Report on Pending State Bills of Interest to City of Boulder

City of Boulder

HB17-1018 Extend Voter Approval Window For RTA Regional Transportation Authority Mill Levy 
Subject: CLIMATE CHANGE AND COMMUNITY RESILIENCE
Sponsors: D. Mitsch Bush | L. Liston / B. Gardner
Summary:

Current law authorizes a regional transportation authority to seek voter approval for a uniform mill levy of up to 5 mills on all taxable property within its territory, but the authorization is scheduled to repeal on January 1, 2019. The bill extends the authorization until January 1, 2029.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

News:
Status: 3/1/2017 Governor Signed
Position: Support
Boulder's Interest: Extending legislation that provides authority for Regional Transportation Authorities to collect property taxes for transit programs aligns directly with positions in Boulder's and the Colorado Communities for Climate Action (CC4CA) Policy Agendas. Boulder is a CC4CA founding member.

HB17-1037 Deadly Force Against An Intruder At A Business 
Subject: PUBLIC HEALTH AND SAFETY
Sponsors: J. Everett / V. Marble
Summary:

The bill extends the right to use deadly force against an intruder under certain conditions to include owners, managers, and employees of businesses.


(Note: This summary applies to this bill as introduced.)

News:
Status: 2/8/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position: Oppose
Boulder's Interest: Council's Legislative Agenda states opposition to expanding right to use deadly force against an intruder beyond personal residences.

HB17-1116 Continue Low-income Household Energy Assistance 
Subject: CLIMATE AND RESILIENCE
Sponsors: M. Hamner | T. Exum / B. Martinez Humenik
Summary: Offers a continuation of conditional funding for several programs that offer financial assistance to low income residents to help cover residential energy expenses. The bill also removes the automatic repeal which means that these funds will be eligible for conditional funding indefinitely.
News:
Status: 6/6/2017 Governor Signed
Position: Support
Boulder's Interest:

HB17-1124 Local Government Liable Fracking Ban Oil And Gas Moratorium 
Subject: CLIMATE AND ENERGY
Sponsors: P. Buck / T. Neville
Summary:

The bill specifies that a local government that bans hydraulic fracturing of an oil and gas well is liable to the mineral interest owner for the value of the mineral interest and that a local government that enacts a moratorium on oil and gas activities shall compensate oil and gas operators, mineral lessees, and royalty owners for all costs, damages, and losses of fair market value associated with the moratorium.


(Note: This summary applies to this bill as introduced.)

News:
Status: 2/22/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position: Oppose
Boulder's Interest:

HB17-1134 Hold Colorado Government Accountable Sanctuary Jurisdictions 
Subject: HUMAN SERVICES/HUMAN RIGHTS
Sponsors: D. Williams / V. Marble
Summary: HB 17-1134 allows victims of certain crimes committed by immigrants in the country illegally to sue elected officials, including city council members. The bill also applies criminal liability in certain circumstances. An elected official is responsible for the creation of a sanctuary jurisdiction if the elected official votes in favor of imposing or creating a law, ordinance, or policy that allows the jurisdiction to operate as a sanctuary jurisdiction, fails to take steps to try to change a law, ordinance, or policy that allows the jurisdiction to operate as a sanctuary jurisdiction. In addition, the legislation adds language that was repealed in 2013 requiring local governments to report to the state that they enforcing federal immigration laws. If the local government does not comply by providing these reports, state grant funds can be withheld.
News:
Status: 2/22/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position: Oppose
Boulder's Interest: Use of local law enforcement resources is a matter of local concern. It is not a decision that the state should interfere with.

A city’s decision about whether to cooperate with federal immigration authorities is based on a legislative policy decision regarding how best to serve local residents.

Undocumented residents pay taxes and are entitled to access city services. They should not be deterred by the possibility that they would be reported to ICE if they access local services.

The city's ordinance helps protect our communities by encouraging undocumented residents to report crimes.

The ordinance was also passed in furtherance of basic principles of fairness. That is, people who pay taxes should be able to access all city services such as libraries and recreation services.

Services to victims of domestic violence are particularly important. It is not unusual for a batterer to use a victim’s immigration status as a means of coercive control. Assurance that the police will provide protection and not turn a domestic violence call into a deportation is extremely important.

This is a complex issue and encouraging litigation to punish elected officials would set a terrible precedent.

HB17-1153 Highway Congestion Mitigation 
Subject: TRANSPORTATION
Sponsors: D. Williams | H. McKean / B. Gardner
Summary:

The bill clarifies that high occupancy vehicle lanes are lanes on which a vehicle carrying 2 or more individuals, including the driver, may travel and that high occupancy toll lanes are lanes on which a vehicle carrying fewer than 2 individuals, including the driver, must pay a toll. The bill also raises the priority of currently unfunded projects to expand the capacity of interstate highway 25 between the town of Castle Rock and the town of Monument and between state highway 14 and state highway 66 (high priority projects) by:

  • Requiring the department of transportation (CDOT) to put the high priority projects above all other unfunded projects on its priority list for project funding;
  • Requiring all federal money received by CDOT that the federal government does not require to be allocated for other projects and that CDOT has not previously allocated for other projects to be used to fund the high priority projects before being used to fund other projects; and
  • Requiring any environmental studies or other studies required to be completed before the high priority projects may begin to be completed no later than 6 months following the effective date of the bill and prohibiting study findings from being used to prevent the high priority projects from being undertaken.
    (Note: This summary applies to this bill as introduced.)

News:
Status: 3/8/2017 House Committee on Transportation & Energy Postpone Indefinitely
Position: Oppose
Boulder's Interest: • It appears to require CDOT to take all potentially available federal money that is not already “allocated” to other projects be allocated to the two I25 projects (between C. Springs and Castle Rock, and Longmont to Ft. Collins). The term “allocated” is not defined and is not a commonly used term, but could be interpreted as directing the Transportation Commission to reallocate all federal funds not already under contract (or in the STIP) to these projects. The result would mean that federal funds STIP’d from throughout the state, but not yet contracted, would be reprogrammed to these two project.

• It also appears to require that there be a pre-determined outcome of environmental and other studies by agencies not under the jurisdiction of the state (ie federal resource agencies such as the Corps of Engineers, USFWS, EPA, FHWA, etc.)

• It would contravene/override the current contract that CDOT has with Plenary Roads, with significant financial and operational implications for the US36/North I25 managed lanes.

HB17-1171 Authorize New Transportation Revenue Anticipation Notes 
Subject: TRANSPORTATION
Sponsors: T. Carver | P. Buck
Summary: HB 17-1171 would refer to the statewide ballot a measure to approve a new set of transportation revenue anticipation notes (TRANs Bonds). Ten percent of the state's sales tax revenues are dedicated to debt service payments on a maximum principal amount of $3.5 billion and $5.0 billion including interest payments. In addition, one percent of the state's sales tax revenues are dedicated for capital projects. Section 5 of the bill includes the project list.
News:
Status: 3/29/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position: Oppose
Boulder's Interest: Boulder opposes issuing new bonds unless there is new dedicated revenue source to make the debt payments. This bill, similarly to ones introduced the prior two years, simply diverts funding from the state's general fund.

HB17-1176 PERA Public Employees' Retirement Association Retirees Employed By Rural School Districts 
Subject: INTERNAL ADMINISTRATIVE MATTERS
Sponsors: J. Becker | B. McLachlan / J. Sonnenberg
Summary: HB1176, is aimed more at helping rural parts of the state recruit quality teachers. Under PERA rules, retired teachers who are getting pension benefits are limited in the number of hours they can work in government jobs. That change was made years ago because some workers were retiring from long-held jobs, and then being contracted to do those same jobs, earning benefits while not contributing more into the plan. Rep. Jon Becker, R-Fort Morgan, who introduced the bill with Sen. Jerry Sonnenberg, R-Sterling, said that new rules are hindering some small school districts from hiring teachers who decide to go back to work.
News:
Status: 6/6/2017 Governor Signed
Position: Oppose
Boulder's Interest: An actuarial analysis determined that the bill would add about $85 million to PERA’s unfunded liability.

HB17-1187 Change Excess State Revenues Cap Growth Factor 
Subject:
Sponsors: D. Thurlow / L. Crowder
Summary: Would refer a ballot measures to voters at the 2017 state general election to change the state's TABOR cap from its current calculation (population growth and consumer price index) to a 5-year rolling average of state personal income.
News:
Status: 3/20/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position: Support
Boulder's Interest: Could provide indirect benefits by providing more state education funding and fewer proposed reductions in moneys flowing through the state to local governments (like energy impact funds and similar).

HB17-1225 Electric Regional Transmission Organization Hearing 
Subject: CLIMATE CHANGE AND COMMUNITY RESILIENCE
Sponsors: C. Hansen / R. Baumgardner
Summary:

A regional transmission organization is an independent electric transmission operator that provides wholesale transmission services to more than one provider of retail or wholesale electric service within a defined geographic region by pooling together a number of transmission assets into a single electricity transmission market from which participating retail electric service providers may purchase wholesale transmission services.

The bill directs the transportation legislation review committee to conduct a hearing during the 2017 interim on the effects that participation by retail electric service providers in a regional transmission organization would have on retail or wholesale electric service providers, their ratepayers, and Colorado's market for renewable energy. The hearing must take place on or before December 1, 2017.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

News:
Status: 4/28/2017 Senate Committee on Legislative Council Postpone Indefinitely
Position: Support
Boulder's Interest:

HB17-1227 Electric Demand-side Management Program Extension 
Subject: CLIMATE CHANGE AND COMMUNITY RESILIENCE
Sponsors: F. Winter | P. Lawrence / K. Priola | S. Fenberg
Summary:

To promote demand-side management programs for electricity, the public utilities commission (commission) was authorized in 2007 to establish the following electricity goals for investor-owned electric utilities to achieve by 2018:

  • A demonstrated reduction of peak demand by at least 5% of the retail peak demand level in 2006; and
  • Demonstrated energy savings of at least 5% compared to the energy sales in 2006.

The bill extends the programs to 2028 and requires the commission to set goals of at least 5% peak demand reduction and 5% energy savings by 2028 for demand-side management programs implemented during 2019 through 2028 when compared to 2018 numbers.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

News:
Status: 5/18/2017 Governor Signed
Position: Support
Boulder's Interest:

HB17-1232 Public Utilities Alternative Fuel Motor Vehicles 
Subject: CLIMATE MITIGATION AND COMMUNITY RESILIENCE
Sponsors: J. Danielson / K. Priola
Summary:

In an existing provision that authorizes resellers of electricity and natural gas to provide motor vehicle charging or fueling stations as unregulated services, the bill authorizes public utilities to provide these services as regulated or unregulated services and allows cost recovery.

The bill allows a utility to apply to build facilities to support alternative fuel vehicles. Standards are set for approval. When a facility is built, the rate and charges for the services:

  • May allow a return on any investment made by an electric public utility at the weighted average cost of capital at the electric public utility's most recent rate of return on equity approved by the public utilities commission (commission);
  • May allow a return on any investment made by a natural gas public utility at the utility's weighted average cost of capital at the public utility's most recent rate of return on equity approved by the commission; and
  • Must be recovered from all customers of an electric or natural gas public utility in a manner that is similar to the recovery of distribution system investments.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

News:
Status: 4/26/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position: Support
Boulder's Interest:

HB17-1242 New Transportation Infrastructure Funding Revenue 
Subject: TRANSPORTATION
Sponsors: D. Mitsch Bush | C. Duran / R. Baumgardner | K. Grantham
Summary: As introduced the bill would have sent to voters a 2018 ballot question to increase sales taxes by .62% for 20 years, moving the state sales tax from 2.9% to just over 3.5%, and generating an estimated $702M annually. This increase would be offset by the elimination of the state share of the Road Safety Surcharge within FASTER, a $75M decrease in revenue. This would result in a net revenue increase of $625M per year available for state and local transportation needs as follows: • CDOT would receive $300M/year ($375M in a fixed allocation from the sales tax, offset by $75M FASTER fee decrease). This represents 48% of the projected first-year increase in net revenue. These funds would be spent on statewide strategic projects that would be identified by CDOT after the bill passes but before the measure goes to the ballot and included in the Blue Book (Click here for a list of projects that would be a starting point for CDOT to consider). Multimodal capital projects would be eligible. CDOT could direct up to $50M/year toward a $3.5B bonding package, with a maximum repayment of $5 billion over 20 years, to fund these projects. Unexpended and unencumbered dollars would be put toward maintenance and other agency priorities. • The remaining new revenue would be allocated as follows: o 70% to city and county governments split in equal amounts and allocated among cities pursuant to the existing HUTF distribution formula. This would be a variable amount (sales tax collections are expected to increase over the 20 year period) but expected to amount to $225M in 2018 or 36% of first-year projected new net revenues. City and county governments would be provided maximum flexibility to spend these resources on local priorities (i.e., multimodal capital or operational expenses) and use these dollars as a matching source to unlock funding from the multi-modal transportation options fund. o 30% to a new multi-modal transportation options fund. This too would be a variable amount (subject to likely increase) but expected to amount to $100M in 2018 which is approximately 16% of the projected first-year new net revenue. Of this, $75M would be available for transit and $25M for non-motorized use including paths, sidewalks and roadways for non-motorized vehicles. The fund would be directed by a new politically appointed commission that would be housed in CDOT and made up of local government officials, transit experts, metro planning organizations, and advocates. The commission would direct funding as grants but require a 100% match with such funding coming from sources other than this options category. The bill was heard on April 11 in the Senate Transportation Committee where the following changes to the bill were made: Changes the allocation formula: the first 15% of new revenues to the multimodal account; of the remainder, 41.2% to CDOT and 58.8% to cities and counties. Reduces temporary state-wide sales tax rate from 0.62% to 0.5%. Transfers $100 million from the state General Fund for bond repayment for 20 years. Increases the maximum repayment amount for TRANs from $5 billion to $5.5 billion. Eliminates the multimodal transportation options committee and assigns its duties relating to the allocation of money from the transportation options account of the multimodal transportation options fund to CDOT's transit and rail advisory committee and adds representatives from local governments, metropolitan planning organizations, advocates for affordable transportation options, persons with disabilities, and bicyclists and pedestrians to the advisory committee.
News: Fix Colorado Roads breaks down transportation bill
Status: 4/25/2017 Senate Committee on Finance Postpone Indefinitely
Position: Support
Boulder's Interest: The city will actively track HB17-1242 as it makes its way through the legislative process and protect against amendments that would decrease the ability for these funds to be available for multimodal purposes, the specific allocation for multimodal funding grants and the local government involvement in those granting decisions, the flexibility for local governments to use their allocation as they wish, and the general percentage allocation to local governments and multimodal grants which is expected to only increase over the 20 year period.

HB17-1275 Increase Solid Waste Diversion 
Subject: CLIMATE AND COMMUNITY RESILIENCE
Sponsors: F. Winter / K. Priola
Summary: Enables collection of data regarding solid waste diversion rates from landfills and provides for technical assistance to local governments. Specifically, • Uses a small portion (<10%) of the existing funds in the RREO grant program to provide technical assistance to local communities for planning and developing recycling infrastructure and services with an emphasis on regional collaboration. • Optimizes the RREO program by helping local recyclers strategize programs that make a real difference and optimize value for the investment through grant writing assistance. • Utilizes the expertise of the Office of Economic Development and International Trade (OEDIT) to develop recycling and reuse businesses, attract new entrepreneurial businesses and expand recycling markets. • Collects data from landfills and counties to more accurately determine the amount of marketable material that could be recycled and provides technical assistance on data collection to counties and landfills. (Counties are encouraged to report data; landfills will clarify one piece of data collected through existing reporting requirements. Very small landfills may apply for a waiver.) • Uses improved data to establish meaningful rural and urban recycling goals by 2020 to guide future programs and track progress.
News:
Status: 5/1/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position: Support
Boulder's Interest: If other communities can track their diversion, we will be able to look at our statewide diversion for the first time as it compares to other states. We also can share the diversion tracking system we developed along with Boulder County to allow other communities to cost-effectively track diversion.

HB17-1279 Construction Defect Actions Notice Vote Approval 
Subject: HOUSING
Sponsors: A. Garnett | L. Saine / J. Tate | L. Guzman
Summary:

The bill requires that, before the executive board of a unit owners' association (HOA) in a common interest community brings suit against a developer or builder on behalf of unit owners based on a defect in construction work not ordered by the HOA itself, the board must:

  • Notify all unit owners and the developer or builder against whom the lawsuit is being considered;
  • Call a meeting at which the executive board and the developer or builder will have an opportunity to present relevant facts and arguments and the developer or builder may, but is not required to, make an offer to remedy the defect; and
  • Obtain the approval of a majority of the unit owners after giving them detailed disclosures about the lawsuit and its potential costs and benefits.

The meeting of unit owners commences a 90-day voting period during which the HOA will accept votes for or against proceeding with the lawsuit. Statutes of limitation are tolled during this period. The HOA is required to keep copies of its mailing list and maintain records of the votes received. The voting period may end in less than 90 days if sufficient votes are received to approve the lawsuit before 90 days have elapsed.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

News:
Status: 5/25/2017 Governor Signed
Position: Support
Boulder's Interest: Boulder believes this bill is an important step forward but would like to see it amended to clarify how the developer accesses/communicates information to homeowners (we want it to be fair) and how the votes are calculated (there are a lot of exemptions defined right now and that needs to be narrowed down).

HB17-1299 Transportation Legislation Review Committee Interim Hearing Electric Utility Energy Storage 
Subject: CLIMATE CHANGE AND COMMUNITY RESILIENCE
Sponsors: J. Coleman | C. Hansen / K. Donovan | S. Fenberg
Summary:

The bill directs the transportation legislation review committee (TLRC) to conduct a hearing during the 2017 interim on the potential economic benefits and costs of energy storage systems (e.g., batteries, heat sinks, pumped storage hydroelectric systems) that an electric utility may incorporate into its electric resource acquisition plans.

The hearing must take place on or before December 1, 2017.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

News:
Status: 4/26/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position: Support
Boulder's Interest:

HB17-1309 Documentary Fee To Fund Affordable Housing 
Subject: HOUSING
Sponsors: F. Winter | D. Jackson / D. Coram | L. Guzman
Summary:

Currently, when the total consideration paid by the purchaser in a real property transaction exceeds $500, the county clerk and recorder collects a one cent documentary fee for each $100 of such consideration for the recording of real estate deeds or other instruments in writing.

Section 1 of the bill raises the fee to 2 cents commencing January 1, 2018.

Section 2 specifies that 50% of the moneys generated from the imposition of the total fee must be deposited with the county treasurer at least once each month and credited by him or her in the manner prescribed by law and the remaining 50% of the moneys generated from the imposition of the fee must be transmitted by the county treasurer to the Colorado housing and finance authority (authority) at least once each month to be credited to the statewide affordable housing investment fund (fund).

Section 3 creates the fund in the authority. The bill specifies the source of moneys to be deposited into the fund and that the authority is to administer the fund.

All moneys in the fund must be expended for the purpose of supporting new or existing programs that:

  • Facilitate the construction or rehabilitation of housing containing residential units designated as affordable housing; and
  • Provide financial assistance to any nonprofit entity and political subdivision that makes loans to households to enable the financing, purchase, or rehabilitation of residential units.

The bill defines 'affordable housing' to mean housing that is designed to be affordable for households with an income that is:

  • Up to 80% of the area median income for rental occupancy; and
  • Up to 110% of the area median income for home ownership.

This section of the bill also specifies the intent of the general assembly that, of the moneys made available to the authority to support the programs supported by the bill, the authority shall direct that a portion of such moneys be expended on programs in counties with a total population of 175,000 or fewer residents.

New or existing programs supported by the fund are to be administered by the authority. The authority may determine how best to allocate and expend the portion of moneys deposited into the fund that support the programs that it administers under the bill.

Section 3 also requires the authority to prepare a report, no later than November 1, 2021, and no later than November 1 of the last year of each 3-year period thereafter, specifying the use of the fund during the prior 3-year period.. The report must include information on all moneys allocated to, and expended from, the fund. The bill requires the department of local affairs to include a summary of the report in its departmental presentation to its oversight committee of reference made pursuant to the 'SMART Act' in connection with the departmental presentation made in the year following the calendar year in which the authority has prepared a report.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

News:
Status: 5/3/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position: Support
Boulder's Interest: This approach and the funding source has a direct relationship to real-estate transactions and the value of real-estate, which has a nexus to affordable housing.

HB17-1314 Colorado Right To Rest Act 
Subject: LOCAL CONTROL
Sponsors: J. Salazar | J. Melton
Summary: The legislation enacts rights for individuals including right to rest, use, and move freely in public spaces. HB 17-1314 also prohibits local governments from enacting and enforcing ordinances that conflict with the rights established in the bill.
News: “Homeless Bill of Rights” measure resurfaces in Colorado
Status: 4/19/2017 House Committee on Local Government Postpone Indefinitely
Position: Oppose
Boulder's Interest: It is a clear violation of local control. Local governments make decisions through a public process where the views of all our citizens are heard. Finding a permanent solution for homelessness in Colorado is a top priority for municipalities. This is an issue best left to resolve at the local level as it has been in a number of cities.

HB17-1316 Delay Implementation Of House Bill 16-1309 
Subject: MUNICIPAL COURTS
Sponsors: S. Lontine / V. Marble
Summary:

House Bill 16-1309, which was enacted by the 2016 general assembly, concerned a defendant's right to counsel in certain cases considered by municipal courts. The bill delays the implementation of House Bill 16-1309 until July 1, 2018.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

News:
Status: 4/28/2017 Governor Signed
Position: Support
Boulder's Interest: We have already made arrangements to implement May 1 and will do so even if this bill passes and allows a delay. However, it could be very helpful to smaller jurisdictions to have this extension due to the complexity and costs associated with implementation.

HB17-1336 Additional Protections Forced Pooling Order 
Subject: CLIMATE ACTION AND COMMUNITY RESILIENCE
Sponsors: D. Young | M. Foote / I. Aguilar | M. Jones
Summary:

Current law authorizes forced pooling, a process by which any interested person???typically an oil and gas operator???may apply to the Colorado oil and gas conservation commission for an order to pool oil and gas resources located within a particularly identified drilling unit. After giving notice to interested parties and holding a hearing, the commission can adopt an order to force owners of oil and gas resources within the drilling unit who have not consented to the application (nonconsenting owners) to allow an oil and gas operator to produce the oil and gas within the drilling unit notwithstanding the owners' lack of consent.

The bill specifies that:

  • The hearing notice must be given at least 90 days before the hearing;
  • Before entry of a pooling order, the prospective drilling unit operator must give the affected interest owners a clearly stated, concise, neutral explanation of the laws governing forced pooling; and
  • The operators of drilling units shall, before commencing drilling operations, file an electronic report with the commission that states the number of nonconsenting owners and the percentage of acres that have been pooled, and the commission shall post the reports in a searchable database on its website.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

News:
Status: 5/3/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position: Support
Boulder's Interest:

HB17-1354 Collection Of Delinquent Taxes On Mobile Homes 
Subject: HOUSING
Sponsors: K. Becker / K. Priola | J. Kefalas
Summary:

Mobile homes are homes built prior to the passage of the 'National Manufactured Housing Construction and Safety Standards Act of 1974', and manufactured homes are homes built after its passage. Mobile or manufactured homes that are affixed to the ground, and are therefore no longer capable of being moved, have a certificate of permanent location and are valued, taxed, and subject to tax collection in the same manner as all other real property. Mobile or manufactured homes that are not affixed to the ground, and are therefore capable of being moved, have a certificate of title and are valued and taxed as real property but subject to the collection of taxes like personal property.

Current law requires that when taxes are delinquent on personal property, the county treasurer must enforce the collection of delinquent taxes by commencing a court action or by distraining, seizing, and selling the property. This includes mobile or manufactured homes that are not affixed to the ground. The bill modifies the county treasurer's duties in connection with the collection of delinquent taxes on such mobile or manufactured homes that are not affixed to the ground. Specifically, the bill makes the process to enforce the collection of delinquent taxes on mobile or manufactured homes that are not affixed to the ground permissive, and therefore gives the county treasurer more flexibility to enter into partial payment agreements with the owners of such mobile or manufactured homes. The bill authorizes the county treasurer to declare tax liens on mobile or manufactured homes that are not affixed to the ground as county-held to address title deficiencies in conjunction with the collection of taxes. In addition, the bill authorizes the county treasurer to withhold tax liens on mobile or manufactured homes that are not affixed to the ground from being sold to investors.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

News:
Status: 5/22/2017 Sent to the Governor
Position: Support
Boulder's Interest:

HB17-1366 Measurable Goals Deadlines Colorado Climate Action Plan 
Subject: CLIMATE ACTION AND COMMUNITY RESILIENCE
Sponsors: J. Arndt | F. Winter / J. Kefalas
Summary:

The bill requires:

  • The state climate action plan to include specific, measurable goals, the achievement of which will both reduce Colorado's greenhouse gas emissions and increase Colorado's adaptive capability to respond to climate change, along with associated near-term, mid-term, and long-term deadlines to achieve the goals; and
  • The annual climate report to the general assembly to include an analysis of the progress made in meeting the measurable goals and deadlines specified in the plan.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

News:
Status: 5/8/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position: Support
Boulder's Interest:

HB17-1373 General Fund Transfers For CO Colorado Energy Office Cash Funds 
Subject: CLIMATE ACTION AND COMMUNITY RESILIENCE
Sponsors: J. Bridges | C. Hansen / D. Moreno
Summary:

Section 1 of the bill continues the general fund transfer to the clean and renewable energy fund for one year.

Section 2 adds one year of funding for the innovative energy fund from the general fund.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

News:
Status: 5/9/2017 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
Position: Support
Boulder's Interest:

SB17-021 Assistance To Released Mentally Ill Offenders 
Subject: HOUSING ASSISTANCE FOR THE HOMELESS
Sponsors: B. Martinez Humenik / J. Singer
Summary:

Legislative Oversight Committee Concerning the Treatment of Persons with Mental Illness in the Criminal and Juvenile Justice Systems. The bill directs the division of housing in the department of local affairs to establish a program to provide vouchers and supportive services to persons with a behavioral or mental health disorder who are being released from the department of corrections (DOC), the division of youth corrections in the department of human services (DYC), or jails. The program is funded by an appropriation from the marijuana tax cash fund and from money unspent by the division of criminal justice (CDPS) for community corrections programs in the previous fiscal year.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

News:
Status: 6/2/2017 Governor Signed
Position: Support
Boulder's Interest:

SB17-042 Repeal Local Government Internet Service Voter Approval 
Subject: TELECOMMUNICATIONS
Sponsors: K. Donovan | L. Guzman
Summary:

Cities, counties, special districts, and other local governments (local government) are currently prohibited, with certain limited exceptions, from providing cable television, telecommunications service, or high-speed internet access without first seeking voter approval. A local government that does provide any of these services is further required to comply with all state and federal laws and regulations governing the service and prohibited from granting certain preferences or discriminating in connection with providing the service.

The bill repeals these restrictions on the provision of cable television, telecommunications service, or high-speed internet access by a local government.


(Note: This summary applies to this bill as introduced.)

News:
Status: 2/13/2017 Senate Committee on Business, Labor, & Technology Postpone Indefinitely
Position: Support
Boulder's Interest: Boulder supports reestablishing the right of municipalities to provide telecommunication services such as large and complex city-wide fiber and premise networks .

SB17-085 Increase Documentary Fee & Fund Attainable Housing 
Subject: HOUSING
Sponsors: R. Zenzinger
Summary: SB 17-085 would create a permanent funding mechanism in Colorado. The bill adds $4 to the current $1 document recording fee at the county level. The county clerk is then required to send the additional $4 to the state treasurer for a fund created in the Colorado Housing and Finance Authority (CHFA).
News:
Status: 2/13/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position: Support
Boulder's Interest: Boulder is supportive of state funding that goes to build affordable housing in local communities.

SB17-089 Allow Electric Utility Customers Install Energy Storage Equipment 
Subject: CLIMATE CHANGE AND COMMUNITY RESILIENCE
Sponsors: S. Fenberg
Summary: Government-regulated monopolies are using red tape, expensive fees, and invasive regulations to discourage consumers from installing battery storage systems. These unnecessary barriers, can add up to $3,000 or more to the installation costs and complexity for what are otherwise straightforward installations. SB17-089 allows consumers to have more control over their energy use: ? Affirms the rights of residential and commercial consumers to install small electricity storage systems with a discharge rate of up to 25 kilowatts (kW) for later use or to provide backup in case of an outage; ? Requires that the utility and interconnection approval process for storage systems must be simple and streamlined, subject to basic electrical code and safety requirements; ? Prohibits a utility from charging discriminatory standby charges, minimum charges, fees, or unnecessary meter installations that they don’t charge other customers without storage.
News:
Status: 2/8/2017 Senate Committee on Business, Labor, & Technology Postpone Indefinitely
Position: Support
Boulder's Interest: ? Good for Colorado’s Ratepayers While Improving Grid Stability
Distributed battery storage can defer the need for utilities to build more expensive power plants that are only used a few hours a year during the most energy-intensive days. This will save all ratepayers money on their energy bills. At the same time, stored electricity smooths out peak energy use, which improves reliability for the entire grid.
? Good for Consumers
Installing storage allows consumers to control their energy use; they can choose to use batteries instead of the grid when rates are higher during peak electricity use. And when the grid is down, batteries can keep the lights on, business humming, and protect families and property - for example, by keeping sump pumps pumping during floods, or medical devices like oxygen concentrators running.
? Good for Individual Property Rights
This bill affirms the American value of personal property rights; what a consumer does on his or her own property is their business, and should not be dictated by a government-regulated monopoly.
? Good for Rural Coloradans
Allowing consumers to install storage provides them a backup energy source for when they’re experiencing power outages from storms, wind, etc.
? Good for the Economy and Manufacturing Jobs
Without spending a penny of taxpayer dollars on subsidies, this bill allows the opening of new markets for manufacturers and installers. And as more storage systems are installed, costs come down and they become more affordable for all consumers.

SB17-098 Mobile Home Parks 
Subject: HOUSING
Sponsors: J. Kefalas / J. Ginal
Summary: The bill (1) increases the notice requirements for sale of parks in order to incentive purchase of park by residents, (2) encourages use of Alternative Dispute Resolution by permitting rental agreements to contain clauses encouraging such and (3) provides tax incentives to sell parks to organized HOAs or non-profits by allowing sellers to subtract gain from sale of park from calculation of federal income tax purposes. It also (4) encourages local governments to utilize mobile homes as a means for affordable housing and requires, when an existing park is located in a hazardous area, municipalities to make every reasonable effort to reduce or eliminate the hazard and mitigate the loss of housing.
News:
Status: 2/13/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position: Conditionally Support
Boulder's Interest: The city will support this bill if the local government mandates are eliminated. CML, conversely, will oppose this bill unless such mandates are removed.

SB17-105 Consumer Right To Know Electric Utility Charges 
Subject: CLIMATE CHANGE AND COMMUNITY RESILIENCE
Sponsors: L. Garcia / D. Esgar | K. Becker
Summary: The bill requires an investor-owned electric utility to file with the public utilities commission (commission) for the commission's review a comprehensive billing format that the investor-owned electric utility has developed for its monthly billing of customers. An investor-owned electric utility shall file the comprehensive billing format at the time of filing a rate schedule with the commission. The comprehensive billing format must include the following: A line-item representation of all monthly charges and credits applied to the customer; For months in which tiered rates are applied, a breakdown of the tiered rates and the amount of usage to which each rate was applied for the month; The rate and usage for the current month and each of the previous 12 months, as shown in a bar graph or other visual format; and For customers to which demand rates apply, a listing of the demand charge, aggregated data about the range and average of kilowatts used during the various demand periods of the billing period, and, if the customer is a residential customer, a calculation of the amount that the customer would have been billed had standard residential rates applied. The bill sets forth procedures for the commission's review of a filed comprehensive billing format and provides that once a comprehensive billing format has been approved by the commission, the investor-owned utility need not refile it unless changes have been made to it.
News:
Status: 5/22/2017 Governor Signed
Position: Support
Boulder's Interest: SB 105 would create a uniform billing system for Colorado’s investor owned utilities (Xcel Energy and Black Hills Energy, which serves the Pueblo area and Sen. Garcia’s district), to be developed through a process overseen by the Public Utilities Commission. The goal of the legislation is to provide more rate and consumption information to electric customers, in order to help them make informed decisions about their electricity consumption and any possible steps they may want to take in respect to their electricity consumption (for example, making energy efficiency improvements to their homes).

SB17-113 Cap Employer Contribution Rates For PERA Public Employees' Retirement Association Employers 
Subject: INTERNAL ADMINISTRATIVE MATTERs
Sponsors: T. Neville / J. Everett
Summary: Would place a cap on how much state and local governments could contribute to their workers’ retirement plans;
News:
Status: 3/1/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position: Oppose
Boulder's Interest: SB 113 could end up having a very negative impact on any of the funds if actuarial assumptions are not met in the future. This is not an administrative manner. It is a matter that goes to the very essence of funding the plan adequately in the future.

SB17-145 Electric Utility Distribution Grid Resource Acquisition Plan 
Subject: CLIMATE CHANGE AND COMMUNITY RESILIENCE
Sponsors: S. Fenberg / M. Foote
Summary: The bill directs specified electric utilities to prepare, and the Colorado public utilities commission to review, proposals to integrate distributed energy resources into their plans to acquire new infrastructure. 'Distributed energy resources' is defined to include renewable distributed generation facilities, such as rooftop solar, energy storage facilities, electric vehicles, and other features of an improved and diversified electrical grid architecture. The commission may approve the plans as submitted or modify them in ways that improve system reliability, reduce costs, or increase the benefits to ratepayers.
News:
Status: 2/15/2017 Senate Committee on Agriculture, Natural Resources, & Energy Postpone Indefinitely
Position: Support
Boulder's Interest: The bill would establish a transparent planning process to drive a cleaner, more efficient and secure electricity system.

SB17-158 Modify Composition Of PERA Public Employees' Retirement Association Board Of Trustees 
Subject: Internal Administrative Matters
Sponsors: J. Tate / D. Nordberg
Summary: Would reduce the number of people on the PERA board who are also beneficiaries of the plan; and
News:
Status: 3/15/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position: Support
Boulder's Interest:

SB17-188 Repeal Income Tax Credit Innovative Motor Vehicles 
Subject: CLIMATE AND COMMUNITY RESILIENCE
Sponsors: V. Marble
Summary: Would eliminate the tax credits for EVs and CNG/propane vehicles. Currently, the credits are in place through 2021.
News:
Status: 4/24/2017 Senate Second Reading Laid Over to 05/11/2017 - No Amendments
Position: Oppose
Boulder's Interest: Boulder joined others last session to improve the credits (simplifying to a flat $5,000 and making them assignable), and 99 out of 100 members of the state house and senate voted for the bill- including it appears every sponsor of this bill to repeal the credits.

This is a terrible bill, coming just as CO emerges as one of the leading states for EV adoption.

SB17-192 Marijuana Business Efficiency Measures 
Subject: PUBLIC HEALTH AND SAFETY
Sponsors: T. Neville / J. Singer | J. Melton
Summary: Makes alterations in the calculations of the state excise tax and allows for a one-time transfer from a retail store to a medical marijuana center. Of more immediate and direct municipal concern is the bill’s creation for a medical marijuana center or retail store to apply for an endorsement to contract with medical marijuana or retail marijuana transporter licensee for home delivery into any jurisdiction. The statutes and Colorado Constitution (for retail) give municipalities the unalterable right to prohibit the operation of marijuana establishments within their jurisdictions.
News: Colorado lawmakers inch towards allowing marijuana consumption clubs
Status: 6/2/2017 Governor Signed
Position: Oppose
Boulder's Interest: Limits local control and wouldn't allow municipalities to prohibit delivery if they wanted to. The bill could also present taxation challenges, if marijuana was delivered outside the city.

SB17-205 Multimodal Transportation Infrastructure Funding 
Subject: TRANSPORTATION
Sponsors: J. Kefalas / P. Rosenthal
Summary:

In 1999, the voters of the state authorized the executive director of the department of transportation (CDOT) to issue transportation revenue anticipation notes (TRANs) in a maximum principal amount of $1.7 billion and with a maximum repayment cost of $2.3 billion in order to provide financing to accelerate the construction of qualified federal aid transportation projects. The executive director of CDOT issued the TRANs as authorized. The final payments of principal and interest on the TRANs will be made during fiscal year 2016-17, which will make available for expenditure for transportation-related purposes only revenues dedicated for transportation by federal law, the state constitution, and state law that the state has been using to make principal and interest payments on the TRANs.

Section 9 requires the state transportation commission to submit a ballot question to the voters of the state at the November 2017, 2018, or 2019 election, which, if approved, would increase the state sales and use tax from 2.9% to 3.15%, beginning on the July 1 immediately following the applicable election and would authorize the executive director of CDOT to issue additional TRANs in a maximum principal amount of $4 billion and with a maximum repayment cost of $5.75 billion. If the voters approve the ballot question, sections 3, 4, 5, and 7 implement the increase in the state sales and use tax rate. The additional TRANs must have a maximum repayment term of 20 years, and the certificate, trust indenture, or other instrument authorizing their issuance must provide that the state may pay them in full before the end of the specified payment term without penalty. Additional TRANs must otherwise generally be issued subject to the same requirements and for the same purposes as the original TRANs; except that the transportation commission must pledge to annually allocate from legally available money under its control any money needed for payment of the notes in excess of amounts appropriated by the general assembly from the state highway fund for payment of the notes as authorized by section 5 until the notes are fully repaid.

Section 10 specifies that at least $500 million of TRANs proceeds shall be used only for passenger rail service in the interstate 25 corridor and that remaining TRANs proceeds shall be used only to fund projects on CDOT's priority list for transportation funding. Section 10 also specifies additional transportation project contract award process requirements and limitations for a project to be funded in whole or in part with proceeds of additional TRANs.

Sections 6 and 8 require all state sales and use tax net revenue that is attributable to any increase in the state sales and use tax rate resulting from the approval of the ballot question submitted pursuant to section 9 to be credited to the HUTF, paid from the HUTF to the state highway fund for use, subject to annual appropriation by the general assembly, for payment of TRANs and, to the extent not used for that purpose, state transportation projects.
(Note: This summary applies to this bill as introduced.)

News:
Status: 4/4/2017 Senate Committee on Transportation Postpone Indefinitely
Position: Oppose
Boulder's Interest: This proposed bill raises the CDOT share, but has no local funding, and other than I-25 commuter rail has no multimodal funding. While it does say 10% for transit, since the I-25 rail project is more than 10% of the total, no other transit projects would likely be funded, and there is no mention of bicycle and pedestrian projects. Funding only one transit line in one corridor doesn’t address statewide needs.

SB17-213 Automated Driving Motor Vehicles 
Subject: TRANSPORTATION
Sponsors: D. Moreno | O. Hill / F. Winter | J. Bridges
Summary: Expressly authorizes the use of automated driving systems if the system is capable of conforming to every state and federal law applying to driving. If not, a person testing a system is required to coordinate with the Colorado state patrol and the Colorado Department of Transportation. Also declares that the regulation of automated driving systems is a matter of statewide concern, and, therefore, local authorities are prohibited from regulating these systems. Specifically, it prohibits municipalities from any actions that "burden, regulate or prohibit." Also clarifies that this law supersedes any authority otherwise granted to local governments under C.R.S. Section 42-4-111 which has to do with the general regulation of vehicles and traffic. Two amendments were adopted in the Senate Transportation Committee that improved the bill: striking the specific and strong preemption language with language that policies, rules, or ordinances must not be different from the standards set for a human driver; and, that public safety will be a top priority as these vehicles are tested and deployed in Colorado.
News: Driverless-car bill goes to Hickenlooper’s desk
Status: 6/1/2017 Governor Signed
Position: Amend
Boulder's Interest: Boulder expressed appreciation for the amendments made in the Senate but continued to unsuccessfully urge further amendment to provide local governments with increased local control over regulation of AVs.

SB17-238 Notifications Regarding Online Purchases 
Subject: SALES TAX
Sponsors: C. Holbert / C. Wist | P. Neville
Summary:

Current law requires retailers that do not collect Colorado sales tax to provide notification to all Colorado purchasers showing certain information. The notification must be sent separately to all Colorado purchasers by first-class mail. The bill specifies that the notification must instead be sent to the email address used to complete the purchase and not be included with any other emails to the purchaser regarding the purchase.

The bill also repeals the notification requirement that the retailer that does not collect Colorado sales tax must send to the department of revenue for each Colorado purchaser that specifies the total amount paid for Colorado purchases.

The bill requires the department of revenue to create a 'Know What You Owe' educational campaign on their website in order to property educate Colorado taxpayers of their obligation to pay sales tax on internet purchases.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

News:
Status: 5/1/2017 House Committee on Finance Postpone Indefinitely
Position: Oppose
Boulder's Interest:

SB17-253 Alcohol Manufacturer Customer Sales 
Subject: PUBLIC HEALTH AND SAFETY
Sponsors: L. Guzman | V. Marble / H. McKean | A. Garnett
Summary: Under current law, a brewery licensed as a wholesaler may conduct tastings and sell its alcohol beverage products at its licensed premises. Distilleries and wineries may do so at their respective licensed premises and at one additional sales room. The bill permits these licensees to operate up to 2 additional sales rooms. The bill also applies the temporary sales room requirements to breweries as exist for other types of licensees, in particular the number of days that a local authority has to respond to an application. Both wholesaler and manufacturer licenses are not subject to dual-licensing requirements, as they are only issued by the state, which limits the authority that municipalities and local licensing authorities have as compared to traditional, dual-licensed premises.
News:
Status: 5/4/2017 House Committee on Business Affairs and Labor Postpone Indefinitely
Position: Oppose
Boulder's Interest:

SB17-267 Sustainability Of Rural Colorado 
Subject: BUDGET FLEXIBILITY UNDER THE TABOR REVENUE CAP
Sponsors: J. Sonnenberg | L. Guzman / J. Becker | K. Becker
Summary: SB 17-267 is complicated legislation with many moving parts under the title "Concerning the sustainability of rural Colorado." The main focus of the bill is the willingness of some Republicans to relent on allowing the hospital provider fee (HPF) program to operate as an enterprise without saying it is illegal unless approved by voters. Currently, the fee revenue counts toward the state fiscal year revenue limit. In the next fiscal year, the hospital provider fee collections will be reduced by 50% in order to prevent a TABOR refund. Since those fees are matched by federal dollars, the impact to Colorado hospitals is doubled and rural hospitals get hit the hardest. As an apparent trade-off for this refined perspective on the HPF, the sponsors of the bill includes other significant policy elements: Requirement that all state departments present budget requests in FY 2018-2019 representing a 2% overall reduction from FY 2017-2018. Authorizes lease-purchase agreements on state buildings to generate $1.35 billion, costing no more than $100 million to lease back the buildings over 20 years. $1.2 billion is designated for state highway projects, and $150 million is designated for capital construction needs. 25% of the transportation revenue must be allocated for projects within counties with under 50,000 people. Transfers from the general fund to state highway projects (SB 228 money) is eliminated and revenue is instead directed to rural schools. The annual state revenue limit as adjusted by Referendum C (the "Ref C cap") is reduced by an amount that appears to be a calculation of the HPF contribution to the current TABOR base.
News:
Status: 5/30/2017 Governor Signed
Position: Support
Boulder's Interest: Although this bill has good elements (reclassification of the hospital provider fee) thus allowing the state to maintain more revenue, it would decrease the TABOR spending cap and require cuts across the board next year.

SB17-281 Hold Colorado Government Accountable Sanctuary Jurisdictions 
Subject: LOCAL CONTROL
Sponsors: V. Marble | T. Neville / P. Covarrubias | D. Williams
Summary:

The bill is known as the 'Colorado Citizen Protection Against Sanctuary Policies Act'. The bill includes a legislative declaration that states that addressing sanctuary jurisdictions is a matter of statewide concern and that makes findings about how sanctuary policies are contrary to federal law and state interests.

The bill states that it is the policy of this state to ensure, to the fullest extent of the law, that the state or a political subdivision (jurisdiction) of the state complies with federal immigration law. In addition, pursuant to a recent presidential executive order, the United States secretary of homeland security has the authority to designate, in his or her discretion and to the extent consistent with law, a jurisdiction as a sanctuary jurisdiction that willfully refuses to comply with federal immigration law. A jurisdiction that violates the following requirements is deemed to be out of compliance with the requirements of federal immigration law and is deemed to have established a sanctuary jurisdiction policy if it:

  • Prohibits, or in any way restricts any jurisdiction, official, or employee from sending to, or receiving from, federal immigration agencies information regarding the citizenship or immigration status, lawful or unlawful, of any individual; or
  • Prohibits, or in any way restricts, a jurisdiction from doing any of the following with respect to information regarding the immigration status, lawful or unlawful, of any individual:
  • Sending such information to, or requesting such information from, federal immigration agencies;
  • Maintaining such information;
  • Exchanging such information with any other federal, state, or political subdivision of the state; or
  • Encourages the physical harboring of an alien in violation of federal law.

A jurisdiction is also deemed to have created a sanctuary jurisdiction policy for purposes of the bill if it is officially notified by the federal department of justice or the federal department of homeland security that it is not in compliance with federal immigration law or if it has been denied federal grant funds based on lack of compliance with federal immigration law.

The governing body of a jurisdiction is required to provide written notice to each elected official, employee, and law enforcement officer of the jurisdiction of his or her duty to communicate and cooperate with the federal government concerning enforcement of any federal or state immigration law. On or before July 1, 2018, and on or before July 1 of each year thereafter, the governing body of any jurisdiction in this state is required to annually submit a written report and affirmation to the department of public safety (department) that the jurisdiction is in compliance with federal immigration law and the provisions of the bill. If the department does not receive those written reports and affirmations, the department is required to provide the name of that jurisdiction to the state controller.

On or before September 1, 2018, and on or before September 1 of each year thereafter, the department is directed to compile and submit annual reports on compliance to the general assembly and to the state controller. Commencing with the 2018-19 fiscal year and each fiscal year thereafter, the state controller is required to withhold the payment of any state funds to any jurisdiction that is found by the department to have failed to comply with the compliance and affirmation requirement. The state controller shall withhold funds until the department notifies the state controller that the jurisdiction is in compliance.

The department is required to republish on its website, once the information is available, the data reported by the federal immigration and customs enforcement agency that pertains to Colorado on the apprehension and release of aliens from custody as compiled by that agency and reported weekly pursuant to a federal memorandum issued by the federal department of homeland security.

The bill waives governmental immunity protection from claims brought against a jurisdiction and against its public employees for personal injuries caused to crime victims as a result of the jurisdiction creating sanctuary jurisdiction policies in violation of the federal law. Governmental immunity is waived and compensatory damages may be awarded under the 'Colorado Governmental Immunity Act' to the crime victim if the person who engaged in the criminal activity:

  • Is determined to be an illegal alien;
  • Had established residency in a jurisdiction that had adopted a sanctuary jurisdiction policy; and
  • Is convicted of the crime that is a proximate cause of the injury to the crime victim.

The bill states that nothing in the bill relating to compliance with federal immigration laws and nothing in the 'Colorado Governmental Immunity Act' shall be construed to require a jurisdiction or a public employee to violate an applicable court ruling from the United States tenth circuit court of appeals or the United States supreme court regarding the enforcement of any provision of federal immigration law.

The bill sets forth the requirements for determining when an illegal alien has established residency in a sanctuary jurisdiction. An 'illegal alien' is defined as a person who is not lawfully present within the United States, as determined by federal immigration law or by a federal immigration agency.

The bill includes a severability clause. The bill takes effect January 1, 2018, and applies to acts or omissions occurring on or after said date.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

News:
Status: 5/3/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position: Oppose
Boulder's Interest:

SB17-282 Dedicate Reservoir Release Environmental Purposes 
Subject: WATER
Sponsors: J. Sonnenberg / D. Esgar | H. McKean
Summary: Construction of new reservoirs or the expansion of existing facilities may involve the dedication of reservoir releases for mitigation purposes. Current law does not allow for the dedication, delivery and protection of such flows through a stream reach in all scenarios. The bill creates a water court process whereby releases from a storage reservoir to a downstream point of diversion or delivery may be dedicated to the CWCB under a contractual agreement with the owner of the storage water right and administered without diversion, exchange or substitution by the State Engineer’s Office, in the intervening reach for mitigation or environmental purposes.
News:
Status: 4/20/2017 Senate Committee on Agriculture, Natural Resources, & Energy Postpone Indefinitely
Position: Support
Boulder's Interest: As drafted, this would not apply to releases from Barker Reservoir or other City reservoirs, but would still seem to have value with respect to the Gross Environmental Pool and Boulder’s interests there. It would allow Boulder to work with CWCB to protect releases from the GEP for instream flows, so they can’t be diverted as part of augmentation plans or exchanges, and still make use of the conveyed water for municipal purposes downstream. It would enhance instream flow protections and the efficient utilization of water consistent with the city's legislative agenda position on water conservation and water rights.

SB17-290 Engineer Excavator Stamp Plan Underground Facility 
Subject: UTILITIES
Sponsors: K. Donovan | R. Scott
Summary:

Current law requires engineering plans involving excavation to include only general information about the location of underground facilities, and the excavator is the party with the duty to seek specific information about these facilities' locations. The bill requires:

  • Engineering plans involving excavation to include specific information about the location of underground facilities;
  • Engineers to use their official stamps on the plans; and
  • The stamped plans to be given to the person who will conduct the excavation.
    (Note: This summary applies to this bill as introduced.)

News:
Status: 5/2/2017 Senate Committee on Transportation Postpone Indefinitely
Position: Oppose
Boulder's Interest: • Discussions with several stakeholders are necessary to determine impacts and the issues that this proposal is intended to address. With the late introduction of this bill, these discussions have not occurred. Stakeholders should include: cities, utility providers, right of way managers (CDOT, county and city), State Board of Licensure for Architects, Professional Engineers and Professional Land Surveyors, and professional liability insurance representatives.

• The proposed transfer of responsibility and liability from construction contractors to the Engineer needs further study and clarification. This transfer of liability and the lack of clarity could harm the city’s ability to recover costs for damage to its utilities.

• The costs of engineering services for city projects may also increase with the proposed transfer of liability to the Engineer.

• The impact to smaller city projects such as new traffic control signs could be significant if those activities are required to have engineered plans depicting the location of all utilities.

• The city is responsible for responding to and completing requests to locate underground city facilities, including water, sewer, storm, fiber optic, city owned street lights and traffic signals. The bulk of these requests are currently generated from excavation and construction contractors. This bill will likely result in multiple requests from engineers for the city to conduct additional locates services during the design process, which will increase the number of locates the city must perform and therefore require additional resources to meet the demand.

SB17-303 State Highway System Funding And Financing 
Subject: TRANSPORTATION
Sponsors: J. Cooke | T. Neville / C. Wist | P. Neville
Summary:

On and after July 1, 2017, section 4 of the bill requires 10% of the net revenue generated by existing state sales and use taxes to be credited to the highway users tax fund, paid to the state highway fund for allocation to the department of transportation (CDOT), and spent by CDOT first to make payments due on any transportation revenue notes (TRANs) issued, subject to voter approval, as required by section 7 and, to the extent not needed for that purpose, for highway purposes or highway-related capital improvements as specified in section 6. Section 7 requires the submission of a ballot question to the voters of the state at the November 2017 statewide election, which, if approved, requires the executive director of CDOT to issue TRANs in a maximum principal amount of $3.5 billion and with a maximum repayment cost of $5.5 billion. TRANs must have a maximum repayment term of 20 years and must be paid first from the net state sales and use tax revenue paid to the state highway fund and allocated to CDOT by section 4 and thereafter from any legally available money under the control of the transportation commission. Section 8 requires TRANs proceeds to be used only to provide sufficient funding for the completion of economically and regionally significant state highway system projects throughout the state, including a specific list of projects.

Section 2 eliminates required statutory transfers from the general fund to the capital construction fund and the highway users tax fund for state fiscal years 2017-18, 2018-19, and 2019-20. Section 3 requires CDOT rules that govern the consideration of contractor bids for CDOT projects to require consideration of all bids submitted by prequalified contractors and prohibit shortlisting. Section 5 requires CDOT, with respect to any transportation projects for which it awards a competitively bid contract on or after July 1, 2018, to report on its public website within 30 days of the contract award and maintain on its website for at least one year thereafter all information, excluding specific corporate financial information, from all bidders submitted in response to its invitation for bids for the project.
(Note: This summary applies to this bill as introduced.)

News: Colorado lawmakers mount effort to expand alcohol sales in liquor stores and big box retailers
Status: 5/9/2017 Senate Second Reading Laid Over with Amendments to 05/11/2017 - Committee
Position: Oppose
Boulder's Interest:

SCR17-002 Real Estate Transfer Tax For Affordable Housing 
Subject: HOUSING
Sponsors: J. Kefalas
Summary:

The concurrent resolution deletes the prohibition in the state constitution on new or increased transfer tax rates on real property.

The concurrent resolution imposes a tax upon the recording of each real property deed at the rate of 1/10 of one percent of the value of the real property as specified in the deed for the privilege of transferring the title to real property (tax). A conveyance from one spouse or other marital partner to another or a correction deed are exempt from payment of the tax.

At the time any deed evidencing a transfer of title subject to the tax imposed is offered for recording, the county clerk and recorder is required to ascertain and compute the amount of the tax due and to collect the same from the purchaser of the real property as a prerequisite to acceptance of the deed for recording. The amount of tax is computed on the basis of the value of the transferred property as specified in the deed.

The county clerk and recorder is required to collect the amount due under the tax and certify the date of payment and the amount collected on the deed. The county clerk and recorder is authorized to retain 5% of the amount collected as his or her fee for collection and to further remit the balance on a quarterly basis to the county treasurer. The county treasurer is then required to transmit the same to the state treasurer for the deposit of such money into the already existing state housing investment trust fund (fund).

Under existing legal requirements not changed by the concurrent resolution, the fund is administered by the division of housing within the department of local affairs (division). In addition to the permissible uses of money deposited into the fund under existing statutory requirements, the concurrent resolution specifies that permissible uses of the money collected from the imposition of the tax that are deposited into the fund pursuant to the resolution include the uses specified in the resolution. The concurrent resolution specifies the type of new or existing programs that must be supported with money collected by the tax.

The concurrent resolution requires that any new or existing programs supported by the tax are to be administered by the division.

The concurrent resolution contains additional requirements governing the use of money in the fund.

The concurrent resolution specifies that its approval by the registered electors of the state voting on the ballot issue at the general election held in November 2017 constitutes a voter-approved revenue change to allow the retention and expenditure of state revenues in excess of the limitation on state fiscal year spending.

The general assembly may modify any of the provisions as necessary in order to facilitate a more effective administration of the provisions. However, such legislation shall not limit or restrict the imposition of the tax or the use of the money raised by the tax to promote the provision of affordable housing.
(Note: This summary applies to this concurrent resolution as introduced.)

News:
Status: 5/3/2017 Senate Committee on Agriculture, Natural Resources, & Energy Postpone Indefinitely
Position: Support
Boulder's Interest:

SJM17-006 Federal Fuel Tax Revenue To State For Transportation Projects 
Subject: TRANSPORTATION
Sponsors: T. Neville / T. Leonard
Summary: This joint resolution urge(s) “the Congress of the United States to enact legislation devolving transportation decision-making authority and funding to the states, and that thereupon, the state will establish a Colorado State Highway Trust Fund to receive all federal motor fuel tax revenue collected by Colorado fuel distributors, which revenue shall no longer be credited to the federal highway trust fund.”
News:
Status: 5/4/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position: Oppose
Boulder's Interest: Concerns:
- Colorado is often a “donee” state, receiving more in federal gas tax funding than is generated by the state. This could result in fewer federal funds coming to the state.
- The federal requirements, permits and restrictions would still apply to the federal aid system, irrespective of whether the funding is “federal” or “state”.
- Would likey require constitutional change to address TABOR constraints.