Pending Bills of Unique Interest to the City of Boulder


HB12-1003 Authorize Graywater Use 
Comment: WATER
Sponsors: FISCHER / NICHOLSON
Summary: A potential water conservation strategy for the future is the use of captured graywater within homes and potentially even businesses. Sophisticated in-home units can capture water from sinks, showers, and other related sources that would not contain human waste and then convert that water (graywater) for use in toilets and outdoor irrigation. This bill would allow that use, subject to local government approval.
News:
Status: 02/01/2012 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position: Oppose
Boulder Concerns: The city is supportive of this concept, but is nonetheless opposed to the bill. Reuse of graywater makes a lot of sense. It means the city (and other domestic water providers) would need to divert, treat, and distribute less water, all things that use energy and resources, impact the environment, cost money, etc. However, this bill runs counter to council's directive to protect against threats to the city's water rights. This bill would harm those rights because it would allow reuse of graywater for any use, whether or not it was for a use tied to the user's decreed water right. This could have an impact on return stream flows that could ultimately lead to downstream users placing calls on the water rights of junior upstream users (Boulder). Moreover, rather than give the cities the power to adopt these regulations, it simply decrees by matter of law that all users in the state can do this.

HB12-1014 Modify Late Vehicle Registration Fee 
Comment: TRANSPORTATION
Sponsors: BAUMGARDNER
Summary: Reduces the late fee for motor vehicle registration. Currently, vehicle owners pay a late fee of $25 per month, with a maximum total late fee of $100, for failure to register their vehicle on time. The late fee was instituted with the passage of the FASTER registration fee bill in 2009. This bill would reduce the late fee to a flat $20.
News:
Status: 04/26/2012 Senate Committee on Transportation Postpone Indefinitely
Position: Oppose
Boulder Concerns: There have been numerous bills introduced in the last two legislative sessions attempting to repeal or reduce the late fees established by SB 09-108 (FASTER), which Boulder supported. The primary aim of the late fee is to prompt new residents of the state to register their vehicle in Colorado and begin contributing to the maintenance of state and local roads. This bill is estimated by legislative staff to reduce HUTF revenue approximately $9 million.

HB12-1021 Coordinated And Rational Transp Planning 
Comment: TRANSPORTATION
Sponsors: VAAD
Summary: Regional transportation planning commissions would be eliminated and transportation plans for areas outside of Metropolitan Planning Organization (MPO) boundaries would be developed solely by Colorado Department of Transportation staff. MPO planning authority remains (their planning process is created by federal law). Rural municipalities’ direct participation in the state planning process is cut off. The Statewide Transportation Advisory Committee (STAC) that serves in an advisory capacity to the Transportation Commission is eliminated.
News:
Status: 02/08/2012 House Committee on Transportation Postpone Indefinitely
Position: Oppose
Boulder Concerns: This bill is similar to one that Boulder opposed last year. It would remove local input in the transportation planning process, contrary to federal law and longstanding tradition. It would give CDOT dominance in all transportation planning decisions.

HB12-1062 Employment Protections For Colorado Peace Officers 
Comment: PUBLIC HEALTH AND SAFETY
Sponsors: BARKER
Summary: This year's version of the Peace Officer's Bill of Rights mandates disciplinary due process proceedings notwithstanding any other state or local laws, and purports to preempt municipal and county authority over local personnel procedures.
News:
Status: 02/27/2012 House Committee on Local Government Postpone Indefinitely
Position: Oppose
Boulder Concerns: This legislation would infringe on employment and personnel decisions made by municipal police departments. Employees of Boulder's police department are part of a collective bargaining unit. Boulder opposes state legislation that would interfere with collective bargaining agreements and impose one-size-fits-all rules.

HB12-1088 Deadly Force Against Intruder At Place Of Business 
Comment: PUBLIC HEALTH AND SAFETY
Sponsors: HOLBERT / GRANTHAM
Summary: The bill extends the right to use deadly force against an intruder under certain conditions to include owners, managers, and employees of businesses.
News:
Status: 03/05/2012 Senate Committee on State, Veterans & Military Affairs Postpone Indefinitely
Position: Oppose
Boulder Concerns: Council adopted a position in its 2012 legislative agenda that specifically directed opposition to legislation that would expand the application of the "make my day law" beyond personal residences. Police Chief Beckner will testify against this bill on Thursday, February 2nd.

HB12-1092 Concealed Handgun Carry Without Permit 
Comment: PUBLIC HEALTH AND SAFETY
Sponsors: PRIOLA / BROPHY
Summary: The bill creates exceptions to the offenses of carrying a concealed weapon and unlawful possession of a weapon on school, college, or university grounds if the person is at least twenty-one years of age and may legally possess a handgun under the laws of Colorado and of the United States. A person who carries a concealed handgun under the exception has the same carrying rights and is subject to the same limitations as apply to a person who holds a permit to carry a concealed handgun, including but not limited to the existing limitations concerning the carrying of a concealed handgun on the real property, or in any improvements erected thereon, of a public elementary, middle, junior high, or high school.
News:
Status: 05/07/2012 House Committee on Judiciary Postpone Indefinitely
Position: Oppose
Boulder Concerns: Per its legislative agenda, the city "opposes legislation that limits the state's ability to regulate concealed weapons or local governments ability to restrict possession of weapons in public facilities."

HB12-1121 PUC Hearings Utility Ratepayers' Bill Of Rights 
Comment: ENERGY AND ENVIRONMENT
Sponsors: SCOTT
Summary: In statutes governing the conduct of rate-making proceedings by the Colorado public utilities commission (commission), the bill lists basic principles to be followed by the commission and by investor-owned public utilities seeking approval of rate increases. The principles include:
* Keeping in mind that investor-owned utilities exist for the benefit of consumers as well as utility shareholders, and that the interests of consumers should always be among the utility's highest priorities;
* Requiring utilities to share rate increase information with the public in a transparent and understandable form, including illustrating the cost impact to specific customers in addition to the hypothetical average customer;
* A prohibition on charging ratepayers for research and development costs or for complying with environmental regulations that have not yet been imposed; and
* A prohibition on recovering, from ratepayers, the utility's legal fees and costs incurred in seeking rate increases.
News:
Status: 03/16/2012 House Second Reading Laid Over to 5/10/2012
Position: Oppose
Boulder Concerns: While this bill has a lot of good provisions that protect ratepayers, there are two provisions that are of concern. First, by preventing investor owned utilities from passing on costs for complying with proposed federal environmental regulations, it removes an incentive for the utilities to be proactive on environmental matters. Secondly, by requiring utilities to provide service at the least cost, it subordinates environmental considerations.

This bill has been "held over for hearing until May 10th" which is after the last day of the session, thereby effectively meaning the bill is dead.

HB12-1136 Prohibit Use Of Public Land For Retail Sales 
Comment: TRANSPORTATION
Sponsors: RAMIREZ / ROBERTS
Summary: Would prohibit state or local governments from operating a truck stop, fueling station, or convenience store, or contracting with a private business to operate such an enterprise, on public lands, including lands on or near public roads. Also would prohibit state and local governments from opening their fleet fueling stations for use by the general public.
News:
Status: 05/02/2012 Senate Committee on State, Veterans & Military Affairs Postpone Indefinitely
Position: Oppose
Boulder Concerns: CML is opposing this bill because it prevents local governments from providing natural gas stations on public lands. Boulder's bigger concern is that the term "fueling stations" could also be interpreted to prevent expansion of its placement of electric charging stations on public lands, as has already been done at two of the city's recreation centers. The following link provides a list of existing and planned electric charging stations throughout the state, many of them on public lands: http://www.afdc.energy.gov/afdc/progs/ind_state.php/CO/ELEC

HB12-1142 New PERA Employee Defined Contribution Plan Choice 
Comment: INTERNAL ADMINISTRATIVE MATTERS
Sponsors: DELGROSSO
Summary: In addition to its defined benefit plan, the public employees' retirement association (PERA) administers a defined contribution retirement plan. The law currently allows only specified state employees to participate in PERA's defined contribution plan. The bill, as amended, would allow newly eligible employees an initial period to elect to join the defined contribution plan. Thereafter, the existing law governing participation and termination of membership in the defined benefit and contribution plans would control.
News:
Status: 03/23/2012 House Committee on Appropriations Postpone Indefinitely
Position: Oppose
Boulder Concerns: From a purely long range strategic position this bill would limit the city’s cost in the future. A defined contribution plan means the percentage of contribution is set, not the amount of the benefit. Consequently, there would never be an unfunded liability with a defined contribution plan. Moreover, the bill would limit the city’s PERA contributions in the future. For example, there would never be any "AED" or "SAED" supplementary contributions that the city would need to provide for these employees.

However, it is unlikely any newly hired older employees would choose the defined contribution choice since it does not provide any assurance that they will be able to retire. Likewise, newly hired younger employees, if they were knowledgeable, would likely take the current PERA plan since they could always withdraw their contributions and roll them to an IRA or another defined benefit plan. Accordingly, it is unlikely the bill would help the unfunded liability of PERA.

The overall actuarial soundness of any defined benefit plan counts on a continual renewal of new people coming into the plan so that investment earnings and employer contributions can keep the plan stable. When this is removed the plans becomes more volatile and, with major market downturns, would be more difficult to rebound if investment earnings went back up. Said another way, the choices this bill allows could destabilize the inflows of contributions to the plan.

The value issue is that not everyone would have enough money to retire if they were only in a defined contribution plan. If people have only been in PERA during their work life (and never contributed to Social Security or met Social Security earnings guidelines) they would not have Social Security to fall back on.

The city's main concern with this bill is its long term impact, which is unknown.

HB12-1150 PERA Seven Year Highest Average Salary Calculation 
Comment: INTERNAL ADMINISTRATIVE MATTERS
Sponsors: PRIOLA / LAMBERT
Summary: Current law averages the 3 highest annual salaries of a member of the public employees' retirement association when calculating that member's retirement benefit amount. The bill increases the number of highest annual salaries used from 3 to 7 for members who are first eligible to retire on or after January 1, 2013. As amended by House Finance, the bill applies only to employees that are new or that have not vested.
News:
Status: 04/12/2012 Senate Committee on Finance Postpone Indefinitely
Position: Oppose
Boulder Concerns: The city supports reforms informed by a comprehensive evaluation of the impacts of those changes ensuring no unnecessary increases to employer or employee contributions or reductions in employee benefits. However, as one of the largest of the 24 member governments in PERA’s Local Government Division, Boulder will oppose piecemeal state legislation that has unknown financial impacts.

HB12-1171 Limit Public Hwy Authorities Noncompete Agreements 
Comment: TRANSPORTATION
Sponsors: TYLER
Summary: The bill prohibits a public highway authority from entering into a noncompete agreement with a public entity if the agreement would degrade an existing roadway or delay or prevent the construction or upgrading of a road or highway that is included in a fiscally constrained regional transportation plan or in the fiscally constrained statewide transportation plan.
News:
Status: 02/22/2012 House Committee on Transportation Postpone Indefinitely
Position: Support
Boulder Concerns: Consistent with the language in the IGA between the city, Boulder County and Jefferson County, Boulder opposes so called "non-compete" clauses that could preclude necessary maintenance or improvements on Highway 93.

HB12-1234 Allow Customers To Be Heard In PUC Proceedings 
Comment: ENERGY AND ENVIRONMENT
Sponsors: TYLER
Summary: The bill clarifies that, for purposes of the rules governing intervention in administrative hearings before the Colorado public utilities commission (PUC), customers of a business regulated by the PUC qualify as persons who "will be interested in or affected by" the PUC's order.
News:
Status: 03/01/2012 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position: Support
Boulder Concerns: Boulder has many active citizens who share the city's energy goals. Those citizens should be allowed to participate in the PUC process on issues which they have a stake in.

HB12-1250 PERA Health Care Trust Fund Employer Contributions 
Comment: INTERNAL ADMINISTRATIVE MATTERS
Sponsors: HOLBERT / HARVEY
Summary: The public employees' retirement association (PERA) administers a health benefits program for governmental employers within PERA who elect to belong to the program. Currently, a portion of the employer's share of contributions to PERA equal to 1.02% of its employees' salaries is paid into the PERA health care trust fund (trust fund). These moneys, along with interest and investment income in the trust fund, are used to provide a premium subsidy for retirees to purchase health care coverage through the program. Retirees pay the difference between the amount of the subsidy and the premium for the particular health plan they select. The amount of the subsidy increases for each year of service credit the retiree earned as an employee, with a full subsidy provided to retirees with 20 or more years of service credit. The full subsidy currently specified in law is $230 for retirees who are not eligible for medicare and $115 for retirees who are eligible for medicare. The PERA board is authorized to change the amount of the subsidy by rule. Beginning January 1, 2013, the bill modifies the way employers contribute towards the premium subsidy for PERA retirees. Instead of contributing based on the amount of current employees' salaries, the bill requires employers to contribute an amount equal to the subsidies paid out on behalf of retirees each year. The amount of the subsidy continues to be specified in statute; however, it cannot be modified by the PERA board and any future changes to the subsidy may only be made by the general assembly acting by bill. The premium subsidy for retirees who are eligible for medicare is also eliminated.
News:
Status: 02/23/2012 House Committee on Finance Postpone Indefinitely
Position: Oppose
Boulder Concerns: As with the other PERA bills, this has no impact analysis. It would seem to have an impact on cash flow for PERA, but since it was not analyzed it is unknown.

HB12-1258 Alternative Fuel Vehicle Charging Facilities 
Comment: ENERGY AND ENVIRONMENT
Sponsors: DELGROSSO / JAHN
Summary: The bill specifies that sellers of electricity as fuel for alternative fuel vehicles are not regulated as public utilities. Generating electricity for sale as fuel for alternative fuel vehicles also does not make the seller subject to regulation as a public utility if the seller generates the electricity on the property where the fueling facilities are located and the electricity is generated from a renewable resource. Public utilities must make commercially reasonable efforts to provide connection of electric and natural gas service to alternative fuel vehicle charging facilities. A public utility's right to make unregulated operating expenditures and investments via an unregulated subsidiary with regard to alternative fuel vehicle charging facilities is not limited.
News:
Status: 05/03/2012 Governor Action - Signed
Position: Support
Boulder Concerns: HB 1258 opens up the market for vehicle charging. By eliminating regulatory uncertainty, the new law creates opportunities for retail businesses to operate charging stations, giving drivers options for recharging their vehicles away from home. Though much remains to be done, including getting more renewable energy in place to power our electric cars, HB1258 takes a big initial step toward reducing global warming pollution and dangerous tailpipe emissions in our transportation system.

HB12-1264 Facilitate Distributed Energy Generation In CO 
Comment: ENERGY AND ENVIRONMENT
Sponsors: SOLANO
Summary: Section 1 of the bill declares that Colorado's efforts to incorporate distributed generation (DG) from renewable sources could be improved through the adoption of updated standards for interconnection between customer-generators of DG and the utility-owned distribution networks into which they feed power. Section 2 directs the Colorado public utilities commission (PUC) to adopt amended rules on interconnection, using as a basis the recommended standards developed by the interstate renewable energy council, especially with regard to:
* Customer-generator insurance requirements, including a limitation on scope to include only liability for property damage to the utility's infrastructure and a complete exemption for systems below a threshold size; and
* Standards of review for compatibility with the distribution system, incorporating a catchall standard for systems that do not fit within the existing 3 categories specified in PUC rules. Section 3 creates a task force on DG interconnection issues to meet during the 2012 interim and produce an initial report to specified committees of the general assembly concerning ways in which interconnection and related issues could be addressed in order to further facilitate the deployment of DG from renewable sources in Colorado.
News:
Status: 02/20/2012 House Committee on Agriculture, Livestock, & Natural Resources Postpone Indefinitely
Position: Support
Boulder Concerns: This bill updates and normalizes interconnection protocol. It does not stray in to a standard offer that would be more akin to a feed-in tariff. This type of standardization could be perceived as a first step toward a FIT, which the city could also support.

HB12-1277 Local Control Oil Gas Regulation 
Comment: NATURAL RESOURCES
Sponsors: JONES / BACON
Summary: The bill clarifies that oil and gas operations are subject to local governments' authority, as well as the authority of the oil and gas conservation commission. The bill establishes that oil and gas operations are subject to the same local government control as is established for other mineral extractions.
News:
Status: 02/20/2012 House Committee on Local Government Postpone Indefinitely
Position: Support
Boulder Concerns:

HB12-1278 South Platte Groundwater Study Augmentation 
Comment: WATER
Sponsors: FISCHER
Summary: As amended, the bill now merely authorizes a study of the interaction between the South Platte alluvial aquifer and surface streams.
News:
Status: 05/30/2012 Governor Action - Signed
Position: Monitor
Boulder Concerns: The city's original concerns with this bill have been addressed through amendments. Our interest in this measure comes from the fact that the city's water supply is linked to the South Platte River, both physically and legally. When users take and do not replace (augment) water from certain wells near the river, it eventually results in less water in the river. The time delay between use of a well and reductions in river flow can range from days to years depending on distance of the well from the river. Eventually, however, the result is less water to meet downstream needs. When downstream surface water users hold senior rights and don't receive enough water, they place a "call" against the river and force upstream junior water rights owners to send water downstream. Once the calls reach the highest diverter upstream, the call cannot be transferred any further - no matter the seniority of the right. Since Boulder's diversion points are near the Continental Divide, it receives the "last domino" effect and bears much of the brunt of replacing the water for the unaugmented well use.

In prior years, Boulder lost thousands of acre-feet of the city's water because of the lack of proper well augmentation on the South Platte River. In 2006, Boulder had to release 4,000 acre-feet of water to meet downstream calls. Loss of this reservoir water increases Boulder's risk of severe water shortages during drought years. In non-drought years, use of this water could be leased annually to Boulder Creek basin farmers for approximately $25 per acre-foot. This represents a $100,000 loss to the city in any year that 4,000 acre-feet of water is given up. If Boulder had to acquire new water rights to permanently replace 4,000 acre-feet of water lost to the wells annually (to assure the city would have enough water during droughts), this would cost about $48 million.

Because of the considerable and unique impact from these depletions, Boulder and several other surface water rights users expended a significant amount of money and time during the past decade in Water Court seeking relief. After a complicated process that took years to complete, the court issued numerous water decrees that prohibit pumping of wells without assurance that current and future depletions would be replaced and require replacement of ongoing depletions from past pumping of wells still being used, depletions which are still making their impact to the South Platte River to this date.

Now, after a few wet years, the groundwater in some areas of the South Platte River basin is beginning to return to historical levels. This does not mean, however, that the impact to the river from past well pumping has been addressed in those areas or in general, because depletions from past pumping will continue to occur for many years regardless of groundwater levels. Nevertheless, the higher water levels have resulted in some challenges including flooding the basements of certain properties built during a time of lower water levels. These owners are now seeking relief from the legislature and are being joined by certain well users.

HB12-1309 Colorado Mandatory E-verify Act 
Comment: LOCAL CONTROL
Sponsors: SWALM / KING K.
Summary: HB 12-1309 would change current law that places certain requirements on employers to examine, and retain records of examining, the legal work status of new employees. It would mandate the use of “E-verify,” the federal electronic verification program to verify eligibility status for all new employees. Employers that fail to participate in E-verify would be subject to fines by the Department of Labor and Employment. The bill was amended to create a “safe harbor” for employers that inadvertently hire anyone not legally entitled to reside in the U.S.
News:
Status: 05/08/2012 House Committee on Appropriations Refer Unamended to House Committee of the Whole
Position: Oppose
Boulder Concerns: The city is concerned about this unfunded mandate and infringement on local personnel matters. Although it has the option, the city does not currently use E-verify because of security concerns (identify theft) when entering confidential data into an electronic databases and the potential to receive erroneous "non-confirmation" of eligibility to work in the U.S. responses. These errors can arise from typos or inconsistencies when various government agencies enter data into that agency’s database. For example, certain cultural groups have multiple surnames. If the social security office records this differently than the agency that creates a naturalization document or if either agency makes a typo, this will result in the E-Verify system sending out a “nonconfirmation” to the potential employer. Because this is more likely to affect foreign-born individuals, this can lead to an appearance of discrimination. Another way a false nonconfirmation can occur is when an individual has not updated any name changes to the appropriate agencies in a timely manner. This can be a huge, time-consuming hassle for the individual to try to straighten out the discrepancy in the information especially since it can be difficult to determine the source of the incorrect data. In some cases the individual may have to resort to a Privacy Act request, which can be a lengthy process.

HB12-1315 Reorganization Of Governor's Energy Office 
Comment: ENERGY AND ENVIRONMENT
Sponsors: BECKER / STEADMAN
Summary: As the bill stands now, the reorganized Governor’s Energy Office (that will be renamed the “Colorado Energy Office”) would continue to promote clean-energy solutions, but new language would require that traditional energy sources be promoted along with renewable sources. Two separate funds would be established within the office – one that focuses activities on renewable energy projects and the other that focuses activities on innovative energy projects. The latter (the "Innovative Energy Fund") would be funded by the state's severance tax trust fund and be limited to projects related to the severance of minerals.
News: Release: Becker’s laws benefiting energy development and rural Colorado to go in effect
Hickenlooper signs bills for OEDIT, revamped state office
Status: 05/24/2012 Governor Action - Signed
Position: Amend
Boulder Concerns: GEO will have very little to no funding to continue operating after this July if some version of this bill is not enacted. This is reportedly partly due to legislation passed last year which prevents the office from continuing to receive limited gaming funds. Accordingly, while the expansion of the mission of GEO to include conventional fossil fuels is certainly a disappointment, there does appear to be a need for compromise. For example, tapping into severance tax funding, as proposed by this bill, will require a demonstration of a nexus between the office's work and conventional fuels. Moreover, Governor Hickenlooper has already changed GEO's mission to be in line with what this bill proposes. So in many ways, this bill merely codified that administrative change.

Nevertheless, there are certainly provisions of this bill which should and are expected to be changed, such as the proposal to identify a dedicated source of funds for fossil fuel energy, but not for renewable energy. GEO and others are supporting such changes.

HB12-1320 Energy-related Assistance Low-income Households 
Comment: ENERGY AND ENVIRONMENT
Sponsors: ACREE
Summary: The bill repeals the governor's energy office's program for providing home energy efficiency improvements for low-income households. The bill also redirects money to the department of human services low-income energy assistance fund for the purpose of increasing available funding under the low-income energy assistance program from:
* Money currently allocated to the governor's energy office for the office's home energy efficiency improvements program; and
* Money currently allocated to the energy outreach Colorado low-income energy assistance fund used by energy outreach Colorado to provide direct bill payment assistance to low-income households when the department of human services is not accepting client applications for the low-income energy assistance program.
News:
Status: 04/23/2012 House Committee on Agriculture, Livestock, & Natural Resources Postpone Indefinitely
Position: Oppose
Boulder Concerns: This bill would create several problems by moving the Low Income Energy Assistance Program (LEAP) funding for weatherization from GEO to the Department of Human Services and ultimately to counties who administer these funds. It effectively takes money from Energy Outreach Colorado, an organization which holds several advantages in providing weatherization services to those in need. First, EOC covers those who are above the eligible federal poverty level for LEAP. Counties cannot set their own LEAP eligibility levels. Consequently, if Boulder County gets more money from the state then they could disburse under the current federal poverty level standards, they could not set the eligibility level higher. Also, EOC provides assistance for smaller muni and coop electric providers and not just natural gas. LEAP mostly covers natural gas.

The other issue is the federally allowable amount that can be spent on administration. This bill extends the program year round (which Boulder county already does, both other counties do not), but does not extend the administrative funding to do the work that EOC currently does, which is a lot of outreach to those rural and small communities not in Xcel;s territory. It’s doubtful that counties would have the capacity to do this work without the funding to support it.

HB12-1351 Recycled Energy Includes Gas Derived From Waste 
Comment: ENERGY AND ENVIRONMENT
Sponsors: BECKER / TOCHTROP
Summary: Currently, recycled energy is a type of eligible energy resource that may be used to meet renewable energy standards. The bill adds to the definition of "recycled energy" the energy that is produced by a generation unit with a nameplate capacity of not more than 15 megawatts that combusts gas generated from synthetic gas derived from waste materials through pyrolysis as the fuel source for generation.
News:
Status: 05/09/2012 Senate Third Reading Laid Over to 05/10/2012
Position: Oppose
Boulder Concerns: This bill, much like HB 1160 dealing with the capture of methane gas at coal mines, would weaken Colorado’s Renewable Energy Standard (RES). Like coal mine methane, it may be appropriate to capture and reuse this fossil fuel-based resource. At this point in time, however, we do not enough about “syngas” to make this determination, let alone to do so to the possible detriment of the RES.

HB 1351 distorts the efficient role of recycled energy in the RES. The RES defines “recycled energy” as the electricity generated from heat that is otherwise lost as exhaust from a facility or industrial process, without the combustion of additional fossil fuel. The RES adopts this definition in order to keep a tight focus on the efficient use of otherwise wasted heat energy in a way that uses no additional fossil fuels and creates no additional emissions. Since syngas is produced at high temperatures in an energy-intensive process, initiated with natural gas, it cannot meet this standard of efficiency for recycled energy.

Synthesis gas is also incompatible with the clean and renewable resources in the RES. Syngas produced from waste materials is dirty. Burning syngas creates a bigger carbon footprint than burning natural gas. The burning of syngas can also release toxins into the air, potentially including heavy metals and dioxins.

Syngas is not produced wholly from renewable resources. Some of the waste materials used to make syngas, such as paper and grass trimmings, are derived from regenerating carbon sources, but some, such as plastics and rubber, are produced from fossil fuels.

Again, depending on circumstances, syngas might play some role in a lower-carbon energy future, but HB 1351 would carve out an exception to the focus of the RES on promoting renewable resources. If utilities seek to rely on syngas for purposes of complying with the RES, they should first meet the RES standards with existing "eligible energy resources.”

HCR12-1003 Process For Amending The State Constitution 
Comment: DEMOCRACY AND GOVERNANCE
Sponsors: COURT & ... / SPENCE & ...
Summary: *** No bill summary available ***
News:
Status: 05/02/2012 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position: Support
Boulder Concerns:

SB12-002 Civil Unions 
Comment: HUMAN RIGHTS
Sponsors: STEADMAN
Summary: This bill would grant gay and lesbian couples many of the same legal protections that heterosexual couples now enjoy.
News: Anarchy, chaos behind Colorado civil unions bill may have long-lasting effects
Status: 05/08/2012 House Committee on Appropriations Refer Amended to House Committee of the Whole
Position: Support
Boulder Concerns: This bill is consistent with council's position to support legislation furthering the rights of all people regardless of their actual or perceived sexual orientation or gender variance status.

SB12-015 Creating Optional Category Of Higher Ed Tuition 
Comment: HUMAN RIGHTS
Sponsors: GIRON
Summary: Known as "Colorado Asset," the bill would creates a third category of college tuition called standard-rate tuition (essentially in-state tuition without any state subsidy). To be eligible for this rate, a student, regardless of immigration status, must attend three or more years of high school in Colorado and graduate or obtain a GED. The student will then have to apply and be accepted at one of Colorado’s institutions of higher learning within 12 months after graduating or earning a GED. An opt-out provision is included for colleges.
News: GOP Lawmakers Challenge Hickenlooper On Subsidized Tuition For Illegal Alien Students
Metro State College of Denver OKs tuition cut for illegal immigrants
Status: 04/25/2012 House Committee on Finance Postpone Indefinitely
Position: Support
Boulder Concerns: Per it's legislative agenda, "[t]he City of Boulder has been, and remains, committed to the protection of civil and human rights for all people. It believes in the dignity of all Boulder residents, regardless of immigration status, and recognizes the importance of their many contributions to the social, religious, cultural and economic life of the city.

The failures of the U.S. immigration system have had profound impacts within the Boulder community. These include very young students losing motivation to excel in their learning because of knowledge that they lack affordable higher educational opportunities and the existence of an underclass, climate of fear, informal economy and work force inequities. . . .

The city supports state legislation that would prevent discrimination in higher education by providing in-state tuition to military personnel who served abroad or persons, regardless of immigration status, who: attend a Colorado high school for at least 3 years, graduate or acquire a GED from a Colorado high school, enroll in a higher education institution within 12 months of graduation, remain in good academic standing, and are competent in the English language upon graduation from high school."

SB12-016 Local Gov Option To Change PERA Contribution Rates 
Comment: INTERNAL ADMINISTRATIVE MATTERS
Sponsors: LAMBERT / DELGROSSO
Summary: The employer and member contribution rates for the public employees' retirement association (PERA) are specified in statute. For the calendar year beginning January 1, 2013, the bill allows employers in the local government division of PERA only to decrease the employer contribution rate and increase the member contribution rate by an amount to be determined by the employer, so long as:
* The total of the employer and member contribution rates is not less than the total of the employer and member contribution rates currently required to be delivered to PERA on behalf of each employee of an employer; and
* The increase in the member contribution to PERA and the corresponding decrease in the employer contribution is not greater than 2.5%. Any change to the employer and member contribution rates to PERA is required to occur through a vote of the governing body of the employer at an official meeting of the governing body. Any employer that votes to alter the employer and member contribution rates to PERA is required to provide annual notice to PERA regarding the percentage of the employer and member contributions.
News:
Status: 01/30/2012 Senate Committee on State, Veterans & Military Affairs Postpone Indefinitely
Position: Support
Boulder Concerns: This is an option Boulder could benefit by, although one we might choose not to use. As one of the largest of the 24 member governments in the Local Government Division, Boulder supported this bill after having an amendment drafted and introduced at the committee hearing that would have addressed allocation of accrued unfunded liabilities and accounting costs.

SB12-050 Prohibit Red Light Camera Vehicle Identification 
Comment: TRANSPORTATION
Sponsors: RENFROE / BAUMGARDNER
Summary: Local governments and state law enforcement would no longer be able to use automated vehicle identification systems as a law enforcement tool under SB 12-050. Red light camera and photo speed radar would be prohibited. Automatic camera use would be allowed to identify vehicles on toll lanes for billing purposes.
News:
Status: 02/21/2012 Senate Committee on Transportation Postpone Indefinitely
Position: Oppose
Boulder Concerns: Boulder is one of nine cities in Colorado that uses photo enforcement to enhance the safety of its streets. The red light locations in Boulder were carefully selected due to a historic rate of higher accidents over other locations. Use of photo enforcement at these red light locations has yielded significant safety benefits and reduced red light running accidents by 50 percent. Moreover, fewer and fewer red light tickets are issued at these locations each year due to increased compliance. Nevertheless, removal of these cameras could result in accident rates and non-compliance returning to per-enforcement levels.

Quantifying photo speed enforcement success is somewhat more difficult. It is implemented per strict state statute requirements that limit where it can be placed. It enables the city to enforce speed limits in neighborhood locations that do not have a high enough volume of traffic to justify deployment of officers. It is particularly effective in school zones. One conclusion that can be made is that photo speed enforcement has enhanced the safety of neighborhood streets and school zones by reducing speeding.

In 2010, the city's photo enforcement program processed 21,974 speeding and 13,770 red light running violations. Fines associated with these violations generated $1,720,000 in revenue at a cost to the city of $1,502,000. Final numbers are currently being compiled for 2011 and will be available shortly.

The true cost associated with motorists running red lights and speeding through neighborhoods is not captured in the financial information provided above. It is best quantified in the cost to our community associated with the personal injury and property damage from motorists speeding and running red lights. Recent studies have shown that the average red light camera location in the U.S. results in $38,000 a year in reduced societal costs, not to mention the number of lives and grief saved from fewer right-angle crashes. For Boulder with our eight (8) red light running cameras, this results in $304,000 in societal cost saved annually.

It would be better from a safety perspective for the legislature to expand, not further restrict, the use of photo enforcement strategies. Several other states have enabled the ability to use photo enforcement to enforce traffic laws requiring motorists to stop for school buses when they are picking up and letting students off the bus.

SB12-052 Local & Statewide Assessed Prop Tax Exemption 
Comment: TAX POLICY
Sponsors: SCHEFFEL / PRIOLA
Summary: There are two elements to SB 12-052: the first part increases the exemption of property subject to business personal property tax (BPPT) from the current $7,000 to $14,000 of property value, while the second part caps business personal property assessments at current levels, with an inflation factor, for state assessed utilities and businesses for the next ten years. Large, multi-county operations such as oil and gas, utilities and railroads are assessed BPPT by formula by the state property tax administrator.
News:
Status: 02/16/2012 Senate Committee on Finance Postpone Indefinitely
Position: Oppose
Boulder Concerns: This is an expensive infringement on Boulder's home rule authority to assess taxes. It would result in a major revenue decline over time and erode the property tax base.

SB12-081 Local Gov Sprinkler Installation Requirements 
Comment: LOCAL CONTROL/PUBLIC HEALTH & SAFETY
Sponsors: GRANTHAM
Summary: SB 12-81 prohibits a county or municipality from requiring sprinklers to be installed in single-family dwellings.
News:
Status: 02/16/2012 Senate Committee on Local Government Postpone Indefinitely
Position: Oppose
Boulder Concerns: If adopted, this legislation would obstruct Boulder's ability to determine the level of fire protection in our community. Several communities throughout Colorado have already adopted local laws that require fire sprinklers in certain houses/townhouses. Their current fire safety methods are based on that protection. This bill challenges a municipality's ability to continue their current fire protection strategies as adopted. CML staff will oppose this legislation along with the Fire Marshal's Association of Colorado. The state fire chiefs’ association are reportedly also opposing the bill.

SB12-082 PERA Retirement Age Same As Social Security 
Comment: INTERNAL ADMINISTRATIVE MATTERS
Sponsors: HARVEY
Summary: A person's qualification to receive a retirement benefit from social security is based upon the person's age. Currently, the age requirement is between the ages of 65 and 67, depending on the person's birth date, for full retirement and 62 for reduced retirement. A person's qualification to receive a retirement benefit from the public employees' retirement association (PERA) is currently based on the person's age, when the person started employment with a PERA employer, and the number of years of service credit the person has earned. For a new PERA employee hired on or after January 1, 2013, the bill makes the eligibility requirement to receive a PERA retirement benefit the same as the requirement to receive a retirement benefit from social security at the time the employee commences employment.
News:
Status: 02/09/2012 Senate Committee on Finance Postpone Indefinitely
Position: Oppose
Boulder Concerns: This bill would not impact the city's current employees so we would not be expected to see any rush of people taking retirement. However, it is quite possible that it could end up costing the city more in the future. Currently people can retire earlier and their benefit is derived by the number of years worked times a percent of the average of their three highest salary years. This bill would require people to work longer so most likely their ending salary would be significantly higher and they would have more years of service. Consequently, PERA would have to pay out more money for each person. This could drive up unfunded liabilities.

At the same time it could mean that employer money would be going into the plan in large amounts for a longer time. Granted, people would not live as long after they retire so less years would be paid out but we would not not know what the dollar amount of the trade-offs would be. The funding formulas and payout formulas are very different for PERA and Social Security. In PERA the employee gets to take their contributions with them if they leave. They do not get to do that if they are in social security. This has a very large impact on the stability of what will be available in the future to make payments to recipients.

The reality of the last two major financial downturns is people are going to have to work longer and PERA’s current benefits do not take this new reality into account. Unless there was a comprehensive analysis on the impacts of this bill that shows it would not cost the city more, the city would be very concerned with this bill. If that analysis was not conducted, the bill should be amended to require this analysis.

SB12-088 Preempt Local Regulation Of Oil & Gas Operations 
Comment: LOCAL CONTROL
Sponsors: HARVEY
Summary: Declares oil and gas regulation a matter of statewide concern and expressly preempts all local regulation of "oil and gas operations." Colorado statutes give the latter term an exceedingly broad scope, so too would be the preemptive scope of this bill should it be enacted. The bill reverses longstanding Colorado law recognizing a local role in dealing with the land use impacts of this industry.
News:
Status: 02/16/2012 Senate Committee on Local Government Postpone Indefinitely
Position: Oppose
Boulder Concerns: While it is still unknown how much of Boulder, its open space lands, or its watershed, could be subject to or impacted by fracking, the city nonetheless opposes this infringement on local control. At a minimum, the right of local government’s to regulate issues such as noise, traffic and dust must be preserved.

SB12-105 Collateral Consequences 
Comment: PUBLIC HEALTH AND SAFETY
Sponsors: STEADMAN / LEVY
Summary: This bill mandates that municipal courts have to inform a defendant in writing about the potential consequences of conviction at their first court appearance and at sentencing. Municipal courts would be required to give a defendant on an ordinance violation an advisement form. The form would state that there may be collateral consequences to a conviction, and the defendant can review the state public defenders website to view a comprehensive list of possible consequences. Upon sentencing, municipal courts would also be required to advise a defendant of the right to request sealing of the record of their conviction. There is a significant concern that this is imposing substantial financial obligations on municipal courts without any funding mechanism. In addition to the notice concerns, the bill also allows a person convicted of a petty or municipal offense to petition the district court for sealing the record of the conviction 3 years after the conviction occurred. Currently, the bill does not make is clear that it would not apply to traffic violations, just criminal ordinance violations. Finally, the bill specifies that employers, shall not, in any application or interview or in any other way, require an applicant to disclose any information concerning the sealed conviction records. An applicant need not, in response to any question concerning conviction records that have been sealed, include a reference to or information concerning the sealed conviction records. The applicant may also state that they have not been criminally convicted. The bill specifically lists local government agencies on the list of affected employers.
News:
Status: 05/08/2012 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position: Oppose
Boulder Concerns:

SB12-118 Repeal 25 Percent Food Threshold Liquor License 
Comment: HEALTH AND SAFETY
Sponsors: WHITE / ACREE
Summary: As introduced, the bill would have eliminated the requirement for 25% food sales by establishments with Hotel and Restaurant Liquor Licenses. As amended on Feb. 28th by the Senate Local Govt. Committee, the bill now instead clarifies that the 25% requirement is to be measured for "ANY PERIOD OF TIME OF AT LEAST ONE YEAR."
News:
Status: 05/24/2012 Governor Action - Signed
Position: Monitor
Boulder Concerns: The City of Boulder offers a waiver to the ban on liquor licenses within 500 feet of schools if the license class being sought is for a H&R. City Council made this decision in order to balance the need for economic vitality in areas like the University Hill against the need to protect the health and welfare of a vulnerable part of our community. The city supports the continuation of the 25% requirement because it creates a line of defense for neighborhoods and other businesses to know that if a hotel-restaurant license is applied for, then the approved establishment will operate that way. Most of the city's restaurants by far exceed the 25% food service requirement making this a non-issue. A few, however, are on the line and should out of fairness to the neighborhoods apply for a tavern license to allow their business model to be evaluated in light of the needs and desires of the community for such business.

Without the 25% requirement, any distinction between the H&R class of license and the “tavern” or “beer and wine” class of license would disappear. H&R licensees would be free to provide minimal food (much like the sandwich and snack standard that applies to taverns) and continue to operate, regardless of what promises were made to the neighborhood when their license was granted.

While the city opposed the bill as introduced, as amended by the Senate Local Govt. Committee, the city is now neutral on the measure.

SB12-119 PERA Fiscal Sustainability 
Comment: INTERNAL ADMINISTRATIVE MATTERS
Sponsors: NEVILLE / HOLBERT
Summary: The bill requires the board of the public employees' retirement association (PERA) to adjust the provisions governing service credit, service retirement, benefit amounts, annual benefit increases, and other benefit requirements for each PERA division when the amortization period for the division exceeds 30 years or when indicated by actuarial experience. The board is required to make the adjustments as equitably as possible and only to the extent necessary to maintain the long-term actuarial soundness of each trust fund. Adjustments shall be calculated to make each trust fund actuarially sound within one year of implementing the adjustment. The board and the general assembly are prohibited from increasing the combined rate of member contributions, employer contributions, amortization equalization disbursements, and supplemental amortization equalization disbursements above the combined rate of such contributions and disbursements authorized by law as of December 31, 2011.
News:
Status: 02/09/2012 Senate Committee on Finance Postpone Indefinitely
Position: Oppose
Boulder Concerns: This would unilaterally force the board of PERA to reduce employee retirement benefits, including those who have already vested, if the amortization period for the division exceeds 30 years and furthermore requires that such adjustments be made in one year. Unlike money market or cash accounts, pension plans have long time horizons. It is not realistic for pension plans to be subject to such requirements when markets can be so volatile and unpredictable. Peaks and valleys need to be looked at over a longer time horizon than one year.

SB12-133 Recycle Electronic Devices Divert From Landfills 
Comment: ENERGY AND ENVIRONMENT
Sponsors: SCHWARTZ
Summary: The bill prohibits the disposal of certain consumer electronic devices in landfills, effective by a date established by the solid and hazardous waste commission. Disposal in landfills located in communities that are not well-served by electronic device recycling facilities may be exempted from the ban. Beginning July 1, 2013, state agencies must arrange for the recycling of such devices with a certified recycler. The department of public health and environment must coordinate with existing public and private efforts pertaining to the development and implementation of a public education program regarding electronic device recycling. As amended by the Senate, the bill allows county's to opt-out of the requirement if that county does "NOT HAVE AT LEAST TWO ELECTRONIC WASTE RECYCLING EVENTS PER YEAR OR AN ONGOING ELECTRONIC WASTE RECYCLING PROGRAM THAT SERVES RESIDENTS OF THE COUNTY."
News:
Status: 04/20/2012 Governor Action - Signed
Position: Support
Boulder Concerns: The city is concerned with the environmental hazards posed by electronic waste in landfills. Therefore, the city supports the concept behind legislation like this that would prohibit the disposal of certain consumer electronic devices in landfills.

Adjusting to the requirements of this bill would be relatively simple in Boulder because we already have existing infrastructure in place to responsibly recycle electronics (the City of Boulder/Eco-Cycle Center for Hard-to-Recycle Materials and private recyclers).

However, the city is concerned about the lack of a funding mechanism within the bill to assist communities and/or organizations in establishing responsible collection infrastructure.

The city also believes there should be indemnification language included in the bill for individuals or organizations who try to responsibly recycle their electronics but the recycler gets charged with illegal dumping.

Finally, the city believes the bill should require all recyclers to be held to a certification standard. There’s a few listed in this bill for the recyclers of the State’s electronics, but no certifications required for other recyclers. Without such certification, there is a good chance that irresponsible recyclers could offer free or low-cost services that dump illegally or improperly handle materials intended for recycling.

SB12-142 Pilot Projects Reduce Augmentation Requirements 
Comment: WATER
Sponsors: BROPHY / SONNENBERG
Summary: The bill authorizes the state engineer to reduce, temporarily, augmentation requirements in areas where groundwater levels are at or near historic high levels of groundwater saturation through the creation of 3 pilot projects.
News:
Status: 02/16/2012 Senate Committee on Agriculture, Natural Resources, and Energy Postpone Indefinitely
Position: Oppose
Boulder Concerns: The city's water supply is linked to the South Platte River, both physically and legally. When users take and do not replace (augment) water from certain wells near the river, it eventually results in less water in the river. The time delay between use of a well and reductions in river flow can range from days to years depending on distance of the well from the river. Eventually, however, the result is less water to meet downstream needs. When downstream surface water users hold senior rights and don't receive enough water, they place a "call" against the river and force upstream junior water rights owners to send water downstream. Once the calls reach the highest diverter upstream, the call cannot be transferred any further - no matter the seniority of the right. Since Boulder's diversion points are near the Continental Divide, it receives the "last domino" effect and bears much of the brunt of replacing the water for the unaugmented well use.

In prior years, Boulder lost thousands of acre-feet of the city's water because of the lack of proper well augmentation on the South Platte River. In 2006, Boulder had to release 4,000 acre-feet of water to meet downstream calls. Loss of this reservoir water increases Boulder's risk of severe water shortages during drought years. In non-drought years, use of this water could be leased annually to Boulder Creek basin farmers for approximately $25 per acre-foot. This represents a $100,000 loss to the city in any year that 4,000 acre-feet of water is given up. If Boulder had to acquire new water rights to permanently replace 4,000 acre-feet of water lost to the wells annually (to assure the city would have enough water during droughts), this would cost about $48 million.

Because of the considerable and unique impact from these depletions, Boulder and several other surface water rights users expended a significant amount of money and time during the past decade in Water Court seeking relief. After a complicated process that took years to complete, the court issued numerous water decrees that prohibit pumping of wells without assurance that current and future depletions would be replaced and require replacement of ongoing depletions from past pumping of wells still being used, depletions which are still making their impact to the South Platte River to this date.

Now, after a few wet years, the groundwater in some areas of the South Platte River basin is beginning to return to historical levels. This does not mean, however, that the impact to the river from past well pumping has been addressed in those areas or in general, because depletions from past pumping will continue to occur for many years regardless of groundwater levels. Nevertheless, the higher water levels have resulted in some challenges including flooding the basements of certain properties built during a time of lower water levels. These owners are now seeking relief from the legislature and are being joined by certain well users.

The city sympathizes with the situation these property owners have found themselves in. However, the approach proposed by this bill is most certainly not appropriate. In keeping with Colorado’s well-established prior appropriation doctrine and judicial system for determining rights to use water, decisions that negatively impact the water rights of other users are addressed by the water court where all affected parties have a full and fair opportunity to present their concerns. It is that venue that has been charged with the authority to review the often extremely complicated legal and factual matters that must be addressed in situations like this.

SB 142 bypasses the water court process, which is guided by detailed statutory standards, in favor of a less transparent process before the State Engineer for which few standards are provided.  SB 142 also allows the State Engineer to disregard the terms contained in decrees that have already been approved by the water court for augmentation and recharge plans.  This approach undermines the certainty and reliability of these court decrees for all water users.

SCR12-002 Lottery Games For State Veterans Assistance Grants 
Comment: NATURAL RESOURCES AND WILDLIFE
Sponsors: WILLIAMS S. & ... / RAMIREZ & ...
Summary: SCR-2 directs the state lottery commission to create one or more new scratch tickets and/or lotto games, separately administered from the existing lottery, whose proceeds would fund a newly created Veterans Assistance Grant Fund.
News:
Status: 04/16/2012 Senate Committee on State, Veterans & Military Affairs Reconsider
Position: Oppose
Boulder Concerns: The city is concerned that there is only a limited amount of demand for purchasing state lottery tickets. A new lottery tied to veteran programs may expand that demand somewhat, but would inevitably also decrease the amount of funding available for GOCO.

The city has financed several projects important to our community using GOCO funds. We fully recognize that there is a dire need to provide increased services to the valiant men and women who served in uniform. It is for this reason that the city has programs that are designed to meet the unique needs of this population; a preliminary list which has been provided to Senator Heath and will be sent to our House representatives.

We believe, however, that additional funding for these veteran programs should come from a source that does not compete with funding that the people of Colorado have already determined, and enshrined in the constitution, to use for parks and open space conservation.

SCR12-003 Lottery Revenues For State Education Fund 
Comment: NATURAL RESOURCES AND WILDLIFE
Sponsors: LUNDBERG
Summary: SCR 12-003 aims to submit a constitutional amendment to the Colorado electors. It proposes to sweep all proceeds currently going to the Great Outdoors Colorado (GOCO) Trust Fund from January 1, 2013, through December 31, 2017, and instead distribute them to the state education fund.
News:
Status: 04/30/2012 Senate Committee on State, Veterans & Military Affairs Postpone Indefinitely
Position: Oppose
Boulder Concerns: GOCO awards grants prior to receiving the lottery proceeds. This would not only eliminate future grants for the 4 year period, it will most likely affect grants that have been awarded but not allocated yet.

SJR12-034 Reverse Citizens United 
Comment: DEMOCRACY AND GOVERNANCE
Sponsors: CARROLL / JONES
Summary: *** No bill summary available ***
News:
Status: 05/09/2012 House Third Reading Laid Over Daily
Position: Support
Boulder Concerns: