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HomeMy WebLinkAboutAgenda - Mail Packet - 4/18/2017 - Legislative Review Committee Agenda - April 18, 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 April 18, 2017 4:00 – 5:00 p.m. Commons Conference Room, City Hall, 300 LaPorte Ave., Building A 1. Approval of minutes from March 21, 2017 Meeting (3 minutes) Attached: March 21 st 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 Bills of note 1. SB 278 2. HB 1225 3. HB 1242 (changes and progress) 4. SB 40 (proposed changes – status?) 5. HB 1314 – right to rest act, request to testify o Recommended support o Recommended oppose o Recommended monitor o Bills of priority for lobbyists 5. Standing agenda item: CC4CA update (5 minutes)  Memo attached 6. Other business (5 minutes)  Federal lobbying exercise with Smith, Dawson, and Andrews  LIHEAP Letter: background and letter included  Next meeting – May 2 nd  Legislative Breakfast scheduled for June 6 th (8:00 A.M) City Manager’s Office City Hall 300 LaPorte Ave. PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 - fax fcgov.com Legislative Review Committee Meeting Minutes March 21 st , 2017 4:00 p.m. Commons Conference Room Councilmembers Present: Gino Campana, Ross Cunniff, Ray Martinez and Gerry Horak Staff Present: John Duval, Jeff Mihelich, Jeanne Sanford, Mark Jackson, Ginny Sawyer, Lisa Rosintoski, Lindsay Ex, Tyler Marr, Jackson Brockway. The meeting came to order at 4:02pm Approval of Minutes LRC approved the minutes of the March 7 th meeting unanimously. Update from Bowditch and Cassell Jennifer Cassell provided the legislative update. Major highlights include:  March revenue forecast released. The economy continues to grow, but the state faces a $600 Million shortfall. The JBC continues to discuss the state budget expected for March 27 th .  HB1242: Trans3 Bill introduced with coprime, bipartisan sponsors.  SB 40 passed on second reading.  Construction defect legislation: HB 1213 is receiving bipartisan support. Bill Review LRC took the following positions on state bills: House bills: HB 1190 Limited Acceptability of St. Jude’s Co. Water Case Support HB 1193 Small Cell facilities Permitting and Installation Oppose HB 1219 Extend Colorado Water Conservation Board Fallowing and Leasing Monitor HB 1229 Worker’s Compensation for Mental Impairment Monitor HB 1230 Protect CO residents from Federal Government Outreach Not likely to pass, LRC will not take a position. 2 HB 1233 Protect Water Historical Consumptive Use Analysis Monitor HB 1256 Oil and Gas Facilities Distance From School Property No position will be taken at this time. HB 1263 Limited Lines Self-Storage Insurance License No city impact, removed from the list. Senate bills: SB 112 Sales and Use Tax Payment to Wrong Local Government Monitor pending legal advice SB 205 Multimodal transportation infrastructure funding No position will be taken until staff comments are submitted SB 213 Automated Driving Motor Vehicles Monitor Discussion of HB 1242 Gerry Horak and Mark Jackson overviewed the bipartisan transportation bill and provided updates on the bill:  Allocates money to CDOT to cover transportation bonds to match funds with local organizations.  Municipalities and counties will receive funding through sales tax increases to match funds. More financial burden will fall upon cities due to emphasis on sales tax.  .62% sales and use tax increase, may be decreased to pass through the legislature (2/3 support in both houses needed). Other municipal and county organizations have shown support for this bill.  Has received CML support.  Expected to raise $677 Million in total in first year. $300 Million is allocated to CDOT, the remaining is distributed in between multi-modal transit, cities, and counties.  Concerns remain around the bill and future amendments may be added. Potential changes could include change in funding for multi-modal transit and opportunities for communities that have not “Debruced” their tax structure.  Passage only puts the measure to the voters does not increase sales tax.  LRC moved to take a position of support on this bill. Standing Agenda Item: CC4CA Update Lindsay Ex and Ginny Sawyer overviewed the CC4CA Policy Committee Update:  CC4CA is actively monitoring the Trans3 bill and RTD bill.  CC4CA and Platte River Power authority is also looking at the regional transmission authority bill (HB 1225). Other Business  HB 1102: Expected to return to the legislature  April 4 th meeting will be cancelled due to municipal elections. 3  Jennifer will follow up with the LRC about new construction defect legislation.  Tyler Marr overviewed the NLC visit: o Met with all three federal legislators. o Cory Gardner is serving as the chair of one of the Senate Commerce subcommittees which oversees the FRA, including oversight of appointment of the FRA Administrator  Future LRC committee will be appointed via resolution to retain the body of the LRC and allow for interested new city councilmembers to attend. Updated: April 13, 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 3/15 3/20 3/21 Ag 4/6 4/11 4/12 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 3/8 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 3/16 HB 1035 Sex Assault and Stalking Victims may Break Lease Monitor Support 1/11 Jud 2/7 2/13 2/15 Jud 3/15 3/20 3/21 4/28 HB 1051 Procurement Code Modernization Monitor Monitor 1/11 BL 2/28 3/3 3/6 BL 3/15 3/20 3/21 4/4 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 3/23 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 3/30 HB 1083 Municipal Judge Advisement for Traffic Offenses Support Support 1/18 Jud 2/21 2/24 2/27 Jud 3/20 3/27 3/28 HB 1116 Continue Low Income Home Energy Assistance Support Monitor Support 1/20 Trans 2/16 3/7 3/9 AG 3/23 Ap 4/13 HB 1123 Extend On-premises Retail Alcohol Beverages Sales Hours Monitor Monitor 1/24 LG 2/8 2/13 2/15 BL 3/24 4/14 HB 1151 Electrical Assisted Bicycles Regulation Operation Monitor Monitor 2/6 Trans 2/15 2/22 2/23 Trans 3/14 3/21 3/22 4/4 HB 1162 Outstanding Judgments And Driver's Licenses Oppose Oppose 2/6 Jud 3/21 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 3/21 3/22 SA 4/5 4/7 4/10 HB 1190 Limited Applicability Of St. Jude's Co. Water Case Support Support 2/17 Ag 3/13 4/3 4/4 Ag 4/20 HB 1193 Small Cell Facilities Permitting And Installation Monitor* Oppose 2/21 BL 2/21 3/3 3/7 LG 3/21 3/28 3/29 HB 1203 Local Government Special Sales Tax On Retail Marijuana Monitor* Support 2/23 LG 3/8 3/13 3/24 4/4 4/10 4/11 4/13 HB 1216 Sales And Use Tax Simplification Task Force * Oppose 2/28 BL 3/21 Ap 4/13 HB 1219 Extend Colorado Water Conservation Board Fallowing And Leasing Monitor Pilot Program Monitor 3/2 Ag 3/20 3/28 3/29 Ag 4/6 4/11 4/12 HB 1229 Worker's Compensation for Mental Impairment * Monitor 3/6 HE 3/21 3/24 3/27 HB 1233 Protect Water Historical Consumptive Use Analysis Monitor Monitor 3/7 Ag 3/20 3/23 3/24 Ag 4/6 4/11 4/12 HB 1242 New Transportation Infrastructure Funding Revenue Monitor Support 3/8 Trans 3/22 3/30 3/31 Trans 4/11 HB 1256 Oil And Gas Facilities Distance From School Property Support 3/14 HE 3/23 3/28 3/29 Ag 4/12 HB 1273 Real Estate Development Demonstrate Water Conservation Monitor 3/17 Ag 4/3 4/7 4/10 HB 1275 Increase Solid Waste Diversion Support 3/17 Trans 4/13 HB 1279 Construction Defect Actions Notice Vote Approval 3/17 HB 1291 Alternate Storage Not Change If Already Quantified Support 3/24 Ag 4/17 HB 1309 Documentary Fee To Fund Affordable Housing Support 3/31 LG 4/26 HB 1314 Colorado Right To Rest Act Oppose 4/3 LG 4/19 HB 1316 Delay Implementation of HB 16-1309 4/4 Jud 4/13 HB 1321 Parks And Wildlife Financial Sustainability Support 4/5 Ag 4/17 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 SB 156 Homeowners' Association Construction Defect Lawsuit Approval Timelines Support Support 2/1 BL 2/27 3/6 3/7 SA 4/19 SB 179 Fee Limits For Solar Energy Device Installations Oppose* Oppose 2/14 F 2/23 2/28 3/1 Trans 2/23 3/31 4/3 SB 184 Private Marijuana Clubs Open And Public Use Monitor Oppose 2/14 BL 3/1 3/8 3/9 F 3/20 4/13 SB 188 Repeal Income Tax Credit Innovative Motor Vehicles Oppose Monitor 2/14 F 2/28 4/17 SB 192 Marijuana Business Efficiency Measures Oppose* Oppose 2/14 BL 3/8 F 2/16 4/11 4/12 SB 205 Multimodal Transportation Infrastructure Funding 2/28 SB 213 Automated Driving Motor Vehicles * Monitor 3/7 Trans 3/16 3/21 3/22 Trans 3/29 4/3 4/4 4/11 SB 247 Electricians Inspectors Licensing Qualifications Monitor 3/16 BL 3/27 4/3 4/5 SB 252 Utility Cost-saving Contract For Local Governments Monitor 3/16 LG 3/23 3/28 3/31 LG 4/26 SB 267 Sustainability Of Rural Colorado Oppose 3/27 F 4/11 Ap 4/13 SB 278 Prohibit Nuisance Exhibition Motor Vehicle Exhaust Support 3/31 Trans 4/11 4/17 SB 279 Applicability Recent Urban Renewal Legislation 3/31 LG 4/6 4/11 4/12 SB 282 Dedicate Reservoir Release Environmental Purposes Monitor 4/3 Ag 4/20 SB 285 Downtown Development Authorities Fairness Act Monitor 4/5 F 4/18 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 HB17­1008 Graywater Regulation Exemption For Scientific Research Comment: Position: Monitor Calendar Notification: NOT ON CALENDAR News: Sponsors: J. Arndt / J. Sonnenberg Summary: Water Resources Review Committee. The water quality control commission in the department of public health and environment (commission) is responsible for developing requirements, prohibitions, and standards that protect public health and water quality for the use of graywater for nondrinking purposes. Scientific research on graywater that might involve graywater uses and systems that do not strictly comply with the requirements, prohibitions, and standards developed by the commission would not be permitted under the control regulations. To facilitate scientific research related to graywater uses and systems, the bill creates an exemption from the commission's graywater control regulations for scientific research whereby a water utility, an institution of higher education in Colorado, or a public or private entity that a water utility or an institution of higher education in Colorado contracts with to conduct graywater research may collect, treat, and use graywater for purposes of scientific research if the entity:  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; however, scientific research involving the use of graywater exclusively for irrigation purposes need not incorporate a secondary water supply; and  Collects, treats, 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. Only an institution of higher education or a person contracting with an institution of higher education may collect, treat, and use graywater for research involving human exposure. The entity conducting the research 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, if the scientific research involves human exposure, the project's compliance with federal rules concerning the protection of human research subjects. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 4/12/2017 Senate Third Reading Passed ­ No Amendments Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Neutral: Tue, February 14, 2017, by ddustin@fcgov.com (14­Feb­17) 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 (16­Feb­17) 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 (14­Feb­17) This bill aligns with the City's legislative policy objective of "Support comprehensive water resource management", which includes encouraging increased (water) efficiency ­ which graywater use promotes. Yes: Thu, February 16, 2017, by Cwebb@fcgov.com (16­Feb­17) Support for water conservation and reuse. Neutral: Tue, February 14, 2017, by ddustin@fcgov.com (14­Feb­17) Suggest Liesel Hans, Water Conservation Manager Yes: Thu, February 16, 2017, by Cwebb@fcgov.com (16­Feb­17) Liesel Hans Status History: Status History Analyze This: Comments HB17­1016 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 (31­Jan­17) The tax increment derived from the "valuation attributable to the extraction of mineral resources" is unlikely to be of any significance within existing or future Fort Collins Urban Renewal Authority plan areas. Further, this bill allows the City to elect to exclude this valuation, but does not require the City to do so. Status History: Status History Analyze This: Comments HB17­1032 First Responder Peer Support Testimony Privilege Comment: Position: Support Calendar Notification: NOT ON CALENDAR News: Sponsors: J. Arndt / J. Cooke Summary: Under current law, peer support team members for certain first responders and a first responder may not be required to testify about communications made during the peer support process without the first responder's consent. The bill clarifies that the communication need not be during an individual peer support meeting. Under current law, there is an exception to the privilege if the information provided to the peer support team member indicates certain actual or suspected crimes. The bill adds crimes against at­risk persons to the list of crimes. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 3/16/2017 Governor Signed Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Strongly Support: Fri, January 20, 2017, by Jschiager@fcgov.com (20­Jan­17) this is an important amendment to make the peer support process better. As it stands now, confidentiality may not apply if a psychologist or peer support member is working with a couple or a debrief involving multiple people. Apparently this was a last minute addition to the legislation that was not well thought out. Yes: Fri, January 20, 2017, by Jschiager@fcgov.com (20­Jan­17) This change allows us to better provide support to police officers. Yes: Fri, January 20, 2017, by Jschiager@fcgov.com (20­Jan­17) Dr. Dan Dworkin, FCPS Psychologist, is very knowledgeable about this topic and is able to testify if needed. Status History: Status History Analyze This: Comments HB17­1035 Sex Assault And Stalking Victims May Break Leases Comment: Position: Support Calendar Notification: Friday, April 28 2017 CONFERENCE COMMITTEE(S) TO REPORT (1) in house calendar. Monday, May 1 2017 CONFERENCE COMMITTEES TO REPORT (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 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: 3/29/2017 House Considered Senate Amendments ­ Result was to Not Concur ­ Request Conference Committee Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Neutral: Fri, January 27, 2017, by Jschiager@fcgov.com (27­Jan­17) This makes sense to protect victims from further problems. I don't know of a situation that this would affect locally. Neutral: Fri, January 27, 2017, by Jschiager@fcgov.com (27­Jan­17) Public safety, protection of victims. It makes sense but I don't think we would have strong opinion about it. Status History: Status History Analyze This: Comments HB17­1051 Procurement Code Modernization Comment: Position: Monitor Calendar Notification: NOT ON CALENDAR News: Sponsors: B. Rankin | A. Garnett / D. Coram | A. Kerr 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, 10, 13, 15, 17 through 20, 22 through 24, 32, and 37). The code is based on the 1979 American bar association model procurement code. When the state adopted the model code, much of the structure and terminology was adopted as drafted by the American bar association rather than conforming the structure and language to the Colorado Revised Statutes. The bill updates the terminology used in the code to make it consistent with common use, simplifies reporting requirements, and reorganizes provisions of the code for ease of use. In addition, the bill clarifies the authority of the executive director of the department to promulgate rules for the administration of the code. Promulgation of rules (Sections 9, 29, 33, 35, and 59). 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 38). 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 38). 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 39). The process to negotiate vendor terms and conditions sometimes requires the state to agree to a requirement that the state indemnify the vendor and that the contract be governed by the vendor's choice of law rather than Colorado law. However, indemnification is in violation of the state constitution. The bill prohibits indemnification of vendors by the state and requires that state contracts be governed by Colorado law. Market research (Section 15). 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 (Section 40 through 51). 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 21). 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 25 through 28). 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 52). 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, 8, 11, 13, 20, 30, 31, 34, 36, 53 through 58, and 60 through 75). The bill makes necessary conforming amendments. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 4/4/2017 Governor Signed Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: N/A: Wed, February 22, 2017, by gspaul@fcgov.com (22­Feb­17) 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 17­1051 do not change this applicability provision. Therefore, the State's Procurement Code is not applicable to the City. From time­to­time 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 HB17­1065 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: 3/23/2017 Governor Signed Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Status History: Status History Analyze This: HB17­1076 Artificial Recharge Nontributary Aquifer Rules Comment: Position: Support Calendar Notification: NOT ON CALENDAR News: Sponsors: J. Arndt / S. Fenberg | D. Coram Summary: Currently, the state engineer must promulgate rules for the permitting and use of waters artificially recharged into 4 named aquifers. The bill adds the requirement that the state engineer also promulgate rules for the permitting and use of waters artificially recharged into nontributary groundwater aquifers. The rules must be promulgated on or before July 1, 2018. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 3/30/2017 Governor Signed Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Strongly Support: Mon, January 30, 2017, by ddustin@fcgov.com (30­Jan­17) The Fort Collins Utilities Water Resources Division supports this bill because it will develop rules that would facilitate and streamline some of the legal hurdles for potential future aquifer storage and recovery (ASR) projects. Since Utilities is currently investigating ASR as a potential future storage option, this bill could develop rules that would potentially diminish legal uncertainty associated with ASR. Strongly Support: Mon, January 30, 2017, by ddustin@fcgov.com (30­Jan­17) This bill aligns with the City's legislative policy objective of "Support comprehensive water resource management", which includes ensuring adequate supply, expanding storage and supports efforts to address local and regional water needs. Strongly Support: Mon, January 30, 2017, by ddustin@fcgov.com (30­Jan­17) Donnie Dustin, Water Resources Manager ALSO ­ Eric Potyondy, Assistant City Attorney ­ given legal nature of bill Status History: Status History Analyze This: Comments HB17­1083 Municipal Judge Advisement For Traffic Offenses Comment: Position: Support Calendar Notification: NOT ON CALENDAR News: Sponsors: L. Liston / B. Gardner Summary: House Bill 16­1309 requires a judge to inform a defendant of certain rights at the defendant's first appearance in prosecutions in municipal courts. The bill excludes cases involving traffic infractions or violations 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: 4/4/2017 Signed by the Speaker of the House Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Support: Sun, January 22, 2017, by klane@fcgov.com (22­Jan­17) This bill would soften the impact of HB 16­1309 by limiting the types of cases to which C.R.S. Section 16­7­207 applies. It supports our current, more efficient arraignment process relating to minor traffic violations. N/A: Mon, January 30, 2017, by jsanford@fcgov.com (30­Jan­17) No legal objections to this bill Amend: Wed, February 01, 2017, by klane@fcgov.com (01­Feb­17) Revision to my earlier "reply": It would be best if the bill exempted ALL infractions, not just some traffic infractions, from the full advisement process. Many municipalities have decriminalized some minor offenses, such as Animal at Large, which are considered to be civil infractions, punishable only by fines and costs, not jail. Fort Collins has adopted "Rules for Civil Infractions" which are similar to the "Rules for Traffic Infractions" and provide a simplified process for those cases. It is more efficient for the Defendants and the Court to follow that process. This amendment would support that simplified process. N/A: Mon, January 30, 2017, by jsanford@fcgov.com (30­Jan­17) No legal objections to this bill Status History: Status History Analyze This: Comments HB17­1116 Continue Low­income Household Energy Assistance Comment: Position: Monitor Calendar Notification: Thursday, April 13 2017 SENATE APPROPRIATIONS COMMITTEE 8:40 AM SCR 357 (1) in senate calendar. News: Sponsors: T. Exum | M. Hamner / B. Martinez Humenik Summary: Current law provides that the department of human services low­income energy assistance fund, the energy outreach Colorado low­income energy assistance fund, and the Colorado energy office low­income energy assistance fund receive conditional funding from the severance tax operational fund through the state fiscal year commencing July 1, 2018. The bill extends the conditional funding through the state fiscal year commencing July 1, 2023. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 3/23/2017 Senate Committee on Agriculture, Natural Resources, & Energy Refer Unamended to Appropriations Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Support: Mon, February 06, 2017, by Lrosintoski@fcgov.com (06­Feb­17) To maintain the viability of the Utilities Affordability Portfolio sustainable funding is critical to manage those outcomes. The bill removes the automatic repeal which means that these funds will be eligible for this conditional funding indefinitely. Support: Mon, February 06, 2017, by Lrosintoski@fcgov.com (06­Feb­17) The City of Fort Collins has embraced aggressive climate action goals that are based on the triple bottom line of integrating social, environmental and economic. Because of this the City has multiple City Council approved policies and plans that specifically recognize the importance of supporting low income customers with resources and funding to achieve their energy efficiency and conservation success. Key documents include the Climate Action Plan, City Strategic Plan and the Energy Policy. N/A: Mon, February 06, 2017, by Lrosintoski@fcgov.com (06­Feb­17) Lisa Rosintoski Status History: Status History Analyze This: Comments HB17­1123 Extend On­premises Retail Alcohol Beverages Sales Hours Comment: Position: Monitor Calendar Notification: Friday, April 14 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 on­premises 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: 4/7/2017 Senate Second Reading Laid Over to 04/13/2017 ­ No Amendments Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Monitor: Wed, February 08, 2017, by Jschiager@fcgov.com (08­Feb­17) Police Services has concerns with extended bar hours, however, the bill provides local control on whether to allow extended hours. Concerns include: Requiring resources later into the night; increased over­service (whether in our community or n'boring communities); difficulty in citizen education if there are different bar hours in different communities; and the possibility of people traveling late night to find bars that are still open. The Clerk's office notes that if the hours were changed for on premise liquor consumption, and an application process is required, there would be administrative changes we would need to employ. N/A: Wed, February 08, 2017, by Jschiager@fcgov.com (08­Feb­17) Wanda and Jeremy Status History: Status History Analyze This: Comments HB17­1151 Electrical Assisted Bicycles Regulation Operation Comment: Position: Monitor Calendar Notification: NOT ON CALENDAR News: Sponsors: C. Hansen | Y. Willett / O. Hill | A. Kerr Summary: Section 1 of the bill defines 3 classes of electrical assisted bicycle, depending on their top speed and whether the electric motor assists in propulsion only while the rider is pedaling or propels the bicycle independently. Sections 2 and 3 make technical and conforming amendments. Section 4 requires manufacturers to label electrical assisted bicycles as class 1, class 2, or class 3, as appropriate, and prohibits a person from modifying an electrical assisted bicycle without also relabeling it to accurately reflect its classification. Section 4 also requires all electrical assisted bicycles to comply with federal consumer product safety commission (CPSC) requirements and specified classes of electrical assisted bicycles to be equipped with appropriate braking systems and speedometers. Section 5 :  Gives local governments the authority to allow or prohibit the use of specified classes of electrical assisted bicycles on pedestrian paths and bike paths;  Prohibits a person under the age of 16 from riding a class 3 electrical assisted bicycle except as a passenger;  For class 3 electrical assisted bicycles, requires all riders under 18 to wear a helmet certified by the CPSC or the American Society for Testing Materials; and  Specifies that noncompliance with the helmet law does not constitute negligence or negligence per se in a lawsuit seeking damages. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 4/4/2017 Governor Signed Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Monitor/Support: Thu, March 02, 2017, by Ginny Sawyer (gsawyer@fcgov.com) (02­Mar­17) 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 e­bikes 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 e­bike policy. N/A: Thu, March 02, 2017, by Ginny Sawyer (gsawyer@fcgov.com) (02­Mar­17) E­bikes are becoming more popular in Fort Collins (and we have local e­bike businesses). Supporting the use of e­bikes (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 HB17­1162 Outstanding Judgments And Driver's Licenses Comment: Position: Oppose Calendar Notification: NOT ON CALENDAR News: Sponsors: M. Gray Summary: Under current law, an individual who is cited for certain traffic infractions must either pay the penalty assessment or appear in court for a hearing. If the individual neither pays the infraction nor appears for a hearing, the court must issue a judgment against the individual. An individual who has an outstanding judgment:  May have their driver's license canceled;  May not receive a new driver's license; and  May not renew a current driver's license. The bill repeals these penalties and provides courts with the option of withholding a driver's state income tax refund in order to satisfy the outstanding judgment. (Note: This summary applies to this bill as introduced.) Status: 3/21/2017 House Committee on Judiciary Refer Amended to Appropriations Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Strongly Oppose: Mon, February 13, 2017, by klane@fcgov.com (13­Feb­17) Pursuant to state and local rules relating to traffic infractions, when a defendant ignores a citation relating to such a violation, a default judgment is entered. Since a warrant cannot be issued in those cases, the Courts’ best method of enforcing the judgment is by adding a $30 default or outstanding judgment/warrant fee and sending the information to the DMV for action against the defendant’s driver’s license. This has been an effective tool which we seek to preserve. Without that tool, the only option left to the Courts – other than trying to obtain a portion of the defendant’s income tax refund, if any, under this Bill ­ would be to submit the case to a collection agency for action. Those remaining options are inadequate and will likely lead to an increase in the number of cases which are not addressed by defendants in a timely manner. Status History: Status History Analyze This: Comments HB17­1177 Mediation For Disputes Arising Under CORA Colorado Open Records Act Comment: Position: Oppose Calendar Notification: NOT ON CALENDAR News: Sponsors: C. Wist | A. Garnett / J. Cooke Summary: Under current law, any person denied the right to inspect any record covered by the 'Colorado Open Records Act' (CORA) may apply to the district court of the district wherein the record is found for an order directing the custodian of such record to show cause why the custodian should not permit the inspection of such record; except that, at least 3 business days prior to filing an application with the district court, the person who has been denied the right to inspect the record is required to file a written notice with the custodian who has denied the right to inspect the record informing the custodian that the person intends to file an application with the district court. The bill changes this deadline from 3 days to 14 days. During the 14­day period before the person may file an application with the district court, the bill requires the custodian who has denied the right to inspect the record to either meet in person or communicate on the telephone with the person who has been denied access to the record to determine if the dispute may be resolved without filing an application with the district court. The meeting may include recourse to any method of dispute resolution that is agreeable to both parties. The bill requires any common expense necessary to resolve the dispute to be apportioned equally between or among the parties unless the parties have agreed to a different method of allocating the costs between or among them. If the person who has been denied access to inspect a record states in the required written notice to the custodian that the person needs to pursue access to the record on an expedited basis, the bill requires the person to provide such written notice, including a factual basis of the expedited need for the record, to the custodian at least 3 business days prior to the date on which the person files the application with the district court. In such circumstances, no meeting to determine if the dispute may be resolved without filing an application with the district court is required. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 4/10/2017 Senate Third Reading Passed ­ No Amendments Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Status History: Status History Analyze This: HB17­1187 Change Excess State Revenues Cap Growth Factor Comment: Position: Monitor Calendar Notification: NOT ON CALENDAR News: Sponsors: D. Thurlow / L. Crowder Summary: In 2005, voters approved Referendum C, which is a voter­approved 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 the reengrossed version of this bill as introduced in the second house.) Status: 3/20/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Status History: Status History Analyze This: HB17­1190 Limited Applicability Of St. Jude's Co. Water Case Comment: Position: Calendar Notification: Thursday, April 20 2017 SENATE AGRICULTURE, NATURAL RESOURCES, & ENERGY COMMITTEE 1:30 PM SCR 357 (4) in senate calendar. News: Sponsors: K. Becker / J. Sonnenberg 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 37­92­103 (4) does not apply to previously decreed absolute and conditional water rights or claims pending as of July 15, 2015. The interpretation of section 37­92­103 (4) in St. Jude's Co. applies only to direct­ flow appropriations, without storage, filed after July 15, 2015, for water diverted from a surface stream or tributary groundwater by a private entity for private aesthetic, recreational, and piscatorial purposes. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 4/7/2017 Introduced In Senate ­ Assigned to Agriculture, Natural Resources, & Energy Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Strongly Support: Thu, March 09, 2017, by ddustin@fcgov.com (09­Mar­17) 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 (09­Mar­17) 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 (09­Mar­17) Donnie Dustin, Water Resources Manager ALSO ­ Eric Potyondy, Assistant City Attorney (given legal nature of bill) Status History: Status History Analyze This: Comments HB17­1193 Small Cell Facilities Permitting And Installation Comment: Position: Calendar Notification: NOT ON CALENDAR News: Lawmakers pry open the market a bit more for cell­phone service, broadband Sponsors: T. Kraft­Tharp | J. Becker / 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 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 rights­of­way 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 rights­of­way 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 right­of­way 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 of­way 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: 4/11/2017 Signed by the Speaker of the House Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Monitor: Tue, March 07, 2017, by lrosintoski@fcgov.com (07­Mar­17) 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 co­location; 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 non­compliance 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 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 in­kind payments Oppose: Mon, March 20, 2017, by tleeson@fcgov.com (20­Mar­17) One of our biggest concerns is the request for basically free reign of being able to install broadband facility/infrastructure within public right­of­ way without some form of discussion with the local government entity (“City”), encroachment permitting process, and associated inspection fees. Additional concern comes from installation on our existing facilities that may impact load requirements, available space, and equipment communications interference. It appears Section 10 (38­5.5­106) discusses consent necessary for use of streets, and may have opportunities for arguments sake pertaining to both items. Monitor: Tue, March 07, 2017, by lrosintoski@fcgov.com (07­Mar­17) Currently both the legislative policy and the City Strategic Plan identify the support of telecommunication services, based on the voter approved exemption from SB­152 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. Oppose: Mon, March 20, 2017, by tleeson@fcgov.com (20­Mar­17) • City policy has been to have utilities primary infrastructure located underground. This bill states a telecommunications provide HAS the right to construct, maintain, and operate conduit, cable, switches, and related appurtenances and facilities…along, across, upon, ABOVE, and under any public highway in this state. Definition of highway includes local roadways and utility easements. This would be a concern to our existing policy; especially, based on the size of some switching cabinets, etc. Monitor: Tue, March 07, 2017, by lrosintoski@fcgov.com (07­Mar­17) Combination of Laurie Kadrich and Kevin Gertig. N/A: Mon, March 20, 2017, by tleeson@fcgov.com (20­Mar­17) Rob Moseby, Engineering Status History: Status History Analyze This: Comments HB17­1203 Local Government Special Sales Tax On Retail Marijuana Comment: Position: Support Calendar Notification: Thursday, April 13 2017 CONSIDERATION OF SENATE AMENDMENTS TO HOUSE (2) in house calendar. News: Sponsors: S. Lebsock / B. Martinez Humenik | L. Crowder 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. 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 odd­numbered 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 the reengrossed version of this bill as introduced in the second house.) Status: 4/12/2017 House Considered Senate Amendments ­ Result was to Laid Over Daily Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Monitor: Fri, March 03, 2017, by wwinkelmann@fcgov.com (03­Mar­17) 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 HB17­1216 Sales And Use Tax Simplification Task Force Comment: Position: Oppose Calendar Notification: Thursday, April 13 2017 Appropriations 8:15 a.m. Room LSB­A (5) in house calendar. News: Sponsors: T. Kraft­Tharp | 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 recommendations for legislation. (Note: This summary applies to this bill as introduced.) Status: 3/21/2017 House Committee on Business Affairs and Labor Refer Amended to Appropriations Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Status History: Status History Analyze This: HB17­1219 Extend Colorado Water Conservation Board Fallowing And Leasing Pilot Program Comment: Position: Calendar Notification: NOT ON 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 the reengrossed version of this bill as introduced in the second house.) Status: 4/12/2017 Senate Third Reading Passed ­ No Amendments Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Neutral: Fri, March 10, 2017, by ddustin@fcgov.com (10­Mar­17) 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 (10­Mar­17) 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). Status History: Status History Analyze This: Comments HB17­1229 Workers' Compensation For Mental Impairment Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors: J. Becker | J. Singer / 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: 3/29/2017 Introduced In Senate ­ Assigned to Business, Labor, & Technology Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Status History: Status History Analyze This: HB17­1233 Protect Water Historical Consumptive Use Analysis Comment: Position: Calendar Notification: Thursday, April 13 2017 CONSIDERATION OF SENATE AMENDMENTS TO HOUSE (3) 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 government­sponsored 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 the reengrossed version of this bill as introduced in the second house.) Status: 4/12/2017 Senate Third Reading Passed ­ No Amendments Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Neutral: Fri, March 10, 2017, by ddustin@fcgov.com (10­Mar­17) 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 (10­Mar­17) 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 HB17­1242 New Transportation Infrastructure Funding Revenue Comment: Position: Calendar Notification: NOT ON CALENDAR News: Fix Colorado Roads breaks down transportation bill Sponsors: D. Mitsch Bush | C. Duran / R. Baumgardner | K. Grantham Summary: Section 17 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 impose additional state sales and use taxes for 20 years beginning January 1, 2018, and to issue up to a specified amount of transportation revenue anticipation notes (TRANs) for the purpose of funding specified state transportation projects. If the voters approve the temporary additional sales and use taxes and the issuance of TRANs, the new sales and use tax revenue and TRANs proceeds generated are allocated, pursuant to sections 7, 14, 15, 16, and 19, solely for transportation funding purposes as follows:  $375 million of the new sales and use tax revenue annually and all TRANs proceeds to the state highway fund for use by the department of transportation (CDOT) to repay the TRANs and to fund qualified federal aid transportation projects, including multimodal capital projects, that are designated for tier 1 funding as ten­year development program projects on CDOT's 2017 development program project list until all of the projects are fully funded, for tier 2 funding for such projects thereafter, and for maintenance, including rapid response maintenance, of state highways; and  Of the remaining new sales and use tax revenue:  70% to counties and municipalities in equal total amounts; and  30% to a multimodal transportation options fund created in section 22. If the voters approve the ballot question:  Sections 5 and 8 respectively impose additional state sales and use taxes at a rate of 0.62% and exempt the sale, storage, use, and consumption of aviation fuels from the additional taxes. Section 9 ensures that revenue generated by the new taxes that is attributable to sales of marijuana and marijuana products is used for transportation purposes by exempting such revenue from the existing requirement that state sales and use tax revenue attributable to such sales by credited to the marijuana tax cash fund.  Section 17 requires the transportation commission to covenant that amounts it allocates on an annual basis to pay TRANs shall be paid: First, from $50 million of 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 new sales and use tax revenue allocations to counties and municipalities are further allocated, pursuant to sections 15 and 16, 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;  Section 10 repeals an existing late vehicle registration fee.  Section 12 requires CDOT to evaluate options for more flexible use of high­occupancy vehicle and high­occupancy toll lanes and to report to the transportation legislation review committee (TLRC) regarding the evaluation no later than August 1, 2018.  Section 14 repeals 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 or transit­ related capital improvements and limits the use of new state sales and use tax revenue for toll highways;  Section 22 creates a transportation options account and a pedestrian and active transportation account in the fund and requires the transportation commission 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;  Section 22 also creates a multimodal transportation options committee of gubernatorial and legislative appointees representing transit agencies, transportation planning organizations, and local governments and the executive director of CDOT or the executive director's designee 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, section 11 requires the transit and rail division of CDOT to solicit, receive, and evaluate proposed transportation options projects and propose funding for interregional transportation options projects. Any transportation options project receiving funding from either 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; except that small local governments and transit agencies may provide 20% matching money.  Section 22 also requires CDOT 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 and persons with disabilities who use motorized wheelchairs, scooters, or functionally similar assistive technology;  Section 3 eliminates transfers of general fund revenue to the HUTF that are scheduled under current law to be made for state fiscal years 2017­18, 2018­19, and 2019­20;  Section 21 reduces 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 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.  Section 18 requires CDOT to 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 to post the reports and certain user­friendly project­ specific information on its website; and  Section 20 creates a 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 TLRC regarding its activities and findings. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 4/11/2017 Senate Committee on Transportation Refer Amended to Finance Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Actively Monitor: Mon, March 13, 2017, by Mjackson@fcgov.com (13­Mar­17) 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 multi­modal 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. I­25) or transit and local agency projects? As written, Fort Collins would receive funds for local use, and be eligible for mulit­modal and active modes funds as well if local matching dollars are available. Actively Monitor: Mon, March 13, 2017, by Mjackson@fcgov.com (13­Mar­17) Improving I­25 in Northern Colorado is a Council policy priority. Actively Monitor: Mon, March 13, 2017, by Mjackson@fcgov.com (13­Mar­17) Mark Jackson, Tyler Marr, Ginny Sawyer Status History: Status History Analyze This: Comments HB17­1256 Oil And Gas Facilities Distance From School Property Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors: M. Foote / I. Aguilar | M. Jones Summary: As part of the Colorado oil and gas conservation commission's (commission) authority to regulate oil and gas operations to prevent and mitigate significant adverse environmental impacts to protect public health, safety, and welfare, the commission requires oil and gas production facilities and wells to be located at least 1,000 feet from school buildings and other high occupancy buildings. The bill clarifies that the minimum 1,000­foot distance from which newly permitted production facilities and wells must be located from any school applies to the school property line and not the school building. The bill further clarifies that it does not apply if a school commences operations near production facilities or wells that are already actively in use or permitted and, with respect to property owned by a school district, the distance requirement applies to the school building, other facilities used for school activities, and real property on which a future permanent or temporary school building is planned within 5 years after a production facility application is filed. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 4/12/2017 Senate Committee on Agriculture, Natural Resources, & Energy Postpone Indefinitely Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Status History: Status History Analyze This: HB17­1273 Real Estate Development Demonstrate Water Conservation Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors: H. McKean | C. Hansen / M. Jones | D. Coram Summary: Current law's definition of a water supply that is 'adequate' for purposes of a local government's approval of a real estate development permit merely allows the inclusion of reasonable conservation measures and water demand management measures to account for hydrologic variability. The bill amends the definition to include reasonable conservation measures and water demand management measures to reduce water needs and account for hydrologic variability ( section 2 of the bill) and prohibits the local government from approving the permit application unless the applicant demonstrates that appropriate water conservation and demand management measures have been included in the water supply plan ( section 3 ). Current law also requires an applicant for a real estate development permit to demonstrate to the local government issuing the permit:  The water conservation measures, if any, that may be implemented within the development; and  The water demand management measures, if any, that may be implemented to account for hydrologic variability. Section 4 requires the applicant to demonstrate:  The water conservation measures that may be implemented within the development to reduce indoor and outdoor demand; and  The water demand management measures that may be implemented to account for hydrologic variability. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 4/10/2017 House Third Reading Passed ­ No Amendments Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Neutral: Fri, April 07, 2017, by ddustin@fcgov.com (07­Apr­17) It is assumed there will be little to no impact on the Fort Collins Water Resources Division from this bill, which would require water conservation measures be implemented by development, since these requirements would likely be handled through the City's development review process and/or the Utilities Water Conservation Program. Neutral: Fri, April 07, 2017, by ddustin@fcgov.com (07­Apr­17) This bill aligns with the City's legislative policy objective of "Support comprehensive water resource management", which includes encouraging conservation of water resources. Status History: Status History Analyze This: Comments HB17­1275 Increase Solid Waste Diversion Comment: Position: Calendar Notification: Thursday, April 13 2017 House Transportation & Energy Upon Adjournment Room 0112 (1) in house calendar. News: Sponsors: F. Winter / K. Priola Summary: The bill directs the department of public health and environment and the Colorado office of economic development to assist in increasing waste diversion in Colorado by establishing diversion goals, requiring data collection and reporting by counties and landfills, and providing technical assistance to counties and landfills regarding the data collection and reporting. (Note: This summary applies to this bill as introduced.) Status: 3/17/2017 Introduced In House ­ Assigned to Transportation & Energy Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Strongly Support: Mon, April 03, 2017, by sgordon@fcgov.com (03­Apr­17) The Environmental Services Dept. already collects, analyses, and reports data on solid waste tonnages, which HB 17­1275 would encourage Colorado counties and cities to begin monitoring, so there is negligible new work for Fort Collins. It will improve knowledge of others' waste diversion successes in the state, which will help Fort Collins learn and make progress at adopted Zero Waste goals. Strongly Support: Mon, April 03, 2017, by sgordon@fcgov.com (03­Apr­17) Aligns with Legislative Policy Agenda's Recycling & Solid Waste policies that support: integrated solid waste planning and creation of a state waste diversion goal; programs to collect and monitor data on trash volumes, rates of diversion from landfill disposal, and economic impacts of recycling; and, partnerships among neighboring entities for creating regional waste/recycling facilities and infrastructure. N/A: Mon, April 03, 2017, by sgordon@fcgov.com (03­Apr­17) Susie Gordon, Environmental Program Manager City of Fort Collins Environmental Services Department, Waste Reduction & Recycling Program Status History: Status History Analyze This: Comments HB17­1279 Construction Defect Actions Notice Vote Approval Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors: A. Garnett | L. Saine / L. Guzman | J. Tate Summary: The bill requires that, before the executive board of a unit owners' association (HOA) in a common interest community brings suit against a developer or builder on behalf of unit owners, the board must:  Notify all unit owners and the developer or builder against whom the lawsuit is being considered;  Call a meeting at which the executive board and the developer or builder will have an opportunity to present relevant facts and arguments; and  Obtain the approval of a majority of the unit owners after giving them detailed disclosures about the lawsuit and its potential costs and benefits. (Note: This summary applies to this bill as introduced.) Status: 3/17/2017 Introduced In House ­ Assigned to State, Veterans, & Military Affairs Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Status History: Status History Analyze This: HB17­1291 Alternate Storage Not Change If Already Quantified Comment: Position: Calendar Notification: Monday, April 17 2017 Agriculture, Livestock, & Natural Resources 1:30 p.m. Room 271 (4) in house calendar. News: Sponsors: J. Becker | J. Arndt Summary: Current law allows water to be stored only at a location that has been specifically identified in a decree. The bill allows a water right for which the historical consumptive use was previously quantified to be stored in any reservoir, without the necessity of adjudicating an additional change of water right, if:  The water will be diverted from a point of diversion that has already been decreed for that water right;  Previous notice is given to the division engineer;  Transit and ditch losses are assessed from the decreed point of diversion to the alternate place of storage; and  The division engineer approves the proposed accounting of the storage. (Note: This summary applies to this bill as introduced.) Status: 3/24/2017 Introduced In House ­ Assigned to Agriculture, Livestock, & Natural Resources Fiscal Notes Status: Fiscal note currently unavailable Analyze This Comments: Strongly Support: Tue, April 04, 2017, by ddustin@fcgov.com (04­Apr­17) The Fort Collins Utilities Water Resources Division strongly supports this bill because it would allow more flexible use of the City's various water rights in future storage facilities. Without this legislation, each time a new storage facility is added to the City's water supply system (that wasn't contemplated and added in previous water court decrees) the City must reopen past water right decrees to add the new storage, which could lead opposers to diminish the City's water rights. Strongly Support: Tue, April 04, 2017, by ddustin@fcgov.com (04­Apr­17) 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: Tue, April 04, 2017, by ddustin@fcgov.com (04­Apr­17) Donnie Dustin, Water Resources Manager ALSO ­ Eric Potyondy, Assistant City Attorney (given legal nature of bill). Status History: Status History Analyze This: Comments HB17­1309 Documentary Fee To Fund Affordable Housing Comment: Position: Calendar Notification: Wednesday, April 26 2017 Local Government 1:30 p.m. Room 0107 (1) in house calendar. News: Sponsors: D. Jackson | F. Winter / L. Guzman | D. Coram Summary: Currently, when the total consideration paid by the purchaser in a real property transaction exceeds $500, the county clerk and recorder collects a one cent documentary fee for each $100 of such consideration for the recording of real estate deeds or other instruments in writing. Section 1 of the bill raises the fee to 2 cents commencing January 1, 2018. Section 2 specifies that 50% of the moneys generated from the imposition of the total fee must be deposited with the county treasurer at least once each month and credited by him or her in the manner prescribed by law and the remaining 50% of the moneys generated from the imposition of the fee must be transmitted by the county treasurer to the Colorado housing and finance authority (authority) at least once each month to be credited to the statewide affordable housing investment fund (fund). Section 3 creates the fund in the authority. The bill specifies the source of moneys to be deposited into the fund and that the authority is to administer the fund. All moneys in the fund must be expended for the purpose of supporting new or existing programs that:  Facilitate the construction or rehabilitation of housing containing residential units designated as affordable housing; and  Provide financial assistance to any nonprofit entity and political subdivision that makes loans to households to enable the financing, purchase, or rehabilitation of residential units. The bill defines 'affordable housing' to mean housing that is designed to be affordable for households with an income that is:  Up to 80% of the area median income for rental occupancy; and  Up to 110% of the area median income for home ownership. This section of the bill also specifies the intent of the general assembly that, of the moneys made available to the authority to support the programs supported by the bill, the authority shall direct that a portion of such moneys be expended on programs in counties with a total population of 175,000 or fewer residents. New or existing programs supported by the fund are to be administered by the authority. The authority may determine how best to allocate and expend the portion of moneys deposited into the fund that support the programs that it administers under the bill. Section 3 also requires the authority to submit a report, no later than November 1, 2021, and no later than November 1 of the last year of each 3­year period thereafter, specifying the use of the fund during the prior 3­year period. The report is to be sent to the governor and to the senate and house finance committees. The report must include information on all moneys allocated to, and expended from, the fund. (Note: This summary applies to this concurrent resolution as introduced.) Status: 3/31/2017 Introduced In House ­ Assigned to Local Government Fiscal Notes Status: Fiscal note currently unavailable Analyze This Comments: Strongly Support: Fri, April 07, 2017, by Sbeckferkiss@fcgov.com (07­Apr­17) A statewide affordable housing fund would supplement available resources to incentivize affordable housing production. Interesting to see affordable defined as rental housing up to 80% AMI and home ownership up to 110% AMI .Those income levels higher than HUD and City definition, but appropriate for the current housing market. Strongly Support: Fri, April 07, 2017, by Sbeckferkiss@fcgov.com (07­Apr­17) Could help City achieve affordable housing strategic goals. Yes: Fri, April 07, 2017, by Sbeckferkiss@fcgov.com (07­Apr­17) Sue Beck­Ferkiss Status History: Status History Analyze This: Comments HB17­1314 Colorado Right To Rest Act Comment: Position: Calendar Notification: Wednesday, April 19 2017 Local Government 1:30 p.m. Room 271 (3) in house calendar. News: Sponsors: J. Salazar | J. Melton Summary: The bill creates the 'Colorado Right to Rest Act', which establishes basic rights for persons experiencing homelessness, including, but not limited to, the right to use and move freely in public spaces, to rest in public spaces, to eat or accept food in any public space where food is not prohibited, to occupy a legally parked vehicle, and to have a reasonable expectation of privacy of one's property. The bill does not create an obligation for a provider of services for persons experiencing homelessness to provide shelter or services when none are available. (Note: This summary applies to this bill as introduced.) Status: 4/3/2017 Introduced In House ­ Assigned to Local Government Fiscal Notes Status: Fiscal note currently unavailable Analyze This Comments: Strongly Oppose: Fri, April 07, 2017, by Jstokes@fcgov.com (07­Apr­17) This bill, while well intended, would make it virtually impossible for the City's Natural Areas Department to prevent camping throughout the natural areas system. Oppose: Fri, April 07, 2017, by jhutto@fcgov.com (07­Apr­17) This bill potentially limits solutions at the municipal level to deal with issues that have been identified. Each community should have the ability to craft ordinances to deal with their unique problems within a compassionate, constitutional framework, free from over­broad, statewide generalization. Oppose: Fri, April 07, 2017, by jhutto@fcgov.com (07­Apr­17) This bill has potential implications and impacts on local control. N/A: Fri, April 07, 2017, by Jstokes@fcgov.com (07­Apr­17) John Stokes. Status History: Status History Analyze This: Comments HB17­1316 Delay Implementation Of House Bill 16­1309 Comment: Position: Calendar Notification: Thursday, April 13 2017 Judiciary 1:30 p.m. Room 0112 (1) in house calendar. News: Sponsors: S. Lontine / V. Marble Summary: House Bill 16­1309, which was enacted by the 2016 general assembly, concerned a defendant's right to counsel in certain cases considered by municipal courts. The bill delays the implementation of House Bill 16­1309 until July 1, 2018. (Note: This summary applies to this bill as introduced.) Status: 4/4/2017 Introduced In House ­ Assigned to Judiciary Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Status History: Status History Analyze This: HB17­1321 Parks And Wildlife Financial Sustainability Comment: Position: Calendar Notification: Monday, April 17 2017 Agriculture, Livestock, & Natural Resources 1:30 p.m. Room 271 (3) in house calendar. News: Sponsors: J. Wilson | J. Arndt Summary: Section 1 of the bill provides a nonstatutory legislative declaration. Section 2 adds 'voucher' and 'preference point' to the documents listed under the definition of 'license'. Sections 3 and 17 add 'sponsorships' and 'donations' to the list of money transfers that the parks and wildlife commission (commission) is authorized to receive and expend. Section 4 prohibits the commission from using revenue generated from increased license fee amounts authorized by the bill for the purchase of any fee title interest in real property or any interest in water. Section 6 clarifies that the Colorado outdoor recreation search and rescue card fee is nonrefundable. Sections 7, 14, 15, and 18 raise the maximum fee amounts that the commission may assess by rule for certain licenses, permits, and passes. Sections 7, 14, 15, and 18 also authorize the commission to apply a consumer price index adjustment to a fee that has been set at the maximum fee amount allowed, which fee adjustment does not count toward the maximum fee amounts set. Section 8 allows the division of parks and wildlife (division) to grant up to 25% of the money derived from sales of the state migratory waterfowl stamp to nonprofit organizations implementing the North American waterfowl management plan. Section 9 removes references to the fee assessed for the youth small game hunting license since the maximum fee amount for the license is listed in another part of statute. Section 9 also authorizes the commission to establish by rule a special licensing program for young adult hunters and anglers and requires that, if the commission establishes such a licensing program by rule, the commission must define 'young adult' in a manner that does not include adults 26 years of age or older. Section 10 changes the name of the wildlife management public education advisory council to the wildlife council. Section 11 requires the division to prepare reports on the status of certain license fee increases that the commission is authorized to promulgate pursuant to the bill and nonconsumptive users' use of division­managed land, and to present the reports to the agriculture committees in the house of representatives and the senate. Section 12 increases the fine imposed against a person who violates a wildlife statute or rule that does not have a specific penalty listed for the violation from $50 to $100. Section 13 raises the penalty for a number of wildlife­license­related offenses to an amount equal to twice the cost of the most expensive license for the species. Section 13 also clarifies that engaging in conduct that requires a license without a license is a violation subject to an assessment of 10 license suspension points and a fine amount equal to twice the cost of the most expensive license issued for the activity that the person unlawfully engaged in without the requisite license; except that a violation based on fishing without a license is subject to a $125 fine and an assessment of 10 license suspension points. Section 23 requires a person to purchase an aquatic nuisance species sticker to operate or use a vessel on the waters of the state or possess a vessel at a vessel staging area. The fees collected on the sale of aquatic nuisance species stickers are credited to the division of parks and wildlife aquatic nuisance species fund to help fund inspections of vessels and associated conveyances for the presence of aquatic nuisance species, decontamination of vessels or conveyances with the presence of aquatic nuisance species, lake monitoring for the presence of aquatic nuisance species, and outreach efforts. Under current law, 'pass' or 'registration' is defined as a document issued by the division authorizing the use of land or water under the division's control. Section 16 adds 'sticker' to the definition to encompass the aquatic nuisance species sticker created in section 23. Section 19 establishes that a violation of the requirement to obtain an aquatic nuisance species sticker is a class 2 petty offense, punishable by a fine equal to twice the cost of a nonresident motorboat or sailboat aquatic nuisance species sticker. Section 20 repeals the division of wildlife aquatic nuisance species fund and renames the division of parks and outdoor recreation aquatic nuisance species fund as the division of parks and wildlife aquatic nuisance species fund, combining the 2 existing funds into one fund. Sections 5 and 26 make conforming amendments regarding the combining of the 2 funds into one renamed fund. Section 21 removes the $5 cap on the fee that the division may charge a person for replacement of a lost or destroyed pass or registration. The fee is set at 50% of the cost of the original pass or registration. Section 22 defines 'nonmotorboat'. Section 24 changes the penalty for a violation of statutes and rules concerning parks and recreation for which a specific penalty is not listed from a class 2 petty offense to a misdemeanor and raises the fine from $50 to $100. Section 25 establishes that engaging in conduct that requires a permit, pass, or sticker issued by the division without a permit, pass, or sticker is a violation subject to a fine amount equal to twice the cost of the most expensive permit, pass, or sticker issued for the activity that the person unlawfully engaged in without the requisite permit, pass, or sticker. (Note: This summary applies to this bill as introduced.) Status: 4/5/2017 Introduced In House ­ Assigned to Agriculture, Livestock, & Natural Resources Fiscal Notes Status: Fiscal note currently unavailable Analyze This Comments: Strongly Support: Fri, April 07, 2017, by Jstokes@fcgov.com (07­Apr­17) Colorado Parks and Wildlife is a critical partner to the City's Natural Areas Department. Staff from the two organizations are in contact almost every week about a range of issues: nuisance wildlife, endangered species recovery, fish stocking, etc. CPW has been frozen in its funding since the early 2000's and this bill restores funding back to those levels. N/A: Fri, April 07, 2017, by Jstokes@fcgov.com (07­Apr­17) Aligned. N/A: Fri, April 07, 2017, by Jstokes@fcgov.com (07­Apr­17) John Stokes Status History: Status History Analyze This: Comments SB17­014 Limits On Underground Storage Tank Regulation Comment: Position: Monitor Calendar Notification: Thursday, April 13 2017 House Transportation & Energy Upon Adjournment Room 0112 (2) in house calendar. News: Sponsors: R. Baumgardner | D. Coram / J. Becker Summary: Transportation Legislation Review Committee. The bill prohibits a local government from imposing inspection requirements for underground petroleum storage tanks or charging inspection fees for the inspection of underground petroleum storage tanks. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 2/9/2017 Introduced In House ­ Assigned to Transportation & Energy Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Strongly Oppose: Fri, January 27, 2017, by mzoccali@fcgov.com (27­Jan­17) Since the early 1980’s, the City of Fort Collins (City), through its development review process and building inspection, along with Poudre Fire Authority’s (PFA) Fire Prevention Bureau, have been conducting plan reviews and inspections of Underground Storage Tanks (UST). These important proactive processes were implemented due to several instances of leaking USTs causing environmental contamination, human health, and property protection concerns in the Fort Collins area. The City adopted accepted industry standards and worked with the model codes to develop reasonable guidelines and requirements for the safe installation and removal of UST’s. The City and PFA work closely with the Larimer County Health Department, the United Stated Environmental Protection Agency, (EPA), Colorado Oil and Gas Commission, and others stakeholders to prevent a reoccurrence of these issues in our community. PFA is the primary inspection and enforcement agency for UST’s and review numerous installs and removals each year as well as responding to spills and leaks when they do happen. All new gas stations require plan review, permitting, and inspections for the tank piping and other services such as electrical, backfill, and tank support. Fees are applied to offset costs for staff time related to plan review and inspection; Both the City and PFA strongly oppose this bill as it limits local control for an issue that has and will have direct and significant impact on our community in the instance of a leak or other emergency occurs. It is important to note that the Uniform Fire Code has not been published since 2000 and the fire code adopted by most jurisdictions in Colorado is the International Fire Code. Oppose: Fri, January 27, 2017, by mzoccali@fcgov.com (27­Jan­17) The comments submitted in this action align with City of Fort Collins Legislative Policy, specifically in relation to policy statements for Development Review and Inspection and Planning and Land Use. Development Review and Inspection Fort Collins City Council adopts a land use code, zoning and new and existing property inspection protocol. The City supports retention of home­rule control in aligning development review and inspections with local priorities. In recent sessions, state legislators have introduced measures aimed at having local inspectors provide inspection for building types outside existing responsibilities without additional resources provided to conduct this work. Therefore, the City supports the following policy statements: 1. Financially compensate a jurisdiction or agency for additional work of inspectors through fees or other means. 2. Give local governments choices in accepting additional inspection work. 3. Allow local governments to determine the time needed to conduct development review and inspection timelines. Planning and Land Use Effective local land use planning and land development regulation contributes to the quality of life enjoyed primarily by Fort Collins residents, yet shared regionally within Larimer County. State legislation can influence local governments’ ability to develop and implement land use plans for their communities. Therefore, the City supports the following policy statements: 1. Require regional cooperation in land use and transportation planning, and foster sustainable development, without unduly constraining the City’s home rule powers. 2. Prohibit the annexation of land that is located within the boundaries of a Growth Management Area that was legally established by an intergovernmental agreement between a municipality and a county by any municipality not a party to the agreement. 3. Limit the definition of a compensable taking and/or the definition of vested property rights beyond the provisions of existing law. 4. Retain local government authority to impose development impact fees. 5. Increase cities’ ability to regulate industrial land uses like oil and gas exploration and extraction. 6. Foster equitable public housing policies that balance protection of tenants and landlords. Oppose: Fri, January 27, 2017, by mzoccali@fcgov.com (27­Jan­17) Battalion Chief Robert Poncelow Status History: Status History Analyze This: Comments SB17­021 Assistance To Released Mentally Ill Offenders Comment: Position: Monitor Calendar Notification: NOT ON CALENDAR News: Sponsors: B. Martinez Humenik / J. Singer Summary: Legislative Oversight Committee Concerning the Treatment of Persons with Mental Illness in the Criminal and Juvenile Justice Systems. The bill directs the division of housing in the department of local affairs to establish a program to provide vouchers and supportive services to persons with a mental illness who are being released from the department of corrections (DOC) or jails. The program is funded by general fund appropriations and from money unspent by the division of criminal justice (CDPS) for community corrections programs in the previous fiscal year. The bill directs the behavioral health unit in the department of human services, in conjunction with the DOC, to implement reentry programs to assist persons with a mental illness who are transitioning from incarceration. If necessary, the programs may receive money from the community corrections appropriation to CDPS. The bill appropriates $2.7 million to the department of local affairs. (Note: This summary applies to this bill as introduced.) Status: 3/15/2017 Senate Committee on Judiciary Refer Amended to Appropriations Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Support: Mon, February 13, 2017, by Beth Sowder (bsowder@fcgov.com) (13­Feb­17) It does not appear that we would be directly impacted by this bill but we strongly support any additional assistance for those leaving the jail, especially for folks dealing with mental illness. If alcohol abuse would be covered by the definition they use, that would be especially helpful. We believe that this is something that could positively affect those in our community who get caught in this cycle of mental health and incarceration. This bill is also aligned with the policy of trying to keep the direct provision of social services funded at the county, state or federal level. N/A: Mon, February 13, 2017, by Beth Sowder (bsowder@fcgov.com) (13­Feb­17) Yes N/A: Mon, February 13, 2017, by Beth Sowder (bsowder@fcgov.com) (13­Feb­17) Judge Kathleen Lane and Andrea Little Status History: Status History Analyze This: Comments SB17­040 Public Access To Government Files Comment: Official LRC Position is Oppose Unless Amended to exclude cities. Position: Oppose Calendar Notification: Monday, April 24 2017 Finance 1:30 p.m. Room LSB­A (1) in house calendar. News: Sponsors: J. Kefalas / D. Pabon Summary: Section 1 of the bill adds a legislative declaration. Section 4 of the bill modifies the 'Colorado Open Records Act' (CORA) by creating new procedures governing the inspection of public records that are stored as structured data. Section 2 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. Section 2 of the bill provides a definition of the term 'infrastructure security data'. Section 2 also specifies that, for purpose of the definition of 'public records in CORA, the terms 'state' and 'agency' include the judicial department of state government. If the custodian has made the requested records publicly available in a structured data format, section 3 of the bill allows the custodian to satisfy the request by redirecting the requester, in writing and in detail, to the location of the records. If public records are stored as structured data, section 4 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 4 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 that are subject to disclosure in a requested format, the custodian is required to produce the records in an alternate format or issue a denial 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 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 or to release metadata. When a custodian produces records in a searchable or structured format, the choice of format is in the sole discretion of the custodian. Section 4 also clarifies that the bill does not relieve or mitigate the obligations of a custodian to produce records in a format accessible to individuals with disabilities in accordance with Title II of the federal 'Americans with Disabilities Act', and other federal or state laws. Section 5 of the bill adds as an additional ground that a custodian has for disallowing the inspection of public records that the inspection seeks access to infrastructure security data. This section of the bill also permits the custodian to deny the right of inspection of the following records, unless otherwise provided by law, on the ground that disclosure to the applicant would be contrary to the public interest: Software programs; network and systems architectural designs; source code; source documentation; information in tangible or intangible form relating to released and unreleased software or hardware, database design structures, database schema and architecture, security structures and architecture, and data stored in support structures; agency original design ideas; nonpublic business policies and practices relating to software development and use; and the terms and conditions of any actual or proposed license agreement or other agreement concerning the products and licensing negotiations. The bill permits any public employee, or former public employee, of any branch or level of government, to request that his or her home address, personal telephone number, or other similar personal identifying or location information be withheld from the production of any public records produced in a structured data or searchable format by presenting to any custodian of such public records a written declaration signed by the employee attesting that disclosure of the personal identifying or location information poses a credible risk to the health, welfare, safety, or security of the employee or to any member of the employee's family or household. Upon receipt of a signed declaration meeting the bill's requirements or a declaration containing the same information that has been executed by a federal law enforcement agency, POST certified law enforcement official, or a judicial officer, the custodian of any public records produced in a structured data or searchable format is required to either deny the inspection of such public records or redact from any such public records provided to any requester in a structured data or searchable format the employee's personal identifying or location information. The bill prohibits any claim of any kind from being asserted against either any records custodian or any agency of government that is premised on the failure of the custodian or the agency to comply with these requirements of the bill. If the custodian denies access to any record on the grounds that the record contains infrastructure security data, the bill requires the custodian to forthwith furnish the applicant with a written statement specifying why the requested record is infrastructure security data. At the same time, the custodian is also required to provide copies of the written statement to the attorney general of the state and also to the division of homeland security and emergency management within the department of public safety. The applicant may apply to state district court for a determination that the requested record is in fact a public record and does not satisfy the definition of infrastructure security data. In such legal action, the applicant bears the burden of proof. Section 5 also 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 6 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 7 repeals the existing criminal misdemeanor offense and penalty for a willful and knowing violation of CORA. Section 8 of the bill appropriates $50,810 to the judicial department for the 2017­18 state fiscal year from the general fund. This section of the bill also appropriates $855 to the department of law for the 2017­18 state fiscal year. This latter appropriation is from reappropriated funds received from the office of the state public defender in the judicial department. To implement the bill, the department of law is permitted to use this appropriation to provide legal services for the office of the state public defender in the judicial department. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 3/23/2017 Introduced In House ­ Assigned to Finance Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Monitor/Oppose: Wed, February 15, 2017, by dcoldiron@fcgov.com (15­Feb­17) There are many concerns that this bill raises. The way the bill is written, some of the following challenges could be difficult for agencies to manage: • It appears very possible that data requests for formats that the technical staff is not familiar with could be submitted and the agency could be required to respond, requiring training, etc. • There are a very large number of possibilities of data formats that could be requested, which agencies may or may not be able to provide, creating a variety of challenges. • Many data sets in systems operated by agencies are owned, maintained and sourced by external providers. Direct access to the data or retrieval of the data within these systems may not be reasonably possible within the limits of the contractual agreements • It is very common for systems to be maintained by very limited staff resources within many agencies. Often, only one person within the organization is trained and familiar enough with the data within the system and thus capable of extracting requested data. Numerous requests could create significant resourcing challenges for an agency. Also, requests submitted during a leave of a lone technical person capable of responding would be impossible to fulfill. • Structured data is stored across all functions of an organization and maintained by a variety of staff, not just technical staff. Large numbers of data sets exist in format such as Microsoft Excel and Microsoft Access and have been developed and created by non­technical staff, such as finance analysts. Requests for these data sets could be potentially challenging for non­technical staff to respond, given the technical training and expertise needed to fulfil the request appropriately. Finally, should a significant number of requests for structured data be submitted, it is possible that there will be an increase in the workload of technology staff in many organizations sufficient to require the agency to increase permanent FTE to accommodate. N/A: Wed, February 15, 2017, by dcoldiron@fcgov.com (15­Feb­17) Dan Coldiron, CIO Status History: Status History Analyze This: Comments SB17­045 Construction Defect Claim Allocation Of Defense Costs Comment: Position: Support Calendar Notification: Thursday, April 13 2017 SENATE APPROPRIATIONS COMMITTEE 8:40 AM SCR 357 (3) in senate 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 (24­Jan­17) SB17­045 primarily benefits builders by providing an answer early on in litigation regarding which insurers are on the hook for the costs of defense. The determination of liability for the costs of defense early on is meant to incentivize builders who might otherwise balk at taking on certain projects because of the uncertainty regarding whether the costs of defense will be covered, or whether a builder may need to fund their defense and fight with insurance after the fact over payment. N/A: Tue, January 24, 2017, by Tleeson@fcgov.com (24­Jan­17) The City Council desires to encourage affordable residential condominium construction in Fort Collins through the efficient and fair resolution of construction defect claims, without compromising the rights and remedies condominium homeowners associations and individual condominium owners have under state law. N/A: Tue, January 24, 2017, by Tleeson@fcgov.com (24­Jan­17) Tom Leeson Status History: Status History Analyze This: Comments SB17­082 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: 4/12/2017 Senate Committee on Health & Human Services Refer Amended to Senate Committee of the Whole Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Support: Fri, January 27, 2017, by jschiager@fcgov.com (27­Jan­17) I believe that there could be risks associated with these clinics and regulating them and where they can be in a reasonable way makes sense. Yes: Fri, January 27, 2017, by jschiager@fcgov.com (27­Jan­17) From a public safety standpoint it makes sense to regulate these clinics. Status History: Status History Analyze This: Comments SB17­112 Sales & Use Tax Payment To Wrong Local Government Comment: Position: Calendar Notification: NOT ON 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: 4/12/2017 Signed by the President of the Senate Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Status History: Status History Analyze This: SB17­117 Recognize Industrial Hemp Agricultural Product For Agricultural Water Right Comment: Position: Oppose Calendar Notification: Monday, April 17 2017 Agriculture, Livestock, & Natural Resources 1:30 p.m. Room 271 (1) in house 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: 4/10/2017 House Committee on Agriculture, Livestock, & Natural Resources Lay Over Unamended ­ Amendment(s) Failed Fiscal Notes Status: Fiscal impact for this bill Analyze This Oppose: Tue, February 14, 2017, by Cwebb@fcgov.com Comments: (14­Feb­17) While this bill doesn't have any direct impacts on City operations, it may negatively impact our water rights portfolio and decrees. The bill may set a precedent for narrowly describing the appropriate use of water rights that the City owns and reducing any flexibility in using those rights in the future. No: Tue, February 14, 2017, by Cwebb@fcgov.com (14­Feb­17) While the legislative policy agenda contains statements of support for urban agriculture, it is not specific related to the production of hemp. Also, hemp is not likely to be an urban ag crop. N/A: Tue, February 14, 2017, by Cwebb@fcgov.com (14­Feb­17) Carol Webb Status History: Status History Analyze This: Comments SB17­134 Alcohol Beverage Licensee Penalty Application Comment: Position: Monitor Calendar Notification: NOT ON CALENDAR News: Sponsors: J. Tate / D. Nordberg | L. Herod Summary: The bill limits penalties for violations relating to the sale of alcohol beverages to a visibly intoxicated or underage person that occur in a sales room for licensees operating a beer wholesaler, winery, limited winery, or distillery, or in a retail establishment, for licensees operating a brew pub, vintner's restaurant, or distillery pub, by prohibiting the licensing authority from:  Basing any fine on the estimated gross revenues of any manufacturing or wholesale activities of the licensee; and  Extending any suspension to the manufacturing or wholesale activities of the licensee. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 3/30/2017 Governor Signed Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Neutral: Thu, February 09, 2017, by WWinkelmann@fcgov.com (09­Feb­17) We do not perceive any issues related to this bill on City Operations. Status History: Status History Analyze This: Comments SB17­138 Election Watchers Comment: Position: Calendar Notification: Friday, April 14 2017 THIRD READING OF BILLS ­ FINAL PASSAGE (1) in senate calendar. News: Sponsors: J. Tate / M. Foote Summary: In connection with the role of watchers in elections, the bill does the following:  Section 1 of the bill authorizes each political party participating in a primary election to have at least one watcher at any one time in each voter service and polling center in the county and at each place where votes are counted. This section requires the chairperson of the county central committee of each political party to select the names of the persons who will represent their political party in each precinct in the county as a watcher. If such chairperson is not able to make the appointments, the chairperson of the state central committee of the political party or another official of the state political party are required to make the appointments. The date by which the chairperson is required to submit the names of the watchers is specified.  Section 2 requires that, in the case of an issue committee, the registered agent of the issue committee is the authorized representative of the issue committee entitled to appoint one or more watchers. The date by which the appointing authority is required to submit the names of the appointees is specified.  Section 3 imposes the same requirements with respect to proponents and opponents of a ballot issue.  Section 4 specifies procedures to be followed if a watcher sees a potential discrepancy. This section of the bill also allows the watcher to observe the process of signature verification. This section of the bill additionally contains an oath or affirmation that a person appointed as a watcher is to recite before beginning his or her service.  Section 5 removes an existing exception to a prohibition on the sale, disclosure, or release of a photocopied or microfilmed image of an elector's signature to effect an overall ban on the sale, disclosure, or release of certain confidential personal information.  Section 6 gives county clerk and recorders the same access to the criminal history records of watchers as they currently have with respect to election judges and gives the secretary of state the power to require that certain duties may only be performed by watchers for whom the county clerk and recorder has requested their criminal justice records. This section further clarifies that such duties performed by a watcher include observing electors' records in the statewide voter registration system. (Note: This summary applies to this bill as introduced.) Status: 4/11/2017 Senate Third Reading Laid Over to 04/13/2017 ­ No Amendments Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: No Effect: Tue, April 11, 2017, by wwinkelmann@fcgov.com (11­Apr­17) Because this bill amends Title 1 (which we do not follow), there is no impact to Fort Collins. Status History: Status History Analyze This: Comments SB17­155 Statutory Definition Of Construction Defect Comment: Position: Support Calendar Notification: NOT ON CALENDAR News: Sponsors: J. Tate / L. Saine Summary: The bill separately defines and clarifies the term 'construction defect' in the 'Construction Defect Action Reform Act'. (Note: This summary applies to this bill as introduced.) Status: 2/3/2017 Introduced In Senate ­ Assigned to Business, Labor, & Technology Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Support: Wed, February 15, 2017, by Tleeson@fcgov.com (15­Feb­17) Hard to understand the intent of this change as the new definition of construction defect is similar to the existing language. Does not appear to be a significant change. N/A: Wed, February 15, 2017, by Tleeson@fcgov.com (15­Feb­17) Tom Leeson Status History: Status History Analyze This: Comments SB17­156 Homeowners' Association Construction Defect Lawsuit Approval Timelines Comment: Position: Support Calendar Notification: Wednesday, April 19 2017 State, Veterans, & Military Affairs 1:30 p.m. Room LSB­A (6) in house calendar. News: Colorado construction defect housing effort similar to past attempts that ended in failure Sponsors: O. Hill / L. Saine | C. Wist Summary: The bill states that when the governing documents of a common interest community require mediation or arbitration of a construction defect claim and the requirement is later amended or removed, mediation or arbitration is still required for a construction defect claim. These provisions are in section 3 of the bill. Section 3 also specifies that the mediation or arbitration must take place in the judicial district in which the community is located and that the arbitrator must:  Be a neutral third party;  Make certain disclosures before being selected; and  Be selected as specified in the common interest community's governing documents or, if not so specified, in accordance with applicable state or federal laws governing mediation or arbitration. Section 1 of the bill specifies that, in the arbitration of a construction defect action, the arbitrator is required to follow the substantive law of Colorado with regard to any applicable claim or defense and any remedy granted, and a failure to do so is grounds for a district court to vacate or refuse to confirm the arbitrator's award. Section 4 of the bill requires that, before a construction defect claim is filed on behalf of the association:  The parties must submit the matter to mediation before a neutral third party; and  The board must give advance notice to all unit owners, together with a disclosure of the projected costs, duration, and financial impact of the construction defect claim, and must obtain the written consent of the owners of units to which at least a majority of the votes in the association are allocated. Section 5 of the bill adds to the disclosures required prior to the purchase and sale of property in a common interest community a notice that the community's governing documents may require binding arbitration of certain disputes. (Note: This summary applies to 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 (15­Feb­17) The bill states that when the governing documents of a common interest community require mediation or arbitration of a construction defect claim and the requirement is later amended or removed, mediation or arbitration is still required for a construction defect claim. This is an improvement to the current law as it does not allow the dispute resolution process to be removed by a common interest community board that was put in place when the common interest community was created. This is most likely preferred by the building community and may help to alleviate some of the concerns with building these types of units, which is consistent with City policy. N/A: Wed, February 15, 2017, by Tleeson@fcgov.com (15­Feb­17) Tom Leeson Status History: Status History Analyze This: Comments SB17­179 Fee Limits For Solar Energy Device Installations Comment: Position: Oppose Calendar Notification: NOT ON CALENDAR News: Sponsors: A. Kerr | B. Gardner / L. Herod | L. Sias 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: 4/3/2017 House Third Reading Passed ­ No Amendments Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Monitor/Oppose: Wed, March 01, 2017, by jphelan@fcgov.com (01­Mar­17) 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 (01­Mar­17) 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 (01­Mar­17) Tim McCollough or John Phelan Status History: Status History Analyze This: Comments SB17­184 Private Marijuana Clubs Open And Public Use Comment: Position: Oppose Calendar Notification: Thursday, April 13 2017 GENERAL ORDERS ­ SECOND READING OF BILLS (3) in house 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: 4/7/2017 House Second Reading Laid Over to 04/10/2017 ­ No Amendments Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Monitor: Mon, February 27, 2017, by wwinkelmann@fcgov.com (27­Feb­17) Staff is unclear how this bill comports with the Colorado Clean Indoor Air Act. Status History: Status History Analyze This: Comments SB17­188 Repeal Income Tax Credit Innovative Motor Vehicles Comment: Position: Monitor Calendar Notification: Monday, April 17 2017 GENERAL ORDERS ­ SECOND READING OF BILLS (2) in senate 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 2017­18 state fiscal year and each fiscal year thereafter through the 2020­21 state fiscal year, the bill requires the state controller to credit an amount of tax revenue estimated to be retained by 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 2020­21 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: 4/11/2017 Senate Second Reading Laid Over to 04/17/2017 ­ No Amendments Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: N/A: Wed, March 01, 2017, by Ginny Sawyer (gsawyer@fcgov.com) (01­Mar­17) 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) (01­Mar­17) 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 market­based mechanisms to reduce (greenhouse gas) emissions.” The bill would eliminate the income tax credit for innovative vehicles, including electric and plug­in 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 co­benefits. N/A: Wed, March 01, 2017, by Ginny Sawyer (gsawyer@fcgov.com) (01­Mar­17) 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 SB17­192 Marijuana Business Efficiency Measures Comment: Position: Oppose Calendar Notification: NOT ON CALENDAR News: Colorado lawmakers inch towards allowing marijuana consumption clubs Sponsors: T. Neville / J. Singer | J. Melton Summary: The bill allows the state licensing authority to authorize single­instance transfers of retail marijuana or retail marijuana products from a retail marijuana licensee to a medical marijuana licensee. If granted, the transfer must be completed within 30 days of the date the transfer was approved. A retail marijuana license that is subject to suspension is not eligible for the transfer and any retail marijuana or retail marijuana product that is subject to an administrative hold is not eligible for transfer. 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 department the authority to calculate the average market rate 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 state excise tax on affiliated transactions, and the contract price should be used to calculate the excise tax on unaffiliated transactions. The bill clarifies that the average market rate will be used to calculate the excise tax on all county, municipal, or metropolitan district transactions. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 4/12/2017 Introduced In House ­ Assigned to Finance + Appropriations Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Oppose: Mon, February 27, 2017, by wwinkelmann@fcgov.com (27­Feb­17) 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 "opt­in" 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 SB17­205 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 2016­17, 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 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: 4/4/2017 Senate Committee on Transportation Postpone Indefinitely Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Status History: Status History Analyze This: SB17­213 Automated Driving Motor Vehicles Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors: D. Moreno | O. Hill / F. Winter | J. Bridges Summary: The bill declares that the regulation of automated driving systems is a matter of statewide concern, and, therefore, local authorities are prohibited from setting different standards for these systems than for human drivers. 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 obtain approval from the Colorado state patrol and the Colorado department of transportation. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 4/11/2017 House Consideration of First Conference Committee Report result was to Adopt Committee Report ­ Repass Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Status History: Status History Analyze This: SB17­247 Electricians Inspectors Licensing Qualifications Comment: Position: Calendar Notification: Thursday, April 13 2017 Business Affairs and Labor 1:30 p.m. Room LSB­A (1) in house calendar. News: Sponsors: K. Priola / D. Pabon Summary: Beginning January 1, 2019, section 1 of the bill waives the continuing education requirement, otherwise applicable upon every renewal or reinstatement of an electrician's license, for the first renewal or reinstatement of the license of an electrician who passed the appropriate written examination in connection with his or her initial license application. Section 2 phases out an existing provision allowing the hiring of inspectors of 1­ to 4­family dwellings who have specified certifications and experience but may not have passed Colorado's written residential wireman's examination. The provision is repealed as of January 1, 2019, except for inspectors hired on or before that date by a city, town, county, or city and county who meet the existing requirements. Those individuals have until January 1, 2023, to meet the new requirements. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 4/5/2017 Introduced In House ­ Assigned to Business Affairs and Labor Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Monitor: Mon, April 10, 2017, by Mgebo@fcgov.com (10­Apr­17) Section 1, no impact on the City Section 2, it is important to be able to hire electrical inspectors with credentials from other agencies, not just the State Status History: Status History Analyze This: Comments SB17­252 Utility Cost­saving Contract For Local Governments Comment: Position: Calendar Notification: Wednesday, April 26 2017 Local Government 1:30 p.m. Room 0107 (5) in house calendar. News: Sponsors: J. Tate / J. Coleman | L. Liston Summary: Current law allows boards of political subdivisions to enter into energy cost­ savings contracts for utility cost savings. Utility cost savings are defined in law to include an installation, modification, or service that is designed to reduce energy consumption and related operating costs in buildings and other facilities. The bill specifies that the boards may also enter into energy cost­ savings contracts for increasing meter accuracy, which is defined as a utility cost­savings measure. The bill also changes the definition of 'operation and maintenance cost savings' to clarify that the calculation must be made on a net basis. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 3/31/2017 Introduced In House ­ Assigned to Local Government Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: No Effect: Fri, March 31, 2017, by jphelan@fcgov.com (31­Mar­17) The bill's clarification of organization's ability to enter into energy performance contracts appears to have no impact on the City of Fort Collins or Fort Collins Utilities. No Effect: Fri, March 31, 2017, by jphelan@fcgov.com (31­Mar­17) see above N/A: Fri, March 31, 2017, by jphelan@fcgov.com (31­Mar­17) see above Status History: Status History Analyze This: Comments SB17­267 Sustainability Of Rural Colorado Comment: Position: Calendar Notification: Thursday, April 13 2017 SENATE APPROPRIATIONS COMMITTEE 8:40 AM SCR 357 (5) in senate calendar. News: Sponsors: L. Guzman | J. Sonnenberg / J. Becker | K. Becker Summary: Section 3 of the bill eliminates annual statutory transfers of general fund revenue to the highway users tax fund (HUTF) and the capital construction fund for state fiscal years 2017­18, 2018­19, and 2019­20. Section 1 makes statutory general fund transfers to the state public school fund in amounts equal to the amounts of the eliminated statutory transfers to the HUTF for the sole purpose of reducing, proportionally to the extent feasible, the financial impacts of inconsistent funding of the state share of district total program on rural and small rural school districts. Section 2 requires executive branch departments to submit 2018­19 budget requests to the office of state planning and budgeting (OSPB) that are at least 2% lower than their 2017­18 budgets. The OSPB must strongly consider the budget reduction proposals made by each department when preparing the annual executive budget proposals to the general assembly and shall seek to ensure that the executive budget proposal for each department is at least 2% lower than the department's actual budget for the 2017­18 fiscal year. Section 5 authorizes the state to execute lease­purchase agreements for eligible state facilities to generate up to $1.35 billion of net proceeds, with maximum annual lease payments of $100 million for up to 20 years. Lease payments must be paid first from any legally available money under the control of the transportation commission and next from the general fund or any other legally available source of money. $1.2 billion of the net proceeds are credited to the HUTF and allocated to the state highway fund and $150 million of the net proceeds are credited to the capital construction fund, with such amounts being reduced proportionally if the full $1.35 billion of net proceeds is not received. As specified in section 19 , the department of transportation (CDOT) may use the net proceeds only for qualified federal aid highway projects, with at least 25% of the money being used for projects that are located in counties with populations of 50,000 or less. Section 6 creates the Colorado healthcare affordability and sustainability enterprise (enterprise) as a type 2 agency and government­owned business within the department of health care policy and financing (HCPF) for the purpose of participating in the implementation and administration of a Colorado healthcare affordability and sustainability program (program) on and after July 1, 2017, and creates a board consisting of 13 members appointed by the governor with the advice and consent of the senate to govern the enterprise. The business purpose of the enterprise is, in exchange for the payment of a new healthcare affordability and sustainability fee (fee) by hospitals to the enterprise, to administer the program and thereby support hospitals that provide uncompensated medical services to uninsured patients and participate in publicly funded health insurance programs by:  Participating in a federal program that provides additional matching money to states;  Using fee revenue, which must be credited to a newly created healthcare affordability and sustainability fee fund and used solely for purposes of the program, and federal matching money to:  Reduce the amount of uncompensated care that hospitals provide by increasing the number of individuals covered by publicly funded health insurance; and  Increase publicly funded insurance reimbursement rates to hospitals; and  Providing or contracting for or arranging advisory and consulting services to hospitals and coordinating services to hospitals to help them more effectively and efficiently participate in publicly funded insurance programs. The bill does not take effect if the federal centers for medicare and medicaid services determine that it does not comply with federal law. The enterprise is designated as an enterprise for purposes of the taxpayer's bill of rights (TABOR) so long as it meets TABOR requirements. The primary powers and duties of the enterprise are to:  Charge and collect the fee from hospitals;  Leverage fee revenue collected to obtain federal matching money;  Utilize and deploy both fee revenue and federal matching money in furtherance of the business purpose of the enterprise;  Issue revenue bonds payable from its revenues;  Enter into agreements with HCPF as necessary to collect and expend fee revenue;  Engage the services of private persons or entities serving as contractors, consultants, and legal counsel for professional and technical assistance and advice and to supply other services related to the conduct of the affairs of the enterprise, including the provision of additional business services to hospitals;  Seek any federal waiver necessary to fund and, in cooperation with HCPF and hospitals, support the implementation, no earlier than October 1, 2019, of a health care delivery reform incentive payments program that will improve health care access and outcomes for individuals served by HCPF while efficiently utilizing available financial resources. The health care delivery reform incentive payments program must include, at a minimum, an initial planning phase to assess needs and develop achievable outcome­based metrics to be used to measure progress towards specified program goals and address specified focus areas.  Adopt and amend or repeal policies for the regulation of its affairs and the conduct of its business. The existing hospital provider fee program is repealed by section 18 and the existing hospital provider fee oversight and advisory board is abolished, effective July 1, 2017. So long as the enterprise qualifies as a TABOR­exempt enterprise, fee revenue does not count against either the TABOR state fiscal year spending limit or the referendum C cap, the higher statutory state fiscal year spending limit established after the voters of the state approved referendum C in 2005. The bill clarifies that the creation of the new enterprise to charge and collect the fee is the creation of a new government­owned business that provides business services to hospitals as an enterprise for purposes of TABOR and related statutes and does not constitute the qualification of an existing government­ owned business as a new enterprise that would require or authorize downward adjustment of the TABOR state fiscal year spending limit or the referendum C cap. Section 4 lowers the referendum C cap for the 2017­18 fiscal year and subsequent fiscal years. Section 16 requires HCPF, within 120 days of the enactment of the federal 'Advancing Care of Exceptional Kids Act', to seek any federal waiver necessary to fund, in cooperation with hospitals that meet the specified requirements, the implementation of an enhanced pediatric health home for children with complex medical conditions. (Note: This summary applies to this bill as introduced.) Status: 4/11/2017 Senate Committee on Finance Refer Amended to Appropriations Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Oppose: Tue, April 11, 2017, by Mjackson@fcgov.com (11­Apr­17) While it is easy to feel for the plight of rural education, taking away critically needed finanacial resources from aging and inadequate transportation infrastructure needs seems short­sighted at best. At a time when CDOT and urban and rural communities alike cannot meet needs for maintenance and improvemetns to transportation infrastructure, a three year halt of contribution to HUTF would have critical ramifications. Oppose: Tue, April 11, 2017, by Mjackson@fcgov.com (11­Apr­17) Providing adequate transporation resources for maintenance and improvement of infrastrucutre is a Council priority. Oppose: Tue, April 11, 2017, by Mjackson@fcgov.com (11­Apr­17) Mark Jackson, Ginny Sawyer Status History: Status History Analyze This: Comments SB17­278 Prohibit Nuisance Exhibition Motor Vehicle Exhaust Comment: Position: Calendar Notification: Monday, April 17 2017 GENERAL ORDERS ­ SECOND READING OF BILLS (4) in senate calendar. News: Sponsors: D. Coram / J. Ginal Summary: The bill prohibits engaging in a nuisance exhibition of motor vehicle exhaust, which is the act of knowingly blowing black smoke through one or more exhaust pipes attached to a motor vehicle with a gross vehicle weight rating of 14,000 pounds or less in a manner that obstructs or obscures the view of another driver, a bicyclist, or a pedestrian. A person who violates the prohibition commits a class A traffic infraction, punishable by a fine of $100. (Note: This summary applies to this bill as introduced.) Status: 4/11/2017 Senate Committee on Transportation Refer Unamended to Senate Committee of the Whole Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Status History: Status History Analyze This: SB17­279 Applicability Recent Urban Renewal Legislation Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors: B. Martinez Humenik | R. Zenzinger / M. Gray | S. Beckman Summary: The bill clarifies the applicability provisions of legislation enacted in 2015 and 2016 to promote an equitable financial contribution among affected public bodies in connection with urban redevelopment projects allocating tax revenues in the following respects:  The bill clarifies that a substantial modification of an urban renewal plan (plan) is a proposed modification that substantially changes provisions of the plan regarding land area, land use, authorization to collect incremental tax revenue, the extent of the use of tax increment financing, the scope or nature of the urban renewal project, the scope of method of financing, design, building requirements, timing, or procedure, as previously approved, or where the modification will substantially clarify a plan that, when approved, was lacking in specificity as to the urban renewal project or financing. If the modification is substantial, the modification is subject to pertinent requirements of the urban renewal law addressing modifications. For plans to which a pledge of the revenues deposited into the special fund was made by an indenture or other legally binding document that is separate from the plan itself prior to January 1, 2016, a pledge to secure the payment of refunding bonds is not a substantial modification and is not subject to the modification requirements of the urban renewal law.  Not less than 30 days prior to approving any modification of a plan, the bill requires the governing body or an urban renewal authority (authority) to provide a detailed written description of the proposed modification to each taxing entity that levies taxes on property located within the urban renewal area and a notice of the date and time of the meeting at which the governing body will consider the modification. Any taxing entity that levies taxes on property located within the urban renewal area may file an action in the state district court exercising jurisdiction over the county in which the urban renewal area is located for an order determining, under a de novo standard of review, whether the modification is a substantial modification. Further, if requested by the taxing entity, the court is required to enjoin any action by the authority pursuant to the modification until the court has determined whether the modification is a substantial modification and, if so, the court is required to further enjoin any action by the authority until there has been compliance with statutory provisions addressing the sharing of incremental property tax revenues.  The bill prohibits any action from being brought to enjoin any undertaking or activity of the authority to a plan, including the issuance of bonds, the incurrence of other financial obligations, or the pledge of revenue, unless the action is commenced within 45 days after the date the authority provided notice of its intention regarding such undertaking or activity. The notice must describe the undertaking or activity proposed to be engaged in by the authority and specify that any action to enjoin the undertaking or activity must be brought within 45 days from the date of the notice. The notice must be published one time in a newspaper of general circulation within the county. On or before the date of publication of the notice, the bill also requires the authority to mail a copy of the notice to each taxing entity that levies taxes on property within the urban renewal area.  Finally, the bill clarifies that legislation enacted in 2015 to promote an equitable financial contribution among affected public bodies in connection with urban redevelopment projects allocating tax revenues, legislation adopted in 2016 to clarify such 2015 legislation, and the bill apply to municipalities, authorities, and any plans created on or after January 1, 2016, and to any substantial modification of any plan approved on or after January 1, 2016. (Note: This summary applies to this bill as introduced.) Status: 4/12/2017 Introduced In House ­ Assigned to Business Affairs and Labor Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Status History: Status History Analyze This: SB17­282 Dedicate Reservoir Release Environmental Purposes Comment: Position: Calendar Notification: Thursday, April 20 2017 SENATE AGRICULTURE, NATURAL RESOURCES, & ENERGY COMMITTEE 1:30 PM SCR 357 (3) in senate calendar. News: Sponsors: J. Sonnenberg / D. Esgar | H. McKean Summary: The bill creates a process whereby an owner of a storage water right may obtain a decree that authorizes releases from storage to a downstream point of diversion or delivery for decreed beneficial uses to be dedicated to, and used by, the Colorado water conservation board in the intervening stream reach to preserve or improve the natural environment to a reasonable degree if specified conditions are satisfied. (Note: This summary applies to this bill as introduced.) Status: 4/3/2017 Introduced In Senate ­ Assigned to Agriculture, Natural Resources, & Energy Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Neutral: Mon, April 10, 2017, by Cwebb@fcgov.com (10­Apr­17) This bill could help the Halligan Water Supply Project by allowing the City to protect releases from Halligan Reservoir that will improve stream flows in the river. This bill could reduce the City's ability to establish new water exchanges on the river to meet its water needs, however our water supply modeling indicates that the need for new exchanges is limited. Neutral: Mon, April 10, 2017, by Cwebb@fcgov.com (10­Apr­17) Regarding policies related to Natural Areas and Open Lands: This bill could protect the Poudre River by mitigating the impacts of water projects that result in reduced streamflows, however it is unlikely to fully mitigate those impacts for any project. Regarding policies related to Utilities Services: this bill could provide the City with the flexibility to enhance in­stream flows while protecting the City’s water supply (specifically the Halligan Water Supply Project). N/A: Mon, April 10, 2017, by Cwebb@fcgov.com (10­Apr­17) Carol Webb and John Stokes Status History: Status History Analyze This: Comments SB17­285 Downtown Development Authorities Fairness Act Comment: Position: Calendar Notification: Tuesday, April 18 2017 SENATE FINANCE COMMITTEE 2:00 PM SCR 357 (1) in senate calendar. News: Sponsors: K. Grantham / P. Lawrence | K. Becker Summary: The bill modifies certain statutory requirements applicable to a downtown development authority (authority) in the following respects:  In all cases where any plan of development managed by the authority includes an allocation of property tax increment generated by the mill levy imposed by one or more public bodies that are not municipalities, the bill requires that one director of the board of such authority be appointed by agreement of the boards of county commissioners of each county other than a city and county whose property taxes are subject to allocation under any such plan. One director must also be appointed by agreement of the boards of education of each school district whose property taxes are subject to allocation under any such plan and one director must also be appointed by agreement of the boards of directors of each special district whose property taxes are subject to allocation under any such plan.  The bill specifies additional requirements applicable to the appointment of board members.  In connection with existing statutory procedures permitting an authority to allocate taxes it collects to a special fund to finance a plan of development, the bill clarifies that the taxes that may be allocated are the property taxes of specifically designated public bodies.  Before any plan of development containing any tax allocation provisions that allocates any taxes of any taxing entity other than the municipality may be approved by the municipal governing body, the bill requires the authority to notify the governing boards of each other taxing entity whose incremental property tax revenues would be allocated under such proposed plan. Representatives of the authority and the governing body of the municipality and of each taxing entity are then required to meet and attempt to negotiate an agreement governing the sharing of incremental property tax revenue collected within the plan of development area. The agreement may be entered into separately among the municipality, the authority, and each such taxing entity, or through a joint agreement among the municipality, the authority, and any taxing entity that has chosen to enter into that agreement. Any such shared incremental tax revenues governed by any agreement are limited to incremental revenue that may be allocated to a plan of development.  The bill gives the parties 120 days to negotiate an agreement. If, after such period has passed, the parties fail to enter into an agreement, the bill requires the parties to participate in mediation on the issue of the appropriate sharing of incremental property tax revenues and the costs of a development project among the municipality, the authority, and any such taxing entities whose incremental property tax revenues will be allocated pursuant to a plan of development and with whom an intergovernmental agreement with the municipality and the authority has not been reached.  The mediation is to be conducted by a mediator jointly selected by the parties. If the parties are unable to agree on the appointment of a single mediator, the bill specifies requirements governing the appointment by the parties of a 3­mediator panel, payment of the mediator's fees and costs, and issues the mediator is to consider in making his or her determination.  Within 90 days, the bill requires the mediator to issue his or her findings of fact as to the appropriate sharing of costs and incremental property tax revenues, and to promptly transmit such information to the parties. With respect to the use of incremental property tax revenues of each other taxing entity, following the issuance of findings by the mediator, the governing body of the municipality is required to:  Incorporate the mediator's findings on the use of incremental property tax revenues of any taxing body into the plan of development and an intergovernmental agreement and proceed to adopt the plan;  Amend the plan of development to delete authorization of the use of the incremental property tax revenues of any taxing body with whom an agreement has not been reached; or  Direct the authority to either incorporate the mediator's findings into one or more intergovernmental agreements with other taxing entities or enter into new negotiations with one or more taxing entities and enter into one or more intergovernmental agreements with such taxing entities that incorporate such new or different provisions concerning the sharing of costs and incremental property tax revenues with which the parties are in agreement.  The bill prohibits any incremental property tax revenues from being allocated to and paid into the special fund of the authority unless the municipality and the authority have satisfied the mediation and other requirements of the bill. (Note: This summary applies to this bill as introduced.) Status: 4/5/2017 Introduced In Senate ­ Assigned to Finance Fiscal Notes Status: Fiscal note currently unavailable Analyze This Comments: Monitor/Oppose: Wed, April 12, 2017, by MRobenalt@fcgov.com (12­Apr­17) Section 4. Effective date. Amendment only applies to DDA’s formed after January 1, 2018. No impact to FCDDA or City Operations if Section 4 stays intact as currently drafted. Per a legal analysis by Dee Wisor for the Coalition of Colorado DDAs, and confirmed by the pro­bill information sheet circulated by Colorado Counties, Inc. this bill only applies to future DDAs created after January 1, 2018. This should be monitored closely to ensure Section 4 remains intact. If this Section 4 is changed to include existing DDAs then strong opposition is needed. No: Wed, April 12, 2017, by MRobenalt@fcgov.com (12­Apr­17) Though the bill as drafted will not directly effect the FCDDA, this represents further encroachment by other levels of government into the governance and management of traditional municipal­oriented public financing and redevelopment tools. Yes: Wed, April 12, 2017, by MRobenalt@fcgov.com (12­Apr­17) Matt Robenalt ­ FCDDA will participate. Darin Atteberry, only if the current Section 4 is altered to include existing DDAs. Status History: Status History Analyze This: Comments RE: Low-Income Home Energy Assistance Program (LIHEAP) 2018 All Parties Letter to Congress Bottom Line LIHEAP, locally known as Low-Income Energy Assistance Program (LEAP), is an important federally funded utility assistance program managed by the State. Each year thousands of Fort Collins Utilities (Utilities) customers receive hundreds of thousands of dollars in assistance, providing vital heat payment support to City of Fort Collins residents. The 2016 Colorado LIHEAP allocation was $49,002,284. The latest Presidential budget proposes reducing the National LIHEAP budget to zero. Requested Action Request the Mayor sign the 2018 All Parties Letter in support of LIHEAP continued federal funding; see attached letter. The letter is organized and supported by the National Energy and Utility Affordability Coalition (NEUAC). NEUAC is a 501 (c) (3) broad-based coalition of diverse member organizations and individuals dedicated to heightening awareness of the energy needs of low-income energy consumers, fostering public-private partnerships and engaging in other activities to help address these needs. Summary LIHEAP helps low-income households with their home energy bills. By doing so the risk of health and safety problems (such as illness, fire, or eviction) is reduced. The Colorado LIHEAP program offers qualified residents the following types of assistance:  Bill payment assistance  Energy crisis assistance  Weatherization and energy-related home repairs Sufficiently funded, LIHEAP serves a vital, life-saving role protecting Fort Collins families from Colorado’s cold winters and hot summers. LIHEAP funding is necessary if this program is to continue to allow Colorado and its charitable partners to serve our most vulnerable households. Background Utilities partners with Colorado LEAP to administer the bill assistance program. The partnership is beneficial for several reasons:  Utilities access to LEAP data allows us to identify and target income-qualified participants for energy and cost saving programs with no direct cost to Utilities.  During the LEAP benefit season, Utilities accepts LEAP credits directly from the state. This ensures continuation of low-income customer utility services for at least 60 days, by keeping customers current and avoiding scheduled interruptions. Dear House and Senate Appropriators: We are writing in support of the Low Income Home Energy Assistance Program (LIHEAP). We urge you to make LIHEAP a top priority as you draft the FY2018 Labor-HHS-Education Appropriations Bill. Sufficiently funded, LIHEAP serves a vital, life-saving role protecting millions of families from America’s cold winters and hot summers. Strong LIHEAP funding is necessary if this program is to continue to allow states and their charitable partners to serve America’s most vulnerable households. LIHEAP is an efficient, effective program. It helps your most vulnerable constituents, including the elderly, the unemployed, families with young children, and the disabled. A large number of LIHEAP recipients are veterans. In FY 2015, 72% of the 6.8 million households receiving LIHEAP assistance had at least one member who was either elderly, disabled, or had a child under the age of five. LIHEAP is not an entitlement and does not receive increased funding as need increases. Congress must appropriate funding annually. While states set eligibility guidelines, federal statute sets the income maximum at 150 percent of the federal poverty guideline or 60 percent of the state’s median income. (For FY2017, 150% of the federal poverty guideline for a family of three is $30,240, see source.) Most LIHEAP recipients fall well below the maximum thresholds and many LIHEAP-eligible households fail to receive any assistance because of insufficient funds. In 2015, the national poverty rate was 13.5 percent and 43.1 million Americans lived in poverty, according to U.S. Census data. There’s no question that the need for a program like LIHEAP persists. A 2016 study from the Federal Reserve, found that nearly half of American families would struggle to pay for an emergency expense costing $400. LIHEAP frequently meets those exact short-term emergencies and is the difference between making ends meet or not. Between FY2009 and FY2016, LIHEAP’s appropriation was cut by more than one-third. We know that Congress has made and will continue to make difficult budget decisions – but reducing LIHEAP funding is not the answer. We strongly urge you to support increased LIHEAP funding in FY2018. An Open Letter to Congressional Appropriations Committees In Support of the Low Income Home Energy Assistance Program Bill waiting 2nd/3rd reading or not calendared (no fill) Bill signed by Governor (green) Bill no longer active (gray) Bill passed, date of action (green) First House Second House Bill scheduled in committee of reference (yellow) Bill status Legislative committee action scheduled, date and time (yellow) Bill postponed indefinitely or lost, date of action (red) Bill did not go on to second committee or no action required (black) SB 014 Limits On Underground Storage Tank Regulation Oppose* Monitor 1/11 Trans 1/31 2/3 2/6 Trans 4/13 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 Amended 1/11 SA 3/1 Ap 3/14 3/21 3/22 F 4/24 SB 045 Construction Defect Claim Allocation Of Defense Costs Support Support 1/11 BL 2/8 Ap 4/13 SB 082 Regulation Of Methadone Treatment Facilities Support* Monitor 1/13 HE 4/12 SB 112 Sales & Use Tax Payment To Wrong Local Government * Monitor 1/27 F 2/9 2/13 2/14 LG 3/22 3/28 3/29 3/30 SB 117 Recognize Industrial Hemp Agricultural Product For Agricultural Water OppoRsige*ht Oppose 1/27 Ag 3/15 3/21 3/22 Ag 4/17 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 3/15 3/30 City of Fort Collins Legislative Tracking General Assembly Session 2017 First House Second House