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Home My WebLink AboutAgenda - Mail Packet - 3/21/2017 - Legislative Review Committee Agenda - March 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 March 21, 2017 4:00 – 5:00 p.m. Commons Conference Room, City Hall, 300 LaPorte Ave., Building A 1. Approval of minutes from March 7, 2017 Meeting (3 minutes) Attached: March 7 th Minutes 2. Agenda Review (3 minutes) 3. Update from Bowditch and Cassell (10 minutes) 4. Bill Review (20 minutes)  Bill Report here (also attached in packets)  Bill review: o Recommended support o Recommended oppose o Recommended monitor o Bills of priority for lobbyists 5. Standing agenda item: CC4CA update (10 minutes)  Verbal update, no memo attached 6. Other business (5 minutes)  NLC Summary  Status of April 4 th Meeting City Manager’s Office City Hall 300 LaPorte Ave. PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 - fax fcgov.com Legislative Review Committee Meeting Minutes March 7th, 2017 4:00 p.m. Commons Conference Room Councilmembers Present: Gino Campana, Ross Cunniff, and Ray Martinez Staff Present: Carrie Daggett, Jeff Mihelich, Jeanne Sanford, Ginny Sawyer, Lisa Rosintoski, Lindsay Ex, Tyler Marr, Jackson Brockway. The meeting came to order at 4:09pm Approval of Minutes LRC approved the minutes of the February 21st meeting (Campana was not yet present) Update from Bowditch and Cassell Jennifer Cassel overviewed the progress of the legislative session at the half-way point:  Several large policy bills are still expected. These include a large transportation bill and construction defect reform. Large actions can be expected in the last 7-14 days of the session.  Ed Bowditch attended recent CML meeting and observed CML’s focus on sales tax and marijuana legislation, including limits to plants that can be grown in a private residents.  Senator Kefalas is hosting a stakeholder meeting on his planned transportation bill. City staff and Mayor Pro Tem Horak have been invited to call in.  SB 40: Bill out of committee and moving to appropriations committee. Cassell commented that it is suspected to be postponed indefinitely.  SB 63: Marijuana Club license bill died in committee.  SB 14: Underground storage bill went to committee. The committee recommended continued stakeholder engagement before revisiting the bill. Amendments expected to be released on 3/8 and passed along to appropriate staff for reevaluation.  Debrief of legislative lunch: Gino Campana commented on success of the lunch and encouraged the LRC to increase the frequency of meetings. LRC discussed refining the online tracker and adding notes for when the tracker is updated regularly. Cassell recommended the City/LRC take more of a direct lead when reviewing bills of interest and the City’s legislative policy agenda.  Nuisance Exhaust: Update added in to exclude vehicles used for a commercial activity. Will be out of committee 3/8. Bill Review LRC took the following positions on state bills: 2 House bills: HB 1187 Change Excess State Revenues City staff did not recommend position due to broader statewide focus. LRC recommended to monitor the bill. HB 1203 Retail sales taxes on marijuana Support HB 1216 Sales And Use Tax Simplification Task Force Oppose Senate bills: SB 082 Regulation Of Methadone Treatment Facilities Monitor SB 179 Fee limits for Solar Energy Device Incentives Cassell shared that the bill has bipartisan support. Oppose SB 184 Private Marijuana Clubs Cassell shared that the bill has bipartisan support. Oppose SB 188 Innovative Motor Income Tax Credits Sunset Likely to die in the house. Monitor SB 192 Marijuana Business Efficiency Measures Oppose Standing Agenda Item: CC4CA Update No update on 3/7 Other Business Hospital Provider Fee: Bill already introduced to make it a TABOR free enterprise. LRC will adopt the position of ‘monitor’ and will not sign on to a letter. LRC recommends that the mayor does not sign on to the letter. Vote passed unanimously. Planned discussion items for NLC trip: Meetings have been set up with FRA, FTA, and Senators Bennet and Gardner and Representative Polis. Discussion topics will include:  I-25 projects.  Virtual tower projects.  Mental health and substance abuse support.  HUD funding declines and other options for affordable housing. Capital conference attendance: Ray Martinez plans to be in attendance, Gino Campana applying for attendance. Recommended staff look into applying as well. Updated: March 16, 2017 Bill # Short Title Staff Rec'd Position City Adopted Position CC4CA Position Date Intro'd 1st Committee 2nd Com. 2nd Reading 3rd Reading 1st Committee 2nd Com 2nd Reading 3rd Reading First House Repass Conf. Cmte Governor HB 1008 Graywater Regulation Exemption For Scientific Research Support* Monitor 1/11 Ag 3/13 HB 1016 Exclude Value Mineral Resources Tax Increment Financing DivisioMnonitor Monitor 1/11 LG 1/18 F 2/1 2/6 2/7 LG 2/21 2/24 2/27 HB 1032 First Responder Peer Support Testimony Privilege Support Support 1/11 Jud 1/26 1/31 2/2 Jud 2/27 3/2 3/3 3/3 HB 1035 Sex Assault and Stalking Victims may Break Lease Monitor Support 1/11 Jud 2/7 2/13 2/15 Jud 3/15 3/8 HB 1051 Procurement Code Modernization Monitor Monitor 1/11 BL 2/28 3/3 3/6 BL 3/15 HB 1065 Clarify Requirements Formation Metropolitan District Monitor Monitor 1/11 LG 2/1 2/6 2/7 LG 3/7 3/10 3/13 HB 1076 Artificial Recharge Nontributary Aquifer Rules Support Support 1/17 Ag 1/30 2/3 2/6 Ag 3/9 3/14 3/15 HB 1083 Municipal Judge Advisement for Traffic Offenses Support Support 1/18 Jud 2/21 2/24 2/27 Jud 3/20 HB 1102 Prohibit Nuisance Exhibition Motor Vehicle Exhaust Support Support 1/19 Trans 2/8 2/16 2/21 SA 3/8 HB 1116 Continue Low Income Home Energy Assistance Support Monitor Support 1/20 Trans 2/16 3/7 3/9 AG 3/10 HB 1123 Extend On-premises Retail Alcohol Beverages Sales Hours Monitor Monitor 1/24 LG 2/8 2/13 2/15 BL 3/16 HB 1151 Electrical Assisted Bicycles Regulation Operation Monitor Monitor 2/6 Trans 2/15 2/22 2/23 Trans 3/14 HB 1153 Highway Congestion Mitigation Support Monitor 2/6 Trans 3/8 HB 1162 Outstanding Judgments And Driver's Licenses Oppose Oppose 2/6 Jud 3/23 HB 1171 Authorize New Transportation Revenue Anticipation Notes Support Monitor 2/6 SA 3/29 HB 1177 Mediation For Disputes Arising Under CORA Colorado Open Records * Act Oppose 2/6 SA 3/16 HB 1187 Change Excess State Revenues Cap Growth Factor Monitor 2/14 F 2/27 3/7 3/9 SA 3/20 HB 1190 Limited Applicability Of St. Jude's Co. Water Case Support 2/17 Ag 3/13 HB 1193 Small Cell Facilities Permitting And Installation Monitor 2/21 BL 2/21 3/3 3/7 LG 3/21 HB 1203 Local Government Special Sales Tax On Retail Marijuana Monitor* Support 2/23 LG 3/8 3/13 3/27 HB 1216 Sales And Use Tax Simplification Task Force * Oppose 2/28 BL 3/21 HB 1219 Extend Colorado Water Conservation Board Fallowing And Leasing Pilot Program 3/2 Ag 3/20 HB 1229 Worker's Compensation for Mental Impairment 3/6 HE 3/21 HB 1230 Protect CO residents from Federal Gov't Overreach 3/6 Jud 3/16 HB 1233 Protect Water Historical Consumptive Use Analysis 3/7 Ag 3/20 HB 1242 New Transportation Infrastructure Funding Revenue 3/8 Trans 3/22 SB 014 Limits On Underground Storage Tank Regulation Oppose* Monitor 1/11 Trans 1/31 2/3 2/6 Trans 4/16 SB 021 Assistance To Released Mentally Ill Offenders Support Monitor 1/11 Jud 3/15 SB 040 Public Access To Government Files Monitor* Oppose unless Bill # Short Title Staff Rec'd Position City Position Date Intro'd 1st Committee 2nd Committe e 2nd Reading 3rd Reading 1st Committee 2nd Committ ee 2nd Reading 3rd Reading First House Repass Conf. Cmte Governor SB 155 Statutory Definition Of Construction Defect Support Support 2/3 BL SB 156 Homeowners' Association Construction Defect Lawsuit Approval Timelines Support Support 2/1 BL 2/27 3/6 3/7 SB 179 Fee Limits For Solar Energy Device Installations Oppose* Oppose 2/14 F 2/23 2/28 3/1 Trans 2/23 SB 184 Private Marijuana Clubs Open And Public Use Monitor Oppose 2/14 BL 3/1 3/8 3/9 SB 188 Repeal Income Tax Credit Innovative Motor Vehicles Oppose Monitor 2/14 F 2/28 SB 192 Marijuana Business Efficiency Measures Oppose* Oppose 2/14 BL 3/8 F 2/14 SB 205 Multimodal Transportation Infrastructure Funding 2/28 SB 213 Automated Driving Motor Vehicles 3/7 Trans 3/16 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 Bill no longer active (gray) Bill passed, date of action (green) First House Second House Bill scheduled in committee of reference (yellow) Bill status Legislative committee action scheduled, date and time (yellow) Bill postponed indefinitely or lost, date of action (red) HB17-1008 Graywater Regulation Exemption For Scientific Research Comment: Position: Monitor Calendar Notification: Wednesday, March 15 2017 Agriculture, Livestock, & Natural Resources Upon Adjournment Room 0107 (1) in house 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 Comments: Neutral: Tue, February 14, 2017, by ddustin@fcgov.com (14-Feb-17) Impact to the Fort Collins Utilities Water Resources Division will be little to none, since the bill supports exemption for scientific research. Support: Thu, February 16, 2017, by Cwebb@fcgov.com (16-Feb-17) While this bill doesn't have a specific impact on operations, staff generally supports graywater reuse and any research that could improve on the technology. Support: Tue, February 14, 2017, by ddustin@fcgov.com (14-Feb-17) 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. Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 1 of 37 3/15/2017 10:19 AM Yes: Thu, February 16, 2017, by Cwebb@fcgov.com (16-Feb-17) Support for water conservation and reuse. Neutral: Tue, February 14, 2017, by ddustin@fcgov.com (14-Feb-17) Suggest Liesel Hans, Water Conservation Manager Yes: Thu, February 16, 2017, by Cwebb@fcgov.com (16-Feb-17) Liesel Hans Status History: Status History Analyze This: Comments HB17-1016 Exclude Value Mineral Resources Tax Increment Financing Division Comment: Position: Monitor Calendar Notification: NOT ON CALENDAR News: Sponsors: L. Saine | M. Gray / B. Martinez Humenik | R. Zenzinger 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. The bill defines the terms 'mineral resources' and 'valuation attributable to the extraction of mineral resources.' (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 3/8/2017 Governor Signed Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Neutral: Tue, January 31, 2017, by prowe@fcgov.com (31-Jan-17) 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 HB17-1032 First Responder Peer Support Testimony Privilege Comment: Position: Support Calendar Notification: NOT ON CALENDAR News: Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 2 of 37 3/15/2017 10:19 AM 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 at-risk persons to the list of crimes. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 3/8/2017 Sent to the Governor Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Strongly Support: Fri, January 20, 2017, by Jschiager@fcgov.com (20-Jan-17) 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 (20-Jan-17) This change allows us to better provide support to police officers. Yes: Fri, January 20, 2017, by Jschiager@fcgov.com (20-Jan-17) 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 HB17-1035 Sex Assault And Stalking Victims May Break Leases Comment: Position: Support Calendar Notification: Wednesday, March 15 2017 SENATE JUDICIARY COMMITTEE 1:30 PM SCR 352 (2) in senate 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 Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 3 of 37 3/15/2017 10:19 AM 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: No fiscal impact for this bill Analyze This Comments: Neutral: Fri, January 27, 2017, by Jschiager@fcgov.com (27-Jan-17) 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 (27-Jan-17) 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 HB17-1051 Procurement Code Modernization Comment: Position: Monitor Calendar Notification: Wednesday, March 15 2017 SENATE BUSINESS, LABOR, & TECHNOLOGY COMMITTEE 2:00 PM SCR 354 (3) in senate 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, Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 4 of 37 3/15/2017 10:19 AM 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. Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 5 of 37 3/15/2017 10:19 AM 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: 3/7/2017 Introduced In Senate - Assigned to Business, Labor, & Technology Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: N/A: Wed, February 22, 2017, by gspaul@fcgov.com (22-Feb-17) The City Attorney's Office has confirmed the Procurement Code expressly applies only to "governmental bodies of the executive branch of the state." The proposed amendments to HB 17-1051 Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 6 of 37 3/15/2017 10:19 AM do not change this applicability provision. Therefore, the State's Procurement Code is not applicable to the City. From time-to-time the City does utilize cooperative purchases executed by the State of Colorado. However, I do not anticipate the changes to the Procurement Code to impact the City leveraging certain cooperative purchases. Status History: Status History Analyze This: Comments HB17-1065 Clarify Requirements Formation Metropolitan District Comment: Position: Monitor Calendar Notification: NOT ON 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 the reengrossed version of this bill as introduced in the second house.) Status: 3/13/2017 Senate Third Reading Passed - No Amendments Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Status History: Status History Analyze This: HB17-1076 Artificial Recharge Nontributary Aquifer Rules Comment: Position: Support Calendar Notification: Wednesday, March 15 2017 THIRD READING OF BILLS - FINAL PASSAGE (3) in senate 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.) Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 7 of 37 3/15/2017 10:19 AM Status: 3/14/2017 Senate Second Reading Passed - No Amendments Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Strongly Support: Mon, January 30, 2017, by ddustin@fcgov.com (30-Jan-17) 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 (30-Jan-17) 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 (30-Jan-17) Donnie Dustin, Water Resources Manager ALSO - Eric Potyondy, Assistant City Attorney - given legal nature of bill Status History: Status History Analyze This: Comments HB17-1083 Municipal Judge Advisement For Traffic Offenses Comment: Position: Support Calendar Notification: Monday, March 20 2017 SENATE JUDICIARY COMMITTEE 1:30 PM SCR 352 (2) in senate calendar. News: Sponsors: L. Liston / B. Gardner Summary: House Bill 16-1309 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 for which the penalty is only a fine and for which jail is not a possibility. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 2/28/2017 Introduced In Senate - Assigned to Judiciary Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Support: Sun, January 22, 2017, by klane@fcgov.com (22-Jan-17) This bill would soften the impact of HB 16-1309 by limiting the types of cases to which C.R.S. Section 16-7-207 applies. It supports our current, more efficient arraignment process relating to minor traffic violations. N/A: Mon, January 30, 2017, by jsanford@fcgov.com (30-Jan-17) No legal objections to this bill Amend: Wed, February 01, 2017, by klane@fcgov.com (01-Feb-17) 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 Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 8 of 37 3/15/2017 10:19 AM 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 (30-Jan-17) No legal objections to this bill Status History: Status History Analyze This: Comments HB17-1116 Continue Low-income Household Energy Assistance Comment: Position: Monitor Calendar Notification: NOT ON CALENDAR News: Sponsors: T. Exum | M. Hamner / B. Martinez Humenik Summary: Current law provides that the department of human services low-income energy assistance fund, the energy outreach Colorado low-income energy assistance fund, and the Colorado energy office low-income 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: 3/10/2017 Introduced In Senate - Assigned to Agriculture, Natural Resources, & Energy Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Support: Mon, February 06, 2017, by Lrosintoski@fcgov.com (06-Feb-17) 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 (06-Feb-17) 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 (06-Feb-17) Lisa Rosintoski Status History: Status History Analyze This: Comments HB17-1123 Extend On-premises Retail Alcohol Beverages Sales Hours Comment: Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 9 of 37 3/15/2017 10:19 AM Position: Monitor Calendar Notification: Thursday, March 16 2017 GENERAL ORDERS - SECOND READING OF BILLS (1) in senate 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 on-premises consumption at establishments within the local government's jurisdiction. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 3/13/2017 Senate Committee on Business, Labor, & Technology Refer Unamended to Senate Committee of the Whole Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Monitor: Wed, February 08, 2017, by Jschiager@fcgov.com (08-Feb-17) 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 over-service (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 (08-Feb-17) Wanda and Jeremy Status History: Status History Analyze This: Comments HB17-1151 Electrical Assisted Bicycles Regulation Operation Comment: Position: Monitor Calendar Notification: NOT ON CALENDAR News: Sponsors: Y. Willett | C. Hansen / 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 : Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 10 of 37 3/15/2017 10:19 AM 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 the reengrossed version of this bill as introduced in the second house.) Status: 3/7/2017 Senate Committee on Transportation Witness Testimony and/or Committee Discussion Only Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Monitor/Support: Thu, March 02, 2017, by Ginny Sawyer (gsawyer@fcgov.com) (02-Mar-17) In general, the bill seems to make it easier for people to use e-bikes in Colorado, yet it still provides local jurisdictions with the ability to prohibit the use of e-bikes if they choose to. It creates additional classes for e-bikes, which may be helpful for Fort Collins in the future if we decide to revisit our e-bike policy. N/A: Thu, March 02, 2017, by Ginny Sawyer (gsawyer@fcgov.com) (02-Mar-17) E-bikes are becoming more popular in Fort Collins (and we have local e-bike businesses). Supporting the use of e-bikes (from FC Bikes’ perspective) is important as we seek to increase cycling for people of all ages and abilities. Status History: Status History Analyze This: Comments HB17-1162 Outstanding Judgments And Driver's Licenses Comment: Position: Oppose Calendar Notification: Thursday, March 23 2017 Judiciary 1:30 p.m. Room 0112 (1) in house 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 Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 11 of 37 3/15/2017 10:19 AM Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Strongly Oppose: Mon, February 13, 2017, by klane@fcgov.com (13-Feb-17) 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 HB17-1171 Authorize New Transportation Revenue Anticipation Notes Comment: Position: Monitor Calendar Notification: Wednesday, March 29 2017 State, Veterans, & Military Affairs 1:30 p.m. Room LSB-A (3) 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 2016-17, which will make available for expenditure for transportation-related 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 2017-18, 2018-19, and 2019-20. 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 Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 12 of 37 3/15/2017 10:19 AM 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: No fiscal impact for this bill Analyze This Comments: Strongly Support: Mon, February 13, 2017, by Mjackson@fcgov.com (13-Feb-17) City of Fort Collins, North Front Range MPO and I-25 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 (13-Feb-17) Improving I-25 is a key priority for City of FC Strongly Support: Mon, February 13, 2017, by Mjackson@fcgov.com (13-Feb-17) Mark Jackson, Staff or Gerry Horak, Mayor Pro Tem Status History: Status History Analyze This: Comments HB17-1177 Mediation For Disputes Arising Under CORA Colorado Open Records Act Comment: Position: Oppose Calendar Notification: Thursday, March 16 2017 State, Veterans, & Military Affairs Upon Adjournment Room LSB-A (1) 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 Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 13 of 37 3/15/2017 10:19 AM 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: HB17-1187 Change Excess State Revenues Cap Growth Factor Comment: Position: Monitor Calendar Notification: Monday, March 20 2017 SENATE STATE, VETERANS, & MILITARY AFFAIRS COMMITTEE 1:30 PM SCR 357 (2) in senate calendar. News: Sponsors: D. Thurlow / L. Crowder Summary: In 2005, voters approved Referendum C, which is a voter-approved revenue change to the TABOR fiscal year spending limit. Under the referendum, the state is permitted to retain and spend all state revenues up to the excess state revenues cap. The excess state revenues cap is adjusted annually for inflation and population changes, among other things. The bill modifies the excess state revenues cap by allowing an annual adjustment for an increase based on the average annual change of Colorado personal income over the last 5 years, rather than adjusting for inflation and population. Colorado personal income is the total personal income for Colorado as reported by a federal agency. As the modification may increase the amount that the state retains and spends in a given fiscal year, the bill seeks voter approval for the change, as required by TABOR. (Note: This summary applies to this bill as introduced.) Status: 3/10/2017 Introduced In Senate - Assigned to State, Veterans, & Military Affairs Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Status History: Status History Analyze This: HB17-1190 Limited Applicability Of St. Jude's Co. Water Case Comment: Position: Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 14 of 37 3/15/2017 10:19 AM Calendar Notification: Thursday, March 16 2017 GENERAL ORDERS - SECOND READING OF BILLS (5) in house calendar. News: Sponsors: K. Becker Summary: In the case of St. Jude's Co. v. Roaring Fork Club, LLC, 351 P.3d 442 (Colo. 2015) ( St. Jude's Co. ), the Colorado supreme court held that direct diversions of water from a river to a private ditch for aesthetic, recreational, and piscatorial purposes on private property, without impoundment, are not beneficial uses of water under Colorado water law. The bill provides that the decision in the St. Jude's Co. case interpreting section 37-92-103 (4) does not apply to previously decreed absolute and conditional water rights or claims pending as of July 15, 2015. The interpretation of section 37-92-103 (4) in St. Jude's Co. applies only to direct flow appropriations, without storage, made after July 15, 2015, for water diverted from a surface stream to a private ditch on private property for aesthetic, recreational, and piscatorial purposes. (Note: This summary applies to this bill as introduced.) Status: 3/13/2017 House Committee on Agriculture, Livestock, & Natural Resources Refer Amended to House Committee of the Whole Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Strongly Support: Thu, March 09, 2017, by ddustin@fcgov.com (09-Mar-17) The Fort Collins Utilities Water Resources Division supports this bill because it maintains flexibility in using the City's various water rights, many of which already have decreed uses this bill supports (which might be in question without this bill). Without this bill, Utilities may struggle meeting potential mitigation requirements for the proposed Halligan Water Supply Project. The City has policies around improving the health of the Poudre River, which would be more difficult without this bill. Strongly Support: Thu, March 09, 2017, by ddustin@fcgov.com (09-Mar-17) This bill aligns with the City's legislative policy objective of "Support comprehensive water resource management", which includes expanding storage and preserving its water rights portfolio. Strongly Support: Thu, March 09, 2017, by ddustin@fcgov.com (09-Mar-17) Donnie Dustin, Water Resources Manager ALSO - Eric Potyondy, Assistant City Attorney (given legal nature of bill) Status History: Status History Analyze This: Comments HB17-1193 Small Cell Facilities Permitting And Installation Comment: Position: Calendar Notification: Tuesday, March 21 2017 SENATE LOCAL GOVERNMENT COMMITTEE 2:00 PM SCR 354 (1) in senate calendar. News: Lawmakers pry open the market a bit more for cell-phone service, broadband Sponsors: J. Becker | T. Kraft-Tharp / A. Kerr | J. Tate Summary: Sections 1 through 4 of the bill clarify that the expedited permitting process established for broadband facilities applies to small cell facilities and small cell networks. Section 1 adds language concerning small cell facilities and small cell networks to a legislative declaration. Section 2 adds statutory definitions of 'antenna', 'micro wireless facility', and 'tower' and amends the definitions of 'small cell Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 15 of 37 3/15/2017 10:19 AM facility' and 'wireless service facility'. Section 3 requires a local government to process an application for a small cell facility or a small cell network within 90 days after receiving the completed application. Section 4 declares the siting and operation of small cell facilities and small cell networks are a permitted use in any zone and clarifies the approval process for a consolidated application for multiple small cell facilities or small cell networks. Sections 6 and 7 clarify that the rights-of-way access afforded to telecommunications providers for the construction, maintenance, and operation of telecommunications and broadband facilities extends to broadband providers as well as small cell facilities and small cell networks and, in conjunction, section 5 defines 'collocation', 'small cell facility', and 'small cell network'. Section 8 states that if a telecommunications provider or broadband provider complies with applicable law, it has the right to locate or collocate small cell facilities and small cell networks on a local government entity's light poles, light standards, traffic signals, or utility poles in the rights-of-way owned by the local government entity, but prohibits small cell facilities and small cell networks from being placed on structures with tolling collection or enforcement equipment attached. Section 8 also states that, other than a traffic permit for work that affects traffic patterns or causes lane closures, a local government entity shall not require an application, permit, or payment for the placement, maintenance, or replacement of micro wireless facilities suspended on cables that are strung between existing utility poles in compliance with national safety codes. Section 9 adds small cell facilities and small cell networks to the types of facilities for which a telecommunications provider or broadband provider may contract with a private property owner to obtain a right-of-way for the construction, maintenance, and operation of the facility. Section 10 concerns the consent a telecommunications provider or broadband provider must obtain from a political subdivision to erect communications or broadband facilities along, through, in, upon, under, or over a public highway, and adds small cell facilities and small cell networks to the facilities for which the consent is required. Section 10 further provides that a political subdivision shall not create a preference or disadvantage to any telecommunications provider or broadband provider in granting or withholding its consent, and that a decision by a political subdivision denying or limiting the placement of communications or broadband facilities based on the protection of public health, safety, and welfare does not create a preference for or disadvantage a telecommunications provider or broadband provider if the decision does not have the effect of prohibiting the provider from providing service within the service area. Section 11 makes a conforming amendment. Section 12 specifies the amount and type of payment a local government or municipally owned utility may receive from a telecommunications provider, broadband provider, or cable television provider in exchange for granting permission to attach small cell facilities, broadband devices, or telecommunications devices to poles or structures that are in a right-of-way and are owned by the local government or municipally owned utility. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 3/10/2017 Introduced In Senate - Assigned to Local Government Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Monitor: Tue, March 07, 2017, by lrosintoski@fcgov.com (07-Mar-17) Yes both City and Utilities operations are impacted. Key items are: Sections 1 through 4: • Cell facilities deployed primarily in public right of ways • Access to local government strucures is essential to service wireless or boradband • 90 day approval process for local government to modify existing structure with potential for co-location; i.e. two pole structures next to each other. Mutual agreement if longer. • 150 day approval process for local government for a new structure. Mutual agreement if longer. • Multiple cell networks within single local jurisdiction allow consolidated application for a single permit Section 6: • minimizes regulations a local political subdivision regulates based on content or type of signals carried or capable of being carried over providers facilities. Section 8: • Allows pole attachments of most kinds • Allow time to cure non-compliance issues Section 10: • Use of streets must receive consent – however if public hight has been approved need not apply for addition consent • Use of public highway shall not be unreasonable withheld Section 12: • Neither local Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 16 of 37 3/15/2017 10:19 AM government or utility shall require any payment in excess of the amount that would be authorized pursuant to 47 U.S.C. sec. 224, as amended, OR TWO HUNDRED DOLLARS PER POLE OR STRUCTURE, WHICHEVER AMOUNT IS LESS. • No in-kind payments Monitor: Tue, March 07, 2017, by lrosintoski@fcgov.com (07-Mar-17) Currently both the legislative policy and the City Strategic Plan identify the support of telecommunication services, based on the voter approved exemption from SB-152 that will allow the City to consider numerous options for being involved in broadband services. Legislation 1193 was introduced by the telecommunications companies. Introduced version was negotiated with Colorado Municipal League, who took a neutral position. Since existing Colorado statutes on pole attachments leave a small degree of boundaries for public power initial position was to monitor. Will know more after March 8 on amendments. Monitor: Tue, March 07, 2017, by lrosintoski@fcgov.com (07-Mar-17) Combination of Laurie Kadrich and Kevin Gertig. Status History: Status History Analyze This: Comments HB17-1203 Local Government Special Sales Tax On Retail Marijuana Comment: Position: Support Calendar Notification: Monday, March 27 2017 GENERAL ORDERS - SECOND READING OF BILLS (2) in house calendar. News: Sponsors: S. Lebsock / L. Crowder | B. Martinez Humenik Summary: The Colorado court of appeals has held that current law does not authorize counties to levy and collect a sales tax on retail marijuana and retail marijuana products in addition to any sales tax imposed by the state and the standard sales tax imposed by the county (special sales tax). Current law is also silent regarding the authority of a statutory municipality (municipality) to collect a special sales tax on retail marijuana and retail marijuana products. The bill authorizes counties and municipalities to levy, collect, and enforce a special sales tax on retail marijuana and retail marijuana products; except that a county may levy, collect, and enforce a special sales tax on retail marijuana and retail marijuana products only under the following circumstances: The county levies, collects, and enforces a special sales tax upon all sales of retail marijuana and retail marijuana products in the unincorporated areas of the county; The county levies, collects, and enforces a special sales tax upon all sales of retail marijuana and retail marijuana products in the municipalities within the county that do not levy a special sales tax on the sale of retail marijuana and retail marijuana products. The county special sales tax is authorized only until the municipality obtains voter approval for a special municipal tax on the sale of retail marijuana and retail marijuana products. After such time, any county special sales tax is invalid within the corporate boundaries of the municipality unless the county enters into an intergovernmental agreement with the municipality to allow the county to continue to levy, collect, and enforce the county's special sales tax. The governing body of any county and the governing body of any municipality within the boundaries of the county that levies a municipal special sales tax on the sale of retail marijuana and retail marijuana products enter into an intergovernmental agreement pertaining to the county's levy, collection, and enforcement of a special sales tax upon all sales of all retail marijuana and retail marijuana products. The intergovernmental agreement may include a provision for the apportionment of a specified percentage of the gross retail marijuana special sales tax revenue collected by the county to the municipality. Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 17 of 37 3/15/2017 10:19 AM The bill specifies that a county or a municipality may not levy a special sales tax under any circumstance until the proposed tax has been referred to and approved by the eligible electors of the county or municipality, as applicable. A county or municipality must refer the proposed tax to the eligible electors only on the date of the state general election, on the first Tuesday in November of an odd-numbered year, or, in the case of a municipality, on the date of a municipal biennial election. The bill specifies that if a county or municipality obtained voter approval prior to the effective date of the bill to levy, collect, and enforce a special sales tax upon the sale of retail marijuana and retail marijuana products, the tax is valid; except that, for a county, the tax is valid only so long as the county complies with the conditions specified in the bill. If the county levies, collects, and enforces such tax in a municipality that has already obtained voter approval to levy a special sales tax on the sale of retail marijuana and retail marijuana products, the county's special sales tax is invalid unless the county enters into an intergovernmental agreement with the municipality. Any special sales tax on retail marijuana and retail marijuana products shall not be collected, administered, or enforced by the department of revenue. Instead, such tax shall be collected, administered, and enforced by the county or municipality imposing the tax. A county or municipality in which the eligible electors have approved a special sales tax on the sale of retail marijuana and retail marijuana products may credit the revenues collected from the tax to the general fund of the county or municipality or to any special fund created in the county or municipality's treasury. The governing body of a county or municipality may use the revenues collected from the tax for any purpose as determined by the governing body of the county or municipality. (Note: This summary applies to this bill as introduced.) Status: 3/10/2017 House Second Reading Laid Over to 03/27/2017 - No Amendments Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Monitor: Fri, March 03, 2017, by wwinkelmann@fcgov.com (03-Mar-17) Staff has no concerns regarding this bill and defer to the legal opinion offered by the City Attorney's Office. Status History: Status History Analyze This: Comments HB17-1216 Sales And Use Tax Simplification Task Force Comment: Position: Oppose Calendar Notification: Tuesday, March 21 2017 Business Affairs and Labor 1:30 p.m. Room LSB-A (1) in house calendar. News: Sponsors: T. Kraft-Tharp | L. Sias / C. Jahn | T. Neville Summary: The bill creates the sales and use tax simplification task force (task force) made up of legislative members and state and local sales and use tax experts. The bill requires the task force to study sales and use tax simplification between the state and local governments, and in particular between the state and home rule jurisdictions. The task force is: Authorized to seek, accept, and expend gifts, grants, or donations from private or public sources in order to meet its goals; Subject to sunset review in 3 years; and Required to make an annual report to the legislative council that may or may not include Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 18 of 37 3/15/2017 10:19 AM recommendations for legislation. (Note: This summary applies to this bill as introduced.) Status: 2/28/2017 Introduced In House - Assigned to Business Affairs & Labor Fiscal Notes Status: Fiscal note currently unavailable Analyze This Comments: Status History: Status History Analyze This: HB17-1219 Extend Colorado Water Conservation Board Fallowing And Leasing Pilot Program Comment: Position: Calendar Notification: Monday, March 20 2017 Agriculture, Livestock, & Natural Resources 1:30 p.m. Room 0107 (1) in house calendar. News: Sponsors: J. Arndt | B. McLachlan / K. Donovan | L. Crowder Summary: The Colorado water conservation board (board) administers a pilot program to demonstrate the practice of fallowing agricultural irrigation land and leasing the associated water rights for temporary municipal, agricultural, environmental, industrial, or recreational use. Under the current pilot program, the board, in consultation with the state engineer, may authorize up to 10 pilot projects, each of a duration up to 10 years. Of the 10 pilot projects that the board may authorize, no more than 3 pilot projects may be located in any one of the following major river basins: The South Platte river basin; the Arkansas river basin; the Rio Grande river basin; and the Colorado river basin. An applicant must apply on or before December 31, 2018, to sponsor a pilot project. The pilot program is scheduled to be completed in 2029, at which time the board, in consultation with the state engineer, is required to provide a final report to the water resources review committee, or its successor committee, on the results of the pilot projects authorized. The bill extends the pilot program as follows: The board, in consultation with the state engineer, may authorize up to 15 pilot projects; No more than 5 pilot projects may be located in any one of the 4 major river basins listed above; An applicant must apply on or before December 31, 2023, to sponsor a pilot project; and The pilot program would be completed in 2034, at which time the board, in consultation with the state engineer, would provide a final report to the water resources review committee or its successor committee. (Note: This summary applies to this bill as introduced.) Status: 3/2/2017 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources Fiscal Notes Status: Fiscal note currently unavailable Analyze This Comments: Neutral: Fri, March 10, 2017, by ddustin@fcgov.com (10-Mar-17) There is no impact on the Fort Collins Water Resources Division from this bill, which simply extends an agricultural water leasing pilot program; we have no involvement in the pilot program. Monitor/Support: Fri, March 10, 2017, by ddustin@fcgov.com (10-Mar-17) Although Fort Collins Utilities is not involved in activities related to this bill, the bill supports ATMs which can be an alternative water supply for this region - which aligns with the City's legislative policy objective of "Support comprehensive water resource management" (addressing local and regional water needs). Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 19 of 37 3/15/2017 10:19 AM Status History: Status History Analyze This: Comments HB17-1229 Workers' Compensation For Mental Impairment Comment: Position: Calendar Notification: Tuesday, March 21 2017 Public Health Care & Human Services 1:30 p.m. Room 0107 (3) in house calendar. News: Sponsors: J. Singer | J. Becker / N. Todd | J. Cooke Summary: The bill adds the definitions 'psychologically traumatic event' and 'serious bodily injury' to the workers' compensation statutes for the purposes of clarifying a worker's right to compensation for any claim of mental impairment. (Note: This summary applies to this bill as introduced.) Status: 3/6/2017 Introduced In House - Assigned to Public Health Care & Human Services Fiscal Notes Status: Fiscal note currently unavailable Analyze This Comments: Status History: Status History Analyze This: HB17-1230 Protect Colorado Residents From Federal Government Overreach Comment: Position: Calendar Notification: Thursday, March 16 2017 Judiciary 1:30 p.m. Room 271 (3) in house calendar. News: Sponsors: J. Salazar | D. Esgar / L. Guzman | D. Kagan Summary: The bill prohibits a state or political subdivision from: Providing the race, ethnicity, national origin, immigration status, or religious affiliation of a Colorado resident to the federal government without determining it is for a legal and constitutional purpose; Aiding or assisting the federal government in creating, maintaining, or updating a registry for the purpose of identifying Colorado residents based on race, ethnicity, national origin, immigration status, or religious affiliation; Aiding or assisting the federal government or a federal agency in marking or otherwise placing a physical or electronic identifier on a person based on his or her race, ethnicity, national origin, immigration status, or religious affiliation; and Aiding or assisting, including using state or local lands or resources, the federal government in interning, arresting, or detaining a person based on his or her race, ethnicity, national origin, Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 20 of 37 3/15/2017 10:19 AM immigration status, or religious affiliation. (Note: This summary applies to this bill as introduced.) Status: 3/6/2017 Introduced In House - Assigned to Judiciary Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Status History: Status History Analyze This: HB17-1233 Protect Water Historical Consumptive Use Analysis Comment: Position: Calendar Notification: Monday, March 20 2017 Agriculture, Livestock, & Natural Resources 1:30 p.m. Room 0107 (2) in house calendar. News: Sponsors: J. Arndt / L. Crowder Summary: When a water right owner wishes to change a water right, the amount of water that can be changed is limited to the historical consumptive use of the water right. Current law provides that the reduced water usage that results from participation in a government-sponsored water conservation program will not be considered in analyzing the historical consumptive use of the water right, but only in water divisions 4, 5, or 6. The bill applies this rule statewide, includes water conservation pilot programs, and limits state agencies that can approve a water conservation program to only those that have explicit statutory jurisdiction over water conservation or water rights. (Note: This summary applies to this bill as introduced.) Status: 3/7/2017 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources Fiscal Notes Status: Fiscal note currently unavailable Analyze This Comments: Neutral: Fri, March 10, 2017, by ddustin@fcgov.com (10-Mar-17) There is no impact on the Fort Collins Water Resources Division from this bill, which aims to protect the historical consumptive use of a water right involved in a water conservation program; we have no involvement in this type of issue currently. Monitor/Support: Fri, March 10, 2017, by ddustin@fcgov.com (10-Mar-17) Although Fort Collins Utilities is not involved in activities related to this bill, the bill supports ATMs which can be an alternative water supply for this region - which somewhat aligns with the City's legislative policy objective of "Support comprehensive water resource management" (encourage conservation of water resources). Status History: Status History Analyze This: Comments HB17-1242 New Transportation Infrastructure Funding Revenue Comment: Position: Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 21 of 37 3/15/2017 10:19 AM Calendar Notification: Wednesday, March 22 2017 Transportation & Energy 1:30 p.m. Room 0112 (1) in house calendar. News: Sponsors: C. Duran | D. Mitsch Bush / R. Baumgardner | K. Grantham Summary: Section 15 of the bill requires a ballot question to be submitted to the voters of the state at the November 2017 statewide election that seeks approval for the state to temporarily increase the rate of the state sales and use tax for 20 years beginning in 2018. If the voters approve the temporary sales and use tax rate increase, the new revenue generated is allocated solely for transportation infrastructure funding purposes, with specific projects to be funded required to be included in the 2017 ballot information booklet provided to the voters of the state, as follows: $300 million annually to the state highway fund for use by the department of transportation (CDOT); and Of the remaining new revenue: 70% to counties and municipalities in equal total amounts; and 30% to a newly created multimodal transportation options fund (fund). If the voters approve the temporary state sales and use tax rate increase: CDOT may issue up to a specified amount of transportation revenue anticipation notes (TRANs) for the purpose of funding transportation projects that are part of CDOT's strategic transportation investment program and are on CDOT's priority list for funding and the transportation commission must covenant that amounts it allocates on an annual basis to pay TRANs shall be paid: First, from $50 million from any legally available money under its control other than the new sales and use tax revenue; next, from the new sales and use tax revenue; and last, if necessary, from any other legally available money under its control any amount needed for payment of the TRANs until the TRANs are fully repaid; The revenue allocations to counties and municipalities are further allocated to each county and municipality in accordance with certain existing statutory formulas used to allocate highway users tax fund (HUTF) money to each county and municipality; The existing statutory requirement that at least 10% of the sales and use tax net revenue and other general fund revenue that may be transferred or appropriated to the HUTF and subsequently credited to the state highway fund must be expended for transit purposes of transit-related capital improvements is repealed; A transportation options account and a pedestrian and active transportation account are created in the fund and the transportation commission is required to designate the percentages of fund revenue to be credited to each account subject to the limitations that for any given fiscal year no more than 75% of the revenue may be credited to the transportation options account and at least 25% of the revenue must be credited to the pedestrian and active transportation account; A multimodal transportation options committee of gubernatorial appointees representing transit agencies, transportation planning organizations, local governments, and CDOT is created as a type 1 agency within CDOT for the purpose of allocating the money in the transportation options account of the fund for transportation options projects throughout the state. Under the supervision and guidance of the committee, the transit and rail division of CDOT is required to solicit, receive, and evaluate proposed transportation options projects and propose funding for interregional transportation options projects. Any transportation options project receiving funding from the transportation options account of the fund must also be funded by at least an equal total amount of local government, regional transportation authority, or transit agency funding. CDOT is required to allocate the money in the pedestrian and active transportation account of the fund for projects for transportation infrastructure that is designed for users of nonmotorized mobility-enhancing equipment; Transfers of 2% of general fund revenue to the HUTF that are scheduled under current law to be made for state fiscal years 2017-18, 2018-19, and 2019-20 are eliminated; The state road safety surcharges imposed on motor vehicles weighing 10,000 pounds or less are reduced for the same period during which the rates of the state sales and use taxes are increased. The Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 22 of 37 3/15/2017 10:19 AM resulting reduction in state fee revenue is taken entirely from the share of such fee revenue that is kept by the state so that county and municipal allocations of such revenue are not reduced. CDOT must annually report to the joint budget committee, legislative audit committee, house transportation and energy committee, and senate transportation committee regarding its use of TRANs proceeds and must post the reports and certain user-friendly project-specific information on its website; and The transportation revenue anticipation notes citizen oversight committee is created to provide oversight of the expenditure by the department of the proceeds of additional TRANs. The committee must annually report to the transportation legislation review committee regarding its activities and findings. (Note: This summary applies to this bill as introduced.) Status: 3/8/2017 Introduced In House - Assigned to Transportation & Energy Fiscal Notes Status: Fiscal note currently unavailable Analyze This Comments: Actively Monitor: Mon, March 13, 2017, by Mjackson@fcgov.com (13-Mar-17) While any proposal to increase long term transportation funding is welcome, there are several concerns with this legislation that been voiced by Northern Colorado agencies. There are concerns that after the large set asides for multi-modal and local agency projects, there won't be enough revenue left to repay bonds of a size necessary to make large scale improvemetns in Colorado. Should the priority be critical statewide infrastructure (e.g. I-25) or transit and local agency projects? As written, Fort Collins would receive funds for local use, and be eligible for mulit-modal and active modes funds as well if local matching dollars are available. Actively Monitor: Mon, March 13, 2017, by Mjackson@fcgov.com (13-Mar-17) Improving I-25 in Northern Colorado is a Council policy priority. Actively Monitor: Mon, March 13, 2017, by Mjackson@fcgov.com (13-Mar-17) Mark Jackson, Tyler Marr, Ginny Sawyer Status History: Status History Analyze This: Comments SB17-014 Limits On Underground Storage Tank Regulation Comment: Position: Monitor Calendar Notification: Thursday, April 13 2017 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 Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 23 of 37 3/15/2017 10:19 AM Analyze This Comments: Strongly Oppose: Fri, January 27, 2017, by mzoccali@fcgov.com (27-Jan-17) 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 (27-Jan-17) 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 home-rule 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 (27-Jan-17) Battalion Chief Robert Poncelow Status History: Status History Analyze This: Comments SB17-021 Assistance To Released Mentally Ill Offenders Comment: Position: Monitor Calendar Notification: Wednesday, March 15 2017 SENATE JUDICIARY COMMITTEE Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 24 of 37 3/15/2017 10:19 AM 1:30 PM SCR 352 (4) in senate 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) (13-Feb-17) 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) (13-Feb-17) Yes N/A: Mon, February 13, 2017, by Beth Sowder (bsowder@fcgov.com) (13-Feb-17) Judge Kathleen Lane and Andrea Little Status History: Status History Analyze This: Comments SB17-040 Public Access To Government Files Comment: Official LRC Position is Oppose Unless Amended to exclude cities. Position: Oppose Calendar Notification: NOT ON 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. Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 25 of 37 3/15/2017 10:19 AM 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: 3/14/2017 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole Fiscal Notes Status: No fiscal impact for this bill Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 26 of 37 3/15/2017 10:19 AM Analyze This Comments: Monitor/Oppose: Wed, February 15, 2017, by dcoldiron@fcgov.com (15-Feb-17) 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 non-technical staff, such as finance analysts. Requests for these data sets could be potentially challenging for non-technical 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 (15-Feb-17) Dan Coldiron, CIO Status History: Status History Analyze This: Comments SB17-045 Construction Defect Claim Allocation Of Defense Costs Comment: Position: Support 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 Comments: Support: Tue, January 24, 2017, by Tleeson@fcgov.com (24-Jan-17) SB17-045 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 Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 27 of 37 3/15/2017 10:19 AM 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 (24-Jan-17) 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 (24-Jan-17) Tom Leeson Status History: Status History Analyze This: Comments SB17-082 Regulation Of Methadone Treatment Facilities Comment: Position: Monitor 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 (27-Jan-17) 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 (27-Jan-17) From a public safety standpoint it makes sense to regulate these clinics. Status History: Status History Analyze This: Comments Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 28 of 37 3/15/2017 10:19 AM SB17-112 Sales & Use Tax Payment To Wrong Local Government Comment: Position: Calendar Notification: Wednesday, March 22 2017 Local Government 1:30 p.m. Room 0107 (2) in house calendar. News: Sponsors: T. Neville / D. Pabon Summary: The bill seeks to clarify the general assembly's intent when it enacted a dispute resolution process in 1985 to address a situation when a taxpayer paid a sales and use tax to one local government when it should have instead paid that disputed amount to a different local government. A recent court case applied the statute of limitations to this dispute resolution process, resulting in the taxpayer having to pay the disputed amount twice to 2 different local governments. The bill specifies that any statutes of limitations, either local, state, or in intergovernmental transfer agreements, do not apply to the remedies set forth in law. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 2/17/2017 Introduced In House - Assigned to Local Government Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Status History: Status History Analyze This: SB17-117 Recognize Industrial Hemp Agricultural Product For Agricultural Water Right Comment: Position: Oppose Calendar Notification: Wednesday, March 15 2017 SENATE AGRICULTURE, NATURAL RESOURCES, & ENERGY COMMITTEE Upon Adjournment SCR 357 (2) in senate 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 Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 29 of 37 3/15/2017 10:19 AM Analyze This Comments: Oppose: Tue, February 14, 2017, by Cwebb@fcgov.com (14-Feb-17) 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 (14-Feb-17) 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 (14-Feb-17) Carol Webb Status History: Status History Analyze This: Comments SB17-134 Alcohol Beverage Licensee Penalty Application Comment: Position: Monitor Calendar Notification: Wednesday, March 15 2017 CONSIDERATION OF HOUSE AMENDMENTS TO SENATE BILLS (3) in senate calendar. News: Sponsors: J. Tate / L. Herod | D. Nordberg 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 the reengrossed version of this bill as introduced in the second house.) Status: 3/13/2017 House Third Reading Passed - No Amendments Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Neutral: Thu, February 09, 2017, by WWinkelmann@fcgov.com (09-Feb-17) We do not perceive any issues related to this bill on City Operations. Status History: Status History Analyze This: Comments SB17-155 Statutory Definition Of Construction Defect Comment: Position: Support Calendar Notification: NOT ON CALENDAR Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 30 of 37 3/15/2017 10:19 AM 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 impact for this bill Analyze This Comments: Support: Wed, February 15, 2017, by Tleeson@fcgov.com (15-Feb-17) 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 (15-Feb-17) Tom Leeson Status History: Status History Analyze This: Comments SB17-156 Homeowners' Association Construction Defect Lawsuit Approval Timelines Comment: Position: Support Calendar Notification: NOT ON 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 Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 31 of 37 3/15/2017 10:19 AM common interest community a notice that the community's governing documents may require binding arbitration of certain disputes. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 3/14/2017 Introduced In House - Assigned to State, Veterans, & Military Affairs Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Support: Wed, February 15, 2017, by Tleeson@fcgov.com (15-Feb-17) 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 (15-Feb-17) Tom Leeson Status History: Status History Analyze This: Comments SB17-179 Fee Limits For Solar Energy Device Installations Comment: Position: Oppose Calendar Notification: Thursday, March 23 2017 Transportation & Energy Upon Adjournment Room 0112 (2) in house calendar. News: Sponsors: B. Gardner | A. Kerr / L. Sias | L. Herod Summary: The bill extends the repeal date of existing laws that limit the amount of permit, plan review, or other fees that counties, municipalities, or the state may charge for installing solar energy devices or systems. The bill also clarifies that the statutory limitations on the amount of fees applies to any related or associated fees, not just to permit or plan review fees. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 3/2/2017 Introduced In House - Assigned to Transportation & Energy Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Monitor/Oppose: Wed, March 01, 2017, by jphelan@fcgov.com (01-Mar-17) The bill does not clearly define "related or associated fees." Utilities may need to recover the costs of solar interconnection studies or hardware upgrades to accommodate larger solar systems. Position is: Oppose unless amended to clarify scope of subject fees, then monitor based on definition. Monitor/Oppose: Wed, March 01, 2017, by jphelan@fcgov.com (01-Mar-17) Aligns with Energy Policy and Climate Action Plan framework. City operations may be significantly impacted (see above). Monitor/Oppose: Wed, March 01, 2017, by jphelan@fcgov.com (01-Mar-17) Tim McCollough or John Phelan Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 32 of 37 3/15/2017 10:19 AM Status History: Status History Analyze This: Comments SB17-184 Private Marijuana Clubs Open And Public Use Comment: Position: Oppose Calendar Notification: NOT ON CALENDAR News: Colorado lawmakers inch towards allowing marijuana consumption clubs Sponsors: B. Gardner / D. Pabon Summary: The bill authorizes the operation of a marijuana membership club (club) only if the local jurisdiction has authorized clubs. A club must meet the following qualifications: All members and employees of the club must be 21 years of age or older; The club's employees must be Colorado residents; The club cannot sell or serve alcohol; The club cannot be a retail food establishment; A club owner shall not sell marijuana on the premises; and A club owner shall not permit the sale or exchange of marijuana for remuneration on the premises. The bill prohibits the open and public consumption of marijuana and defines the terms 'open and public', 'openly', and 'publicly'. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 3/10/2017 Introduced In House - Assigned to Finance Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Monitor: Mon, February 27, 2017, by wwinkelmann@fcgov.com (27-Feb-17) Staff is unclear how this bill comports with the Colorado Clean Indoor Air Act. Status History: Status History Analyze This: Comments SB17-188 Repeal Income Tax Credit Innovative Motor Vehicles Comment: Position: Monitor Calendar Notification: NOT ON CALENDAR News: Sponsors: V. Marble Summary: The bill repeals the income tax credits for innovative motor vehicles and innovative trucks for purchase and leases entered into on or after January 1, 2018. For the 2017-18 state fiscal year and each fiscal year thereafter through the 2020-21 state fiscal year, the bill requires the state controller to credit an amount of tax revenue estimated to be retained by Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 33 of 37 3/15/2017 10:19 AM the repeal of the income tax credits to the highway users tax fund. The bill requires the secretary of state to submit a ballot question, to be treated as a proposition, at the statewide election to be held in November 2017 asking the voters: To increase state tax revenue by a specified amount in each fiscal year through the 2020-21 state fiscal year by the repeal of the income tax credit for innovative motor vehicles and the income tax credit for innovative trucks; To credit the resulting estimated tax revenue to the highway users tax fund; and To allow an estimate of the resulting tax revenue to be collected and spent notwithstanding any limitations in section 20 of article X of the state constitution (TABOR). (Note: This summary applies to this bill as introduced.) Status: 2/28/2017 Senate Committee on Finance Refer Amended to Appropriations Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: N/A: Wed, March 01, 2017, by Ginny Sawyer (gsawyer@fcgov.com) (01-Mar-17) Impact on City Operations The City of Fort Collins purchases and operates EV fleet vehicles, and while as a government entity it does not pay taxes, the city does typically receive discounts from EV car dealers that reflect the value of tax credits associated with the innovative vehicles outlined in the bill. However, the exact impact on the City’s budget, as dealers do not often take advantage of state tax credits, would likely be negligible. Monitor/Oppose: Wed, March 01, 2017, by Ginny Sawyer (gsawyer@fcgov.com) (01-Mar-17) Alignment with City Legislative Policy The Legislative Policy Agenda calls for the City to “reduce vehicle emissions by….Encouraging or promoting lower emissions and lower carbon fuels, vehicles and supporting infrastructure” and to “Establish market-based mechanisms to reduce (greenhouse gas) emissions.” The bill would eliminate the income tax credit for innovative vehicles, including electric and plug-in hybrids, in 2018 as opposed to the current sunset date of 2022. Electric vehicles are a strategy outlined in both the City’s 2020 goals as well as the longer term climate protection goals, and widespread adoption of these vehicles would not only reduce greenhouse gas emissions, but also vehicle tailpipe emissions. These emissions are among the most significant contributors to poor ozone in our communities, and are correlated with a variety of serious respiratory ailments, including asthma, that disproportionally impact children and the elderly. Support for the Tax Credit Innovative Motor Vehicles aligns with the City’s LPA around climate action planning, improved air quality, and incentives that are designed to increase the attractiveness of EV vehicles to car buyers, while also providing significant air quality co-benefits. N/A: Wed, March 01, 2017, by Ginny Sawyer (gsawyer@fcgov.com) (01-Mar-17) If testimony requested, which staff should be contacted? Either Tracy Ochsner (from an impact on the municipal organization’s perspective) or Paul Sizemore (from an impact perspective that this may have on widespread EV adoption) Status History: Status History Analyze This: Comments SB17-192 Marijuana Business Efficiency Measures Comment: Position: Oppose Calendar Notification: Thursday, March 16 2017 SENATE FINANCE COMMITTEE Upon Adjournment SCR 357 (1) in senate calendar. News: Colorado lawmakers inch towards allowing marijuana consumption clubs Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 34 of 37 3/15/2017 10:19 AM Sponsors: T. Neville / J. Singer | J. Melton Summary: The bill allows a medical marijuana center and a retail marijuana store to apply for an endorsement that allows the center or store to deliver marijuana. The centers and stores with the delivery endorsement may use an employee or contract with a medical or retail marijuana transporter to make the deliveries. The endorsements for medical marijuana begin January 2, 2018, and the endorsements for retail marijuana begin January 2, 2019. The bill allows the state licensing authority to authorize single-instance transfers of retail marijuana or retail marijuana products from a retail marijuana licensee to a medical marijuana licensee based on a business need due to a change in local, state, or federal law or enforcement policy. If granted, the transfer must be completed within 6 months of the date the transfer was approved. Under current law, the department of revenue determines the average market rate for purposes of excise tax collection on retail marijuana every 6 months. The bill gives the authority to calculate the average market rate to the marijuana state licensing authority and requires calculation on a quarterly basis. The average market rate cannot include taxes paid on sales or transfers. The bill requires a separate average market rate for unprocessed marijuana for extraction that is lower than the average market rate for unprocessed marijuana for direct sale. The bill states that the average market rate should be used to calculate the excise tax on affiliated transactions, and the contract price should be used to calculate the excise tax on unaffiliated transactions. (Note: This summary applies to this bill as introduced.) Status: 3/14/2017 Senate Committee on Finance Lay Over Amended Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Oppose: Mon, February 27, 2017, by wwinkelmann@fcgov.com (27-Feb-17) If delivery of marijuana was permitted, additional staff resources would be needed for monitoring/inspections to ensure the product was not diverted to underage use. Additionally, past legislation regarding marijuana has included an "opt-in" clause that has allowed municipalities the option of adopting the new legislation. This bill is a mandate for those municipalities who have marijuana businesses. Status History: Status History Analyze This: Comments SB17-205 Multimodal Transportation Infrastructure Funding Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors: J. Kefalas / P. Rosenthal Summary: In 1999, the voters of the state authorized the executive director of the department of transportation (CDOT) 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 of CDOT issued the TRANs as authorized. The final payments of principal and interest on the TRANs will be made during fiscal year 2016-17, which will make available for expenditure for transportation-related 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 9 requires the state transportation commission to submit a ballot question to the voters of Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 35 of 37 3/15/2017 10:19 AM the state at the November 2017, 2018, or 2019 election, which, if approved, would increase the state sales and use tax from 2.9% to 3.15%, beginning on the July 1 immediately following the applicable election and would authorize the executive director of CDOT to issue additional TRANs in a maximum principal amount of $4 billion and with a maximum repayment cost of $5.75 billion. If the voters approve the ballot question, sections 3, 4, 5, and 7 implement the increase in the state sales and use tax rate. 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 5 until the notes are fully repaid. Section 10 specifies that at least $500 million of TRANs proceeds shall be used only for passenger rail service in the interstate 25 corridor and that remaining TRANs proceeds shall be used only to fund projects on CDOT's priority list for transportation funding. Section 10 also 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 8 require all state sales and use tax net revenue that is attributable to any increase in the state sales and use tax rate resulting from the approval of the ballot question submitted pursuant to section 9 to be credited to the 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. (Note: This summary applies to this bill as introduced.) Status: 2/28/2017 Introduced In Senate - Assigned to Transportation Fiscal Notes Status: Fiscal note currently unavailable Analyze This Comments: Status History: Status History Analyze This: SB17-213 Automated Driving Motor Vehicles Comment: Position: Calendar Notification: Thursday, March 16 2017 SENATE TRANSPORTATION COMMITTEE Upon Adjournment SCR 352 (1) in senate calendar. News: Sponsors: D. Moreno | O. Hill / J. Bridges | F. Winter Summary: The bill declares that the regulation of automated driving systems is a matter of statewide concern, and, therefore, local authorities are prohibited from regulating these systems. The use of automated driving systems is authorized if the system is capable of conforming to every state and federal law applying to driving. If not, a person testing a system is required to coordinate with the Colorado state patrol and the Colorado department of transportation. (Note: This summary applies to this bill as introduced.) Status: 3/7/2017 Introduced In Senate - Assigned to Transportation Fiscal Notes Status: Fiscal note currently unavailable Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 36 of 37 3/15/2017 10:19 AM Analyze This Comments: Status History: Status History Analyze This: Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 37 of 37 3/15/2017 10:19 AM 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) Amended 1/11 SA 3/1 Ap 3/14 SB 045 Construction Defect Claim Allocation Of Defense Costs Support Support 1/11 BL 2/8 SB 082 Regulation Of Methadone Treatment Facilities Support Monitor 1/13 SB 112 Sales & Use Tax Payment To Wrong Local Government 1/27 F 2/9 2/13 2/14 LG 3/22 SB 117 Recognize Industrial Hemp Agricultural Product For Agricultural Water OppoRsige*ht Oppose 1/27 Ag 3/15 SB 134 Alcohol Beverage Licensee Penalty Application Monitor Monitor 1/31 BL 2/14 2/17 2/21 BL 3/7 3/10 3/15 City of Fort Collins Legislative Tracking General Assembly Session 2017 First House Second House