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Study Session Agenda Packet 03-04-19
STUDY SESSION AGENDA CITY COUNCIL CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO March 4, 2019 Upon adjournment of Special City Council Meeting Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Sara Spaulding, Public Information Officer 303-235-2877 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. Citizen Comment on Agenda Items 1. 2019 Legislative Forum 2. Staff Report(s) 3. Elected Officials’ Report(s) ADJOURNMENT Memorandum TO: Mayor and Members of City Council THROUGH: Patrick Goff, City Manager FROM: Marianne Schilling, Assistant to the City Manager DATE: March 4, 2019 SUBJECT: 2019 Annual Legislative Forum ISSUE: The 2019 Legislative Forum is on Monday, March 4, 2019 at City Hall in the City Council Chambers at 6:45 p.m. The Legislative Forum is an opportunity for the City’s elected officials and staff to discuss legislative priorities, current legislation and Wheat Ridge positions/priorities for the 2019 session. Senator Jessie Danielson and Representative Monica Duran will be in attendance, and Colorado Municipal League Representative Kevin Bommer will be available to review legislation and answer questions. ATTACHMENTS: 1. Legislative Forum Agenda 2. 2019 Statehouse Report 3. 2019 Legislative Priorities City of Wheat Ridge Annual Legislative Forum Monday, March 4, 2019 Wheat Ridge City Hall Council Chambers Agenda 6:45 p.m. Welcome: Mayor Bud Starker Introductions: Councilmember Zachary Urban CML Deputy Director Kevin Bommer 7:00 p.m. Working Dinner: 2019 Legislative Session Preview: Senator Jessie Danielson Representative Monica Duran Discussion of Priority Legislative Issues: CML City Council City Department Directors 8:30 p.m. Closing Remarks: Mayor Bud Starker “Keeping Local Control Local and Home Rule At Home” ATTACHMENT 1 2019 Legislative Priorities of Cities & Towns AFFORDABLE HOUSING CML supports the continuation of the state low income housing tax credit that is administered through the Colorado Housing & Finance Authority. CML also supports legislation that creates a continuous funding source for affordable and attainable housing for Colorado’s citizens. BROADBAND With voters in 102 municipalities and 40 counties having overwhelmingly voted to exempt themselves from the requirements of SB 05-152. CML supports legislation freeing up revenue to bring fast, reliable broadband to underserved areas of the state. MARIJUANA CML supports maximum local control of medical and recreational marijuana issues. CML supports legislation and initiatives that ensure marijuana revenue is used to mitigate impacts, whether a municipality allows retail activity or not. OIL AND GAS CML recognizes the importance of cooperation between the state regulatory bodies, industry, and municipal interests. Ensuring adequate public safety in and around oil and gas operations is paramount to the health and welfare of Colorado’s residents and environment, as well as the long-term vitality of the industry. CML supports reasonable increases in local control of siting, setback, and land use issues, and urges the General Assembly to resist preemptions of traditional municipal authority. PERA CML supported 2018 legislation that will allow PERA to become fully funded in all divisions in 30 years or less. However, the League will support corrective legislation to reverse a contribution increase for Local Government Division employees inadvertently added on the last day of the 2018 session. PUBLIC SAFETY CML supports the regulation of recovery residences and a potential state fund that could support municipal programs to lower substance abuse addiction in their communities. CML supports the expansion of Law Enforcement Assisted Diversion (LEAD) Programs to municipalities throughout Colorado. For the cities and towns that currently have these programs, they have been a significant tool to connec citizens to substance abuse treatment. SEVERANCE TAX & FEDERAL MINERAL LEASE CML opposes reductions of severance tax and federal mineral lease revenue to municipalities and the appropriation of local governments’ energy impact or direct distribution revenue to financ state programs or state government administrative costs, or to backfill stat TABOR refunds. CML supports referring a severance tax debrucing question to voters to protect revenues vital to impacted municipalities as well as water, wildlife, and conservation programs in the Department of Natural Resources. SUSTAINABILITY CML supports sustainability and sustainable solutions to meet the needs of the present population without compromising the ability of future generations to meet their needs. CML supports express local control to prohibit or restrict the use of certain plastic materials, as well the establishment of local standards for the use of certain containers or products. TAX AUTHORITY On average, more than 70 percent of municipal tax revenues are derived from sales and use taxes. CML and self-collecting municipalities support efforts to simplify collection efforts without impairing local control, including collection of remote sales taxes in a manner that complies with South Dakota vs. Wayfair. CML supports the state as a partner with the business community and municipalities that self-collect their sales and use taxes, but opposes any efforts to undermine constitutionally-granted municipal home rule authority to set tax policy, administration, and audit in home rule municipalities. CML discourages state sales tax exemptions that negatively impact statutory municipalities. Property taxes are important to municipal governments as well. CML supports efforts to solve the impacts of continued reductions of the property tax residential assessment rate. CML opposes changes to the business personal property tax that do not “backfill” reductions to loca government tax revenues. TRANSPORTATION Colorado’s transportation system of roadways and transit is a state and local network vital to Colorado’s future. Municipal officials support increase state transportation and transit funding that includes the return of an equitable portion of new revenue to cities, towns, and counties. A statewide solution includes planning and funding for all public roads, not just state highways. Local Control and Home Rule The Colorado Municipal League is a strong advocate for the state’s tradition of local control and constitutional principle of home rule, both of which allow cities and towns maximum flexibility and discretion in municipal finance, implementation of loca policy, and delivery of public services. Local control should remain local and home rule should stay at home. Neither should be centralized at the Statehouse. Municipal government is the cornerstone of good government in Colorado, and the League values the partnership that exists with state and federal officials. The citizens who municipal officials represent are the same as those represented by legislators. The policies legislators enact affecting municipalities must be implemented by municipal leaders and local taxpayers. To maintain the strength of this partnership, CML urges legislators to consider the impacts of decisions on the municipalities in their respective districts. ATTACHMENT 2 Questions about municipal policy? CML employs four full-time advocates to assist in development and communication of policies. They closely watch proposed legislation and work with legislators to understand municipal impacts. Kevin Bommer Deputy Director kbommer@cml.org Morgan Cullen Legislative & Policy Advocate mcullen@cml.org Meghan Dollar Legislative & Policy Advocate mdollar@cml.org Brandy DeLange Legislative & Policy Advocate bdelange@cml.org Empowered cities and towns, united for a strong Colorado The Colorado Municipal League (CML) is a nonprofit, nonpartisan organization that has served and represented Colorado s cities and towns since 1923. As such, CML is a reliable source of information about legislative issues and their impact on Colorado’s cities and towns and their residents. 270 cities and towns are members of the League, and policies are determined by members though the CML Policy Committee and the CML Executive Board. For more information Colorado Municipal League 1144 Sherman Street, Denver, CO 80203 303 831 6411 / 866 578 0936 www.cml.org In this issue... Affordable Housing Building Regulations Business Licensing Criminal Justice Employment Energy Finance Immigration Land Use Lottery Municipal Debt and Finance Nicotine Products Open Meetings Affordable Housing: Right to Rest Act The Right to Rest Act has been introduced the last four legislative sessions. This year’s version, HB 19-1096, establishes certain rights for people experiencing homelessness. The bill also prohibits municipalities from enacting or enforcing laws that may conflict with these rights, and allows any person whose rights have been violated to seek enforcement in a civil action. HB 19-1096 has new language that has not been in previous versions. It provides an exemption if a municipality can demonstrate that, for 3 consecutive months, the waiting lists for all local public housing authorities contain fewer than 50 people, and allows the legislature to appropriate funding for municipalities that cannot meet the exemption threshold. CML is currently opposed to HB 19-1096, however, the sponsor will be asking the committee to postpone the indefinitely without a hearing when the bill is scheduled on February 26. Bill: HB 19-1096, Right to Rest Act Sponsors: Rep. Jovan Melton, D-Aurora Status: H. Transportation & Local Government Position: Oppose Lobbyist:Meghan Dollar Updated 2/8/2019 Statehouse Report - CML http://www.cml.org/statehouse-report/ 1 of 22 02/27/2019, 11:52 AM ATTACHMENT 3 Public Health Public Safety Records Sales Tax Sustainability Telecommunications Transportation Urban Renewal Utilities Water & Wastewater Water and Wastewater Share with socialnetworks Building Regulations: Decoupling of Electrical Inspection Fees Currently, state electrical inspections fees are adjusted periodically by the Division of Professions and Occupations located within the Department of Regulatory Affairs (DORA). Under current law, cities and counties are prohibited from deviating from these fees set by the state by no more than 15%. As originally introduced, HB 19-1035 would have decoupled these fees, allowing local governments to set their own electrical inspection fees and recoup the actual costs of conducting inspections. HB 1035 was amended in the House Transportation and Local Government committee to allow local governments to collect inspections fees (with the current 15% fee cap) set in 2014 before the state was required to lower the rate; however, based on additional data identifying 2014 not to be the highwater mark, CML and CCI are working to identify a new solution that will better suit local governments. Bill: HB19-1035, Decoupling of Electrical Inspection Fees Sponsors: Reps. Janice Rich, R- Grand Junction, and Dylan Roberts, D-Avon, Sen. Rob Woodward, R-Loveland Status: H. Transportation & Local Government Position: Support Lobbyist:Brandy DeLange Updated 2/22/2019 Building Regulations: Require Journeymen for Local PlumbingInspections Beginning in 2022, HB 1086 requires all local governments conducting their own plumbing inspections to employee journeymen plumbing inspectors or those who hold a master plumber license issued by the state. Additionally, beginning in 2020, the local government will be required to develop and post on their website standard procedures concerning contemporaneous reviews. Based off concerns raised by CML and other opponents, the bill sponsor laid over the bill to continue to work with stakeholders to find a compromise. Bill: HB 19-1086, Require Journeymen for Local Plumbing Inspections Sponsors: Rep. Monica Duran, D-Wheat Ridge Status: H. Business Affairs & Labor Position: Oppose Lobbyist:Brandy DeLange Updated 2/22/2019 Business Licensing: Prohibition on Licensing Minor's Business CML is grateful to the Senate sponsors of SB 19-103 for accepting language offered by CML and the City & County of Denver that clarifies that minors operating businesses are still required to comply with other laws and rules falling under municipal police powers. For example, rights of way may not be impeded, anti-solicitation ordinances still need to be followed, and laws Statehouse Report - CML http://www.cml.org/statehouse-report/ 2 of 22 02/27/2019, 11:52 AM protecting public health and safety should apply. The bill was taken off the consent calendar and amended on second reading, and CML has formally withdrawn opposition and committed to the sponsors not to seek additional amendments. Bill: SB 19-103, Prohibition on Licensing Minor's Business Sponsors: Sens. Angela Williams, D-Aurora, and Jack Tate, R-Centennial; Reps. James Coleman, D-Denver, and Terri Carver, R-Colorado Springs Status: H. Business Affairs & Labor Position: Formerly opposed Lobbyist:Kevin Bommer Updated 2/21/2019 Criminal Justice: Remedying Improper Guilty Pleas SB 19-30 allows individuals that plead guilty in a deferred judgement to petition the court for an order to vacate that guilty plea. In deferred judgments, one pleads guilty, completes a sentence and the case is dismissed. This is typical for low level crimes and first time offenders. As introduced, the bill is broadly written to apply to any individual that may have been penalized due to their plea, and requires the court to vacate the guilty plea if petitioned. The bill was amended in the Senate Judiciary Committee to specifically apply to those facing immigration consequences due to pleading guilty in a deferred judgement. The amendment also added a hearing process when an individual petitions the court to vacate their guilty plea. With this amendment, CML is now neutral. Bill: SB 19-030, Remedying Improper Guilty Pleas Sponsors: Sen. Julie Gonzales, D-Denver Status: S. Appropriations Position: Neutral Lobbyist:Meghan Dollar Updated 2/1/2019 Employment: Equal Pay for Equal Work SB 19-085 is the fifth attempt at establishing an Equal Pay statute in Colorado, one of only a handful of states that only relies upon federal law to handle wage discrimination based on gender. The bill covers all employers in Colorado – public and private – and, as introduced, was one of the most aggressive approaches in the country. However, the bill was amended heavily in Senate Judiciary to deal directly with employer concerns. 80% of the major flaws in the bill have been satisfactorily amended, and CML has been working with other associations representing employers to present a unified approach and determine what work remains to be done. Bill: SB 19-085, Equal Pay for Equal Work Sponsors: Sens. Jessie Danielson, D-Wheat Ridge, and Brittany Pettersen, D-Lakewood; Reps. Janet Buckner, D-Aurora, and Serena Gonzales-Gutierrez, D-Denver Statehouse Report - CML http://www.cml.org/statehouse-report/ 3 of 22 02/27/2019, 11:52 AM Status: S. Agriculture & Natural Resources Position: Oppose unless amended Lobbyist:Kevin Bommer Updated 2/21/2019 Employment: Family and Medical Leave Insurance For the last four legislative sessions, versions have this legislation have been introduced but ultimately failing to pass in a split legislature. This year, staff fully expects the legislation to pass and be signed into law. Previously, advocacy efforts were limited to a few key areas, but this year’s version – which has yet to be finalized and introduced – has a critical new component. The intent of the legislation is to have a state version of the Family and Medical Leave Act (FMLA) with two key exceptions: 1) It provides a paid benefit, and; 2) it applies to all employers in Colorado of all sizes. The FAMLI program would be funded with a percentage of payroll deduction relative to the employee’s pay and create an enterprise within the Colorado Division of Labor and Employment (CDLE) to administer it. FAMLI would provide partial wage replacement benefits to an eligible individual who takes leave from work to care for a new child or a family member with a serious health condition, who is unable to work due to the individual's own serious health condition, or is unable to work because the individual or a family member is the victim of abusive behavior. The premium – affirmatively defined in the bill draft as a “fee” and not a “tax” – would be required to be split 50/50 between the employer and employee. The requirement for the employer contribution is a new element and of primary concern to staff, as it represents a significant unfunded mandate on municipalities. Staff from both CML and CCI, along with human resources experts, recently met with proponents and Senate sponsors to enumerate issues with the details – many of which mirrored those earlier supplied by private sector interests – as well as to explain how local governments often already provide better benefits than FAMLI would. At this point, the key concerns are ensuring that any program would align and not conflict with FMLA and the significant unfunded mandate that the required employer payroll deduction represents. Bill: Family and Medical Leave Insurance Sponsors: Sens. Faith Winter, D-Westminster, and Angela Williams, D-Denver Status: Not yet introduced Position: Staff discretion to oppose Lobbyist:Kevin Bommer Updated 2/15/2019 Employment: Local Government Minimum Wage Previously, the Policy Committee recommended and the CML Board approved a staff recommendation that CML would be neutral on any legislation related to the local government minimum wage preemption that simply removed the preemption from statute. The rationale has been that simply removing the preemption does not actually allow a local government to increase the minimum wage. In December, the Committee requested the opportunity to revisit Statehouse Report - CML http://www.cml.org/statehouse-report/ 4 of 22 02/27/2019, 11:52 AM the subject should legislation granting affirmative authority be introduced, and there was a general expression of support by committee members present that day. While no legislation has been introduced, staff has been in contact with proponents. It is clear that legislation will be introduced this session and likely with the affirmative authority for local governments to act. There are still a number of questions that would need to be answered. Should the legislation give clear local control for municipalities and counties, absent any problematic language, CML will support it. Bill: Local Government Minimum Wage Sponsors: Reps. Rochelle Galindo, D-Greeley, and Jovan Melton, D-Aurora; Sens. Dominick Moreno, D-Commerce City, and Jessie Danielson, D-Wheat Ridge Status: Not yet introduced Position: Staff discretion to support Lobbyist:Kevin Bommer Updated 2/21/2019 Energy: Community Solar Gardens SB 19-1003 amends the current statute for the creation of community solar gardens (CSGs) by increasing the maximum size of a CSG from 2 megawatts to 10 megawatts and removing the requirement that a CSG subscriber's identified physical location be in the same county as, or a county adjacent to, that of the CSG. The legislation still retains the requirement that it be within the service territory of the same electric utility. Bill: HB 19-1003, Community Solar Gardens Sponsors: Rep. Chris Hansen, D-Denver Status: H. Appropriations Position: Monitor Lobbyist:Morgan Cullen Updated 1/18/2019 Energy: Powers and Duties of Electric Vehicle Grant Fund HB 19-1198 makes a number of modifications to the statute governing the electric vehicle grant fund. It would allow for grants for the installation of charging stations for electric vehicles, and for grants to be prioritized based on criteria defined by the Colorado Energy Office. In addition, the fund would be available to fully fund installation of charging stations and offset station operating costs. Bill: HB 19-1198, Powers and Duties of Electric Vehicle Grant Fund Sponsors: Rep. Alex Valdez, D-Denver; Sen. Jeff Bridges, D- Greenwood Village Status: H. Energy & Environment Position: Monitor Lobbyist:Morgan Cullen Statehouse Report - CML http://www.cml.org/statehouse-report/ 5 of 22 02/27/2019, 11:52 AM Updated 2/22/2019 Finance: State Procurement Study SB 19-135 directs the Department of Personnel and Administration to contract for a study of the Colorado procurement process and to make recommendations and address any discrepancies that may be identified by the process. The final report including the findings and recommendations from the study must be provided to the members of the general assembly no later than December 1, 2020. Bill: SB 19-135, State Procurement Study Sponsors: Sen. Angela Williams, D-Denver; Rep. Janet Buckner, D-Aurora Status: H. Business Affairs & Labor Position: Monitor Lobbyist:Morgan Cullen Updated 2/22/2019 Immigration: Protect Coloradans from Federal GovernmentOverreach HB 19-1124 is similar to past legislation, but is more clearly focused on immigration enforcement at the state level. The bill imposes a uniform statewide standard of non-cooperation with federal immigration authorities. It prohibits local governments from entering into voluntary IGAs with U.S. Immigration and Customs Enforcement (ICE) to assist with the enforcement of immigration laws commonly known as “287(g) Agreements.” This section of the bill affects county jails in particular since there are no municipalities in Colorado that are engaged in a 287(g) Agreements. Though municipalities do not engage in these agreements, law enforcement has expressed a concern that, if passed as introduced, HB 19-1124 could have negative consequences on federal funding that currently goes to municipal law enforcement agencies. CML staff has contacted the proponents of the bill with this concern and they are willing to work with CML and law enforcement on this issue. Bill: HB 19-1124, Protect Coloradans from Federal Government Overreach Sponsors: Rep. Adrienne Benavidez, D-Commerce City Status: H. Transportation & Local Government Position: Oppose unless amended Lobbyist:Meghan Dollar Updated 2/8/2019 Land Use: Farm Stand Operation Regardless of Zoning HB 1191, would allow a farm stand to locate anywhere throughout the state and undertake agricultural operations, regardless if the local government has zoned that area for agricultural Statehouse Report - CML http://www.cml.org/statehouse-report/ 6 of 22 02/27/2019, 11:52 AM activity. Local government is authorized to enact ordinances and/or regulations to help facilitate the agricultural operation but may not limit or restrict any operation. CML has significant concerns with the preemption of a municipal government’s land use authority and is currently working with the bill sponsor to address these concerns. Bill: HB 19-1191, Farm Stand Operation Regardless of Zoning Sponsors: Rep. Jeni Ardnt, D-Fort Collins Status: H. Rural Affairs & Agriculture Position: Oppose Lobbyist:Brandy DeLange Updated 2/22/2019 Lottery: Transfer funds from Great Outdoors Colorado to theState Education Fund SCR19-001 submits a question to the voters that, if passed, would transfer net lottery proceeds from Great Outdoors Colorado (GOCO) to the state education fund. This would take away current money that goes to municipalities for outdoors and open space projects. The League supports all lottery proceeds for park, recreation, open space, and wildlife purposes pursuant to the Great Outdoors Colorado program adopted by Colorado voters. CML has opposed similar legislation in the past. Bill: SCR 19-001, Transfer funds from Great Outdoors Colorado to the State Education Fund Sponsors: Sen. Jerry Sonnenberg, R-Sterling; Rep. Rod Pelton, R-Cheyenne Wells Status: S. State, Veterans & Military Affairs Position: Oppose Lobbyist:Meghan Dollar Updated 2/15/2019 Municipal Debt and Finance: Bond Requirements for PPPs Under current statutes taxpayers, subcontractors and material suppliers have payment protection on public projects via bonding requirements and on private projects via mechanic's lien rights. No such payment protection exists on projects using a public/private partnership funding agreement. SB 19-138 would apply current bonding requirements for public construction and maintenance projects to construction and maintenance projects on public property that use private financing. Bill: SB 19-138, Bond Requirements for PPPs Sponsors: Sen. Faith Winter, D-Westminster; Rep. Shannon Bird, D-Westminster Status: S. Finance Position: Monitor Lobbyist:Morgan Cullen Updated 2/22/2019 Statehouse Report - CML http://www.cml.org/statehouse-report/ 7 of 22 02/27/2019, 11:52 AM Nicotine Products: Local Government Authority to Regulate This legislation is based on the convergence of a few issues and is largely advocated by the anti-tobacco and nicotine products lobby. The goal is to give clear authority to local governments to regulate and tax nicotine products. Some home rule municipalities have adopted local sales taxes and/or regulatory or licensing schemes with the knowledge they would forgo the statutory shareback of a portion of state cigarette sales taxes, which was part of a compromise made over four decades ago. Municipalities repealed local cigarette sales taxes in exchange for a state- collected, locally-shared revenue scheme that the state has whittled away at over the years. HB 19-1033 would completely remove the elimination of shareback so that local governments would receive it regardless of local tax or regulatory status. Taxing authority for counties and statutory municipalities is based on the very complicated marijuana special sales tax statute, but this will also ensure that a county will be unable to layer a county cigarette tax over a municipal cigarette sales tax unless an intergovernmental agreement is in place. Importantly, a licensing and regulation ordinance at the local level would no longer cause the cigarette sales tax share back to be eliminated. Since CML was a party to the share back deal some four decades ago, which is why the League is only monitoring the legislation. However, it is a strong step forward to eliminate penalties for local governments that want to proactively address teen smoking and vaping. The bill passed the House and is now in the Senate. Bill: HB 19-1033, Local Government Authority to Regulate Sponsors: Reps. Kerry Tipper, D-Lakewood, and Chris Kennedy, D-Lakewood; Sens. Rhonda Fields, D-Aurora, and Kevin Priola, R-Brighton Status: H. 2nd Reading Position: Monitor Lobbyist:Kevin Bommer Updated 2/15/2019 Open Meetings: Public Notice on Websites As written, this bill would require every local government to publish meetings on a website in a manner prescribed by the bill in order to be in full compliance with timely notice provisions of the Colorado Open Meetings Act. The bill was laid over an additional time to allow staff to meet with the sponsors, and they have agreed to a "carrot" instead of a "stick" approach. Language is being drafted that would encourage local governments to publish online. If they do in the manner prescribed by the bill, then they would be exempt from the physical posting requirement. The League believes this will help encourage municipalities to establish or develop their websites without being mandated to do so - perhaps using free services provided by the Statewide Internet Portal Authority. Bill: HB 19-1087, Public Notice on Websites Sponsors: Reps. Matt Soper, R-Delta, and Chris Hansen, D-Denver; Sen. Rob Woodward, R-Berthoud Status: H. Transportation & Local Government Statehouse Report - CML http://www.cml.org/statehouse-report/ 8 of 22 02/27/2019, 11:52 AM Position: Oppose unless amended Lobbyist:Kevin Bommer Updated 2/15/2019 Public Health: Clean Indoor Air Act HB 1076 amends the Colorado Clean Indoor Air Act to include e-cigarettes as well as similar electronic smoking devices (EDS) such as vape pens and e-cigars. HB 1076 allows local authority to determine an appropriate radius from main doorways and entrances leading into building with a minimum 25-foot radius. Similarly, home rule municipalities may adopt more stringent regulations but may not enact, adopt or enforce less stringent regulations or radius from main entryways. Finally, HB 1076 eliminates existing indoor smoking exceptions for airports, businesses with three or fewer employees, designated smoking rooms in hotels and designated smoking areas in assisted living facilities. Bill: HB 19-1076, Clean Indoor Air Act Add E-cigarettes Sponsors: Rep. Dafna Michaelson Jenet, D- Commerce City; Rep. Colin Larson, R- Ken Caryl; Sen. Priola, R-Brighton; Sen. Kerry Donovan-D, Edwards Status: H. Health & Insurance Position: Monitor Lobbyist:Brandy DeLange Updated 1/18/2019 Public Safety: Colorado Fire Commission SB 19-040 establishes the Colorado Fire Commission in the Colorado Department of Public Safety. The creation of the commission will consolidate State efforts fighting wildfires and other emergency incidents. Its purpose is to enhance public safety in Colorado through an integrated statewide process focused on the fire service's capacity to conduct fire management and use, preparedness, prevention, and response activities to safeguard lives, property, natural resources, and increase the resiliency of local and regional communities. The bill was amended in committee to change the make up of the commission. CML testified in support as there will be two individuals representing municipalities will be appointed to the Commission. Bill: SB 19-040, Colorado Fire Commission Sponsors: Sen. Dennis Hisey, R-Fountain Status: S. Appropriations Position: Support Lobbyist:Meghan Dollar Updated 2/1/2019 Public Safety: Expand Medication-assisted Treatment PilotProgram Statehouse Report - CML http://www.cml.org/statehouse-report/ 9 of 22 02/27/2019, 11:52 AM In 2017, the general assembly enacted Senate Bill 17-074, which created a 2-year medication- assisted treatment (MAT) expansion pilot program, administered by the university of Colorado college of nursing, to expand access to medication-assisted treatment to opioid-dependent patients in Pueblo and Routt counties. CML supported this legislation as MAT is an important piece of fighting substance abuse in Colorado. SB19-001 expands the pilot program to the counties in the San Luis valley and 2 additional counties in which a need is demonstrated. Bill: SB 18-001, Expand Medication-assisted Treatment Pilot Program Sponsors: Sen. Leroy Garcia, D-Pueblo Status: S. Appropriations Position: Support Lobbyist:Meghan Dollar Updated 2/8/2019 Public Safety: Extreme Risk Protection Orders HB 19-1177 creates a process for extreme risk protection orders in Colorado. This would allow law enforcement to remove fire arms from an individual a judge deems too high a risk to themselves or others. The legislation is a response to the shooting death of a Sheriff’s Deputy in 2017. The Colorado Association of Chiefs of Police is in support of the legislation as well as several individual Sheriffs. The bill was heard in the House Judiciary Committee on February 21 where CML lent its support via testimony from the Colorado Association of Chiefs of Police. After several hours of testimony, the bill passed the committee on a party-line vote. Bill: HB 19-1177, Extreme Risk Protection Orders Sponsors: Reps. Alec Garnett, D-Denver and Tom Sullivan, D-Centennial; Sens. Lois Court, D-Denver and Brittany Pettersen, D-Lakewood Status: H. 2nd Reading Position: Support Lobbyist:Meghan Dollar Updated 2/22/2019 Public Safety: Prohibit Drone Use During Wildfires The Wildfire Matters Review Interim Committee will bring legislation that requires the Center of Excellence for Advanced Technology in Aerial Firefighting to study, and potentially implement, a system to patrol the airspace above a wildland fire. This recommended legislation is another attempt to curb the use of drones by civilians during a wildfire incident. Drone use can easily ground air patrol during an emergency and lose first responders precious time to contain a wildfire. CML has supported similar legislation in past sessions. Bill: SB 19- 20, Prohibit Drone Use During Wildfires Sponsors: Sens. Rhonda Fields, D-Aurora and Don Coram, R-Montrose; Rep. Barbara McLachlan, D-Durango Statehouse Report - CML http://www.cml.org/statehouse-report/ 10 of 22 02/27/2019, 11:52 AM Status: S. Appropriations Position: Support Lobbyist:Meghan Dollar Updated 1/18/2019 Public Safety: Prohibit Use of Automatic VehicleIdentification Systems HB 19-1099 prohibits the use of red light cameras and speed radar vans. As in previous legislation sessions, CML opposes this legislation because traffic safety is a local decision. Use of this law enforcement tool is controlled in each municipality by city council. These elected officials are responsive to community opinion and local safety concerns. Members of law enforcement from Denver, Commerce City, Lone Tree, Fort Collins, Boulder, Colorado Springs, and Greenwood Village testified in committee about the success of their individual red light camera and speed radar programs. The bill ultimately failed and was postponed indefinitely. Bill: HB 19-1099, Prohibit Use of Automatic Vehicle Identification Systems Sponsors: Reps. Jovan Melton, D-Aurora and Stephen Humphrey, R-Severance Status: Postponed indefinitely Position: Oppose Lobbyist:Meghan Dollar Updated 2/21/2019 Public Safety: Public Safety Information Sharing Program HB 19-1073 creates the law enforcement, public safety, and criminal justice information sharing grant program within the Colorado Department of Public Safety (CDPS). The grant program provides grants to assist local law enforcement agencies in gaining access to the information- sharing system created by the Colorado information sharing consortium (CISC). Grant recipients can use the money to pay for computer hardware, software, and programming costs necessary to connect to CISC's information-sharing systems. Bill: HB 19-1073, Public Safety Information Sharing Program Sponsors: Rep. Adrienne Benavidez, D-Commerce City; Sen. Rhonda Fields, D-Aurora Status: H. Appropriations Position: Support Lobbyist:Meghan Dollar Updated 2/8/2019 Public Safety: Recovery from Substance Abuse This proposed legislation comes from the Opioid and Other Substance Disorders Study Committee. It requires each recovery residence operating in Colorado to be licensed by the Statehouse Report - CML http://www.cml.org/statehouse-report/ 11 of 22 02/27/2019, 11:52 AM department of public health and environment. These recovery residences are also called sober living homes and aim to promote sobriety and independent living for addicted individuals. The legislation also expands the housing voucher program currently within the Department of Local Affairs (DOLA) to include individuals with a substance use disorder and appropriates funds. Finally, the bill creates the opioid crisis recovery fund for money the state receives as settlement or damage awards resulting from opioid-related litigation. CML is particularly interested in the regulation of recovery residences and a potential state fund that could support municipal programs to lower substance abuse addiction in their communities. Recovery residences operate in many municipalities across Colorado. Municipalities have been advocating for state- level regulation of these facilities due to concerns that local regulation may conflict with federal law. This legislation creates that process. Bill: HB 19-1009, Recovery from Substance Abuse Sponsors: Reps. Chris Kennedy, D-Lakewood and Jonathan Singer, D-Longmont; Sen. Kevin Priola, R-Brighton Status: H. Public Health Care & Human Services Position: Support Lobbyist:Meghan Dollar Updated 1/10/2019 Public Safety: Substance Abuse in the Criminal JusticeSystem This proposed legislation is from the Opioid and Other Substance Use Disorders Interim Study Committee. The goal of the legislation is to get addicted individuals to services and treatment rather than the criminal justice system. The bill adds low level drug crimes to a simplified record sealing process as well as identifies funding to expand the Law Enforcement Assisted Diversion (LEAD) Programs from 4 to 10. LEAD programs focus on getting individuals suffering from substance addiction to treatment and services rather than getting them into the criminal justice system. These programs have been successful for municipalities that currently have them, and CML supports the expansion of LEAD to other interested municipalities. Bill: SB 19-008, Substance Abuse in the Criminal Justice System Sponsors: Sens. Dominick Moreno, D-Commerce City and Kevin Priola, R-Brighton; Reps. Chris Kennedy, D-Lakewood and Jonathan Singer, D-Longmont Status: S. Judiciary Position: Support Lobbyist:Meghan Dollar Updated 1/10/2019 Public Safety: Supervised Use Sites There will be proposed legislation that creates a pilot program for supervised use sites. These are facilities where individuals can use drugs under medical supervision. The intent is to prevent Statehouse Report - CML http://www.cml.org/statehouse-report/ 12 of 22 02/27/2019, 11:52 AM death from overdose and the spread of disease via needles. There are not currently any of these sites in the United States, but they do operate in areas of both Europe and Canada. In the past, the legislation was drafted to exempt these facilities from local public nuisance ordinances. CML has opposed that. For the 2019 legislation, the proponents have stated that the state legislation is to enable local governments to allow these facilities so the legislation will be drafted to include local opt-in. Staff is assisting the proponents in drafting that piece of their legislation to ensure clear local control. Bill: n/a, Supervised Use Sites Sponsors: n/a Status: Not yet introduced Position: Monitor Lobbyist:Meghan Dollar Updated 1/18/2019 Public Safety: Use of Mobile Electronic Devices while Driving Current law prohibits the use of wireless telephones while driving if an individual is under 18 years old. SB 19-012 expands that law to apply to all ages as well as applies it to all mobile electronic devices. The bill also increases the penalties depending on the violation up to $750 and 8 points. There is an exception in the bill for individuals that use a mobile device while a hands-free accessory is attached. The Colorado Association of Chiefs of Police and the County Sheriff’s Association of Colorado are both supportive of the bill. Bill: SB 19-012, Use of Mobile Electronic Devices while Driving Sponsors: Sen.Lois Court, D-Denver; Rep. Jovan Melton, D-Aurora Status: S. Transportation & Energy Position: Support Lobbyist:Meghan Dollar Updated 2/8/2019 Records: Internal Affairs Records HB 19-1119 attempts to govern internal affairs investigation (IA) files of a peace officer for in- uniform or on-duty conduct that involves a member of the public subject to inspection. In addition, the legislation directs what types of information should be redacted before complying with the inspection request (although, the custodian could have first provided an IA summary first). CML is opposed to the legislation in its introduced form as it is a significant expansion of the existing practices of releasing criminal justice records under current law. The bill was amended in committee to reflect conversations between proponents of the bill and members of the law enforcement community. With the adoption of the amendment, the bill will apply to Internal Affairs investigations conducted after the enactment of HB 19-1119, and allows for a number of redactions before the file can be viewed. Now that HB 19-1119 is amended, CML is formerly opposed. Statehouse Report - CML http://www.cml.org/statehouse-report/ 13 of 22 02/27/2019, 11:52 AM Bill: HB 19-1119, Internal Affairs Records Sponsors: Rep. James Coleman, D-Denver Status: H. 2nd Reading Position: Formerly opposed Lobbyist:Meghan Dollar Updated 2/21/2019 Sales Tax: De Minimus for In-state Destination Sourcing The State of Colorado collects sales tax for statutory municipalities and 24 home rule municipalities, in addition to state, county, and special district sales tax. In October, the Department of Revenue rolled out several rule changes to complement state implementation of the Wayfair decision for all of the taxes it collects and remits. One rule change has proved to be very controversial and will in legislation to reverse or delay it. The rule would require collection and remittance of state and all applicable local sales taxes by in-state and remote sellers based on the point of delivery. Currently, only the point of sale was considered for intrastate sales. This presents an unusual quandary. While supportive of point-of-delivery as a means to ensure parity for brick and mortar businesses and increased tax remittance to all of the affected municipalities, the immediate effective date of the rule also placed a burden on businesses that deliver to multiple jurisdictions. The Department of Revenue (DOR) ultimately delayed the rule until May 31, 2019. SB 131 would establish a de minimis amount of $100,000 of aggregate transactions outside of a retailers jurisdiction (but within Colorado) and exempt the business from remitting sales tax for jurisdictions outside of its own. The legislation does not have any impact on home rule municipalities that self-collect - only the statutory entities (and 24 non-self collecting home rule municipalities) for which the State of Colorado collects and remits sales taxes. Staff believes a truly de minimis standard would assist small businesses with little to no impact on statutory municipalities that are not receiving sales tax from remit sellers currently. The Senate Finance Committee killed the bill on a party line vote, but a more comprehensive bill starting in the House is expected. Bill: SB 19-131, De Minimus for In-state Destination Sourcing Sponsors: Sen. Rob Woodward, R-Berthoud; Reps. Kevin Van Winkle, R-Highlands Ranch, and Jeni Arndt, D-Ft. Collins Status: Postponed indefinitely Position: Support Lobbyist:Kevin Bommer Updated 2/21/2019 Sales Tax: Electronic Sales And Use Tax Simplification System SB 19-006 is from the Sale & Use Tax Simplification Task Force interim committee, on which Kevin Bommer from CML and four municipal sales tax experts participate. The legislation directs the Department of Revenue (DOR) to issue an RFP for a single point of remittance portal for sales taxes. The intent is to require all sales taxes remitted to the State of Colorado to be Statehouse Report - CML http://www.cml.org/statehouse-report/ 14 of 22 02/27/2019, 11:52 AM remitted through the portal, as well as an aspirational goal that all 71 self-collecting home rule municipalities will participate voluntarily. CML supports this process, as it may provide a road map to simplified collection while maintaining home rule authority over local sales tax matters. Bill: SB 19-006, Electronic Sales And Use Tax Simplification System Sponsors: Sen. Angela Williams, D-Aurora; Reps. Tracy Kraft-Tharp, D-Arvada, and Kevin Van Winkle, R-Highlands Ranch Status: H. Finance Position: Support Lobbyist:Kevin Bommer Updated 2/1/2019 Sustainability: Collection of Greenhouse Gas Emissions SB 19-096 requires the Air Quality Control Commission in CDPHE to collect greenhouse gas emissions data from greenhouse gas-emitting entities, report on the data, and propose a draft rule to address the emissions by July 1, 2020. Bill: SB 19-096, Collection of Greenhouse Gas Emission Sponsors: Sen. Kerry Donovan, D- Vail, Rep. Chris Hansen, D-Denver Status: S. Transportation & Energy Position: Monitor Lobbyist:Morgan Cullen Updated 2/1/2019 Sustainability: Plastic Bag Prohibitions Several municipalities are contemplating complete prohibitions on plastic bags or related items. In the course of researching the issue, staff discovered a potential pitfall in state statutes that has been on the books since the 1990s. 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, the CML Executive Board approved League-initiated legislation striking or amending the language in order to explicitly permit local prohibitions. Other discussions on this subject have been occurring but did not include CML. Staff is speaking with those parties to determine if a reasonable solution can be negotiated. Bill: Plastic Bag Prohibitions Status: Not yet introduced Position: Support Lobbyist:Morgan Cullen Updated 1/10/2019 Statehouse Report - CML http://www.cml.org/statehouse-report/ 15 of 22 02/27/2019, 11:52 AM Sustainability: Plastic Straws Upon Request HB 19-1143 prohibits a restaurant, food vendor, or other food service establishment from providing a single-use plastic beverage straw to a customer unless the customer requests a straw. The bill does offer a number of exemptions including the use of straw dispensers, drive through window orders, and prepackaged food items. Furthermore, the legislation expressly preempts local governments from regulating the use of single-use plastic straws within their political subdivisions. CML considers this language to be a direct preemption on a matter of local control and is opposed to the legislation unless this provision is removed from the bill. Bill: HB 19-1143, Plastic Straws Upon Request Sponsors: Rep. Susan Lontine, D-Denver; Sen. Rhonda Fields, D-Aurora, Sen Kevin Priola, R-Henderson Status: H. Energy & Environment Position: Oppose unless amended Lobbyist:Morgan Cullen Updated 2/22/2019 Sustainability: Prohibition On Plastic Food Containers In 1993, the Colorado General Assembly passed CRS 25-17-104, a statewide preemption on local government ability to prohibit certain types of plastic products within its political subdivision. In recent years local governments have come under increased pressure by their constituents to pass ordinances that prohibit or limit certain types of plastic products due to their environmental impact both inside an outside their community. This year, CML has requested and received executive board approval for CML initiated legislation to remove this preemption and give local governments the ability to manage their local landfills in a manner that is consistent with their own long-term goals and values. SB 19-034 allows local governments to set a standard for a retail food establishment's use of ready-to-go food containers that may be discarded through recycling or composting. While this legislation does offer an exception to the statutory preemption it does not remove it entirely. CML will be supporting a full statutory repeal. Bill: SB 19-034, Prohibition On Plastic Food Containers Sponsors: Sen. Dominick Moreno, D-Commerce City, Rep. Jeni Arndt, D- Fort Collins Status: S. Local Government Position: Monitor Lobbyist:Morgan Cullen Updated 2/8/2019 Telecommunications: Utilize Electrical Service ProviderInfrastructure for Broadband As introduced, SB 19-107 authorizes electric utility providers to install and maintain above- ground broadband internet infrastructure for broadband use. Additionally, the bill will allow Statehouse Report - CML http://www.cml.org/statehouse-report/ 16 of 22 02/27/2019, 11:52 AM internet service providers to enter into a contract with a landowner to access existing easements for purposes of providing broadband internet service. Based off direction from the bill sponsor, the introduced version should be viewed more as a working draft and will change dramatically that will include feedback from several stakeholders including CML. Bill: SB 19-107, Utilize Electrical Service Provider Infrastructure for Broadband Sponsors: Sen. Kerry Donovan-D, Edwards Status: H. Business Affairs & Labor Position: Staff discretion to support Lobbyist:Brandy DeLange Updated 2/8/2019 Transportation: 2 Crew Member Requirement for RailroadTrains HB 19-1034 requires a common carrier engaged in the transportation of property by railroad to have at least 2 crew members aboard a railroad train or light engine operated in connection with carrying freight while the freight train or light engine is moving. A violation of the requirement is a misdemeanor punishable by a fine. Bill: HB 19-1034, 2 Crew Member Requirement for Railroad Trains Sponsors: Rep. Tom Sullivan, D-Centennial; Rep. Daneya Esgar, D-Pueblo Status: S. Transportation & Energy Position: Neutral Lobbyist:Morgan Cullen Updated 2/15/2019 Transportation: Allowing Motorcyclists to Proceed PastMalfunctioning Traffic Signals SB 19-144 allows a driver of a motorcycle to proceed past a traffic signal that is inoperative, that remains on a steady red or yellow light for two minutes or more, or that fails to recognize the motorcycle for two minutes or more. Bill: SB 19-144, Allowing Motorcyclists to Proceed Past Malfunctioning Traffic Signals Sponsors: Sen. Rachel Zenzinger, D-Arvada; Rep. Dylan Roberts, D-Eagle Status: S. Transportation & Energy Position: Monitor Lobbyist:Morgan Cullen Updated 2/22/2019 Transportation: Hazardous Materials Route Designations Statehouse Report - CML http://www.cml.org/statehouse-report/ 17 of 22 02/27/2019, 11:52 AM SB 19-032 expands the petitioning authority to the Colorado State Patrol for HazMat route locations to include public highway authorities and or the governmental entity in a public private partnership. The legislation also requires CDOT to conduct a feasibility study on the safe transport of HazMat material through the Eisenhower-Edwin C. Johnson Memorial Tunnel. A draft of this legislation was originally brought before the Transportation Legislative Review Committee (TLRC) last summer and was defeated by CML and other stakeholders due to significant local preemption issues. However, SB 19-032 is a much improved version of the legislation than was brought forward in 2018 and removed many of the specific issues we had with the original proposal. CML is currently reaching out to stakeholders to make sure our impacted municipalities are comfortable with the legislation before taking a position. We will continue to keep you updated on this legislation going forward. Bill: SB 19-032, Hazardous Materials Route Designations Sponsors: Sen. Ray Scott, R-Grand Junction; Rep. Julie McCluskie, D-Dillon Status: H. Transportation & Local Government Position: Monitor Lobbyist:Morgan Cullen Updated 2/8/2019 Transportation: Managed Lane Prerequisites SB 19-101 seeks to establish a set of required guidelines that CDOT must adhere to when considering the implementation of a "managed lane" (toll lane, HOV lane, or high occupancy toll lane). The bill expressly prohibits the implementation of a managed lane unless: A full cost, safety, and efficiency evaluation has been conducted. Detailed, written data-base findings have been published that clearly establish the managed lane to be the most feasible and safest option compared to all alternatives. A final report of the departments findings has been made publicly available on its website and specific public outreach efforts have been made by the department relating to the managed lane plan under consideration. Bill: SB 19-101, Managed Lane Prerequisites Sponsors: Sen. Paul Lundeen, R- Monument; Rep. Terri Carver, R-Colorado Springs Status: S. Transportation & Energy Position: Monitor Lobbyist:Morgan Cullen Updated 2/1/2019 Statehouse Report - CML http://www.cml.org/statehouse-report/ 18 of 22 02/27/2019, 11:52 AM Transportation: Modify Specific Ownership Tax Rates HB 19-1157 seeks to modify the rates of Specific Ownership Tax (SOT) imposed on motor vehicles less the 25 years old to increase total amount of revenue collected. The net increase in revenue generated, would then be transferred to Highway Users Tax Fund (HUTF) and distributed through the existing “second stream” formula used to allocate transportation funding to the state, counties and municipalities. The SOT tax in Colorado has exclusively been a local tax collected by counties on motor vehicles in lieu of a property tax. The tax is then distributed to taxing jurisdictions within the county including municipalities and school boards. The revenue generated by the SOT is not insignificant, generating over half a billion dollars in Colorado every year. Unlike, current SOT revenue, the new revenue generated could only be used for transportation related purposes. While CML is fully committed to finding a long-term funding solutions for Colorado transportation challenges, the organization is deeply concerned about expanding the SOT as a state revenue source. Furthermore, the state can never usurp the specific ownership tax revenue stream, because the Colorado ConsƟtuƟon requires all revenue from this tax to be distributed to local governments. See Colo. Const. Art. X, Sec. 6. Bill: HB 19-1157, Modify Specific Ownership Tax Rates Sponsors: Rep. Larry Liston, R-Colorado Springs Status: H. Transportation & Local Government Position: Oppose Lobbyist:Morgan Cullen Updated 2/8/2019 Transportation: State Funding For TransportationInfrastructure SB 19-051 increases the amount of transportation funds appropriated under SB 18-001 in 2019 from $150 to $340 million. The bill increases the state's HUTF portion for transportation funding from $105 million to $266 million and the local government HUTF allotment from $22.5 million to $51 million. The bill does not increase funding for multimodal infrastructure improvements. Bill: SB 19-051, State Funding For Transportation Infrastructure Sponsors: Sen. Ray Scott, R-Grand Junction, Sen. John Cooke, R-Greeley Status: S. Transportation & Energy Position: Support Lobbyist:Morgan Cullen Updated 2/8/2019 Statehouse Report - CML http://www.cml.org/statehouse-report/ 19 of 22 02/27/2019, 11:52 AM Urban Renewal: Blight Designation Notification The 10th Circuit, Court of Appeals recently ruled on M.A.K Investment Group v. City of Glendale, in which the plaintiff filed a lawsuit alleging Glendale violated the plaintiffs’ right to due process because they were not notified about a blight resolution the city had adopted. Because the blight designation did not exclude the possible use of eminent domain, it began a seven-year window in which the City could begin condemnation proceeding against M.A.K’s property. Receiving no notice, M.A.K did not seek timely review and claimed they were therefore unable to contest the designation. A three-judge panel concluded the statute was unconstitutional as applied to M.A.K because they did not receive notice that Glendale found its property blighted. CML joined an amicus request for the 10th Circuit to reconsider the decision en banc (full panel of judges), which was denied. However, the court did clarify its decision, essentially ensuring that there was no concern for prior blight designations where eminent domain was not authorized. Given this decision, the CML Special Committee on Urban Renewal recommended CML initiate legislation clearly requiring municipalities to notify all property owners when a blight designation will be considered. Bill: HB 19-1084, Blight Designation Notification Sponsors: Rep. Matt Gray, D-Broomfield Status: S. Local Government Position: Support Lobbyist:Morgan Cullen Updated 2/22/2019 Utilities: Colorado Energy Impact Assistance Act HB 19-1037 seeks to alleviate the economic and property tax ramifications of a power plant closure on adjacent communities. As older or technologically obsolete power plants are replaced with newer and cheaper forms of electricity generation, communities who depend on the property tax revenue of these plants will inevitably suffer from this transition. Realizing the economic impact that this closure will have on the local economy, this bill authorizes an electric utility to apply to the PUC to refinance a closing plant using low interest ratepayer backed bonds and substantially lower their interest rate. The majority of this savings could then be reinvested by the utility in newer and cleaner infrastructure, while a portion would be required to go back to local communities in the areas that have been financially impacted by the closure. Use of the funds would be determined by a new 7-member authority that would have oversight of the “Community Impact Assistance Funds” who in-turn would work with local governments in the area to figure out what would be best for each particular community. Financial assistance for laid-off plant workers, vocational training/retraining and local economic development are examples of potential uses of the grant money. CML appreciates the efforts of the bill sponsor to seek to alleviate the economic hardships of smaller municipalities impacted by a potential plant closure. Because the bill only impacts local governments where an actual plant closure might take place, CML is in the process of reaching out to municipalities that could be hypothetically assisted by this legislation. Also, we have heard that the bill will continue to be revised and that Statehouse Report - CML http://www.cml.org/statehouse-report/ 20 of 22 02/27/2019, 11:52 AM several amendments to the bill are currently being negotiated. For these reasons, CML is taking a monitor position at the time and will continue to the assess this legislation to make sure the bill will actually offer tangible economic benefits impacted communities. Bill: HB 19-1037, Colorado Energy Impact Assistance Act Sponsors: Rep. Chris Hansen, D-Denver Status: H. 2nd Reading Position: Monitor Lobbyist:Morgan Cullen Updated 2/15/2019 Water & Wastewater: Colorado Water Institute In 2017, the Colorado Water Institute was automatically repealed; HB19-1015 would recreate the institute in state law until July 1, 2029. In addition to recreating the institute, HB 1015 also directs the institute to consult with state and local governments, water managers and user associations, drought and climate change planning organizations, and water quality planning organizations to identify, develop and implement water research information and education for water resources, quality and related policy issues. HB 1015 was recently signed by the Governor. Bill: HB 19-1015, Colorado Water Institute Sponsors: Rep. Jeni Ardnt, D-Fort Collins Status: Signed by governor Position: Support Lobbyist:Brandy DeLange Updated 2/22/2019 Water & Wastewater: Protect Water Quality from AdverseMining Impacts HB 19-1113 will require that a reclamation plan for a new or amended permit for a mining operator demonstrate a reasonable end date for water quality treatment to ensure compliance with current water quality standards. Additionally, the bill eliminates the self-bonding option for mining operations, which codifies the current practice of the Division of Reclamation, Mining and Safety, who does not permit self-bonding operations. Along with several local government officials from around the state, CML testified in support of this legislation in the House and will do so again in the Senate on March 7 when it's heard in the Senate Agriculture and Natural Resources committee. Bill: HB 19-1113, Protect Water Quality from Adverse Mining Impacts Sponsors: Rep. Dylan Roberts, D-Avon; Rep. Barbara McLachlan, D-Durango; Sen. Kerry Donovan, D-Edwards Status: S. Agriculture & Natural Resources Position: Support Statehouse Report - CML http://www.cml.org/statehouse-report/ 21 of 22 02/27/2019, 11:52 AM Lobbyist:Brandy DeLange Updated 2/22/2019 © 2013 Colorado Municipal League 1144 Sherman Street Denver, CO 80203 (p) 303-831-6411 or 866-578-0936 | (f) 303-860-8175 | cml@cml.org Statehouse Report - CML http://www.cml.org/statehouse-report/ 22 of 22 02/27/2019, 11:52 AM