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HomeMy WebLinkAboutAgenda - Mail Packet - 5/12/2015 - Legislative Review Committee Agenda - May 12, 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 May 12, 2015, 4:00 p.m. Commons Conference Room 1. Approval of minutes from April 28, 2015 meeting 2. Review Colorado General Assembly Session 3. Other business  June Legislative Lunch discussion  CML Conference – June 16-19, Breckenridge Next meeting: June 23 (Luncheon with state delegation) and July 28 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 April 28, 2015, 4:00 p.m. Commons Conference Room Present: Wade Troxell, Councilmember; Ross Cunniff, Councilmember; Wendy Williams, Assistant City Manager; Ingrid Decker, Senior Assistant City Attorney; Dan Weinheimer, Legislative Policy Manager Absent: None Guests: Kevin Jones, Chamber of Commerce; Dale Adamy, citizen Councilmember Troxell called the meeting to order at 4:16 pm. Adoption of the minutes from the April 14, 2015 meeting were moved for approval by Councilmember Cunniff and seconded by Councilmember Troxell. Minutes were adopted without amendment. Dan described new Colorado General Assembly bills for LRC consideration: HB15-1383 – makes Modifications to the Low-income Housing Tax Credit for the purposes of increasing the construction of affordable housing. The bill extends the number of years, from two to five years, in which Colorado Housing and Finance Authority (CHFA) may allocate low-income housing income tax credits. The bill also allows these income tax credits to be transferred to other taxpayers beginning in tax year 2017. LRC adopted a support position on this bill. HB15-1384 – seeks to provide Funding for Affordable Housing through requiring the state treasurer to transmit one-third of the available balance in the Unclaimed Property Trust Fund to a newly created Affordable Housing Assistance Fund in the Colorado Housing and Finance Authority (CHFA) annually for five years from FY 2015-16 through FY 2019-20. LRC adopted a monitor position. SB15-272 – would Authorize New Transportation Revenue Anticipation Notes (TRANs) and allow bonding up to $3.5 billion in order to fund many of the state’s top highway and large-scale transportation priorities. Included in the proposal is expanding north Interstate 25. LRC adopted a support position. SB15-276 – seeks to require Voter Approval for Use of Red Light Cameras. The bill would require any municipality seeking to use red light cameras to have 2 an election on the issue by the 2016 General Election or face losing its state transportation funding. LRC adopted an oppose position. Dan then provided a status update of bills that the LRC had previously adopted positions on. He noted that to date, the General Assembly has introduced 742 bills, LRC has 66 on its tracker and staff has reviewed countless more bills than on the tracker. The LRC then briefly discussed a June legislative luncheon. Dan shared that all state legislators are able to attend the event and that the lunch will occur that the Gardens at Spring Creek on June 23. The meeting was adjourned at 4:45 pm. Legislative Review Committee Bill Report Legislative Review Committee Bill Report 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: NOT ON 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: 03/26/2015 Governor Signed 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: NOT ON 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: 04/30/2015 House Considered Senate Amendments ­ Result was to Laid Over Daily 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: Wednesday, May 6 2015 THIRD READING OF BILLS ­ FINAL PASSAGE (34) in senate 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: 05/05/2015 Senate Second Reading Special Order ­ Passed ­ No Amendments Fiscal Notes: Fiscal Note Analyze This Comments: HB15­1073 Driver May Challenge Initial Police Contact Comment: Position: Monitor Calendar Notification: NOT ON 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: 04/10/2015 Governor Signed Fiscal Notes: Fiscal Note 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: NOT ON 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: 03/20/2015 Governor Signed 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 Wednesday, May 6 2015 Notification: THIRD READING OF BILLS ­ FINAL PASSAGE (14) in senate 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: 05/06/2015 Senate Third Reading Passed ­ No Amendments 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. HB15­1115 Use Of Unmanned Aerial Vehicles Comment: LPA pg 30, Safe Community Strategic Objective #2, "Optimize the use of technology to drive efficiency, productivity and customer service." Position: Monitor Calendar Notification: NOT ON CALENDAR Short Title: Use Of Unmanned Aerial Vehicles Sponsors: LAWRENCE Summary: This bill expands the definition of first degree criminal trespass to include the intentional use of an unmanned aerial vehicle (drone) to observe, record, transmit, or capture images of another person when that person has a reasonable expectation of privacy. The definition of harassment is also expanded to include using a drone to track a person's movements with the intent to harass, annoy, or alarm that person. These definitions do not apply a peace officer or other government official acting in his or her official capacity. The bill also modifies state law concerning retention of records to include information captured by drones. Status: 05/05/2015 Senate Second Reading Special Order ­ Laid Over with Amendments to 05/07/2015 ­ Committee, Floor Fiscal Notes: Fiscal Note Analyze This Comments: Conditionally Support: Wed, February 25, 2015, by lkadrich@fcgov.com (25­Feb­15) see below N/A: Wed, February 25, 2015, by lkadrich@fcgov.com (25­Feb­15) this bill does not hurt our ability to complete roofing inspections however in the event the techology is used in different types of inspections it may become problematic, in our case we will not be photographing or recording information rather the drone will be in the inspectors eys and therefore they do not have to go in hazardous situation to inspect buildings, construction, etc. i especially see this use in dangerous buildings or after disasters 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: NOT ON 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: 03/26/2015 Governor Signed 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: NOT ON 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: 04/08/2015 Governor Signed 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: NOT ON 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: 04/24/2015 Governor Signed 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. HB15­1217 Local Gov Input Liquor Sales Room Applications 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: NOT ON CALENDAR Short Title: Local Gov Input Liquor Sales Room Applications Sponsors: SINGER Summary: Bill would provide framework for local licensing entity to provide input to state license concerning sales room applications. This would help ensure conformance with local zoning and business density desires. Status: 05/04/2015 Signed by the President of the Senate Fiscal Notes: Fiscal Note Analyze This Comments: Support: Fri, February 20, 2015, by ajensen@fcgov.com (20­Feb­15) This will expand the types of sales rooms local jurisdictions could request needs and desires (such as petitioning and holding hearings). N/A: Fri, February 20, 2015, by ajensen@fcgov.com (20­Feb­15) Ultimately, sales and tap rooms should be treated as a retail license that local authorities have the ability to deny, grant, suspend, or revoke. HB15­1230 Innovative Industry Workforce Development Program Comment: Legislative Priority, "Support the Innovation Economy" Position: Support Calendar Notification: Wednesday, May 6 2015 THIRD READING OF BILLS ­ FINAL PASSAGE (19) in senate calendar. Short Title: Innovative Industry Workforce Development Program Sponsors: LEE / HEATH Summary: Bill would create an internship program cost share related to innovation economy internships and apprenticeships. Status: 05/05/2015 Senate Second Reading Special Order ­ Passed ­ No Amendments Fiscal Notes: Fiscal Note Analyze This Comments: Strongly Support: Wed, February 18, 2015, by jbirks@fcgov.com (18­Feb­15) Medium No Effect: Thu, February 19, 2015, by rrogers@fcgov.com (19­Feb­15) Defer to Economic Health staff on impact. 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 No Effect: Thu, February 19, 2015, by rrogers@fcgov.com (19­Feb­15) Defer to Economic Health staff on impact. Strongly Support: Wed, February 18, 2015, by jbirks@fcgov.com (18­Feb­15) Hard to quantify No Effect: Thu, February 19, 2015, by rrogers@fcgov.com (19­Feb­15) Defer to Economic Health staff on impact. 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 No Effect: Thu, February 19, 2015, by rrogers@fcgov.com (19­Feb­15) Defer to Economic Health staff on impact. HB15­1259 Residential Precipitation Collection Rain Barrels Comment: LPA pg 10, Priority, "Support comprehensive water resource management." Position: Support Calendar Notification: NOT ON CALENDAR Short Title: Residential Precipitation Collection Rain Barrels Sponsors: ESGAR / MERRIFIELD Summary: This bill allows the collection of precipitation from the roof of a home in up to two rain barrels with a combined storage capacity of 100 gallons or less if the following conditions are met: • the building is a single­family residence or a multi­family residence with up to four units; • the precipitation collected is used for outdoor purposes on the residential property where the precipitation is collected, including irrigation of lawns and gardens; and • the precipitation must not be used for drinking water or indoor household purposes. Status: 05/05/2015 Senate Second Reading Special Order ­ Laid Over to 05/07/2015 ­ No Amendments Fiscal Notes: Fiscal Note Analyze This Comments: Monitor: Mon, March 23, 2015, by ddustin@fcgov.com (23­Mar­15) The importance of this bill to the Fort Collins Utilities Water Resources Division is low. Monitor: Mon, March 23, 2015, by ddustin@fcgov.com (23­Mar­15) Fort Collins Utilities water rights could be negatively affected by widespread rain barrel use if it results in reduction of flows in the Poudre River that could reduce flows available under our water rights. However, rain barrel use could reduce overall water demands that could balance a potential reduction in flows available to Utilities water rights. Based on initial analysis, the effects of rain barrels on the City would likely be minor, but more information/study would be needed to assess potential impacts. Monitor: Mon, March 23, 2015, by ddustin@fcgov.com (23­Mar­15) It is difficult to quantify impacts at this time. HB15­1290 Stop Police Interference Cop Incident Recordings Comment: LPA pg 33, Public Safety #5, "Reject initiatives that have the potential to compromise officer safety." Position: Monitor Calendar Notification: NOT ON CALENDAR Short Title: Stop Police Interference Cop Incident Recordings Sponsors: SALAZAR / GUZMAN Summary: Bill would create a private civil right of action against the employer of a peace officer who interferes with, destroys, or retaliates against a person who is lawfully recording an incident involving the peace officer, or when the peace officer intentionally seizes or otherwise obtains the recording without permission. In the action, the person who lawfully recorded the incident is entitled to actual damages, a civil penalty of $15,000, and attorneys fees and costs. Status: 05/01/2015 House Considered Senate Amendments ­ Result was to Concur ­ Repass Fiscal Notes: Fiscal Note Analyze This Comments: HB15­1305 Unlawful Manufacture Marijuana Concentrate Comment: LPA pg 32, Marijuana #1, "Regulate medical and retail marijuana manufacture, distribution and dispensaries." Position: Support Calendar Notification: NOT ON CALENDAR Short Title: Unlawful Manufacture Marijuana Concentrate Sponsors: FOOTE / GRANTHAM Summary: This bill makes it a class 2 drug felony for an unlicensed person to manufacture marijuana concentrate or permit its manufacture using an inherently hazardous substance. The bill defines an "inherently hazardous substance" as a liquid chemical, compressed gas, or commercial product that has a flash point at or lower than 38 degrees Celsius or 100 degrees Fahrenheit, including butane, propane, and diethyl ether, and excluding all forms of alcohol and ethanol. Status: 05/04/2015 Senate Third Reading Passed ­ No Amendments Fiscal Notes: Fiscal Note Analyze This Comments: Strongly Support: Tue, March 24, 2015, by mgebo@fcgov.com (24­Mar­15) high, this seems to cover concerns that Ft Collins has been working on correcting Support: Tue, March 24, 2015, by mgebo@fcgov.com (24­Mar­15) Provides an additional level of oversight HB15­1348 Urban Redevelopment Fairness Act Comment: LPA pg 6, Priority, "Cooperate with stakeholders on refinement of Urban Renewal Authority laws." Position: Oppose Calendar Notification: Wednesday, May 6 2015 THIRD READING OF BILLS ­ FINAL PASSAGE (18) in senate calendar. Short Title: Urban Redevelopment Fairness Act Sponsors: HULLINGHORST / HEATH Summary: Bill seeks to amend URA statute to: Add county, special district and school board rep to URA board, return any money left over after bonds are repaid to underlying taxing entities, and institute a negotiation period of 120 days where afterwards if no agreement is reached a city would need to pledge to a deal an equal percentage of sales tax as the property tax they seek. Status: 05/06/2015 Senate Third Reading Passed ­ No Amendments Fiscal Notes: Fiscal Note Analyze This Comments: Actively Oppose: Tue, April 14, 2015, by jvoss@fcgov.com (14­Apr­15) Medium Actively Oppose: Tue, April 14, 2015, by jvoss@fcgov.com (14­Apr­15) The municipal sales tax proportional relationship will be very difficult to administer. SB15­014 Medical Marijuana Comment: LPA pg 32, Marijuana #1, "Regulate medical and retail marijuana manufacture, distribution and dispensaries." Position: Monitor Calendar Notification: NOT ON CALENDAR Short Title: Medical Marijuana Sponsors: AGUILAR / SINGER Summary: The bill, recommended by the Marijuana Revenues Interim Committee, makes several changes to the regulation of medical marijuana in Colorado. The bill requires the Colorado Medical Board within the Department of Regulatory Agencies (DORA) to adopt rules and establish guidelines for physicians making medical marijuana recommendations for patients suffering from severe pain. The bill also requires the Department of Public Health and Environment (DPHE) to establish guidelines for primary caregivers to help provide informed consent to medical marijuana patients. Informed consent will include information that the products cultivated or produced may contain contaminants and unverified tetrahydrocannabinol (THC) levels. Status: 05/04/2015 Senate Considered House Amendments ­ Result was to Concur ­ Repass 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: 05/01/2015 Governor Signed Fiscal Notes: Fiscal Note Analyze This Comments: SB15­055 Return Of Water From Tail Ditch Comment: Legislative Priority "Support comprehensive water resource management" Position: Support Calendar Notification: NOT ON CALENDAR Short Title: Return Of Water From Tail Ditch Sponsors: HODGE Summary: This bill concerns a proposal to confirm that the operators of an irrigation ditch may deliver excess water from the ditch back to the stream (often called “tail water”) in variable amounts and that the State Engineer may not require that a minimal amount of tail water be delivered back to the stream. Status: 03/26/2015 Governor Signed Fiscal Notes: Fiscal Note Analyze This Comments: Monitor/Support: Thu, February 05, 2015, by ddustin@fcgov.com (05­Feb­15) The importance of this bill to the Fort Collins Utilities Water Resources Division is low. Monitor/Support: Thu, February 05, 2015, by ddustin@fcgov.com (05­Feb­15) Some of Fort Collins Utilities water rights are shares in ditch companies that have tail water. State requirements to maintain historic tail water to the stream could result in higher costs to Utilities. Also, it is not conservation minded to mandate a practice that could be considered wasteful. Monitor/Support: Thu, February 05, 2015, by ddustin@fcgov.com (05­Feb­15) It is difficult to quantify impacts at this time. SB15­115 Sunset Medical Marijuana Programs Comment: LPA pg 32, Marijuana #1, "Regulate medical and retail marijuana manufacture, distribution and dispensaries." Position: Monitor Calendar Notification: Wednesday, May 6 2015 CONFERENCE COMMITTEES TO REPORT (1) in senate calendar. Short Title: Sunset Medical Marijuana Programs Sponsors: HILL / PABON Summary: Bill is a sunset review of medical marijuana laws and seeks to make several changes to current practices. Status: 05/06/2015 Senate Consideration of First Conference Committee Report result was to Adopt Committee Report ­ Repass Fiscal Notes: Fiscal Note Analyze This Comments: SB15­135 Public Bodies & Urban Renewal Comment: LPA pg 6, Priority, "Cooperate with stakeholders on refinement of Urban Renewal Authority laws." Position: Support Calendar Notification: NOT ON 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: 05/05/2015 House Committee on Finance Postpone Indefinitely 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. SB15­183 Quantify Water Rights Historical Consumptive Use Comment: Legislative Priority "Support comprehensive water resource management" Position: Support Calendar Notification: NOT ON CALENDAR Short Title: Quantify Water Rights Historical Consumptive Use Sponsors: HODGE Summary: This bill concerns proposed changes to the legal standards applied to changes of water rights in Water Court. Status: 05/04/2015 Governor Signed Fiscal Notes: Fiscal Note Analyze This Comments: Monitor/Support: Tue, February 24, 2015, by ddustin@fcgov.com (24­Feb­15) Medium ­ Fort Collins still has water rights that will be changed to municipal use and have depended on the historical quantification of those water rights to meet future demands. Support: Mon, March 02, 2015, by Dan Weinheimer (dweinheimer@fcgov.com) (02­Mar­15) Water Resources: SB15­183 is significant for the Utilities because (if passed) the bill would likely limit the State from requantifying water rights that the City owns and is depending on for future use. Currently, the Utilities is hesitant to file a change of use for our Southside Ditch (SSD) rights to include Rigden Reservoir as an alternate point of storage in fear that the State would require requantification of those rights that could reduce the yield of them. Planning our water resources to meet future demands of the Utilities water service area is predicated on the yields of the SSD rights that have already been established. A requantification of our SSD rights could reduce the yields available to us in the future and most likely require additional water supplies to meet future demands. For these reasons, we should be supportive of this bill. Please let me know if you have any additional questions. Monitor/Support: Tue, February 24, 2015, by ddustin@fcgov.com (24­Feb­15) It is hopeful that if the bill passes, it would allow Fort Collins to continue to expect the same historical yield of water rights it has acquired over many years. Monitor/Support: Tue, February 24, 2015, by ddustin@fcgov.com (24­Feb­15) It is hard to quantify the impact of the bill, since without it passing it is hard to quantify what impact it might have on Fort Collins. Support: Thu, February 26, 2015, by dfiggs@fcgov.com (26­Feb­15) The Fort Collins Natural Areas Department (NAD) has taken the lead on providing instream flows through the urban stretch of Fort Collins. One approach underway involves working with the Colorado Water Conservation Board to identify and define an instream flow segment and to quantify the flows necessary to both protect and enhance the natural environment. This process allows NAD to better understand and define stream flows necessary to protect the Poudre and adjacent conserved lands; however acquiring the necessary water portfolio to achieve these flows is difficult at best. Efforts underway focus on finding more innovative ways to keep water in stream and will rely more on cooperative agreements and less on traditional methods. Several water rights within the Poudre River have undergone a quantification of historic consumptive use in a previous change decree. Rarely, however, does the beneficial use include instream flow or other environmental purposes and may require a change in the decree for use in channel. Owners of these water rights will be reluctant to open a previous decree and risk a reduction in the historical consumptive use. SB15­212 Storm Water Facilities Not Injure Water Rights Comment: LPA pg 33, Public Safety #10, "Seek to reduce community flood risks." Position: Support Calendar Notification: Wednesday, May 6 2015 CONFERENCE COMMITTEES TO REPORT (3) in senate calendar. Short Title: Storm Water Facilities Not Injure Water Rights Sponsors: SONNENBERG / WINTER Summary: Bill would create a limited exemption in water law for emergency debris basin structures that mitigate or prevent flash flooding and debris flows associated with post­wildfire areas. Status: 05/06/2015 Senate Consideration of First Conference Committee Report result was to Adopt Committee Report ­ Repass Fiscal Notes: Fiscal Note Analyze This Comments: Support: Mon, March 16, 2015, by Dan Weinheimer (dweinheimer@fcgov.com) (16­Mar­15) Utilities (Fire recovery): We did not have the opportunity to pursue sediment catchment basins after the HPF due to geographical and land ownership constraints, but they still remain a potentially viable and effective option for future fires, including those that occur in the C­BT System. Given the magnitude of impact should debris enter HT reservoir, I think we should advocate to preserve the option to use these temporary catchment systems. Monitor/Support: Mon, March 23, 2015, by ddustin@fcgov.com (23­Mar­15) The importance of this bill to the Fort Collins Utilities Water Resources Division is low. Monitor/Support: Mon, March 23, 2015, by ddustin@fcgov.com (23­Mar­15) Although the detention of storm water can result in reduction of flows in the Poudre River that could reduce flows available under Utilities water rights, the rules expressed in this bill would most likely avoid or minimize those concerns. Since this bill would be advantageous to the Utilities Stormwater Dept., the Water Resources Division is generally supportive. Monitor/Support: Mon, March 23, 2015, by ddustin@fcgov.com (23­Mar­15) Little to no impact. SB15­217 Police Shooting Data Collection Comment: Not explicit in LPA Position: Support Calendar Notification: NOT ON CALENDAR Short Title: Police Shooting Data Collection Sponsors: ROBERTS / WILLIAMS Summary: Bill would require the collection and maintenance of data related to officer­involved shootings. Status: 04/30/2015 House Third Reading Passed ­ No Amendments Fiscal Notes: Fiscal Note Analyze This Comments: SB15­218 Disclose Misrepresentations By Peace Officers Comment: Not explicit in LPA Position: Support Calendar Notification: NOT ON CALENDAR Short Title: Disclose Misrepresentations By Peace Officers Sponsors: ROBERTS / WILLIAMS Summary: This bill requires that a state or local law enforcement agency in Colorado report any incidence of knowing misrepresentation in any affidavits, testimony, or internal investigations by a city­employed peace officer to the district attorney within seven days. Status: 04/29/2015 Senate Considered House Amendments ­ Result was to Pass Fiscal Notes: Fiscal Note Analyze This Comments: SB15­219 Peace Officer Shootings Transparency Measures Comment: Not explicit in LPA Position: Support Calendar Notification: Wednesday, May 6 2015 CONFERENCE COMMITTEES TO REPORT (4) in senate calendar. Short Title: Peace Officer Shootings Transparency Measures Sponsors: COOKE / SALAZAR Summary: Bill seeks to publish information about officer­involved shootings on that jurisdiction's website. Information is to include any related legal status. Status: 05/06/2015 Senate Consideration of First Conference Committee Report result was to Adopt Committee Report ­ Repass Fiscal Notes: Fiscal Note Analyze This Comments: SB15­254 Renewable Energy Std New Solar Extend Date 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: Support Calendar Notification: NOT ON CALENDAR Short Title: Renewable Energy Std New Solar Extend Date Sponsors: GRANTHAM / LEE Summary: Bill would extend the 3­to­1 multiplier applying to each kilowatt­hour of electricity generated from solar electric generation technologies that begin producing electricity on or before December 31, 2016. Status: 05/01/2015 House Third Reading Passed ­ No Amendments Fiscal Notes: Fiscal Note Analyze This Comments: SB15­276 Voter Approval For Use Of Red Light Cameras 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, May 6 2015 THIRD READING OF BILLS ­ FINAL PASSAGE (11) in house calendar. Short Title: Voter Approval For Use Of Red Light Cameras Sponsors: BALMER Summary: Bill would require a municipal election to authorize the use of red light cameras. Status: 05/06/2015 House Third Reading Passed ­ No Amendments Fiscal Notes: Fiscal Note Analyze This Comments: Updated: May 6, 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 4/15 Ap 4/22 4/23 4/27 SA 5/4 HB15‐1007 Local Government Retail Marijuana Taxes Support Support 1/7 F 2/11 4/27 4/28 SA 5/1 HB15‐1012 Sales and Use Tax Exemption for Dyed Diesel Monitor Monitor 1/7 F 1/21 Trans 1/28 2/13 2/19 F 3/5 3/10 3/11 3/26 HB15‐1016 Promote Precipitation Harvesting Pilot Program Monitor Monitor 1/7 Ag 3/2 F 3/19 4/6 4/7 Ag 4/16 Ap 4/24 4/24 4/27 4/30 HB15‐1038 Flexible Water Markets Support 1/7 Ag 2/2 2/9 2/10 Ag 3/5 HB15‐1057 The Statewide Initiative Process Monitor Monitor 1/7 SA 4/20 Lg Cnsl 5/1 5/4 SA 5/5 Ap 5/5 5/5 5/6 HB15‐1073 Driver May Challenge Initial Police Contact Monitor Monitor 1/12 Jud 3/12 3/16 3/17 Jud 3/25 3/30 3/31 4/10 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 Jud 3/2 3/5 3/6 3/20 HB15‐1098 Red Light Camera Oppose Oppose 1/15 Trans 2/25 Ap 4/24 4/30 5/1 SA 5/4 5/5 5/6 HB15‐1107 Annexation Large Communities Served by Metro Districts Oppose Oppose 1/15 LG 2/18 HB15‐1115 Use Of Unmanned Aerial Vehicles Monitor Monitor 1/15 Jud 4/14 4/17 4/21 LG 4/29 5/1 5/7 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 LG 3/3 3/9 3/10 3/26 HB15‐1202 Alcohol Beverage License Reissuance Support Support 2/3 BL 2/26 3/6 3/11 BL 3/17 3/20 3/23 4/8 HB15‐1204 Distillery Pub Alcohol Beverage License Monitor Monitor 2/3 BL 2/25 3/2 3/3 BL 3/16 F 3/19 3/24 3/25 4/10 4/24 HB15‐1206 Sales and Use Tax Refund for Recycling Equipment Support Support 2/3 BL 2/19 F 3/18 HB15‐1217 Local Gov Input Liquor Sales Room Applications Support Support 2/10 BL 2/26 Ap 3/6 3/9 3/10 BL 3/17 Ap 4/17 4/21 4/22 4/27 5/4 HB15‐1230 Innovative Industry Workforce Development Program Support Support 2/17 BL 3/26 Ap 4/10 4/15 4/16 BL 4/29 Ap 5/1 5/5 5/6 HB15‐1236 Tax Credit for Improving Energy Efficiency Support Support 2/19 Trans 3/5 F 4/22 4/29 4/30 F 5/1 HB15‐1257 Elim Penalty To Increase Compliance Cigarette Sale Monitor Monitor 3/3 LG 4/1 F 4/15 4/17 4/21 BL 4/28 HB15‐1259 Residential Precipitation Collection Rain Barrels Support Support 3/4 Ag 3/16 3/20 3/23 Ag 5/5 5/7 HB15‐1264 Homeless Persons' Bill of Rights Oppose Oppose 3/4 SA 4/27 HB15‐1285 Law Enforcement Use of Body‐worn Cameras Support Support 3/17 Jud 3/31 Ap 4/10 4/15 4/17 Jud 4/27 Ap 5/1 5/5 5/6 HB15‐1286 Police Misconduct Court Require Prosecution Monitor Monitor 3/17 Jud 4/2 4/10 4/13 SA 4/23 HB15‐1287 Police Officer Training Improvements Monitor Monitor 3/17 Jud 3/31 Ap 4/10 4/15 4/17 Jud 4/27 Ap 5/4 5/5 5/6 HB15‐1288 Updates to Profiling Prohibition Oppose unless Amended Monitor 3/17 Jud 4/2 4/13 4/14 Jud 4/29 HB15‐1289 Criminal Charges Based on Unlawful Order Oppose Oppose 3/17 Jud 4/2 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 SB15‐006 Prohibit Forfeitures without Criminal Conviction Oppose unless Amended Monitor 1/7 Jud 2/25 SB15‐014 Medical Marijuana Monitor Monitor 1/7 HE 2/26 Ap 4/10 4/14 4/15 Ag 4/27 Ap 5/1 5/1 5/4 5/4 SB15‐018 Repeal Late Vehicle Registration Fee Oppose Oppose 1/7 Trans 1/27 F 2/3 2/18 2/19 SA 3/18 F SB15‐032 Lift Restrictions On Carrying Of Firearms Oppose Oppose 1/7 Jud 2/2 Ap 2/13 2/18 2/19 SA 4/13 SB15‐040 County Auth To Levy Retail Marijuana Sales Tax Oppose unless Amended Oppose 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 3/5 3/10 3/11 Trans 3/25 3/27 3/30 5/1 SB15‐055 Return of Water from Tail Ditch Support Support 1/12 Ag 2/10 2/11 Ag 3/2 3/6 3/9 3/26 SB15‐076 Dispose Cathode Ray Tubes At Hazardous Waste Sites Oppose Oppose 1/14 Ag 4/30 SB15‐079 Doc Recording Fee To Fund Affordable Housing Support Monitor 1/14 SA 3/11 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 3/16 4/9 4/10 SA 4/22 SB15‐092 Multi‐agency Review Of State Carbon Emission Plan Oppose Oppose 1/14 SA 3/4 SB15‐093 Compensate Owners Min Interests Extraction Regs Monitor Oppose 1/14 Ag 2/12 2/20 2/24 SA 3/17 SB15‐095 Manufactured Home Communities Monitor Monitor 1/14 F 2/3 SB15‐115 Sunset Medical Marijuana Programs Monitor Monitor 1/26 F 2/5 Ap 2/13 2/18 2/19 F 4/16 Ap 4/22 4/23 4/27 5/6 SB15‐135 Public Bodies and Urban Renewal Support Support 1/28 LG 2/10 4/20 5/4 F 5/5 SB15‐136 Labeling of Retail Marijuana Packaging Monitor Monitor 1/28 HE 3/25 SB15‐177 HOA Construction Defect Lawsuit Approval Timelines Support Support 2/10 BL 3/18 4/10 4/14 SA 4/27 SB15‐183 Quantify Water Rights Historical Consumptive Use Support Support 2/17 Ag 3/5 3/16 3/17 Ag 4/6 4/10 4/14 4/15 5/4 SB15‐212 Storm Water Facilities Not Injure Water Rights Support Support 3/12 Ag 4/22 4/24 4/27 LG 4/29 4/30 5/1 5/6 SB15‐217 Police Shooting Data Collection Support Support 3/17 Jud 3/25 Ap 4/10 4/14 4/15 LG 4/22 Ap 4/29 4/29 4/30 SB15‐218 Disclose Misrepresentations by Peace Officers Support Support 3/17 Jud 3/25 3/30 3/31 Jud 4/21 4/23 4/27 4/29 SB15‐219 Peace Officer Shootings Transparency Measures Support Support 3/17 Jud 3/25 3/31 4/1 Jud 4/21 4/23 4/27 5/6 SB15‐222 Sales and Use Tax Refund for Rural Broadband Limit Monitor Monitor 3/17 F 4/7 Ap 4/17 4/23 4/24 BL 4/30 Ap 5/5 SB15‐231 Ban Regulatory Agency Firearms & Special Ops Oppose Oppose 3/20 SA 4/13 Ap 4/17 SB15‐254 Renewable Energy Std New Solar Extend Date Support Support 3/27 Ag 4/16 4/20 4/21 Trans 4/30 4/30 5/1 SB15‐272 Auth New Transportation Revenue Anticipation Notes Support Support 4/21 Trans 4/23 4/28 4/30 SA 5/4 SB15‐276 Voter Approval For Use Of Red Light Cameras Oppose Oppose 4/24 BL 4/28 4/30 5/1 Trans 5/5 5/5 5/6 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) HB15‐1290 Stop Police Interference Cop Incident Recordings Monitor Monitor 3/17 Jud 4/14 4/21 4/22 Jud 4/27 4/29 4/30 5/1 5/1 HB15‐1291 Prohibit Peace Officer Use of Chokehold Support Support 3/17 Jud 4/2 4/10 4/13 SA 4/23 HB15‐1296 Campus Sexual Assault Task Force Support Support 3/18 He 4/21 HB15‐1300 Local Government Minimum Wage Monitor Monitor 3/19 SA 3/23 3/30 3/31 SA 4/15 HB15‐1305 Unlawful Manufacture Marijuana Concentrate Support Support 3/23 Jud 4/9 Ap 4/17 4/20 4/21 Jud 4/29 Ap 5/1 5/1 5/4 HB15‐1348 Urban Redevelopment Fairness Act Oppose Oppose 4/10 F 4/15 4/17 4/20 F 5/5 5/5 5/6 HB15‐1383 Modifications Low‐income Housing Tax Credit Monitor Support 4/24 SA 4/29 F 4/30 5/1 5/4 SA 5/4 HB15‐1384 Funding Affordable Housing Monitor Monitor 4/24 SA 4/29 4/30 5/1 SA 5/4 City of Fort Collins Legislative Tracking General Assembly Session 2015 First House Second House