Loading...
HomeMy WebLinkAboutAgenda - Mail Packet - 5/16/2017 - Legislative Review Committee Agenda - May 16, 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 May 16, 2017 4:00 – 5:00 p.m. Commons Conference Room, City Hall, 300 LaPorte Ave., Building A 1. Approval of minutes from May 2, 2017 Meeting (3 minutes) Attached: May 2 Minutes, Letters that Mayor Troxell signed as referenced in past discussions. 2. Agenda Review (3 minutes) 3. End of Session Update from Bowditch and Cassell (10 minutes)  Bill Report here (also attached in packets) 4. Create Legislative Breakfast Agenda (10 minutes) 5. Legislative Session Process Debrief (20 minutes)  Tracker  Notebooks  LRC thoughts  Staff thoughts 6. Other business (5 minutes) 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 May 2, 2017 4:00 p.m. Commons Conference Room Councilmembers Present: Ken Summers, Ross Cunniff, Ray Martinez, and Bob Overbeck Staff Present: Jeff Mihelich, Judy Schmidt Jeanne Sanford, Mark Jackson, Ginny Sawyer, Lisa Rosintoski, Lindsay Ex, Tyler Marr, Jackson Brockway. The meeting came to order at 4:01 pm. Approval of Minutes LRC approved the minutes of the April 18 th meeting unanimously. Update from Bowditch and Cassell Jennifer Cassell and Ed Bowditch provided the legislative update. Major highlights include:  No rural broadband bill yet and unlikely to be introduced  HB 1242 killed in committee one week ago. A few transportation measures are still outstanding. Options include a rural transportation bill (SB 267).  Construction defects bill is on the Senate calendar and is expected to pass. No other construction defect legislation is expected to pass.  SB 287 (Nuisance Exhaust) legislation passed the house yesterday and is awaiting the governor’s signature.  SB 40 (Open Records Act) has passed the Senate and passed House finance committee. This bill is still to be scheduled in House Appropriations committee and status is unknown.  The right to rest bill was killed in committee last week. No other bills on this topic are expected to be introduced Bill Review LRC took the following positions on state bills: House bills: HB 1306 Test Lead in Public Schools Drinking water Support HB 1338 Municipal Court Bond Hold Notifications Monitor: Wait on comments from municipal court staff (will be forwarded to the LRC by the end of the week). 2 HB 1348 Prohibit HOV High Occupancy Vehicles 3 Requirements North I- 25 Express Lane. Monitor: This bill will die in the Transportation committee HB 1349 Assessment Ratio for Residential Real Property Monitor: technical expertise leads to this recommendation. HB 1362 Plan for Addressing Statewide Infrastructure Needs Support: Requirement for regular committee meetings. Senate bills: SB 303 State Highway System Funding and Financing Monitor: Unlikely to pass in the house Standing Agenda Item: CC4CA Update Lindsay provided a brief update of CC4CA. Major highlights include:  HB1275: Increase Solid Waste diversion died in committee last week.  HB 1336: Representative Arndt has issued bill around establishing state climate action/ GHG reduction goals. Lindsay requested that LRC take a position on HB 1336. LRC elected to take a “Monitor” position.  SB 301: Energy related statutes. Staff is analyzing this bill and its impact on the continuation on the Colorado Energy Office. Staff will be reviewing as it changes through the process.  Requested that LRC consider taking a position on HB 1366. Other Business  Ed and Jennifer will notify staff if any Broadband legislation is introduced, staff will keep LRC informed.  Ed and Jennifer will continue to notify staff about any updates to SB 40, staff will pass along to LRC.  Mayor Troxell sent letters of support for low income utility assistance programs and solid waste diversion. These letters will be included in the next LRC packet.  Legislative breakfast invites have been sent.  Next Meeting (5/16): After this meeting, the LRC will go to once a month meetings.  LRC will be discussing the future committee assignments at the upcoming City Council retreat. Meeting adjourned at 4:38 pm. HB17-1008 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: 5/8/2017 Governor Signed Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Neutral: Tue, February 14, 2017, by ddustin@fcgov.com (14-Feb-17) Impact to the Fort Collins Utilities Water Resources Division will be little to none, since the bill supports exemption for scientific research. Support: Thu, February 16, 2017, by Cwebb@fcgov.com (16-Feb-17) While this bill doesn't have a specific impact on operations, staff generally supports graywater reuse and any research that could improve on the technology. Support: Tue, February 14, 2017, by ddustin@fcgov.com (14-Feb-17) This bill aligns with the City's legislative policy objective of "Support comprehensive water resource management", which includes encouraging increased (water) efficiency - which graywater use Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 1 of 40 5/10/17, 1:43 PM promotes. Yes: Thu, February 16, 2017, by Cwebb@fcgov.com (16-Feb-17) Support for water conservation and reuse. Neutral: Tue, February 14, 2017, by ddustin@fcgov.com (14-Feb-17) Suggest Liesel Hans, Water Conservation Manager Yes: Thu, February 16, 2017, by Cwebb@fcgov.com (16-Feb-17) Liesel Hans Status History: Status History Analyze This: Comments HB17-1016 Exclude Value Mineral Resources Tax Increment Financing Division Comment: Position: Monitor Calendar Notification: NOT ON CALENDAR News: Sponsors: L. Saine | M. Gray / B. Martinez Humenik | R. Zenzinger Summary: The bill permits the governing body of a municipality, as applicable, to provide in an urban renewal plan that the valuation attributable to the extraction of mineral resources located within the urban renewal area is not subject to the division of taxes between base and incremental revenues that accompanies the tax increment financing of urban renewal projects. In such circumstances, the taxes levied on the valuation will be distributed to the public bodies as if the urban renewal plan was not in effect. The bill defines the terms 'mineral resources' and 'valuation attributable to the extraction of mineral resources.' (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 3/8/2017 Governor Signed Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Neutral: Tue, January 31, 2017, by prowe@fcgov.com (31-Jan-17) The tax increment derived from the "valuation attributable to the extraction of mineral resources" is unlikely to be of any significance within existing or future Fort Collins Urban Renewal Authority plan areas. Further, this bill allows the City to elect to exclude this valuation, but does not require the City to do so. Status History: Status History Analyze This: Comments HB17-1032 First Responder Peer Support Testimony Privilege Comment: Position: Support Calendar Notification: NOT ON CALENDAR Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 2 of 40 5/10/17, 1:43 PM 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 at-risk persons to the list of crimes. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 3/16/2017 Governor Signed Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Strongly Support: Fri, January 20, 2017, by Jschiager@fcgov.com (20-Jan-17) this is an important amendment to make the peer support process better. As it stands now, confidentiality may not apply if a psychologist or peer support member is working with a couple or a debrief involving multiple people. Apparently this was a last minute addition to the legislation that was not well thought out. Yes: Fri, January 20, 2017, by Jschiager@fcgov.com (20-Jan-17) This change allows us to better provide support to police officers. Yes: Fri, January 20, 2017, by Jschiager@fcgov.com (20-Jan-17) Dr. Dan Dworkin, FCPS Psychologist, is very knowledgeable about this topic and is able to testify if needed. Status History: Status History Analyze This: Comments HB17-1035 Sex Assault And Stalking Victims May Break Leases Comment: Position: Support Calendar Notification: NOT ON CALENDAR News: Sponsors: D. Jackson / J. Cooke Summary: Under current law, if a tenant notifies his or her landlord in writing that he or she is the victim of domestic violence or domestic abuse and provides to the landlord evidence in the form of a police report written within the prior 60 days or a valid protection order, and the tenant seeks to vacate the premises due to fear of imminent danger for self or children, then the tenant may terminate the rental agreement or lease and vacate the premises with minimal remaining obligations. The bill extends this privilege to victims of unlawful sexual behavior and stalking. The bill also provides that a statement from an application assistant designated by the address confidentiality program or, in the case of a victim of unlawful sexual behavior, from a medical professional, confirming the tenant's victim status is a third means of presenting evidence to the landlord. If a tenant to a residential rental agreement or lease agreement notifies the landlord that the tenant is a victim of unlawful sexual behavior, stalking, domestic violence, or domestic abuse, the landlord shall not disclose such fact to any person except with the consent of the victim or as the landlord may be required to do so by law. Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 3 of 40 5/10/17, 1:43 PM 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: 5/2/2017 Sent to the Governor Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Neutral: Fri, January 27, 2017, by Jschiager@fcgov.com (27-Jan-17) This makes sense to protect victims from further problems. I don't know of a situation that this would affect locally. Neutral: Fri, January 27, 2017, by Jschiager@fcgov.com (27-Jan-17) Public safety, protection of victims. It makes sense but I don't think we would have strong opinion about it. Status History: Status History Analyze This: Comments HB17-1051 Procurement Code Modernization Comment: Position: Monitor Calendar Notification: 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 Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 4 of 40 5/10/17, 1:43 PM 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 Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 5 of 40 5/10/17, 1:43 PM 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 (22-Feb-17) The City Attorney's Office has confirmed the Procurement Code expressly applies only to "governmental bodies of the executive branch of the state." The proposed amendments to HB 17-1051 do not change this applicability provision. Therefore, the State's Procurement Code is not applicable to the City. From time-to-time the City does utilize cooperative purchases executed by the State of Colorado. However, I do not anticipate the changes to the Procurement Code to impact the City leveraging certain cooperative purchases. Status History: Status History Analyze This: Comments HB17-1065 Clarify Requirements Formation Metropolitan District Comment: Position: Monitor Calendar Notification: NOT ON CALENDAR News: Sponsors: K. Lewis / V. Marble Summary: Under existing law, no land area that is 40 acres or more used primarily and zoned for agricultural uses may be included in any park and recreation district without the written consent of the land owners. Sections 1 and 2 of the bill make any metropolitan district providing parks or recreational facilities and programs subject to this limitation. Sections 3 and 4 clarify that only those signatures obtained after the approval by a county or municipality of the service plan of a proposed special district may be considered by the district court in determining whether the required number of taxpaying electors of such district have signed the petition for organization. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 3/23/2017 Governor Signed Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 6 of 40 5/10/17, 1:43 PM Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Status History: Status History Analyze This: HB17-1076 Artificial Recharge Nontributary Aquifer Rules Comment: Position: Support Calendar Notification: 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 (30-Jan-17) The Fort Collins Utilities Water Resources Division supports this bill because it will develop rules that would facilitate and streamline some of the legal hurdles for potential future aquifer storage and recovery (ASR) projects. Since Utilities is currently investigating ASR as a potential future storage option, this bill could develop rules that would potentially diminish legal uncertainty associated with ASR. Strongly Support: Mon, January 30, 2017, by ddustin@fcgov.com (30-Jan-17) This bill aligns with the City's legislative policy objective of "Support comprehensive water resource management", which includes ensuring adequate supply, expanding storage and supports efforts to address local and regional water needs. Strongly Support: Mon, January 30, 2017, by ddustin@fcgov.com (30-Jan-17) Donnie Dustin, Water Resources Manager ALSO - Eric Potyondy, Assistant City Attorney - given legal nature of bill Status History: Status History Analyze This: Comments HB17-1083 Municipal Judge Advisement For Traffic Offenses Comment: Position: Support Calendar Notification: NOT ON CALENDAR News: Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 7 of 40 5/10/17, 1:43 PM Sponsors: L. Liston / B. Gardner Summary: House Bill 16-1309 requires a judge to inform a defendant of certain rights at the defendant's first appearance in prosecutions in municipal courts. The bill excludes cases involving traffic infractions or violations for which the penalty is only a fine and for which jail is not a possibility. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 4/13/2017 Governor Signed Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Support: Sun, January 22, 2017, by klane@fcgov.com (22-Jan-17) This bill would soften the impact of HB 16-1309 by limiting the types of cases to which C.R.S. Section 16-7-207 applies. It supports our current, more efficient arraignment process relating to minor traffic violations. N/A: Mon, January 30, 2017, by jsanford@fcgov.com (30-Jan-17) No legal objections to this bill Amend: Wed, February 01, 2017, by klane@fcgov.com (01-Feb-17) Revision to my earlier "reply": It would be best if the bill exempted ALL infractions, not just some traffic infractions, from the full advisement process. Many municipalities have decriminalized some minor offenses, such as Animal at Large, which are considered to be civil infractions, punishable only by fines and costs, not jail. Fort Collins has adopted "Rules for Civil Infractions" which are similar to the "Rules for Traffic Infractions" and provide a simplified process for those cases. It is more efficient for the Defendants and the Court to follow that process. This amendment would support that simplified process. N/A: Mon, January 30, 2017, by jsanford@fcgov.com (30-Jan-17) No legal objections to this bill Status History: Status History Analyze This: Comments HB17-1116 Continue Low-income Household Energy Assistance Comment: Position: Monitor Calendar Notification: Wednesday, May 10 2017 THIRD READING OF BILLS - FINAL PASSAGE (2) in senate calendar. News: Sponsors: T. Exum | M. Hamner / B. Martinez Humenik Summary: Current law provides that the department of human services low-income energy assistance fund, the energy outreach Colorado low-income energy assistance fund, and the Colorado energy office low-income energy assistance fund receive conditional funding from the severance tax operational fund through the state fiscal year commencing July 1, 2018. The bill 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: 5/9/2017 Senate Second Reading Passed - No Amendments Fiscal Notes Status: No fiscal impact for this bill Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 8 of 40 5/10/17, 1:43 PM Analyze This Comments: Support: Mon, February 06, 2017, by Lrosintoski@fcgov.com (06-Feb-17) To maintain the viability of the Utilities Affordability Portfolio sustainable funding is critical to manage those outcomes. The bill removes the automatic repeal which means that these funds will be eligible for this conditional funding indefinitely. Support: Mon, February 06, 2017, by Lrosintoski@fcgov.com (06-Feb-17) The City of Fort Collins has embraced aggressive climate action goals that are based on the triple bottom line of integrating social, environmental and economic. Because of this the City has multiple City Council approved policies and plans that specifically recognize the importance of supporting low income customers with resources and funding to achieve their energy efficiency and conservation success. Key documents include the Climate Action Plan, City Strategic Plan and the Energy Policy. N/A: Mon, February 06, 2017, by Lrosintoski@fcgov.com (06-Feb-17) Lisa Rosintoski Status History: Status History Analyze This: Comments HB17-1123 Extend On-premises Retail Alcohol Beverages Sales Hours Comment: Position: Monitor Calendar Notification: NOT ON CALENDAR News: Sponsors: S. Lebsock | D. Thurlow / V. Marble Summary: Current law prohibits a person licensed to sell alcohol beverages for on-premises consumption from serving alcohol beverages between the hours of 2 a.m. and 7 a.m. The bill allows a local government to extend the hours during which alcohol beverages may be sold for on-premises consumption at establishments within the local government's jurisdiction. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 4/24/2017 Senate Second Reading Laid Over to 05/11/2017 - No Amendments Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Monitor: Wed, February 08, 2017, by Jschiager@fcgov.com (08-Feb-17) Police Services has concerns with extended bar hours, however, the bill provides local control on whether to allow extended hours. Concerns include: Requiring resources later into the night; increased over-service (whether in our community or n'boring communities); difficulty in citizen education if there are different bar hours in different communities; and the possibility of people traveling late night to find bars that are still open. The Clerk's office notes that if the hours were changed for on premise liquor consumption, and an application process is required, there would be administrative changes we would need to employ. N/A: Wed, February 08, 2017, by Jschiager@fcgov.com (08-Feb-17) Wanda and Jeremy Status History: Status History Analyze This: Comments Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 9 of 40 5/10/17, 1:43 PM HB17-1151 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) (02-Mar-17) In general, the bill seems to make it easier for people to use e-bikes in Colorado, yet it still provides local jurisdictions with the ability to prohibit the use of e-bikes if they choose to. It creates additional classes for e-bikes, which may be helpful for Fort Collins in the future if we decide to revisit our e-bike policy. N/A: Thu, March 02, 2017, by Ginny Sawyer (gsawyer@fcgov.com) (02-Mar-17) E-bikes are becoming more popular in Fort Collins (and we have local e-bike businesses). Supporting the use of e-bikes (from FC Bikes’ perspective) is important as we seek to increase cycling for people of all ages and abilities. Status History: Status History Analyze This: Comments HB17-1162 Outstanding Judgments And Driver's Licenses Comment: Position: Oppose Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 10 of 40 5/10/17, 1:43 PM Calendar Notification: Wednesday, May 10 2017 THIRD READING OF BILLS - FINAL PASSAGE (18) in senate calendar. News: Sponsors: M. Gray / B. Gardner Summary: Under current law, driving under restraint is a misdemeanor punishable by up to 6 months in jail and up to a $500 fine. The bill decreases the penalty to a class A traffic infraction if the basis of the restraint is an outstanding judgment. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 5/9/2017 Senate Second Reading Special Order - Passed - No Amendments Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Strongly Oppose: Mon, February 13, 2017, by klane@fcgov.com (13-Feb-17) Pursuant to state and local rules relating to traffic infractions, when a defendant ignores a citation relating to such a violation, a default judgment is entered. Since a warrant cannot be issued in those cases, the Courts’ best method of enforcing the judgment is by adding a $30 default or outstanding judgment/warrant fee and sending the information to the DMV for action against the defendant’s driver’s license. This has been an effective tool which we seek to preserve. Without that tool, the only option left to the Courts – other than trying to obtain a portion of the defendant’s income tax refund, if any, under this Bill - would be to submit the case to a collection agency for action. Those remaining options are inadequate and will likely lead to an increase in the number of cases which are not addressed by defendants in a timely manner. Status History: Status History Analyze This: Comments HB17-1177 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 14-day 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 Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 11 of 40 5/10/17, 1:43 PM 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: 5/4/2017 Governor Signed Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Status History: Status History Analyze This: HB17-1190 Limited Applicability Of St. Jude's Co. Water Case Comment: Position: Support Calendar Notification: NOT ON 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 37-92-103 (4) does not apply to previously decreed absolute and conditional water rights or claims pending as of July 15, 2015. The interpretation of section 37-92-103 (4) in St. Jude's Co. applies only to direct-flow appropriations, without storage, 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: 4/27/2017 House Considered Senate Amendments - Result was to Concur - Repass Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Strongly Support: Thu, March 09, 2017, by ddustin@fcgov.com (09-Mar-17) The Fort Collins Utilities Water Resources Division supports this bill because it maintains flexibility in using the City's various water rights, many of which already have decreed uses this bill supports (which might be in question without this bill). Without this bill, Utilities may struggle meeting potential mitigation requirements for the proposed Halligan Water Supply Project. The City has policies around improving the health of the Poudre River, which would be more difficult without this bill. Strongly Support: Thu, March 09, 2017, by ddustin@fcgov.com (09-Mar-17) This bill aligns with the City's legislative policy objective of "Support comprehensive water resource management", which includes expanding storage and preserving its water rights portfolio. Strongly Support: Thu, March 09, 2017, by ddustin@fcgov.com (09-Mar-17) Donnie Dustin, Water Resources Manager ALSO - Eric Potyondy, Assistant City Attorney (given legal nature of bill) Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 12 of 40 5/10/17, 1:43 PM Status History: Status History Analyze This: Comments HB17-1193 Small Cell Facilities Permitting And Installation Comment: Position: Oppose Calendar Notification: NOT ON CALENDAR News: Lawmakers pry open the market a bit more for cell-phone service, broadband Sponsors: T. Kraft-Tharp | 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 rights-of-way access afforded to telecommunications providers for the construction, maintenance, and operation of telecommunications and broadband facilities extends to broadband providers as well as small cell facilities and small cell networks and, in conjunction, section 5 defines 'collocation', 'small cell facility', and 'small cell network'. Section 8 states that if a telecommunications provider or broadband provider complies with applicable law, it has the right to locate or collocate small cell facilities and small cell networks on a local government entity's light poles, light standards, traffic signals, or utility poles in the rights-of-way owned by the local government entity, but prohibits small cell facilities and small cell networks from being placed on structures with tolling collection or enforcement equipment attached. Section 8 also states that, other than a traffic permit for work that affects traffic patterns or causes lane closures, a local government entity shall not require an application, permit, or payment for the placement, maintenance, or replacement of micro wireless facilities suspended on cables that are strung between existing utility poles in compliance with national safety codes. Section 9 adds small cell facilities and small cell networks to the types of facilities for which a telecommunications provider or broadband provider may contract with a private property owner to obtain a right-of-way for the construction, maintenance, and operation of the facility. Section 10 concerns the consent a telecommunications provider or broadband provider must obtain from a political subdivision to erect communications or broadband facilities along, through, in, upon, under, or over a public highway, and adds small cell facilities and small cell networks to the facilities for which the consent is required. Section 10 further provides that a political subdivision shall not create a preference or disadvantage to any telecommunications provider or broadband provider in granting or withholding its consent, and that a decision by a political subdivision denying or limiting the placement of communications or broadband facilities based on the protection of public health, safety, and welfare does not create a preference for or disadvantage a telecommunications provider or broadband provider if the decision does not have the effect of prohibiting the provider from providing service within the service area. Section 11 makes a conforming amendment. Section 12 specifies the amount and type of payment a local government or municipally owned utility may receive from a telecommunications provider, broadband provider, or cable television provider in exchange for granting permission to attach small cell facilities, broadband devices, or telecommunications devices to poles or structures that are in a right-of-way and are owned by the local Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 13 of 40 5/10/17, 1:43 PM government or municipally owned utility. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 4/18/2017 Governor Signed Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Monitor: Tue, March 07, 2017, by lrosintoski@fcgov.com (07-Mar-17) Yes both City and Utilities operations are impacted. Key items are: Sections 1 through 4: • Cell facilities deployed primarily in public right of ways • Access to local government strucures is essential to service wireless or boradband • 90 day approval process for local government to modify existing structure with potential for co-location; i.e. two pole structures next to each other. Mutual agreement if longer. • 150 day approval process for local government for a new structure. Mutual agreement if longer. • Multiple cell networks within single local jurisdiction allow consolidated application for a single permit Section 6: • minimizes regulations a local political subdivision regulates based on content or type of signals carried or capable of being carried over providers facilities. Section 8: • Allows pole attachments of most kinds • Allow time to cure non-compliance issues Section 10: • Use of streets must receive consent – however if public hight has been approved need not apply for addition consent • Use of public highway shall not be unreasonable withheld Section 12: • Neither local government or utility shall require any payment in excess of the amount that would be authorized pursuant to 47 U.S.C. sec. 224, as amended, OR TWO HUNDRED DOLLARS PER POLE OR STRUCTURE, WHICHEVER AMOUNT IS LESS. • No in-kind payments Oppose: Mon, March 20, 2017, by tleeson@fcgov.com (20-Mar-17) One of our biggest concerns is the request for basically free reign of being able to install broadband facility/infrastructure within public right-of-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 (38-5.5-106) 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 (07-Mar-17) Currently both the legislative policy and the City Strategic Plan identify the support of telecommunication services, based on the voter approved exemption from SB-152 that will allow the City to consider numerous options for being involved in broadband services. Legislation 1193 was introduced by the telecommunications companies. Introduced version was negotiated with Colorado Municipal League, who took a neutral position. Since existing Colorado statutes on pole attachments leave a small degree of boundaries for public power initial position was to monitor. Will know more after March 8 on amendments. Oppose: Mon, March 20, 2017, by tleeson@fcgov.com (20-Mar-17) • 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 (07-Mar-17) Combination of Laurie Kadrich and Kevin Gertig. N/A: Mon, March 20, 2017, by tleeson@fcgov.com (20-Mar-17) Rob Moseby, Engineering Status History: Status History Analyze This: Comments Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 14 of 40 5/10/17, 1:43 PM HB17-1203 Local Government Special Sales Tax On Retail Marijuana Comment: Position: Support Calendar Notification: NOT ON 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 odd-numbered year, or, in the case of a municipality, on the date of a municipal biennial election. The bill specifies that if a county or municipality obtained voter approval prior to the effective date of the bill to levy, collect, and enforce a special sales tax upon the sale of retail marijuana and retail marijuana products, the tax is valid; except that, for a county, the tax is valid only so long as the county complies with the conditions specified in the bill. If the county levies, collects, and enforces such tax in a municipality that has already obtained voter approval to levy a special sales tax on the sale of retail marijuana and retail marijuana products, the county's special sales tax is invalid unless the county enters into an intergovernmental agreement with the municipality. Any special sales tax on retail marijuana and retail marijuana products shall not be collected, administered, or enforced by the department of revenue. Instead, such tax shall be collected, administered, and enforced by the county or municipality imposing the tax. A county or municipality in which the eligible electors have approved a special sales tax on the sale of retail marijuana and retail marijuana products may credit the revenues collected from the tax to the general fund of the county or municipality or to any special fund created in the county or municipality's treasury. The governing body of a county or municipality may use the revenues collected from the tax for any purpose as determined by the governing body of the county or municipality. Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 15 of 40 5/10/17, 1:43 PM (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 5/4/2017 Governor Signed Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Monitor: Fri, March 03, 2017, by wwinkelmann@fcgov.com (03-Mar-17) Staff has no concerns regarding this bill and defer to the legal opinion offered by the City Attorney's Office. Status History: Status History Analyze This: Comments HB17-1216 Sales And Use Tax Simplification Task Force Comment: Position: Monitor Calendar Notification: Wednesday, May 10 2017 THIRD READING OF BILLS - FINAL PASSAGE (3) in senate calendar. News: Sponsors: T. Kraft-Tharp | L. Sias / T. Neville | C. Jahn 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 the reengrossed version of this bill as introduced in the second house.) Status: 5/9/2017 Senate Second Reading Passed - No Amendments Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Status History: Status History Analyze This: HB17-1219 Extend Colorado Water Conservation Board Fallowing And Leasing Pilot Program Comment: Position: Monitor Calendar Notification: NOT ON CALENDAR News: Sponsors: J. Arndt | B. McLachlan / K. Donovan | L. Crowder Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 16 of 40 5/10/17, 1:43 PM 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: 4/26/2017 Sent to the Governor Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Neutral: Fri, March 10, 2017, by ddustin@fcgov.com (10-Mar-17) There is no impact on the Fort Collins Water Resources Division from this bill, which simply extends an agricultural water leasing pilot program; we have no involvement in the pilot program. Monitor/Support: Fri, March 10, 2017, by ddustin@fcgov.com (10-Mar-17) Although Fort Collins Utilities is not involved in activities related to this bill, the bill supports ATMs which can be an alternative water supply for this region - which aligns with the City's legislative policy objective of "Support comprehensive water resource management" (addressing local and regional water needs). Status History: Status History Analyze This: Comments HB17-1229 Workers' Compensation For Mental Impairment Comment: Position: Monitor Calendar Notification: NOT ON CALENDAR News: Sponsors: J. Singer | J. Becker / J. Cooke | N. Todd 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: 5/2/2017 Sent to the Governor Fiscal Notes Status: No fiscal impact for this bill Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 17 of 40 5/10/17, 1:43 PM Analyze This Comments: Status History: Status History Analyze This: HB17-1233 Protect Water Historical Consumptive Use Analysis Comment: Position: Monitor Calendar Notification: NOT ON CALENDAR News: Sponsors: J. Arndt / L. Crowder Summary: When a water right owner wishes to change a water right, the amount of water that can be changed is limited to the historical consumptive use of the water right. Current law provides that the reduced water usage that results from participation in a government-sponsored water conservation program will not be considered in analyzing the historical consumptive use of the water right, but only in water divisions 4, 5, or 6. The bill applies this rule statewide, includes water conservation pilot programs, and limits state agencies that can approve a water conservation program to only those that have explicit statutory jurisdiction over water conservation or water rights. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 4/27/2017 Signed by the President of the Senate Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Neutral: Fri, March 10, 2017, by ddustin@fcgov.com (10-Mar-17) There is no impact on the Fort Collins Water Resources Division from this bill, which aims to protect the historical consumptive use of a water right involved in a water conservation program; we have no involvement in this type of issue currently. Monitor/Support: Fri, March 10, 2017, by ddustin@fcgov.com (10-Mar-17) Although Fort Collins Utilities is not involved in activities related to this bill, the bill supports ATMs which can be an alternative water supply for this region - which somewhat aligns with the City's legislative policy objective of "Support comprehensive water resource management" (encourage conservation of water resources). Status History: Status History Analyze This: Comments HB17-1273 Real Estate Development Demonstrate Water Conservation Comment: Position: Monitor 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 Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 18 of 40 5/10/17, 1:43 PM 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: 4/24/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Neutral: Fri, April 07, 2017, by ddustin@fcgov.com (07-Apr-17) 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 (07-Apr-17) 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 HB17-1279 Construction Defect Actions Notice Vote Approval Comment: Position: Monitor Calendar Notification: NOT ON CALENDAR News: Sponsors: A. Garnett | L. Saine / J. Tate | L. Guzman 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 based on a defect in construction work not ordered by the HOA itself, 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 the developer or builder may, but is not required to, make an offer to remedy the defect; and Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 19 of 40 5/10/17, 1:43 PM Obtain the approval of a majority of the unit owners after giving them detailed disclosures about the lawsuit and its potential costs and benefits. The meeting of unit owners commences a 90-day voting period during which the HOA will accept votes for or against proceeding with the lawsuit. Statutes of limitation are tolled during this period. The HOA is required to keep copies of its mailing list and maintain records of the votes received. The voting period may end in less than 90 days if sufficient votes are received to approve the lawsuit before 90 days have elapsed. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 5/4/2017 Senate Third Reading Passed - No Amendments Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Amend: Fri, April 14, 2017, by tleeson@fcgov.com (14-Apr-17) One of the problems with the current construction defects legislation is that owners of multifamily units are affected without even knowing the law suit exists, so this amendment improves that issue. However, the requirement for a meeting doesn’t set a minimum for participation – no quorum required, and this concerns me because if only one or two people show up to the meeting , they could decide for the whole community. Also, they don’t specify one vote per unit. If several people from one unit are permitted to vote, that could allow them to influence or control the voting outcome which doesn’t seem fair. More work on this section would be recommended. N/A: Fri, April 14, 2017, by tleeson@fcgov.com (14-Apr-17) Tom Leeson Status History: Status History Analyze This: Comments HB17-1291 Alternate Storage Not Change If Already Quantified Comment: Position: Support Calendar Notification: NOT ON CALENDAR News: Sponsors: J. Arndt | J. Becker / D. Coram 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 and the alternate place of storage is located on the same ditch or reservoir system; 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; The division engineer approves the proposed accounting of the storage; and The water was not imported from another water division. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 5/3/2017 Senate Third Reading Passed - No Amendments Fiscal Notes Status: No fiscal impact for this bill Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 20 of 40 5/10/17, 1:43 PM Analyze This Comments: Strongly Support: Tue, April 04, 2017, by ddustin@fcgov.com (04-Apr-17) 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 (04-Apr-17) This bill aligns with the City's legislative policy objective of "Support comprehensive water resource management", which includes expanding storage and preserving its water rights portfolio. Strongly Support: Tue, April 04, 2017, by ddustin@fcgov.com (04-Apr-17) Donnie Dustin, Water Resources Manager ALSO - Eric Potyondy, Assistant City Attorney (given legal nature of bill). Status History: Status History Analyze This: Comments HB17-1306 Test Lead In Public Schools' Drinking Water Comment: Position: Calendar Notification: Wednesday, May 10 2017 THIRD READING OF BILLS - FINAL PASSAGE (7) in senate calendar. News: Sponsors: B. McLachlan | T. Exum / K. Donovan | D. Coram Summary: The bill directs the department of public health and environment (department) to establish a grant program to test for lead in public schools' drinking water. The department will give the highest priority to the oldest public elementary schools, then the oldest public schools that are not elementary schools, and then all other public schools. The department may also consider ability to pay in administering the program. The department is directed to use its best efforts to complete all testing and analysis by June 30, 2020. The public school must provide at least 10% local matching funds and give the test results to its local public health agency, its supplier of water, its school board, and the department. The department may use up to $300,000 per year for 3 years for grants beginning on or after July 1, 2017, from the water quality improvement fund if there is money available after fully funding existing programs. The department shall provide 4 annual reports to the general assembly regarding implementation of the grant program, including any legislative proposals that may be warranted. The bill appropriates $431,803 and 1.3 FTE to the department of public health and environment for the implementation of the act. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 5/10/2017 Senate Third Reading Passed - No Amendments Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Conditionally Support: Thu, April 27, 2017, by joropeza@fcgov.com (27-Apr-17) It is expected that there would be some increased level of resource commitments by the City’s water quality laboratories, if the City were to support this testing effort. Further clarification is needed around how CDPHE will consider the school test results as they relate to public water systems’ lead and copper testing requirements. As the bill is written, significant uncertainties also exist around what happens in the event that elevated lead levels are found within any given school facility. In particular, it is unclear whether the State will commit additional funds and/or technical expertise to assist with remediation and future testing, in the event that results are found to be above the action level. Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 21 of 40 5/10/17, 1:43 PM Support: Thu, April 27, 2017, by joropeza@fcgov.com (27-Apr-17) The proposed legislation aligns with several City of Fort Collins Utilities policies and practices that help minimize their customer’s exposure to lead and copper in their drinking water, including the Fort Collins Utilities’ Drinking Water Quality Policy and its stated goals. N/A: Thu, April 27, 2017, by joropeza@fcgov.com (27-Apr-17) Jill Oropeza, Water Quality Services Manager, Fort Collins Utilities, joropeza@fcgov.com, 970-416-2529 Status History: Status History Analyze This: Comments HB17-1316 Delay Implementation Of House Bill 16-1309 Comment: Position: Support Calendar Notification: NOT ON CALENDAR News: Sponsors: S. Lontine / V. Marble Summary: House Bill 16-1309, 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 16-1309 until July 1, 2018. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 4/28/2017 Governor Signed Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Strongly Support: Sat, April 15, 2017, by klane@fcgov.com (15-Apr-17) We do not have funds in our adopted 2017-2018 budget for Municipal Court operations to pay for having defense counsel available during all video advisements with the Larimer County Jail. Delay in implementation of this requirement to July 2018 will greatly reduce our unbudgeted expenses. We will, of course, continue to set up court-appointed defense counsel for any indigent defendant making that request (in response to specifically being asked if they wish to have an attorney) during their video advisement. This is typically done the same day or within 24 hours of the request, depending upon how quickly we can reach an available defense attorney. Strongly Support: Sat, April 15, 2017, by klane@fcgov.com (15-Apr-17) Please see the description above. Strongly Support: Sat, April 15, 2017, by klane@fcgov.com (15-Apr-17) I believe CML is taking the lead on this. Status History: Status History Analyze This: Comments HB17-1338 Municipal Court Bond Hold Notification and Hearing Comment: Position: Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 22 of 40 5/10/17, 1:43 PM Calendar Notification: NOT ON CALENDAR News: Sponsors: J. Bridges | L. Liston / D. Kagan | V. Marble Summary: If a person is detained in a jail on a municipal hold and does not immediately receive a personal recognizance bond, the jail shall promptly notify the municipal court of the hold or, if the municipal hold is the sole basis for the person's detention, notify the municipal court of the hold within 4 hours. All municipal courts shall establish an e-mail address, if internet service is available, whereby the municipal court can receive notifications from jails. If internet service is not available, the municipal court shall establish a telephone line with voicemail for the same purpose. Once a demanding municipal court receives the notice that its hold is the sole basis for the detention, the court shall hold a hearing within 2 days of receiving the notice; except that if the defendant has failed to appear at least twice in the case and the jail is in a different county than the county where the municipality is located, the demanding municipal court shall hold a hearing within 4 days. At the hearing the municipal court must either: Arraign the defendant; or If the defendant is being held for failure to appear, conduct the proceedings related to the failure to appear unless the proceeding is a trial or evidentiary hearing or requires the presence of a witness. If the case is not resolved at the hearing, the municipal court shall conduct a bond hearing and release the defendant on bond under the least restrictive conditions possible. If the defendant does not appear before the municipal court within the required time frames, the jail holding the defendant shall release the defendant on an unsecured personal recognizance bond with no other conditions returnable to the municipal court. A municipal court shall adopt standing orders to effectuate the defendant's release if the defendant is not transferred to the municipal court within the required time frames. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 5/9/2017 Senate Third Reading Passed - No Amendments Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Status History: Status History Analyze This: HB17-1349 Assessment Ratio For Residential Real Property Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors: D. Pabon | K. Van Winkle / T. Neville | L. Court Summary: The bill sets the ratio of valuation for assessment for residential real property at 7.2% for property tax years commencing on and after January 1, 2017, until the next property tax year that the general assembly adjusts this ratio. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 5/9/2017 Senate Third Reading Passed - No Amendments Fiscal Notes Status: No fiscal impact for this bill Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 23 of 40 5/10/17, 1:43 PM Analyze This Comments: Neutral: Tue, May 02, 2017, by tjsmith@fcgov.com (02-May-17) The position of the City of Fort Collins is neutral in that we understand that there is little influence to be had over the Senate due to Gallagher. The revenue impacts will likely be offset for the City of Fort Collins due to higher assessed valuations estimated between 5-8% in 2017 (2018 collections). Long term, this has a much greater impact to City revenue and for this reason we would encourage an amendment to the State Constitution addressing Gallagher due to the effects on both municipalities and school districts over time. Neutral: Tue, May 02, 2017, by tjsmith@fcgov.com (02-May-17) This has no bearing on City legislative policy apart from desiring to be in compliance with both TABOR and Gallagher. N/A: Tue, May 02, 2017, by tjsmith@fcgov.com (02-May-17) Travis Storin, Accounting Director. Status History: Status History Analyze This: Comments SB17-021 Assistance To Released Mentally Ill Offenders Comment: Position: Monitor Calendar Notification: Wednesday, May 10 2017 THIRD READING OF BILLS - FINAL PASSAGE (7) in house 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 behavioral or mental health disorder who are being released from the department of corrections (DOC), the division of youth corrections in the department of human services (DYC), or jails. The program is funded by an appropriation from the marijuana tax cash fund and from money unspent by the division of criminal justice (CDPS) for community corrections programs in the previous fiscal year. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 5/9/2017 House Committee on Appropriations Refer Amended to House Committee of the Whole Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Support: Mon, February 13, 2017, by Beth Sowder (bsowder@fcgov.com) (13-Feb-17) It does not appear that we would be directly impacted by this bill but we strongly support any additional assistance for those leaving the jail, especially for folks dealing with mental illness. If alcohol abuse would be covered by the definition they use, that would be especially helpful. We believe that this is something that could positively affect those in our community who get caught in this cycle of mental health and incarceration. This bill is also aligned with the policy of trying to keep the direct provision of social services funded at the county, state or federal level. N/A: Mon, February 13, 2017, by Beth Sowder (bsowder@fcgov.com) (13-Feb-17) Yes N/A: Mon, February 13, 2017, by Beth Sowder (bsowder@fcgov.com) (13-Feb-17) Judge Kathleen Lane and Andrea Little Status History: Status History Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 24 of 40 5/10/17, 1:43 PM Analyze This: Comments SB17-040 Public Access To Government Files Comment: Official LRC Position is Oppose Unless Amended to exclude cities. Position: Oppose Calendar Notification: Wednesday, May 10 2017 THIRD READING OF BILLS - FINAL PASSAGE (4) 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 Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 25 of 40 5/10/17, 1:43 PM 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 Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 26 of 40 5/10/17, 1:43 PM violation of CORA. Section 8 of the bill appropriates $50,810 to the judicial department for the 2017-18 state fiscal year from the general fund. This section of the bill also appropriates $855 to the department of law for the 2017-18 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: 5/9/2017 House Committee on Appropriations Refer Amended to House Committee of the Whole Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Monitor/Oppose: Wed, February 15, 2017, by dcoldiron@fcgov.com (15-Feb-17) There are many concerns that this bill raises. The way the bill is written, some of the following challenges could be difficult for agencies to manage: • It appears very possible that data requests for formats that the technical staff is not familiar with could be submitted and the agency could be required to respond, requiring training, etc. • There are a very large number of possibilities of data formats that could be requested, which agencies may or may not be able to provide, creating a variety of challenges. • Many data sets in systems operated by agencies are owned, maintained and sourced by external providers. Direct access to the data or retrieval of the data within these systems may not be reasonably possible within the limits of the contractual agreements • It is very common for systems to be maintained by very limited staff resources within many agencies. Often, only one person within the organization is trained and familiar enough with the data within the system and thus capable of extracting requested data. Numerous requests could create significant resourcing challenges for an agency. Also, requests submitted during a leave of a lone technical person capable of responding would be impossible to fulfill. • Structured data is stored across all functions of an organization and maintained by a variety of staff, not just technical staff. Large numbers of data sets exist in format such as Microsoft Excel and Microsoft Access and have been developed and created by non-technical staff, such as finance analysts. Requests for these data sets could be potentially challenging for non-technical staff to respond, given the technical training and expertise needed to fulfil the request appropriately. Finally, should a significant number of requests for structured data be submitted, it is possible that there will be an increase in the workload of technology staff in many organizations sufficient to require the agency to increase permanent FTE to accommodate. N/A: Wed, February 15, 2017, by dcoldiron@fcgov.com (15-Feb-17) Dan Coldiron, CIO Status History: Status History Analyze This: Comments SB17-112 Sales & Use Tax Payment To Wrong Local Government Comment: Position: Monitor 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 Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 27 of 40 5/10/17, 1:43 PM set forth in law. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 4/18/2017 Governor Signed Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Status History: Status History Analyze This: SB17-117 Recognize Industrial Hemp Agricultural Product For Agricultural Water Right Comment: Position: Oppose Calendar Notification: NOT ON CALENDAR News: Sponsors: D. Coram / D. Valdez | M. Catlin Summary: In Colorado, water subject to a water right may be used for the purpose for which the water is decreed. The bill confirms that a person with an absolute or conditional water right decreed for agricultural use may use the water subject to the water right for the growth or cultivation of industrial hemp if the person is registered by the department of agriculture to grow industrial hemp for commercial or research and development purposes. (Note: This summary applies to this bill as introduced.) Status: 5/1/2017 Signed by the Speaker of the House Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Oppose: Tue, February 14, 2017, by Cwebb@fcgov.com (14-Feb-17) While this bill doesn't have any direct impacts on City operations, it may negatively impact our water rights portfolio and decrees. The bill may set a precedent for narrowly describing the appropriate use of water rights that the City owns and reducing any flexibility in using those rights in the future. No: Tue, February 14, 2017, by Cwebb@fcgov.com (14-Feb-17) While the legislative policy agenda contains statements of support for urban agriculture, it is not specific related to the production of hemp. Also, hemp is not likely to be an urban ag crop. N/A: Tue, February 14, 2017, by Cwebb@fcgov.com (14-Feb-17) Carol Webb Status History: Status History Analyze This: Comments SB17-134 Alcohol Beverage Licensee Penalty Application Comment: Position: Monitor Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 28 of 40 5/10/17, 1:43 PM 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 (09-Feb-17) We do not perceive any issues related to this bill on City Operations. Status History: Status History Analyze This: Comments SB17-155 Statutory Definition Of Construction Defect Comment: Position: Support Calendar Notification: NOT ON CALENDAR 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: 5/9/2017 Senate Second Reading Laid Over to 05/11/2017 - No Amendments Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Support: Wed, February 15, 2017, by Tleeson@fcgov.com (15-Feb-17) Hard to understand the intent of this change as the new definition of construction defect is similar to the existing language. Does not appear to be a significant change. N/A: Wed, February 15, 2017, by Tleeson@fcgov.com (15-Feb-17) Tom Leeson Status History: Status History Analyze This: Comments Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 29 of 40 5/10/17, 1:43 PM SB17-179 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: 4/28/2017 Governor Signed Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Monitor/Oppose: Wed, March 01, 2017, by jphelan@fcgov.com (01-Mar-17) The bill does not clearly define "related or associated fees." Utilities may need to recover the costs of solar interconnection studies or hardware upgrades to accommodate larger solar systems. Position is: Oppose unless amended to clarify scope of subject fees, then monitor based on definition. Monitor/Oppose: Wed, March 01, 2017, by jphelan@fcgov.com (01-Mar-17) Aligns with Energy Policy and Climate Action Plan framework. City operations may be significantly impacted (see above). Monitor/Oppose: Wed, March 01, 2017, by jphelan@fcgov.com (01-Mar-17) Tim McCollough or John Phelan Status History: Status History Analyze This: Comments SB17-184 Private Marijuana Clubs Open And Public Use Comment: Position: Oppose Calendar Notification: Wednesday, May 10 2017 Conference Committee on SB17-184 8:30 a.m. Room 0109 (1) in house calendar. Wednesday, May 10 2017 CONFERENCE COMMITTEE(S) TO REPORT (1) in house calendar. Wednesday, May 10 2017 CONFERENCE COMMITTEES TO REPORT (1) in senate 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: Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 30 of 40 5/10/17, 1:43 PM 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: 4/21/2017 Senate Considered House Amendments - Result was to Not Concur - Request Conference Committee Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Monitor: Mon, February 27, 2017, by wwinkelmann@fcgov.com (27-Feb-17) Staff is unclear how this bill comports with the Colorado Clean Indoor Air Act. Status History: Status History Analyze This: Comments SB17-188 Repeal Income Tax Credit Innovative Motor Vehicles Comment: Position: Monitor Calendar Notification: NOT ON CALENDAR News: Sponsors: V. Marble Summary: The bill repeals the income tax credits for innovative motor vehicles and innovative trucks for purchase and leases entered into on or after January 1, 2018. For the 2017-18 state fiscal year and each fiscal year thereafter through the 2020-21 state fiscal year, the bill requires the state controller to credit an amount of tax revenue estimated to be retained by the repeal of the income tax credits to the highway users tax fund. The bill requires the secretary of state to submit a ballot question, to be treated as a proposition, at the statewide election to be held in November 2017 asking the voters: To increase state tax revenue by a specified amount in each fiscal year through the 2020-21 state fiscal year by the repeal of the income tax credit for innovative motor vehicles and the income tax credit for innovative trucks; To credit the resulting estimated tax revenue to the highway users tax fund; and To allow an estimate of the resulting tax revenue to be collected and spent notwithstanding any limitations in section 20 of article X of the state constitution (TABOR). (Note: This summary applies to this bill as introduced.) Status: 4/24/2017 Senate Second Reading Laid Over to 05/11/2017 - 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) (01-Mar-17) Impact on City Operations The City of Fort Collins purchases and operates EV fleet Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 31 of 40 5/10/17, 1:43 PM vehicles, and while as a government entity it does not pay taxes, the city does typically receive discounts from EV car dealers that reflect the value of tax credits associated with the innovative vehicles outlined in the bill. However, the exact impact on the City’s budget, as dealers do not often take advantage of state tax credits, would likely be negligible. Monitor/Oppose: Wed, March 01, 2017, by Ginny Sawyer (gsawyer@fcgov.com) (01-Mar-17) Alignment with City Legislative Policy The Legislative Policy Agenda calls for the City to “reduce vehicle emissions by….Encouraging or promoting lower emissions and lower carbon fuels, vehicles and supporting infrastructure” and to “Establish market-based mechanisms to reduce (greenhouse gas) emissions.” The bill would eliminate the income tax credit for innovative vehicles, including electric and plug-in hybrids, in 2018 as opposed to the current sunset date of 2022. Electric vehicles are a strategy outlined in both the City’s 2020 goals as well as the longer term climate protection goals, and widespread adoption of these vehicles would not only reduce greenhouse gas emissions, but also vehicle tailpipe emissions. These emissions are among the most significant contributors to poor ozone in our communities, and are correlated with a variety of serious respiratory ailments, including asthma, that disproportionally impact children and the elderly. Support for the Tax Credit Innovative Motor Vehicles aligns with the City’s LPA around climate action planning, improved air quality, and incentives that are designed to increase the attractiveness of EV vehicles to car buyers, while also providing significant air quality co-benefits. N/A: Wed, March 01, 2017, by Ginny Sawyer (gsawyer@fcgov.com) (01-Mar-17) If testimony requested, which staff should be contacted? Either Tracy Ochsner (from an impact on the municipal organization’s perspective) or Paul Sizemore (from an impact perspective that this may have on widespread EV adoption) Status History: Status History Analyze This: Comments SB17-192 Marijuana Business Efficiency Measures Comment: Position: Oppose Calendar Notification: 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 single-instance 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.) Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 32 of 40 5/10/17, 1:43 PM Status: 5/9/2017 Senate Considered House Amendments - Result was to Reconsider Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Oppose: Mon, February 27, 2017, by wwinkelmann@fcgov.com (27-Feb-17) If delivery of marijuana was permitted, additional staff resources would be needed for monitoring/inspections to ensure the product was not diverted to underage use. Additionally, past legislation regarding marijuana has included an "opt-in" clause that has allowed municipalities the option of adopting the new legislation. This bill is a mandate for those municipalities who have marijuana businesses. Status History: Status History Analyze This: Comments SB17-213 Automated Driving Motor Vehicles Comment: Position: Monitor Calendar Notification: NOT ON CALENDAR News: Driverless-car bill goes to Hickenlooper’s desk 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: 5/1/2017 Signed by the Speaker of the House Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Status History: Status History Analyze This: SB17-247 Electricians Inspectors Licensing Qualifications Comment: Position: Monitor Calendar Notification: NOT ON 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. Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 33 of 40 5/10/17, 1:43 PM Section 2 phases out an existing provision allowing the hiring of inspectors of 1- to 4-family 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: 5/3/2017 Governor Signed Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Monitor: Mon, April 10, 2017, by Mgebo@fcgov.com (10-Apr-17) 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 Oppose: Fri, April 14, 2017, by Mgebo@fcgov.com (14-Apr-17) Section 1, Will not have any impact on the City Section 2, would prevent City inspectors from inspecting residential minor electrical work without a State issued license. Currently we have inspectors who have passed the ICC electrical inspector certifications and there should be no need for the State license. Do not support. N/A: Fri, April 14, 2017, by Mgebo@fcgov.com (14-Apr-17) Tom Leeson Status History: Status History Analyze This: Comments SB17-252 Utility Cost-saving Contract For Local Governments Comment: Position: Monitor Calendar Notification: NOT ON 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 cost-savings 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: 4/28/2017 House Third Reading Passed - No Amendments Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: No Effect: Fri, March 31, 2017, by jphelan@fcgov.com (31-Mar-17) 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 Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 34 of 40 5/10/17, 1:43 PM (31-Mar-17) see above N/A: Fri, March 31, 2017, by jphelan@fcgov.com (31-Mar-17) see above Status History: Status History Analyze This: Comments SB17-267 Sustainability Of Rural Colorado Comment: Position: Monitor Calendar Notification: Wednesday, May 10 2017 THIRD READING OF BILLS - FINAL PASSAGE (1) in house calendar. News: Sponsors: L. Guzman | J. Sonnenberg / J. Becker | K. Becker Summary: Section 16 of the bill repeals the existing hospital provider fee program, effective July 1, 2017, and section 17 creates a new Colorado healthcare affordability and sustainability enterprise (CHASE) within the department of health care policy and financing (HCPF), effective July 1, 2017, to charge and collect a healthcare affordability and sustainability fee that functions similarly to the repealed hospital provider fee. Because CHASE is an enterprise for purposes of the Taxpayer's Bill of Rights (TABOR), its revenue does not count against the state fiscal year spending limit (Referendum C cap). Section 17 of the bill also requires CHASE to 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 system reform incentive payments program. Sections 2, 3, 6, 7, 11, 13, 15 through 20, 22, and 32 make conforming amendments, with section 32 extensively modifying FY 2017-18 appropriations to reflect the repeal of the hospital provider fee program and the creation of CHASE. Section 34 specifies that the effective date of sections 2, 3, 6, 7, 11, 13, 15 through 20, 22, and 32 of the bill is July 1, 2017, and that those sections do not take effect if the centers for medicare and medicaid services determine that they do not comply with federal law. Section 11 of the bill permanently reduces the Referendum C cap by reducing the FY 2017-18 cap by $200 million and specifying that the base amount for calculating the cap for all future state fiscal years is the reduced FY 2017-18 cap. As is the case under current law, the reduced cap is annually adjusted for inflation, the percentage change in state population, the qualification or disqualification of enterprises, and debt service changes. Section 24 of the bill specifies that for any state fiscal year commencing on or after July 1, 2017, for which revenue in excess of the reduced Referendum C cap is required to be refunded in accordance with TABOR, reimbursement for the property tax exemptions for qualifying seniors and disabled veterans that is paid by the state to local governments for the property tax year that commenced during the state fiscal year is a refund of such excess state revenue. The exemptions continue to be allowed at current levels and the state continues to reimburse local governments for local property tax revenue lost as a result of the exemptions regardless of whether or not there are excess state revenues. Section 27 prioritizes the new TABOR refund mechanism ahead of the existing temporary state income tax rate reduction refund mechanism as the first mechanism used to refund excess state revenue. Section 12 of the bill requires the state, on or after July 1, 2018, to execute lease-purchase agreements, including associated certificates of participation (COPs), for up to $2 billion of eligible facilities identified collaboratively by the state architect, the office of state planning and budgeting (OSPB), and state institutions of higher education for the purpose of generating funding for capital construction projects and transportation projects. The lease-purchase agreements must be issued in increments of up to $500 million in FYs 2018-19, 2019-20, 2020-21, and 2021-22. The first $120 million of lease-purchase agreement proceeds from the FY 2018-19 issuance must be used to fund Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 35 of 40 5/10/17, 1:43 PM capital construction projects with most of that amount being dedicated for funding of level I, II, and III controlled maintenance projects. The first $120 million of lease-purchase agreement proceeds from the FY 2019-20 issuance must be used for capital construction projects as prioritized by the capital development committee. Remaining proceeds are credited to the state highway fund and are required by section 31 to be expended to fund state strategic transportation project investment program projects that are designated for tier 1 funding as 10-year development program projects on the department's development program project list, with at least 25% of such proceeds being expended to fund projects that are located in rural counties. At least 10% of such proceeds must be expended for transit purposes or for transit-related capital improvements. The maximum term of the lease-purchase agreements is 20 years, and the maximum total annual repayment amount for lease-purchase agreements is $150 million. Lease-purchase agreements must be paid, subject to annual appropriation by the general assembly or annual allocation by the transportation commission, first from up to $9 million from the general fund or any other legally available source of money, next from up to $50 million of legally available money under the control of the transportation commission solely for the purpose of allowing the construction, supervision, and maintenance of state highways to be funded with the proceeds of lease-purchase agreements, and last from up to $85 million from the general fund or any other legally available source of money. Sections 5 and 8 of the bill specify that an academic facility is not eligible for controlled maintenance funding if it is acquired or constructed, or, if it is an auxiliary facility repurposed for use as an academic facility, solely from a state institution of higher education's cash and operated and maintained from such cash funds and if the acceptance of construction or repurposing occurs on or after July 1, 2018. Section 29 of the bill, in accordance with previously granted voter approval, increases the rate of the retail marijuana sales tax, which is currently 10% and is scheduled under current law to decrease to 8%, to 15%, effective July 1, 2017. Section 30 holds local governments that currently receive an allocation of 15% of state retail marijuana sales tax revenue based on the current tax rate of 10% (i.e. the amount attributable to a 1.5% tax rate) harmless by specifying that on and after July 1, 2017, they receive an allocation of 10% of state retail marijuana sales tax revenue based on the new rate of 15% (i.e., the same amount attributable to a 1.5% tax rate). Of the 90% of the state retail marijuana sales tax revenue that the state retains for state FY 2017-18: 28.15% less $30 million stays in the general fund; 71.85% is credited to the marijuana tax cash fund; and $30 million is credited to the state public school fund and distributed to rural school districts as specified in section 4. Of the 90% of the state retail marijuana sales tax revenue that the state retains for state fiscal year 2018-19 and for each succeeding state fiscal year: 15.56% stays in the general fund; 71.85% is credited to the marijuana tax cash fund; and 12.59% is credited to the state public school fund and distributed to all school districts as specified in section 4. Section 4 of the bill requires the $30 million of state retail marijuana sales tax revenue that is transferred to the state public school fund for FY 2017-18 to be appropriated to the department of education and allocated 55% to large rural school districts and 45% to small rural school districts and then distributed to the large and small rural school districts on a per pupil basis. Section 4 requires all of the state retail marijuana sales tax revenue that is transferred to the state public school fund for FY 2018-19 and for each subsequent fiscal year to be distributed to all school districts and institute charter schools as part of the state share of total program funding. On and after July 1, 2017, section 28 offsets a portion of the state retail marijuana sales tax rate increase by exempting retail sales of marijuana upon which the state retail marijuana sales tax is imposed from the 2.9% general state sales tax and section 23 makes a conforming amendment to ensure that local governments can continue to impose their local general sales taxes on retail sales of marijuana. Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 36 of 40 5/10/17, 1:43 PM Section 9 of the bill requires each principal department of state government, other than the departments of education and transportation, that submits an annual budget request to the OSPB, when submitting its budget request for FY 2018-19 to the OSPB, to request a total budget for the department that is at least 2% lower than its actual budget for the FY 2017-18. The OSPB must strongly consider the budget reduction proposals made by each principal department when preparing the annual executive budget proposals to the general assembly for the governor and must seek to ensure that the executive budget proposal for each department for FY 2018-19 is at least 2% lower than the department's actual budget for FY 2017-18. Section 10 of the bill eliminates FY 2018-19 and FY 2019-20 general fund transfers to the highway user tax fund required by current law. The eliminated transfers are in the amounts of $160 million on June 30, 2019, and $160 million on June 30, 2020. Section 14 of the bill specifies that on and after January 1, 2018, for pharmacy and for hospital outpatient services, including urgent care centers and facilities and emergency services provided under the 'Colorado Medical Assistance Act', HCPF rules that specify the amount of copayments for such services must require the recipient to pay: For pharmacy, at least double the average amount paid by recipients in state fiscal year 2015-16; or For hospital outpatient services, at least double the amount required to be paid as specified in the rules as of January 1, 2017; except that For both pharmacy and hospital outpatient services, the amount required to be paid by the recipient may not exceed any specified maximum dollar amount allowed by federal law or regulations as of January 1, 2017. Section 21 of the bill requires HCPF, within 120 days of the enactment of the federal 'Advancing Care for Exceptional Kids Act' (ACE Kids Act) and subject to available appropriations, to seek any federal approval 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. HCPF must comply with ACE Kids Act requirements for its participation. Section 25 of the bill terminates an existing temporary income tax credit for business personal property taxes paid that is available only for income tax years commencing before January 1, 2020, one year early so that it is available only for income tax years commencing before January 1, 2019. Section 26 replaces the terminated temporary credit with a more generous permanent income tax credit for business personal property taxes paid on up to $18,000 of the total actual value of a taxpayer's business personal property. Section 1 of the bill makes a legislative declaration that all provisions of Senate Bill 17-267 relate to and serve and are necessarily and properly connected to the General Assembly's purpose of ensuring and perpetuating the sustainability of rural Colorado. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 5/9/2017 House Second Reading Special Order - Passed - No Amendments Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Oppose: Tue, April 11, 2017, by Mjackson@fcgov.com (11-Apr-17) 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 short-sighted 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 (11-Apr-17) Providing adequate transporation resources for maintenance and improvement of infrastrucutre is a Council priority. Oppose: Tue, April 11, 2017, by Mjackson@fcgov.com (11-Apr-17) Mark Jackson, Ginny Sawyer Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 37 of 40 5/10/17, 1:43 PM Status History: Status History Analyze This: Comments SB17-278 Prohibit Nuisance Exhibition Motor Vehicle Exhaust Comment: Position: Support Calendar Notification: NOT ON 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 the reengrossed version of this bill as introduced in the second house.) Status: 5/2/2017 House Third Reading Passed - No Amendments Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Status History: Status History Analyze This: SB17-279 Applicability Recent Urban Renewal Legislation Comment: Position: Support 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 Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 38 of 40 5/10/17, 1:43 PM 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 the reengrossed version of this bill as introduced in the second house.) Status: 4/28/2017 House Third Reading Passed - No Amendments Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Support: Mon, April 17, 2017, by prowe@fcgov.com (17-Apr-17) SB17-279 clarifies and addresses confusion caused by the applicability section of HB-1348 pertaining to Urban Renewal Authorities. The implications of HB-1348, for good or bad, are still largely outstanding. Even so, adequately clarifying when/where it is applicable is critical and this bill satisfactorily accomplishes this. Support: Mon, April 17, 2017, by prowe@fcgov.com (17-Apr-17) For reasons stated in the "Impact on City Operations" question, this legislation is consistent with City policy aims. N/A: Mon, April 17, 2017, by prowe@fcgov.com (17-Apr-17) Patrick Rowe, Redevelopment Coordinator. Status History: Status History Analyze This: Comments SB17-303 State Highway System Funding And Financing Comment: Position: Calendar Notification: NOT ON CALENDAR News: Colorado lawmakers mount effort to expand alcohol sales in liquor stores and big box retailers Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 39 of 40 5/10/17, 1:43 PM Sponsors: J. Cooke | T. Neville / C. Wist | P. Neville Summary: On and after July 1, 2017, section 4 of the bill requires 10% of the net revenue generated by existing state sales and use taxes to be credited to the highway users tax fund, paid to the state highway fund for allocation to the department of transportation (CDOT), and spent by CDOT first to make payments due on any transportation revenue notes (TRANs) issued, subject to voter approval, as required by section 7 and, to the extent not needed for that purpose, for highway purposes or highway-related capital improvements as specified in section 6. Section 7 requires the submission of a ballot question to the voters of the state at the November 2017 statewide election, which, if approved, requires the executive director of CDOT to issue TRANs in a maximum principal amount of $3.5 billion and with a maximum repayment cost of $5.5 billion. TRANs must have a maximum repayment term of 20 years and must be paid first from the net state sales and use tax revenue paid to the state highway fund and allocated to CDOT by section 4 and thereafter from any legally available money under the control of the transportation commission. Section 8 requires TRANs proceeds to be used only to provide sufficient funding for the completion of economically and regionally significant state highway system projects throughout the state, including a specific list of projects. Section 2 eliminates required statutory transfers from the general fund to the capital construction fund and the highway users tax fund for state fiscal years 2017-18, 2018-19, and 2019-20. Section 3 requires CDOT rules that govern the consideration of contractor bids for CDOT projects to require consideration of all bids submitted by prequalified contractors and prohibit shortlisting. Section 5 requires CDOT, with respect to any transportation projects for which it awards a competitively bid contract on or after July 1, 2018, to report on its public website within 30 days of the contract award and maintain on its website for at least one year thereafter all information, excluding specific corporate financial information, from all bidders submitted in response to its invitation for bids for the project. (Note: This summary applies to this bill as introduced.) Status: 5/9/2017 Senate Second Reading Laid Over with Amendments to 05/11/2017 - Committee Fiscal Notes Status: No fiscal impact for this bill Analyze This Comments: Actively Monitor: Tue, May 02, 2017, by Mjackson@fcgov.com (02-May-17) The intent of the legislation to identify revenues specifically for transportation infrastructure is good. It allows for voters to decide on issuance of TRANs bonds, and sets aside a mandatory 10% of revenue from state sales and use tax for transportation. There is no discussion however of what current state expenses, programs and projects will be cut or reduced to make room for these transportation investments. There are no new revenue sources (taxes) provided. It is uncertain if this is fiscally feasible or politically attainable. Actively Monitor: Tue, May 02, 2017, by Mjackson@fcgov.com (02-May-17) Improving transportation systems support Council legislative policy. The question becomes what other programs arecut if no new expenses are brought to the table. This could (unknown) run contrary to other Council priorities. Actively Monitor: Tue, May 02, 2017, by Mjackson@fcgov.com (02-May-17) Mark Jackson Status History: Status History Analyze This: Comments Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View... 40 of 40 5/10/17, 1:43 PM Updated: May 2, 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 5/8 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 3/29 4/21 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 4/13 HB 1116 Continue Low Income Home Energy Assistance Support Monitor Support 1/20 Trans 2/16 3/7 3/9 AG 3/23 5/9 HB 1123 Extend On-premises Retail Alcohol Beverages Sales Hours Monitor Monitor 1/24 LG 2/8 2/13 2/15 BL 3/24 5/11 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 5/8 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 5/4 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 4/25 4/26 4/27 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 4/18 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 4/17 5/4 HB 1216 Sales And Use Tax Simplification Task Force * Monitor 2/28 BL 3/21 Ap 4/13 4/14 4/17 F 4/25 5/9 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 4/18 4/19 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 4/17 HB 1275 Increase Solid Waste Diversion Support Support 3/17 Trans 4/13 4/26 HB 1279 Construction Defect Actions Notice Vote Approval Amend Monitor 3/17 SA 4/19 4/21 4/24 5/4 HB 1291 Alternate Storage Not Change If Already Quantified Support Support 3/24 Ag 4/17 4/21 4/24 5/3 HB 1306 Test Lead In Public Schools' Drinking Water Support 3/29 Ed 4/17 Ap 4/18 4/25 4/26 5/9 HB 1309 Documentary Fee To Fund Affordable Housing Support Oppose 3/31 LG 4/26 HB 1316 Delay Implementation of HB 16-1309 Support Support 4/4 Jud 4/13 4/19 4/20 Jud 4/24 4/26 4/28 HB 1321 Parks And Wildlife Financial Sustainability Support Support 4/5 Ag 4/17 F 4/19 4/27 HB 1333 Seal Criminal Records Of Marijuana Offenses 4/11 HB 1338 Municipal Court Bond Hold Notification and Hearing Monitor Monitor 5/9 HB 1348 Prohibit HOV Vehivle 3 Requirement North I-25 Express Lane Oppose Monitor HB 1349 Assessment Ratio For Residential Property Monitor Monitor 5/9 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 5/11 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 4/28 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 4/18 5/4 SB 188 Repeal Income Tax Credit Innovative Motor Vehicles Oppose Oppose 2/14 F 2/28 5/11 SB 192 Marijuana Business Efficiency Measures Oppose* Oppose 2/14 BL 3/8 F 2/16 4/11 4/12 F 5/1 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 Monitor 3/16 BL 3/27 4/3 4/5 BL 4/13 4/18 4/19 5/3 SB 252 Utility Cost-saving Contract For Local Governments Monitor Monitor 3/16 LG 3/23 3/28 3/31 LG 4/26 4/28 SB 267 Sustainability Of Rural Colorado Oppose Monitor 3/27 F 4/11 Ap 4/27 5/9 SB 278 Prohibit Nuisance Exhibition Motor Vehicle Exhaust Support Support 3/31 Trans 4/11 4/18 4/19 HE 4/27 5/2 SB 279 Applicability Recent Urban Renewal Legislation Support Support 3/31 LG 4/6 4/11 4/12 BL 4/25 4/28 SB 303 State Highway System funding and Financing Monitor 5/11 City positions Bill Action Summary Scheduled for action (yellow) Support (green) Legislative committee action not scheduled (no fill) Oppose (red) Amend (blue) Monitor (no fill) Committee Abbreviations Ag = agriculture and natural resources committee Ap = appropriations committee Jud = judiciary committee BL = Business, labor and econ development committee LG = local government committee Ed = education committee SA = state, veterans and military affairs committee CC = conference committee Trans = transportation and energy committee * Further comments available F = finance committee UA = upon adjournment HE = health care and environment committeee UR = upon recess Bill no longer active (gray) Bill passed, date of action (green) First House Second House Bill scheduled in committee of reference (yellow) Bill status Legislative committee action scheduled, date and time (yellow) Bill postponed indefinitely or lost, date of action (red) Bill did not go on to second committee or no action required (black) Bill waiting 2nd/3rd reading or not calendared (no fill) Bill signed by Governor (green) HB 1362 Plan For Addressing Statewide Infrastructure Needs Support Support SB 014 Limits On Underground Storage Tank Regulation Oppose* Monitor 1/11 Trans 1/31 2/3 2/6 Trans 5/4 SB 021 Assistance To Released Mentally Ill Offenders Support Monitor 1/11 Jud 3/15 5/10 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 SB 082 Regulation Of Methadone Treatment Facilities Support* Monitor 1/13 HE 4/12 4/18 4/20 SA 4/27 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 4/18 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 4/21 4/24 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