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HomeMy WebLinkAboutAgenda - Mail Packet - 09/03/2024 - Legislative Review Committee Meeting Agenda – September 3, 2024 City Manager’s Office City Hall Fort Collins, CO 80522 970.221.6505 fcgov.com Legislative Review Committee Agenda Tuesday, September 3, 2024 4:00 - 5:00PM Council Information Chambers (CIC) in City Hall 300 LaPorte Ave In-person with Zoom option https://fcgov.zoom.us/j/93251817261?pwd=XHgn6MTUSepWyxr37zHHW3w21Zx9sD.1 1. Approval of minutes from May 14, 2024 meeting a. Attached: draft May 14, 2024 minutes 2. 2025 Session Planning a. Meeting Cadence a. September 3, 17 i. Colorado Communities for Climate Action attending September 17 meeting b. October 15 c. November Council adoption of Legislative Policy Agenda (LPA) d. January 21, 2025 e. Twice a month February through May 2025 b. LPA Updates a. In progress b. Consider 2-year cycle c. Bill Positions a. Confirm process to date b. 2025 priority areas c. Anticipated bills of interest (Ed and Jenn) d. Legislative “Event” a. Current holds: November 20 and December 4 from 8-9 AM 3. Other Business and Announcements Next Meeting: September 17, 2024, 4-5PM City Manager’s Office City Hall 300 LaPorte Ave. PO Box 580 Fort Collins, CO 80522 970.221.6505 fcgov.com DRAFT-Legislative Review Committee Minutes Tuesday, May 14, 2024 4:00-5:00 PM Councilmembers Present: Councilmember Pignataro, Councilmember Ohlson Staff present: Ginny Sawyer, Sylvia Tatman-Burruss, Jenny Lopez-Filkins, Megan DeMasters, Nithiyah Tamilwanan Guests Present: Ed Bowditch (lobbyist, virtual), Jennifer Cassell (lobbyist, virtual), Kevin Jones (virtual) 1. Approval of minutes April 23, 2024 meeting. Pignataro moved and Ohlson seconded. 2. Recap of Legislative Session (Ed and Jennifer). General conversation included: a. More intention in seeking bipartisan support, especially for the property tax bill. b. More tax credits that in other sessions including expansion of tax credits for low-income families and children. c. Housing and Land Use: i. HB24-1313: Contains significant flexibility for local governments. Local governments do not have to comply with certain parts of the bill. ii. ADU Bill: City will be reviewing impacts. iii. Parking Minimums bill passed. Applies to housing developments of 20-units or more. Department of Local Affairs (DOLA) will produce a map by September of 2024. iv. No movement on the Construction Defect bills. v. The Electric Vehicle (EV) charging station bill passed which may requiring Council to pass an ordinance to opt out. d. Transit: i. Significant transit bills were passed although Regional Transportation District (RTD) reform did not pass. ii. Could be a sales tax increase question on the ballot for transit. e. Oil and Gas/Air Quality: i. Many of the fee bills that passed were assessed on oil and gas. ii. HB24-1330 Air Quality Permitting bill was part of a big negotiation package that did not pass. f. Property Tax: i. Measure will keep the 2023 property taxes into 2024. ii. SB24-233 – a settlement was negotiated on property taxes and did pass. g. Open Records and Accessibility: i. Bill on the open records act did not pass. ii. Bill on streaming requirements for public meetings did not pass. iii. The 1-year extension for digital accessibility did pass. City Manager’s Office City Hall 300 LaPorte Ave. PO Box 580 Fort Collins, CO 80522 970.221.6505 fcgov.com 3. Other topics a. There will be a gap in the LRC calendar. Will schedule again in the fall. b. Request and question for staff to be looking out for legislative ideas from the City. Staff confirmed an effort to have a more iterative process as ideas emerge and finding ways to keep track and be more proactive during the session. One example: i. Statutory change that the natural areas rangers can provide enforcement outside the City limits (cannot do that now on property outside the City that is City-owned). c. Working to get the Legislative Breakfast scheduled for the next session and Legislative Review Committee (LRC) meetings on every two weeks. Committee member request to consider lunch or early dinner meeting instead of a breakfast. 2024 Special Session Update | August 26, 2024 2024 Special Session on Property Tax The Special Session on property taxes started today. Legislative leadership, the Governor’s Office, and the proponents of initiatives 50 and 108 have agreed that if the proposed “framework” is adopted, the two initiatives will be removed from the ballot. As announced by the Governor, the framework includes the following components: 1. Reduction in Residential Assessment Rate to 6.3% or 6.4%, depending on certain economic conditions. 2. Reduction in Commercial Assessment Rates to 25%. 3. Establishment of an annual local government (5.25%) and K-12 (6.0%) property tax revenue cap, calculated over a two-year period. The school cap could increase based on the increase in per pupil funding. 4. Specification of language that must be used to request an exemption from the caps by the voters. The framework has been introduced by Speaker McCluskie and Minority Leader Pugliese as HB 24B-1001. Other bills that will be considered can be found on the legislative website. Many of these bills will not pass during the Special Session, but can be brought back during the regular session. The fiscal note for HB 24B-1001 can be helpful in understanding the bill. Questions and Observations 1. Will the passage of the framework eliminate future property tax fights? The sponsors of initiatives 50 and 108 have pledged not to bring any other property tax measures for several years if the framework is adopted. But, that’s not a restriction on anyone else bringing other ballot measures in the future. 2. Will the passage of the framework start to move future property tax debates back to the local level? The state has no property taxes – yet Subscribe Past Issues RSSTranslate many citizens, local elected leaders, and even state elected leaders want the state to address every property tax issue that arises. 3. Recent property tax legislation has contained backfill to address resulting revenue losses at the local level – in part or in whole. This bill provides limited reimbursements only to those local governments that have a decline in assessed value as a result in this bill. 4. The language to receive voter approval to eliminate the caps is very specific – it must begin with “Shall the (insert name) waive the 5.25% property tax limit…” Requiring local governments to use this language will make passage less likely than if they could begin the question with “Without raising tax rates,…” 5. The K-12 limit is calculated on a statewide basis, and to eliminate it requires a statewide vote. Passing anything at a statewide level is difficult. 6. At some point, the new K-12 property tax limit will restrict local property tax revenues – requiring increased state General Fund support. 7. There are many new requirements on counties contained in the framework bill. Will the IT systems of the counties be able handle all the changes to the property tax system? Special Session Bills HB 24B-1001 Property Tax – this bill will make reductions in residential assessment rates for property taxation beginning with the 2025 property tax year, with the size of reductions dependent on actual value growth. The bill will also reduce assessment rates for many nonresidential property classes. The bill will modify a local revenue growth limit and create a new limit for school districts. (This bill passed House Appropriations Committee). HB 24B-1002 Primary Residence Real Property Valuation – this bill will refer a measure to voters for the November 2025 ballot to create a new residential property class for owner-occupied primary residences. It will also remove a subtraction for determining assessed value for other types of residential property beginning with the 2026 property tax year. (This bill was killed in House Appropriations Committee). HB 24B-1003 Business Personal Property Tax Exemptions – this bill will create a business personal property tax exemption for personal property in greenhouses. (This bill passed House Appropriations Committee). HB 24B-1004 Additional Property Tax Relief for Homeowners – this bill would have made changes to the reduction in valuations for residential property in non-school local government entities starting in property tax year 2026. The bill may have decreased and increased local property tax revenue, depending on the area. The bill’s statewide property tax revenue impacts were expected to be near zero on net. (This bill was killed in House Finance Committee). Subscribe Past Issues RSSTranslate HB 24B-1005 Valuation Assessment Reduction Residential Property – this bill would have made changes to the value reductions for residential property in non-school local government entities starting in property tax year 2025. The bill may have decreased and increased local property tax revenue, depending on the area. (This bill was killed in House Finance Committee). HB 24B-1006 Expand Property Tax Exemptions – this bill would have increased homestead exemptions for qualifying seniors, veterans with a disability, and Gold Star surviving spouses starting in property tax year 2025. The bill would have increased state expenditures to reimburse local governments for these exemptions. In years when there is not sufficient TABOR surplus to fully fund the expanded exemption, the bill would have increased General Fund expenditures. (This bill was killed in House Finance Committee). HB 24B-1007 Accessible Housing Property Taxes – this bill will create a new subclass of properties – accessible housing properties. This would reduce assessment rates by up to 2 percentage points for accessible housing properties constructed after January 1, 2025. The bill will decrease local property tax revenue and increase local and state expenditures. (This bill passed House Transportation, Housing, and Local Government Committee). HB 24B-1008 Tax Code Legislative Task Force – this bill would have created a task force to study eliminating all taxes except for sales and use taxes. The bill would have increased state expenditures through FY 2025-26. (This bill was killed in House Transportation, Housing, & Local Government Committee). HB 24B 1009 Special District Property Tax Limit Waiver – this bill would have authorized certain special districts to seek voter approval to waive any limitation created in state law on collecting, retaining, or spending property tax revenue. (This bill was killed in House Finance Committee). HCR 24B-1001 Local Approval of Property Tax Initiatives – this resolution will refer a constitutional amendment to voters at the 2024 general election that, if approved, will require any statewide voter initiative that affects or limits property tax revenue or spending be approved by voters in a local government jurisdiction for the statewide limit to apply to that local government. (This resolution passed House Transportation, Housing, & Local Government Committee). HCR 24B-1002 Restore Gallagher Amendment to Property Tax – this resolution would have referred a constitutional amendment to voters at the 2024 general election. If approved, it would have required annual adjustments of the residential assessment rate to hold constant the residential share of statewide assessed values. (This resolution was killed in House Transportation, Housing, & Local Government Committee). Subscribe Past Issues RSSTranslate SCR 24B-001 Authorize Local Government Land Use Value Tax – this resolution would have referred a ballot measure to the November 2024 general election to allow local governments to seek future voter approval to change from ad valorem taxation of property (based on the assessed value of the item being taxed) to a land value tax. The resolution would have conditionally increased state expenditures, increased local expenditures, and may have increased or decreased local revenue if a land value tax was implemented by individual jurisdictions. (This bill was killed in Senate Finance Committee). SCR 24B-002 Calculation of Property Tax for Special Districts – this resolution would have referred a constitutional amendment to voters at the 2024 general election. Conditional on voter approval, the resolution would have limited the amount of property tax revenue that a special district may collect each year, and changed how the special district’s tax was assessed among properties. It would have conditionally decreased special district revenue and may have conditionally increased state, county, and special district expenditures. (This bill was killed in Senate Finance Committee). More to come. View this email in your browser Copyright (C) 2024 Bowditch & Cassell Public Affairs. All rights reserved. Our mailing address is: P.O. Box 40844 Denver, CO 80204 Want to change how you receive these emails? You can update your preferences or unsubscribe Subscribe Past Issues RSSTranslate