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HomeMy WebLinkAboutAgenda - Mail Packet - 11/14/2017 - Legislative Review Committee Agenda - November 13, 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 November 13, 2017 3:00 – 4:00 p.m. Commons Conference Room, City Hall, 300 LaPorte Ave., Building A 1. Agenda Review 2. Approval of minutes from October 23, 2017 Meeting Attached: October 23rd Minutes 3. Colorado Communities for Climate Action (CC4CA) Update (30 minutes) • Consideration of the 2017-2018 CC4CA Policy Priorities (attached) • CC4CA Local Government Official Training on November 29 in Westminster (agenda attached) 4. Discussion on Private Activity Bonds (10 minutes) 5. Other business (5 minutes) • Update on staff meetings with legislators • Email response to Broomfield Councilmember: o Draft response below: Thank you for engaging Fort Collins in your recent effort to impact oil and gas rulemaking and gain stronger statewide protections. While Fort Collins has limited oil and gas development and will not be supporting your effort at this time, our City is committed to working collaboratively to ensure safe practices. This is demonstrated through our legislative policy statements, including: 1. Supports greater local authority to regulate oil and gas exploration activities within municipal boundaries, including ability to inspect sites, ensure operator compliance, and regulate location of extraction, storage and transmission activities. 2. Supports state, federal, and academic studies evaluating impacts of oil and gas operations on human health and property values. 3. Supports air pollution monitoring, emission characterization and modeling studies to better understand the contributions of the oil and gas industry to air pollution. Should specific policy proposals on this topic present themselves that you would like the City to consider and take a position on, please don’t hesitate to reach out in the future. City Manager’s Office City Hall 300 LaPorte Ave. PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 - fax fcgov.com Legislative Review Committee Agenda October 23rd, 2017 3:00 – 4:00 p.m. Commons Conference Room, City Hall, 300 LaPorte Ave., Building A Councilmembers Present: Ken Summers, Bob Overbeck, and Ray Martinez Staff Present: Carrie Daggett, Jeanne Sanford, Ginny Sawyer, Tyler Marr, Eric Potyondy, Carol Webb and lobbyists Ed Bowditch, Jennifer Cassell The meeting came to order at 2:58 pm. Approval of minutes from October 9th Councilmember Martinez motioned to approve, Councilmember Overbeck seconded. Minutes were approved unanimously. Policy Agenda and Priorities The Legislative Review Committee unanimously recommended approval of the 2018 Legislative Policy Agenda (Martinez motion, Overbeck seconded), with the understanding staff still needs to finalize formatting and some minor language changes. • Councilmember Overbeck noted that while he did not support removal of oil and gas priorities, he will be supporting the document as a whole moving forward. • Councilmember Summers noted that in future years he would appreciate highlighting new priorities, or significantly changed items. He also noted that the City could inform positions more robustly in future years in areas such as workforce development, education, and economic health. • Councilmember Overbeck expressed support of the addition of cybersecurity and behavioral health items Legislative Preview from Bowditch and Cassell Ed Bowditch highlighted the following things for the upcoming session: • November 1, Governors budget request due – JBC will begin meeting shortly thereafter • January 11, opening session. • Republicans maintain a 1 seat majority in the Senate and the Democrats maintain an 9 seat majority in the House • It seems unlikely that there will be any major differences in the outcomes from last session. • The proposed Public Employees Retirement Association (PERA) changes will be a heavy lift for the legislature Jennifer Cassell talked about the following specific bills: • Colorado Housing Finance Authority is seeking a tax credit extension • Changing the allowable use of lodging tax to include workforce housing • Broadband bill which would move money into a broadband fund – have heard that opposition is requesting that funds cannot be used for cross-subsidization • Xcel is bringing forth a bill that would allow rate regulators to offer economic development rates in order to attract large employers. • Denver Metro Chamber is moving forward with a 2018 ballot initiative that would raise sales tax dedicated to transportation. Cassell also shared that we are not expected to see the following bills: • DDA bill that mirrors URA bill. • Other TIF, URA bills seem unlikely Other Business Invitation from Broomfield Council to join on Oil and Gas related Letter • Councilmember Overbeck summarized that a Broomfield Councilwoman reached out inquiring about the City’s support of a letter discussing the concerns of urban areas related to oil and gas development. • Councilmember Summers moved to decline signing on to the letter, Martinez seconded. o Councilmember Summers discussed the differences between Broomfield and Fort Collins and cited the lack of interest/possibility of oil and gas development in Fort Collins as reason not to sign on to the letter. He also expressed concern about the reception of such a letter by COGCC and Governor Hickenlooper and the lack of acknowledgment in the letter of the regulatory changes that have been enacted over the past years. • Councilmember Overbeck moved to amend the motion to respond to the Broomfield councilwoman, and to leave open the possibility to address the citizen concerns Council has heard and strengthen the City’s hand if possible. Councilmember Summers viewed the amendment as friendly (as did Councilmember Martinez) and noted the response should include the language that the City is happy to engage in and review specific proposals. • Staff will bring a draft response back at the November 6 meeting incorporating the feedback they heard from the LRC. Water sharing bill that is currently under discussion • Councilmember Summers teed up the conversation by stating that CML took a friendly position on the City’s proposed bill, but stated that Boulder had concerns. He asked Eric Potyondy and Carol Webb to talk about the bill and where it is out. • Potyondy discussed that he and staff presented to the Legislature’s Water Resource Committee. He noted that there was some concern about unintended consequences. The Colorado River District did express concern based on litigation they’ve had with Denver water and other jurisdictions. As a result of these comments, the language in the bill has been tightened. Eric has been working with a variety of other water attorneys working on support • Carol Webb shared that the water districts initially questioned the motive of the bill, but that through discussion were able to better understand how there is buy in from two parties required through some kind of agreement (IGA, etc.) • Eric Potyondy also shared that agreements are currently very hard to get because of the need to have water rights/resources identified and dedicated to an agreement. • Carol Webb shared that the onus for needing something like this is maximizing the use of various water supplies to better serve the growth management area as a whole. Additionally, in emergency situations this could be useful. o Councilmember Overbeck asked if the City could start with agreements for emergency situations. Webb shared that the legislation would be necessary in order to share the water rights, but that agreements are already in place for distribution and treatment. • LRC noted the importance of getting the various districts’ buy-ins as a next step. Councilmember Summers noted the importance of being able to simply explain this to legislators and to highlight that this is a permissive bill and that nothing is being forced. Meeting adjourned at 4:06 pm 1 Draft Analysis of the Alignment between the DRAFT Colorado Communities for Climate Action (CC4CA) Policy Priorities and the City’s Legislative Policy Agenda (LPA) Document Purpose and Recommendation: The purpose of this document is to analyze the proposed 2017-2018 CC4CA Policy Priorities against the City’s Legislative Policy Agenda (LPA) to assess where the policies align. The 15 CC4CA communities have developed 20 policy priorities for the 2018 Legislative Session, and staff’s analysis finds that18 of the 20 policies highlighted in green align with the City’s LPA. While staff recommends the LRC support the CC4CA Policy Agenda, there are two policies highlighted in yellow that staff recommends watching with scrutiny during the 2018 Legislative Session: • “Policy 9: Supports the early decommissioning and retirement of existing fossil-fuel based generation facilities and their replacement with clean energy supplies, through means that protect both utilities and consumers.” o Staff analysis – this policy is new in 2018, and while this policy does acknowledge the need to protect utilities and consumers, staff recommends that HOW this policy is translated to legislation will be important to monitor. • “Policy 11. Supports state legislation to incrementally increase the Renewable Energy Standard.” o Staff analysis – this policy is unchanged from 2017, and staff continues to recommend monitoring activity on this policy during the session given the City’s policy priorities around Home Rule and local control. Analysis and Overview of Changes from 2017 CC4CA Policy Priorities: Proposed CC4CA Policy Priorities Explanation of Change (if any) Alignment with City’s Draft 2018 LPA CC4CA Policy Section: General Policy Priorities Supports state and federal government collaboration with Colorado’s local governments to advance local climate protection action through the provision of information, technical assistance, funding, and other resources. unchanged Unchanged from 2017 In Alignment (Page 8) 1. Supports greenhouse gas (GHG) emission reduction targets, planning, and implementation at all levels of government. Supports continued and adequate state and federal funding of state and federal programs directly and indirectly related to achieving reductions in heat- trapping emissions, and continued and adequate funding of those programs. To indicate support for the programs themselves as well as continued and adequate funding. In Alignment Examples include: (Page 9): 10. Supports state and federal funding for resilience efforts to mitigate potential energy and climate related disruptions. (Page 16): 4. Supports incentives and funding for programs that promote waste reduction, reuse and recycling, and development of related infrastructure. 2 Proposed CC4CA Policy Priorities Explanation of Change (if any) Alignment with City’s Draft 2018 LPA Supports analyses, financial incentives, and enabling policies for the development and deployment of clean energy technologies. unchanged Unchanged from 2017 In Alignment Examples include: (Page 9) 6. Supports federal and state incentives for renewable energy production, including wind power, and provide for “State Implementation Plan” credits for renewable energy (excluding residential wood burning and corn-based ethanol) and energy efficiency. (Page 9) 8. Supports smart grid technology adoption and grid modernization. Supports state and federal impact assistance programs requested by affected communities that are impacted by the reduced use of fossil fuels for power production. unchanged Unchanged from 2017 In Alignment Examples include: (Page 9): 3.Supports opportunities for energy efficiency, production, and operation in local economies. (Page 9: 5. Supports state and federal funding for resilience efforts to mitigate potential energy and climate related disruptions. Section: Local Climate Programs 1. Supports state-level actions to remove barriers and promote opportunities that allow counties and statutory cities and towns municipalities to maximize the deployment of local clean energy options. substantively unchanged, minor edit Remains an important need for all local governments. In Alignment (Page 9): 5. Supports state and federal funding for resilience efforts to mitigate potential energy and climate related disruptions. 2. NEW Supports requiring local governments with adopted building codes to include the 2015 or newer International Energy Conservation Code, or provisions substantially similar to it, in their building codes and to develop a process for updating the energy code on a regular basis. House Bill 07-1146, adopted in 2007, required cities and counties in Colorado with building codes to adopt and enforce a building energy code at least as stringent as the 2003 International Energy Conservation Code. That law was effective in stimulating local jurisdictions to adopt an up-to-date model energy code, but the 2003 IECC “floor” is now outdated, which could be remedied by amending the legislation to make the 2015 IECC the new minimum standard. 3 Proposed CC4CA Policy Priorities Explanation of Change (if any) Alignment with City’s Draft 2018 LPA 3. Supports state government actions to enable local governments to obtain the energy use and other data they need to effectively address climate change. unchanged Unchanged from 2017 In Alignment (Page 8) 1. Supports greenhouse gas (GHG) emission reduction targets, planning, and implementation at all levels of government. Section: State Climate-Specific Programs Supports the establishment by the Colorado state government of new goals for reductions in statewide heat-trapping emissions, to be no less stringent than adopted national goals and those set by Governor Bill Ritter, Jr. 4. NEW Supports statutory codification of aggressive and enforceable goals to reduce net statewide heat-trapping emissions, including the goal of reducing emissions by more than 26 percent by 2025, compared to 2005 levels, as established by Governor John Hickenlooper through executive order, and including a further goal of reducing emissions by at least 80 percent by 2050, compared to 2005 levels. Governor Hickenlooper’s July 2017 executive order establishes a statewide reduction goal, but for 2025 only. The new policy aligns the policy with the EO and in addition calls for a 2050 goal. In Alignment (Page 8) 1. Supports greenhouse gas (GHG) emission reduction targets, planning, and implementation at all levels of government. Supports development by the Colorado state government of administrative, legislative, and other actions to implement the Colorado Climate Plan and achieve the state’s emission reduction goals, and requests an opportunity for meaningful, sustained engagement by CC4CA in developing those specific steps. 5. Supports legislative, regulatory, and administrative actions by the Colorado state government to achieve the state’s emission reduction goals and to implement the Colorado Climate Plan, and requests an opportunity for meaningful, sustained engagement by CC4CA in developing those specific steps. Revised to place emphasis on the actions necessary to achieve the emission reduction goals of the executive order, which also directs that its provisions be incorporated into an update of the Colorado Climate Plan, now in process. In Alignment (Page 8) 1. Supports greenhouse gas (GHG) emission reduction targets, planning, and implementation at all levels of government. 4 Proposed CC4CA Policy Priorities Explanation of Change (if any) Alignment with City’s Draft 2018 LPA 6. Supports the development of a new forecast of future heat-trapping emissions reflecting Colorado laws and Colorado-specific information by the Colorado Department of Public Health and Environment, with input from local government and other stakeholders. unchanged Unchanged from 2017 In Alignment (Page 8) 1. Supports greenhouse gas (GHG) emission reduction targets, planning, and implementation at all levels of government. 7. NEW Supports a comprehensive market-based policy to reduce Colorado’s heat-trapping emissions. Climate change is considered a market failure by economists, because it imposes huge costs on society—so-called external costs—that are not normally reflected in the prices of the goods and services causing the costs. To overcome this market failure, CC4CA supports an effort to internalize the costs, by putting a price on heat- trapping emissions and allowing that price to help drive emission reductions. Such a market-based approach could be undertaken at national, regional, or state levels, and could take different forms. This policy does not specify which form the market-based mechanism could take, but instead leaves it open for discussing during the session. In Alignment (Page 8) 2. Supports market-based mechanisms to reduce emissions, including incentives, enabling legislation, and other mechanisms to achieve emissions reductions and increase resiliency in energy, waste reduction, transportation, and water sectors. Section: Electricity Generation Supports state government actions to reduce emissions from electricity generation and consumption in Colorado at least equivalent to the levels required by the U.S. Environmental Protection Agency’s Clean Power Plan. 8. NEW Supports concrete state government actions to reduce emissions from the electricity sector in Colorado by at least 25 percent by 2025 and at least 35 percent by 2030, compared to 2012 levels, consistent with the goals established by Governor John Hickenlooper through executive order. Replaces outdated Clean Power Plan reference to instead address the executive order provision. In Alignment Examples include: (Page 8) 1. Supports greenhouse gas (GHG) emission reduction targets, planning, and implementation at all levels 5 Proposed CC4CA Policy Priorities Explanation of Change (if any) Alignment with City’s Draft 2018 LPA 9. NEW Supports the early decommissioning and retirement of existing fossil-fuel based generation facilities and their replacement with clean energy supplies, through means that protect both utilities and consumers. CC4CA supports actions in Colorado to enable the early retirement of fossil-fuel based power plants and their replacement with clean energy sources, while protecting the economic interests of both the utilities owning the power plants and electricity customers. In Alignment but will require scrutiny during the legislative session Examples include: (Page 9) 1. Supports all efforts that promote energy affordability, safety, and reductions in fossil-fuel generated consumption for residents, businesses and institutions (Page 9) 4. Opposes barriers to coordinating integrated planning for energy supply and demands. 10. NEW Supports preservation of the ability of electric cooperatives to independently purchase local renewable electricity, consistent with the decisions of the Federal Energy Regulatory Commission that both direct and indirect restrictions on such ability are in violation of federal law. This applies directly to communities in the Tri- State Generation and Transmission Association, and does not apply to Fort Collins. N/A to Fort Collins – do not oppose due to overall alignment with the LPA (Page 9) 1. Supports all efforts that promote energy affordability, safety, and reductions in fossil-fuel generated consumption for residents, businesses and institutions 11. Supports state legislation to incrementally increase the Renewable Energy Standard. unchanged Unchanged from 2017 In Alignment but will require scrutiny during the legislative session Examples include: (Page 8) 1. Supports greenhouse gas (GHG) emission reduction targets, planning, and implementation at all levels of government. (Page 9) 1. Supports all efforts that promote energy affordability, safety, and reductions in fossil-fuel generated consumption for residents, businesses and institutions 12. Supports state legislation to require the Public Utilities Commission to consider all environmental and health costs of the fuels used by investor- 6 Proposed CC4CA Policy Priorities Explanation of Change (if any) Alignment with City’s Draft 2018 LPA 13. Supports state net metering policies that incentivize distributed generation installations, in ways that are consistent with current net metering policies. Unchanged Unchanged from 2017 In Alignment (Page 9) 1. Supports all efforts that promote energy affordability, safety, and reductions in fossil-fuel generated consumption for residents, businesses and institutions. Section: Energy Efficiency Supports the extension of the Colorado Energy Efficiency Resource Standard law beyond 2018. Policy achieved through passage of HB 17-1227 during the 2017 legislative session. N/A Supports an extension of existing state enabling legislation that provides authority for Regional Transportation Authorities to collect property taxes for transit programs. Policy achieved through passage of HB 17-1018 during 2017 legislative session. N/A 14. NEW Supports legislative, regulatory, and administrative actions for electric utilities to achieve energy-efficiency savings of 2 percent per year beyond 2020, building on the 2020 goal established by Governor Hickenlooper through executive order. Municipal and cooperative utilities should also adopt and achieve similar efficiency targets. Aligns with the Governor’s Executive Order which sets a new goal to achieve 2 percent per year- energy efficiency by 2020. N/A to Fort Collins – support due to alignment with LPA and existing policy Staff worked with CC4CA to clarify this does not apply to Municipal Utilities, and the Energy Policy already exceeds this target (2.5% savings per year in 2020). 15. Supports ongoing and sustainable funding for the Weatherization Assistance Program. unchanged Unchanged from 2017 In Alignment (Page 9) 1. Supports all efforts that promote energy affordability, safety, and reductions in fossil-fuel generated consumption for residents, businesses and institutions. 16. Supports state enabling legislation to provide counties and statutory cities and towns with the same authority held by home rule cities to implement local energy conservation policies and programs. unchanged Unchanged from 2017 N/A to Fort Collins – do not oppose due to overall to alignment with LPA (Page 9) 1. Supports all efforts that 7 Proposed CC4CA Policy Priorities Explanation of Change (if any) Alignment with City’s Draft 2018 LPA Section: Transportation 17. NEW Supports adoption by the Colorado Air Quality Control Commission of California’s motor vehicle emission standards, including requirements for zero-emission vehicles, as allowed by the federal Clean Air Act and as already done by many other states. The Clean Air Act provides authority for California to adopt its own emission standards for new motor vehicles, if at least as stringent as federal standards, and for other states to adopt the California standards. 12 states plus Washington, D.C. (representing 35% of the nation’s population and new motor vehicle sales), have adopted the basic standards, with 9 states adopting the specific standards focused on sales of zero tailpipe-emission vehicles (ZEVs). CC4CA supports adopting the California vehicle standards, including those for ZEVs. The standards have enjoyed unusual bipartisan support, including among Colorado’s delegation. A 2017 letter to the U.S. EPA supporting continuation of the waivers was signed by Rep. Mike Coffman, Republican of Colorado, and Rep. Jared Polis, Democrat of Colorado, along with other Congressmen of both parties. In Alignment (Page 6) 5. Supports strengthening standards for tailpipe emissions, aggregate vehicle emissions and/or fuel economy for all vehicles. Supports programs and policies that promote the use of electric vehicles and the development of infrastructure needed to support the use of those vehicles. 18. Supports new state government incentives for the purchase and use of zero emission vehicles, and the development of the infrastructure needed to support the use of those vehicles across Colorado. unchanged Electrification of vehicles, as well as other emerging technologies, holds great promise for emissions reductions. CC4CA supports action to increase the adoption of EVs by investing in charging stations, education, and providing incentives. CC4CA also supports committing a portion of Colorado’s share of the VW settlement to the construction of electric vehicle charging infrastructure. In Alignment (Page 6) 5. Supports strengthening standards for tailpipe emissions, aggregate vehicle emissions and/or fuel economy for all vehicles. Supports programs and policies that promote the use of electric vehicles and the development of infrastructure needed to support the use of 8 Proposed CC4CA Policy Priorities Explanation of Change (if any) Alignment with City’s Draft 2018 LPA Section: Methane 19. NEW Supports additional Air Quality Control Commission action to reduce emissions of methane from oil and gas operations. Methane has a much more potent (although short-lived) heat-trapping effect than carbon dioxide, and reducing methane emissions is a highly effective way to buy some time for more comprehensive actions to reduce carbon dioxide emissions. In 2014, Colorado became the first state in the nation to limit methane emissions from oil and gas operations by requiring oil and gas companies to find and fix methane leaks, as well as install technology that captures emissions of both methane and volatile organic compounds, which contribute to ground-level ozone pollution. In October 2017, the AQCC is holding a hearing to consider revising these regulations to increase reductions in the ozone non-attainment area. The revisions, which would improve on existing requirements to control equipment leaks at natural gas processing plants and well production facilities, would also reduce methane emissions. In Alignment (Page 6) 1. Supports programs and policies that improve public health and air quality, and support rapid attainment of National Ambient Air Quality Standards, including ozone. Note: The City, through its participation in the Regional Air Quality Commission (RAQC) is also involved in these hearings. Section: Solid Waste Reduction Supports the establishment of a statewide target for diversion of solid waste from landfills, and the development and implementation of state policies and programs to achieve that target. 20. NEW Supports adoption and implementation of a plan by the Colorado Department of Public Health and Environment to achieve the statewide waste diversion goals established by the Solid and Hazardous Waste Commission. The Solid and Hazardous Waste Commission established the statewide diversion goal called for in the 2017 policy agenda. There is a need for CDPHE to develop a plan to implement that goal. In Alignment (Page 16) 1. Encourages integrated waste management planning and implementation, including but not limited to the creation of a state waste diversion goal. Advocating for Climate Protection Policy Beyond City and County Boundaries: A Training for Local Government Officials November 29, 2017, 8:30 am – 11:30 am Multi-Purpose Room, City Hall, 4800 W. 92nd Avenue, Westminster CO Agenda 1. Making the Case that Climate Protection Matters to Local Governments 30 Minutes a. Key substantive elements of the case for climate protection b. Key language elements of the case for climate protection c. Why state policy matters for climate change and the nexus to local government concerns d. Upcoming reports from CC4CA e. Handouts i. Economic Impacts of Climate Changes Effect on Boulder County Infrastructure ii. Future Extreme Heat in the Denver Metro Area (2017) iii. State goals for reduction in heat-trapping emissions 2. About CC4CA 15 minutes a. Mission, vision and workplan b. Advocacy and the power of local government coalition c. Committee structure and decision-making d. Member governments and roles e. Consultants and roles f. The policy agenda adoption and use 3. Lobbying to Affect Change at the State Capitol 60 minutes a. The legislative process in theory and in practice b. The role of lobbyists (and CC4CA’s lobbying team) in the legislative process c. High impact lobbying and why it matters d. Local government officials influence of legislative outcomes and the importance of preparing in advance of the session e. Deciding when and how to prioritize spending your local government’s political capital. 4. Climate Protection Policy Advocacy in Colorado 45 Minutes a. Advocacy beyond lobbying b. Primary players; proponents and allies c. The venues where policy-making takes place 5. How the Advocacy Work Fits into a Larger Strategy 30 Minutes a. Core Approaches for crafting policy strategies (e.g. power mapping, identifying influencers) b. Designing an “outside strategy” that integrates with the “inside strategy” c. Tactics (e.g., editorials, op-eds, coalition-building, public meetings) those vehicles. promote energy affordability, safety, and reductions in fossil-fuel generated consumption for residents, businesses and institutions. owned utilities to generate electricity. unchanged Unchanged from 2017 N/A to Fort Collins – support due to alignment with LPA (Page 8) 2. Supports market-based mechanisms to reduce emissions, including incentives, enabling legislation, and other mechanisms to achieve emissions reductions and increase resiliency in energy, waste reduction, transportation, and water sectors. of government. (Page 9) 1. Supports all efforts that promote energy affordability, safety, and reductions in fossil-fuel generated consumption for residents, businesses and institutions N/A The City has adopted the 2015 IECC and has an established process, via the Energy Policy, to update building codes on a regular basis. In the policy, it’s important to note that “regular” can be determined on a community-by-community basis.