HomeMy WebLinkAboutMemo - Mail Packet - 06/11/2024 - Memorandum from Ginny Sawyer re: Work Session Summary – May 28, 2024, Legislative Overview
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MEMORANDUM
DATE: June 6, 2024
TO: Mayor and City Council
THROUGH: Kelly DiMartino, City Manager
Tyler Marr, Deputy City Manager
FROM: Ginny Sawyer, Lead Project Manager
RE: Work Session Summary – May 28 , 2024, Legislative Overview
Mayor Arndt, Mayor Pro Tem Francis and Councilmembers Canonico, Pignataro, Potyondy, Gutowsky,
and Ohlson were present. Staff was joined by lobbyists, Jenn Cassel and Ed Bowditch, and presented
a high-level review of bills that passed that will have an impact on or require action by the City.
The Governor has until June 7, 2024 to veto bills. Staff throughout the organization are in the early
stages of full bill analysis and understanding of items that may need to come to Council.
Discussion included:
The discussion was high-level with some bill specific questions throughout. There was also a call to the
City as a whole to consider recommendations for our representatives. The City has had success in this
space in the past including the Rolling Coal bill and modifications to state law that enhance the use of
speed corridor/camera use.
Below is a summary of follow-up that will come as staff does further analysis and prepares for
necessary implementation.
SB 131 Prohibiting Carrying Firearms in Sensitive Spaces
The bill prohibits a person from knowingly carrying a firearm, both openly and concealed, in a building
of a local government’s governing body, including adjacent parking areas. City administrative policy
currently does not prohibit carrying a firearm in City Hall or other meeting spaces where City Council
meets. If desired, City Council may enact an ordinance or regulation or other law that permits a person
to carry a firearm in a building where it conducts its business.
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SB 079 Motorcycle Lane Filtering and Passing
The bill authorizes a 2-wheeled motorcycle to overtake or pass another motor vehicle in the same lane
if:
• The other motor vehicle is stopped or moving in the same direction of travel as the
motorcycle;
• The road has lanes wide enough to pass safely;
• The motorcycle is moving at 20 miles per hour or less; and
• Conditions permit prudent operation of the motorcycle while overtaking or passing;
• A motorcycle rider overtaking or passing under the bill must not overtake or pass;
o On the right shoulder;
o To the right of a vehicle in the farthest right-hand lane if the highway is not limited
access; or
o In a lane of traffic moving in the opposite direction.
• Staff will evaluate whether local governments have the option enact local amendments or
variances from the bill.
Follow-up: Additional information was requested on the following:
Air Quality bills HB 1330, SB 165, SB 166 (all postponed indefinitely).
• SB 165, 166 and HB 1330, none of which passed, had included a number of increased controls
and limitations on sources that contribute to ozone (including oil and gas production), and
included more prescriptive permitting processes, and more stringent penalties for violators.
• SB 229 and 230, which were adopted, were negotiated by industrial and environmental groups
and introduced with only a few days remaining in the 2024 legislative session. These bills
contain targeted emission reduction requirements for oil and gas, some improvements to the
permitting and penalty processes, and a new oil and gas production fee intended to support
transit, rail and remediation of former oil and gas production sites.
SB 150 Processing of Municipal Waste (Vetoed)
• The initial draft of SB 150 would have prohibited incineration, pyrolysis, gasification and other
waste to energy facilities in Colorado. Anaerobic digestion (which is commonly used in
wastewater treatment facilities and sometimes considered a waste to energy technology) was
excluded from this bill.
• During the session, the bill was negotiated to no longer prevent waste to energy facilities in
Colorado but would prevent state funding and incentives from being provided to these types of
facilities.
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• The bill was passed, but then was vetoed by the governor due to concerns it could restrain
innovation.
HB 1235 Reduce Aviation Impacts on Communities (signed by Governor)
• The bill has specific requirements for airports that are located in densely populated residential
areas or have a significant number of flights over such areas. The Northern Colorado Regional
Airport fits those criteria. The bill restricts the Airport's access to grant funds unless the Airport:
(1) by Jan. 1, 2026, creates a plan to phase out leaded aviation gas sales consistent with state
requirements; and (2) has established and enforces a voluntary noise mitigation plan consistent
with state requirements, including limitations on when flights may depart and the frequency of
touch-and -go flights.
• Staff will work with City of Loveland staff and other responsible parties to determine what more
can be done to mitigate airport noise.
HB 1379 Regulate Dredge & Fill Activities in State Waters (Governor signed)
• The State of Colorado historically relied on U.S. Army Corps of Engineers implementing the
federal Clean Water Act to regulate the discharge of fill materials into state waters. However,
the 2023, the U.S. Supreme Court issued an opinion in a case called Sackett v. Environmental
Protection Agency that greatly reduced the scope the federal Clean Water Act. This left many
state waters unprotected, such ephemeral streams and wetlands.
• This bill establishes a new statewide permitting program to regulate the discharge of fill
materials into state waters that are not covered by the federal Clean Water Act.
o The City will need to utilize this new permitting program in various activities.
o The permitting program will be housed in the Colorado Department of Public Health and
Environment (CDPHE).
o This long, complex bill resulted from substantial negotiations between numerous groups.
Staff and others statewide will be working with CDPHE on implementation.
SB 233 Property Tax
• Staff will work with Bowditch and Cassel to provide an overview.
DocuSign Envelope ID: E7B544FE-ECFB-47EE-AD9E-172BA0BA203F