislative Review Committee Minutes From April 9, 2024 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 11, 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 April 9, 2024. Draft minutes are attached and updates provided below. The Committee moved to a support position on the following bills: 1. HB 1362 (Measures to Incentivize Graywater Use) a. This bill changes graywater from opt-in to opt-out and provides tax incentives for graywater systems. 2. HB 1434 (Expand Affordable Housing Tax Credit) a. Expands the funding available for state affordable housing tax credits. 3. SB 165 (Air Quality Improvements) a. Focuses on pollution reduction measures from the transportation and oil and gas sectors and Colorado Department of Public Health and Environment Air Pollution Control Division would likely be responsible for enforcement. 4. HB 1367 (Stripper Wells) a. This bill would eliminate the current tax exemption for Stripper Wells. Follow-up Items: • In comparing HB 1152 (Accessory Dwelling Units) requirements to the City Land Use code, the regulations the City would likely have to remove/change include: o Parking requirements: The City currently requires and the bill does not o ADU size: we currently limit and the bill prohibits o Design standards: the bill refers to, but does not define, “Restrictive design standards” o The City may need to adjust where ADUs are currently allowed • HB 1107 (Judicial Review of Local Land Use Decision) The bill requires a court to award reasonable attorney fees to a prevailing defendant in an action for judicial review of a local land use decision, except for an action brought by the land use applicant before the governmental entity. The bill is specific to decisions involving residential use with a density of 5 dwelling units per acre or more. DocuSign Envelope ID: C8C74574-E25C-4F22-B0EC-9D7EA3E54C22 2 In reviewing LRC materials, 1107 first showed on the Tracker at the at the February 14, 2024 meeting. The minutes do not reflect any committee discussion of the bill. The full bill tracker can be found here: https://www.fcgov.com/citymanager/legislative Attachments: April 9, 2024 DRAFT Minutes DocuSign Envelope ID: C8C74574-E25C-4F22-B0EC-9D7EA3E54C22 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, April 9, 2024 4:00-5:00PM Councilmembers Present: Councilmember Canonico (chair), Councilmember Pignataro, Councilmember Ohlson, Councilmember Gutowsky (alternate) Staff present: Ginny Sawyer, Sylvia Tatman-Burruss, Jenny Lopez-Filkins, Lockie Woods, Megan DeMasters Guests present: Jennifer Cassell (lobbyist, virtual), Ed Bowditch (lobbyist, virtual), Kevin Jones (virtual) 1. Approval of the minutes from the March 26th meeting. Pignataro moved and Ohlson seconded. Passed 3-0. 2. Bill Review Position Bills a. HB 1030 (Railroad Safety) Support i. Has passed the House and moved to the Senate. b. HB 1160 (Economic Development Grant Program) Support i. Stuck in the House appropriations committee. c. HB 1173 (EV Charging System Permits) Oppose i. Passed committee with an amendment to allow City/Counties to adopt their own code, but timelines remain. ii. Unclear whether it will receive funding. iii. CC4CA has taken an oppose unless amended position. d. HB 1175 (Local governments Rights to Property for Affordable Housing) Support i. Passed the House and moved to the Senate. e. HB 1237 (Development of Childcare Facilities) Support i. Waiting to be prioritized for funding in the Appropriations committee. f. HB 1296 (Modifications to CORA) Support i. Waiting to be prioritized for funding in the Appropriations committee. Not a significant amount of money. ii. Discussion about the LRC’s position on this bill. iii. Councilmember Ohlson reiterated his opposition to this bill. g. HB 1330 (Air Quality Permitting) Support i. Held up alongside SB 165 and 166 as part of bargaining over ballot measures. ii. Discussion about CC4CA’s position on these bills. h. HB 1334 (Broadband for Multiunit Buildings) Support i. Passed the House and is moving to the Senate. i. Hb 1341 (State Vehicle Idling Standard) Support i. Pending the governor’s signature. j. SB 065 (Mobile Electronic Devices & Motor Vehicle Driving) Support i. Passed the Senate and the first House committee. DocuSign Envelope ID: C8C74574-E25C-4F22-B0EC-9D7EA3E54C22 2 ii. Now waiting in the House Appropriations committee. k. SB 184 (Support Surface Transportation Infrastructure Development) Support i. Passed two Senate committee hearings and is now waiting in the Appropriations committee. ii. Has support from leadership in both chambers, so it is likely to proceed. Monitor Bills a. HB 1007 (Occupancy) i. Awaiting the governor’s signature. b. HB 1152 (Accessory Dwelling Units) i. Remains in flux and will be up for debate shortly. ii. Opposition from municipalities around preemption of existing local codes. iii. Bill would preempt several types of restrictions on ADUs in local codes, setting new statewide standards. iv. The LRC requested that staff follow-up on this bill and its impact on the City’s codes. c. HB 1168 (Equal Access to Public Meetings) i. Amended to only apply to public meetings where action is taken. ii. Waiting to be prioritized for funding in the Appropriations committee. iii. Staff believe the bill would apply to quasi-judicial committees. d. HB 1362 (Measures to Incentivize Graywater Use) i. This bill changes graywater from opt-in to opt-out and provides tax incentives for graywater systems. ii. The LRC moved to a support position on this bill. e. Hb 1239 (Single Exit Stairway) i. The bill would allow for single stairways in buildings of five or fewer stories. f. HB 1313 (Housing in Transit Oriented communities) i. Expected to pass the Appropriations committee with funding. ii. Expected that the HUTF penalty will be removed from the bill in the Senate. iii. CC4CA has taken an amend position. g. HB 1371 (More Uniform Local Massage Facilities Regulations) i. Still in committee, needs clarification on whether enforcement would be done by Counties or Cities. ii. LRC asked for follow-up from staff on the City’s current efforts. iii. July 1st, 2025 is the deadline for establishing regulations. h. HB 1434 (Expand Affordable Housing Tax Credit) - Just Introduced i. Expands the funding available for state affordable housing tax credits. ii. The LRC moved to a support position on this bill. i. SB-033 (Lodging Property Tax treatment) i. This bill is unlikely to pass with the existing Short Term rental tax. j. SB 150 (Processing of Municipal Solid Waste) i. This bill no longer needs to be monitored. k. SB 165 (Air Quality Improvements) i. Discussion about the Committee’s position on this bill. ii. CC4CA is supporting this bill. iii. The LRC decided to move to a support position. DocuSign Envelope ID: C8C74574-E25C-4F22-B0EC-9D7EA3E54C22 3 l. SB 166 (Air Quality Enforcement) i. Discussion about the Committee’s position on this bill. ii. Pignataro moved to maintain a monitor position on this bill. Canonico seconded. The motion passed 2-1, with Ohlson voting no. m. SB 174 (Sustainable Affordable Housing Assistance) i. Bill passed out of its committee today. ii. Additional amendments are expected, mostly of a technical nature. iii. The bill has a very large fiscal note, it is unlikely to ultimately pass. 3. Other Bills of Interest a. SB 195 (Protect Vulnerable Road Users) i. This bill would allow the State to use an automated vehicle identification system, with revenues dedicated to vulnerable road user projects. ii. CML has proposed amendments to this bill. b. HB 1367 (Stripper Wells) i. This bill would eliminate the current tax exemption for Stripper Wells. ii. It has passed its first committee and is waiting for appropriations. iii. CC4CA supports this bill. iv. The LRC decided to move to a support position. c. CC4CA Updates 4. Other Business a. Ed said to expect upcoming bills on property tax. b. The Long bill is currently being debated. c. Discussion about the LRC’s support position on HB 1107 (Judicial Review of Local Land Use Decision) i. Staff will follow-up on the impacts of this bill and the process it establishes for adjudicating certain land use appeals. DocuSign Envelope ID: C8C74574-E25C-4F22-B0EC-9D7EA3E54C22