The URL can be used to link to this page

Home My WebLink AboutAgenda - Mail Packet - 3/20/2018 - Legislative Review Committee Agenda - March 19, 2018City Manager’s Office City Hall 300 LaPorte Ave. PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 - fax fcgov.com Legislative Review Committee Agenda March 19, 2018 3:00-4:00 Commons Conference Room, City Hall, 300 LaPorte Ave., Building A 1. Approval of minutes from March 5, 2018 Meeting (3 minutes) Attached: March 5 Minutes 2. Agenda Review (3 minutes) 3. Update from Bowditch and Cassell (10 minutes) 4. Bill Review (30 minutes) • Bill Report can be found here (also attached in packets) • Bill review: o Recommended support: HB 1008, SB 84 o Recommended oppose: HB 1011 o Recommended monitor: HB 1270, HB 1271, HB 1037 o Bills of priority for lobbyists Attached: Bill tracker and dossier up to date as of 3/14/18 5. Standing agenda item: CC4CA update (5 minutes) 6. Other business (5 minutes) • Luncheon feedback • Schedule post-session breakfast • NLC Updates 1 Legislative Review Committee Meeting Minutes March 5, 2018, 3:00 p.m. Commons Conference Room Councilmembers Present: Ken Summers, Ray Martinez, and Bob Overbeck Staff Present: Jeanne Sanford, Ginny Sawyer, Jeff Mihelich, Alyssa Johnson, Carrie Daggett, John Phelan, Lindsey Ex Others Present: Kevin Jones, Dan Betts The meeting came to order at 3:01 p.m. Approval of Minutes LRC approved the minutes of the February 5th meeting unanimously. Update from Bowditch and Cassell • This weekend will mark the halfway point of the legislative session. • Red light camera bill and paint stewardship bills have both been killed. • Possible changes to PERA are in development – a new bill may be introduced. • Four or five bills have been created regarding public school teacher retention. • March 19th is the date that the next revenue estimate will be issued – this has a major impact on any bills that contain general fund revenues. • The Right to Rest Act first hearing has been moved to March 14th. o Ginny will check with Jerry Schiager regarding his ability to testify on March 14th. Bill Review Bill # Short Title LRC Discussion LRC Position Support or Recommended Support Bills HB 1107 Prewire Residence For Electric Vehicle Charging Port • The Fort Collins building code requires prewire be installed, but this new bill only requires that the option is offered. • Councilmembers Summers and Overbeck expressed support. Support HB 1128 Protections For Consumer Data Privacy • If passed, regulation would fall under Attorney General’s Office. • CML has indicated that the bill is going to pass in its current form and has adopted a neutral position. Neutral/monitor 2 • Jennifer indicated that municipalities are not generally in favor of this bill. • City Attorney Daggett added that this bill would create an additional cause of action and potential liability for the City. • Councilmember Overbeck questions what City gives up with this bill. • Committee agreed with Ginny’s suggestion to support a statement to exclude municipalities from the bill. • Regulations for insurance companies are currently established by the Division of Insurance at the state-level. • Will it increase data protection or just cause challenges for public entities? • Councilmember Summers suggests neutral or monitor position. • Committee voted to adopt position of monitor. HB 1190 Modify Job Creation Main Street Revitalization Act • Bill extends the Historic Preservation Tax Credit from 2019 until 2029. • Councilmembers Overbeck and Martinez support. Support SB 143 Parks And Wildlife Measures To Increase Revenue • The bill is an attempt by the DNR to stabilize long-term funding for the division by increasing fees. • Projected to raise $8.5 million in revenue in 2019. • Committee agreed that they need to know what the DNR’s revenue shortfall is; Ed mentioned that the shortfall is projected to be $15-$23 million by 2023. • Committee members agree to monitor bill. • Councilmember Summers would like to review the extended revenue forecast prior to taking a support/oppose position. 3 Monitor Bills HB 1073 Water District Ability Contract Water Assets • Councilmember Summers suggested continuing to monitor and track Monitor HB 1127 Residential Landlord Rental Application • Councilmember Summers suggested continuing to monitor and track Monitor HB 1191 Local Government Alter Speed Limits • Councilmember Summers suggested continuing to monitor and track Monitor SB 144 Bicycle Operation Approaching Intersection • Councilmember Summers suggested continuing to monitor and track Monitor New bills to track: • HN 1011 Marijuana Business Allow Publicly Traded Owners • HB 1078 o Judge Lane is currently monitoring this bill.  Intent of bill is to provide special care for veterans who are defendants and to notify veterans that they may be eligible for mental health services. There has been a trend in past couple of years to create veteran courts. o Bill passed the House and will be introduced in the Senate today. o Ginny will add this bill to the bill tracker list. CC4CA Update • CC4CA has created a monthly newsletter that is distributed via email. o The committee members discussed that they would like to be subscribed to the newsletter. o Lindsay will subscribe all councilmembers to this newsletter. • Updates: o Continued relationship-building is occurring between CC4CA and representatives. o Becker is crafting a bill regarding resource planning and customized agreements.  Concerns with equity with this bill, specifically the cost-sharing aspect. o SB 003: passed Senate and introduced in House. Most people look at it as a satisfactory compromise to keep the office in operation. o Staffing changes at CC4CA: Jacob Smith (former Mayor of Golden) will be the interim executive director. He will be visiting Fort Collins this week to meet with CAP staff. Set agenda for Legislative Lunch on March 7th • The lunch will take place this week at the CML offices. The entire Northern Colorado delegation has been invited. • Ginny, Wendy, and Tyler will be leaving at 10:00 a.m. on Wednesday from City Hall and will retrieve Councilmember Martinez at his place of residence on their way. • Ed mentioned that March 6th is caucus day; legislators will be starting at 11:00 a.m. on March 7th 4 o Carrie recommended that if Council were going to take an action, Council would need to adopt a resolution to amend the legislative policy agenda. o Councilmember Overbeck suggested determining what actions other cities have taken regarding this issue through discussions at NLC in D.C. o Councilmember Summers suggested conducting an analysis of the cause(s) of gun violence in schools. When a person/student is at-risk, steps should be taken to ensure that the individual does not have any access to guns. • The committee agreed to bring a statement forward to the next LRC meeting on March 19th that incorporates what was learned at NLC. Adjourned at 4:05 PM HB18-1008 Mussel-free Colorado Act Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors: D. Esgar | J. Arndt / K. Donovan | D. Coram Summary: Water Resources Review Committee. Section 3 of the bill updates a legislative declaration concerning aquatic nuisance species to encourage the federal government to dedicate sufficient funding and resources to the detection, prevention, control, and eradication of aquatic nuisance species for federally owned or managed aquatic resources and water infrastructure in Colorado. Section 4 defines 'motorboat' and 'sailboat'. Section 5 authorizes the division of parks and wildlife (division) to seek reimbursement from a conveyance owner (i.e., motor vehicles, trailers, and watercraft) for the storage and decontamination of a conveyance that has been impounded and quarantined due to the suspected presence of an aquatic nuisance species. Section 6 requires an in-state resident registering a motorboat or sailboat in Colorado for use on or after January 1, 2019, to pay a $25 fee for an aquatic nuisance species stamp in addition to the watercraft registration fee. A nonresident using a motorboat or sailboat in waters of the state on or after January 1, 2019, is required to pay a $50 fee for an aquatic nuisance species stamp. Section 7 increases penalties related to aquatic nuisance species and creates new penalties for failing to purchase an aquatic nuisance species stamp; failing to comply with a qualified peace officer's or an authorized agent's request to stop, detain, and inspect a vessel; and launching a vessel without first obtaining a vessel inspection at an aquatic nuisance species check station. Section 8 combines the division of parks and outdoor recreation aquatic nuisance species fund and the division of wildlife aquatic nuisance species fund into a single fund: The division of parks and wildlife aquatic Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 1 of 43 3/15/2018, 8:09 AM nuisance species fund. Sections 1, 2, 9, and 10 make conforming amendments. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 3/8/2018 Senate Committee on Finance Refer Amended to Appropriations Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position Strongly Support: Fri, March 02, 2018, by mzoccali@fcgov.com (02-Mar-18) The City of Fort Collins strongly supports the existence of the State ANS program. An invasion of zebra or quagga mussels could be devastating to the water quality in Horsetooth Reservoir and the integrity of our outlet structure that supplies water to our treatment plants, which would negatively impact the City’s ability to treat and deliver drinking water to customers. This issue may potentially effect other City reservoirs. The City of Fort Collins supports a sustainable funding source for the program so it can continue to protect our source waters, as there is no alternative program or mechanism on which we can rely. Q2: Alignment with City Legislative Policy Agenda or other adopted policies Strongly Support: Fri, March 02, 2018, by mzoccali@fcgov.com (02-Mar-18) This bill aligns with the City's 2018 Legislative Policy Agenda: "Supports expanding the authority delegated to the state to administer federally mandated water, stormwater and wastewater environmental regulatory programs; Supports reasonable water quality regulations that are cost effective and can show identifiable benefits; and Opposes unfunded mandates.” Q3: Lobbyist Comment: N/A: Mon, March 05, 2018, by jennifer.cassell@gmail.com (05-Mar-18) This is a Department of Natural Resources agenda bill and came out of the Water Resource Review Interim Committee. The bill is a funding mechanism for DNR. Only opposition heard in House Ag Committee was that this bill doesn't go far enough in allowing DNR to solve the problem. It is in House Approps Cmte until the budget passes... it is expected to pass the full legislative process. Q3: Lobbyist Comment: N/A: Mon, March 05, 2018, by jennifer.cassell@gmail.com (05-Mar-18) Amend previous comment... the bill is through the House and awaiting a hearing the Senate. Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 2 of 43 3/15/2018, 8:09 AM Status History: Status History Analyze This: Comments HB18-1011 Marijuana Business Allow Publicly Traded Owners Comment: Position: Calendar Notification: Friday, March 16 2018 Appropriations 8:00 a.m. Room LSB-A (1) in house calendar. News: Sponsors: D. Pabon / T. Neville | C. Jahn Summary: The bill redefines the terms 'direct beneficial interest' and 'permitted economic interest' so that only those who own more than 5% of the shares of stock in a marijuana business have to go through the disclosure and background investigations. The bill repeals the provisions that require limited passive investors to go through an initial background check. The bill repeals the provisions that limit the number of out-of-state direct beneficial owners to 15 persons. The bill repeals the provision that prohibits publicly traded entities from holding a marijuana license. The bill states that, when the marijuana state licensing authority adopts rules related to ownership by and licensing of publicly traded companies, the rules must be substantively identical to the gaming commission rules for ownership by and licensing of publicly traded companies. (Note: This summary applies to this bill as introduced.) Status: 2/28/2018 House Committee on Finance Refer Amended to Appropriations Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position Oppose: Wed, March 14, 2018, by gyeager@fcgov.com (14-Mar-18) This is adverse to our interests and if passed, we would request an update to our ordinance to be more Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 3 of 43 3/15/2018, 8:09 AM restrictive and require background checks on all owners. Status History: Status History Analyze This: Comments HB18-1022 DOR Department Of Revenue Issue Sales Tax Request For Information Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors: L. Sias | T. Kraft-Tharp / C. Jahn | T. Neville Summary: Sales and Use Tax Simplification Task Force. The bill requires the department of revenue to issue a request for information for an electronic sales and use tax simplification system that the state or any local government that levies a sales or use tax, including a home rule municipality and county, could choose to use that would provide administrative simplification to the state and local sales and use tax system. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 3/1/2018 Governor Signed Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position No Effect: Fri, January 19, 2018, by mbeckstead@fcgov.com (19-Jan-18) No opinion Q2: Alignment with City Legislative Policy Agenda or other adopted policies No Effect: Fri, January 19, 2018, by mbeckstead@fcgov.com (19-Jan-18) No opinion Q3: Lobbyist Comment: Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 4 of 43 3/15/2018, 8:09 AM N/A: Wed, January 17, 2018, by jennifer.cassell@gmail.com (17-Jan-18) This is the bill that came out of the Sales and Use Tax Simplification Task Force that met this interim. The bill essentially directs DOR to issue an RFI for which DOR already has authority. CML believes that creating any new system would be very expensive, and thus not likely to happen. Q3: Lobbyist Comment: No Effect: Fri, January 19, 2018, by mbeckstead@fcgov.com (19-Jan-18) No opinion Q3: Lobbyist Comment: N/A: Fri, January 19, 2018, by jennifer.cassell@gmail.com (19-Jan-18) The bill does not have any opposition and is likely to pass. Status History: Status History Analyze This: Comments HB18-1037 Concealed Handguns On School Grounds Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors: P. Neville / T. Neville Summary: With certain exceptions, current law limits the authority of a person who holds a valid permit to carry a concealed handgun by prohibiting a permit holder from carrying a concealed handgun on public elementary, middle, junior high, or high school grounds. The bill removes this limitation. (Note: This summary applies to this bill as introduced.) Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 5 of 43 3/15/2018, 8:09 AM Status: 2/21/2018 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position Neutral: Wed, March 14, 2018, by gyeager@fcgov.com (14-Mar-18) Lawfully carried handguns are not the concern for our officers at educational institutions. Q2: Alignment with City Legislative Policy Agenda or other adopted policies Neutral: Wed, March 14, 2018, by gyeager@fcgov.com (14-Mar-18) The police department and school district cooperatively utilize School Resource Officers and school security officers for campus safety. Status History: Status History Analyze This: Comments HB18-1067 Right To Rest Act Comment: Position: Oppose Calendar Notification: NOT ON CALENDAR News: Sponsors: J. Melton | J. Salazar Summary: The bill creates the 'Colorado Right to Rest Act', which establishes basic rights for persons experiencing homelessness, including, but not limited to, the right to use and move freely in public spaces, to rest in public spaces, to eat or accept food in any public space where food is not prohibited, to occupy a legally parked vehicle, and to have a reasonable expectation of privacy of one's property. The bill does not create an obligation for a provider of services for persons experiencing homelessness to provide shelter or services when none are available. (Note: This summary applies to this bill as introduced.) Status: 1/10/2018 Introduced In House - Assigned to Local Government Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 6 of 43 3/15/2018, 8:09 AM Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position Oppose: Mon, January 22, 2018, by gyeager@fcgov.com (22-Jan-18) This law would completely remove our ability to control behavior on public property. There is no official identification of homeless people, so anyone would be able to camp on public land. Downtown parks would become camping areas for homeless/ transient and traveling people. This further impacts our ability to be responsive to our business community’s concerns about disruptive behaviors on the sidewalks in front of businesses. There is no “survival” reason that any person needs to rest on the sidewalk in the business district. There are serious sanitary issues involved when people camp in areas that are not equipped to this type of activity. There is a growing population of criminal transients who victimize the citizens of our community. Several homicides last year were committed by homeless/ transient individuals. This bill would make the State of Colorado even more attractive to these criminal elements. Allowing sleeping in cars in residential areas may increase calls for service, decrease perceptions of safety, and create sanitary issues where trash and human waste are concerned. There are numerous other public and private locations/camping facilities designated for such activity. Q3: Lobbyist Comment: N/A: Fri, January 19, 2018, by jennifer.cassell@gmail.com (19-Jan-18) This bill has been attempted for multiple years and usually does not pass out of its first committee. CML, municipalities, counties, and others will oppose the bill. Status History: Status History Analyze This: Comments HB18-1071 Regulate Oil Gas Operations Protect Public Safety Comment: Position: Support Calendar Notification: NOT ON CALENDAR News: Fracking bills die predictable deaths in Colorado’s House and Senate New report provides facts to activist health concerns on oil and gas developments Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 7 of 43 3/15/2018, 8:09 AM Sponsors: J. Salazar / D. Moreno Summary: Current law declares that it is in the public interest to '[f]oster the responsible, balanced development, production, and utilization of the natural resources of oil and gas in the state of Colorado in a manner consistent with protection of public health, safety, and welfare, including protection of the environment and wildlife resources'. The Colorado court of appeals, in Martinez v. Colo. Oil & Gas Conservation Comm'n , 2017 COA 37, has construed this language to mean that oil and gas development is not balanced with the protection of public health, safety, and welfare, including protection of the environment and wildlife resources. Rather, that development must occur in a manner consistent with such protection. The bill codifies the result reached in Martinez . (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 3/7/2018 Senate Committee on Agriculture, Natural Resources, & Energy Postpone Indefinitely Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position Support: Wed, January 31, 2018, by reverette@fcgov.com (31-Jan-18) The mission of the Colorado Oil and Gas Conservation Commission (COGCC) is to foster the responsible development of Colorado’s oil and gas natural resources. While there is very little development within the City of Fort Collins and the Growth Management Area, it has been demonstrated that transported emissions from oil and gas operations outside of City limits contribute to local ozone formation. While this bill does not appear to give the City any more authority over oil and gas siting or operations, the City supports the interpretation that development should occur in a manner consistent with protection of public health, safety and welfare; rather than balancing these protections with development interests. This bill is not expected to have an impact on existing operations within City limits, though it could influence new permits or operations in the future. Q2: Alignment with City Legislative Policy Agenda or other adopted policies Support: Wed, January 31, 2018, by reverette@fcgov.com (31-Jan-18) The City Legislative Policy Agenda, under Air Quality – Environmental Health, states that the City supports programs and policies that improve public health and air quality, and support rapid attainment of National Ambient Air Quality Standards (NAAQS). Currently, the City does not meet NAAQS for ozone, in part because of regional contributions of emissions from oil and gas sources. Clarity that development must occur in a manner consistent with protection of public health may increase considerations of emissions and other environmental impacts from regional exploration and development activities, in line with the City of Fort Collins’ priorities. In addition, the vision and policies in City Plan support the protection of air and water quality as well as responsible Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 8 of 43 3/15/2018, 8:09 AM stewardship of open lands, wildlife habitat and other natural resources. The 2016 Strategic Plan further specifies that the City should promote, protect and enhance a healthy and sustainable environment, which includes a focus on improving outdoor air quality, protecting water supply, decreasing reliance on fossil fuels, and protecting ecological features. Status History: Status History Analyze This: Comments HB18-1073 Water District Ability Contract Water Assets Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors: M. Gray / B. Gardner Summary: The bill authorizes water districts, including water activity enterprises, to enter into contracts for water and the capacity in works and allows the contracts to be based on municipalities' authority to contract for water and sewer facilities. It also specifies that water conservancy districts' contracts can be for municipal and industrial use by the recipient of the water. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 3/8/2018 Senate Third Reading Passed - No Amendments Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position Monitor: Tue, February 13, 2018, by Cwebb@fcgov.com (13-Feb-18) This bill clarifies Northern Water's authority to contract for use of capacity in various works (reservoirs, pipelines, etc.) as opposed to contracting for the the use of the water itself. This clarification aligns Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 9 of 43 3/15/2018, 8:09 AM with past practice as Northern has contracted for use of such projects, including with the City (e.g. the Pleasant Valley Pipeline). Q2: Alignment with City Legislative Policy Agenda or other adopted policies Monitor: Tue, February 13, 2018, by Cwebb@fcgov.com (13-Feb-18) I believe this supports the Legislative Policy as such projects may allow the City to effectively utilize it's water rights. Q3: Lobbyist Comment: N/A: Sun, February 11, 2018, by jennifer.cassell@gmail.com (11-Feb-18) This bill is coming from Northern Water as a technical bonding cleanup that affects the Windy Gap Firming project. Status History: Status History Analyze This: Comments HB18-1076 Peace Officers Standards and Training Board Revoke Certification For Untruthful Statement Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors: J. Salazar Summary: The bill requires the peace officers standards and training board (P.O.S.T. board), which certifies peace officers, to revoke the certification of a peace officer if: * The P.O.S.T. board receives notification from a law enforcement agency that employs or employed the peace Capital letters or bold & italic numbers indicate new material to be added to existing statute. officer that the peace officer made an untruthful statement or omitted a material fact on an official law enforcement document or while testifying at an official judicial proceeding or during an internal affairs investigation; and Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 10 of 43 3/15/2018, 8:09 AM * Either the law enforcement agency or a panel of the P.O.S.T. board reached a determination on the matter after completing an administrative process. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 24-31-305, add (2.5)2 as follows:3 24-31-305. Certification - issuance - renewal - revocation -4 report. (2.5) (a) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (2)5 OF THIS SECTION, THE P.O.S.T. BOARD SHALL REVOKE A CERTIFICATION6 ISSUED TO A PERSON PURSUANT TO SUBSECTION (1) OR (1.3) OF THIS7 SECTION OR SECTION 24-31-308 IF:8 (I) THE P.O.S.T. BOARD RECEIVES NOTIFICATION FROM A LAW9 ENFORCEMENT AGENCY THAT EMPLOYS OR EMPLOYED THE PERSON THAT10 THE PERSON MADE AN UNTRUTHFUL STATEMENT OR OMITTED A MATERIAL11 FACT ON AN OFFICIAL LAW ENFORCEMENT DOCUMENT OR WHILE12 TESTIFYING AT AN OFFICIAL JUDICIAL PROCEEDING OR DURING AN13 INTERNAL AFFAIRS INVESTIGATION; AND14 (II) EITHER THE LAW ENFORCEMENT AGENCY OR A PANEL OF THE15 P.O.S.T. BOARD DETERMINED THAT THE PERSON MADE SUCH A16 STATEMENT OR OMISSION AFTER COMPLETING AN ADMINISTRATIVE17 PROCESS THAT IS DEFINED BY A POLICY OF THE LAW ENFORCEMENT18 AGENCY OR P.O.S.T. BOARD.19 (b) FOR THE PURPOSES OF SUBSECTION (2.5)(a) OF THIS SECTION,20 THE ATTORNEY GENERAL, AS MAY BE REQUIRED, MAY APPOINT A21 THREE-MEMBER PANEL FROM AMONG THE MEMBERS OF THE P.O.S.T.22 BOARD TO MAKE THE DETERMINATION REQUIRED BY SUBSECTION1 (2.5)(a)(II) OF THIS SECTION.2 (c) A PERSON WHOSE P.O.S.T. CERTIFICATION IS REVOKED3 PURSUANT TO THIS SUBSECTION (2.5) MAY APPEAL THE REVOCATION IN4 ACCORDANCE WITH RULES OF THE P.O.S.T. BOARD CONCERNING APPEALS5 OF BOARD RULINGS.6 SECTION 2. Act subject to petition - effective date. This act7 takes effect at 12:01 a.m. on the day following the expiration of the8 ninety-day period after final adjournment of the general assembly (August9 8, 2018, if adjournment sine die is on May 9, 2018); except that, if a10 referendum petition is filed pursuant to section 1 (3) of article V of the11 state constitution against this act or an item, section, or part of this act12 within such period, then the act, item, section, or part will not take effect13 unless approved by the people at the general election to be held in14 November 2018 and, in such case, will take effect on the date of the15 official declaration of the vote thereon by the governor.16 Status: 3/8/2018 House Committee on Judiciary Witness Testimony and/or Committee Discussion Only Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position Support: Mon, February 05, 2018, by gyeager@fcgov.com (05-Feb-18) Fort Collins Police Services supports this measure. The Agency already treats untruthfulness in connection with official duties as a termination offense. Status History: Status History Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 11 of 43 3/15/2018, 8:09 AM Analyze This: Comments HB18-1078 Court Programs For Veterans Comment: Position: Calendar Notification: Monday, March 19 2018 SENATE JUDICIARY COMMITTEE 1:30 PM SCR 352 (1) in senate calendar. News: Sponsors: L. Landgraf | T. Exum / B. Gardner Summary: At the first appearance of a defendant in court or upon arraignment, and before accepting a plea of guilty or nolo contendere, the court shall ascertain whether the defendant is currently serving in the United States armed forces or is a veteran of such forces. The court shall inform any such defendant that he or she may be entitled to receive mental health treatment, substance use disorder treatment, or other services as a veteran. Under current law, the chief judge of a judicial district may establish an appropriate program for the treatment of veterans and members of the military. The bill states that, in establishing any such program, the chief judge, in collaboration with the probation department, the district attorney, and the state public defender, shall establish program guidelines and eligibility criteria. The bill requires a court, in determining whether to issue an order to seal criminal records of a petitioner who has successfully completed a veterans treatment program, to consider such factor favorably in making the determination. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 3/12/2018 Introduced In Senate - Assigned to Judiciary Fiscal Notes Status: Fiscal impact for this bill Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 12 of 43 3/15/2018, 8:09 AM Analyze This Comments: Status History: Status History Analyze This: HB18-1089 No Monetary Conditions Of Bond For Misdemeanors Comment: Position: Oppose Calendar Notification: Tuesday, March 20 2018 THIRD READING OF BILLS - FINAL PASSAGE (1) in house calendar. News: Sponsors: A. Benavidez Summary: The bill states that, except in certain cases, a court shall not require a defendant arrested and charged for any misdemeanor, petty offense, or municipal code violation to post monetary bail as a condition of being discharged from custody. A defendant who is charged with an offense other than a felony may not be released from custody under his or her own recognizance until he or she signs and files with the clerk of the court or other designated person a written release agreement that includes certain promises. Current law requires any pretrial services program to be established pursuant to a plan formulated by a community advisory board created for such purpose and appointed by the chief judge of the judicial district. The bill makes this requirement merely permissible. The bill states that if a person is in custody and the court imposed a monetary condition of bond for release, and the person, after 5 days from the setting of the monetary condition of bond, remains in custody because he or she is unable to meet the monetary obligations of the bond, upon motion of the person, the court shall forthwith conduct a hearing to reconsider the monetary condition of the bond. (Note: This summary applies to this bill as introduced.) Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 13 of 43 3/15/2018, 8:09 AM Status: 3/14/2018 House Third Reading Laid Over to 03/20/2018 - No Amendments Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Status History: Status History Analyze This: HB18-1107 Prewire Residence For Electric Vehicle Charging Port Comment: Position: Calendar Notification: Tuesday, March 20 2018 SENATE TRANSPORTATION COMMITTEE 2:00 PM SCR 352 (1) in senate calendar. News: Sponsors: M. Weissman / K. Priola Summary: Under existing law, builders must offer a 'solar prewire' option to purchasers of certain newly constructed residences. The bill applies a similar requirement to facilitate the installation of electric vehicle charging systems by purchasers of new residences, both in traditional detached, single-family homes and also in buildings that contain owner-occupied condominium units. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 2/21/2018 Introduced In Senate - Assigned to Transportation Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position No Effect: Wed, February 14, 2018, by lex@fcgov.com (14-Feb-18) As discussed at the past LRC meeting, building codes were updated in Fort Collins in the adoption of Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 14 of 43 3/15/2018, 8:09 AM the 2015 codes to require EV charging in all new residential building. This policy would align with existing Fort Collins efforts but would not impact our policies, as they are already established. Q2: Alignment with City Legislative Policy Agenda or other adopted policies Support: Wed, February 14, 2018, by lex@fcgov.com (14-Feb-18) There is a recognition that widespread action will be needed to achieve climate goals outlined in the LPA. This policy only requires that builders offer the option, not that it is required. Having prewiring in homes would remove at least one of the barriers to EV adoption, and ensuring the option is available to homeowners aligns with existing goals. Q3: Lobbyist Comment: N/A: Sun, February 11, 2018, by jennifer.cassell@gmail.com (11-Feb-18) This bill places a requirement on home builders, and as such the Homebuilders Association is opposing. If the bill gets out of the House, it will have a tough time in the Senate. Status History: Status History Analyze This: Comments HB18-1127 Residential Landlord Rental Application Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors: D. Jackson | C. Kennedy / S. Fenberg Summary: The bill: Limits the fee to cover a landlord's costs for a personal reference check or for obtaining a consumer credit report or tenant screening report; Requires a landlord to provide each prospective tenant with written notice of the landlord's tenant selection Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 15 of 43 3/15/2018, 8:09 AM criteria and the grounds upon which a rental application may be denied before accepting an application or collecting an application fee; and Requires a landlord to provide a prospective tenant with an adverse action notice if the landlord takes adverse action on a prospective tenant after reviewing the prospective tenant's rental application. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 3/14/2018 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position Neutral: Thu, February 08, 2018, by hmatson@fcgov.com (08-Feb-18) We don't forsee any complication to our work with these recommended changes. We are currently doing most of this already. We have one area where we need to make a change. We think this will be easy for us to accomplish. Q3: Lobbyist Comment: N/A: Thu, February 01, 2018, by jennifer.cassell@gmail.com (01-Feb-18) This is one of at least three bills that have been introduced aimed at providing more protections to renters. This has been a topic of conversation at the Capitol, but it is unlikely that all of these bills will pass. Status History: Status History Analyze This: Comments HB18-1128 Protections For Consumer Data Privacy Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors: C. Wist | J. Bridges / K. Lambert | L. Court Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 16 of 43 3/15/2018, 8:09 AM Summary: Except for conduct in compliance with applicable federal, state, or local law, the bill requires public and private entities in Colorado that maintain paper or electronic documents (documents) that contain personal identifying information (personal information) to develop and maintain a written policy for the destruction and proper disposal of those documents. Entities that maintain, own, or license personal information, including those that use a nonaffiliated third party as a service provider, shall implement and maintain reasonable security procedures for the personal information. The notification laws governing disclosure of unauthorized acquisitions of unencrypted and encrypted computerized data are expanded to specify who must be notified following such unauthorized acquisition and what must be included in such notification. (Note: This summary applies to this bill as introduced.) Status: 2/14/2018 House Committee on State, Veterans, & Military Affairs Refer Amended to Appropriations Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position Support: Thu, March 01, 2018, by dcoldiron@fcgov.com (01-Mar-18) This will likely require the adjustment or creation of certain internal policies at the City of Fort Collins to ensure an aligned compliance. However, The appropraite security of PII managed by the City is of significant importance and these are reasonable expectations Q2: Alignment with City Legislative Policy Agenda or other adopted policies Support: Thu, March 01, 2018, by dcoldiron@fcgov.com (01-Mar-18) This simply mandates policies that are reasonable for the protection of citizen PII that is managed by the City. Q3: Lobbyist Comment: Support: Thu, March 01, 2018, by dcoldiron@fcgov.com (01-Mar-18) Slightly concerned by ambiguity in the wording/requirements ( see: “no longer needed”, “reasonable security measures”, “reasonable security procedures and practices”, reasonably designed”). These phrases leave a great deal of opportunity for a broad interpretation. Q3: Lobbyist Comment: N/A: Mon, March 05, 2018, by jennifer.cassell@gmail.com (05-Mar-18) This bill was introduced as a result of the Equifax breach. The bill has had various stakeholder input, and is probably in the best place it can be. Municipalities were purposely included, and unlikely they will be amended out. CML is neutral. Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 17 of 43 3/15/2018, 8:09 AM Status History: Status History Analyze This: Comments HB18-1190 Modify Job Creation Main Street Revitalization Act Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors: D. Esgar | H. McKean / J. Tate | L. Garcia Summary: The bill makes the following modifications to the existing 'Colorado Job Creation and Main Street Revitalization Act': Adds a definition of a key term and streamlines and clarifies existing definitions; Adds subheadings to subsections to promote greater clarity; Extends the last income tax year for which the tax credit is available from 2019 to 2029; Separates subsections dealing solely with residential structures from subsections dealing solely with commercial structures to promote greater clarity; Under the existing tax credit, the amount of the tax credit, measured by a percentage of the actual qualified rehabilitation expenditures, is increased when the historic structure, whether commercial or residential, is located in a disaster area. The bill also increases the amount of the tax credit when the structure is located in a rural community. The bill prohibits a taxpayer from claiming the benefits offered for a structure in a disaster area or in a rural community. Authorizes the state historical society to promulgate rules as necessary to facilitate the certification of qualified residential structures; In connection with the reservation of tax credits for qualified commercial structures, changes the existing requirements under which the Colorado office of economic opportunity (office) uses a lottery process to determine the order in which it will review applications and plans received on the same day to a process under Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 18 of 43 3/15/2018, 8:09 AM which the office must date and timestamp each application and review a plan and application on the basis of the order in which such documents were submitted; Streamlines procedures the owner of a qualified commercial structure is to follow upon the completion of rehabilitation of the structure to obtain a tax credit certificate; For income tax years commencing on or after January 1, 2020 but prior to January 1, 2030, maintains the aggregate limit on the amount of a tax credit certificate issued for any one qualified commercial structure at $1 million as for the 2016 through 2019 tax years; For qualified commercial structures, regardless of the amount of estimated qualified rehabilitation expenditures, the bill maintains the aggregate amount of all tax credits that may be reserved for each of the 2020 through 2029 calendar years in the same amount as for the 2017 through 2019 tax years, at $10 million, but specifies that the aggregate reservation amount must be equally split between large and small projects; Deletes existing provisions specifying the aggregate amount of tax credits that may be issued for particular income tax years; Deletes a reporting requirement that is part of existing law; and Clarifies that certain requirements found in existing law are intended to apply only to tax credits issued for qualified commercial structures. (Note: This summary applies to this bill as introduced.) Status: 2/28/2018 House Committee on Finance Refer Amended to Appropriations Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position Strongly Support: Wed, February 14, 2018, by Tleeson@fcgov.com (14-Feb-18) The “Colorado Job Creation and Main Street Revitalization Act” (HB 1190) provides tax credits for historic rehabilitation projects. The credit applies for work on both the interior and exterior of properties that are at least 50 years old and are locally designated by a Certified Local Government (CLG), or listed on the National Register of Historic Places or State Register of Historic Properties. Fort Collins has benefitted greatly from the State Tax Credit program: • Just under 1000 Fort Collins properties currently qualify for the program. • In the past five years, Fort Collins properties have completed $1,759,119.00 in qualified rehabilitation expenditures, and have received $360,664.00 in credits. • An average of two Fort Collins properties complete tax credit projects each year Q3: Lobbyist Comment: N/A: Sun, February 11, 2018, by jennifer.cassell@gmail.com (11-Feb-18) This bill extends the Historic Preservation Tax Credit created in 2014 from 2019 until 2029. The amount of the tax credit is increased if it is in a disaster or rural area. The tax credit can be used for commercial or Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 19 of 43 3/15/2018, 8:09 AM residential preservation. Status History: Status History Analyze This: Comments HB18-1191 Local Government Alter Speed Limits Comment: Position: Calendar Notification: Friday, March 16 2018 GENERAL ORDERS - SECOND READING OF BILLS (1) in senate calendar. News: Sponsors: F. Winter / B. Martinez Humenik | J. Kefalas Summary: Current law requires county and municipal authorities (authorities) to conduct a traffic investigation or survey before increasing or decreasing the speed limits within the authority's jurisdiction. The bill allows the authority to also consider the following factors: Road characteristics; Current and future development; Environmental factors; Parking practices; Pedestrian and bicycle activity in the vicinity; and Crash statistics from the most recent year. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 3/13/2018 Senate Committee on Local Government Refer Unamended to Senate Committee of the Whole Fiscal Notes Status: Fiscal impact for this bill Analyze This Q1: Staff comment: Impact on City operations and rationale for position Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 20 of 43 3/15/2018, 8:09 AM Comments: Amend: Wed, February 28, 2018, by jolson@fcgov.com (28-Feb-18) As per CRS 42-4-104 the State Transportation Commission has adopted the Federal Manual on Uniform Traffic Control Devices (MUTCD) and a State Supplement thereto as the official State Manual for a uniform system of traffic control devices. CRS 42-4-1102 requires authorities to determine speed limits upon the basis of a traffic investigation or survey. The MUTCD provides language that describes what such an investigation should entail including a consideration of road characteristics, roadside development and environment, parking practices and pedestrian activity, and the reported crash experience for at least a 12-month period. That being the case similar language, as proposed in HB 18-1191, seems redundant and unnecessary. However, if it is deemed desirable to include the language in the CRS I would suggest changing “CRASH STATISTICS FROM THE MOST RECENT YEAR” to “CRASH STATISTICS FROM THE MOST RECENT 12-MONTH PERIOD FOR WHICH DATA IS AVAILABLE.” Note not all agencies including the State Highway Department have access to crash data from the most recent year. Using data from the most recent 12-month period for which data is available will make it possible for agencies to comply. Q3: Lobbyist Comment: N/A: Mon, February 26, 2018, by jennifer.cassell@gmail.com (26-Feb-18) This bill is an initiative coming out of Summit County, and being led by CCI. It has bipartisan support. Status History: Status History Analyze This: Comments HB18-1258 Marijuana Accessory Consumption Establishments Comment: Position: Calendar Notification: Monday, March 19 2018 Finance 1:30 p.m. Room LSB-A (6) in house calendar. News: Bill licensing marijuana “tasting rooms” introduced in Colorado legislature Sponsors: J. Singer | J. Melton / T. Neville | S. Fenberg Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 21 of 43 3/15/2018, 8:09 AM Summary: The bill authorizes each licensed medical marijuana center or retail marijuana store to establish one medical or retail marijuana accessory consumption establishment (establishment) that may sell marijuana, marijuana concentrate, and marijuana-infused products for consumption, other than smoking, at the establishment. The bill contains requirements for obtaining endorsements, authorizing an establishment, and required actions and prohibited actions for persons operating an establishment. (Note: This summary applies to this bill as introduced.) Status: 2/26/2018 Introduced In House - Assigned to Finance Fiscal Notes Status: Fiscal note currently unavailable Analyze This Comments: Status History: Status History Analyze This: HB18-1270 Public Utilities Commission Evaluation Of Energy Storage Systems Comment: Position: Calendar Notification: Thursday, March 22 2018 House Transportation & Energy Upon Adjournment Room 0112 (1) in house calendar. News: Sponsors: C. Hansen | J. Becker / J. Tate Summary: The bill directs the public utilities commission to adopt rules establishing mechanisms for the procurement of energy storage systems by investor-owned electric utilities, based on an analysis of costs and benefits as well as factors such as grid reliability and a reduction in the need for additional peak generation or transmission capacity. The information supplied by the utilities must include appropriate data and must specify interconnection points to enable independent evaluation. Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 22 of 43 3/15/2018, 8:09 AM (Note: This summary applies to this bill as introduced.) Status: 3/6/2018 Introduced In House - Assigned to Transportation & Energy Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position Monitor: Mon, March 12, 2018, by lrosintoski@fcgov.com (12-Mar-18) No impact as bill applies to Investor Owned Utilities through Public Utilities Commission. Q2: Alignment with City Legislative Policy Agenda or other adopted policies Monitor: Mon, March 12, 2018, by lrosintoski@fcgov.com (12-Mar-18) Analysis could provide cost and reliability benefits on Utilities and Platte River's transmission and distribution systems. Status History: Status History Analyze This: Comments HB18-1271 Public Utilities Commission Electric Utilities Economic Development Rates Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors: M. Gray | Y. Willett / J. Tate Summary: The bill allows the public utilities commission to approve, and electric utilities to charge, economic development rates, which are lower rates for commercial and industrial users who locate or expand their operations in Colorado so as to increase the demand by at least 3 megawatts. To qualify for the economic development rates, these users must demonstrate that the cost of electricity is a critical consideration in their decision where to locate or expand their business and that the availability of lower rates is a substantial factor. The rates may be offered for up to 10 Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 23 of 43 3/15/2018, 8:09 AM years. The bill also authorizes the expansion of a voluntary renewable energy program or service offering as necessary to meet the needs of a commercial or industrial customer that makes a capital investment of $250 million or more, requires the expansion in order to remain as a customer of a utility, or is a new customer. Utilities that offer economic development rates shall not cross-subsidize the economic development rates by raising rates on other customers, and a utility bears the burden of proof on this issue in any proceeding before the commission. (Note: This summary applies to this bill as introduced.) Status: 3/6/2018 Introduced In House - Assigned to Transportation & Energy Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position Monitor: Mon, March 12, 2018, by lrosintoski@fcgov.com (12-Mar-18) As a municipal City Council is the regulatory body that approves utility rates therefore legislation does not apply. Q2: Alignment with City Legislative Policy Agenda or other adopted policies Monitor: Mon, March 12, 2018, by lrosintoski@fcgov.com (12-Mar-18) Learning from this legislation the role a utility can manage towards economic development rates, that includes expansion of a voluntary renewable energy program or service offering, will be valuable as part of the Economic Health outcome area. Also this legislation stresses "Utilities that offer economic development rates shall not cross-subsidize the economic development rates by raising rates on other customers..." Status History: Status History Analyze This: Comments HB18-1274 Reduce Greenhouse Gas Emissions by 2050 Comment: Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 24 of 43 3/15/2018, 8:09 AM Position: Calendar Notification: Wednesday, March 21 2018 House Transportation & Energy 1:30 p.m. Room 0112 (2) in house calendar. News: Sponsors: K. Becker | J. Bridges / A. Kerr Summary: The bill requires that, by the year 2050, statewide greenhouse gas emissions be reduced by at least 80% of the levels of greenhouse gas emissions that existed in the year 2005. (Note: This summary applies to this bill as introduced.) Status: 3/7/2018 Introduced In House - Assigned to Transportation & Energy Fiscal Notes Status: Fiscal note currently unavailable Analyze This Comments: Status History: Status History Analyze This: SB18-001 Transportation Infrastructure Funding Comment: Position: Calendar Notification: Thursday, March 15 2018 GENERAL ORDERS - SECOND READING OF BILLS (1) in senate calendar. News: Sponsors: R. Baumgardner | J. Cooke / P. Buck Summary: In 1999, the voters of the state authorized the executive director of the department of transportation (executive Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 25 of 43 3/15/2018, 8:09 AM director) to issue transportation revenue anticipation notes (TRANs) in a maximum principal amount of $1.7 billion and with a maximum repayment cost of $2.3 billion in order to provide financing to accelerate the construction of qualified federal aid transportation projects. The executive director issued the TRANs as authorized, and the TRANs have been fully repaid. Section 8 of the bill requires the transportation commission (commission) to submit a ballot question to the voters of the state at the November 2018 statewide election, which, if approved: Would authorize the executive director to issue additional TRANs in a maximum principal amount of $3.5 billion and with a maximum repayment cost of $5 billion; and Would, in conjunction with sections 3, 4, and 7, repeal current law, enacted by Senate Bill 17-267, that requires the state treasurer to execute lease-purchase agreements of up to $1.88 billion for the purpose of funding high-priority qualified federal aid transportation projects. The additional TRANs must have a maximum repayment term of 20 years, and the certificate, trust indenture, or other instrument authorizing their issuance must provide that the state may pay them in full before the end of the specified payment term without penalty. Additional TRANs must otherwise generally be issued subject to the same requirements and for the same purposes as the original TRANs; except that the commission must pledge to annually allocate from legally available money under its control any money needed for payment of the notes until the notes are fully repaid. Section 9 requires TRANs proceeds not otherwise pledged for TRANs payments to be credited to the state highway fund. On and after July 1, 2018, section 5 requires 10% of state sales and use tax net revenue to be credited to the state highway fund and used first to make TRANs payments. Section 6 specifies that state sales and use tax net revenue credited to the state highway fund that is not expended to make TRANs payments and TRANs net proceeds credited to the state highway fund must be used only for qualified federal aid transportation projects that are included in the strategic transportation project investment program of the department of transportation (CDOT) and designated for tier 1 funding as 10-year development program projects on CDOT's development program project list. At least 25% of the TRANs net proceeds must be used for projects in counties with populations of 50,000 or less and at least 10% of the TRANs net proceeds must be used for transit purposes or transit-related capital improvements. Section 7 requires CDOT to include specified information about the state sales and use tax net revenue and TRANs net proceeds in its annual report to the senate transportation committee and the house transportation and energy committee. (Note: This summary applies to this bill as introduced.) Status: 3/14/2018 Senate Second Reading Laid Over Daily with Amendments - Committee, Floor Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 26 of 43 3/15/2018, 8:09 AM Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position Actively Monitor: Mon, January 22, 2018, by Mjackson@fcgov.com (22-Jan-18) This is the opening proposal from the Republicans as to how to address the State's transportation infrastructure needs. It is similar in many ways to some legislation proposed last year, and there are many provisions for many people. This includes a mandatory set aside for transit, as well as for rural counties less than 50,000 in population. It also mandates monies from the GF be set aside for transportation. The rub will be what has to happen to pay for the investment. The bill specifies no new taxes or revenue sources, so the monies may have to come from cuts elsewhere. The legislature may be reacting as well to the increase in state revenues as a result of the new federal tax plan. This will likely evolve into a conversation about how to pay for transportation needs without sacrificing higher education or other important priorities to the legislature. It will be an interesting debate for sure. Q2: Alignment with City Legislative Policy Agenda or other adopted policies Support: Mon, January 22, 2018, by Mjackson@fcgov.com (22-Jan-18) Legislation to increase and provide for an ongoing, sustainable funding source for transportation infrastructure directly supports City Council priorities (as of 2017), and relates to our strategic commitment to Transportation. This bill also provides for transit funding which can benefit the City and NoCo region. Q3: Lobbyist Comment: N/A: Fri, January 19, 2018, by jennifer.cassell@gmail.com (19-Jan-18) This bill will have a hard time in the House. However, we are hearing that there may be a negotiation on transportation in the works - a bill may be introduced that would use some existing general fund (mainly new federal reform tax dollars) and create a mechanism for a new funding stream (sales tax, gas tax, etc.). Status History: Status History Analyze This: Comments SB18-003 Colorado Energy Office Comment: Position: Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 27 of 43 3/15/2018, 8:09 AM Calendar Notification: NOT ON CALENDAR News: Bipartisanship on energy? Thank Sen. Ray Scott Sponsors: R. Scott / C. Hansen | J. Becker Summary: Section 1 of the bill repeals the wind for schools grant program. Section 2 repeals the renewable energy and energy efficiency for schools loan program. Section 3 removes the Colorado energy office's (office) involvement with the forest service and the air quality control commission to support the increased use of woody biomass in bio-heating. Section 4 removes the office's involvement in grants with the Colorado energy research institute for the development of a central resource for building trade professionals. Section 5 : Specifies nuclear and hydroelectric power as a cleaner energy source that the office should promote; Adds energy storage systems as items that the office should promote; Adds propane as a traditional energy source that the office should promote; Amends the office's requirement to develop and encourage increased utilization of energy curricula, and expands the collaborative groups to include the energy industry and executive departments; and Repeals certain programs for which the office is responsible. Section 6 renames the clean and renewable energy fund as the energy fund and adds the authority to spend the money in the fund for educating the general public on energy issues and opportunities. Section 7 removes the requirement that the funds used in the innovative energy fund for grants or loans shall be limited to innovative energy efficiency projects and policy development. Section 8 repeals the office's authority to submit a proposal for credentialing photovoltaic installers. Section 9 repeals the green building incentive pilot program. Section 10 repeals the 'Colorado Clean Energy Finance Program Act'. Section 11 removes the office's responsibility to maintain a list of solar installers and instead requires the Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 28 of 43 3/15/2018, 8:09 AM list to be maintained by the Colorado solar energy industries association, or a successor organization, and removes the requirement for the office to offer training on solar installations. Section 12 removes an obsolete section of law pertaining to a computer system for tracking the movement of gasoline or special fuel in the state. Section 13 removes the office as the administrator of the Colorado carbon fund special license plate. Section 14 makes conforming amendments. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 2/27/2018 Introduced In House - Assigned to Transportation & Energy Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position Monitor: Mon, January 22, 2018, by jphelan@fcgov.com (22-Jan-18) Generally negative effect on the breadth of scope for the Colorado Energy Office. Potentially negative effect on potential program interactions from Fort Collins Utilities. Likely negative effect on energy efficiency and renewable energy options for Poudre School District, one of Fort Collins key accounts. Q2: Alignment with City Legislative Policy Agenda or other adopted policies Monitor: Mon, January 22, 2018, by jphelan@fcgov.com (22-Jan-18) Not aligned with Energy Policy. Q3: Lobbyist Comment: N/A: Thu, January 18, 2018, by jennifer.cassell@gmail.com (18-Jan-18) The CEO supports the bill and Colorado Conservation is neutral. The bill passed out of Senate Ag Committee on 1/18 on a 9-2 vote. The two Senators who voted no did so because of their concerns with nuclear energy. A substantial amendment passed that requires the CEO to go to the JBC each year to request appropriations rather than allow 4 year funding cycles. Status History: Status History Analyze This: Comments Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 29 of 43 3/15/2018, 8:09 AM SB18-007 Affordable Housing Tax Credit Comment: Position: Calendar Notification: Monday, March 19 2018 Finance 1:30 p.m. Room LSB-A (1) in house calendar. News: Sponsors: J. Tate | L. Guzman / C. Duran | J. Becker Summary: The bill changes the name of the existing low-income housing tax credit to the affordable housing tax credit. This change is reflected in sections 1 and 3 of the bill. Section 2 extends the period during which the Colorado housing and finance authority may allocate affordable housing tax credits from December 31, 2019, to December 31, 2024. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 2/23/2018 Introduced In House - Assigned to Finance Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position Strongly Support: Wed, January 17, 2018, by sbeckferkiss@fcgov.com (17-Jan-18) More important then the name change, this bill extends State tax credits for another 5 years. The State tax credit pairs with federal tax credits as an important funding source for new and rehabilitated rental housing for households making no more than 60 % AMI. Most of the new affordable rental projects currently under construction in Fort Collins are using tax credit financing. Q2: Alignment with City Legislative Policy Agenda or other adopted policies Strongly Support: Wed, January 17, 2018, by sbeckferkiss@fcgov.com (17-Jan-18) Tax credit financing will help the City increase inventory of affordable housing which is in alignment with City Plan, the City's Strategic Plan and the Affordable Housing Strategic Plan. Q3: Lobbyist Comment: N/A: Fri, January 19, 2018, by edbowditch@aol.com Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 30 of 43 3/15/2018, 8:09 AM (19-Jan-18) This is an extension of an existing tax credit, and has bipartisan sponsorship in both houses. Q3: Lobbyist Comment: N/A: Fri, January 19, 2018, by edbowditch@aol.com (19-Jan-18) This is an extension of an existing tax credit, and has bipartisan sponsorship in both houses. Status History: Status History Analyze This: Comments SB18-009 Allow Electric Utility Customers Install Energy Storage Equipment Comment: Position: Calendar Notification: NOT ON CALENDAR News: Colorado set to become first state to let homeowners store energy in batteries Sponsors: S. Fenberg | K. Priola / F. Winter | P. Lawrence Summary: The bill declares that consumers of electricity have a right to install, interconnect, and use energy storage systems on their property, and that this will enhance the reliability and efficiency of the electric grid, save money, and reduce the need for additional electric generation facilities. The bill directs the Colorado public utilities commission to adopt rules governing the installation, interconnection, and use of customer-sited energy storage systems. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 3/12/2018 Signed by the Speaker of the House Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position Monitor: Mon, January 22, 2018, by jphelan@fcgov.com Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 31 of 43 3/15/2018, 8:09 AM (22-Jan-18) Unlikely impact on Utilities operations. Bill includes exclusion for municipal utilities. Q2: Alignment with City Legislative Policy Agenda or other adopted policies Monitor: Mon, January 22, 2018, by jphelan@fcgov.com (22-Jan-18) Aligned with intent of Energy Policy. Status History: Status History Analyze This: Comments SB18-019 Expanded Duration For Colorado Water Resources And Power Development Authority Revolving Loans Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors: K. Donovan | D. Coram / C. Hansen | J. Arndt Summary: Water Resources Review Committee. Pursuant to the federal clean water act and the federal 'Safe Water Drinking Act', the Colorado water resources and power development authority (authority) makes loans under its water pollution control revolving fund and its drinking water revolving fund. Under state law, the duration of any water pollution control loan made by the authority must not exceed 20 years after project completion; however, the federal clean water act now allows for loans up to the lesser of 30 years or the projected useful life of the project, as determined by the state. The bill removes the 20-year limitation on water pollution control loans and authorizes the authority to make loans in compliance with the clean water act and the 'Safe Water Drinking Act'. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 3/1/2018 Governor Signed Fiscal Notes Status: Fiscal impact for this bill Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 32 of 43 3/15/2018, 8:09 AM Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position Support: Wed, January 24, 2018, by Cwebb@fcgov.com (24-Jan-18) These funds can be utilized by the City to fund water and wastewater projects. Providing a 30 year payback period would not have any negative impacts on the City and would most likely help smaller communities fund needed water and wastewater infrastructure projects. Q2: Alignment with City Legislative Policy Agenda or other adopted policies Support: Wed, January 24, 2018, by Cwebb@fcgov.com (24-Jan-18) Aligns with ensuring stable utility rates and with appropriately managing assets. Status History: Status History Analyze This: Comments SB18-041 Authorize Water Use Incidental Sand And Gravel Mines Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors: D. Coram | R. Baumgardner / L. Saine | J. Arndt Summary: Water Resources Review Committee. Current law requires operators of sand and gravel open mines that expose groundwater to the atmosphere to obtain a well permit and either: A replacement plan approved by the ground water commission for designated groundwater; or a plan for augmentation approved by the water court or a plan of substitute supply approved by the state engineer for tributary groundwater. The bill specifies that the replacement plan (in section 1 of the bill) or the plan of substitute supply (in section 2 ) and the permit may authorize uses of water incidental to open mining for sand and gravel, including specifically (among other things) the mitigation of impacts from mining and dewatering. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 3/1/2018 Governor Signed Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 33 of 43 3/15/2018, 8:09 AM Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position Neutral: Tue, January 30, 2018, by Cwebb@fcgov.com (30-Jan-18) There is little to no impact on the Fort Collins Water Resources Division from this bill, which authorizes the State Engineer to approve uses of water incidental to mining operations in the well permits and substitute water supply plans. Q2: Alignment with City Legislative Policy Agenda or other adopted policies Neutral: Tue, January 30, 2018, by Cwebb@fcgov.com (30-Jan-18) This bill appears to align with the City's 2018 Legislative Policy Agenda by "Supports expanding the authority delegated to the state to administer federally mandated water, stormwater and wastewater environmental regulatory programs." Status History: Status History Analyze This: Comments SB18-047 Repeal Tax Credits Innovative Vehicles Comment: Position: Calendar Notification: Thursday, March 15 2018 GENERAL ORDERS - SECOND READING OF BILLS (CONTINUED) (2) in senate calendar. News: Sponsors: V. Marble / L. Saine 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, 2019. For the 2018-19 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. Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 34 of 43 3/15/2018, 8:09 AM (Note: This summary applies to this bill as introduced.) Status: 3/13/2018 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Status History: Status History Analyze This: Comments SB18-066 Extend Operation Of State Lottery Division Comment: Position: Support Calendar Notification: Monday, March 19 2018 Finance 1:30 p.m. Room LSB-A (3) in house calendar. News: Sponsors: J. Sonnenberg | L. Garcia / J. Arndt | C. Wist Summary: The bill extends the scheduled termination on July 1, 2024, of the state lottery division (division) in the department of revenue to July 1, 2049. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 2/23/2018 Introduced In House - Assigned to Finance Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Q3: Lobbyist Comment: N/A: Mon, January 29, 2018, by jennifer.cassell@gmail.com Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 35 of 43 3/15/2018, 8:09 AM (29-Jan-18) This bill extends the Lottery Division until 2039. Interesting enough it is the division itself that expires (the entity that administers the lottery) and not the actual lottery itself (that's enshrined in the constitution). GOCO does 5 year planning grants so they want to extend the sunset this year so they can have some long term assurance when they do their next set of five-year planning grants. Status History: Status History Analyze This: Comments SB18-084 Protection Minor Victims Of Human Trafficking Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors: J. Kefalas / L. Landgraf | P. Lundeen Summary: The bill establishes legislation to further protect minors who are victims of human trafficking of a minor for involuntary servitude and human trafficking of a minor for sexual servitude (minor who is a victim of human trafficking). The term 'sexually exploited minor' is clarified to include a person less than 18 years of age who has been a victim of human trafficking or has engaged in certain prostitution-related activities. A statutory presumption is established that any person who is less than 18 years of age who engages in conduct that would constitute prostitution if such person were an adult is presumed to be a minor who is a victim of human trafficking, and must be referred to the appropriate county department of human or social services for care and services. The bill makes conforming amendments. (Note: This summary applies to this bill as introduced.) Status: 2/15/2018 Senate Committee on Health & Human Services Refer Amended to Appropriations Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 36 of 43 3/15/2018, 8:09 AM Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position Support: Wed, March 14, 2018, by gyeager@fcgov.com (14-Mar-18) No negative impact on City operations yet holds positive affect for safety and recovery of juveniles. Q2: Alignment with City Legislative Policy Agenda or other adopted policies Support: Wed, March 14, 2018, by gyeager@fcgov.com (14-Mar-18) This in line with other policies for restorative programs. Status History: Status History Analyze This: Comments SB18-139 Statewide Regulation Of Products With Nicotine Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors: J. Cooke / J. Singer Summary: Sections 2 through 4 of the bill establish a licensure requirement for retailers who sell cigarettes, tobacco products, or nicotine products (products). Beginning January 1, 2019, it is illegal for any person doing business in the state to sell or offer for sale products without first obtaining a license as a retailer from the division of liquor enforcement in the department of revenue (division). A retailer with more than one location is required to have a separate license for each location. The division will establish the license application and is required to grant a license to an applicant if it meets the statutory requirements. There is no fee for a license and the license is valid until it is surrendered or revoked. A retailer is required to conspicuously display the license. Section 1 permits money that is appropriated to the division from the tobacco education programs fund to be used for the licensure of retailers, and it increases the required annual appropriation from the fund from $300,000 to $1 million. Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 37 of 43 3/15/2018, 8:09 AM Section 6 prohibits an entity from receiving a grant for tobacco education, prevention, and cessation if any money would be used to: Advocate for a local government to impose a license requirement, fee, or tax on a retailer or impose a tax on tobacco products in any manner; or Support a statewide ballot measure that would impose a local license requirement, fee, or tax on a retailer or impose any type of tax on cigarettes or tobacco products. An entity is likewise prohibited from using a grant award to supplant other money that is in turn used for these prohibited purposes. Any prior grant that was to be used for these prohibited purposes must instead be used for tobacco education, prevention, or cessation. Under current law, an amount equal to 27% of gross cigarette sales are distributed to cities and counties in the state, but to be eligible for this distribution a city and county must not impose a fee, license, or tax on any person as a condition for engaging in the business of selling cigarettes or impose a tax on cigarettes. Section 8 expands the condition for receiving state money to include the same prohibitions for other tobacco products and nicotine products and it establishes another condition that a local government must not ban any person from selling cigarettes, other tobacco products, or nicotine products for any period of time. (Note: This summary applies to this bill as introduced.) Status: 2/21/2018 Senate Committee on Business, Labor, & Technology Postpone Indefinitely Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position Oppose: Wed, February 14, 2018, by rrogers@fcgov.com (14-Feb-18) The bill will impact the City's ability to collect sales tax on non-cigarette tobacco products or reduce funding from the state and have a negative impact on City revenue. Q3: Lobbyist Comment: N/A: Sun, February 11, 2018, by jennifer.cassell@gmail.com (11-Feb-18) Local governments that separately regulate nicotine will no longer get a local share back from state revenue. CML opposes. Status History: Status History Analyze This: Comments Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 38 of 43 3/15/2018, 8:09 AM SB18-143 Parks And Wildlife Measures To Increase Revenue Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors: S. Fenberg | D. Coram / J. Arndt | J. Wilson Summary: Section 1 adds a nonstatutory short title. Section 2 of the bill makes legislative findings. Section 3 adds 'preference point' to the documents listed under the definition of 'license'. Sections 4 and 12 add 'sponsorships', 'contributions', and 'donations' to the list of money transfers that the parks and wildlife commission (commission) is authorized to receive and expend. Sections 5 and 9 change the name of the wildlife management public education advisory council to the wildlife council. Section 6 raises the amount of residential and nonresidential license fees, stamp fees, and surcharges for certain hunting and fishing activities. Section 6 also: Authorizes the commission to apply a consumer price index adjustment to hunting and fishing fees; establishes an annual residential youth fishing fee; and, together with section 7 , moves a reference to the state migratory waterfowl stamp fee amount. Section 7 also allows the division of parks and wildlife (division) to grant up to 25% of the money derived from sales of the state migratory waterfowl stamp to nonprofit organizations implementing the North American waterfowl management plan. Section 8 authorizes the commission to establish by rule a special licensing program for young adult hunters and anglers. Section 10 requires the division to prepare reports on increased licensing fees and to present the reports to the agricultural committees in the house of representatives and the senate. Section 11 removes the restriction on the commission's ability to raise or lower park fees and charges only Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 39 of 43 3/15/2018, 8:09 AM if the commission reasonably anticipates that the annual revenues from the fees and charges will not increase by more than 20% above the annual amount earned from fees and charges as they existed on July 1, 2011. Section 11 also establishes a maximum fee increase that the commission may impose by rule for park passes in any one year as a one-dollar increase for a daily park pass and a $10 increase for an annual park pass. Section 13 removes the $200,000 limitation on the amount that may be held in the stores revolving fund, which fund is maintained for acquiring stock for warehousing and distributing supplies for retail sales to visitors, and requires that the fund be continuously appropriated. Section 14 removes the $5 cap on the fee that the division may charge a person to replace a lost or destroyed pass or registration. The fee may be set by the commission by rule in an amount up to 50% of the cost of the original pass or registration. Section 15 removes a requirement that an aspen leaf annual park pass be affixed to the vehicle for which the pass was issued. Section 16 directs the commission to determine, by rule, how the columbine annual park pass will be displayed to enter a state park or recreation area. (Note: This summary applies to this bill as introduced.) Status: 3/13/2018 Senate Third Reading Passed - No Amendments Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position Strongly Support: Wed, February 14, 2018, by jstokes@fcgov.com (14-Feb-18) The City's LPA supports restoring CPW fees to at least 2005 levels. This bill increases hunting and fishing license fees and allows CPW to index the fees to the rate of inflation. This is much needed bill and will help CPW increase its effectiveness as a City of Fort Collins partner. Q2: Alignment with City Legislative Policy Agenda or other adopted policies Yes: Wed, February 14, 2018, by jstokes@fcgov.com (14-Feb-18) As noted, aligns with the City's LPA. Q3: Lobbyist Comment: N/A: Mon, February 12, 2018, by edbowditch@aol.com (12-Feb-18) This bill is an attempt to stabilize the long-term funding for the Division of Parks and Wildlife. A Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 40 of 43 3/15/2018, 8:09 AM similar bill passed the House in 2017, but died in the Senate. Status History: Status History Analyze This: Comments SB18-144 Bicycle Operation Approaching Intersection Comment: Position: Calendar Notification: Thursday, April 5 2018 House Transportation & Energy Upon Adjournment Room 0112 (1) in house calendar. News: Sponsors: A. Kerr / Y. Willett Summary: The bill permits a municipality or county to adopt a local ordinance or resolution regulating the operation of bicycles approaching intersections with stop signs or illuminated red traffic control signals. The ordinance shall not, however, apply to any portion of the state highway system. Under a local regulation, a bicyclist approaching a stop sign must slow to a reasonable speed and, when safe to do so, may proceed through the intersection without stopping. A bicyclist approaching an illuminated red traffic control signal must stop at the intersection and, when safe to do so, may proceed through the intersection. The bill sets the reasonable speed limit at 15 miles per hour. However, a municipality or county may lower the reasonable speed to 10 miles per hour or raise the limit to 20 miles per hour at any individual intersection. If the local government sets a lower or higher reasonable speed limit, the local government must post signage indicating that speed limit at the intersection. If the municipality or county adopts an ordinance or resolution pursuant to the act, it must be consistent with the act. An ordinance adopted before the effective date of the act that similarly regulates bicycles remains valid. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Status: 2/22/2018 Introduced In House - Assigned to Transportation & Energy Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 41 of 43 3/15/2018, 8:09 AM Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position Amend: Wed, February 28, 2018, by jolson@fcgov.com (28-Feb-18) The bill permits a local authority to adopt a local ordinance regulating the operation of bicycles approaching intersections not on the State Highway system. However, such an ordinance would not apply to intersections on the State Highway system. It is important for traffic laws and regulations to be consistent throughout a jurisdiction. In this case, bicyclists may routinely not be aware of the difference between a State Highway intersection and a local intersection. Further, the operation of bicycles at intersections should be of Statewide concern. If it is allowable to operate a bicycle as described in the bill at local intersections it should be allowable at all intersections. This bill should be changed to define the operation of bicycles at all intersections within the State rather than creating a scenario where regulations vary from city to city and from intersection to intersection within a city. The proposed bill includes a definition of a “reasonable” speed for bicyclists of 15 mph, but allows a local authority to deviate +/- 5mph. This seems like unnecessary complexity. CRS 42-4-1101 already states that no person shall drive a vehicle (bikes are included in the definition of a vehicle) at “a speed greater than is reasonable and prudent under the conditions then existing.” And the proposed bill clearly identifies that the bicyclist must yield the right of way at the intersection. That being the case, there does not seem to be any reason to add in the speed limit provision anymore than we would need to do the same thing for motorists approaching a Yield sign. Status History: Status History Analyze This: Comments SB18-186 Allow Retail Marijuana Store To Sell Consumables Comment: Position: Calendar Notification: NOT ON CALENDAR News: Sponsors: V. Marble Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 42 of 43 3/15/2018, 8:09 AM Summary: Under current law, a retail marijuana store is prohibited from selling any consumable product other a retail marijuana product. The bill removes that prohibition. (Note: This summary applies to this bill as introduced.) Status: 3/14/2018 Senate Committee on Business, Labor, & Technology Committee Vote - Final Action Failed Fiscal Notes Status: Fiscal impact for this bill Analyze This Comments: Q1: Staff comment: Impact on City operations and rationale for position Neutral: Wed, March 14, 2018, by gyeager@fcgov.com (14-Mar-18) Clear packaging and content information must be required if passed. Status History: Status History Analyze This: Comments Bill Reports | State Bill Colorado http://www.statebillinfo.com/SBI/index.cfm?fuseaction=Dossiers2.View2&id=25160&style=pi... 43 of 43 3/15/2018, 8:09 AM Updated: February 28, 2018 Bill # Short Title LRC Notes: Recommended Actions/Changes or Rationale City Adopted Position CML Position CC4CA Position Next Action Date/Committee Postponed Indefinitely/Signed Support Bills HB 1008 Mussel-free Colorado Act LRC discussion needed Support HB 1107 Prewire Residence For Electric Vehicle Charging Port Support Support Senate Trans HB 1190 Modify Job Creation Main Street Revitalization Act Support Support F 2/28 HB 1071 Regulate Oil Gas Operations Protect Public Safety Beneficial to have the state define criteria Support PI SB 066 Extend Operation Of State Lottery Division Fort Collins has benefited greatly from GoCO Support Support House Finance 3/19 SB 84 Protection Minor Victims Of Human Trafficking Support Oppose Bills HB 1089 No Monetary Conditions Of Bond For Misdemeanors Removes key tool for problem offenders Oppose Oppose J 3/1 HB 1067 Right to Rest Act Oppose Oppose LG 3/14 SB 139 Statewide Regulation of Products with Nicotine Oppose Oppose PI HB 1011 Marijuana Business Allow Publicly Traded Owners Oppose Monitor Bills HB 1073 Water District Ability Contract Water Assets Monitor Senate 3/8 passed 3rd HB 1127 Residential Landlord Rental Application Monitor SA 3/14 HB 1128 Protections For Consumer Data Privacy Concerns of creating more challenges & trouble for Utilities Monitor Ap HB 1191 Local Government Alter Speed Limits Monitor/Amend LG 3/13 SB 143 Parks And Wildlife Measures To Increase Revenue Shortfall of 15-23M by 2023. Monitor 3rd 3/12-passed SB 144 Bicycle Operation Approaching Intersection Monitor/Amend Support House Trans 4/5 HB 1022 Department of Revenue Issue Sales Tax Request For Information Monitor Support Governor HB 1076 Untruthful Statement Monitor J 3/8 SB 001 Transportation Infrastructure Funding Monitor 2nd 3/12 SB 003 Colorado Energy Office Monitor Monitor House Trans SB 007 Affordable Housing Tax Credit Monitor Support House Finance 3/19 SB 009 Allow Electric Utility Customers to Install Energy Storage Equipment Monitor Support Governor SB 019 Expanded Duration For Colorado Water Resources And Power Development Authority Revolving Loans Monitor Support Governor SB 041 Authorize Water Use Incidental Sand And Gravel Mines Monitor Governor SB 047 Repeal Tax Credits Innovative Vehicles Monitor Oppose Ap HB 1270 Establishing PUC Rules for Energy Storage Systems Monitor F 3/19 HB 1271 Economic Development Rates for IOUs Monitor HB 1037 Concealed Handguns On School Grounds Monitor SB 186 Allow Retail Marijuana Store To Sell Consumables Sent for staff comment 3/7 BLT 3/14 HB 1258 Marijuana Accessory Consumption Establishments Sent for staff comment 3/12 HF 3/19 HB 1274 Colorado Greenhouse Gas Reduction Standard Sent for staff comment 3/12 HB 1078 Court Program for Veterans Sent for staff comment 3/13 City of Fort Collins Legislative Tracking General Assembly Session 2018 Bill # Short Title LRC: Recommended Actions/Changes City Adopted Position CML Position Next Action Date/Committee Status City Adopted Positions Bill Action Summary Monitor (yellow) Support (green) Oppose (red) Bill passed, date of action (green) Amend (blue) Bill postponed indefinitely or lost, date of action (red) Staff recommended position, not yet discussed by LRC (no fill) Committee Abbreviations Ag = agriculture and natural resources committee Ap = appropriations committeJud = judiciary committee BLT = Business, labor and eco LG = local government committee Ed = education committee SA = state, veterans and military affairs committee CC = conference committee Trans = transportation and energy committee F = finance committee UA = upon adjournment HE = health care and environm UR = upon recess so they may be tardy to the lunch. Other Business • Ginny read the gun safety policy statement to the committee. Monitor