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HomeMy WebLinkAboutMemo - Mail Packet - 4/23/2024 - Memorandum From Ginny Sawyer Re: Legislative Review Committee Materials, Including April 23, 2024 Agenda 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 18, 2024 To: Mayor and City Councilmembers Through: Kelly DiMartino, City Manager Tyler Marr, Deputy City Manager From: Ginny Sawyer, Project & Policy Manager Subject: Legislative Review Committee Materials The Legislative Review Committee (LRC) meets on April 23, 2024. See attached materials. Please note: HB 1454 (Grace Period Noncompliance Digital Accessibility) was introduced on April 15, 2024. This bill provides some relief for meeting digital accessibility compliance and staff has noted a support position. Current law requires state agencies and public entities to comply with digital accessibility standards on or before July 1, 2024. The bill provides a one-year extension to July 1, 2025, of immunity from liability for failure to comply with the digital accessibility standards for an agency that demonstrates good faith efforts toward compliance or toward resolution of any complaint of noncompliance. SB 194 (Special District Emergency Services Funding) has been added to the agenda for awareness. The Bill allows fire and ambulance districts to impose its own impact fee on the construction of new buildings, structures, facilities, or improvements on real property within the district's jurisdictional boundaries. HB 1436 (Sports Betting Tax Revenue Voter Approval) has also been added for awareness. The bill refers a ballot issue to the voters at the November 2024 statewide election to allow the state to keep and transfer all revenue from the existing tax on sports betting in excess of $29 million to the water plan implementation cash fund to be used for water conservation and protection projects. The full bill tracker can be found here: https://www.fcgov.com/citymanager/legislative Attachments: April 23, 2024 agenda April 9, 2024 DRAFT Minutes Printed Bill Tracker DocuSign Envelope ID: 95F64172-8D44-436C-B330-3765E60B622A 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 23, 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/96423045466 1. Approval of minutes from April 9, 2024 meeting a. Attached: draft April 9, 2024 minutes 2. Bill Review - Current Bill tracker updates (attached and online: Bill Tracker) Positions Bills a. HB 1018 (College textbook Sales Use Tax Exemption) Support – in Appropriations b. HB 1030 (Railroad Safety) Support – Assigned to Transportation & Energy c. HB 1107 (Judicial review of Local Land Use Decision) Support – in Judiciary d. HB 1160 (Economic Development Grant Program) Support position – in Appropriations e. HB 1173 (EV Charging System Permits) Oppose – in Appropriations f. HB 1175 (Local governments Rights to Property for Affordable Housing) Support – Assigned to Local Government & Housing g. HB 1237 (Development of Childcare Facilities) Support – in Appropriations h. HB 1296 (Modifications to CORA) Support – Laid Over i. HB 1330 (Air Quality Permitting) Support – in Appropriations j. HB 1334 (Broadband for Multiunit Buildings) Support – Assigned to Bus, Labor, & Tech k. Hb 1341 (State Vehicle Idling Standard) Support – Passed 3rd reading in Senate l. HB 1362 (Measures to Incentivize Graywater Use) Support – Assigned to ag & Natural Resources m. HB 1367 (Repeal Severance Tax Exemption for Stripper Wells) Support – in Appropriations n. HB 1434 (Expand Affordable Housing Credit) Support – in Appropriations o. HB 1454 (Grace Period Noncompliance Digital Accessibility) Support – Just Introduced p. SB 036 (Vulnerable Road User Protection) Support – Postponed Indefinitely q. SB 065 (Mobile Electronic Devices & Motor Vehicle Driving) Support – in Appropriations r. SB 092 (Cost Effective Energy Codes) Oppose – Postponed Indefinitely s. SB 165 (Air Quality Improvements) Support – in Finance t. SB 184 (Support Surface Transportation Infrastructure Development) Support – Senate u. SB 195 (Protect Vulnerable Road Users) Amend - Assigned to Transportation & Energy Monitor Bills a. HB 1007 (Occupancy) – Governor signed b. HB 1152 (Accessory Dwelling Units) – Amendments made addressing owner occupied & parking c. HB 1168 (Equal Access to Public Meetings) – in Appropriations d. HB 1239 (Single Exit Stairway) – Postponed Indefinitely e. HB 1313 (Housing in Transit Oriented communities) – Passed House 3rd Reading f. HB 1366 (Sustainable Local Government Community Planning) Has been turned into a study g. HB 1371 (More Uniform Local Massage Facilities Regulations) h. HB 1434 (Expand Affordable Housing Tax Credit)- Just Introduced i. SB-033 (Lodging Property Tax treatment) DocuSign Envelope ID: 95F64172-8D44-436C-B330-3765E60B622A j. SB 106 (Right to Remedy Construction Defects) k. SB 166 (Air Quality Enforcement) – In Finance l. SB 174 (Sustainable Affordable Housing Assistance) Other Bills a. CC4CA Updates/Bills b. HB 1436 (Sports Betting Tax Revenue Voter Approval) c. SB 194 (Special District emergency Services Funding) v. Other 3. Other Business and Announcements a. Other Next Meeting: Tuesday, May 14, 4:00 pm DocuSign Envelope ID: 95F64172-8D44-436C-B330-3765E60B622A 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: 95F64172-8D44-436C-B330-3765E60B622A 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: 95F64172-8D44-436C-B330-3765E60B622A 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: 95F64172-8D44-436C-B330-3765E60B622A Bill # Title Description Position HB24-1007 Prohibit Residential Occupancy Limits Concerning residential occupancy limits. Monitor HB24-1018 College Textbook Sales Use Tax Exemption Concerning a sales and use tax exemption for college textbooks. Support 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 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 transit and rail division in the department of transportation for the purposes of maintaining and improving the safety of a passenger rail system, requiring certain railroads to carry insurance coverage in minimum amounts, and making an appropriation. Support HB24-1107 Judicial Review of Local Land Use Decision Concerning judicial review of a local land use decision. Support HB24-1152 Accessory Dwelling Units Concerning increasing the number of accessory dwelling units, and, in connection therewith, making an appropriation. Monitor HB24-1160 Economic Development Organization Action Grant Program Concerning the creation of the economic development organization action grant program. Support HB24-1168 Equal Access to Public Meetings Concerning equal access to public meetings. Monitor HB24-1173 Electric Vehicle Charging System Permits Concerning expediting the process for permitting electric motor vehicle charging systems. Oppose 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 HB24-1237 Programs for the Development of Child Care Facilities Concerning the creation of programs for the development of child care facilities. Support 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 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 HB24-1304 Minimum Parking Requirements Concerning parking requirements within metropolitan planning organizations. Monitor DocuSign Envelope ID: 95F64172-8D44-436C-B330-3765E60B622A 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 HB24-1313 Housing in Transit-Oriented Communities Concerning measures to increase the affordability of housing in transit-oriented communities, and, in connection therewith, making an appropriation. Monitor HB24-1330 Air Quality Permitting Concerning modifications of processes to obtain permits for activities that impact air quality. Support 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 HB24-1341 State Vehicle Idling Standard concerning idling that is at least as stringent as, but not less stringent than, the state standard. Support HB24-1362 Measures to Incentivize Graywater Use Concerning measures to promote the use of graywater. Support HB24-1366 Sustainable Local Government Community Planning Concerning sustainable local government community planning. Monitor HB24-1367 Repeal Severance Tax Exemption for Stripper Wells Concerning the repeal of the severance tax exemption for oil and gas wells that are stripper wells. Support HB24-1371 More Uniform Local Massage Facilities Regulation Concerning regulation of massage facilities by local governments in accordance with statewide requirements, and, in connection therewith, requiring a local government to designate a licensing authority for massage facilities and requiring criminal background checks for massage facility operators, owners, and employees. Monitor HB24-1434 Expand Affordable Housing Tax Credit Concerning an expansion to the affordable housing tax credit. Support HB24-1454 Grace Period Noncompliance Digital Accessibility Concerning a one-year extension of the deadline for public agencies to comply with digital accessibility standards if the public agency demonstrates a good faith effort toward compliance. Monitor SB24-005 Prohibit Landscaping Practices for Water Conservation Concerning the conservation of water in the state through the prohibition of certain landscaping practices. Monitor SB24-022 Regulate Flavored Tobacco Products Concerning an expansion of the ability of a board of county commissioners to regulate tobacco products. Monitor DocuSign Envelope ID: 95F64172-8D44-436C-B330-3765E60B622A SB24-033 Lodging Property Tax Treatment Concerning the property tax treatment of real property that is used to provide lodging. Monitor SB24-036 Vulnerable Road User Protection Enterprise Concerning the creation of an enterprise to provide infrastructure improvements that protect vulnerable road users. Support 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 SB24-081 Perfluoroalkyl & Polyfluoroalkyl Chemicals Concerning measures to increase protections from perfluoroalkyl and polyfluoroalkyl chemicals. Monitor SB24-092 Cost Effective Energy Codes Concerning cost effective energy codes. Oppose 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 SB24-106 Right to Remedy Construction Defects Concerning legal actions based on claimed defects in construction projects. Monitor SB24-165 Air Quality Improvements Concerning measures to reduce emissions of air pollutants that negatively impact air quality. Support SB24-166 Air Quality Enforcement Concerning measures to increase the enforcement of violations that impact the environment. Monitor SB24-174 Sustainable Affordable Housing Assistance Concerning state support for sustainable affordable housing, and, in connection therewith, making an appropriation. Monitor 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, and making an appropriation. Support SB24-195 Protect Vulnerable Road Users Concerning protection of vulnerable road users. Amend DocuSign Envelope ID: 95F64172-8D44-436C-B330-3765E60B622A