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HomeMy WebLinkAboutAgenda - Mail Packet - 4/5/2016 - Legislative Review Committee Agenda - April 5, 2016City Manager’s Office City Hall 300 LaPorte Ave. PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 - fax fcgov.com Legislative Review Committee Agenda April 5, 2016, 4:00 p.m. Commons Conference Room 1. Approval of minutes from March 22, 2016 meeting 2. Review Colorado General Assembly bills 3. Discuss tax implications for water vs. energy rebates 4. Other business Next meetings: April 19 – Consider canceling or reschedule of May 3 LRC Meeting City Manager’s Office City Hall 300 LaPorte Ave. PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 - fax fcgov.com Legislative Review Committee Agenda Meeting Notes March 22, 2016, 4:00 p.m. Lincoln Center, Canyon West, 417 W. Magnolia Present: Gino Campana, Councilmember; Ross Cunniff, Councilmember; Ray Martinez, Councilmember; Carrie Daggett, City Attorney; Wendy Williams, Assistant City Manager; Dan Weinheimer, Legislative Policy Manager Absent: None Guests: Kevin Jones, Fort Collins Area Chamber of Commerce; Dan Betts, Senator Cory Gardner; Alicia Salz, Intern The meeting came to order at 4:02 pm. Councilmember Martinez moved approval of the February 16, 2016 minutes and Councilmember Cunniff seconded. Minutes were adopted without amendment. Dan reviewed bills from the General Assembly. He shared that to date nearly 620 bills have been introduced.  HB16-1001 is a proposal that would have the State Controller Certify Compliance with Equal Pay Laws. This bill was briefly discussed and LRC decided to keep their current monitor position.  HB16-1067 is a bill to extend the sunset of Regional Transportation Authority to have a Mill Levy. The bill would extend a sunset from2019 to 2029. LRC adopted a monitor position as more information is gathered.  HB16-1070 is a bill requiring Signature Verification in Municipal Mail Ballot Elections. Dan indicated the bill would impact statutory towns and that CML is in support of the changes. LRC kept a monitor position.  HB16-1114 would Repeal Duplicate Reporting Requirements. LRC decided this is a low priority for the city. LRC kept a monitor position.  HB16-1122 would allow the use of Remote Starter Systems. Dan shared that the city recommended position is to oppose due to City air quality goals. LRC also discussed the safety concerns tied with this bill. LRC kept a monitor position.  HB16-1231 pertains to Restricting the Use of Red Light Cameras. LRC discussed that this bill amends existing law on the use of red light cameras, and agreed that this legislation would be too great of a restriction on the cities use of red light cameras. LRC adopted an oppose position. 2  HB16-1263 would enact a Racial Profiling Prohibition. Racial profiling by a peace officer, under current law, is already prohibited; this bill updates the previously used language. LRC kept a monitor position.  HB16-1264 would Ban Law Enforcement Use of Chokehold. Fort Collins Police Services has already banned the use of chokeholds by peace officers. The bill also has an exclusion allowing use of a chokehold in cases where officer life safety is a concern. LRC kept a monitor position.  HB16-1265 is endeavoring to Expunge Arrest Records Based on Mistaken Identity. This bill would require law enforcement agencies to file a petition to expunge the arrest record of a person who was arrested as a result of mistaken identity. LRC adopted an amend position.  HB16-1283 sets new Water Loss Audit Report Performance Standards. LRC determined that, while water audits are beneficial that local control concerns made this proposal unnecessary. Fort Collins Utilities can voluntarily create a more efficient and personalized audit for the community and so LRC adopted an oppose position.  HB16-1355 sets out to Affirm Local Government Siting Authority over Oil and Gas Facilities. LRC agreed that this bill would be helpful to the City for addressing locations of oil and gas facilities and in using local land use authority and adopted a support position.  SB16-003 would create Broadcast Burns Wildfire Risk Reduction Funding. Fort Collins staff highly recommended supporting this bill as it would be a tool to prevent wild fires and minimize the air quality impacts associated with big wildfires so LRC adopted a support position.  SB16-038 which would allow for the Transparency of Community-centered Boards. Dan restated that this would affect only Foothills Gateway within Larimer County. The intent of the bill is to foster greater transparency over the use of taxpayer funds. LRC kept a monitor position.  SB16-075 would allow DNA Collection Misdemeanor Vulnerable Persons. Bill seeks to collect DNA samples for certain additional offenses. LRC kept a monitor position until they received staff comments.  SB16-123 would mandate Free Access to High Occupancy Vehicle Lanes by eliminating the required use of switchable transponders in managed lanes. Staff recommended an oppose position due to the likely impact this proposal would have in funding future highway projects in the state like Interstates 25 and 70. LRC adopted an oppose position.  SB16-124 is proposing to make Machine Tools Sales Tax Exempt Recovered Materials. The bill seeks to foster the recycling industry by making tax exempt certain machinery required to sort and process materials. LRC discussed that the impact this would have is unclear and LRC adopted a monitor position until they receive staff comments.  SB16-144 is a bill regarding CCW Permits for Military Personnel. Dan shared that staff was against this bill for many reasons; the main one being that this bill would lower the permitted age for concealed weapon permitting from 21 to 18 and include automatic qualification for a permit for active duty military personnel and honorably discharged former military. LRC adopted an oppose position. 3 LRC briefly discussed the National League of Cities, Congressional Conference in Washington DC that occurred in March 6-9.  Meetings focused on fixing I-25, and gathering information regarding FASTER and other federal transportation grants.  The group got to meet with Senator Cory Gardner about I-25 and other transportation priorities. City leaders also met with staff from Senator Bennet and Congressman Polis’ offices on transportation and other federal priorities.  They also had a meeting with staff from the City of DC’s Departments of Energy and Environment (DOEE) and Public Works (DPW) regarding their solid waste work to date and bag fee program. The meeting was adjourned at 4:55 pm. Updated: March 30, 2016 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 HB16‐1001 State Contr Certify Compliance With Equal Pay Laws Monitor Monitor 1/13 BL 3/17 3/22 3/24 SA 3/30 HB16‐1002 Employee Leave Attend Child's Academic Activities Support Support 1/13 Ed 1/27 2/3 2/4 SA 3/9 HB16‐1004 Measurable Goals Deadlines CO Climate Action Plan Support Support 1/13 He 2/4 2/8 2/9 Ag 3/30 HB16‐1005 Residential Precipitation Collection Support Support 1/13 Ag 2/22 2/29 3/2 Ag 3/30 HB16‐1006 Clarify Tax Exemptions For Housing Authorities Support Support 1/13 F 2/17 Ap 3/18 3/21 3/22 F 3/31 Ap HB16‐1067 Regional Transportation Authority Mill Levy Monitor Monitor 1/13 LG 2/10 2/16 2/18 Trans 3/8 HB16‐1069 Allow City To Set Housing Auth Commn Term Length Support Support 1/13 LG 1/28 2/1 2/2 LG 2/16 2/19 2/22 2/23 3/9 HB16‐1070 Signature Verification In Mun Mail Ballot Election Monitor Monitor 1/13 SA 2/10 Ap 3/4 3/7 3/8 SA 3/21 Ap 4/1 HB16‐1078 Local Gov Employee Whistleblower Protection Oppose Oppose 1/19 LG 2/3 Ap HB16‐1088 Fire Protection Dist Impact Fee On New Development Support Support 1/19 LG 3/16 3/21 3/22 LG 3/29 HB16‐1092 Authorize Retail Marijuana Special Event Permit Oppose 1/19 He 2/16 HB16‐1114 Repeal Duplicate Reporting Requirements Support Monitor 1/20 BL 3/22 Ap HB16‐1122 Remote Starter Systems Oppose Monitor 1/20 Trans 2/10 2/16 2/18 Trans 3/8 3/11 3/14 3/22 HB16‐1138 General Fund Transfers For State Infrastructure Oppose Monitor 1/20 SA 2/24 HB16‐1141 Radon Exposure in Buildings Support Support 1/21 He 2/9 Ap 3/4 3/7 3/8 He 3/24 Ap HB16‐1143 Prohibit Red Light Cameras Photo Radar Auto ID Sys Oppose Oppose 1/21 SA 3/9 HB16‐1155 Controlled‐access Highway As County Primary Road Oppose Oppose 1/26 LG 3/9 3/16 3/17 Trans 3/31 HB16‐1166 Prohibit Seeking Salary History For Job Applicants Monitor Monitor 1/29 BL 3/17 3/24 3/28 SA 3/30 HB16‐1191 Bill Of Rights For Persons Who Are Homeless Oppose Oppose 2/3 LG 2/24 HB16‐1231 Restricting The Use Of Red Light Cameras Amend Oppose 2/5 Trans 2/24 2/29 3/1 Trans 3/22 3/28 3/29 3/30 HB16‐1262 Law Enforcement Backg'd Check Employment Waiver Support Support 2/12 Jud 3/10 3/16 3/17 Jud 3/28 3/31 HB16‐1263 Racial Profiling Prohibition Monitor Monitor 2/12 Jud 3/10 3/16 3/17 Jud 3/28 3/31 HB16‐1264 Ban Law Enforcement Use Of Chokehold Support Monitor 2/12 Jud 3/10 3/16 3/17 Jud 3/28 3/31 HB16‐1265 Expunge Arrest Records Based On Mistaken Identity Monitor Amend 2/12 Jud 3/10 3/16 3/17 Jud 3/28 3/31 HB16‐1283 Water Loss Audit Report Performance Standards Amend Oppose 3/2 Ag 4/4 HB16‐1314 Treat Preexisting Groundwater Depletions Replaced Oppose 3/2 Ag 4/4 HB16‐1319 Prohibit Coal Rolling In Diesel Vehicles Support Support 3/2 Trans 4/7 HB16‐1332 Alternative Fuel Motor Vehicle Income Tax Credits Monitor 3/2 F 4/13 HB16‐1355 Affirm Local Gov Siting Auth Oil & Gas Facilities Support Support 3/11 SA 3/21 4/4 HB16‐1370 Nicotine Product Retailers Registry Oppose 3/16 BA 4/7 HB16‐1382 Divert Water Piscatorial Aesthetic Beneficial Use Support 3/16 Ag 4/4 Bill # Short Title Staff Rec'd Position 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 SB16‐063 Intergovt Agreement With Out‐of‐state Local Gov Support Support 1/19 LG 2/9 2/12 2/16 LG 3/2 3/7 3/8 3/23 SB16‐067 Broadband Personal Property Tax Exemption Oppose Oppose 1/19 F 3/31 Ap SB16‐075 DNA Collection Misdemeanor Vulnerable Persons Monitor Monitor 1/19 Jud 3/2 F 3/29 SB16‐077 Employment First For Persons With Disabilities Monitor Monitor 1/19 F 3/17 Ap SB16‐080 Marijuana Grows Enclosed Space Requirements Support Support 1/19 BL 2/16 2/24 2/25 F 4/6 SB16‐100 County Road & Bridge Tax Reduction Requirement Support Support 1/29 Trans 3/17 3/22 3/24 SB16‐123 Free Access To High Occupancy Vehicle Lanes Oppose Oppose 2/1 Trans 2/18 3/17 3/18 Trans 4/14 Ap SB16‐124 Machine Tools Sales Tax Exempt Recovered Materials Support Monitor 2/5 F 2/16 Ap 3/11 3/15 3/16 F 4/20 Ap SB16‐129 Neutral Oversight Of Oil And Gas Activities Support Support 2/19 Ag 3/2 SB16‐136 Broadband Deployment Oppose Oppose 3/4 SA 3/16 SB16‐144 CCW Permits For Military Personnel Oppose Oppose 3/4 SA 3/30 SB16‐157 Don’t Implement Clean Power Plan Until Stay Lifted Oppose 3/15 Ag 3/17 3/28 3/29 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) Legislative Review Committee Bill Report Legislative Review Committee Bill Report HB16­1001 State Contr Certify Compliance With Equal Pay Laws Comment: LPA pg 18, Privatization #2, "Maintain local control of the awarding of contracts and the accountability of local officials for those actions." Position: Monitor Calendar Notification: Wednesday, March 30 2016 SENATE STATE, VETERANS, & MILITARY AFFAIRS COMMITTEE 1:30 PM SCR 356 (3) in senate calendar. Short Title: State Contr Certify Compliance With Equal Pay Laws Sponsors: DANIELSON Summary: Bill would require certification of contractors working with the City that those contractors are in compliance with state and federal equal pay standards applicable at the time of the execution of the contract. Status: 03/24/2016 Introduced In Senate ­ Assigned to State, Veterans, & Military Affairs Fiscal Notes: Fiscal Note Analyze This Comments: N/A: Fri, January 15, 2016, by rcochran@fcgov.com (15­Jan­16) Please see the response provided by Jenny Lopez Filkins for information regarding this Bill. N/A: Fri, January 15, 2016, by rcochran@fcgov.com (15­Jan­16) Plese see the response from Jenny Lopez Filkins regarding this proposed Bill. HB16­1004 Measurable Goals Deadlines CO Climate Action Plan Comment: LPA pg 24, Utilities #9, "Establish uniform standards for the reduction of carbon emissions." Position: Support Calendar Notification: Wednesday, March 30 2016 SENATE AGRICULTURE, NATURAL RESOURCES, & ENERGY COMMITTEE Upon Adjournment SCR 354 (1) in senate calendar. Short Title: Measurable Goals Deadlines CO Climate Action Plan Sponsors: WINTER Summary: This bill seeks to include measurable goals in the state's climate action plans. The inclusion of standards and accountability makes it more likely that the state will achieve it's climate goals. Status: 03/04/2016 Introduced In Senate ­ Assigned to Agriculture, Natural Resources, & Energy Fiscal Notes: Fiscal Note Analyze This Comments: HB16­1005 Residential Precipitation Collection Comment: LPA pg 25, Water Supply/Quality #2, "Enact reasonable water quality regulations that are cost effective and can show identifiable benefits." Position: Support Calendar Notification: Wednesday, March 30 2016 SENATE AGRICULTURE, NATURAL RESOURCES, & ENERGY COMMITTEE Upon Adjournment SCR 354 (2) in senate calendar. Short Title: Residential Precipitation Collection Sponsors: ESGAR / MERRIFIELD Summary: Bill would allow single and multi­family homes to own and use up to two rain barrels that would divert rainwater for the use on site. Colorado is the last western state to allow residential rain barrel use ­ this bill appears to be a de minimis diversion of water and appears to be a common­sense water conservation measure. Status: 02/29/2016 House Second Reading Passed with Amendments ­ Committee, Floor Fiscal Notes: Fiscal Note Analyze This Comments: Monitor: Fri, January 22, 2016, by ddustin@fcgov.com (22­Jan­16) The importance of this bill to the Fort Collins Utilities Water Resources Division is low. Monitor: Fri, January 22, 2016, by ddustin@fcgov.com (22­Jan­16) 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: Fri, January 22, 2016, by ddustin@fcgov.com (22­Jan­16) It is difficult to quantify impacts at this time. HB16­1006 Clarify Tax Exemptions For Housing Authorities Comment: LPA pg 12, Affordable Housing #2, "Increase local government’s ability to regulate, manage or generate alternative sources of funding for affordable housing, including public­private partnerships." Position: Support Calendar Notification: Thursday, March 31 2016 SENATE FINANCE COMMITTEE Upon Adjournment LSB­B (3) in senate calendar. Short Title: Clarify Tax Exemptions For Housing Authorities Sponsors: BECKER K. Summary: Bill was sought by Housing Authorities (including Fort Collins') to clarify eligibility for certain tax exemptions. Status: 03/22/2016 Introduced In Senate ­ Assigned to Finance + Appropriations Fiscal Notes: Fiscal Note Analyze This Comments: HB16­1069 Allow City To Set Housing Auth Commn Term Length Comment: LPA pg. 26, Home Rule #1, "Strengthen home rule authority of municipal governments." Position: Support Calendar Notification: NOT ON CALENDAR Short Title: Allow City To Set Housing Auth Commn Term Length Sponsors: RANKIN Summary: CML bill that would allow local government discretion to set the term for housing commission. Status: 03/09/2016 Governor Signed Fiscal Notes: Fiscal Note Analyze This Comments: Neutral: Wed, February 03, 2016, by jbrewen@fcgov.com (03­Feb­16) This bill was in response to issues very small housing authorities say they are having filling their commissioner seats. This is not an issue in FC. Neutral: Wed, February 03, 2016, by jbrewen@fcgov.com (03­Feb­16) It will give the Council the ability to set the Housing Authority Commissioner terms themselves. No Effect: Wed, February 03, 2016, by jbrewen@fcgov.com (03­Feb­16) No effect. Neutral: Wed, February 03, 2016, by jbrewen@fcgov.com (03­Feb­16) While the Fort Collins Housing Authority is neutral on this bill, we do not see that it is an issue for FC, nor do we think it really warrants a legislative fix statewide. The current statute works and the small housing authorities mentioned should be able to work within the current statute HB16­1070 Signature Verification In Mun Mail Ballot Election Comment: Not explicit in LPA Position: Monitor Calendar Notification: Friday, April 1 2016 SENATE APPROPRIATIONS COMMITTEE 8:00 AM LSB­B (1) in senate calendar. Short Title: Signature Verification In Mun Mail Ballot Election Sponsors: NEVILLE P. / NEVILLE T. Summary: For a mail ballot election conducted after March 30, 2018, under the "Colorado Municipal Election Code of 1965", the bill: * Requires election judges to compare a municipal elector's signature on a mail ballot return envelope self­affirmation with one of the elector's digitized signatures stored in the statewide voter registration system, commonly referred to as "SCORE"; * Grants municipal clerks access to SCORE for signature verification purposes; * Authorizes the use of signature verification devices to perform these comparisons; * Describes the procedures for clerks and election judges to follow based on the outcomes of such comparisons; and * Requires municipal clerks to provide training to election judges who compare signatures. Status: 03/21/2016 Senate Committee on State, Veterans, & Military Affairs Refer Unamended to Appropriations Fiscal Notes: Fiscal Note Analyze This Comments: HB16­1078 Local Gov Employee Whistleblower Protection Comment: LPA pg . 28, Sovereign and Governmental Immunity #1, "Protect the interests of municipalities and their officers and employees in the lawful and proper performance of their duties and responsibilities." Position: Oppose Calendar Notification: NOT ON CALENDAR Short Title: Local Gov Employee Whistleblower Protection Sponsors: KAGAN Summary: This legislation would give express authority to a disgruntled employee to initiate a claim against an employer for any action the employee may claim was due to alleging “violation of a state or federal law or local ordinance; a waste or misuse of public funds; fraud; an abuse of authority; mismanagement; or a danger to the health or safety employees or the public.” Status: 02/03/2016 House Committee on Local Government Refer Amended to Appropriations Fiscal Notes: Fiscal Note Analyze This Comments: HB16­1088 Fire Protection Dist Impact Fee On New Development Comment: LPA pg 14, Planning and Land Use #4, "Retain local government authority to impose development impact fees." Position: Support Calendar Notification: NOT ON CALENDAR Short Title: Fire Protection Dist Impact Fee On New Development Sponsors: DORE Summary: Bill would allow fire districts to impose impact fees provided the fees conform to adopted rates and that information is provided in writing to the local governments in their service area. CML is asking that a fire district amend its service plan to reflect the additional revenue. Status: 03/29/2016 Senate Committee on Local Government Refer Amended to Senate Committee of the Whole Fiscal Notes: Fiscal Note Analyze This Comments: HB16­1114 Repeal Duplicate Reporting Requirements Comment: LPA pg 27, Human Resources #1, "Enhance the City’s ability to decide employment issues, including collective bargaining, arbitration, compensation, benefits and leaves." Position: Monitor Calendar Notification: NOT ON CALENDAR Short Title: Repeal Duplicate Reporting Requirements Sponsors: DELGROSSO / ULIBARRI Summary: Bill would remove Colorado requirements that each employer in Colorado satisfy the state that an employee has a verified legal work status. A local employer will still need to complete an I­9 form to satisfy federal employment requirements. Status: 03/22/2016 House Committee on Business Affairs and Labor Refer Amended to Appropriations Fiscal Notes: Fiscal Note Analyze This Comments: Monitor: Thu, March 03, 2016, by jbirks@fcgov.com (03­Mar­16) Low ­ from and Economic Health perspective; no comments from Businesses in recent visits about this bill Support: Sun, March 13, 2016, by jamiller@fcgov.com (13­Mar­16) Medium Support: Sun, March 13, 2016, by jamiller@fcgov.com (13­Mar­16) This Bill will eliminate State documentation required to confirm a new employee's identity and authorization for employment. This verification duplicates the Federal I­9 process which serves the same purpose. HB16­1122 Remote Starter Systems Comment: LPA pg 20, Air Quality #7, "Reduce vehicle emissions by encouraging behavior changes, such as reducing vehicle idling." Position: Monitor Calendar Notification: NOT ON CALENDAR Short Title: Remote Starter Systems Sponsors: EVERETT / HILL Summary: Bill would allow use of remote starters for vehicles to warm up before use. Status: 03/22/2016 Sent to the Governor Fiscal Notes: Fiscal Note Analyze This Comments: Oppose: Fri, January 22, 2016, by lsmith@fcgov.com (22­Jan­16) My suggestion is to oppose ths bill. Allowing vehicles to idle unattended causes increasd air pollution, in direct opposition to our LPA: "Reduce vehicle emissions by: •?Encouraging behavior changes, such as reducing idling of vehicles" Neutral: Thu, February 11, 2016, by mjackson@fcgov.com (11­Feb­16) low priority N/A: Fri, January 22, 2016, by lsmith@fcgov.com (22­Jan­16) Fort Collins is non­attainment for ozone. This bill will hinder efforts to achieve attainment. Neutral: Thu, February 11, 2016, by mjackson@fcgov.com (11­Feb­16) Only possible concern may be encouraging excessive idling, adding to emissions and AQ issues. HB16­1141 Radon Exposure In Buildings Comment: LPA pg 20, Air Quality #2, "Ensure air quality standards are protective of public health and welfare." Position: Support Calendar Notification: NOT ON CALENDAR Short Title: Radon Exposure In Buildings Sponsors: BECKER K. / JAHN Summary: Bill would develop a statewide education program for radon risks and would establish a program to provide financial assistance to low­income individuals for radon mitigation in their homes. Also extends by ten years the state uranium mill tailings remedial action fund, which pays for a program that provides information to the public on uranium mill tailings contamination in residences and commercial buildings. Status: 03/24/2016 Senate Committee on Health & Human Services Refer Unamended to Appropriations Fiscal Notes: Fiscal Note Analyze This Comments: Support: Tue, February 02, 2016, by Dan Weinheimer (dweinheimer@fcgov.com) (02­Feb­16) From Environmental Services: I would definitely support this bill. We did not receive any funds from the Feds this year so hopefully if this comes through, we’ll have additional resources. Radon kits are flying off the shelves. 70% of Fort Collins homes test high and of those that test, only 50% mitigate. We are well on our way to conduct outreach to homes testing high to provide them with additional health and mitigation information. We are also providing materials regarding the Zero Interest Loans. Just recently new state regulations required all Child Care Centers to test for radon. As a courtesy, we have contacted all of the child care listings in Fort Collins to make them aware of the Indoor Air Quality programs and to offer them a radon test kit. Amend: Tue, February 02, 2016, by Dan Weinheimer (dweinheimer@fcgov.com) (02­Feb­16) Colorado Building Officials group: seeking to amend the bill and concern is that this could be an avenue for CDPHE to make radon mitigation adopted and enforced by local gov’t as an unfunded mandate. This should be amended to only establish the assistance program. HB16­1155 Controlled­access Highway As County Primary Road Comment: LPA pg 33, 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, pedestrians and those using mobility aid devices." Position: Oppose Calendar Notification: Thursday, March 31 2016 SENATE TRANSPORTATION COMMITTEE Upon Adjournment SCR 352 (2) in senate calendar. Short Title: Controlled­access Highway As County Primary Road Sponsors: SAINE / SONNENBERG Summary: Bill would give counties the authority to designate any four­lane controlled­access county highway a "primary road" and to grant or deny access to the highway; and the placement of all traffic control signals (unless the municipality obtains the county's approval in writing). Status: 03/17/2016 Introduced In Senate ­ Assigned to Transportation Fiscal Notes: Fiscal Note Analyze This Comments: HB16­1166 Prohibit Seeking Salary History For Job Applicants Comment: LPA pg 27, Human Resources #1, "Enhance the City’s ability to decide employment issues, including collective bargaining, arbitration, compensation, benefits and leaves." Position: Monitor Calendar Notification: Wednesday, March 30 2016 SENATE STATE, VETERANS, & MILITARY AFFAIRS COMMITTEE 1:30 PM SCR 356 (4) in senate calendar. Short Title: Prohibit Seeking Salary History For Job Applicants Sponsors: PETTERSEN / DONOVAN Summary: The bill makes it an unfair employment practice for an employer to seek salary history information, including compensation and benefits, about an applicant for employment. Status: 03/28/2016 Introduced In Senate ­ Assigned to State, Veterans, & Military Affairs Fiscal Notes: Fiscal Note Analyze This Comments: N/A: Tue, March 29, 2016, by jamiller@fcgov.com (29­Mar­16) Medium ­ The City does not currently collect salary history information from applicants. However, supervisors are permitted to ask for this information during the course of the selection process. This bill aligns with City priorities associated with diversity, inclusion and equity as well as with goals identified in the City's Social Sustainability Strategic Plan. N/A: Tue, March 29, 2016, by jamiller@fcgov.com (29­Mar­16) This bill would prohibit the City from requesting or collecting salary history and/or other benefit information from job applicants. While the City does not ask applicants for salary history or benefit information on the employment application, this information may be gathered during the screening process. The information may have historically been used to negotiate an offer or support a candidate's positive job performance history. If passed, hiring managers would need to be trained to not request benefit or salary information from applicants at any point during the selection process. The City may be the subject of allegations of discrimination and would need to demonstrate that it did not request or collect salary or benefit information from an applicant. N/A: Tue, March 29, 2016, by jamiller@fcgov.com (29­Mar­16) Personnel Policy changes would be required. Hiring manager training would be necessary. HB16­1231 Restricting The Use Of Red Light Cameras Comment: LPA pg 31, Public Safety #3, "Maintain or enhance the City’s right to use camera enforcement of traffic laws, reduce operational restrictions on the use of camera enforcement, and increases the fines associated with violations." Position: Oppose Calendar Notification: Wednesday, March 30 2016 CONSIDERATION OF SENATE AMENDMENTS TO HOUSE BILLS (1) in house calendar. Short Title: Restricting The Use Of Red Light Cameras Sponsors: LEBSOCK / CARROLL Summary: This bill, as amended by the Senate Transportation Committee, prohibits the use of an automated vehicle identification system (AVIS), such as photo speed vans and red light cameras, by state and local governments for the purposes of enforcing traffic laws or issuing citations for the violation of traffic laws. An exception is made under the bill for those governmental entities using AVIS to assess tolls and civil penalties on public highways, toll roads and toll highways, and to issue citations for violations related to high occupancy vehicles and high occupancy toll lanes. Status: 03/29/2016 Senate Third Reading Passed ­ No Amendments Fiscal Notes: Fiscal Note Analyze This Comments: Support: Wed, March 02, 2016, by mjackson@fcgov.com (02­Mar­16) Fort Collins makes use of red light cameras. Support: Wed, March 02, 2016, by mjackson@fcgov.com (02­Mar­16) FC's use of red light cameras is currently limited to two high volume arterial/arterial intersections. Our use falls within the parameters of the bill. No Effect: Wed, March 02, 2016, by mjackson@fcgov.com (02­Mar­16) Minimal impact given FC's current use and location of red light cameras. Support: Wed, March 02, 2016, by mjackson@fcgov.com (02­Mar­16) Important to note they are not used for traffic control purposes but for law enforcement. HB16­1262 Law Enforcement Background Check Employment Waiver Comment: LPA pg. 27, Human Resources #1, "Enhance the City’s ability to decide employment issues, including collective bargaining, arbitration, compensation, benefits and leaves." Position: Support Calendar Notification: Thursday, March 31 2016 GENERAL ORDERS ­ SECOND READING OF BILLS ­ CONSENT CALENDAR (4) in senate calendar. Short Title: Law Enforcement Background Check Employment Waiver Sponsors: WILLIAMS / COOKE Summary: Thisbill requires that each candidate for a peace officer position execute a waiver. The waiver allows a hiring state or local law enforcement agency or the Department of Revenue to obtain all records about that candidate from another law enforcement or governmental agency. The hiring agency, including higher education law enforcement agencies, public transit law enforcement agencies, and the Department of Revenue, must submit the waiver to each applicable prior employer at least 21 days before making a decision. A law enforcement agency or government agency must respond to the records request within 21 days of receiving the waiver. Exceptions are provided if the agency is prohibited from providing the disclosure due to a binding nondisclosure agreement to which it is a party, provided that agreement is executed prior to the passage of HB 1262. The state or local law enforcement agency or other government agency is not liable for complying with the waiver requirements or participating in an official oral interview with an investigator regarding the candidate. Status: 03/30/2016 Senate Second Reading Special Order ­ Passed with Amendments ­ Committee Fiscal Notes: Fiscal Note Analyze This Comments: Strongly Support: Thu, February 18, 2016, by jhutto@fcgov.com (18­Feb­16) This bill is important to Fort Collins Police Services. As an organization we welcome the opportunity to demonstrate our integrity in an open and transparent manner. Support: Mon, March 07, 2016, by jschiager@fcgov.com (07­Mar­16) This is the way we do business and it should be required for all agencies to make sure any previous employment history is disclosed prior to making a hiring decision. Strongly Support: Thu, February 18, 2016, by jhutto@fcgov.com (18­Feb­16) For Fort Collins Police Services it will enable us to openly communicate critical information about problematic former employees; communication that may have been restricted in the past. Support: Mon, March 07, 2016, by jschiager@fcgov.com (07­Mar­16) It doesn't change much for us. We already require a waiver and we personally inspect all personnel and internal affairs records prior to hiring. Strongly Support: Thu, February 18, 2016, by jhutto@fcgov.com (18­Feb­16) No fiscal or operational negative impact that I can foresee. Support: Mon, March 07, 2016, by jschiager@fcgov.com (07­Mar­16) It will have an impact on improving law enforcement as a profession and therefore it will have a positive impact on FC. Strongly Support: Thu, February 18, 2016, by jhutto@fcgov.com (18­Feb­16) Legislation such as this is necessary in order to allow me, and other law enforcement professionals, the freedom to communicate critical information about problematic former employees so that they do not surface in another community unbeknownst to those departments. HB16­1263 Racial Profiling Prohibition Comment: LPA pg 32, Public Safety #17, "Promote efforts to reduce conflict between community members and law enforcement." Position: Monitor Calendar Notification: Thursday, March 31 2016 GENERAL ORDERS ­ SECOND READING OF BILLS (4) in senate calendar. Short Title: Racial Profiling Prohibition Sponsors: WILLIAMS / ULIBARRI Summary: This bill modifies the prohibition in current law against racial profiling by law enforcement by changing the definition to include the practice of relying on race, ethnicity, gender, national origin, language, religion, sexual orientation, gender identity, age, or disability (listed characteristics) in determining: • the existence of probable cause to place in custody or arrest an individual or in constituting a reasonable suspicion that an offense has been or is being committed so as to justify the detention of an individual or the investigatory stop of a vehicle; or • the scope, substance, or duration of an investigation or law enforcement activity to which a person will be subjected. In addition, the bill clarifies that a peace officer may use age when making law enforcement decisions if the peace officer is investigating a juvenile status offense. Status: 03/30/2016 Senate Second Reading Special Order ­ Passed with Amendments ­ Committee Fiscal Notes: Fiscal Note Analyze This Comments: Neutral: Mon, March 07, 2016, by jschiager@fcgov.com (07­Mar­16) This bill makes sense because police officers should not make any "official" decisions based on the identifiers described in the bill. It expands the identifiers and includes more gender preference language, which makes sense to me. The problem with this type of bill, and the reason I have a hard time supporting it fully is that it is difficult to enforce and allegations can be made that are nearly impossible to prove. I have investigated some of these claims before, and absent some very strong evidence or pattern of behavior it simply cannot be proven why a police officer took the actions s/he did and whether there may be some prejudice at play. As a policy statement I support this bill, but as a practical matter it will not add much value to the industry. Neutral: Mon, March 07, 2016, by jschiager@fcgov.com (07­Mar­16) Potentially more allegations against police officers that are nearly impossible to prove or disprove. I do not think this bill will change the actions of our police officers, because I believe they already treat people fairly and respectfully regardless of the identifiers listed in this bill. Neutral: Mon, March 07, 2016, by jschiager@fcgov.com (07­Mar­16) Minimal impact HB16­1264 Ban Law Enforcement Use Of Chokehold Comment: LPA pg 32, Public Safety #17, "Promote efforts to reduce conflict between community members and law enforcement." Position: Monitor Calendar Notification: Thursday, March 31 2016 GENERAL ORDERS ­ SECOND READING OF BILLS (5) in senate calendar. Short Title: Ban Law Enforcement Use Of Chokehold Sponsors: MELTON Summary: The bill clarifies that a peace officer may only use a chokehold when he or she reasonably believes that it is necessary to defend himself or herself or a third party is in imminent danger of death or serious bodily injury or to effect an arrest or prevent escape under certain conditions. These conditions include when the peace officer has a reasonable belief that the other person has committed or attempted a felony involving or threatening the use of a deadly weapon; is attempting to escape by the use of deadly force; or indicates, except through a motor vehicle, that he or she is likely to endanger human life or inflict serious bodily injury unless he or she is apprehended without delay. Status: 03/28/2016 Senate Committee on Judiciary Refer Amended to Senate Committee of the Whole Fiscal Notes: Fiscal Note Analyze This Comments: Support: Mon, March 07, 2016, by jschiager@fcgov.com (07­Mar­16) FCPS has not allowed choke holds or 25 years. This bill does recognize that in a life threatening situation, unusual or otherwise prohibited actions may be necessary to save the officer's life. Support: Mon, March 07, 2016, by jschiager@fcgov.com (07­Mar­16) Minimal. We haven't allowed choke holds for 25 years. Support: Mon, March 07, 2016, by jschiager@fcgov.com (07­Mar­16) Minimal. We haven't allowed choke holds for 25 years. HB16­1265 Expunge Arrest Records Based On Mistaken Identity Comment: LPA pg 32, Public Safety #17, "Promote efforts to reduce conflict between community members and law enforcement." Position: Amend Calendar Notification: Thursday, March 31 2016 GENERAL ORDERS ­ SECOND READING OF BILLS ­ CONSENT CALENDAR (5) in senate calendar. Short Title: Expunge Arrest Records Based On Mistaken Identity Sponsors: MELTON Summary: This bill requires the court to expunge the arrest and criminal records of a person who was arrested as a result of mistaken identity and who did not have charges filed against him or her. Law enforcement agencies are required to petition the relevant court within 90 days of completing an investigation that determines there was a mistaken identity and no charges were filed. The court then has 90 days to expunge the record and order other agencies that have custody of such records to do the same. Under the bill, the petitioner is responsible for providing copies of the order to the Colorado Bureau of Investigation (CBI) and any other agencies that have custody of records. In the case of a private custodian, the petitioner must also send the notice electronically. After the records are expunged, the court may issue an order sealing the civil case. Status: 03/30/2016 Senate Second Reading Special Order ­ Passed ­ No Amendments Fiscal Note Fiscal Notes: Fiscal Note Analyze This Comments: Oppose: Mon, March 07, 2016, by jschiager@fcgov.com (07­Mar­16) I believe there are already ways for a defendant to get his or her records expunged. It may not always be clear if someone has been arrested based on mistaken identity, and I do not think it should be the responsibility of the police department to start this process. It should be a court process initiated by the defendant. Oppose: Mon, March 07, 2016, by jschiager@fcgov.com (07­Mar­16) I'm not sure how many of our cases would fall into this category, probably a very small number, but having the responsibility to recognize this situation and initiate this process is unreasonable. The defendant has the ability to make this argument. Possibly we should have a law that pays the defendant back for attorney fees if they are successful in expunging their record based on a mistaken identity, Oppose: Mon, March 07, 2016, by jschiager@fcgov.com (07­Mar­16) Potential liability if we do not properly initiate this process or if the facts are ultimately unclear. HB16­1283 Water Loss Audit Report Performance Standards Comment: LPA pg 19, Environmental Health #8, "Protect and monitor water quality, and implement appropriate conservation efforts and long­term water storage capability." Position: Oppose Calendar Notification: Monday, April 4 2016 Agriculture, Livestock, & Natural Resources 1:30 p.m. Room 0107 (3) in house calendar. Short Title: Water Loss Audit Report Performance Standards Sponsors: BECKER K. Summary: This bill would require a "covered entity" (which is a public entity that supplies at least 2,000 acre­feet of water per year to its customers) to submit a completed and validated water loss audit report to the Colorado Water Conservation Board. Status: 03/07/2016 House Committee on Agriculture, Livestock, & Natural Resources Lay Over Unamended ­ Amendment(s) Failed Fiscal Notes: Fiscal Note Analyze This Comments: N/A: Wed, March 02, 2016, by redavis@fcgov.com (02­Mar­16) Medium. Oppose: Wed, March 02, 2016, by tdemint@poudre­fire.org (02­Mar­16) It is important to the PFA in that it could possibly require meters on fire protection systems that are existing as well as new. Those on existing systems could possibly result in those systems not meeting the engineering specifications necessary to protect life and property without redesigning the system creating unnecessary expense. Amend: Wed, March 02, 2016, by jhaukaas@fcgov.com (02­Mar­16) Page 5, Line 4 states “up to the point of customer metering” Fire lines are not metered and therefore the bill doesn’t address an endpoint. We would suggest “up to the point of customer metering or fire line connection” Monitor: Mon, March 07, 2016, by ddustin@fcgov.com (07­Mar­16) The importance of this bill to the Fort Collins Utilities Water Resources Division is low. N/A: Wed, March 02, 2016, by redavis@fcgov.com (02­Mar­16) The impact to Fort Collins would be positive. Positive outcomes include a better understating of where treated water is delivered. This can lead to co­benefits such as cost­effective leak reduction as well as full recovering revenue full revenue from water deliveries. This revenue recovery aspect focuses on meter inaccuracies and theft. This means that all customers pay for what they use and reduces instances of theft or under billing which may distribute costs unfairly among water customers. Oppose: Wed, March 02, 2016, by tdemint@poudre­fire.org (02­Mar­16) As above Monitor: Mon, March 07, 2016, by ddustin@fcgov.com (07­Mar­16) This bill may provide for water savings from information found from the audits, which is generally good for increasing available supplies. Although reducing the amount of losses could be used against the City with some of its conditional water rights, the benefits of the water savings may outweigh the potential negative impacts. N/A: Wed, March 02, 2016, by redavis@fcgov.com (02­Mar­16) The audit itself is an effort to quantity benefits and costs. It has the possibility of being revue positive for the utility which can help maintain low water delivery costs. Oppose: Wed, March 02, 2016, by tdemint@poudre­fire.org (02­Mar­16) The impacts are broad. This could result in having to hire additional inspectors and personnel for ensuring that the proper measures are taken on fire protection systems to meet the intent of the legislation and that the fire protection systems remain effective. Monitor: Mon, March 07, 2016, by ddustin@fcgov.com (07­Mar­16) It is difficult to quantify impacts at this time. N/A: Wed, March 02, 2016, by redavis@fcgov.com (02­Mar­16) Water loss accounting is an important action that can benefit water utilities in terms of both revenue and water conservation and as such, I believe we should support this bill. This is also a chance for Fort Collins to lead. We can lead by example in doing auditing as well as lead by encouraging other utilities by supporting this legislation. HB16­1314 Treat Preexisting Groundwater Depletions Replaced Comment: LPA pg 25, Water Supply and Quality #9, "Enable the City to develop and protect its water supply under Colorado’s appropriation doctrine without adversely affecting in­stream flows or the natural environment of the stream." Position: Calendar Notification: Monday, April 4 2016 Agriculture, Livestock, & Natural Resources 1:30 p.m. Room 0107 (2) in house calendar. Short Title: Treat Preexisting Groundwater Depletions Replaced Sponsors: SAINE / MARBLE Summary: Bill would statutorily determine that all out of priority groundwater depletions in Division 1 shall be deemed to be fully replaced, regardless of whether any decree states otherwise Status: 03/02/2016 Introduced In House ­ Assigned to Agriculture, Livestock, & Natural Resources Fiscal Notes: Fiscal Note Analyze This Comments: Oppose: Mon, March 07, 2016, by ddustin@fcgov.com (07­Mar­16) The importance of this bill to the Fort Collins Utilities Water Resources Division is medium. Oppose: Mon, March 07, 2016, by ddustin@fcgov.com (07­Mar­16) The Fort Collins Utilities Water Resources Division could be negatively impacted by the actions of the bill by foregoing well augmentations that could ultimately result in reduced yields of the City's various water rights. Oppose: Mon, March 07, 2016, by ddustin@fcgov.com (07­Mar­16) It is difficult to quantify impacts at this time, but it is likely they would be negative. HB16­1319 Prohibit Coal Rolling In Diesel Vehicles Comment: LPA pg 20, Air Quality #9, "Strengthen tailpipe emissions and fuel economy standards for all vehicles including reducing the impact of “rolling coal” and nitrous oxide emissions." Position: Strongly Support Calendar Thursday, April 7 2016 Notification: Transportation & Energy Upon Adjournment Room 0112 (1) in house calendar. Short Title: Prohibit Coal Rolling In Diesel Vehicles Sponsors: GINAL Summary: This bill prohibits "coal rolling", or "rolling coal". Status: 03/02/2016 Introduced In House ­ Assigned to Transportation & Energy Fiscal Notes: Fiscal Note Analyze This Comments: Support: Thu, March 03, 2016, by mjackson@fcgov.com (03­Mar­16) This has been an important issue for FC citizens. Would consider it medium to high for our community. Strongly Support: Thu, March 03, 2016, by lex@fcgov.com (03­Mar­16) This is an important bill that directly affects the quality of life of Fort Collins' residents, and especially the localized air quality that they breathe in. From discussions with Police Services, they also find that this solution is something that is enforceable, which is critical to addressing the issue. Actively Support: Tue, March 08, 2016, by chorton@fcgov.com (08­Mar­16) Police Services is the driver for Rep. Ginal's bill. Police officers will have a valuable tool with this legislation to address the growing problem of black smoke from diesel trucks. Support: Thu, March 03, 2016, by mjackson@fcgov.com (03­Mar­16) Not really a transportation so much as an enforcement issue. that being said, harrassment of bikes and peds should not be tolerated. Strongly Support: Thu, March 03, 2016, by lex@fcgov.com (03­Mar­16) Air quality continues to be a high priority for our residents. and the City places a high priority on multi­modal transportation opportunities, e.g., biking, walking, etc. Rolling coal tends to disproportionately affect our residents walking and biking as the smoke is emitted from a vehicle. It's important that an enforceable option is developed to address this community concern. Actively Support: Tue, March 08, 2016, by chorton@fcgov.com (08­Mar­16) This bill combats two issues. One is the nuisance of the smoke together with the harassing behavior associated with the purposeful emission of the smoke. The second is the environmental impact the smoke/soot is surely have on our air quality. The driver's who are convicted of this offense will have a reasonable fine and a two point violation on their driver's license, which is a valuable deterrent to future behavior. N/A: Tue, March 22, 2016, by lsmith@fcgov.com (22­Mar­16) If effective, the bill would make it illegal to "roll coal' which will reduce safety and health risks to motorists, pedestrians and bicyclists in Fort Collins. Support: Thu, March 03, 2016, by mjackson@fcgov.com (03­Mar­16) Would have a positive impact (hopefully) particularly in the Downtown/Midtown FC areas Actively Support: Tue, March 08, 2016, by chorton@fcgov.com (08­Mar­16) There will be a modest positive impact to the General Fund and an equally positive impact to the Traffic Surcharge Fund. The number and frequency of these violations will certainly decrease, which will be particularly evident to people enjoying Oldtown Fort Collins and also on South College Avenue on weekend nights, when the behavior seems to be more evident. Support: Thu, March 03, 2016, by mjackson@fcgov.com (03­Mar­16) Personal opinion: the more tools in the law enforcement toolbox to address this behavior, the better. Seems like there isn't a lot Police can use right now. Actively Support: Tue, March 08, 2016, by chorton@fcgov.com (08­Mar­16) Rep. Ginal proposed this legislation at our behest, with the understanding that the City would be supportive of the effort. She has been very accommodating of our input on changes to the scope of the bill and suggestions for language changes. N/A: Tue, March 22, 2016, by lsmith@fcgov.com (22­Mar­16) this Bill is supported by the City’s AQ policies (Policy ENV 8.2 – Focus on Priority Air Pollutants...fine particulates is a high priority pollutant in FC) and LPA: The City’s Air Quality Plan establishes a strong overall goal to “continually improve Fort Collins air quality.” Therefore, the City supports the following policy statements: • Adopt programs and policies that improve public health and air quality. • Enhance local government authority to improve air quality beyond minimum State or Federal requirements. • Provide authority for local governments to implement vehicle emissions reductions programs. (I noticed that Section 42­2­127 changed from “Tampering with emissions control” in the draft bill to “Coal rolling “ in the final bill, and I assume that is because it would be more enforceable by traffic officers with this language. HB16­1332 Alternative Fuel Motor Vehicle Income Tax Credits Comment: LPA pg 20, Air Quality #7, "Reduce vehicle emissions by employing economic incentives, disincentives and other market approaches that support clean air." Position: Calendar Notification: Wednesday, April 13 2016 Finance 1:30 p.m. Room LSB­A (2) in house calendar. Short Title: Alternative Fuel Motor Vehicle Income Tax Credits Sponsors: DURAN / SCOTT Summary: This legislation simplifies the existing state tax credits to make them easier to understand by eliminating complex calculations. Tax credits with fixed values are easier for consumers to understand, better for dealers to advertise, clearer for Department of Revenue to administer, and more equitable for alternative fuel vehicles with different prices. Status: 03/02/2016 Introduced In House ­ Assigned to Finance Fiscal Notes: Fiscal Note Analyze This Comments: HB16­1355 Affirm Local Gov Siting Auth Oil & Gas Facilities Comment: LPA pg 22, Oil & Gas #5, "Allow greater local regulation of oil and gas exploration activities within municipal boundaries." Position: Support Calendar Notification: Monday, April 4 2016 GENERAL ORDERS ­ SECOND READING OF BILLS (1) in house calendar. Short Title: Affirm Local Gov Siting Auth Oil & Gas Facilities Sponsors: FOOTE / ULIBARRI Summary: This bill is meant to clarify that local governments have the authority to site oil and gas operations. Status: 03/21/2016 House Committee on State, Veterans, & Military Affairs Refer Amended to House Committee of the Whole Fiscal Notes: Fiscal Note Analyze This Comments: N/A: Tue, March 15, 2016, by mjackson@fcgov.com (15­Mar­16) No comments from a Transportation perspective N/A: Tue, March 15, 2016, by mjackson@fcgov.com (15­Mar­16) No comments from a Transportation perspective N/A: Tue, March 15, 2016, by mjackson@fcgov.com (15­Mar­16) No comments from a Transportation perspective N/A: Tue, March 15, 2016, by mjackson@fcgov.com (15­Mar­16) No comments from a Transportation perspective N/A: Tue, March 15, 2016, by lkadrich@fcgov.com (15­Mar­16) it appears this would give local land use authority to cities and counties and that is something Council and citizens have advocated for; although this would be limited to facilities HB16­1370 Nicotine Product Retailers Registry Comment: LPA pg 18, Finance #5, "Maintain or increase the City's revenue base (sales, use and property taxes)." Position: Calendar Notification: Thursday, April 7 2016 Business Affairs and Labor 1:30 p.m. Room LSB­A (4) in house calendar. Short Title: Nicotine Product Retailers Registry Sponsors: SINGER / COOKE Summary: There is not currently a comprehensive list of retailers in the state that sell cigarettes, tobacco products, or nicotine products (retailers). Commencing in 2017, section 2 of the bill requires retailers to register with the liquor enforcement division in the department of revenue (division). The division is required to keep a retailer's registration information confidential. The division is authorized to impose a $500 fine on a retailer that fails to register with the division. Section 1 increases the appropriation to the division from the tobacco education programs fund, which fund consists of 16% of the money collected from cigarette and tobacco taxes, from $350,000 to $500,000 and directs the division to use up to $150,000 of the money for the administration of the retailers registry. Section 3 applies the hearing procedures established for other nicotine product sales violations to violations of the requirement that a retailer register with the division. Section 4 increases the civil penalties a retailer would face for violating the prohibitions against selling cigarettes, tobacco products, or nicotine products to minors or selling individual cigarettes, a pack of cigarettes containing fewer than twenty cigarettes, or roll­your­own tobacco in a package containing less than 0.60 ounces of tobacco. From state cigarette tax money, the state currently apportions 27% to cities, towns, and counties (local governments) in proportion to the amount of state sales tax revenues collected within the boundaries of the local governments. A local government is prohibited from receiving its allocation of this money if it imposes its own fees, licenses, or taxes on cigarette sales. Section 5 expands the arrangement to cover other tobacco product tax revenues and to prohibit a local government from receiving its allocation of the money if the local government imposes its own fees, licenses, or taxes on tobacco product or nicotine product sales. Under current law, if a tobacco product distributor ships or transports tobacco products to a consumer outside of the state between September 1, 2015, and September 1, 2018, and reports and pays the taxes on those tobacco products, the department of revenue may credit the tax to the distributor. Section 6 modifies that tax credit provision to apply indefinitely. Status: 03/16/2016 Introduced In House ­ Assigned to Business Affairs and Labor Fiscal Notes: Analyze This Comments: HB16­1382 Divert Water Piscatorial Aesthetic Beneficial Use Comment: LPA pg 25, #2, "Enact reasonable water quality regulations that are cost effective and can show identifiable benefits." Position: Calendar Notification: Monday, April 4 2016 Agriculture, Livestock, & Natural Resources 1:30 p.m. Room 0107 (4) in house calendar. Short Title: Divert Water Piscatorial Aesthetic Beneficial Use Sponsors: BECKER K. Summary: This bill would confirm the lawfulness of the aesthetic, recreation, and piscatorial uses of some of the City’s water rights and mitigate uncertainty regarding those uses that was raised in a recent Colorado Supreme Court case. This bill would also provide the City with more flexibility on projects in and along the Poudre River associated with the use of water for aesthetic, recreation, and piscatorial purposes. I recommend that the City support this bill. Status: 03/16/2016 Introduced In House ­ Assigned to Agriculture, Livestock, & Natural Resources Fiscal Notes: Analyze This Comments: Support: Thu, March 24, 2016, by dfiggs@fcgov.com (24­Mar­16) This bill allows flexibility in acquiring new water rights or changing existing water rights for aesthetic, recreation and piscatorial uses. This flexibility is needed to help reach ecological and environmental goals within natural areas and along the Cache la Poudre River. Strongly Support: Thu, March 24, 2016, by ddustin@fcgov.com (24­Mar­16) The importance of this bill to the Fort Collins Utilities Water Resources Division is high. Support: Thu, March 24, 2016, by dfiggs@fcgov.com (24­Mar­16) This bill will confirm previous claimed rights of aesthetic, recreation, and piscatorial uses and allow for new change cases to claim these uses. Strongly Support: Thu, March 24, 2016, by ddustin@fcgov.com (24­Mar­16) The Fort Collins Utilities Water Resources Division supports this bill because it maintains flexibility in using the City's various water rights, many of which already have decreed uses this bill supports (which might be in question without this bill). Without this bill, Utilities would struggle meeting potential mitigation requirements for the proposed Halligan Water Supply Project. The City has policies around improving the health of the Poudre River, which would be more difficult without this bill. Support: Thu, March 24, 2016, by dfiggs@fcgov.com (24­Mar­16) The City has water rights that include the uses included in this Bill. Passage of this bill will confirm the uses. Strongly Support: Thu, March 24, 2016, by ddustin@fcgov.com (24­Mar­16) The impacts could be significantly negative if this bill is not passed, as it could greatly hinder the City's ability to use it's water rights to meet City policies and potential environmental mitigation requirements for future water supply projects. SB16­003 Broadcast Burns Wildfire Risk Reduction Funding Comment: LPA pg 32, Public Safety #16, "Increasing state, regional and local disaster resilience." Position: Support Calendar Notification: NOT ON CALENDAR Short Title: Broadcast Burns Wildfire Risk Reduction Funding Sponsors: ROBERTS / BECKER K. Summary: This bill would allow broadcast burns, this could serve as an additional tool to reduce wildfires. Status: 02/08/2016 Senate Committee on Judiciary Refer Unamended to Appropriations Fiscal Notes: Fiscal Note Analyze This Comments: Strongly Support: Fri, February 05, 2016, by lsmith@fcgov.com (05­Feb­16) It is important: High. Broadcast burning is an important tool locally. While Natural Areas does little broadcast burning in the name of fuels reduction, it is an important tool for our cooperators in Larimer County. Natural Areas staff anticiaptes most (if not all) of this additional funding will either go to state agencies or be administered through a competitive grant process. N/A: Fri, February 05, 2016, by lsmith@fcgov.com (05­Feb­16) Risk to Fort Collins from wildfire smoke was identified as one of the two top risks from climate change to that needs to be addressed (along with extreme heat events). Although prescribed fire does release air pollution, this bill provides more tools and resources to proactively conduct fuels management and likely reduce risks from wildfire smoke. N/A: Fri, February 05, 2016, by lsmith@fcgov.com (05­Feb­16) Efforts by land managers to reduce wildfire in our state will impact Fort Collins citizens positively. The positive impact would most likely affect our cooperators in Larimer County. Strongly Support: Fri, February 05, 2016, by lsmith@fcgov.com (05­Feb­16) Environmental Services and Natural Areas can support or strongly support this bill. SB16­012 Time To Reconstruct Residential Improvements Comment: LPA pg 32, Public Safety #16, "Increasing state, regional and local disaster resilience." Position: Monitor Calendar Notification: NOT ON CALENDAR Short Title: Time To Reconstruct Residential Improvements Sponsors: HEATH / SINGER Summary: This bill allows residential property to maintain its property tax classification for an indefinite period of time if the county assessor determines the property owner is making a good faith effort to rebuild an improvement destroyed by a natural disaster. A residential improvement is a home or other structure that has been built on residential property. Under current law, the property can maintain its residential classification for up to four years after the improvement has been destroyed if, in the assessor's judgement, the owner intends to repair or replace the structure. Status: 03/17/2016 House Third Reading Passed ­ No Amendments Fiscal Notes: Fiscal Note Analyze This Comments: N/A: Tue, March 29, 2016, by lkadrich@fcgov.com (29­Mar­16) medium N/A: Tue, March 29, 2016, by lkadrich@fcgov.com (29­Mar­16) may be helpful in a disaster situation although more likely we would comply with existing timeframe N/A: Tue, March 29, 2016, by lkadrich@fcgov.com (29­Mar­16) would be helpful to landlords especially those with multiple properties in the event of a widespread property loss SB16­038 Transparency Of Community­centered Boards Comment: Not explicit in LPA Position: Monitor Calendar Notification: Wednesday, March 30 2016 SENATE STATE, VETERANS, & MILITARY AFFAIRS COMMITTEE 1:30 PM SCR 356 (2) in senate calendar. Short Title: Transparency Of Community­centered Boards Sponsors: AGUILAR / YOUNG Summary: Bill would increase transparency of community­centered boards (CCB) through a regular state audit and compliance with the local government audit law. In Larimer County, Foothills Gateway is a CCB. Status: 02/01/2016 Senate Committee on State, Veterans, & Military Affairs Witness Testimony and/or Committee Discussion Only Fiscal Notes: Fiscal Note Analyze This Comments: SB16­063 Intergovt Agreement With Out­of­state Local Gov Comment: LPA pg 32, Public Safety #16, "Increasing state, regional and local disaster resilience." Position: Support Calendar Notification: NOT ON CALENDAR Short Title: Intergovt Agreement With Out­of­state Local Gov Sponsors: ROBERTS / VIGIL Summary: Bill would allow agreement between municipalities and out­of­state partners for emergency services. Status: 03/23/2016 Governor Signed Fiscal Notes: Fiscal Note Analyze This Comments: SB16­067 Broadband Personal Property Tax Exemption Comment: LPA pg 18, Finance #3, "Promote the equitable treatment of sales and use taxes to residents and corporations residing or doing business in Colorado by limiting exemptions." Position: Oppose Calendar Notification: Thursday, March 31 2016 SENATE FINANCE COMMITTEE Upon Adjournment LSB­B (2) in senate calendar. Short Title: Broadband Personal Property Tax Exemption Sponsors: SCHEFFEL / WILLIAMS Summary: Bill creates a state Business Personal Property Tax exemption for broadband equipment. Does not specify new equipment or expansion of existing service. Status: 01/19/2016 Introduced In Senate ­ Assigned to Finance + Appropriations Fiscal Notes: Analyze This Comments: N/A: Mon, February 15, 2016, by rrogers@fcgov.com (15­Feb­16) Since property tax is the purview of the County, we are not certain what if any broadband assets and property tax revenue may/could be impacted. SB16­075 DNA Collection Misdemeanor Vulnerable Persons Comment: LPA pg 31, Public Safety #2, "Provide greater protection to victims of crime." Position: Monitor Calendar Notification: NOT ON CALENDAR Short Title: DNA Collection Misdemeanor Vulnerable Persons Sponsors: JOHNSTON / LAWRENCE Summary: Bill seeks to collect DNA samples for certain additional offenses. Status: 03/29/2016 Senate Committee on Finance Postpone Indefinitely Fiscal Notes: Fiscal Note Analyze This Comments: SB16­077 Employment First For Persons With Disabilities Comment: LPA pg 14, Social Sustainability #6, "Provide reasonable accommodation and expand access for special populations, including individuals with disabilities, seniors, at­risk youth, people with mental health needs, and households needing affordable childcare." Position: Monitor Calendar Notification: NOT ON CALENDAR Short Title: Employment First For Persons With Disabilities Sponsors: KEFALAS / GINAL Summary: Bill seeks to direct the state to develop an employment first model for individuals with disabilities. Status: 03/17/2016 Senate Committee on Finance Refer Amended to Appropriations Fiscal Notes: Fiscal Note Analyze This Comments: SB16­080 Marijuana Grows Enclosed Space Requirements Comment: LPA pg 31, Marijuana #1, "Regulate medical and retail marijuana manufacturing, distribution and dispensaries." Position: Support Calendar Notification: Wednesday, April 6 2016 Finance 1:30 p.m. Room 271 (5) in house calendar. Short Title: Marijuana Grows Enclosed Space Requirements Sponsors: NEWELL Summary: Bill would apply the same legal definition of “enclosed, locked space” as required by Amendment 64 to allowed personal grows of medical marijuana. Status: 02/26/2016 Introduced In House ­ Assigned to Finance Fiscal Notes: Fiscal Note Analyze This Comments: SB16­100 County Road & Bridge Tax Reduction Requirement Comment: LPA pg 33, 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, pedestrians and those using mobility aid devices." Position: Support Calendar Notification: NOT ON CALENDAR Short Title: County Road & Bridge Tax Reduction Requirement Sponsors: JAHN / PABON Summary: CML bill. The statutes required that one­half of the amount of the levy collected from within a municipality be returned to the municipality to address local road and bridge needs. However, counties have unilateral authority to reduce or eliminate the road & bridge mill levy, in some cases supplementing their own road & bridge fund with other sources of revenue (i.e. specific ownership taxes). This fundamentally unfair fiscal practice has resulted in the loss millions of dollars to municipalities to address their local transportation infrastructure issues as the law intends. CML believes legislation requiring municipal consent or agreement prior to reduction of an existing mill levy is wholly appropriate and on par with recent legislative actions. Status: 03/28/2016 Senate Third Reading Passed ­ No Amendments Fiscal Notes: Fiscal Note Analyze This Comments: SB16­123 Free Access To High Occupancy Vehicle Lanes Comment: LPA pg 33, Transportation #5, "Facilitate regional planning for various modes of transportation with the goal of providing practical solutions to reduce reliance on single­occupant vehicles." Position: Oppose Calendar Notification: Thursday, April 14 2016 Transportation & Energy Upon Adjournment Room 0112 (1) in house calendar. Short Title: Free Access To High Occupancy Vehicle Lanes Sponsors: LUNDBERG / SINGER Summary: This bill prohibits the Colorado Department of Transportation (CDOT) from requiring a high occupancy vehicle (HOV) to use a switchable transponder or other device in order to drive on a HOV lane or a high occupancy toll (HOT) lane on a state highway on a toll­free basis. Status: 03/22/2016 Introduced In House ­ Assigned to Transportation & Energy + Appropriations Fiscal Notes: Fiscal Note Analyze This Comments: Neutral: Wed, March 02, 2016, by mjackson@fcgov.com (02­Mar­16) No current impact on local highways; long term impacts should I­25 north incorporate tolling. No Effect: Wed, March 02, 2016, by mjackson@fcgov.com (02­Mar­16) Minimal impact to Fort Collins right now. No Effect: Wed, March 02, 2016, by mjackson@fcgov.com (02­Mar­16) Minimal impact to Fort Collins right now. N/A: Wed, March 02, 2016, by mjackson@fcgov.com (02­Mar­16) May make it more difficult to collect tolls and police HOV activity in future if I­25 north incorporates tolling. SB16­124 Machine Tools Sales Tax Exempt Recovered Materials Comment: LPA pg 23, Recycling and Solid Waste #3, "Provide incentives and funding for programs that promote waste reduction, reuse and recycling, and development of related infrastructure." Position: Monitor Calendar Notification: Wednesday, April 20 2016 Finance 1:30 p.m. Room LSB­A (1) in house calendar. Short Title: Machine Tools Sales Tax Exempt Recovered Materials Sponsors: GRANTHAM / PRIOLA Summary: Bill expands the current sales and use tax exemption for machinery and machine tools (machinery) used in manufacturing to include machinery purchased by businesses listed in the Department of Public Heath and Environment's inventory of recyclers and solid waste processors (material recovery facilities). Status: 03/22/2016 Introduced In House ­ Assigned to Finance + Appropriations Fiscal Notes: Fiscal Note Analyze This Comments: Strongly Support: Thu, March 24, 2016, by sgordon@fcgov.com (24­Mar­16) A number of local businesses in Fort Collins (e.g., local recycling collectors and haulers, scrap metal dealers, manufacturers and computer refurbishers) would benefit from being able to more affordably purchase equipment such as balers, which improves the value and marketability of recyclables. As an example, cardboard is much easier and cheaper to transport once it has been compacted and baled, and also commands a higher price in the commodity market than loose, uncompacted cardboard. Strongly Support: Thu, March 24, 2016, by sgordon@fcgov.com (24­Mar­16) Local "green businesses" that help the Fort Collins community's progress at meeting adopted Zero Waste goals , as well as carbon reduction goals, is extremely important to 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 health strategies. City reports show that as much as $6.5 million dollars worth of recoverable materials are buried in local landfills every year from Fort Collins sources; putting these dollars to work by processing/marketing discards as commodities will enhance the local economy with more jobs and new revenue, as well as contributing to environmental stewardship. Strongly Support: Thu, March 24, 2016, by sgordon@fcgov.com (24­Mar­16) At least 15 local businesses in Fort Collins (probably quite a few more) would be well positioned to apply for this sales and use tax exemption; their savings could be put to use in the community to hire more employees or increase employees' pay, or support more sales and marketing efforts by these local businesses. Strongly Support: Thu, March 24, 2016, by sgordon@fcgov.com (24­Mar­16) Fort Collins considers that giving state sales and use tax refunds for the purchase of recycling equipment is an effective economic tool that may provide a model for the City to also adopt, as a local policy, thereby allowing local sales and use refunds to businesses in our community that invest in recycling equipment. SB16­144 CCW Permits For Military Personnel Comment: LPA pg 32, Public Safety #9, "Maintain or enhance a statewide database of concealed weapons permits." Position: Oppose Calendar Wednesday, March 30 2016 Notification: SENATE STATE, VETERANS, & MILITARY AFFAIRS COMMITTEE 1:30 PM SCR 356 (6) in senate calendar. Short Title: CCW Permits For Military Personnel Sponsors: COOKE Summary: This would significantly broaden the terms for a concealed handgun permit for military personnel. Status: 03/04/2016 Introduced In Senate ­ Assigned to State, Veterans, & Military Affairs Fiscal Notes: Fiscal Note Analyze This Comments: Oppose: Tue, March 08, 2016, by jschiager@fcgov.com (08­Mar­16) This is a bad idea. While we respect the status and training of our military members, carrying a firearm in the civilian world is completely different than in a military setting. Young military members may not have the discipline yet to have this responsibility. We are already dealing with military members returning with various levels of PTSD. What would be the screening for that. Military members should follow the same rules as everyone else and get a permit when they are of sufficient age. Oppose: Tue, March 08, 2016, by jschiager@fcgov.com (08­Mar­16) This cold be a significant public safety issue for our community. Oppose: Tue, March 08, 2016, by jschiager@fcgov.com (08­Mar­16) Maybe nothing. Maybe big problems. not worth the risk. SB16­157 Don't Implement Clean Power Plan Until Stay Lifted Comment: LPA pg 24, Energy #3, "Support reductions of the community’s greenhouse gas (GHG) emissions from energy use in accordance with the Climate Action Plan (CAP) Framework (March 2015). Current community GHG goals are a reduction of 20 percent from 2005 levels by 2020, 80 percent by 2030 and carbon neutral by 2050." Position: Calendar Notification: NOT ON CALENDAR Short Title: Don't Implement Clean Power Plan Until Stay Lifted Sponsors: COOKE / DORE Summary: This bill requires the Air Quality Control Commission (AQCC) and the Division of Administration in Colorado Department of Public Health and Environment (CDPHE) to suspend work on the Clean Power Plan and state implementation plan until the stay is lifted. It also requires that the state implementation plan be subject to legislative review. Status: 03/29/2016 Senate Third Reading Passed ­ No Amendments Fiscal Notes: Fiscal Note Analyze This Comments: Bill did not go on to second committee or no action required (black) SB16‐003 Broadcast Burns Wildfire Risk Reduction Funding Support Support 1/13 Jud 2/8 Ap SB16‐011 Terminate Use Of FASTER Fee Revenue For Transit Oppose Oppose 1/13 Trans 1/26 2/2 2/3 Trans 2/17 SB16‐012 Time To Reconstruct Residential Improvements Monitor Monitor 1/13 LG 2/2 2/5 2/8 LG 3/9 3/16 3/17 SB16‐017 Concealed Handgun Carry Without Permit Oppose Oppose 1/13 SA 1/27 Ap 2/12 2/22 2/23 SA 3/7 SB16‐028 Community Reinvestment Act Monitor Monitor 1/13 SA 2/17 SB16‐037 Public Access Digitally Stored Data Under CORA Amend Amend 1/13 SA 2/24 SB16‐038 Transparency Of Community‐centered Boards Monitor Monitor 1/13 SA 3/30 SB16‐044 Contested Conservation Easement Tax Credit Claims Monitor Monitor 1/19 F 3/10 SB16‐054 Local Government Minimum Wage Monitor Monitor 1/19 SA 2/17 City of Fort Collins Legislative Tracking General Assembly Session 2016 First House Second House