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HomeMy WebLinkAboutAgenda - Mail Packet - 2/24/2015 - Legislative Review Committee Agenda - February 24, 2015City 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 February 24, 2015, 4:00 p.m. Commons Conference Room 1. Approval of minutes from February 10, 2015 meeting 2. Review Colorado General Assembly Bills 3. Other business  Update on National League of Cities Conference in March 2015 Next meetings: March 17 and March 31 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 February 10, 2015, 4:00 p.m. Commons Conference Room Present: Wade Troxell, Councilmember; Ross Cunniff, Councilmember; Lisa Poppaw, Councilmember; Wendy Williams, Assistant City Manager; Carrie Daggett, Interim City Attorney; Dan Weinheimer, Legislative Policy Manager Absent: None Guests: Kevin Jones, Chamber of Commerce; Sarah Bruce and Jake Christensen, ASCSU; Mike Beckstead, Fort Collins Chief Financial Officer; Ken Sampley and Jon Haukaas, Fort Collins Utilities; Eric Potyondy, City Attorney’s Office Councilmember Troxell called the meeting to order at 4:13 pm. Ken Sampley and Jon Haukaas presented a draft bill concerning stormwater management and proposed the LRC recommend the City Council adopt a letter of support for the draft bill. Fort Collins Utilities staff are concerned with a proposed Colorado Division of Water Resources, “State Engineer”, change in stormwater detention regulation. The proposed changes require augmentation for short- term detention would result in significant change to state stormwater control and management and goes against standard industry practice. LRC approved developing a resolution and requesting a Council provide a support letter. After this discussion, the LRC reviewed SB15-135 concerning Urban Renewal Authority (URA). Mike Beckstead presented background information related to the formulation of this bill. LRC discussed the bill, which proposed to add a county commissioner appointee to a city’s URA board and to ensure funds are returned to underlying taxing authorities upon completion of funding for a URA project. LRC approved a support position for this bill. The two student representatives of the Associated Students of Colorado State University (ASCSU) Legislative Committee presented analysis of affordable housing in Fort Collins. The students discussed the impacts of "U plus 2", specifically the rising costs of school tuition and fees and the pressure of rent as a negative impacting students’ ability to participate in the community or to advance their education. LRC recommended that the ASCSU students continue to engage on these issues and that they come back to LRC in May for continued discussion. 2 Adoption of the minutes from the January 27, 2015 meeting were moved for approval by Councilmember Poppaw and seconded by Councilmember Cunniff. Minutes were adopted without amendment. Dan then described new bills for LRC consideration: HB15-1012 – amends the Sales and Use Tax Exemption for Dyed Diesel which is tax exempt fuel used for construction and farm equipment that does not travel/operate on roads or highways. LRC had adopted a position of oppose unless amended. Dan shared that this bill was amended to remove the sections that concerned Fort Collins. LRC adopted a monitor position HB15-1107 – concerns Annexation of Large Communities Served by a Metro District; the bill would require a 2/3 vote of the special district board to approve an annexation. This switches the current procedure for annexations, placing special districts in control. LRC adopted an oppose position. HB15-1192 – concerns amending the Entertainment District to Expand Licensed Premises Types. Cities have used entertainment districts to expand the hours of alcohol service and this bill seeks to allow additional business types eligibility to participate in such a district. The bill is permissive – a local government would need to authorize a specific district and enact governing rules. LRC adopted a monitor position. HB15-1202 – is a bill seeking to provide local licensing authorities the ability to address Alcohol Beverage License Reissuance. The bill is permissive, giving cities the ability to enact rules to reissue an alcohol license when an establishment’s license lapses from between 90 and 180 days (cities can currently reissue in cases up to 90 days). LRC adopted a support position. HB15-1204 – creates a new liquor license category for Distillery Pub Alcohol Beverage License. Qualifying businesses would operate similarly to a brew pub licensee in that they serve meals, gross at least 15% income from food sales, limit wholesale sales of spirits on premises and annual production of spirits. LRC adopted a monitor position. SB15-076 – would allow people to Dispose of Cathode Ray Tube in Hazardous Waste Sites. This bill would reverse a City-supported law to allow and encourage electronic waste recycling statewide. LRC adopted an oppose position. SB15-136 – would enact regulation on Labeling Retail Marijuana Packaging within the state statutes rather than having administrative rules. LRC adopted a monitor position. 3 The LRC then briefly discussed the March National League of Cities conference in Washington DC. Dan briefly summarized the planned meetings and LRC members asked to receive a summary of the meetings, anticipated meeting topics, and talking points ahead of the NLC trip. The meeting was adjourned at 5:15 pm. Legislative Review Committee Bill Report Legislative Review Committee Bill Report HB15­1003 Fund Safe Routes To School Program Comment: LPA pg 34, Transportation #1, "Facilitate cooperative programs among government agencies in order to help the City meet its basic transportation needs, including transit, street, highway, road and bridge construction and maintenance, and safe corridors for bicyclists and pedestrians." Position: Support Calendar Notification: NOT ON CALENDAR Short Title: Fund Safe Routes To School Program Sponsors: TYLER / TODD Summary: The bill requires the department of transportation to award grants under the safe routes to school program using state moneys available to the department in a total amount of at least $3 million. Status: 01/07/2015 Introduced In House ­ Assigned to Transportation & Energy Fiscal Notes: Fiscal Note Analyze This Comments: Strongly Support: Tue, January 27, 2015, by mjackson@fcgov.com (27­Jan­15) Strong support for funding Safe Routes to School. This is a very successful local program in Fort Collins. Strongly Support: Tue, January 27, 2015, by mjackson@fcgov.com (27­Jan­15) Could increase or maintain SR2S funding for Fort Collins. Strongly Support: Tue, January 27, 2015, by mjackson@fcgov.com (27­Jan­15) See above Strongly Support: Tue, January 27, 2015, by mjackson@fcgov.com (27­Jan­15) See above HB15­1007 Local Government Retail Marijuana Taxes Comment: LPA pg. 32, Marijuana #4, "Protect communities’ ability to raise necessary funds to maintain public safety and enforce marijuana possession laws." Position: Amend Calendar Notification: Thursday, February 19 2015 GENERAL ORDERS ­ SECOND READING OF BILLS (3) in house calendar. Short Title: Local Government Retail Marijuana Taxes Sponsors: SINGER Summary: The bill clarifies that counties and municipalities are authorized, subject to voter approval, to levy a sales tax on all sales of retail marijuana and retail marijuana products in addition to any sales tax imposed by the state or other authorized entity. Status: 02/17/2015 House Second Reading Laid Over Daily ­ No Amendments Fiscal Notes: Fiscal Note Analyze This Comments: Amend: Mon, January 12, 2015, by Dan Weinheimer (dweinheimer@fcgov.com) (12­Jan­15) CML: Oppose unless amended to restrict the authority of a county to only apply a special sales tax adopted by voters to the unincorporated areas of the county HB15­1012 Sales & Use Tax Exemption For Dyed Diesel Comment: LPA pg 24, Home Rule Authority #2, "Reject State or Federal intervention in matters of local concern and which unnecessarily or adversely affect the City’s ability to manage pursuant to its home rule authority." Position: Monitor Calendar Notification: Thursday, February 19 2015 THIRD READING OF BILLS ­ FINAL PASSAGE (3) in house calendar. Short Title: Sales & Use Tax Exemption For Dyed Diesel Sponsors: BECKER J. / SONNENBERG Summary: Bill would challenge the ability of cities to assess and collect municipal sales tax. Status: 02/17/2015 House Third Reading Laid Over Daily ­ No Amendments Fiscal Notes: Fiscal Note Analyze This Comments: Neutral: Tue, January 27, 2015, by mjackson@fcgov.com (27­Jan­15) Most of Transfort's fleet is compressed natural gas fuel, so potential impacts to them would be minimal. there may be impacts to diesel fuel fleets in Streets, Fleet, etc. I defer to their perspective. Neutral: Tue, January 27, 2015, by mjackson@fcgov.com (27­Jan­15) Minimal impact to Transfort; may be other impacts to diesel fuel reliant City fleets in Streets Neutral: Tue, January 27, 2015, by mjackson@fcgov.com (27­Jan­15) See above Neutral: Tue, January 27, 2015, by mjackson@fcgov.com (27­Jan­15) See above HB15­1016 Promote Precipitation Harvesting Pilot Projects Comment: Legislative Priority, "Support comprehensive water resource management" Position: Monitor Calendar Notification: Monday, February 23 2015 Agriculture, Livestock, & Natural Resources 1:30 p.m. Room 0107 (1) in house calendar. Short Title: Promote Precipitation Harvesting Pilot Projects Sponsors: CORAM / SONNENBERG Summary: Bill seeks to amend an existing pilot program for "harvesting" rainwater in an attempt to increase participation. Status: 02/02/2015 House Committee on Agriculture, Livestock, & Natural Resources Witness Testimony and/or Committee Discussion Only Fiscal Notes: Fiscal Note Analyze This Comments: Monitor: Mon, January 26, 2015, by ddustin@fcgov.com (26­Jan­15) Low, from a water resources perspective. The pilot projects suggested in this bill should not result in any injury to the City’s water rights. Most of the City’s Water Utility service area is built out, making precipitation harvesting less important. However, there is some concern that if precipitation harvesting becomes widespread as a result of these pilot programs without adequate replacement obligations it could potentially injure the City’s water rights. Monitor: Mon, January 26, 2015, by ddustin@fcgov.com (26­Jan­15) No impact from this bill, but extensive use of precipitation harvesting without adequate replacement obligations could injure the City’s water rights. Monitor: Mon, January 26, 2015, by ddustin@fcgov.com (26­Jan­15) No impact from this bill, but extensive use of precipitation harvesting without adequate replacement obligations could injure the City’s water rights. It is hard to quantify the potential future impact, but it is believed to be minimal. HB15­1057 The Statewide Initiative Process Comment: Not included within LPA ­ may have nexus to home rule authority and general operation of government. Position: Monitor Calendar Notification: NOT ON CALENDAR Short Title: The Statewide Initiative Process Sponsors: COURT / SONNENBERG Summary: Bill seeks to require inclusion of fiscal impact statements on statewide initiatives that must include the effect the measure will have on state and local government revenues, expenditures, taxes, and fiscal liabilities if the measure is enacted. Status: 01/07/2015 Introduced In House ­ Assigned to State, Veterans, & Military Affairs Fiscal Notes: Fiscal Note Analyze This Comments: HB15­1073 Driver May Challenge Initial Police Contact Comment: Position: Monitor Calendar Notification: Tuesday, February 24 2015 Judiciary 1:30 p.m. Room 0112 (3) in house calendar. Short Title: Driver May Challenge Initial Police Contact Sponsors: SALAZAR Summary: The bill would allow drivers to challenge the validity of the law enforcement officer’s initial contact with the driver. Status: 01/12/2015 Introduced In House ­ Assigned to Judiciary Fiscal Notes: Analyze This Comments: HB15­1094 Restorative Justice Council And Pilot Changes Comment: LPA pg 29, Social Sustainability #4, "Enhance neighbor relations by improving the resources available to community mediation and restorative justice programs." Position: Support Calendar Notification: Thursday, February 19 2015 THIRD READING OF BILLS ­ FINAL PASSAGE (10) in house calendar. Short Title: Restorative Justice Council And Pilot Changes Sponsors: LEE / COOKE Summary: Bill expands the pool of resources available to fund restorative justice programs throughout the state and makes amendments to the state's RJ pilot program. Status: 02/17/2015 House Third Reading Laid Over Daily ­ No Amendments Fiscal Notes: Fiscal Note Analyze This Comments: HB15­1098 Red Light Camera Comment: LPA pg 33, Public Safety #3, "Maintain or enhance the City’s right to use camera enforcement of traffic laws, reduces operational restrictions on the use of camera enforcement, and increases the fines associated with violations." Position: Oppose Calendar Notification: Wednesday, February 25 2015 Transportation & Energy 1:30 p.m. Room 0112 (1) in house calendar. Short Title: Red Light Camera Sponsors: HUMPHREY / NEVILLE T. Summary: Bill would repeal the use of photo enforcement for traffic offenses by state, county or local government with exception of use for tolling. Status: 01/15/2015 Introduced In House ­ Assigned to Transportation & Energy + Appropriations Fiscal Notes: Fiscal Note Analyze This Comments: Oppose: Wed, January 21, 2015, by Dan Weinheimer (dweinheimer@fcgov.com) (21­Jan­15) Police Services: Police Services is opposed to this legislation. We feel that Red Light cameras as well as camera radar vans are an excellent tool in improving our traffic safety. If you need more on this we can provide it as we have been down this road before. HB15­1107 Annexation Large Communities Served By Metro Dists Comment: LPA pg 28, Planning and Land Use #1, "Require regional cooperation in land use and transportation planning, and foster sustainable development, without unduly constraining the City’s home rule powers." Position: Oppose Calendar Notification: NOT ON CALENDAR Short Title: Annexation Large Communities Served By Metro Dists Sponsors: VAN WINKLE / HOLBERT Summary: Bill would require at least 2/3 approval from a special district board of directors for property annexation by a city. Status: 01/15/2015 Introduced In House ­ Assigned to Local Government Fiscal Notes: Fiscal Note Analyze This Comments: N/A: Fri, February 06, 2015, by lkadrich@fcgov.com (06­Feb­15) low N/A: Fri, February 06, 2015, by lkadrich@fcgov.com (06­Feb­15) not likely any annexations of that size N/A: Fri, February 06, 2015, by lkadrich@fcgov.com (06­Feb­15) none N/A: Fri, February 06, 2015, by lkadrich@fcgov.com (06­Feb­15) n/a HB15­1119 Local Government Fracking Ban Liable Royalties Comment: Priority ­ "Support local control of oil and gas operations" Position: Oppose Calendar Notification: Wednesday, February 25 2015 State, Veterans, and Military Affairs Upon Adjournment Room LSB­A (1) in house calendar. Short Title: Local Government Fracking Ban Liable Royalties Sponsors: BUCK Summary: Bill would require any city enacting a fracking ban or moratorium to pay mineral owners full royalty amount. Status: 02/11/2015 House Committee on State, Veterans, & Military Affairs Witness Testimony and/or Committee Discussion Only Fiscal Notes: Fiscal Note Analyze This Comments: Oppose: Fri, January 16, 2015, by jstokes@fcgov.com (16­Jan­15) medium N/A: Fri, January 16, 2015, by jstokes@fcgov.com (16­Jan­15) could cause FC to have to pay royalties for non­produced minerals....could be millions of dollars, but not likely HB15­1192 Entertainment Dist Expand Licensed Premises Types Comment: LPA pg 33, Public Safety #14, "Clarify the qualifications for what types and purposes a business may obtain and use a state liquor license." Position: Monitor Calendar Notification: Thursday, February 19 2015 THIRD READING OF BILLS ­ FINAL PASSAGE (9) in house calendar. Short Title: Entertainment Dist Expand Licensed Premises Types Sponsors: BECKER K. / NEVILLE T. Summary: Bill expands the types of businesses allowed to qualify within the boundaries of an entertainment district. Allowing an entertainment district remains a local control choice. Status: 02/17/2015 House Third Reading Laid Over Daily ­ No Amendments Fiscal Notes: Fiscal Note Analyze This Comments: Neutral: Thu, February 05, 2015, by ajensen@fcgov.com (05­Feb­15) Currently the City of Fort Collins does not have an Entertainment District. Neutral: Thu, February 05, 2015, by ajensen@fcgov.com (05­Feb­15) The sales rooms and limited winery licenses are not administered by local jurisdictions. HB15­1202 Alcohol Beverage License Reissuance Comment: LPA pg 33, Public Safety #14, "Clarify the qualifications for what types and purposes a business may obtain and use a state liquor license." Position: Support Calendar Notification: Thursday, February 26 2015 Business Affairs and Labor 1:30 p.m. Room LSB­A (2) in house calendar. Short Title: Alcohol Beverage License Reissuance Sponsors: SINGER Summary: Bill would provide local licensing authority to allow (and set terms for) reissue of expired liquor licenses. Status: 02/03/2015 Introduced In House ­ Assigned to Business Affairs and Labor Fiscal Notes: Fiscal Note Analyze This Comments: Neutral: Wed, February 04, 2015, by ajensen@fcgov.com (04­Feb­15) The City currently imposes a fee ($500) for a late renewal starting the day after it expires and up to 90 days after the expiration. HB15­1204 Distillery Pub Alcohol Beverage License Comment: LPA pg 33, Public Safety #14, "Clarify the qualifications for what types and purposes a business may obtain and use a state liquor license." Position: Monitor Calendar Notification: Thursday, February 19 2015 Business Affairs and Labor 1:30 p.m. Room LSB­A (3) in house calendar. Short Title: Distillery Pub Alcohol Beverage License Sponsors: PABON / KERR Summary: Bill would add a new type of liquor license category for distillery pubs. Status: 02/03/2015 Introduced In House ­ Assigned to Business Affairs and Labor + Finance Fiscal Notes: Fiscal Note Analyze This Comments: Neutral: Wed, February 04, 2015, by ajensen@fcgov.com (04­Feb­15) As this is similar to the brew pub licenses, I do not anticipate a steep learning curve to administer this class of license. It may increase the number of applications I receive. Neutral: Wed, February 04, 2015, by ajensen@fcgov.com (04­Feb­15) Given the craft brew industry in Fort Collins, this may further enhance that image. HB15­1206 Sales & Use Tax Refund For Recycling Equipment Comment: Position: Calendar Notification: Thursday, February 19 2015 Business Affairs and Labor 1:30 p.m. Room LSB­A (1) in house calendar. Short Title: Sales & Use Tax Refund For Recycling Equipment Sponsors: SINGER Summary: For each of the calendar years 2015 through 2019, the bill allows a taxpayer to apply for a refund of any state sales tax or use tax paid for machinery or equipment used directly and primarily in the recycling or reprocessing of waste products. The bill specifies the types of machinery or equipment to which the refund applies and specifies procedures for applying to the department of revenue to receive the refund. Status: 02/03/2015 Introduced In House ­ Assigned to Business Affairs and Labor + Finance Fiscal Notes: Fiscal Note Analyze This Comments: N/A: Wed, February 18, 2015, by sgordon@fcgov.com (18­Feb­15) High N/A: Wed, February 18, 2015, by sgordon@fcgov.com (18­Feb­15) A number of local businesses in Fort Collins (such as local recycling collectors and haulers, scrap metal dealers, non­profit organizations, and computer refurbishers) would benefit from being able to more afford­ably purchase equipment like balers, which improves the marketability of recyclables (as an example, cardboard is much easier to transport once it has been compacted and baled and commands a higher price in the commodity market than loose, un­compacted cardboard). N/A: Wed, February 18, 2015, by sgordon@fcgov.com (18­Feb­15) Supporting local "green businesses" that help the Fort Collins community's progress at meeting zero waste goals, as well as carbon reduction goals, is a high priority for the City. Economic development strategies such as this bill's sales and tax refund proposal will help businesses invest in necessary equipment, which is consistent with the City's economic development principles. The City's 2013 analysis showed that as much as $6.5 billion dollars worth of recover­ able materials are buried in local landfills every year; putting these dollars to work (when discards are instead processed and sold as commodities) enhances the local economy with more jobs and new revenue, as well as contributing to environmental stewardship. N/A: Wed, February 18, 2015, by sgordon@fcgov.com (18­Feb­15) This approach of giving state sales and use tax refunds for the purchase of recycling equipment is a thoughtful and effective economic stimulus tool that may provide a model for the Fort Collins community to also adopt, allowing local sales and use tax refunds to businesses that invest in recycling equipment. HB15­1217 Local Gov Input Liquor Sales Room Applications Comment: Position: Calendar Notification: Thursday, February 26 2015 Business Affairs and Labor 1:30 p.m. Room LSB­A (3) in house calendar. Short Title: Local Gov Input Liquor Sales Room Applications Sponsors: SINGER Summary: Under current law, a winery, limited winery, distillery, or beer wholesaler licensed by the state licensing authority may operate a sales room to sell the products it manufactures. With the exception of distilleries, these licensees may obtain approval to operate a sales room without any input from the local licensing authority in whose jurisdiction the sales room is located. For distillery sales rooms, the applicant must submit a copy of the application to the local licensing authority, and the local licensing authority may request the state licensing authority to deny the application if the local licensing authority determines that approval of the proposed sales room conflicts with the reasonable requirements of the neighborhood and the desires of the adult inhabitants. However, the state licensing authority may still grant approval of the sales room, regardless of the local licensing authority's determination. The bill requires all applicants for a sales room license who apply on or after July 1, 2015, to send a copy of the application, at the time of application to the state licensing authority, to the local licensing authority in whose jurisdiction the proposed sales room is located. The local licensing authority has 30 days to provide input on the sales room application if it chooses to do so. The state licensing authority must consider the local licensing authority's input, if any, and may deny the proposed sales room application if the local licensing authority determines that approval of the sales room would conflict with the needs and desires of the neighborhood. Additionally, unless the local licensing authority affirms that the applicant has complied with local zoning restrictions and satisfies the needs and desires of the neighborhood, the state licensing authority cannot approve the sales room application. If the local licensing authority does not provide a response to the application within 30 days, the state licensing authority shall deem that the local licensing authority does not object to the sales room application. The state licensing authority, upon the local licensing authority's request, may take action authorized under the "Colorado Liquor Code" (liquor code) against a licensee operating a sales room if the local licensing authority demonstrates that the licensee has committed an act defined as unlawful under the liquor code or shows good cause for the suspension or revocation. Licensees that either have sales rooms as of July 1, 2015, or that obtain authorization to operate a sales room on or after July 1, 2015, must notify the state licensing authority of all of their sales rooms. The state licensing authority is to maintain a list of all sales rooms in the state and make the list available on its web site. The requirements of the bill do not apply to a licensed winery, limited winery, distillery, or beer wholesaler that does not sell and serve alcohol beverages for consumption in its sales room. The state licensing authority is authorized to adopt rules regarding sales rooms. Status: 02/10/2015 Introduced In House ­ Assigned to Business Affairs and Labor Fiscal Notes: Analyze This Comments: HB15­1230 Innovative Industry Workforce Development Program Comment: Position: Calendar Notification: NOT ON CALENDAR Short Title: Innovative Industry Workforce Development Program Sponsors: LEE / HEATH Summary: The bill creates the innovative industries workforce development program in the department of labor and employment (department) to be jointly administered by the state work force development council (state council) and the division of employment and training (division). The state council will provide oversight and strategic administration and the division will provide operational administration. The purpose of the program is to reimburse a business for one­half of its expenses related to a qualifying internship. A qualifying internship is one that: * Is in an innovative industry; * Is for at least 130 hours and lasts up to 6 months; * Allows students to gain valuable work experience in at least 2 specified occupational areas; * Pays the intern at least $10 per hour; * Provides a mentor or supervisor that will work closely with the intern; * Is not for the purpose of meeting required residency or clinical hours for the intern; * Is with an innovative­industry business that has a physical operation facility in the state; * Is for a high school or college student, a resident who is a student at an out­of­state college, or a recent graduate of either; and * Along with all other internships, constitutes less than 50% of the business's workforce located in the state. A business may be reimbursed for up to 5 interns per location and up to 10 at all locations, but the maximum amount that a business may be reimbursed for each internship is $5,000. At least one­half of the reimbursement amount must be paid to the intern. A business is required to receive preapproval from the division prior to or during the internship. The state council may enter into an agreement with one or more intermediaries, which are innovative­industry associations, to facilitate outreach to employers, market the program, and identify work experience opportunities. The division is required to solicit information about internships that were reimbursed through the program, and the state council is required to submit a report to legislative committees about the program. Status: 02/17/2015 Introduced In House ­ Assigned to Business Affairs and Labor Fiscal Notes: Analyze This Comments: Strongly Support: Wed, February 18, 2015, by jbirks@fcgov.com (18­Feb­15) Medium Strongly Support: Wed, February 18, 2015, by jbirks@fcgov.com (18­Feb­15) Address skills gap and diversify training opportunities; this is a key objective for our community Strongly Support: Wed, February 18, 2015, by jbirks@fcgov.com (18­Feb­15) Hard to quantify Strongly Support: Wed, February 18, 2015, by jbirks@fcgov.com (18­Feb­15) A great way to address workforce issues and encourage students to seek education in fields with high job availablility SB15­006 Prohibit Forfeitures Without Criminal Conviction Comment: LPA pg 33, Public Safety general statement, "The Fort Collins City Council recognizes the critical importance of maintaining public order, providing a safe environment, and protecting the lives and property of the citizens of Fort Collins." Position: Monitor Calendar Notification: Wednesday, February 25 2015 SENATE JUDICIARY COMMITTEE 1:30 PM SCR 356 (2) in senate calendar. Short Title: Prohibit Forfeitures Without Criminal Conviction Sponsors: WOODS / SAINE Summary: Bill would limit asset forfeiture to occur only upon a conviction. Bill would also limit police cooperation with federal agencies in task forces and public safety operations. Status: 01/07/2015 Introduced In Senate ­ Assigned to Judiciary Fiscal Notes: Fiscal Note Analyze This Comments: Actively Oppose: Wed, January 28, 2015, by cchristensen@fcgov.com (28­Jan­15) We strongly oppose this legislation because of the negative impact it will have on the TF operations and funding, along with their partnership with DEA Actively Oppose: Wed, January 28, 2015, by cchristensen@fcgov.com (28­Jan­15) The bill places a lower limit on a local officer’s ability to assist with a federal seizure to be at $50,000 or above. This limit would cut out a large majority of the cases we assist with as part of the TFO position in Denver. In a quick check of the cases we have received funds from it appears that out of 51 seizure awards we received in 2014, only 5 (9.8%) were over the $50,000 limit. Actively Oppose: Wed, January 28, 2015, by cchristensen@fcgov.com (28­Jan­15) 4. Even though the state seizure proceeds were only $30,000, together with federal seizure proceeds of $193,000 (2014 monies), the TF would lose approximately $200,000 to $250,000 from its yearly budget. This would make having a specialized unit to target just mid to large drug operations almost impossible. And, while our agency would still perform some level of drug law enforcement in Patrol, it would most likely be at the street “user” level and not at the higher Drug Trafficking Organization (DTO) level. Actively Oppose: Wed, January 28, 2015, by cchristensen@fcgov.com (28­Jan­15) The new requirement for a conviction or plea agreement before an asset can be seized greatly binds up the civil process. A defendant could just refuse to come to court and no seizure could take place. This would also create the need for long­term fiduciary accounts to hold funds until a conviction (or plea agreement) could be reached. Tens of years could pass while holding onto large sums of money, cars, or other property waiting for a defendant to be captured and brought to trial. The defendant would also not be liable for storage fees if not found convicted. 8. This bill makes it seem like there is no process in place for a court hearing on seizures but there is already a court proceeding for seizures through the civil side. The bill turns the seizure process from a civil issue with a determination of the preponderance of evidence to move into the criminal realm of probable cause. 10. The bill makes it seem like there is no local oversight for expenditure of funds. This is not the case. The EOB provides oversight for disbursements and expenditures and both cities have some sort of council representation to provide further oversight. SB15­018 Repeal Late Vehicle Registration Fee Comment: LPA pg. 34, Transportation #3, "Explore and analyze alternative funding methods to meet transportation infrastructure needs." Position: Oppose Calendar Notification: Thursday, February 19 2015 THIRD READING OF BILLS ­ FINAL PASSAGE (1) in senate calendar. Short Title: Repeal Late Vehicle Registration Fee Sponsors: NEVILLE T. / NEVILLE P. Summary: If the owner of a motor vehicle fails to register the vehicle when required, the owner must, upon registering the vehicle pay a late fee of $25 for each month or portion of a month for which the registration was late up to a $100 cap. The bill repeals the late fee. Fees collected are applied statewide to transportation project funding needs. Status: 02/18/2015 Senate Second Reading Passed ­ No Amendments Fiscal Notes: Fiscal Note Analyze This Comments: Oppose: Tue, January 27, 2015, by mjackson@fcgov.com (27­Jan­15) Oppose any bill that reduces potential funding for transportation improvements at the State and local levels. Oppose: Tue, January 27, 2015, by mjackson@fcgov.com (27­Jan­15) Fewer dollars for transportation improvements. Oppose: Tue, January 27, 2015, by mjackson@fcgov.com (27­Jan­15) See above comments. Oppose: Tue, January 27, 2015, by mjackson@fcgov.com (27­Jan­15) See above. SB15­032 Lift Restrictions On Carrying Of Firearms Comment: LPA pg 33, Public Safety #5, "Reject initiatives that have the potential to compromise officer safety." Position: Oppose Calendar Notification: Thursday, February 19 2015 THIRD READING OF BILLS ­ FINAL PASSAGE (2) in senate calendar. Short Title: Lift Restrictions On Carrying Of Firearms Sponsors: MARBLE Summary: Bill would allow anyone legally able to possess a handgun to carry the gun as a concealed weapon without obtaining a concealed carry permit. Status: 02/18/2015 Senate Second Reading Passed with Amendments ­ Committee, Floor Fiscal Notes: Fiscal Note Analyze This Comments: SB15­044 Electric Renewable Energy Standard Reduction Comment: LPA pg 22, Energy #6, "Incent renewable energy production, including wind power, and provide for “State Implementation Plan” credits for renewable energy (excluding residential wood burning and corn­based ethanol) and energy efficiency." Position: Monitor Calendar Notification: Monday, March 2 2015 State, Veterans, and Military Affairs 1:30 p.m. Room LSB­A (5) in house calendar. Short Title: Electric Renewable Energy Standard Reduction Sponsors: SCOTT / THURLOW Summary: The bill reduces the minimum percentage of renewable energy required of investor­owned utilities from 20% to 15% for the years 2015 through 2019 and from 30% to 15% for the years 2020 and thereafter. The bill also reduces the minimum amounts for cooperative electric associations from 20% to 15% for the years 2020 and thereafter. Status: 02/10/2015 Introduced In House ­ Assigned to State, Veterans, & Military Affairs Fiscal Notes: Fiscal Note Analyze This Comments: SB15­046 Renewable Energy Std Adjust REAs Distributed Gen Comment: LPA pg 22, Energy #6, "Incent renewable energy production, including wind power, and provide for “State Implementation Plan” credits for renewable energy (excluding residential wood burning and corn­based ethanol) and energy efficiency." Position: Monitor Calendar Notification: NOT ON CALENDAR Short Title: Renewable Energy Std Adjust REAs Distributed Gen Sponsors: GRANTHAM Summary: The bill allows these utilities to count each kilowatt­hour of electricity obtained through retail distributed generation as 3 kilowatt­hours for purposes of meeting the 2020 standard. In addition, the bill allows cooperative electric associations to use purchases from community solar gardens to meet the retail distributed generation component of the renewable energy standard. Status: 01/07/2015 Introduced In Senate ­ Assigned to Agriculture, Natural Resources, & Energy Fiscal Notes: Fiscal Note Analyze This Comments: SB15­076 Dispose Cathode Ray Tubes At Hazardous Waste Sites Comment: LPA pg. 21, Recycling and Solid Waste #6 "Require greater producer responsibility, such as “take back” regulations that assist consumers to appropriately recycle electronic equipment (e­waste)." Position: Oppose Calendar Notification: NOT ON CALENDAR Short Title: Dispose Cathode Ray Tubes At Hazardous Waste Sites Sponsors: GRANTHAM Summary: This bill reverses legislation passed in 2012 that was supported by the City of Fort Collins, which bans the disposal of certain electronic devices in landfills in the state of Colorado. Status: 01/14/2015 Introduced In Senate ­ Assigned to Agriculture, Natural Resources, & Energy Fiscal Notes: Fiscal Note Analyze This Comments: No Effect: Tue, January 27, 2015, by cwebb@fcgov.com (27­Jan­15) This bill allows for responsible disposal of Cathode Ray Tubes (CRTs), given there is no aftermarket for the glass. The bill would not allow Larimer County to accept electronic waste for disposal in the landfill. Oppose: Mon, February 02, 2015, by sgordon@fcgov.com (02­Feb­15) This bill reverses legislation passed in 2012 that was supported by the City of Fort Collins, which bans the disposal of certain electronic devices in landfills in the state of Colorado. In 2007, Fort Collins adopted a local ban on the disposal of electronic waste in the community's waste stream, therefore the subsequent passage in 2012 of a statewide landfill ban on e­waste reinforced and supported a policy adopted by the City Council to help protect Fort Collins citizens and the environment. N/A: Mon, February 02, 2015, by sgordon@fcgov.com (02­Feb­15) SB­076 would allow cathode ray tubes (CRT) and devices attached to CRTs to be disposed of in any landfill in the state that meets Subtitle D standards (landfills built based on RCRA requirements). The City is concerned because disposing of CRTs in landfills releases toxins into the atmosphere when crushed in collection or compacting on the landfill face and may leach toxins into soil and water. This is an unacceptable risk to citizens of our community, which City Council evaluated in 2007 and elected to act upon by adopting local restrictions on electronic waste disposal (in advance of state­wide action). N/A: Mon, February 02, 2015, by sgordon@fcgov.com (02­Feb­15) Local businesses have provided electronic wast (e­waste) recycling in Fort Collins for the past 10­15 years. These are robust economic enterprises that would be damaged if a state bill was passed allowing exemptions for CRTs to be properly recycled. E­waste recyclers have collected and recycled many millions of tons of e­waste in Colorado (and Fort Collins) since the ban was put in place and are creating jobs and revenue while at the same time providing an important service that helps protect human health and the environment. N/A: Mon, February 02, 2015, by sgordon@fcgov.com (02­Feb­15) Complaints or claims that CRTs are being illegally dumped along roadsides and in ditches are anecdotal and have not been legitimately substantiated (with data). SB15­079 Doc Recording Fee To Fund Affordable Housing Comment: LPA pg 27, Affordable Housing #1, "Maintain or enhance current levels of funding for affordable housing throughout Colorado." Position: Monitor Calendar Notification: NOT ON CALENDAR Short Title: Doc Recording Fee To Fund Affordable Housing Sponsors: ULIBARRI Summary: Bill use a portion of document recording fee to develop an affordable housing fund. Status: 01/14/2015 Introduced In Senate ­ Assigned to State, Veterans, & Military Affairs Fiscal Notes: Fiscal Note Analyze This Comments: Support: Fri, January 16, 2015, by jbrewen@fcgov.com (16­Jan­15) High. Support: Thu, January 22, 2015, by Dan Weinheimer (dweinheimer@fcgov.com) (22­Jan­15) Social Sustainability: This Bill is bare bones in details but establishes a statewide fund for affordable housing purposes and uses document recording fees to fund it. It basically punts to CHFA to work out the details. Still, it is a great idea and I support all potential revenue sources for affordable housing. Support: Fri, January 16, 2015, by jbrewen@fcgov.com (16­Jan­15) The bill will ensure proper ongoing funding for the housing trust fund which is an important financing tool for the complex layering and leveraging of funds needed to develop affordable housing for our community's most vulnerable families. Actively Support: Tue, January 20, 2015, by dtjalkens@fcgov.com (20­Jan­15) SHould create more affordable housing. Monitor/Support: Tue, January 20, 2015, by dtjalkens@fcgov.com (20­Jan­15) Maintain fee waivers for low­income citizens SB15­091 Reduce Statute Of Limitations Construction Defects Comment: LPA pg. 27 Affordable Housing #5, "Amend construction defect laws to reasonably balance safe and reliable housing with needed condominium construction." Position: Monitor Calendar Notification: NOT ON CALENDAR Short Title: Reduce Statute Of Limitations Construction Defects Sponsors: SCOTT Summary: Bill would reduce the period available to file construction defect litigation. Status: 01/14/2015 Introduced In Senate ­ Assigned to State, Veterans, & Military Affairs Fiscal Notes: Fiscal Note Analyze This Comments: Conditionally Support: Thu, January 15, 2015, by lkadrich@fcgov.com (15­Jan­15) building believes that four years may be a better date however 3 years is ok N/A: Thu, January 15, 2015, by lkadrich@fcgov.com (15­Jan­15) it may encourage more affordable types of housing and better meet city goals related to a variety of housing types SB15­092 Multi­agency Review Of State Carbon Emission Plan Comment: LPA pg 19, Climate and Environmental Protection #2, "Establish greenhouse gas (GHG) emission reduction targets." Position: Oppose Calendar Notification: NOT ON CALENDAR Short Title: Multi­agency Review Of State Carbon Emission Plan Sponsors: COOKE Summary: Bill directs development of an emission reduction plan for electric utilities. Status: 01/14/2015 Introduced In Senate ­ Assigned to State, Veterans, & Military Affairs Fiscal Notes: Fiscal Note Analyze This Comments: SB15­093 Compensate Owners Min Interests Extraction Regs Comment: Priority ­ "Support local control of oil and gas operations" Position: Oppose Calendar Notification: Friday, February 20 2015 GENERAL ORDERS ­ SECOND READING OF BILLS (5) in senate calendar. Short Title: Compensate Owners Min Interests Extraction Regs Sponsors: SONNENBERG Summary: Bill would require that a local government enacting a ban or moratorium on fracking compensate mineral rights owners. Status: 02/18/2015 Senate Second Reading Laid Over to 02/20/2015 ­ No Amendments Fiscal Notes: Fiscal Note Analyze This Comments: Oppose: Fri, January 16, 2015, by jstokes@fcgov.com (16­Jan­15) Medium N/A: Fri, January 16, 2015, by jstokes@fcgov.com (16­Jan­15) Could cost millions, but unlikely N/A: Fri, January 16, 2015, by jstokes@fcgov.com (16­Jan­15) This bill would lead to endless disagreements about value and litigation. Does not support local control. SB15­135 Public Bodies & Urban Renewal Comment: LPA pg 6, Priority, "Cooperate with stakeholders on refinement of Urban Renewal Authority laws." Position: Support Calendar Notification: Friday, February 20 2015 GENERAL ORDERS ­ SECOND READING OF BILLS (2) in senate calendar. Short Title: Public Bodies & Urban Renewal Sponsors: MARTINEZ HUMENIK Summary: Bill would allow county commissioners to appoint a non­commissioner to a city's URA Board and ensure funds are returned to underlying taxing entities upon project completion. Status: 02/17/2015 Senate Second Reading Laid Over to 02/20/2015 ­ No Amendments Fiscal Notes: Fiscal Note Analyze This Comments: Neutral: Thu, January 29, 2015, by jvoss@fcgov.com (29­Jan­15) Identify a deadline for returning the moneys remaining, such as 6 months following the end of the 25th year the authority received tax increment revenues. SB15­136 Labeling Of Retail Marijuana Packaging Comment: LPA pg 8, Priorities, "Support marijuana law clarifications and alignment with Colorado Constitution." Position: Monitor Calendar Notification: NOT ON CALENDAR Short Title: Labeling Of Retail Marijuana Packaging Sponsors: HILL / PABON Summary: Bill seeks to place labels and information on marijuana packaging. Labels to include serving size, THC amount in milligrams, and other related information. Status: 01/28/2015 Introduced In Senate ­ Assigned to Health & Human Services Fiscal Notes: Fiscal Note Analyze This Comments: SB15­177 HOA Construction Defect Lawsuit Approval Timelines Comment: LPA pg. 27 Affordable Housing #5, "Amend construction defect laws to reasonably balance safe and reliable housing with needed condominium construction." Position: Calendar Notification: NOT ON CALENDAR Short Title: HOA Construction Defect Lawsuit Approval Timelines Sponsors: SCHEFFEL / DELGROSSO Summary: The bill states that when the governing documents of a common interest community require mediation or arbitration of a construction defect claim and the requirement is later amended or removed, mediation or arbitration is still required for a construction defect claim. These provisions are in section 2 of the bill. Section 2 also specifies that the mediation or arbitration must take place in the judicial district in which the community is located and that the arbitrator must: * Be a neutral third party; * Make certain disclosures before being selected; and * Be selected as specified in the common interest community's governing documents or, if not so specified, in accordance with the uniform arbitration act. Section 1 adds definitions of key terms. Section 3 requires that before a construction defect claim is filed on behalf of the association: * The parties must submit the matter to mediation before a neutral third party; and * The board must give advance notice to all unit owners, together with a disclosure of the projected costs, duration, and financial impact of the construction defect claim, and must obtain the written consent of the owners of units to which at least a majority of the votes in the association are allocated. Section 4 adds to the disclosures required prior to the purchase and sale of property in a common interest community a notice that the community's governing documents may require binding arbitration of certain disputes. Status: 02/10/2015 Introduced In Senate ­ Assigned to Business, Labor, & Technology Fiscal Notes: Analyze This Comments: Support: Fri, February 13, 2015, by sbeckferkiss@fcgov.com (13­Feb­15) This is a matter of high concern to the entire state because between the recession and the current threat of litigation the lack of production of these types of housing is causing stress to the housing system and hurts housing affordability. Support: Fri, February 13, 2015, by sbeckferkiss@fcgov.com (13­Feb­15) Most likely would allow more attached home ownership products to come to the market. Support: Fri, February 13, 2015, by sbeckferkiss@fcgov.com (13­Feb­15) I like the improved notice requirements of this bill. The consumer protection issues cut both ways in that we want to improve the housing stock for true defects and we want owners to understand the effects of pending litigation on their property, its value and the ability to transfer with pending lawsuits. Updated: February 18, 2015 Bill # Short Title Staff Rec'd Position City Adopted 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 HB15‐1003 Fund Safe Routes To School Program Support Support 1/7 Trans HB15‐1007 Local Government Retail Marijuana Taxes Support Oppose unless Amended 1/7 F 2/11 2/19 HB15‐1012 Sales and Use Tax Exemption for Dyed Diesel Monitor Monitor 1/7 F 1/21 Trans 1/28 2/13 2/19 HB15‐1016 Promote Precipitation Harvesting Pilot Program Monitor Monitor 1/7 Ag 2/23 F HB15‐1057 The Statewide Initiative Process Monitor Monitor 1/7 SA HB15‐1073 Driver May Challenge Initial Police Contact Monitor Monitor 1/12 Jud 2/24 HB15‐1077 Modify Late Vehicle Registration Fee Oppose Oppose 1/12 SA 1/28 HB15‐1094 Restorative Justice Council And Pilot Changes Support Support 1/14 Jud 2/10 2/13 2/19 HB15‐1098 Red Light Camera Oppose Oppose 1/15 Trans 2/25 Ap HB15‐1107 Annexation Large Communities Served by Metro Districts Oppose Oppose 1/15 LG HB15‐1119 Local Government Fracking Ban Liable Royalties Oppose Oppose 1/15 SA 2/25 Ap HB15‐1192 Entertainment Dist Expand Licensed Premises Types Monitor Monitor 1/30 BL 2/10 2/13 2/19 HB15‐1202 Alcohol Beverage License Reissuance Support Support 2/3 BL 2/26 HB15‐1204 Distillery Pub Alcohol Beverage License Monitor Monitor 2/3 BL 2/19 HB15‐1206 Sales and Use Tax Refun for Recycling Equipment Support 2/3 BL 2/19 HB15‐1217 Local Gov Input Liquor Sales Room Applications Support 2/10 BL 2/26 HB15‐1230 Innovative Industry Workforce Development Program Support 2/18 BL SB15‐006 Prohibit Forfeitures without Criminal Conviction Oppose unless Amended Monitor 1/7 Jud 2/25 SB15‐018 Repeal Late Vehicle Registration Fee Oppose Oppose 1/7 Trans 1/27 F 2/3 2/18 2/19 SB15‐032 Lift Restrictions On Carrying Of Firearms Oppose Oppose 1/7 Jud 2/2 Ap 2/13 2/18 2/19 SB15‐040 County Auth To Levy Retail Marijuana Sales Tax Oppose unless Amended Oppose 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 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) Committee Abbreviations Ag = agriculture and natural resources committee Ap = appropriations committee Jud = 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 and energy 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) unless Amended 1/7 LG 1/27 F 2/3 SB15‐044 Electric Renewable Energy Standard Reduction Monitor Monitor 1/7 Ag 1/29 2/3 2/4 SA 3/2 SB15‐046 Renewable Energy Std Adjust REAs Distributed Gen Monitor Monitor 1/7 Ag SB15‐076 Dispose Cathode Ray Tubes At Hazardous Waste Sites Oppose Oppose 1/14 Ag SB15‐079 Doc Recording Fee To Fund Affordable Housing Support Monitor 1/14 SA SB15‐081 Use Lottery Money For Recreational Bicycle Trails Monitor Monitor 1/14 F 1/29 SB15‐091 Reduce Statute Of Limitations Construction Defects Support Monitor 1/14 SA SB15‐092 Multi‐agency Review Of State Carbon Emission Plan Oppose Oppose 1/14 SA SB15‐093 Compensate Owners Min Interests Extraction Regs Monitor Oppose 1/14 Ag 2/12 2/20 SB15‐095 Manufactured Home Communities Monitor Monitor 1/14 F 2/3 SB15‐135 Public Bodies and Urban Renewal Support Support 1/28 LG 2/10 2/20 SB15‐136 Labeling of Retail Marijuana Packaging Monitor Monitor 1/28 HE SB15‐177 HOA Construction Defect Lawsuit Approval Timelines Support 2/10 BL City of Fort Collins Legislative Tracking General Assembly Session 2015 First House Second House