Loading...
HomeMy WebLinkAboutAgenda - Mail Packet - 2/21/2017 - Legislative Review Committee Agenda - February 21, 2017City Manager’s Office City Hall 300 LaPorte Ave. PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 - fax fcgov.com Legislative Review Committee Agenda February 21, 2017 4:00 – 5:00 p.m. Commons Conference Room, City Hall, 300 LaPorte Ave., Building A 1. Approval of minutes from February 7, 2017 Meeting (3 minutes) Attached: February 7th Minutes 2. Agenda Review (3 minutes) 3. Bill Review (30 minutes)  Bill Report here (also attached in packets)  Bill review: o Recommended support o Recommended oppose o Recommended monitor 4. Standing agenda item: CC4CA update (10 minutes)  Memo attached 5. Federal Items (5 minutes)  Border adjustment tax  Federal labs 6. Other business (5 minutes)  March 1 lunch update Next meeting: March 7 th from 4:00-5:00 p.m. 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 2/7/17 Minutes Commons Conference Room, 300 Laporte Ave. Fort Collins, CO Present: Ray Martinez (RM), Gino Campana (GC), Ross Cunniff (RC), Ginny Sawyer (GS), Tyler Marr (TM), Jackson Brockway (JB), Jeff Mihelich (JM), Lindsay Ex (LE), Lisa Rosintoski (LR), Kevin Jones (KJ) and by phone: Ed Bowditch (EB), Jennifer Cassel (JC). Agenda Review and Approval of 1/17 Minutes Meeting was called to order at 4:08pm. Minutes were approved 3-0. Logistics for bill review were discussed:  Staff will check City website to ensure bill tracker is available online.  GC expressed a desire to ensure alignment between LRC documents. GS and CD will discuss this alignment.  Kudos were given by GC to legal staff for their comprehensive review.  The LRC discussed the bill track process between legislative staff and legal staff. Legal will be reviewing additional bills that are of interest to BAR associations and other legal entities.  LRC agreed to only focus on items identified by legislative staff unless legal has a specific recommendation. Staff can provide a printed version of the dossier each Tuesday and Thursday. Staff will identify major changes to the dossier since the previous update.  GC asked about short term items including Exhibition of Nuisance Exhaust. Bill Tracker  HB 1035, Sex Assault and Stalking Victims may Break Lease: LRC recommended ‘support’.  HB 1051, Procurement Code Modernization: Position remains ‘Monitor.’ This item is a priority bill for the Governor’s Office. HB 1051 will be tracked by legal and purchasing department.  HB 1065, Clarify Requirements Formation Metropolitan District: No particular comments. LRC remained at “monitor”.  HB 1029, Open Records Subject To Inspection Denial: Killed in the house this week.  HB 1124, Local Government Liable Fracking Ban Oil and Gas Moratorium: LRC discussed the possibility of opposing. RC supported keeping the bill as a monitor, as it is unclear the municipal effect on Fort Collins. RC requested additional analysis on the 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 effects of this bill. EB commented that the bill has little chance of being passed. LRC will remain at ‘monitor’.  SB 040, Public Access to Government Files: Staff will be meeting tomorrow to discuss the impacts of this bill on the City and will provide LRC with comments. RC and GC moved to oppose the bill. Ed suggested a meeting with Senator Kefalas if the item is to be opposed by LRC. LRC set the position of “oppose unless amended” stance. RM remains opposed to the measure. Staff will include additional information in the dossier to include emphasis on local control.  SB 059, Roundabout Turn And Lane Change Signal: LRC took position to monitor.  SB 085, Increase Documentary Fee & Fund Attainable Housing : Marked as ‘likely to die’. LRC moved to oppose the bill.  SB 089, Allow Electric Utility Customers Install Energy Storage Equipment: Municipal utilities are exempted from this bill. LE and LR overviewed most recent verbiage of the bill. LRC remained at ‘monitor’ until most up to date version of the bill can be fully understood. RM remains in ‘support’.  SB 093, Operation of Bicycles Approaching Intersections: GC suggested moving to “oppose”. LRC decided to monitor this bill. RM remains “opposed”.  SB 045, Construction Defect Claim Allocation of Defense Costs: Construction defect bills. Bill is up for a committee vote on 2/8. The bill is expected to pass.  SB 063, Marijuana Club Licenses: Jennifer added that most in committee remain opposed to the measure, including the Dept. of Revenue. LRC will shift to ‘oppose’.  SB 155, Statutory Definition of Construction Defect: Not much activity on this bill yet SB 156, Homeowners' Association Construction Defect Lawsuit Approval Timelines: Democrats in the Senate are opposed to the measure.  HB 1169: Construction Defect Litigation Builder's Right to Repair. This measure is still being vetted, just introduced this morning.  SB 042, Repeal Local Government Internet Service Voter Approval: Added as support by LRC.  HB 1161: TIF Tax Increment Financing Transparency: New requirements for public transparency/annual reports from cities. Potential discussions will be ongoing in between CML and the State.  HB 1171, Authorize New Transportation Revenue Anticipation Notes: Referred measure to go to the voters in November for increased transportation funding. The measure will be a bonding measure for a max of $3.5 Billion. Targeted projects include I- 25/I-70. Ed highlighted the repayment mechanism for the earmarking of sales and use tax revenues (10%). Previous bills like this have had difficulty being passed.  HB 1102, Prohibit Nuisance Exhibition Motor Vehicle Exhaust: The Mayor has signed a letter of support and citizens will be testifying at the state on 2/8.  HB 1076, Aquifer Recharge: RC interested in a support position to this bill. GC agreed with this support. 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 CC4CA Update HB 1018, Extend Voter Approval Window For RTA Regional Transportation Authority Mill Levy: Not applicable to Fort Collins. HB 1116, Continuation of Energy-Related Assistance to Low Income Households: LR explained staff support for sustainable funding for low income utilities. This bill is a continuation of funding from severance taxes. The bill has strong bipartisan support. The LRC suggested taking a ‘monitor’ role until more information is available on the lack of a sunset period. NLC Conference Meetings In anticipation of NLC, TM requested if there are any legislative visits that the LRC would like to set up. LRC will focus primarily on September site visits. Other Business State capitol visit: LRC agreed on a lunch meeting on Wednesday, March 1st at 11:45 at the Warwick hotel. Lunch will be catered. Attendees will include the LRC, City Council, the Fort Collins delegation, as well as other legislators including the Larimer County/Weld County delegation on an RSVP basis. Meeting outcomes include focusing on several primary bills of interest. TM and GS will touch base with EB and JC to coordinate. Call for projects from Trump administration: Staff has identified Halligan reservoir as an item to be expedited. Utilities staff is developing an overview of positive and negative impacts of recommending this project for expediting. Staff will need to formally request from Governor Hickenlooper to review. LRC expressed support of recommending this project to Governor Hickenlooper Utilities staff will provide additional information to the LRC on what additional actions are needed, including requirements to meet a ‘statewide need’. TM/GS will provide an update to Senator Gardner’s office on these projects. TM/GS will forward the updates along to Polis’/Bennet’s staff. The meeting ended at 5:07 PM Updated: February 16, 2017 Bill # Short Title Staff Rec'd Position City Adopted Position Lobbyist CC4CA Position Date Intro'd 1st Committee 2nd Com. 2nd Reading 3rd Reading 1st Committe e 2nd Com 2nd Read ing 3rd Reading First House Repass Conf. Cmte Governor HB 1008 Graywater Regulation Exemption For Scientific Research Support* 1/11 HB 1016 Exclude Value Mineral Resources Tax Increment Financing DivisioMnonitor 1/11 LG 1/18 F 2/1 2/6 2/7 LG 2/21 HB 1032 First Responder Peer Support Testimony Privilege Support 1/11 Jud 1/26 1/31 2/2 Jud 2/27 HB 1035 Sex Assault and Stalking Victims may Break Lease Monitor Support 1/11 HB 1051 Procurement Code Modernization Monitor 1/11 BL 2/28 HB 1065 Clarify Requirements Formation Metropolitan District Monitor Monitor 1/11 LG 2/1 2/6 2/7 LG 2/28 HB 1076 Artificial Recharge Nontributary Aquifer Rules Support Support 1/17 Ag 1/30 2/3 2/6 HB 1083 Municipal Judge Advisement for Traffic Offenses Support 1/18 Jud 2/21 HB 1100 Owner Tax Obligation for District Voter Eligibility Monitor 1/19 HB 1102 Prohibit Nuisance Exhibition Motor Vehicle Exhaust Support Support 1/19 Trans 2/8 2/16 HB 1116 Continue Low Income Home Energy Assistance Support Monitor Support 1/20 Trans 2/16 HB 1123 Extend On-premises Retail Alcohol Beverages Sales Hours Monitor 1/24 HB 1124 Local Government Liable Fracking Ban Oil And Gas Moratorium * Monitor LTD 1/26 SA 2/22 HB 1151 Electrical Assisted Bicycles Regulation Operation HB 1153 Highway Congestion Mitigation Support Trans 3/1 HB 1161 TIF Tax Increment Financing Transparency 2/6 BL 2/21 HB 1162 Outstanding Judgments And Driver's Licenses Oppose HB 1169 Construction Defect Litigation Builder's Right To Repair Support 2/6 SA 3/1 HB 1171 Authorize New Transportation Revenue Anticipation Notes Support 2/6 SA 3/29 HB 1177 Mediation For Disputes Arising Under CORA Colorado Open Records * Act 2/6 SA 2/23 SB 014 Limits On Underground Storage Tank Regulation Oppose* 1/11 Trans 1/31 2/3 2/6 Trans 2/23 SB 021 Assistance To Released Mentally Ill Offenders Support 1/11 SB 040 Public Access To Government Files Monitor* Oppose unless Amended 1/11 SB 042 Repeal Local Government Internet Service Voter Approval Support 1/11 BL 2/13 SB 156 Homeowners' Association Construction Defect Lawsuit Approval Timelines Support 2/1 BL 2/27 Bill # Short Title Staff Rec'd Position City Position Date Intro'd 1st Committee 2nd Committe e 2nd Reading 3rd Reading 1st Committe e 2nd Committ ee 2nd Read ing 3rd Reading First House Repass Conf. Cmte Governor City positions Bill Action Summary Scheduled for action (yellow) Support (green) Legislative committee action not scheduled (no fill) Oppose (red) Amend (blue) Monitor (no fill) Committee Abbreviations Ag = agriculture and natural resources committee Ap = appropriations committee Jud = judiciary committee BL = Business, labor and econ development committee LG = local government committee Ed = education committee SA = state, veterans and military affairs committee CC = conference committee Trans = transportation and energy committee * Further comments available F = finance committee UA = upon adjournment HE = health care and environment committeee UR = upon recess 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) Lobbyist Key LTD - Likely to Die 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) HB17­1008 Graywater Regulation Exemption For Scientific Research Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors: J. Arndt / J. Sonnenberg Summary: Water Resources Review Committee. The water quality control commission in the department of public health and environment (commission) is responsible for developing requirements, prohibitions, and standards that protect public health and water quality for the use of graywater for nondrinking purposes. Scientific research on graywater that might involve graywater uses and systems that do not strictly comply with the requirements, prohibitions, and standards developed by the commission would not be permitted under the control regulations. To facilitate scientific research related to graywater uses and systems, the bill creates an exemption from the commission's graywater control regulations for scientific research involving human subjects whereby a person may collect and use graywater for purposes of scientific research involving human subjects if the person:  Seeks to conduct the scientific research on behalf of an institution of higher education;  Utilizes a graywater treatment works system that incorporates a secondary water supply to provide an alternative source of water if any portion of the system does not function properly; and  Collects and uses graywater in accordance with the terms and conditions of the decrees, contracts, and well permits applicable to the use of the source water rights or source water and any return flows. The person is required to report to the water resources review committee on an annual basis the results of periodic monitoring conducted to assess the continued functioning of the graywater treatment works system used in the project and the project's compliance with federal rules concerning the protection of human research subjects. (Note: This summary applies to this bill as introduced.) Status: 1/11/2017 Introduced In House ­ Assigned to Agriculture, Livestock, & Natural Resources Fiscal Notes Status: Fiscal impact for this bill Analyze This Neutral: Tue, February 14, 2017, by ddustin@fcgov.com Comments: (14­Feb­17) Impact to the Fort Collins Utilities Water Resources Division will be little to none, since the bill supports exemption for scientific research. Support: Tue, February 14, 2017, by ddustin@fcgov.com (14­Feb­17) This bill aligns with the City's legislative policy objective of "Support comprehensive water resource management", which includes encouraging increased (water) efficiency ­ which graywater use promotes. Neutral: Tue, February 14, 2017, by ddustin@fcgov.com (14­Feb­17) Suggest Liesel Hans, Water Conservation Manager Status History: Status History Analyze This: Comments HB17­1016 Exclude Value Mineral Resources Tax Increment Financing Division Comment: Position: Calendar Notification: Tuesday, February 21 2017 SENATE LOCAL GOVERNMENT COMMITTEE COMMITTEE 2:00 PM SCR 354 (2) in senate calendar. News: Sponsors: L. Saine | M. Gray / R. Zenzinger | B. Martinez Humenik Summary: The bill permits the governing body of a municipality, as applicable, to provide in an urban renewal plan that the valuation attributable to the extraction of mineral resources located within the urban renewal area is not subject to the division of taxes between base and incremental revenues that accompanies the tax increment financing of urban renewal projects. In such circumstances, the taxes levied on the valuation will be distributed to the public bodies as if the urban renewal plan was not in effect. (Note: This summary applies to this bill as introduced.) Status: 2/8/2017 Introduced In Senate ­ Assigned to Local Government Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Neutral: Tue, January 31, 2017, by prowe@fcgov.com (31­Jan­17) The tax increment derived from the "valuation attributable to the extraction of mineral resources" is unlikely to be of any significance within existing or future Fort Collins Urban Renewal Authority plan areas. Further, this bill allows the City to elect to exclude this valuation, but does not require the City to do so. Status History: Status History Analyze This: Comments HB17­1032 First Responder Peer Support Testimony Privilege Comment: Position: Calendar Notification: Monday, February 27 2017 SENATE JUDICIARY COMMITTEE 1:30 PM SCR 352 (1) in senate calendar. News: Sponsors: J. Arndt / J. Cooke Summary: Under current law, peer support team members for certain first responders and a first responder may not be required to testify about communications made during the peer support process without the first responder's consent. The bill clarifies that the communication need not be during an individual peer support meeting. Under current law, there is an exception to the privilege if the information provided to the peer support team member indicates certain actual or suspected crimes. The bill adds crimes against at­risk persons to the list of crimes. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 2/3/2017 Introduced In Senate ­ Assigned to Judiciary Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Strongly Support: Fri, January 20, 2017, by Jschiager@fcgov.com (20­Jan­17) this is an important amendment to make the peer support process better. As it stands now, confidentiality may not apply if a psychologist or peer support member is working with a couple or a debrief involving multiple people. Apparently this was a last minute addition to the legislation that was not well thought out. Yes: Fri, January 20, 2017, by Jschiager@fcgov.com (20­Jan­17) This change allows us to better provide support to police officers. Yes: Fri, January 20, 2017, by Jschiager@fcgov.com (20­Jan­17) Dr. Dan Dworkin, FCPS Psychologist, is very knowledgeable about this topic and is able to testify if needed. Status History: Status History Analyze This: Comments HB17­1035 Sex Assault And Stalking Victims May Break Leases Comment: Position: Support Calendar Notification: NOT ON CALENDAR News: Sponsors: D. Jackson / J. Cooke Summary: Under current law, if a tenant notifies his or her landlord in writing that he or she is the victim of domestic violence or domestic abuse and provides to the landlord evidence in the form of a police report written within the prior 60 days or a valid protection order, and the tenant seeks to vacate the premises due to fear of imminent danger for self or children, then the tenant may terminate the rental agreement or lease and vacate the premises with minimal remaining obligations. The bill extends this privilege to victims of unlawful sexual behavior and stalking. The bill also provides that a statement from an application assistant designated by the address confidentiality program or, in the case of a victim of unlawful sexual behavior, from a medical professional, confirming the tenant's victim status is a third means of presenting evidence to the landlord. If a tenant to a residential rental agreement or lease agreement notifies the landlord that the tenant is a victim of unlawful sexual behavior, stalking, domestic violence, or domestic abuse, the landlord shall not disclose such fact to any person except with the consent of the victim or as the landlord may be required to do so by law. If a tenant to a residential rental agreement or lease agreement terminates his or her lease pursuant to this section because he or she is a victim of unlawful sexual behavior, stalking, domestic violence, or domestic abuse, and the tenant provides the landlord with a new address, the landlord shall not disclose such address to any person except with the consent of the victim or as the landlord may be required to do so by law. Under current law, a dangerous or uninhabitable condition in a rented property does not constitute a breach of the warranty of habitability if the condition is caused by the misconduct of the tenant, a member of the tenant's household, a guest or invitee of the tenant, or a person under the tenant's direction or control. However, such a condition is not misconduct by a victim of domestic violence or domestic abuse if the condition is the result of domestic violence or domestic abuse and the landlord has been given written notice and evidence of domestic violence or domestic abuse. The bill adds language to provide the same protection for tenants who are victims of unlawful sexual behavior or stalking. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 2/15/2017 Introduced In Senate ­ Assigned to Judiciary Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Neutral: Fri, January 27, 2017, by Jschiager@fcgov.com (27­Jan­17) This makes sense to protect victims from further problems. I don't know of a situation that this would affect locally. Neutral: Fri, January 27, 2017, by Jschiager@fcgov.com (27­Jan­17) Public safety, protection of victims. It makes sense but I don't think we would have strong opinion about it. Status History: Status History Analyze This: Comments HB17­1051 Procurement Code Modernization Comment: Position: Calendar Notification: Tuesday, February 28 2017 Business Affairs and Labor 1:30 p.m. Room LSB­A (1) in house calendar. News: Sponsors: B. Rankin | A. Garnett / A. Kerr | D. Coram Summary: The Colorado 'Procurement Code' (code) governs how executive branch agencies, other than institutions of higher education that have opted out of the code, buy goods and services. The code is administered by the department of personnel (department) and exists to help keep the public trust, promote fair competition, make efficient use of taxpayer dollars, and allow the state to effectively do the people's business. The code has been amended many times over the years, but it has not been reviewed in total since the general assembly enacted it in 1982. General updates (Sections 5, 6, 9, 11, 13, 15 through 18, 21 through 23, 31, and 36). The code is based on the 1979 American bar association model procurement code. When the state adopted the model code, much of the structure and terminology was adopted as drafted by the American bar association rather than conforming the structure and language to the Colorado Revised Statutes. The bill updates the terminology used in the code to make it consistent with common use, simplifies reporting requirements, and reorganizes provisions of the code for ease of use. In addition, the bill clarifies the authority of the executive director of the department to promulgate rules for the administration of the code. Promulgation of rules (Sections 8, 28, 32, 34, and 58). The executive director of the department is currently required to promulgate rules in furtherance of the code. The bill makes promulgation of rules by the executive director of the department (executive director) permissive throughout the code and authorizes the director to delegate his or her authority to promulgate rules. Ethics (Sections 2 and 4). State procurement professionals follow the 'Procurement Code of Ethics and Guidelines' (guidelines), which were established by the Colorado procurement advisory council. The guidelines are often interpreted to apply only to procurement staff and not to other people involved in the procurement process. The bill clarifies that state procurement officials, end users, vendors and contractors, and interested third parties are required to adhere to ethical standards during all phases of the procurement process. Procurement training (Section 4). The bill authorizes the chief procurement officer to develop and conduct a procurement education and training program for state employees and for vendors. Application of the code (Section 3). Certain purchasing activities are currently exempt from the code, such as bridge and highway construction, the awarding of grants to political subdivisions, and procurement by institutions of higher education that have formally opted out of the code. The bill exempts the procurement of specified additional goods and services from the code. Grants (Sections 3 and 6). Currently, the application, processing, and management of grants is inconsistent across state agencies. The bill amends the definition of 'grant' to provide consistency and to comply with federal requirements including the office of management and budget uniform guidance. Multiyear contracts (Section 37). Currently, the state may enter into a contract for any period as long as the contract term is included in the solicitation. If a contract term ultimately needs to exceed the period specified in the solicitation, the contract cannot be extended and a new contract is required. The bill authorizes the state to extend an existing contract, with approval of the chief procurement officer, for a reasonable period if extenuating circumstances exist. Contract management system (Section 37). The centralized contract management system and related requirements for contract provisions, monitoring, and reporting were established for the purpose of improving the state's contracting process. The bill repeals provisions related to contract monitoring and reporting and allows for remedies, including suspension or debarment, for contractors who do not perform. Contract terms and conditions (Section 38). The process to negotiate vendor terms and conditions sometimes requires the state to agree to a requirement that the state indemnify the vendor and that the contract be governed by the vendor's choice of law rather than Colorado law. However, indemnification is in violation of the state constitution. The bill prohibits indemnification of vendors by the state and requires that state contracts be governed by Colorado law. Market research (Section 14). A request for information (RFI) is a commonly used method for obtaining information about pending procurements and doing market research. Currently, RFIs are referenced in the procurement rules but not in the code. The bill establishes an RFI process in the code as a market assessment and information gathering tool and clarifies the appropriate methods to conduct market research. Administrative remedies (Sections 39 through 50). The bill clarifies the administrative remedies provisions in the code and provides guidance regarding the remedies process. Specifically, the bill clarifies who may ratify a violation of the code, specifies when a stay will apply, authorizes the executive director to refer an appeal to the office of administrative courts, and states that only material issues may be appealed. Confidentiality and CORA (Sections 7 and 20). Pursuant to current law, procurement records are public records, with some exceptions under the 'Colorado Open Records Act'. Procurement records, including bids and responses to RFIs, often contain information that is proprietary or confidential by the submitting entity. The bill clarifies that all responses to RFIs are confidential until after an award based on the RFI has been made or until the procurement official determines that the state will not pursue a solicitation based on the RFI. The bill also authorizes the executive director of the department to promulgate rules to clarify the process for classifying confidential or proprietary information. Procurement set asides, preferences, and goals (Sections 24 through 27). Current law allows a set aside in state procurement for persons with severe disabilities. The bill streamlines the process by which state agencies and nonprofit agencies that employ people with severe disabilities may use the set aside program and authorizes the executive director to promulgate rules for the administration of the program. In addition, current law contains many procurement preferences and goals; however, these preferences and goals are located in various provisions of the code and in other provisions of the Colorado Revised Statutes. The various locations of these provisions, as well as inconsistent terminology in the preference and goal provisions, make it difficult for vendors and procurement officials to know how each preference and goal should be applied. The bill relocates currently existing procurement preferences and goals into a new part and makes the language of those provisions consistent where possible. Cooperative purchasing (Section 51). Cooperative purchasing is procurement conducted by, with, or on behalf of more than one public procurement entity. It increases the opportunity for the state and local governments to obtain volume discounts through joint purchasing and it lowers the transaction costs of both purchasing agencies and vendors. The bill provides state agencies with more flexibility to use cooperative purchasing to increase efficiencies and maximize state resources. Conforming amendments (Sections 1, 10, 12, 19, 29, 30, 33, 35, 52 through 57, and 59 through 74). The bill makes necessary conforming amendments. (Note: This summary applies to this bill as introduced.) Status: 1/11/2017 Introduced In House ­ Assigned to Business Affairs and Labor Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Status History: Status History Analyze This: Comments HB17­1065 Clarify Requirements Formation Metropolitan District Comment: Position: Monitor Calendar Notification: Tuesday, February 28 2017 SENATE LOCAL GOVERNMENT COMMITTEE COMMITTEE 2:00 PM SCR 354 (1) in senate calendar. News: Sponsors: K. Lewis / V. Marble Summary: Under existing law, no land area that is 40 acres or more used primarily and zoned for agricultural uses may be included in any park and recreation district without the written consent of the land owners. Sections 1 and 2 of the bill make any metropolitan district providing parks or recreational facilities and programs subject to this limitation. Sections 3 and 4 clarify that only those signatures obtained after the approval by a county or municipality of the service plan of a proposed special district may be considered by the district court in determining whether the required number of taxpaying electors of such district have signed the petition for organization. (Note: This summary applies to this bill as introduced.) Status: 2/8/2017 Introduced In Senate ­ Assigned to Local Government Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Status History: Status History Analyze This: HB17­1076 Artificial Recharge Nontributary Aquifer Rules Comment: Position: Support Calendar Notification: NOT ON CALENDAR News: Sponsors: J. Arndt / D. Coram | S. Fenberg Summary: Currently, the state engineer must promulgate rules for the permitting and use of waters artificially recharged into 4 named aquifers. The bill adds the requirement that the state engineer also promulgate rules for the permitting and use of waters artificially recharged into nontributary groundwater aquifers. The rules must be promulgated on or before July 1, 2018. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 2/6/2017 Introduced In Senate ­ Assigned to Agriculture, Natural Resources, & Energy Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Strongly Support: Mon, January 30, 2017, by ddustin@fcgov.com (30­Jan­17) The Fort Collins Utilities Water Resources Division supports this bill because it will develop rules that would facilitate and streamline some of the legal hurdles for potential future aquifer storage and recovery (ASR) projects. Since Utilities is currently investigating ASR as a potential future storage option, this bill could develop rules that would potentially diminish legal uncertainty associated with ASR. Strongly Support: Mon, January 30, 2017, by ddustin@fcgov.com (30­Jan­17) This bill aligns with the City's legislative policy objective of "Support comprehensive water resource management", which includes ensuring adequate supply, expanding storage and supports efforts to address local and regional water needs. Strongly Support: Mon, January 30, 2017, by ddustin@fcgov.com (30­Jan­17) Donnie Dustin, Water Resources Manager ALSO ­ Eric Potyondy, Assistant City Attorney ­ given legal nature of bill Status History: Status History Analyze This: Comments HB17­1083 Municipal Judge Advisement For Traffic Offenses Comment: Position: Calendar Notification: Tuesday, February 21 2017 Judiciary 1:30 p.m. Room 0112 (3) in house calendar. News: Sponsors: L. Liston Summary: House Bill 16­1309 requires a judge to inform a defendant of certain rights at the defendant's first appearance in prosecutions in municipal courts. The bill excludes cases involving traffic infractions or violations carrying an assessment of 4 or fewer points from the requirement. (Note: This summary applies to this bill as introduced.) Status: 1/18/2017 Introduced In House ­ Assigned to Judiciary Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Support: Sun, January 22, 2017, by klane@fcgov.com (22­Jan­17) This bill would soften the impact of HB 16­1309 by limiting the types of cases to which C.R.S. Section 16­7­207 applies. It supports our current, more efficient arraignment process relating to minor traffic violations. N/A: Mon, January 30, 2017, by jsanford@fcgov.com (30­Jan­17) No legal objections to this bill Amend: Wed, February 01, 2017, by klane@fcgov.com (01­Feb­17) Revision to my earlier "reply": It would be best if the bill exempted ALL infractions, not just some traffic infractions, from the full advisement process. Many municipalities have decriminalized some minor offenses, such as Animal at Large, which are considered to be civil infractions, punishable only by fines and costs, not jail. Fort Collins has adopted "Rules for Civil Infractions" which are similar to the "Rules for Traffic Infractions" and provide a simplified process for those cases. It is more efficient for the Defendants and the Court to follow that process. This amendment would support that simplified process. N/A: Mon, January 30, 2017, by jsanford@fcgov.com (30­Jan­17) No legal objections to this bill Status History: Status History Analyze This: Comments HB17­1100 Owner Tax Obligation For District Voter Eligibility Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors: M. Gray Summary: Currently, a person may qualify as an eligible elector in certain district elections if the person is an owner of taxable real (or, for some districts, personal) property situated within the boundaries of the district or the area to be included in the district. Further, a person is considered to be an owner for election purposes if the person is obligated to pay taxes under a contract to purchase such taxable property. For a person qualifying as an eligible elector as an owner by virtue of a contract to purchase taxable property in elections in the following types of districts, the bill mandates that the tax obligation must require the person to pay taxes prior to the date of purchase:  Local governments, as defined in the 'Local Government Election Code' (i.e., any district, business improvement district, special district created pursuant to title 32 of the Colorado Revised Statutes, authority, or political subdivision of the state, authorized by law to conduct an election; but does not include a county, school district, regional transportation district, or municipality) ( section 1 of the bill);  Law enforcement authorities ( section 2 );  Public improvement districts ( section 3 );  Local improvement districts ( section 4 );  Downtown development authorities ( section 5 );  Special districts formed under the 'Special District Act' ( sections 6 and 7 );  The urban drainage and flood control district ( section 8 );  Water conservancy districts ( section 9 ); and  Groundwater management districts ( section 10 ). (Note: This summary applies to this bill as introduced.) Status: 1/19/2017 Introduced In House ­ Assigned to Local Government Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Monitor: Thu, January 26, 2017, by Wanda Winkelmann (WWinkelmann@fcgov.com) (26­Jan­17) This bill would apply to the City of Fort Collins when BID elections are held. Additional information is needed to clarify the documentation required for those required to pay taxes under a purchase agreement. Status History: Status History Analyze This: Comments HB17­1102 Prohibit Nuisance Exhibition Motor Vehicle Exhaust Comment: Position: Support Calendar Notification: Thursday, February 16 2017 GENERAL ORDERS ­ SECOND READING OF BILLS (1) in house calendar. News: Sponsors: J. Ginal Summary: The bill prohibits engaging in a nuisance exhibition of motor vehicle exhaust, which is the act of knowingly blowing black smoke through one or more exhaust pipes attached to a motor vehicle with a gross vehicle weight rating of 14,000 pounds or less in a manner that would harass another driver, a bicyclist, or a pedestrian or obstruct or obscure the view of another driver, a bicyclist, or a pedestrian. A person who violates the prohibition commits a class A traffic infraction, punishable by a fine of $100. (Note: This summary applies to this bill as introduced.) Status: 2/13/2017 House Second Reading Laid Over Daily ­ No Amendments Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Support: Fri, January 27, 2017, by chorton@fcgov.com (27­Jan­17) Through our current legislative authority regarding the environmental (emissions) issues, our police officers are nearly hamstrung to address the issue of nuisance exhaust or 'rolling coal'. Current law requires onerous training for an officer to be ‘certified’ to write an emissions violation. Regarding diesel emission, the law states, “In no case shall such {emissions} level be less than twenty percent opacity when observed.” No FCPS officer has completed a citation under this law (42­4­412 (2)(a).) ??Officers in Fort Collins have been somewhat successful citing some offenders using ?42­4­1105????(2) – under the title ‘Speed Contests’. The specific regulation is meant to address street racing. We have somewhat awkwardly referenced the 'rapid acceleration' section below: ??“(2) (a) Except as otherwise provided in subsection (4) of this section, it is unlawful for a person to knowingly engage in a speed exhibition on a highway. ??(b) For purposes of this section, "speed exhibition" means the operation of a motor vehicle to present a display of speed or power. "Speed exhibition" includes, but is not limited to, squealing the tires of a motor vehicle while it is stationary or in motion, rapid acceleration, rapid swerving or weaving in and out of traffic, producing smoke from tire slippage, or leaving visible tire acceleration marks on the surface of the highway or ground. ??(c) A person who violates any provision of this subsection (2) commits a class 2 misdemeanor traffic offense. The offense described above includes the possibility of jail, which seems disproportionate the the offense. Using The legislation proposed by Rep. Ginal is refreshing. Unlike using a law that did not contemplate this behavior, officers would be able to cite a specific prohibition on the exact behavior. The law would be very easy to enforce, yet still require officers to make reasoned arguments to the court regarding their determination to write the citation. Support: Fri, January 27, 2017, by chorton@fcgov.com (27­Jan­17) The City supported this bill during the last legislative session. I am not sure if another formal endorsement has been made from the Legislative Committee for the current iteration. Support: Fri, January 27, 2017, by chorton@fcgov.com (27­Jan­17) Lt. Craig Horton testified last year. from staff. Status History: Status History Analyze This: Comments HB17­1116 Continue Low­income Household Energy Assistance Comment: Position: Monitor Calendar Notification: Thursday, February 16 2017 House Transportation & Energy Upon Adjournment Room 0112 (1) in house calendar. News: Sponsors: M. Hamner | T. Exum / B. Martinez Humenik Summary: Current law provides that the department of human services low­ income energy assistance fund, the energy outreach Colorado low­income energy assistance fund, and the Colorado energy office low­income energy assistance fund receive conditional funding from the severance tax operational fund through the state fiscal year commencing July 1, 2018. The bill removes the automatic repeal which means that these funds will be eligible for this conditional funding indefinitely. (Note: This summary applies to this bill as introduced.) Status: 1/20/2017 Introduced In House ­ Assigned to Transportation & Energy Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Support: Mon, February 06, 2017, by Lrosintoski@fcgov.com (06­Feb­17) To maintain the viability of the Utilities Affordability Portfolio sustainable funding is critical to manage those outcomes. The bill removes the automatic repeal which means that these funds will be eligible for this conditional funding indefinitely. Support: Mon, February 06, 2017, by Lrosintoski@fcgov.com (06­Feb­17) The City of Fort Collins has embraced aggressive climate action goals that are based on the triple bottom line of integrating social, environmental and economic. Because of this the City has multiple City Council approved policies and plans that specifically recognize the importance of supporting low income customers with resources and funding to achieve their energy efficiency and conservation success. Key documents include the Climate Action Plan, City Strategic Plan and the Energy Policy. N/A: Mon, February 06, 2017, by Lrosintoski@fcgov.com (06­Feb­17) Lisa Rosintoski Status History: Status History Analyze This: Comments HB17­1123 Extend On­premises Retail Alcohol Beverages Sales Hours Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors: S. Lebsock | D. Thurlow / V. Marble Summary: Current law prohibits a person licensed to sell alcohol beverages for on­ premises consumption from serving alcohol beverages between the hours of 2 a.m. and 7 a.m. The bill allows a local government to extend the hours during which alcohol beverages may be sold for on­premises consumption at establishments within the local government's jurisdiction. (Note: This summary applies to this bill as introduced.) Status: 2/15/2017 Introduced In Senate ­ Assigned to Business, Labor, & Technology Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Monitor: Wed, February 08, 2017, by Jschiager@fcgov.com (08­Feb­17) Police Services has concerns with extended bar hours, however, the bill provides local control on whether to allow extended hours. Concerns include: Requiring resources later into the night; increased over­service (whether in our community or n'boring communities); difficulty in citizen education if there are different bar hours in different communities; and the possibility of people traveling late night to find bars that are still open. The Clerk's office notes that if the hours were changed for on premise liquor consumption, and an application process is required, there would be administrative changes we would need to employ. N/A: Wed, February 08, 2017, by Jschiager@fcgov.com (08­Feb­17) Wanda and Jeremy Status History: Status History Analyze This: Comments HB17­1124 Local Government Liable Fracking Ban Oil And Gas Moratorium Comment: Position: Monitor Calendar Notification: Wednesday, February 22 2017 State, Veterans, & Military Affairs 1:30 p.m. Room 271 (1) in house calendar. News: Sponsors: P. Buck / T. Neville Summary: The bill specifies that a local government that bans hydraulic fracturing of an oil and gas well is liable to the mineral interest owner for the value of the mineral interest and that a local government that enacts a moratorium on oil and gas activities shall compensate oil and gas operators, mineral lessees, and royalty owners for all costs, damages, and losses of fair market value associated with the moratorium. (Note: This summary applies to this bill as introduced.) Status: 1/26/2017 Introduced In House ­ Assigned to State, Veterans, & Military Affairs Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Status History: Status History Analyze This: HB17­1151 Electrical Assisted Bicycles Regulation Operation Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors: C. Hansen | Y. Willett / A. Kerr | O. Hill Summary: Section 1 of the bill defines 3 classes of electrical assisted bicycle, depending on their top speed and whether the electric motor assists in propulsion only while the rider is pedaling or propels the bicycle independently. Sections 2 and 3 make technical and conforming amendments. Section 4 requires manufacturers to label electrical assisted bicycles as class 1, class 2, or class 3, as appropriate, and prohibits a person from modifying an electrical assisted bicycle without also relabeling it to accurately reflect its classification. Section 4 also requires all electrical assisted bicycles to comply with federal consumer product safety commission (CPSC) requirements and specified classes of electrical assisted bicycles to be equipped with appropriate braking systems and speedometers. Section 5 :  Gives local governments the authority to allow or prohibit the use of specified classes of electrical assisted bicycles on pedestrian paths and bike paths;  Prohibits a person under the age of 16 from riding a class 3 electrical assisted bicycle except as a passenger;  For class 3 electrical assisted bicycles, requires all riders under 18 to wear a helmet certified by the CPSC or the American Society for Testing Materials; and  Specifies that noncompliance with the helmet law does not constitute negligence or negligence per se in a lawsuit seeking damages. (Note: This summary applies to this bill as introduced.) Status: 2/6/2017 Introduced In House ­ Assigned to Transportation & Energy Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Status History: Status History Analyze This: HB17­1153 Highway Congestion Mitigation Comment: Position: Calendar Notification: Wednesday, March 1 2017 House Transportation & Energy 1:30 p.m. Room 0112 (1) in house calendar. News: Sponsors: D. Williams | H. McKean / B. Gardner Summary: The bill clarifies that high occupancy vehicle lanes are lanes on which a vehicle carrying 2 or more individuals, including the driver, may travel and that high occupancy toll lanes are lanes on which a vehicle carrying fewer than 2 individuals, including the driver, must pay a toll. The bill also raises the priority of currently unfunded projects to expand the capacity of interstate highway 25 between the town of Castle Rock and the town of Monument and between state highway 14 and state highway 66 (high priority projects) by:  Requiring the department of transportation (CDOT) to put the high priority projects above all other unfunded projects on its priority list for project funding;  Requiring all federal money received by CDOT that the federal government does not require to be allocated for other projects and that CDOT has not previously allocated for other projects to be used to fund the high priority projects before being used to fund other projects; and  Requiring any environmental studies or other studies required to be completed before the high priority projects may begin to be completed no later than 6 months following the effective date of the bill and prohibiting study findings from being used to prevent the high priority projects from being undertaken. (Note: This summary applies to this bill as introduced.) Status: 2/6/2017 Introduced In House ­ Assigned to Transportation & Energy Fiscal Notes Status: Fiscal note currently unavailable Analyze This Comments: Strongly Support: Mon, February 13, 2017, by Mjackson@fcgov.com (13­Feb­17) Fort Collins, North Front Range MPO and I­25 Regional Coalition have been strong advocates and funding partners in accelerating improvements to I­25 in Northern Colorado.Prioritizing these two corridors would benefit the entire front range of Colorado. Strongly Support: Mon, February 13, 2017, by Mjackson@fcgov.com (13­Feb­17) Improving I­25 in Northern Colorado is a high priority for Fort Collins. Strongly Support: Mon, February 13, 2017, by Mjackson@fcgov.com (13­Feb­17) Staff: Mark Jackson; Mayor Pro Tem Horak Status History: Status History Analyze This: Comments HB17­1161 TIF Tax Increment Financing Transparency Comment: Position: Calendar Notification: Tuesday, February 21 2017 Business Affairs and Labor 1:30 p.m. Room LSB­A (2) in house calendar. News: Sponsors: S. Beckman Summary: Not later than 90 days after the end of the first fiscal year of an urban renewal authority (authority) after the governing body of a municipality has approved an urban renewal plan (plan) that allocates any incremental property or sales tax revenues of any taxing entity other than the municipality, and on the same day each year thereafter, the bill requires the authority to prepare a report for public distribution. The authority is required to send a copy of the report by first class mail and by e­mail to each taxing entity other than the municipality whose incremental property or sales tax revenues will be allocated under the plan. The bill specifies items the report is to address. With the annual report, the bill also requires an authority to submit an independent audit of its financial status that is prepared by a certified public accountant attesting to the accuracy of the annual report. As part of the audit, the certified public accountant is also required to report whether the authority has used any incremental property or sales tax revenues for any unauthorized purposes other than for eligible costs. In connection with the preparation of the report, the authority must also provide any other financial information that is reasonably required by the governing body of the municipality. If the audit finds that any incremental property or sales tax revenues have been used for any unauthorized purposes, the authority is liable for the repayment of such incremental tax revenues to the taxing entities whose incremental property or sales tax revenues were allocated under the plan. (Note: This summary applies to this bill as introduced.) Status: 2/6/2017 Introduced In House ­ Assigned to Business Affairs and Labor Fiscal Notes Status: Fiscal note currently unavailable Analyze This Comments: Status History: Status History Analyze This: HB17­1162 Outstanding Judgments And Driver's Licenses Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors: M. Gray Summary: Under current law, an individual who is cited for certain traffic infractions must either pay the penalty assessment or appear in court for a hearing. If the individual neither pays the infraction nor appears for a hearing, the court must issue a judgment against the individual. An individual who has an outstanding judgment:  May have their driver's license canceled;  May not receive a new driver's license; and  May not renew a current driver's license. The bill repeals these penalties and provides courts with the option of withholding a driver's state income tax refund in order to satisfy the outstanding judgment. (Note: This summary applies to this bill as introduced.) Status: 2/6/2017 Introduced In House ­ Assigned to Judiciary Fiscal Notes Status: Fiscal note currently unavailable Analyze This Comments: Strongly Oppose: Mon, February 13, 2017, by klane@fcgov.com (13­Feb­17) Pursuant to state and local rules relating to traffic infractions, when a defendant ignores a citation relating to such a violation, a default judgment is entered. Since a warrant cannot be issued in those cases, the Courts’ best method of enforcing the judgment is by adding a $30 default or outstanding judgment/warrant fee and sending the information to the DMV for action against the defendant’s driver’s license. This has been an effective tool which we seek to preserve. Without that tool, the only option left to the Courts – other than trying to obtain a portion of the defendant’s income tax refund, if any, under this Bill ­ would be to submit the case to a collection agency for action. Those remaining options are inadequate and will likely lead to an increase in the number of cases which are not addressed by defendants in a timely manner. Status History: Status History Analyze This: Comments HB17­1169 Construction Defect Litigation Builder's Right To Repair Comment: Position: Calendar Notification: Wednesday, March 1 2017 State, Veterans, & Military Affairs 1:30 p.m. Room LSB­A (3) in house calendar. News: Sponsors: T. Leonard / J. Tate Summary: The bill clarifies that a construction professional has the right to receive notice from a prospective claimant concerning an alleged construction defect; to inspect the property; and then to elect to either repair the defect or tender an offer of settlement before the claimant can file a lawsuit seeking damages. (Note: This summary applies to this bill as introduced.) Status: 2/6/2017 Introduced In House ­ Assigned to State, Veterans, & Military Affairs Fiscal Notes Status: Fiscal note currently unavailable Analyze This Comments: Support: Wed, February 15, 2017, by Tleeson@fcgov.com (15­Feb­17) This bill clarifies that a construction professional has the right to receive notice from a prospective claimant concerning an alleged construction defect; to inspect the property; and then to elect to either repair the defect or tender an offer of settlement before the claimant can file a lawsuit seeking damages. This clarification helps the building community understand their rights in the case of a potential lawsuit. This may help to alleviate some of the concerns with building these types of units, which is consistent with City policy. N/A: Wed, February 15, 2017, by Tleeson@fcgov.com (15­Feb­17) Tom Leeson Status History: Status History Analyze This: Comments HB17­1171 Authorize New Transportation Revenue Anticipation Notes Comment: Position: Calendar Notification: Wednesday, March 29 2017 State, Veterans, & Military Affairs 1:30 p.m. Room LSB­A (1) in house calendar. News: Sponsors: T. Carver | P. Buck Summary: In 1999, the voters of the state authorized the executive director of the department of transportation (executive director) to issue transportation revenue anticipation notes (TRANs) in a maximum principal amount of $1.7 billion and with a maximum repayment cost of $2.3 billion in order to provide financing to accelerate the construction of qualified federal aid transportation projects. The executive director issued the TRANs as authorized. The final payments of principal and interest on the TRANs will be made during fiscal year 2016­17, which will make available for expenditure for transportation­related purposes only revenues dedicated for transportation by federal law, the state constitution, and state law that the state has been using to make principal and interest payments on the TRANs. Section 3 of the bill repeals a requirement that the state treasurer make conditional transfers, which are reduced or eliminated if the state is required to refund excess state revenues in accordance with the taxpayer's bill of rights, of a specified percentage of total general fund revenues from the general fund to the capital construction fund and the highway users tax fund for state fiscal years 2017­18, 2018­19, and 2019­20. Section 4 of the bill requires the state transportation commission to submit a ballot question to the voters of the state at the November 2017 statewide election, which, if approved, would authorize the executive director to issue additional TRANs in a maximum principal amount of $3.5 billion and with a maximum repayment cost of $5 billion once the TRANs already issued are repaid in full. The additional TRANs must have a maximum repayment term of 20 years, and the certificate, trust indenture, or other instrument authorizing their issuance must provide that the state may pay them in full before the end of the specified payment term without penalty. Additional TRANs must otherwise generally be issued subject to the same requirements and for the same purposes as the original TRANs; except that the transportation commission must pledge to annually allocate from legally available money under its control any money needed for payment of the notes in excess of amounts appropriated by the general assembly from the state highway fund for payment of the notes as authorized by section 6 of the bill until the notes are fully repaid. Section 5 of the bill requires proceeds from the sale of any additional TRANs that are not otherwise pledged for the payment of the TRANs to be used only for specified projects until all of the projects have been funded in whole or in part with such proceeds and have been fully funded and specifies additional transportation project contract award process requirements and limitations for a project to be funded in whole or in part with proceeds of additional TRANs. Sections 6 and 7 of the bill require 10% of state sales and use tax net revenue collected on or after July 1, 2017, to be credited to the highway users tax fund (HUTF), paid from the HUTF to the state highway fund for use, subject to annual appropriation by the general assembly, for payment of TRANs and, to the extent not used for that purpose, state transportation projects. Section 6 also requires 1% of state sales and use tax net revenue collected on or after July 1, 2017, less ten million dollars to be credited to the capital construction fund. (Note: This summary applies to this bill as introduced.) Status: 2/6/2017 Introduced In House ­ Assigned to State, Veterans, & Military Affairs + Finance + Appropriations Fiscal Notes Status: Fiscal note currently unavailable Analyze This Comments: Strongly Support: Mon, February 13, 2017, by Mjackson@fcgov.com (13­Feb­17) City of Fort Collins, North Front Range MPO and I­25 Regional Coalition have all pushed hard to get State to reconsider reissuance of TRANS bonds, in addition to increasing the State's General Fund contributions to transportation infrastructure needs. Strongly Support: Mon, February 13, 2017, by Mjackson@fcgov.com (13­Feb­17) Improving I­25 is a key priority for City of FC Strongly Support: Mon, February 13, 2017, by Mjackson@fcgov.com (13­Feb­17) Mark Jackson, Staff or Gerry Horak, Mayor Pro Tem Status History: Status History Analyze This: Comments HB17­1177 Mediation For Disputes Arising Under CORA Colorado Open Records Act Comment: Position: Calendar Notification: Thursday, February 23 2017 State, Veterans, & Military Affairs Upon Adjournment Room LSB­A (3) in house calendar. News: Sponsors: C. Wist | A. Garnett / J. Cooke Summary: Commencing on the effective date of the bill, any person denied the right to inspect documents under the 'Colorado Open Records Act' (CORA) or who alleges other CORA violations may apply to the state district court in which the record is located for an appropriate order. The bill also permits the parties in good faith to participate in mediation to resolve their dispute. The bill provides immunity for the disclosure of privileged or confidential information to the mediator. The bill specifies requirements and procedures governing the mediation, including situations where:  The party disputing the custodian's decision has chosen not to participate in the mediation before seeking a district court order;  The parties participated in mediation but were unable to resolve their dispute without filing a court order; and  The parties did not participate in mediation. (Note: This summary applies to this bill as introduced.) Status: 2/6/2017 Introduced In House ­ Assigned to State, Veterans, & Military Affairs Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Status History: Status History Analyze This: SB17­014 Limits On Underground Storage Tank Regulation Comment: Position: Calendar Notification: Thursday, February 23 2017 House Transportation & Energy Upon Adjournment Room 0112 (1) in house calendar. News: Sponsors: R. Baumgardner | D. Coram / J. Becker Summary: Transportation Legislation Review Committee. The bill prohibits a local government from imposing inspection requirements for underground petroleum storage tanks or charging inspection fees for the inspection of underground petroleum storage tanks. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 2/9/2017 Introduced In House ­ Assigned to Transportation & Energy Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Strongly Oppose: Fri, January 27, 2017, by mzoccali@fcgov.com (27­Jan­17) Since the early 1980’s, the City of Fort Collins (City), through its development review process and building inspection, along with Poudre Fire Authority’s (PFA) Fire Prevention Bureau, have been conducting plan reviews and inspections of Underground Storage Tanks (UST). These important proactive processes were implemented due to several instances of leaking USTs causing environmental contamination, human health, and property protection concerns in the Fort Collins area. The City adopted accepted industry standards and worked with the model codes to develop reasonable guidelines and requirements for the safe installation and removal of UST’s. The City and PFA work closely with the Larimer County Health Department, the United Stated Environmental Protection Agency, (EPA), Colorado Oil and Gas Commission, and others stakeholders to prevent a reoccurrence of these issues in our community. PFA is the primary inspection and enforcement agency for UST’s and review numerous installs and removals each year as well as responding to spills and leaks when they do happen. All new gas stations require plan review, permitting, and inspections for the tank piping and other services such as electrical, backfill, and tank support. Fees are applied to offset costs for staff time related to plan review and inspection; Both the City and PFA strongly oppose this bill as it limits local control for an issue that has and will have direct and significant impact on our community in the instance of a leak or other emergency occurs. It is important to note that the Uniform Fire Code has not been published since 2000 and the fire code adopted by most jurisdictions in Colorado is the International Fire Code. Oppose: Fri, January 27, 2017, by mzoccali@fcgov.com (27­Jan­17) The comments submitted in this action align with City of Fort Collins Legislative Policy, specifically in relation to policy statements for Development Review and Inspection and Planning and Land Use. Development Review and Inspection Fort Collins City Council adopts a land use code, zoning and new and existing property inspection protocol. The City supports retention of home­rule control in aligning development review and inspections with local priorities. In recent sessions, state legislators have introduced measures aimed at having local inspectors provide inspection for building types outside existing responsibilities without additional resources provided to conduct this work. Therefore, the City supports the following policy statements: 1. Financially compensate a jurisdiction or agency for additional work of inspectors through fees or other means. 2. Give local governments choices in accepting additional inspection work. 3. Allow local governments to determine the time needed to conduct development review and inspection timelines. Planning and Land Use Effective local land use planning and land development regulation contributes to the quality of life enjoyed primarily by Fort Collins residents, yet shared regionally within Larimer County. State legislation can influence local governments’ ability to develop and implement land use plans for their communities. Therefore, the City supports the following policy statements: 1. Require regional cooperation in land use and transportation planning, and foster sustainable development, without unduly constraining the City’s home rule powers. 2. Prohibit the annexation of land that is located within the boundaries of a Growth Management Area that was legally established by an intergovernmental agreement between a municipality and a county by any municipality not a party to the agreement. 3. Limit the definition of a compensable taking and/or the definition of vested property rights beyond the provisions of existing law. 4. Retain local government authority to impose development impact fees. 5. Increase cities’ ability to regulate industrial land uses like oil and gas exploration and extraction. 6. Foster equitable public housing policies that balance protection of tenants and landlords. Oppose: Fri, January 27, 2017, by mzoccali@fcgov.com (27­Jan­17) Battalion Chief Robert Poncelow Status History: Status History Analyze This: Comments SB17­021 Assistance To Released Mentally Ill Offenders Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors: B. Martinez Humenik / J. Singer Summary: Legislative Oversight Committee Concerning the Treatment of Persons with Mental Illness in the Criminal and Juvenile Justice Systems. The bill directs the division of housing in the department of local affairs to establish a program to provide vouchers and supportive services to persons with a mental illness who are being released from the department of corrections (DOC) or jails. The program is funded by general fund appropriations and from money unspent by the division of criminal justice (CDPS) for community corrections programs in the previous fiscal year. The bill directs the behavioral health unit in the department of human services, in conjunction with the DOC, to implement reentry programs to assist persons with a mental illness who are transitioning from incarceration. If necessary, the programs may receive money from the community corrections appropriation to CDPS. The bill appropriates $2.7 million to the department of local affairs. (Note: This summary applies to this bill as introduced.) Status: 1/11/2017 Introduced In Senate ­ Assigned to Judiciary Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Support: Mon, February 13, 2017, by Beth Sowder (bsowder@fcgov.com) (13­Feb­17) It does not appear that we would be directly impacted by this bill but we strongly support any additional assistance for those leaving the jail, especially for folks dealing with mental illness. If alcohol abuse would be covered by the definition they use, that would be especially helpful. We believe that this is something that could positively affect those in our community who get caught in this cycle of mental health and incarceration. This bill is also aligned with the policy of trying to keep the direct provision of social services funded at the county, state or federal level. N/A: Mon, February 13, 2017, by Beth Sowder (bsowder@fcgov.com) (13­Feb­17) Yes N/A: Mon, February 13, 2017, by Beth Sowder (bsowder@fcgov.com) (13­Feb­17) Judge Kathleen Lane and Andrea Little Status History: Status History Analyze This: Comments SB17­040 Public Access To Government Files Comment: Official LRC Position is Oppose Unless Amended to exclude cities. Position: Oppose Calendar Notification: Wednesday, February 22 2017 SENATE STATE, VETERANS, & MILITARY AFFAIRS COMMITTEE 1:30 PM SCR 357 (1) in senate calendar. News: Sponsors: J. Kefalas / D. Pabon Summary: Section 2 of the bill modifies the 'Colorado Open Records Act' (CORA) by creating new procedures governing the inspection of public records that are stored as structured data. Section 1 defines key terms including 'structured data', which the bill defines as digital data that is stored in a fixed field within a record or file that is capable of being automatically read, processed, or manipulated by a computer. If public records are stored as structured data, section 2 requires the custodian of the public records to provide an accurate copy of the public records in a structured data format when requested. If public records are not stored as structured data but are stored in an electronic or digital form and are searchable in their native format, the custodian is required to provide a copy of the public records in a format that is searchable when requested. Section 2 specifies the circumstances that exempt the custodian from having to produce records in a searchable or structured data format. If a custodian is not able to comply with a request to produce public records in a requested format, the custodian is required to produce the records in an alternate format and to provide a written declaration attesting to the reasons the custodian is not able to produce the records in the requested format. If a court subsequently rules the custodian should have provided the data in the requested format but that the custodian reasonably believed, based upon the reasons stated in the written declaration, that the data could not be produced in the requested format, attorney fees may be awarded only if the custodian's action was arbitrary or capricious. Nothing in the bill requires a custodian to produce records in their native format. Section 3 expands the grounds permitting the filing of a civil action seeking inspection of a public record to include an allegation of a violation of the digital format provisions in the bill or a violation of record transmission provisions specified in CORA. This section also specifies that altering an existing record, or excising fields of information, to remove information that the custodian is required or allowed to withhold does not constitute the creation of a new public record. Such alteration or excision may be subject to a research and retrieval fee or a fee for the programming of data as allowed under existing provisions of CORA. Section 4 modifies CORA provisions governing the copy, printout, or photograph of a public record and the imposition of a research and retrieval fee. Among these modifications:  The bill deletes existing statutory language permitting the custodian to charge the same fee for services rendered in supervising the copying, printing out, or photographing of a public record as the custodian may charge for furnishing a copy, printout, or photograph;  The bill replaces a reference in the statute to the phrase 'manipulation of data' with the phrase 'programming, coding, or custom search queries so as to convert a record into a structured data or searchable format';  In connection with determining the amount of the fee for a paper or electronic copy of a public record, the bill specifies that, if a custodian performs programming, coding, or custom search queries to create a public record, the fee for a paper or electronic copy of that record may be based on recovery of the actual or incremental costs of performing the programming, coding, or custom search queries, together with a reasonable portion of the costs associated with building and maintaining the information systems; and  When a person makes a request to inspect or make copies or images of original public records, the bill permits the custodian to charge a fee for the time required for the custodian to supervise the handling of the records, when such supervision is necessary to protect the integrity or security of the original records. Section 5 repeals the existing criminal misdemeanor offense and penalty for a willful and knowing violation of CORA. (Note: This summary applies to this bill as introduced.) Status: 1/11/2017 Introduced In Senate ­ Assigned to State, Veterans, & Military Affairs Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Monitor/Oppose: Wed, February 15, 2017, by dcoldiron@fcgov.com (15­Feb­17) There are many concerns that this bill raises. The way the bill is written, some of the following challenges could be difficult for agencies to manage: • It appears very possible that data requests for formats that the technical staff is not familiar with could be submitted and the agency could be required to respond, requiring training, etc. • There are a very large number of possibilities of data formats that could be requested, which agencies may or may not be able to provide, creating a variety of challenges. • Many data sets in systems operated by agencies are owned, maintained and sourced by external providers. Direct access to the data or retrieval of the data within these systems may not be reasonably possible within the limits of the contractual agreements • It is very common for systems to be maintained by very limited staff resources within many agencies. Often, only one person within the organization is trained and familiar enough with the data within the system and thus capable of extracting requested data. Numerous requests could create significant resourcing challenges for an agency. Also, requests submitted during a leave of a lone technical person capable of responding would be impossible to fulfill. • Structured data is stored across all functions of an organization and maintained by a variety of staff, not just technical staff. Large numbers of data sets exist in format such as Microsoft Excel and Microsoft Access and have been developed and created by non­technical staff, such as finance analysts. Requests for these data sets could be potentially challenging for non­technical staff to respond, given the technical training and expertise needed to fulfil the request appropriately. Finally, should a significant number of requests for structured data be submitted, it is possible that there will be an increase in the workload of technology staff in many organizations sufficient to require the agency to increase permanent FTE to accommodate. N/A: Wed, February 15, 2017, by dcoldiron@fcgov.com (15­Feb­17) Dan Coldiron, CIO Status History: Status History Analyze This: Comments SB17­042 Repeal Local Government Internet Service Voter Approval Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors: K. Donovan | L. Guzman Summary: Cities, counties, special districts, and other local governments (local government) are currently prohibited, with certain limited exceptions, from providing cable television, telecommunications service, or high­speed internet access without first seeking voter approval. A local government that does provide any of these services is further required to comply with all state and federal laws and regulations governing the service and prohibited from granting certain preferences or discriminating in connection with providing the service. The bill repeals these restrictions on the provision of cable television, telecommunications service, or high­speed internet access by a local government. (Note: This summary applies to this bill as introduced.) Status: 2/13/2017 Senate Committee on Business, Labor, & Technology Postpone Indefinitely Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Status History: Status History Analyze This: SB17­045 Construction Defect Claim Allocation Of Defense Costs Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors: A. Williams | K. Grantham / C. Wist | C. Duran Summary: In a construction defect action in which more than one insurer has a duty to defend a party, the bill requires the court to apportion the costs of defense, including reasonable attorney fees, among all insurers with a duty to defend. An initial order apportioning costs must be made within 90 days after an insurer files its claim for contribution, and the court must make a final apportionment of costs after entry of a final judgment resolving all of the underlying claims against the insured. An insurer seeking contribution may also make a claim against an insured or additional insured who chose not to procure liability insurance for a period of time relevant to the underlying action. A claim for contribution may be assigned and does not affect any insurer's duty to defend. (Note: This summary applies to this bill as introduced.) Status: 2/8/2017 Senate Committee on Business, Labor, & Technology Refer Amended to Appropriations Fiscal Notes Status: Fiscal impact for this bill Analyze This Support: Tue, January 24, 2017, by Tleeson@fcgov.com Comments: (24­Jan­17) SB17­045 primarily benefits builders by providing an answer early on in litigation regarding which insurers are on the hook for the costs of defense. The determination of liability for the costs of defense early on is meant to incentivize builders who might otherwise balk at taking on certain projects because of the uncertainty regarding whether the costs of defense will be covered, or whether a builder may need to fund their defense and fight with insurance after the fact over payment. N/A: Tue, January 24, 2017, by Tleeson@fcgov.com (24­Jan­17) The City Council desires to encourage affordable residential condominium construction in Fort Collins through the efficient and fair resolution of construction defect claims, without compromising the rights and remedies condominium homeowners associations and individual condominium owners have under state law. N/A: Tue, January 24, 2017, by Tleeson@fcgov.com (24­Jan­17) Tom Leeson Status History: Status History Analyze This: Comments SB17­059 Roundabout Turn And Lane Change Signal Comment: Position: Monitor Calendar Notification: NOT ON CALENDAR News: Sponsors: K. Lundberg / J. Singer Summary: Currently, a person must signal an intention to turn before turning or changing lanes while driving a vehicle. The bill exempts motor vehicles that are using a roundabout unless otherwise posted. (Note: This summary applies to this bill as introduced.) Status: 2/10/2017 Senate Third Reading Lost ­ No Amendments Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Status History: Status History Analyze This: Comments SB17­063 Marijuana Club License Comment: Position: Oppose Calendar Notification: NOT ON CALENDAR News: Sponsors: V. Marble / J. Melton Summary: The bill creates a marijuana consumption club (club) license. The license is subject to the same licensing requirements as other retail marijuana licenses. The license may be issued to a person who operates an establishment where retail or medical marijuana may be sold and consumed. The club's sales are limited to the same limits as a retail marijuana store or a medical marijuana center. The club may not serve food prepared on site or alcohol. Entry to the club is restricted to those persons at least 21 years of age. A club shall purchase its marijuana, marijuana concentrate, or marijuana products from a licensed marijuana business or get a cultivation license and sell its own marijuana. A club may not permit outside marijuana, marijuana concentrate, or marijuana products. All marijuana, marijuana concentrate, or marijuana products must be consumed or disposed of on site. A club and its employees shall successfully complete a responsible vendor program annually. A club has the same immunity to a lawsuit for an injury caused by a club patron that a bar enjoys. The bill allows a local government to permit clubs in its jurisdiction. If a local government permits clubs, it may require the clubs to be licensed. In order to operate as a club, the club must comply with the local and state licensing regulations. A club is exempt from the 'Colorado Clean Indoor Air Act' for marijuana consumption purposes if it is fully ventilated. Public display, consumption, or use in a club is not a criminal offense. (Note: This summary applies to this bill as introduced.) Status: 1/13/2017 Introduced In Senate ­ Assigned to Business, Labor, & Technology Fiscal Notes Status: Fiscal note currently unavailable Analyze This Comments: Monitor: Thu, January 26, 2017, by Wanda Winkelmann, City Clerk (rknoll@fcgov.com) (26­Jan­17) As this bill is written, the marijuana club would get an exception to the Colorado Clean Indoor Act if it is “fully vented.” “Fully vented” is not clearly defined and neighboring businesses are likely to lodge odor complaints. The bill also lacks clarity in defining the quantity of marijuana a club can buy (in a single transaction) for resale from a center/store, cultivation, etc. Staff is unlikely to recommend that Council allow marijuana clubs in FC. Status History: Status History Analyze This: Comments SB17­082 Regulation Of Methadone Treatment Facilities Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors: K. Lambert / P. Lundeen Summary: Current law requires the department of human services to establish standards for facilities that treat drug abusers or dispense controlled substances to drug abusers. This authority includes standards for methadone treatment facilities. The bill defines methadone treatment facilities, removes regulatory authority over methadone treatment facilities from the department of human services, and authorizes regulatory authority of methadone treatment facilities by the department of public health and environment. The bill requires additional standards for methadone treatment facilities, including minimum distances for such facilities from schools, colleges, residential child care facilities, and public parks, and a disclosure of infractions by the owner of the facility, its holding company, and any other entity under the holding company. When infractions are disclosed, the department must determine whether the public interest requires denial of an application or other remedial action. The bill also specifies that a methadone treatment facility is not a medical clinic for zoning purposes. (Note: This summary applies to this bill as introduced.) Status: 1/13/2017 Introduced In Senate ­ Assigned to Health & Human Services Fiscal Notes Status: Fiscal note currently unavailable Analyze This Comments: Support: Fri, January 27, 2017, by jschiager@fcgov.com (27­Jan­17) I believe that there could be risks associated with these clinics and regulating them and where they can be in a reasonable way makes sense. Yes: Fri, January 27, 2017, by jschiager@fcgov.com (27­Jan­17) From a public safety standpoint it makes sense to regulate these clinics. Status History: Status History Analyze This: Comments SB17­085 Increase Documentary Fee & Fund Attainable Housing Comment: Position: Oppose Calendar Notification: NOT ON CALENDAR News: Sponsors: R. Zenzinger Summary: Currently, each county clerk and recorder collects a surcharge of one dollar for each document received for recording or filing in his or her office. The surcharge is in addition to any other fees permitted by statute. Section 2 of the bill raises the amount of the surcharge to $5 for documents received for recording or filing on or after January 1, 2018. Out of each $5 collected, the bill requires the clerk to retain one dollar to be used to defray the costs of an electronic or core filing system in accordance with existing law. The bill requires the clerk to transmit the other $4 collected to the state treasurer, who is to credit the same to the statewide attainable housing investment fund (fund). Section 3 creates the fund in the Colorado housing and finance authority (authority). The bill specifies the source of moneys to be deposited into the fund and that the authority is to administer the fund. The bill directs that, of the moneys transmitted to the fund by the state treasurer, on an annual basis, not less than 25% of such amount must be expended for the purpose of supporting new or existing programs that provide financial assistance to persons in households with an income of up to 80% of the area median income for the purpose of allowing such persons to finance, purchase, or rehabilitate single family residential homes as well as to provide financial assistance to any nonprofit entity and political subdivision that makes loans to persons in such households to enable such persons to finance, purchase, or rehabilitate single family residential homes. Section 3 also requires the authority to submit a report, no later than June 1 of each year, specifying the use of the fund during the prior calendar year to the governor and to the senate and house finance committees. (Note: This summary applies to this bill as introduced.) Status: 2/13/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Support: Tue, January 24, 2017, by Beth Sowder (Bsowder@fcgov.com) (24­Jan­17) From Social Sustainability Department: Support this bill. Any additional state funding for affordable housing is welcome. While clear that at least 25% of the funds should be directed to home buyers assistance (finance, purchase or rehabilitate single family residential homes), the bill is not clear on how the other funds will be deployed to "assist members of the missing middle to obtain housing or housing that is targeted to households with incomes up to 80% area median income (AMI). We believe that 80% AMI is the beginning of the "missing middle". We are unclear whether the additional funds could be used for households earning more than 80% AMI. In some parts of the state, going above 80% AMI would make sense if looking to reach middle wage earners. From Housing Catalyst: Fully support this bill. Strongly recommend that the Colorado Housing Finance Authority be the entity to administer it, and they have the greatest capacity and knowledge of the complex, sophisticated financing/underwriting structures it takes to develop vibrant affordable housing that is both financially and environmentally sustainable. There are rumors that there may be other entities vying to administer this fund, some of which Housing Catalyst would not support. This is an important nuance, and one worth mentioning/watching. N/A: Tue, January 24, 2017, by Beth Sowder (Bsowder@fcgov.com) (24­Jan­17) Yes N/A: Tue, January 24, 2017, by Beth Sowder (Bsowder@fcgov.com) (24­Jan­17) Sue Beck­Ferkiss Status History: Status History Analyze This: Comments SB17­086 Authorize Local Governments Inclusionary Housing Programs Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors: S. Fenberg Summary: In 1981, the general assembly enacted legislation that prohibits counties and municipalities (local governments) from enacting any ordinance or resolution that would control rent on private residential property. The bill clarifies that an ordinance or resolution that would control rent on either private residential property or a private residential housing unit does not include an ordinance or resolution enacted by a county or a municipality that establishes, as a condition of obtaining approval for the development of a project, inclusionary housing or inclusionary zoning requirements. As used in the bill, 'inclusionary housing' or 'inclusionary zoning' means a program enacted legislatively and with opportunity for public input that requires, as a condition of obtaining approval for the development of a project, the provision of residential units affordable to and occupied by owners or tenants whose household incomes do not exceed a limit that is established in the ordinance or resolution. The bill specifies different components that may be included in an inclusionary housing program. (Note: This summary applies to this bill as introduced.) Status: 2/6/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Support: Tue, January 24, 2017, by Beth Sowder (Bsowder@fcgov.com) (24­Jan­17) From Social Sustainability Department: We support this bill. By removing the legal barrier to using inclusionary housing for rental housing, it would provide a policy tool that is currently prohibited. One technical comment ­ in section 38­12­301 (2.5) (b) (v) "may" is used and we think shall or must would be appropriate. From Housing Catalyst: Support ­ no further comments. N/A: Tue, January 24, 2017, by Beth Sowder (Bsowder@fcgov.com) (24­Jan­17) Yes N/A: Tue, January 24, 2017, by Beth Sowder (Bsowder@fcgov.com) (24­Jan­17) Sue Beck­Ferkiss Status History: Status History Analyze This: Comments SB17­089 Allow Electric Utility Customers Install Energy Storage Equipment Comment: Position: Monitor Calendar Notification: NOT ON CALENDAR News: Sponsors: S. Fenberg Summary: The bill declares that consumers of electricity have a right to install and use electricity storage systems on their property, and this will enhance the reliability and efficiency of the electric grid, save money, and reduce the need for additional electric generation facilities. The bill directs the Colorado public utilities commission to adopt rules under which:  Residential and small commercial consumers can install electricity storage systems with a discharge rate of up to 25 kilowatts (kW) alternating current (AC) for later use or to provide backup in case of an outage;  The utility and interconnection approval process for photovoltaic plus storage systems must be simple and streamlined, subject to electrical code and safety requirements but not more complex than existing approval requirements for photovoltaic installations;  A utility whose customer installs electricity storage must use only a single revenue meter unless the storage system exceeds a discharge rate of 25 kW AC; and  Any applicable standby charges, minimum charges, additional meter charges, or other fees or charges are identical as between customers with electricity storage systems and those without. (Note: This summary applies to this bill as introduced.) Status: 2/8/2017 Senate Committee on Business, Labor, & Technology Postpone Indefinitely Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Monitor/Oppose: Fri, January 27, 2017, by TMcCollough@fcgov.com (27­Jan­17) There are several key points in the proposed bill that Fort Collins Utilities finds agreement with. Namely: 1. The primary purpose of the electricity storage is “for later use by the customer” or “to provide backup” during an outage; 2. Interconnection reviews or rules to be sufficient to ensure basic safety. There are several key points in the proposed bill that Fort Collins Utilities finds problematic. 1. Utilities should have the ability to establish their own interconnection requirements which may be more complicated than the 4 CCR 723­3, Rule 3667 procedures based on the configuration and complexities of their system. All utilities should have the ability to meter energy generation, storage discharge and consumption as needed in order to plan for system load flows and recover costs needed to maintain the electric system. 2. Inherent to higher penetration of solar generation with battery storage is a more complex distribution system that requires a higher degree of maintenance, operation, and planning. This fact may require that the approval process become more complex in order to ensure the safe, reliable operation of the electric distribution system. 3. We suggest language that considers Home Rule Municipal Utilities similar to the RES legislation: Each provider of retail electric service in the state of Colorado, other than municipally owned utilities shall be considered a qualifying retail utility. Each qualifying retail utility, with the exception of cooperative electric associations that have voted to exempt themselves from commission jurisdiction pursuant to section 40­9.5­104 and municipally owned utilities, shall be subject to the rules established under this article by the commission. 4. Limiting utilities to a single revenue meter will make it difficult or impossible for utilities to offer incentives, programs, or alternate rate structures where additional metering may be required to administer the program. The same may be the case for utility­owned systems on customer premises. Also, the utility may have to require more than one meter in order to measure energy generation separately from energy consumption. This information is important to the distribution system planning process and reliable operation. This requirement should be left up to the utility; barring the utility from being able to monitor what is being done to it's system could lead to power quality and/or system protection issues. a. If there is the need to meter the generation separately, additional fees should be allowed for the utility to recover costs. b. Distributed generation systems with storage have the potential to charge and discharge at times dissimilar to systems without storage. That difference could necessitate different standby and meter charges. 5. Several utilities in Colorado already have higher charges for solar net metering customers than solar non net­metering customers. This bill as drafted would have consequences for those utilities immediately. 6. With Time of Use rates, it will be economically beneficial to an electric customer to install a battery and take energy from the utility off­peak and push it back to the utility on peak. Without mitigation this could result in higher carbon emissions due to: a. Losses in the system. The loads that are supported by the storage system when discharging will require more energy a higher energy use due to losses in the system when charging the storage system. a. The Carbon Intensity of Off­Peak Generation: Energy is more carbon intensive during off­peak hours due to the prevalence and amount of fossil (coal) baseload generation. 7. If the storage systems are limited to only provide energy behind the meter during times of electric outage, or a means to self­consume solar energy that a customer has behind the meter, this would not significantly impact the operations of electric utilities. a. We suggest that the bill NOT restrict the utilities from limiting customers from pushing energy from the storage systems across the meter back onto the grid without approval. We also suggest no restrictions for utilities to create special rate structures and operational requirements for this Storage­To­ Grid (STG) mode of operation. In order for battery systems to realize full financial benefit to a customer, the ancillary services that a storage system could provide to the bulk electric systems will only be realized by a customer participating in energy markets through their utility who is a market participant. a. We suggest that the utility be allowed to restrict the ability of a storage system to push onto the grid. Especially since a 25 KVA system could result in distribution infrastructure investment which would not otherwise be necessary. This amount of distributed generation could cause localized overloading of equipment and voltage and/or power quality problems should STG be allowed. a. Customers with generation and storage could provide nearly all of their own energy needs without taking any energy from the Utility and still utilize the utility service as a backup source of energy. Since utilities generally recover their fixed infrastructure costs through a volumetric charge [kWh], storage and solar coupled with this restriction on special rates will not allow the utility to recover the infrastructure costs for this subset of customers and therefore all other customers would be covering these fixed costs. Yes: Fri, January 27, 2017, by TMcCollough@fcgov.com (27­Jan­17) Tim McCollough, Light & Power Operations Manager Adam Bromley, Smart Grid & System Operations Manager Status History: Status History Analyze This: Comments SB17­092 Immunity Peace Officer Background Checks Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors: R. Zenzinger / J. Melton Summary: Under current law, when a law enforcement agency interviews a candidate for a peace officer position and that candidate previously worked for a state or local law enforcement agency or governmental agency, the candidate must execute a waiver that allows the previous employer to release the candidate's personnel file to the interviewing agency. The bill requires the candidate to also sign a waiver releasing his or her personnel file related to employment with a private entity to the interviewing agency. (Note: This summary applies to this bill as introduced.) Status: 2/6/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Support: Fri, January 27, 2017, by Jschiager@fcgov.com (27­Jan­17) Complete background checks for police officer candidates are essential for the public trust. FCPS already requires these waivers. Making it state law helps brig other departments up to this standard. Yes: Fri, January 27, 2017, by Jschiager@fcgov.com (27­Jan­17) Contributes to public safety and public trust in law enforcement. Status History: Status History Analyze This: Comments SB17­098 Mobile Home Parks Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors: J. Kefalas / J. Ginal Summary: Notice of sale of a mobile home park. Where the home owners within a mobile home park (park) have formed either a homeowners' association or a cooperative, section 2 of the bill specifies that, not less than 30 days nor more than one year prior to, an owner of a park either entering into a written listing agreement for the sale of the park or making an offer to sell the park to any party must provide written notice to the president, secretary, and treasurer of any homeowners' association or cooperative of the owner's intention to sell the park. The bill specifies certain circumstances in which the park owner is not required to satisfy these notice requirements. During the notice period required by the bill, the owner or management of the park may consider any offer to purchase the park that has been made by a homeowners' association or cooperative of such home owners as long as the association or cooperative is open to all home owners. The owner of the park may consider any reasonable offer made by an association or cooperative representing the home owners and negotiate in good faith with them. If an agreement to purchase the community is reached during the notice period specified in the bill, the association or cooperative has a reasonable time beyond the expiration of such period, if necessary, to obtain financing for the purchase. The bill explicitly specifies that these provisions do not give any home owner or group of home owners within a park any right of first refusal. Terms of written rental agreement. Section 3 permits a written rental agreement for a tenancy in a park to contain a clause that encourages the use of mediation or another form of alternative dispute resolution to resolve any controversy by or among owners, management, and home owners within parks. Alternative dispute resolution. In any controversy between management and a home owner of a park arising out of the bill, except for the nonpayment of rent or in cases in which the health or safety of other home owners is in imminent danger, section 4 permits the parties to submit the dispute to another form of alternative dispute resolution in addition to mediation prior to the filing of a forcible entry and detainer lawsuit. The choice of alternative dispute resolution methods is dependent upon agreement of the parties. Under section 4, the general assembly also encourages the owners and management of parks and home owners within such parks to make use of the state office of dispute resolution to resolve any controversy by or among them in addition to local government agencies and community­based nonprofit organizations that are created and empowered to mediate disputes between or among the owners and management of parks and home owners within such parks. Subtraction of gain from sale of park from calculation of federal taxable income for state income tax purposes. For income tax years commencing on or after January 1, 2018, section 5 subtracts from federal taxable income the following amount of the gain recognized from the sale or exchange of a park where the party purchasing the park is a county, municipality, local housing authority, nonprofit corporation, homeowners' association, or a cooperative:  100% of the recognized gain for a mobile home park with 50 or fewer lots; and  50% of the recognized gain for a mobile home park with more than 50 lots. Encouragement of the preservation and development of mobile and manufactured home parks through county and municipal master plans. Recognizing the importance of manufactured housing as an option for many households, under sections 6 and 7 , counties and municipalities, as applicable, are required to encourage through either their master plans or other land use or planning documents adopted by the particular governmental body the preservation of existing parks and the development of new manufactured home parks within their territorial boundaries, including increasing opportunities for parks that are owned by the owners of homes within the park. Whenever an existing park is located in a hazardous area, the county or municipality, as applicable, is required to make every reasonable effort to reduce or eliminate the hazard, when feasible, or to help mitigate the loss of housing through the relocation of affected households. (Note: This summary applies to this bill as introduced.) Status: 2/13/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Support: Thu, February 09, 2017, by Beth Sowder (Bsowder@fcgov.com) (09­Feb­17) Social Sustainability Department, Housing Catalyst, Colorado NAHRO (National Association of Housing and Redevelopment Officials), and Housing Colorado all support this bill. N/A: Thu, February 09, 2017, by Beth Sowder (Bsowder@fcgov.com) (09­Feb­17) Yes N/A: Thu, February 09, 2017, by Beth Sowder (Bsowder@fcgov.com) (09­Feb­17) Sue Beck­Ferkiss Status History: Status History Analyze This: Comments SB17­117 Recognize Industrial Hemp Agricultural Product For Agricultural Water Right Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors: D. Coram / D. Valdez | M. Catlin Summary: In Colorado, water subject to a water right may be used for the purpose for which the water is decreed. The bill confirms that a person with an absolute or conditional water right decreed for agricultural use may use the water subject to the water right for the growth or cultivation of industrial hemp if the person is registered by the department of agriculture to grow industrial hemp for commercial or research and development purposes. (Note: This summary applies to this bill as introduced.) Status: 1/27/2017 Introduced In Senate ­ Assigned to Agriculture, Natural Resources, & Energy Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Oppose: Tue, February 14, 2017, by Cwebb@fcgov.com (14­Feb­17) While this bill doesn't have any direct impacts on City operations, it may negatively impact our water rights portfolio and decrees. The bill may set a precedent for narrowly describing the appropriate use of water rights that the City owns and reducing any flexibility in using those rights in the future. No: Tue, February 14, 2017, by Cwebb@fcgov.com (14­Feb­17) While the legislative policy agenda contains statements of support for urban agriculture, it is not specific related to the production of hemp. Also, hemp is not likely to be an urban ag crop. N/A: Tue, February 14, 2017, by Cwebb@fcgov.com (14­Feb­17) Carol Webb Status History: Status History Analyze This: Comments SB17­134 Alcohol Beverage Licensee Penalty Application Comment: Position: Calendar Notification: Friday, February 17 2017 GENERAL ORDERS ­ SECOND READING OF BILLS ­ CONSENT CALENDAR (1) in senate calendar. News: Sponsors: J. Tate / D. Nordberg | L. Herod Summary: The bill limits penalties for violations relating to the sale of alcohol beverages to a visibly intoxicated or underage person that occur in a sales room for licensees operating a beer wholesaler, winery, limited winery, or distillery, or in a retail establishment, for licensees operating a brew pub, vintner's restaurant, or distillery pub, by prohibiting the licensing authority from:  Basing any fine on the estimated gross revenues of any manufacturing or wholesale activities of the licensee; and  Extending any suspension to the manufacturing or wholesale activities of the licensee. (Note: This summary applies to this bill as introduced.) Status: 2/14/2017 Senate Committee on Business, Labor, & Technology Refer Amended ­ Consent Calendar to Senate Committee of the Whole Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Neutral: Thu, February 09, 2017, by WWinkelmann@fcgov.com (09­Feb­17) We do not perceive any issues related to this bill on City Operations. Status History: Status History Analyze This: Comments SB17­136 Reporting And Limiting Civil Forfeiture Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors: D. Kagan | T. Neville / S. Humphrey | L. Herod Summary: The bill requires the division of criminal justice in the department of public safety (division) to establish and maintain a website containing:  Specified information on each criminal forfeiture involving property; and  Specified information on how each governmental agency that received proceeds from forfeitures used those proceeds. The bill requires each governmental agency involved in seizing property under forfeiture statutes (seizing agency) to update the information posted on the division's website and establishes consequences if a seizing agency fails to update the website in a timely manner. The executive director of the department of public safety (executive director) is authorized to adopt rules concerning the website. The state auditor is required to annually perform a financial audit of seized property and expenditures of forfeiture proceeds and submit a report on the audit to certain committees of the general assembly and to the executive director. The executive director shall submit an annual report to certain committees and officers summarizing seizure and forfeiture activities in the state. The bill prohibits a seizing agency from transferring or referring seized property to a federal governmental agency for forfeiture litigation unless the property includes currency in excess of $100,000. The bill authorizes the division to charge a seizing agency a fee when the seizing agency updates the website to offset the division's costs of developing and maintaining the website. The bill establishes a cash fund for the fees. The bill clarifies that information and reports developed pursuant to the bill are public records subject to inspection under the 'Colorado Open Records Act'. (Note: This summary applies to this bill as introduced.) Status: 1/31/2017 Introduced In Senate ­ Assigned to Judiciary Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Oppose: Tue, February 14, 2017, by jhutto@fcgov.com (14­Feb­17) 1. The reporting requirements are over burdensome and complicated and will require close cooperation with a number of reporting parties. Failure, regardless of the reason, puts us a liability to pay a fine. 2. The $100,000 lower limit on referrals to a federal agency is way too high. I do not have an exact figure; however, this accounts for less than 10% (probably more like 5%) of our requests to have a federal agency work a forfeiture for us. Our smaller seizures add to a figure that helps defray our operating costs, but we will see very little assistance if that limit is in place. 3. There is a potential that seizure information would be available to the public while a long­term investigation is still on­going. This could compromise an investigation and potentially create a safety issue for detectives or confidential informants involved in these cases. N/A: Tue, February 14, 2017, by jhutto@fcgov.com (14­Feb­17) Lt. Dave Pearson Status History: Status History Analyze This: Comments SB17­141 Low­risk Sex Offender Community­based Treatment Comment: Position: Calendar Notification: Wednesday, February 22 2017 SENATE JUDICIARY COMMITTEE 1:30 PM SCR 352 (2) in senate calendar. News: Sponsors: I. Aguilar / L. Herod Summary: The bill requires the sex offender management board, in collaboration with the department of corrections, the judicial department, and the parole board, and in consultation with sex offender research experts, to establish evidence­based criteria for the release of low­risk offenders. The bill requires the department of corrections to allow a low­risk sex offender to complete his or her required treatment in a community­based program if the department does not have sufficient prison­based treatment for the offender. The bill prohibits the parole board from denying parole to a low­risk sex offender because the offender did not complete treatment if the offender is seeking release to complete treatment in a community­based program. (Note: This summary applies to this bill as introduced.) Status: 1/31/2017 Introduced In Senate ­ Assigned to Judiciary Fiscal Notes Status: Fiscal note currently unavailable Analyze This Comments: Oppose: Mon, February 13, 2017, by Jschiager@fcgov.com (13­Feb­17) We predict this will become law and they will release a whole boat­load of “low risk” offenders into communities like Fort Collins and we will see a spike in sex assaults. We think it’s unwise that the solution to not being able to hire enough people to provide treatment and make the convicted felons satisfactorily pass through appropriate treatment programs while incarcerated, is to just release them and think the treatment issue will be handled by Probation, SOISP etc. As overwhelmed as Probation currently is, we don’t believe they are adequately staffed to provide appropriate sex offender treatment to “low risk” offenders, either. It will be a very difficult story for us to tell the victims of sexual assault by “low risk” offenders released into our community that they were sexually assaulted because the legislature decided to release them to save some money. N/A: Mon, February 13, 2017, by Jschiager@fcgov.com (13­Feb­17) Dave heywood Status History: Status History Analyze This: Comments SB17­143 Cleanup Alcohol Beverage Retail Sales Comment: Position: Calendar Notification: Friday, February 17 2017 GENERAL ORDERS ­ SECOND READING OF BILLS (2) in senate calendar. News: Sponsors: A. Williams / A. Garnett | D. Nordberg Summary: In the 2016 legislative session, the general assembly enacted Senate Bill 16­ 197, which changed the system for licensing establishments that are authorized to sell alcohol beverages in sealed containers to customers for consumption off the licensed premises, referred to as the 'retail sale' or 'sale at retail' of alcohol beverages. Some of the changes made by the 2016 legislation include:  Authorizing persons licensed to sell at retail on or before January 1, 2016, to obtain multiple retail licenses, subject to a tiered schedule, to restrictions based on proximity to another retail licensed premises, and to other requirements and limitations;  Allowing retail liquor stores to sell a broad array of nonalcohol products, subject to a 20% limit on gross sales revenue from the sale of nonalcohol products;  Requiring retail licensees to check the identification of consumers purchasing alcohol beverages to verify that they are at least 21 years of age;  Prohibiting employees of certain alcohol beverage licensees who are under 21 years of age from selling malt, vinous, or spirituous liquors; and  Changing the hours during which fermented malt beverages may be sold from between 5 a.m. and 12 midnight to between 8 a.m. and 12 midnight. The bill modifies portions of the 2016 legislation as follows:  Modifies the definition of a liquor­licensed drugstore to specify that the licensee need not be a drugstore but must have a licensed drugstore within its premises ( section 1 );  Excludes revenues from the sale of cigarettes, tobacco products, nicotine products, and lottery products from the calculation of the cap on a retail liquor store's gross revenues from the sale of nonalcohol products ( sections 1 and 3 );  Imposes the proximity restrictions on a retail liquor store that is seeking permission to relocate its premises to ensure the new location is not within 1,500 feet of another business licensed to sell at retail, or, if in a small town, within 3,000 feet of another business with a retail sales license ( section 2 );  Allows a liquor­licensed drugstore that applied for a new liquor­licensed drugstore license before October 1, 2016, to obtain multiple retail licenses, subject to the schedule established in the 2016 legislation ( section 4 );  Allows a corporation member of a controlled group of corporations that owns or has an interest in a liquor­licensed drugstore to obtain interests in additional liquor­licensed drugstores in the same manner as any other member of the controlled group, but the entire group is subject to the limits on the total number of multiple licenses allowed under current law; ( section 4 )  Restores the hours for permitted sales of fermented malt beverages to between 5 a.m. and 12 midnight ( section 5 );  Clarifies that employees of a licensed tavern or lodging and entertainment facility that regularly serves meals, which employees are under 21 years of age, are not prohibited from selling alcohol beverages ( section 5 );  Repeals the requirement that retail sales licensees check customers' identification to verify their age ( sections 4 and 5 ); and  Exempts liquor­licensed drugstores from the prohibition against having an automated teller machine on the premises from which individuals enrolled in public assistance programs administered by the department of human services may obtain cash benefits through the electronic benefits transfer service ( section 6 ). (Note: This summary applies to this bill as introduced.) Status: 2/13/2017 Senate Committee on Business, Labor, & Technology Refer Amended to Senate Committee of the Whole Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Neutral: Thu, February 09, 2017, by WWinkelmann@fcgov.com (09­Feb­17) There are no perceived impacts on City Operations. Status History: Status History Analyze This: Comments SB17­145 Electric Utility Distribution Grid Resource Acquisition Plan Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors: S. Fenberg / M. Foote Summary: The bill directs specified electric utilities to prepare, and the Colorado public utilities commission to review, proposals to integrate distributed energy resources into their plans to acquire new infrastructure. 'Distributed energy resources' is defined to include renewable distributed generation facilities, such as rooftop solar, energy storage facilities, electric vehicles, and other features of an improved and diversified electrical grid architecture. The commission may approve the plans as submitted or modify them in ways that improve system reliability, reduce costs, or increase the benefits to ratepayers. (Note: This summary applies to this bill as introduced.) Status: 2/15/2017 Senate Committee on Agriculture, Natural Resources, & Energy Postpone Indefinitely Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: No Effect: Fri, February 10, 2017, by TMcCollough@fcgov.com (10­Feb­17) This bill does not apply to municipal utilities, therefore has no impact on City Operations. No Effect: Fri, February 10, 2017, by TMcCollough@fcgov.com (10­Feb­17) This bill does not apply to municipal utilities, therefore has no alignment with City Legislative Policy N/A: Fri, February 10, 2017, by TMcCollough@fcgov.com (10­Feb­17) We would not offer testimony on this bill as it does not apply to Fort Collins. Status History: Status History Analyze This: Comments SB17­155 Statutory Definition Of Construction Defect Comment: Position: Calendar Notification: Monday, February 27 2017 SENATE BUSINESS, LABOR, & TECHNOLOGY COMMITTEE 2:00 PM Room 271 (3) in senate calendar. News: Sponsors: J. Tate / L. Saine Summary: The bill separately defines and clarifies the term 'construction defect' in the 'Construction Defect Action Reform Act'. (Note: This summary applies to this bill as introduced.) Status: 2/3/2017 Introduced In Senate ­ Assigned to Business, Labor, & Technology Fiscal Notes Status: Fiscal note currently unavailable Analyze This Comments: Support: Wed, February 15, 2017, by Tleeson@fcgov.com (15­Feb­17) Hard to understand the intent of this change as the new definition of construction defect is similar to the existing language. Does not appear to be a significant change. N/A: Wed, February 15, 2017, by Tleeson@fcgov.com (15­Feb­17) Tom Leeson Status History: Status History Analyze This: Comments SB17­156 Homeowners' Association Construction Defect Lawsuit Approval Timelines Comment: Position: Calendar Notification: Monday, February 27 2017 SENATE BUSINESS, LABOR, & TECHNOLOGY COMMITTEE 2:00 PM Room 271 (2) in senate calendar. News: Colorado construction defect housing effort similar to past attempts that ended in failure Sponsors: O. Hill / L. Saine | C. Wist Summary: The bill states that when the governing documents of a common interest community require mediation or arbitration of a construction defect claim and the requirement is later amended or removed, mediation or arbitration is still required for a construction defect claim. These provisions are in section 3 of the bill. Section 3 also specifies that the mediation or arbitration must take place in the judicial district in which the community is located and that the arbitrator must:  Be a neutral third party;  Make certain disclosures before being selected; and  Be selected as specified in the common interest community's governing documents or, if not so specified, in accordance with applicable state or federal laws governing mediation or arbitration. Section 1 of the bill specifies that, in the arbitration of a construction defect action, the arbitrator is required to follow the substantive law of Colorado with regard to any applicable claim or defense and any remedy granted, and a failure to do so is grounds for a district court to vacate or refuse to confirm the arbitrator's award. Section 4 of the bill requires that, before a construction defect claim is filed on behalf of the association:  The parties must submit the matter to mediation before a neutral third party; and  The board must give advance notice to all unit owners, together with a disclosure of the projected costs, duration, and financial impact of the construction defect claim, and must obtain the written consent of the owners of units to which at least a majority of the votes in the association are allocated. Section 5 of the bill adds to the disclosures required prior to the purchase and sale of property in a common interest community a notice that the community's governing documents may require binding arbitration of certain disputes. (Note: This summary applies to this bill as introduced.) Status: 2/1/2017 Introduced In Senate ­ Assigned to Business, Labor, & Technology Fiscal Notes Status: Fiscal note currently unavailable Analyze This Comments: Support: Wed, February 15, 2017, by Tleeson@fcgov.com (15­Feb­17) The bill states that when the governing documents of a common interest community require mediation or arbitration of a construction defect claim and the requirement is later amended or removed, mediation or arbitration is still required for a construction defect claim. This is an improvement to the current law as it does not allow the dispute resolution process to be removed by a common interest community board that was put in place when the common interest community was created. This is most likely preferred by the building community and may help to alleviate some of the concerns with building these types of units, which is consistent with City policy. N/A: Wed, February 15, 2017, by Tleeson@fcgov.com (15­Feb­17) Tom Leeson Status History: Status History Analyze This: Comments SB 045 Construction Defect Claim Allocation Of Defense Costs Support 1/11 BL 2/8 SB 059 Roundabout Turn And Lane Change Signal Monitor Monitor 1/13 Trans 1/31 2/6 2/10 SB 063 Marijuana Club License Monitor Oppose 1/13 SB 082 Regulation Of Methadone Treatment Facilities Support 1/13 SB 085 Increase Documentary Fee & Fund Attainable Housing Support Oppose LTD 1/18 SA 2/13 SB 086 Authorize Local Governments Inclusionary Housing Programs Support 1/18 SA 2/6 SB 089 Allow Electric Utility Customers Install Energy Storage Equipment Monitor* Monitor Support 1/18 BL 2/8 SB 092 Immunity Peace Officer Background Checks Support 1/18 SA 2/6 SB 098 Mobile Home Parks Support 1/27 SA 2/13 SB 117 Recognize Industrial Hemp Agricultural Product For Agricultural Water OppoRsigeh*t 1/27 Ag 2/16 SB 134 Alcohol Beverage Licensee Penalty Application Monitor 1/31 BL 2/14 SB 136 Reporting And Limiting Civil Forfeiture Oppose 1/31 SB 141 Low-risk Sex Offender Community-based Treatment Oppose 1/31 Jud 2/22 SB 143 Cleanup Alcohol Beverage Retail Sales Monitor 1/31 BL 2/13 2/16 SB 145 Electric Utility Distribution Grid Resource Acquisition Plan Monitor 1/31 Ag 2/15 SB 155 Statutory Definition Of Construction Defect Support 2/3 BL 2/27 F 3/18 City of Fort Collins Legislative Tracking General Assembly Session 2017 First House Second House