HomeMy WebLinkAboutMemo - Mail Packet - 10/22/2019 - Information From Ross Cunniff Re: Colorado Municipal League (Cml) Policy Committee Summary Of Friday Actions And Info ItemsFrom: Darin Atteberry
To: City Council
Cc: Sarah Kane
Subject: FW: CML POLICY COMM. - Summary of Friday"s actions & info items
Date: Wednesday, October 16, 2019 9:00:23 AM
Attachments: image001.png
Policy Committee Recommendatons-Info Items - 2019-10-11.pdf
Hi All,
Please see the attached from Councilmember Cunniff.
Thank you,
. . . . . . . . . .
Darin Atteberry, ICMA-CM / AICP
City Manager
Fort Collins, Colorado
From: Ross Cunniff <rcunniff@fcgov.com>
Sent: Tuesday, October 15, 2019 6:35 PM
To: Darin Atteberry <DATTEBERRY@fcgov.com>
Subject: FW: CML POLICY COMM. - Summary of Friday's actions & info items
Darin,
Can you please distribute this to Council?
Thanks,
Ross
With limited exceptions, emails and any files transmitted with them are subject to public
disclosure under the Colorado Open Records Act (CORA). To promote transparency, emails
will be visible in an online archive, unless the sender puts #PRIVATE in the subject line of the
email. However, the City of Fort Collins can’t guarantee that any email to or from Council
will remain private under CORA.
From: Kevin Bommer <kbommer@cml.org>
Sent: Monday, October 14, 2019 3:49:07 PM
To: Kevin Bommer <kbommer@cml.org>
Cc: Morgan Cullen <mcullen@cml.org>; Brandy DeLange <bdelange@cml.org>; Heather Stauffer
<hstauffer@cml.org>
Kevin Bommer
Executive Director
Colorado Municipal League
1144 Sherman Street
Denver, CO 80203
(303) 831-6411 · (866) 578-0936
kbommer@cml.org · www.cml.org
Subject: CML POLICY COMM. - Summary of Friday's actions & info items
Members of the CML Policy Committee:
Attached is a summary of the actions taken by the CML Policy Committee last Friday. These
actions are recommendations to the CML Executive Board, which will consider them and take
action at their next meeting this Friday, October 18. Actions taken by the Board will direct
staff activity is it pertains to seeking sponsors for CML-initiated legislation, as well as
establishing positions on proposed or anticipated legislation or policy matters.
The next meeting of the Policy Committee will be December 6, 2019 at CML. The
registration link is open at https://www.cml.org/home/networking-events/event-
detail/2019/12/06/default-calendar/december-6-policy-committee-meeting-pol-dec-19 and a
registration reminder, agenda, and agenda packet will be sent out prior to the Thanksgiving
holiday.
Attendees on Friday were also told about the process for suggesting updates to the 2020-2021
Annual Policy Statement. That will also be covered in material sent out in November.
However, you can always review the current Policy Statement at
https://www.cml.org/docs/default-source/uploadedfiles/legislative/policy-development/policy-
statement.pdf?sfvrsn=26e8b866_32 to begin identifying any items of interest for addition,
deletion, or editing.
Best regards,
Kevin
Empowered cities and towns, united for a strong Colorado
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Member Proposals
Request for CML-initiated Legislation – Municipal Clerks
Elections: Municipal mail ballot procedures (Attachment #1)
Through the Colorado Municipal Clerks Association, the Municipal Clerks Section of CML
is requesting legislation to simplify aspects of municipal mail ballot procedures and
overseas (UOCAVA) ballots. The requested changes are all in Title 31and only for
elections conducted by municipalities. They would not have any effect on coordinated
elections. Lobbyist: Heather Stauffer. COMMITTEE RECOMMENDATION: Support CML-
initiated legislation
Action Items
Request for CML-initiated Legislation – CML Staff
Affordable Housing: Inclusionary Zoning to Include Rental Housing Development
In 1981, the General Assembly enacted legislation that prohibits counties and
municipalities from enacting any ordinance “that would control rent on private
residential property or a private residential housing unit.” In 2000, the Colorado Supreme
Court prohibited the application of local land use authority for inclusionary zoning for
new rental housing development, citing that requiring a set aside for affordable units by
the Town of Telluride was a form of “rent control,” which is prohibited the 1981 state
law. Subsequent legislation initiated by CML in 2010 created an exception for new rental
developments when developers voluntarily agree to inclusionary zoning, but such
voluntary agreements are rare. Staff is requesting approval for CML-initiated legislation
to correct the statutes to clarify that inclusionary zoning for new rental housing
developments is not a form of rent control otherwise prohibited by state law and
effectively overturn the Telluride decision. Staff recommendation: CML-initiated
legislation. Lobbyist: Kevin Bommer (on behalf of Meghan Dollar). COMMITTEE
RECOMMENDATION: Support CML-initiated legislation
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Regular Action Items
Elections: Recall election reform
The County Clerks Association has a draft bill addressing recall election statute cleanup.
While most of the bill addresses technical and clarifying changes to state and county
recall election statutes in Title 1, a small portion of the bill includes changes to a municipal
recall statute in Title 31. The proposed legislation in Title 31 strikes the requirement to
vote on the question of recall in order to vote on a successor candidate. The requirement
to vote on the question of recall in order to vote on a successor candidate was deemed
unconstitutional by the Colorado Supreme Court in 2013. The corresponding statutory
language was changed in Title 1, but was not changed in Title 31. The removal of the
language in Title 31 will bring the statute in line with Title 1 changes consistent with the
court’s ruling. Staff recommendation: Support. Lobbyist: Heather Stauffer.
COMMITTEE RECOMMENDATION: Support
Fire & Police Pensions: Defined Benefit and Death & Disability Plans Funding
The General Assembly’s interim Pension Reform Commission approved for drafting a
single piece of legislation that would contain 5 items requested by a majority of the Fire
and Police Pension Association Board. There are three elements to the proposed
legislation critical to municipal interests. First, the proposal would increase funding of
the Statewide Death and Disability Plan in order to return to 100% funded status by
allowing annual contribution increases up to 0.2% that may be split by the employer with
employees. Second, the proposal would increase employer contribution rate to the
Statewide Defined Benefit Plan (SWDB) by 0.5% 8 years and allow the FPPA Board to
require future increases without legislative approval. Finally, the proposal includes an
early retirement benefits enhancement allowing pension plan members to retire at 50
with 30 years of service, and the 1% contribution increase to pay for the benefit to come
solely from employers. The committee will decide on October 24 whether or not to
approve the bill as a committee bill to be introduced in the 2020 session.
Staff believes the proposed changes to the Death & Disability Plan are critical and would
recommend support if they were in a standalone bill. However, CML staff recommends
opposing unless amended to remove the employer contribution increases. Staff
recommendation: Oppose Unless Amended. Lobbyist: Kevin Bommer (Meghan Dollar).
COMMITTEE RECOMMENDATION: Oppose Unless Amended
Public Safety: E911
9-1-1 Governing Bodies in Colorado fund, through a local 9-1-1 surcharge, the basic
emergency service infrastructure that is regulated and tariffed by the Public Utilities
Commission (PUC). 9-1-1 Governing Bodies also fund 9-1-1 equipment and 9-1-1
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programs that support 9-1-1, such as emergency notification systems and emergency
medical dispatch. Currently, the system is being updated to “next generation
technology” but there are significant funding challenges and operating the current
system while also upgrading. It is likely that legislation will be introduced to address
these funding challenges; however there is not full consensus yet from the 9-1-1
community on what draft legislation may look like. Staff recommendation: Staff
discretion to support. Lobbyist: Brandy DeLange. COMMITTEE RECOMMENDATION:
Staff discretion to support
Sustainability: Single-Use Plastic Prohibitions
A number of municipalities have already implemented or are contemplating
implementing prohibitions on plastic bags or other single-use items. However, a
statewide preemption on local prohibitions of plastic products has existed in statute
since the late 80s. C.R.S. 25-17-104 states: “No unit of local government shall require
or prohibit the use or sale of specific types of plastic materials or products or restrict or
mandate containers, packaging, or labeling for any consumer products.” Definitions are
found in C.R.S. 25-17-102. Because this may be construed as a preemption against any
municipal actions to prohibit plastic materials, staff would like to support legislation in
2020 striking this language in order to explicitly permit local prohibitions. Staff
recommendation: Support. Lobbyist: Morgan Cullen. COMMITTEE RECOMMENDATION:
Support
Sustainability: Bottle Deposit Program
The Zero Waste and Recycling Interim Committee requested a draft proposal for a
beverage container deposit bill intended to help encourage recycling in Colorado. The
draft legislation is largely modeled after a program in Oregon that relies on business and
nonprofit cooperatives to sustain the program with limited government oversight. The
program would require consumers to pay a 10 cent deposit on any aluminum, glass or
plastic beverage container they purchase, which would be redeemable upon the return
of the empty containers to the retailer, distributor or specified “redemption centers”.
While bottle deposit programs have been successful in other states, CML is concerned
that the establishment of a similar program in Colorado would undermine existing
recycling arrangements. A number of municipalities in Colorado already offer single
hauler recycling programs within their communities that recycle these types of products.
Diverting high value items such as aluminum and glass containers away from existing
programs would duplicate efforts, increase costs on local taxpayers and could
undermine support for local recycling programs in general. Staff recommendation:
Oppose. Lobbyist: Morgan Cullen. COMMITTEE RECOMMENDATION: Neutral
4
Water and wastewater: Water Conservation in Master Plans
The American Planning Association will once again introduce legislation to encourage
municipalities and counties to address water conservation in municipal comprehensive
plans and county master plans. CML was neutral on similar legislation in 2017 after
requested amendments were added ensuring appropriate protections for local control.
The 2020 legislation from the APA will likely be similar to the legislation introduced in
2017, but it could include previously opposed that would make such provisions in local
comprehensive plans binding. Should such language be included, staff would request
authority to oppose it. Staff recommendation: Staff discretion to oppose unless
amended. Lobbyist: Heather Stauffer. COMMITTEE RECOMMENDATION: Staff discretion
& report on status at Dec. 6 meeting
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Information items
Building Codes: Plumbing Inspections
Following the introduction and significant amendment of HB 19-1086, CML and other
stakeholders agreed to meet in the interim with Rep. Duran and the plumbing union to
discuss potential draft legislation regarding the use of master plumbers or journeymen
for plumbing inspections. Stakeholders are scheduled to meet in the next few weeks to
discuss potential options for the 2020 legislative session. Lobbyist: Brandy DeLange
Elections: Recall elections
CML expects legislation intended to reform Colorado’s recall election process will be
introduced next session. We expect the legislation will attempt to address three issues,
each of which may require only a statutory change. First, ensuring that ballot language
is factual and petition recall statements are limited to verifiable facts. Second, restricting
the filing or circulation of a recall petition of a state legislator during the 120 days a year
when the General Assembly is in session. Third, requiring the recall petition to include a
disclosure of estimated taxpayer costs to both administer the petition campaign and, if
applicable, the recall election. It is unclear at this time whether this legislation will impact
municipal election statutes, or if it will only apply to state recall elections. Some
advocates for recall reform have also indicated that they may pursue other changes to
the recall process which would require a state constitutional amendment. For example,
a provision saying that elected officials can only be recalled “for cause” or changing the
signature threshold for recall petitions would require a constitutional amendment. It is
not clear if the intent is include municipal elections or only statewide offices. Lobbyist:
Heather Stauffer
Sales Tax: Sales Tax Simplification
Since 2013, the League has partnered with business organizations – primarily the
Colorado Chamber of Commerce and the Colorado Retail Council – on efforts to simplify
sales tax collection and remittance issues for businesses operating in multiple
jurisdictions. The primary effort has been toward the Standard Definitions Project – a
collaboration to come up with common definitions for things that are taxable and assist
Colorado’s 71 self-collecting home rule municipalities with their adoption. As of
September 2019, 53 of the 71 have adopted them. Work continues on the remaining 18,
as well as reviewing and updating the standard definitions based on member feedback.
The State of Colorado also has not adopted the standard definitions. More recently, the
2018 U.S. Supreme Court decision in South Dakota vs. Wayfair has focused new
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attention on Colorado’s decentralized sales tax collection and the benefit of the central
state government’s inability in Colorado to affect the rate and base in self-collecting
home rule municipalities, even with the detrimental side effect of being unable to require
or enforce a requirement on remote sellers to collect and remit local sales tax. This has
culminated in an ambitious collaborative effort to launch a portal for a single point of
remittance that self-collecting municipalities may someday choose to join, along with
an effort by the state to develop a GIS-based hyper-accurate address locator to improve
accuracy of collection and remittance.
Whether necessary or not, an interim legislative committee called the Sales and Use Tax
Simplification Task Force (because it includes non-legislators, including CML and four
municipal finance representatives) is drafting legislation to extend itself for 5 more
years. Legislators present agreed to draft legislation that would include numerous new
items for the committee to consider and discuss, including: sales tax licenses, use tax
licenses, and business licenses; simplification of issuance of local building permits and
levying of use tax on building materials; comparison of the state’s sales tax definitions
with the standard definitions; review state and local collection of sales taxes on motor
vehicles; and numerous other items. Staff will reserve a position recommendation on all
legislation requested for drafting by the task force until a final bill has been approved for
drafting. Lobbyist: Kevin Bommer (Meghan Dollar)
Telecommunications: Definition of unserved
Access to high-speed, reliable broadband remains a challenge for many cities and towns
across Colorado. In order to access the Broadband Fund, a community must be
identified as unserved. CML expects to see legislation allowing local governments to
challenge their current designated status as “unserved” to the Broadband Board.
Lobbyist: Brandy DeLange
Transportation: Transportation Funding
Finding a viable solution for the Colorado’s transportation infrastructure challenges will
continue to be a top priority for the General Assembly in 2020. Although a long-term,
comprehensive solution has continued to elude Colorado legislators, significant one-
time investments have been made the past several years to help alleviate infrastructure
challenges both at the state and local level. Although no specific items have yet to be
put forward for 2020, CML is expecting further legislation to address infrastructure
funding – including additional one-time general funds and new transportation related
fees to provide a more sustainable level of funding. CML will be working diligently to
make sure the general assembly understands the critical importance of funding
transportation at every level of government. Lobbyist: Morgan Cullen
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Water and wastewater: PFAS contamination
Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are manmade chemical
substances found in everything from firefighting foam, to raincoats, to non-stick
cookware. Uncontrolled, PFAS chemicals can leach into ground water and are harmful if
ingested. An increasing number of communities in Colorado are finding evidence of
PFAS contamination in ground water prompting the Colorado Department of Public
Health and Environment to ask the General Assembly for the authority to promulgate
rules to establish maximum contaminant levels for PFAS. The legislation may also
include some funding to help small communities test for and treat PFAS chemicals in
drinking water. CML staffs continue to meet with CDPHE staff to discuss the need for
funding. Lobbyist: Heather Stauffer
Water and wastewater: Storm water permitting
Current law lists actions that CDPHE must take when proposing new or amended general
storm water permit requirements for dischargers to meet, to obtain, or to maintain
authorization for discharges under a permit. These actions include: preparing a statement
of basis and purpose explaining the need for the proposed requirements, presenting
evidence supporting the need for the proposed requirements, and considering and giving
due weight to a cost-benefit analysis if requested by the affected party. The proposed
legislation would strike the word “general” from CRS 25-8-503.5 thus extending CDPHE’s
required actions to include both general and individual storm water permits. This
legislation is being drafted at the request of Senator Sonnenberg and will be heard by the
interim water resources review committee. Depending on the outcome of the vote in the
interim committee it could either become a water resources review committee bill, die or
could be re-introduced during the regular session. Lobbyist: Heather Stauffer