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S_LG_2016A 03/29/2016 02:01:15 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON LOCAL GOVERNMENT

Date: 03/29/2016
ATTENDANCE
Time: 02:01 PM to 03:47 PM
Donovan
X
Kefalas
X
Place: SCR 353
Martinez Humenik
X
Tate
*
This Meeting was called to order by
Ulibarri
X
Senator Marble
Crowder
X
Marble
*
This Report was prepared by
David Beaujon
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB16-171

SB16-168

HB16-1088
Referred to the Committee of the Whole - Consent Calendar

Amended, Referred to the Committee of the Whole - Consent Calendar

Amended, Referred to the Committee of the Whole





02:02 PM -- SB 16-171



Senator Martinez Humenik, co-prime sponsor, discussed the provisions of Senate Bill 16-171 concerning the New Energy Improvement District (NEID). She also distributed a fact sheet on the bill prepared by the Colorado Energy Office (Attachment A). The NEID is a statewide district that operates a program to facilitate private financing of energy and water improvements to eligible real property. The bill requires treasurers of counties that have authorized the NEID program to retain a 1 percent collection fee for each NEID special assessment that it collects. The bill also requires such treasurers to distribute NEID special assessments to the NEID in the same manner, less the collection fee, as property taxes are distributed. Such counties may also revoke program authorization so long as the county meets all of its program financing obligations existing on the effective date of the deauthorization until all special assessments in the county have been paid in full to the NEID. The bill repeals the authority of the NEID to reduce the amount of any special assessment with the consent of the property owner, and clarifies that delinquent special assessment installments incur interest charges at the same rate as delinquent property taxes. Finally, the bill repeals the prohibition against a county assessor considering increases in a property's market value resulting from an energy or water improvement financed through the NEID program when valuing real property. The bill also repeals exiting authority for the NEID to initiate a civil action for foreclosure.



160329 AttachA.pdf160329 AttachA.pdf



The following persons testified on the bill:



02:04 PM --
Paul Scharfenberger, New Energy Improvement District, spoke in support of the bill and discussed the role of the district. He also responded to questions from the committee about the bill.









02:08 PM --
Grant Nelson, International Council of Shopping Centers, National Association of Office Industrial Properties, spoke in support of the bill. He also responded to questions from the committee about the Colorado Commercial Property Assessed Clean Energy (C-PACE) program.



02:16 PM -- Melanie Layton, Colorado Bankers Association, spoke in support of the bill.



02:18 PM



The chair closed testimony and Senator Martinez Humenik closed her remarks on the bill.

BILL: SB16-171
TIME: 02:18:54 PM
MOVED: Martinez Humenik
MOTION: Refer Senate Bill 16-171 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 7-0.
SECONDED:
VOTE
Donovan
Yes
Kefalas
Yes
Martinez Humenik
Yes
Tate
Yes
Ulibarri
Yes
Crowder
Yes
Marble
Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS



02:19 PM -- SB 16-168



Senator Roberts, prime sponsor, discussed the provisions of Senate Bill 16-168 concerning local governments from adjoining states and airport authorities. She also distributed Amendment L.002 (Attachment B). This bill allows a county or municipality from an adjoining state to be part of a public airport authority in Colorado by authorizing a Colorado county or two or more counties and municipalities to enter into an agreement to operate an airport jointly. The airport authority must be created in Colorado and must use a legal newspaper in Colorado for the posting of official publications. Members of the board must be Colorado taxpayers and resolutions of the authority must not violate the adjoining state's laws.



160329 AttachB.pdf160329 AttachB.pdf



The following persons testified on the bill:



02:21 PM --
Julie Westendorff, Colorado Counties, Inc., La Plata County, spoke in support of the bill and distributed a fact sheet on the bill (Attachment C).



160329 AttachC.pdf160329 AttachC.pdf







02:31 PM --
Dianne Criswell, Colorado Municipal League, spoke in support of the bill.



02:32 PM



The chair closed testimony and Senator Roberts closed her remarks on the bill.

BILL: SB16-168
TIME: 02:33:04 PM
MOVED: Kefalas
MOTION: Adopt amendment L.002. The motion passed without objection.
SECONDED:
VOTE
Donovan
Kefalas
Martinez Humenik
Tate
Ulibarri
Crowder
Marble
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL: SB16-168
TIME: 02:34:09 PM
MOVED: Kefalas
MOTION: Refer Senate Bill 16-168, as amended, to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 7-0.
SECONDED:
VOTE
Donovan
Yes
Kefalas
Yes
Martinez Humenik
Yes
Tate
Yes
Ulibarri
Yes
Crowder
Yes
Marble
Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS











02:35 PM -- HB 16-1088



Senator Roberts, prime sponsor, discussed the provisions of House Bill 16-1088 concerning fire protection district impact fees on new developments. She also distributed Amendment L.010 (Attachment D). The reengrossed bill authorizes a local government to impose an impact fee on new construction to fund fire and emergency services provided by that local government. Prior to issuing a development permit, the local government is required to: confer with any fire and emergency services provider that will provide services to the new development, and with the owner or developer to assess and determine if an impact fee or other similar development charge is required; and enter into an intergovernmental agreement defining such fees or development charges and the details of collection and remittance. Any local government that imposes an impact fee or development charge to fund fire and emergency services is required to pay the fees or charges collected to the fire or emergency service provider(s).



160329 AttachD.pdf160329 AttachD.pdf



The following persons testified on the bill:



02:41 PM --
Evan Goulding, Special District Association of Colorado, spoke in support of the bill and discussed the case law and legislative history of impact fees.



02:52 PM --
Ken Watkins, President, Colorado State Fire Chiefs, Fire Chief of City of Grand Junction, spoke in favor of the bill and discussed funding challenges experienced by fire protection districts. He also responded to questions from the committee about the bill and current law related to impact fees. He also discussed the authority of special districts to increase mill levies.



03:03 PM --
T.J. Steck, Fire Chief for Elizabeth Fire Protection District, representing the Colorado State Fire Chiefs, spoke in favor of the bill and discussed House amendments to the bill. He also responded to questions from the committee about previous legislation related to impact fees and the number of fire protection districts in Colorado that would be affected by the bill.



03:15 PM --
Jeff Thormodsgaard, Build Street,National Association of Office Industrial Properties, explained that the organizations that he represents are neutral on the bill and spoke in support of Amendment L010. He also responded to questions about Amendment L..010.



03:27 PM --
Meghan Dollar, Colorado Municipal League, spoke in support of the bill and Amendment L.010. She also responded to questions from the committee about the effect of the bill on municipalities.





03:31 PM



The chair closed testimony and Senator Roberts closed her remarks on the bill.

BILL: HB16-1088
TIME: 03:36:44 PM
MOVED: Kefalas
MOTION: Adopt amendment L.010 (Attachment D). The motion passed without objection.
SECONDED:
VOTE
Donovan
Kefalas
Martinez Humenik
Tate
Ulibarri
Crowder
Marble
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL: HB16-1088
TIME: 03:37:44 PM
MOVED: Kefalas
MOTION: Refer House Bill 16-1088, as amended, to the Committee of the Whole. The motion passed on a vote of 4-3.
SECONDED:
VOTE
Donovan
Yes
Kefalas
Yes
Martinez Humenik
No
Tate
No
Ulibarri
Yes
Crowder
Yes
Marble
No
Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS



03:47 PM



The committee adjourned.




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