HomeMy WebLinkAboutAgenda - Mail Packet - 4/4/2013 - Legislative Review Committee Agenda: April 9, 2013City Manager’s Office
City Hall
300 LaPorte Ave.
PO Box 580
Fort Collins, CO 80522
970.221.6505
970.224.6107 - fax
fcgov.com
Legislative Review Committee Agenda
April 9, 2013, 4:00 p.m.
City Manager’s Conference Room
Approval of minutes from March 26, 2013 meeting
Review Bills with LRC Position
o HB13-1002 Small Business Development Centers Appropriations – Support
o HB13-1012 Extend Wildfire Mitigation Financial Incentives – Monitor
o HB13-1018 Beneficial Use Produced Water Dust Suppression – Oppose
o HB13-1031 All-hazards Resource Mobilization & Reimbursement – Monitor
o HB13-1044 Authorize Graywater Use – Support
o HB13-1061 Responsible Medical Marijuana Vendor Standards – Monitor
o HB13-1090 Construction Contractor Subcontractor Prompt Pay – Oppose
o HB13-1093 Bidding for Local Government Procurement Projects – Oppose
o HB13-1105 Energy Saving Mortgage Program – Monitor
o HB13-1110 Special Fuel Tax and Electric Vehicle Fee – Support
o HB13-1112 Open Records Request Passive Traffic Cameras – Oppose
o HB13-1114 Inferences For Marijuana And Driving Offenses – Monitor
o HB13-1120 Eliminate Conservation Easement Disputed for Taxes – Oppose
o HB13-1122 Incentive Well Severance Tax Holiday and Higher Ed Funding –
Oppose
o HB13-1128 Exclude Clean Counties from Enhanced Emission Area – Oppose
o HB13-1133 Plumbing And Electrical Inspections Schools – Oppose
o HB13-1142 Urban And Rural Enterprise Zone Act Reforms – Monitor
o HB13-1150 Sales & Use Tax Holiday Disaster-preparedness Item – Oppose
o HB13-1151 Sales & Use Tax Holiday For Higher Ed Textbooks – Oppose
o HB13-1174 Business Personal Property Tax Exemptions – Oppose
o HB13-1177 Business Personal Property Tax Exemption – Oppose
o HB13-1183 Extend Conservation Easement Tax Credit Cap – Monitor
o HB13-1189 Exempt Bus Personal Property Purchased In 2014 – Oppose
o HB13-1206 Expand Authority For Business Incentive Agreements – Support
o HB13-1212 Local Authority to Form Job Creation Districts – Oppose
o HB13-1216 Incentives for Distributed Energy – Oppose
o HB13-1222 Family Care Act Family Medical Leave Eligibility – Amend
o HB13-1267 Increase Maximum Penalty Oil and Gas Violations – Support
o HB13-1268 Mineral Estate Disclosure Real Property Sale – Support
o HB13-1269 Reduce Conflict of Interest Oil and Gas Commission – Support
o HB13-1273 New Funding Local Governments Oil and Gas Development
Impacts – Support
o SB13-003 Coal Mine Methane Gas Capture – Oppose
o SB13-012 Child Abuse Reporting Youth Sports Organizations – Monitor
o SB13-018 Permissible Use of Credit Information By Employers – Neutral
o SB13-023 Increase damages caps under Colorado Government Immunity Act
(CGIA) – Neutral
o SB12-025 Collective bargaining firefighters – Oppose
o SB13-035 Prohibit red light camera vehicle identification – Oppose
o SB13-043 On-premises Alcohol Consumption Prohibit Removal – Oppose
o SB13-048 Authorize local government use of HUTF for transit – Support
o SB13-050 Recycling Resources Economic Opportunity Fund – Monitor
o SB13-052 Transit-oriented Development Claims – Oppose
o SB13-059 Peace Officer Obtain Liquor License – Oppose
o SB13-061 Motor Vehicle Emissions Inspections – Oppose
o SB13-065 Allow Approval Voting Nonpartisan Election – Monitor
o SB13-068 Modify Late Vehicle Registration Fee – Oppose
o SB13-130 Term Allocations for Conservation Easements – Oppose
o SB13-136 Business Personal Property Tax Exemption with Opt Out –
Oppose
o SB13-169 Reintroduce Black-footed Ferret Landowner Consent – Support
o SB13-202 Additional Inspections at Oil and Gas Facilities – Support
o SB13-203 Limit Use of Local Government Land for Automotive Service
Stations – Oppose
o SB13-226 Create Dog Protection Act – Monitor
Consider New Bills – State Legislature (recommended position in italics)
o HB13-1288 Establish Statewide Uniform Sales & Use Tax Base – Oppose
o HB13-1292 Keep Jobs In Colorado Act – Oppose
o SB13-252 Renewable Energy Standard Retail Wholesale Methane – Monitor
Other business
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
Legislative Review Committee Agenda
Meeting Notes
March 26, 2013, 4:00 p.m.
City Manager’s Conference Room
Present: Kelly Ohlson, Mayor Pro Tem; Wade Troxell, Councilmember; Lisa
Poppaw, Councilmember; Wendy Williams, Assistant City Manager; Ingrid
Decker, Assistant City Attorney; Dan Weinheimer, Legislative Policy Manager
Absent: Steve Roy, City Attorney
Guests: Christie Ward, citizen
Mayor Pro Tem Ohlson called the meeting to order at 4:10 pm.
Adoption of the minutes from the February 26, 2013 meeting were moved for
approval by Councilmember Troxell and seconded by Mayor Pro Tem Ohlson.
Minutes were adopted without amendment.
Dan Weinheimer discussed the status of bills with LRC adopted positions and
new bills using the bill tracker spreadsheet. Mayor Pro Tem Ohlson mentioned his
interest was in bills where the Committee had adopted a “monitor” position or new
bills.
HB13-1002, which the LRC has an adopted support position on has not been
heard in Appropriations and had no action since January 29th.
HB13-1012 which would extend wildfire mitigation financial incentives, a bill
that LRC has a monitor on, has moved to the Governor for his consideration.
Mayor Pro Tem Ohlson stated that he recalled the concern about this bill was
balancing the use of incentives with the need for them. He asked whether the LRC
position should change. Dan noted the bill has reached the Governor and that
therefore it was not necessary to change the City’s position.
HB13-1031 which concerns fire resource mobilization and control has an
amend position. Dan mentioned that this bill was amended significantly to
address local concerns and now has a hearing scheduled April 1st in House
Appropriations. He indicated that he was not recommending a change to the
City’s position until Poudre Fire Authority had been assured that their concerns
were addressed. No change was made to the City’s position.
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HB13-1061, implementing responsible vendor standards for medical
marijuana businesses, is a bill that LRC has an adopted monitor position on.
Dan noted the bill is another one that has reached the Governor. He also indicated
that he was aware of conversations to include this program within the
implementation of Amendment 64. Councilmember Troxell expressed concern
with the implementation of Amendment 64. The LRC did not change its position
on this bill.
HB13-1096 which seeks to create a waste tire recycling grant program was
discussed. Mayor Pro Tem Ohlson sought to understand why the City's position is
listed as monitor when it would seem that it aligns with City priorities. Dan noted
that the bill died in its first hearing but further stated that he had not received
feedback from staff but would seek follow-up information. Mayor Pro Tem
Ohlson requested additional information about the bill.
HB13-1105 which would establish an energy saving mortgage program was
considered. Councilmember Poppaw asked why the City position is a monitor,
she highlighted that the City would seem to support this concept. Dan stated that
the position is monitor but could also be neutral, he said that because Fort Collins
already does the programs delineated within the bill it would not have impact on
the City. Dan stated he is aware of occasions where the City adopts positions that
reflect the desire to influence statewide policy change. The LRC did not change
its position on this bill.
HB13-1110 was discussed. This bill is a new bill for the LRC and the bill seeks to
establish a more fair system of taxation to support transportation construction
funding needs. Dan reviewed the bill saying that it will change the natural gas
vehicle program from a decal, making it calculated by volume instead, and to
create a decal program for electric vehicles. The bill would promote a more fair
system to tax all vehicles that use public roads to pay their way to repairs. The
LRC adopted a support position on this bill.
HB13-1114 which establishes limits and standards for determining when a driver
is considered to be under the influence of marijuana was discussed. This bill
was listed as a support but Mayor Pro Tem Ohlson said that his recollection of the
discussion at the last LRC meeting was the direction was to monitor unless there
was a determination that the standards imposed were not more onerous than the
standards for driving under the influence of alcohol. Councilmember Poppaw
agreed, that her recollection was the position was not "support" but a conditional
support. Reviewing the summary of the bill the Committee was not able to
determine the standard described and how it compared to the standards for
alcohol. Mayor Pro Tem Ohlson said that he supports the concepts but wanted
science-based standards and an assurance the bill was not an undue burden. City
Attorney Decker described the bill parameters but said that she was unsure of the
3
comparable standards for alcohol. She explained that the standards as she
understood them were actually more restrictive in prosecution of driving while
under the influence of marijuana. The LRC amended its position from support to
monitor pending additional information.
HB13-1142 was discussed and this bill would implement reforms to the
enterprise zone act. Mayor Pro Tem Ohlson asked for additional information on
the bill, citing the abuses that had been reported over the last several years by the
Denver Post. The LRC did not change its monitor position at this time pending
additional information from staff.
HB13-1183 which would extend the conservation easement tax credit
program was discussed. Mayor Pro Tem Ohlson highlighted that this bill was
also one where additional information is necessary before the LRC updates its
position from monitor. Mayor Pro Tem Ohlson noted that the Denver Post had
done stories on abuses in the program and that there were past abuses where the
credit was applied to backyards or to other inconsistent conservation areas. Staff
will provide more information about the bill and the conservation tax credit
program. The LRC did not change its monitor position.
HB13-1212 which seeks to allow communities the ability to create a tax
increment financed (TIF) job creation district was considered. Dan stated that
the bill was supported by the Aurora City Council but opposed by Colorado
Municipal League and other communities. Mayor Pro Tem Ohlson stated that he
thought it was one TIF district too many and wondered why the staff
recommendation was monitor and not oppose. Mayor Pro Tem Ohlson further
pointed out that this new TIF could cause problems for Urban Renewal Authority
just by complicating TIF. Councilmember Poppaw agreed, saying that she would
support adopting an oppose position this bill. The LRC adopted an oppose
position to the bill.
HB13-1216 which provides incentives for distributed energy was discussed.
Dan updated the LRC that this bill was likely to die on the calendar.
Councilmember Troxell expressed concern that the City’s adopted oppose
position on the bill limits the adoption of a more varied energy portfolio. Dan said
that Utilities’ Energy staff had informed him that this proposal would result in
budget uncertainty as well as ending the City’s implementation of the feed-in
tariff program recently approved by City Council. Councilmember Troxell stated
he agreed with the position on this bill but also wanted to ensure options for
distributed generation. The LRC did not change its oppose position on this bill.
HB13-1222 which seeks to expand the availability of Family Medical Leave
Act (FMLA) benefits was reviewed. The LRC had adopted an amend position to
this bill, seeking to have the term “committed relationship” better defined. Dan
informed the Committee that the bill has since been amended to narrow the bill
4
scope to offering FMLA benefits to those in civil unions. Councilmember Poppaw
noted that now she would like the position to remain amend but to ensure that
those in heterosexual committed, but non-married, relationships have the same
rights. Mayor Pro Tem Ohlson cited an example and agreed that the bill should
not be so narrow as to disadvantage a class of people based on sexual orientation.
The LRC maintained its amend position with the hope now to amend to include
committed heterosexual relationships.
Dan the briefly summarized seven new oil and gas-related bills, HB13-1267,
HB13-1268, HB13-1269, HB13-1273, HB13-1275 and HB13-1278. He
recommended a support position on each bill and stated that there are expected to
be more oil and gas bills adopted but that these bills all seem to be on a fast-track
through the General Assembly. He pointed out that two had already received
hearings and approval on party-line votes. The LRC adopted support positions all
each bill.
SB13-018 concerns the permissible use of credit by employers. Dan noted that
this is a new bill for the LRC to consider but it has already been approved by both
houses. He said that Police Services flagged the bill for him and indicated concern
that the bill needed to allow public safety groups to continue to use credit to
screen applicants. The rationale given was to avoid potential corruption from
those that might be hired but deep in debt. Dan noted for the Committee that the
recommendation was a neutral position because earlier in the week the bill was
amended to meet the Police Services’ requirement. The LRC adopted a neutral
position on the bill.
Dan updated the Committee on several bills with existing positions. Mayor Pro
Tem Ohlson questioned the existing position of monitor on SB13-050, the
recycling resources economic opportunity fund, saying that it would seem that
the City would support this concept. Dan noted that he would seek additional staff
comments to update this position. No change to the LRC position was made to
SB13-050.
SB13-059, peace officers obtaining liquor licenses, was another bill that Dan
noted was being brought to the LRC late in the process but at the request of Police
Services. Dan said that this bill could create ethical concerns and conflict of
interest for police officers. Dan said that the bill was amended to prevent an
officer from obtaining a liquor license in the service area but that he still
recommended an oppose position. The LRC adopted an oppose position to this
bill.
SB13-202 is another oil and gas bill, this one seeking to add inspectors to the
Colorado Oil and Gas Conservation Commission (COGCC). Dan
recommended a support position to this bill and noted that it seeks to adopt both a
risk-based inspection regime and directs the COGCC to have enough inspectors to
5
monitor each well in Colorado at least once per year. This increase in inspectors
would add significant costs to the COGCC and the state budget. The LRC adopted
support position.
SB13-203 seeks to limit local governments’ ability to use public land for
service stations and specifically for natural gas fueling stations. Dan
recommended an oppose position and noted that this bill is similar to a proposal
from 2012 that the LRC similarly opposed. Fort Collins and other communities
may be the only ones able to help promote of alternative fuels that might reduce
greenhouse gas emissions in Fort Collins and the Front Range. The LRC adopted
an oppose position on this bill.
SB13-226 would create a dog protection act aimed at developing training and
resources for public safety officers. Dan said that the goal of the bill is to reduce
the number of dogs shot by police officers through training and improving police
officers’ knowledge of animal behavior. Dan said that this bill was newly
introduced and so was recommending a monitor position until he heard from
Police Services. He understood that the bill might increase costs and cause a
budget burden to the City but that perhaps it was a worthwhile tradeoff. The LRC
adopted a monitor position pending more information from staff.
Dan summarized the Fort Collins participation in National League of Cities’
Congressional Cities Conference in Washington DC saying that those
attending were able to make important connection and to focus on some of the
important issues facing the community. Meetings included time spent with the
Federal Railroad Administration on train horn noise and with the various
members of the Congressional Delegation or their staff.
The meeting was adjourned at 5:03pm.
Updated 4/04/13
Bill # Short Title
City
Position
Date
Intro'd 1st Committee
2nd
Committee
2nd
Reading
3rd
Reading
1st
Committee
2nd
Committee
2nd
Reading
3rd
Reading
First House
Repass
Conf.
Cmte Governor
HB13‐1002 Small Business Development Centers Appropriations Support 1/9 BL 1/29 Ap 4/9
HB13‐1012 Extend Wildfire Mitigation Financial Incentives Monitor 1/9 F 1/23 Ap 2/8 2/8 2/11 F 3/14 3/19 3/20 3/26 3/26
HB13‐1018 Beneficial Use Produced Water Dust Suppression Oppose 1/9 HE 3/7
HB13‐1031 All‐hazards Resource Mobilization & Reimbursement Amend 1/9 J 1/31 Ap 4/1 4/2 4/4
HB13‐1044 Authorize Graywater Use Support 1/9 Ag 1/28 Ap 4/1 4/2 4/4
HB13‐1061 Responsible Medical Marijuana Vendor Standards Monitor 1/9 BL 2/7 2/11 2/12 F 3/12 3/18 3/19 3/26 3/26
HB13‐1090 Construction Contractor Subcontractor Prompt Pay Oppose 1/17 BL 2/28
HB13‐1093 Bidding For Local Government Procurement Contracts Oppose 1/17 LG 2/6
HB13‐1096 Waste Tire Recycling Agricultural & Beneficial Use Monitor 1/17 Ag 2/11
HB13‐1105 Energy Saving Mortgage Program Monitor 1/18 Trans 2/27 Ap 3/15 3/26 3/27 Ag 4/10
HB13‐1106 Prohibit Discrimination Labor Union Participation Oppose 1/18 SA 2/11
HB13‐1107 Prohibit Collective Bargaining Public Employees Oppose 1/18 SA 2/11
HB13‐1110 Special Fuel Tax & Electric Vehicle Fee Support 1/18 Trans 2/13 F 2/21 3/19 3/21 Trans 4/9
HB13‐1112 Open Records Request Passive Traffic Cameras Oppose 1/18 J 2/19
HB13‐1114 Inferences For Marijuana And Driving Offenses Monitor 1/18 J 2/26 Ap 4/1 4/2 4/4
HB13‐1120 Eliminate Conservation Easement Disputed For Taxes Oppose 1/18 F 1/31
HB13‐1122 Incentive Well Sev Tax Holiday & Higher Ed Funding Oppose 1/18 SA 2/11
HB13‐1128 Exclude Clean Counties From Enhanced Emission Area Oppose 1/18 Trans 2/13
HB13‐1133 Plumbing And Electrical Inspections Schools Oppose 1/18 LG 2/13 Ap
HB13‐1142 Urban And Rural Enterprise Zone Act Reforms Monitor 1/18 F 3/13 Ap 4/2 4/4
HB13‐1150 Sales & Use Tax Holiday Disaster‐preparedness Item Oppose 1/18 F 2/22 Ap
HB13‐1151 Sales & Use Tax Holiday For Higher Ed Textbooks Oppose 1/18 F 2/22 Ap
HB13‐1174 Business Personal Property Tax Exemptions Oppose 1/31 F 2/20
HB13‐1177 Business Personal Property Tax Exemptions Oppose 1/31 F 2/20
HB13‐1183 Extend Conservation Easement Tax Credit Cap Monitor 1/31 F 2/13 Ap 3/8 3/15 3/18 F 4/11
HB13‐1189 Exempt Bus Personal Property Purchased In 2014 Oppose 1/31 SA 2/27
HB13‐1206 Expand Authority For Business Incentive Agreements Support 2/1 LG 2/20 F 2/27 3/1 3/5
HB13‐1212 Local Authority To Form Job Creation Districts Oppose 2/1 LG 2/27 F 4/10
HB13‐1216 Incentives for Distributed Energy Oppose 2/4 Trans
HB13‐1222 Family Care Act Family Medical Leave Eligibility Amend 2/7 HE 2/28 3/22 3/25 HE 4/11
HB13‐1267 Increase Maximum Penalty Oil Gas Violations Support 3/18 Trans 3/21 F 3/27 Ap 4/9
HB13‐1268 Mineral Estate Disclosure Real Property Sale Support 3/18 Ag 3/27 4/1 4/2
HB13‐1269 Reduce Conflict Of Interest Oil And Gas Commission Support 3/18 Trans 3/28 4/4
HB13‐1273 New Funding Local Governments Oil Gas Dev Impacts Support 3/20 HE 4/11
HB13‐1275 Front Range Oil & Gas Human Health Study Support 3/21 HE 4/11
HB13‐1278 Oil Spills Gas Releases Reporting Support 3/25 Trans 4/10
Bill # Short Title
City
Position
Date
Intro'd 1st Committee
2nd
Committee
2nd
Reading
3rd
Reading
1st
Committee
2nd
Committee
2nd
Reading
3rd
Reading
First House
Repass
Conf.
Cmte Governor
SB13‐003 Coal Mine Methane Gas Capture Oppose 1/9 SA 2/13
SB13‐012 Child Abuse Reporting Youth Sports Organizations Monitor 1/9 J 1/30 2/4 2/5 HE 2/26 3/6 3/7 3/12 3/26
SB13‐018 Permissible Use Of Credit Information By Employers Neutral 1/9 BL 2/4 2/11 2/12 BL 3/7 3/22 3/25 3/28
SB13‐023 Increase Damages Caps Under CGIA Neutral 1/9 J 2/27 3/4 3/11 J 3/14 3/22 3/25 4/2
SB13‐025 Collective Bargaining Firefighters Oppose 1/9 BL 1/23 2/4 2/5 SA 4/8
SB13‐035 Prohibit Red Light Camera Vehicle Identification Oppose 1/16 SA 1/23
SB13‐043 On‐premises Alcohol Consumption Prohibit Removal Oppose 1/16 J 1/28 2/1 2/4 BL 3/14 4/4
SB13‐048 Authorize Local Government Use Of HUTF For Transit Support 1/16 Trans 2/5 2/11 2/12 Trans 3/20 3/27 3/28 4/2
SB13‐050 Recycling Resources Economic Opportunity Fund Monitor 1/16 F 2/7 Ap 2/22 2/26 2/27 F 3/13 Ap
SB13‐052 Transit‐oriented Development Claims Oppose 1/16 J 4/15
SB13‐059 Peace Officers Obtain Liquor License Oppose 1/16 J 2/5 2/11 2/12 BL 3/7 3/15 3/18 3/19
SB13‐061 Motor Vehicle Emissions Inspections Oppose 1/16 Trans 2/14
SB13‐065 Allow Approval Voting Nonpartisan Local Election Monitor 1/16 SA 2/6
SB13‐068 Modify Late Vehicle Registration Fee Oppose 1/16 Trans 2/12
SB13‐130 Term Allocations For Conservation Easements Oppose 1/29 F 2/12
SB13‐136 Business Personal Prop Tax Exemption With Opt Out Oppose 1/29 SA 2/13
SB13‐169 Reintroduce Black‐footed Ferret Landowner Consent Support 2/8 Ag 2/21 2/26 2/27 Ag 4/15
SB13‐202 Additional Inspections At Oil & Gas Facilities Support 3/12 Ag 3/21 Ap
SB13‐203 Limit Use Of Gov Land For Automotive Service Stations Oppose 3/13 Trans 4/2 4/5
SB13‐226 Create Dog Protection Act Monitor 3/21 J 4/3
SB13‐252 Renewable Energy Standard Retail Wholesale Methane Monitor 4/3 SA
City positions Bill Action Summary
Scheduled for action (yellow)
Support (green) Legislative committee action not scheduled (no fill)
Oppose (red)
Amend (blue)
Monitor (no fill)
Italics Not yet adopted by LRC
Committee Abbreviations
Ag = agriculture and natural resources committee
Ap = appropriations committee J = judiciary committee
BL = Business, labor and econ development committee LG = local government committee
Ed = education committee SA = state, veterans and military affairs committee
CC = conference committee Trans = transportation committee
F = finance committee UA = upon adjournment
HE = health care and environment committeee UR = upon recess
Bill waiting 2nd/3rd reading or not calendared (no fill)
Bill signed by Governor (green)
Bill no longer active (gray)
Bill passed, date of action (green)
First House Second House
Bill scheduled in committee of reference (yellow)
Bill status
Legislative committee action scheduled, date and time (yellow)
Bill postponed indefinitely or lost, date of action (red)
Bill did not go on to second committee or no action required (black)
HB13‐1288 Establish Statewide Uniform Sales & Use Tax Base Oppose 4/2 F Ap
HB13‐1292 Keep Jobs In Colorado Act Oppose 4/2 SA
City of Fort Collins Legislative Tracking
General Assembly Session 2013
First House Second House