House Committee on Local Government (04/21/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON LOCAL GOVERNMENT

Date:	04/21/2009	ATTENDANCE

Time:	03:18 PM to 07:05 PM	Acree	X
		Bradford	X
Place:	HCR 0107	Liston	*
		McKinley	*
This Meeting was called to order by		Middleton	X
	Representative Peniston	Schafer S.	*
		Tipton	X
This Report was prepared by		Vigil	X
	Raegan Robb	Waller	X
		Soper	X
		Peniston	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB09-1346 HB09-1350 HB09-1359 SB09-249		Amended, Referred to the Committee of the Whole Amended, Laid Over Referred to the Committee of the Whole Referred to the Committee of the Whole

03:17 PM

The committee chair, Representative Peniston, called the meeting to order.

03:17 PM -- House Bill 09-1346

Representative T. Carroll, prime sponsor of House Bill 09-1346, discussed the bill, which concerns the authorization for public entities in the state to fully utilize the financing instruments available to them under the federal economic stimulus act known as the "American Recovery and Reinvestment Act of 2009" (ARRA).

03:20 PM

Cary Kennedy, State Treasurer, discussed the need for the bill to provide the statutory authority to allow public entities in the state to fully utilize the financing instruments available under the federal economic stimulus act known as the ARRA. Treasurer Kennedy discussed the need for local governments to use federal money to finance debt for community projects at a lower rate and distributed a handout concerning Colorado ARRA bond estimations (Attachment A). She talked about the bond market and discussed the process for local governments to use federal funds to finance bonds for community projects and programs.

03:35 PM

Treasurer Kennedy responded to questions from the committee members concerning the federal requirements for receiving funding and refinancing current bonds. She also explained how unused federal funds could be reallocated to other state needs or revert back to the federal government. She discussed the various types of projects in the state that would benefit from ARRA funds and the ability to levy bonds with such funds. She also talked about the staffing needs to implement ARRA funds at the state and local levels, explained how federal funds are prioritized according to federal formulas, and explained that funds for school districts would be distributed by an independent board according to the provisions of the bill.

03:54 PM

Treasurer Kennedy addressed questions from the committee members concerning the fiscal impact of the bill and discussed how unused ARRA funds would be allocated to other public entities. She discussed the federal population requirements for some of the ARRA funding based on population formulas.

03:59 PM

John Karakoulakis, testified in support of the bill and discussed the need for an additional FTE to handle the additional requirements of ARRA funding on the Department of Higher Education.

04:00 PM

Representative T. Carroll made closing comments on the bill and discussed prepared amendments L.001 (Attachment B) and L.004 (Attachment C).


BILL:	HB09-1346
TIME:	04:01:24 PM
MOVED:	Middleton
MOTION:	Moved amendment L.004 (Attachment B). The motion passed without objection.
SECONDED:	Soper
		VOTE
	Acree
	Bradford
	Liston
	McKinley
	Middleton
	Schafer S.
	Tipton
	Vigil
	Waller
	Soper
	Peniston

Not Final YES: 0 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: Pass Without Objection

04:01 PM

Mary Wickersham, Office of the State Treasurer, addressed the committee to explain L.001 (Attachment C).


BILL:	HB09-1346
TIME:	04:02:50 PM
MOVED:	Middleton
MOTION:	Moved amendment L.001 (Attachment C). The motion passed without objection.
SECONDED:	Schafer S.
		VOTE
	Acree
	Bradford
	Liston
	McKinley
	Middleton
	Schafer S.
	Tipton
	Vigil
	Waller
	Soper
	Peniston

Not Final YES: 0 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1346
TIME:	04:03:03 PM
MOVED:	Middleton
MOTION:	Moved to refer House Bill 09-1346, as amended, to the Committee of the Whole. The motion passed on a 8-3 roll call vote.
SECONDED:	Schafer S.
		VOTE
	Acree	No
	Bradford	Yes
	Liston	No
	McKinley	Yes
	Middleton	Yes
	Schafer S.	Yes
	Tipton	Yes
	Vigil	Yes
	Waller	No
	Soper	Yes
	Peniston	Yes

Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:07 PM -- House Bill 09-1350

Representative Miklosi, prime sponsor of House Bill 09-1350, concerning the "New Energy Improvements and Jobs Creation Act of 2009," introduced the bill. He explained that the bill creates energy improvement districts and authorizes the district to fund new energy improvements by issuing bonds and a voluntarily tax on real property in the district. Representative Miklosi explained that the bill clarifies that the energy improvement districts would not be subject to the provisions of Section 20, of Article X of the state constitution, also know as the Taxpayer's Bill of Rights (TABOR). He discussed how energy improvement districts would be formed and talked about the qualifications, terms, and the appointment process of the board of directors of a district.

04:25 PM

Representative Miklosi addressed questions from the committee members and distributed a handout on the bill (Attachment D) and letters of support to the committee (Attachment E).

04:27 PM

Ann Livingston, Boulder County, testified in support of the bill and discussed the need to stimulate local economies through the creation of new energy improvement districts. Ms. Livingston addressed questions from committee members concerning a loan program implemented by Boulder County to support energy efficiencies for individual homes.

04:41 PM

Representative Miklosi and Ms. Livingston addressed questions concerning the ability of an energy improvement district to issue a mill levy without approval by electors in the special district.

04:43 PM

Dee Wisor, Sherman & Howard L.L.C., testified in support of the bill and discussed the authority of energy improvement districts to establish a mill levy. Mr. Wisor addressed questions from committee members concerning property assessments and the status of bonds that would be issued by an energy improvement district.

04:53 PM

David Hiller, Colorado Renewable Energy Collaboratory, testified in support of the bill and talked about the importance of the bill in improving renewable energy industries. Mr. Hiller addressed questions from committee members concerning new renewable energy technologies and how the bill will improve the renewable energy job sector.

04:59 PM

Ron Binz, Chairman, Colorado Public Utilities Commission, testified in support of the bill and explained that the bill would improve the renewable energy industry. He talked about the role of the Colorado Public Utilities Commission in regulating renewable energy standards in the state. Mr. Binz addressed questions from the committee members concerning the need to improve energy efficiencies for individual homes and businesses.

05:09 PM

Beth Hart, Colorado Solar Energy Industries Association, testified in support of the bill and discussed the potential job benefits for the state by improving the renewable energy sector.

05:13 PM

Representative Miklosi addressed questions from the committee members concerning the ability and procedure for energy improvement districts to issue bonds.

05:14 PM

Kristen Thomson, Southwest Wind Power and Rocky Mountain Farmers Union, testified in support of the bill, discussed the benefits of the bill, and specified how wind-powered products can improve energy efficiency on larger properties. Ms. Thomson addressed questions from the committee members concerning requirements and restrictions on large wind-powered products.

05:19 PM

John Lefebvre, Colorado County Treasurer's Association, addressed the committee to discuss concerns over potential administrative costs for county treasurers, but explained that these concerns were addressed by prepared amendment L.002 (Attachment F).

05:23 PM

Representative Miklosi and Mr. Lefebvre discussed prepared amendment L.002 (Attachment F).

05:23 PM

Ben Prochazka, Colorado Environmental Coalition, and Pam Kiely, Environment Colorado, testified in support of the bill and explained the benefits of the bill to Colorado's renewable energy economy.

05:30 PM

Representative Miklosi addressed questions from committee members concerning current bond market conditions and loans for energy efficiency improvements.

05:38 PM

Barbara Walker, Independent Bankers of Colorado, testified against the bill and explained that loans supplied by energy improvement districts should be limited to low-to-moderate income housing. Ms. Walker discussed the need for mandatory energy audits in the bill and talked about the need to combine more private-public funding for renewable energy projects. Ms. Walker addressed questions from committee members concerning loans by independent banks for home energy efficient improvements.

05:47 PM

Don Childears, Colorado Bankers Association, testified against the bill and explained that banks are providing more loans to homeowners for energy efficiency improvements. Mr. Childears discussed problems with public entities competing with private banks for loan funding. Mr. Childears addressed questions from the committee members.

05:55 PM

Representative Miklosi made closing comments on the bill and discussed prepared amendment L.002 (Attachment F).


BILL:	HB09-1350
TIME:	05:58:15 PM
MOVED:	Peniston
MOTION:	Moved amendment L.002 (Attachment F). The motion passed on a 6-4 roll call vote.
SECONDED:	Soper
		VOTE
	Acree	No
	Bradford	No
	Liston	Yes
	McKinley	Excused
	Middleton	Yes
	Schafer S.	Yes
	Tipton	No
	Vigil	Yes
	Waller	No
	Soper	Yes
	Peniston	Yes

Not Final YES: 6 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS

06:00 PM

Representative Peniston laid House Bill 09-1350 over to Thursday, April 23.

06:02 PM -- House Bill 09-1359

Representative A. Kerr, prime sponsor of House Bill 09-1359, concerning the governance of common interest communities under the "Colorado Common Interest Ownership Act", introduced the bill. Representative A. Kerr explained that the bill requires board members of a common interest community to receive relevant information related to the operation of a community. The bill also establishes uniform election standards for the executive board of a community and the delegation of authority on the board.

06:06 PM

Peter Minahan, representing himself, testified in support of the bill and discussed the need for transparency in common interest communities and for community members to receive relevant information related to major operations. Mr. Minahan addressed questions from committee members concerning a requirement in the bill for an executive board to study and identify how it proposes to pay for scheduled repair or for the replacement of reserve assets.

06:22 PM

Jerry Orten, Community Associations Institute, testified in support of the bill and talked about the high number of homeowner associations in the state. Mr. Orten discussed changes to the Colorado Common Interest Ownership Act by Senate Bill 05-100 and explained his opposition to the prepared amendments.

06:29 PM

Representative Green addressed the committee and discussed the need to amend the bill and discussed prepared amendments L.001 (Attachment G) and L.002 (Attachment H). She also distributed a handout to the committee concerning the payments made to her own homeowners association (Attachment I).

06:36 PM

Representative Kerr responded to the prepared amendments.


BILL:	HB09-1359
TIME:	06:38:01 PM
MOVED:	Peniston
MOTION:	Moved to amend prepared amendment L.002 (Attachment H), page 1, strike lines 15 through 19. The motion failed on a 4-6 roll call vote.
SECONDED:	Schafer S.
		VOTE
	Acree	No
	Bradford	No
	Liston	No
	McKinley	Excused
	Middleton	Yes
	Schafer S.	Yes
	Tipton	No
	Vigil	No
	Waller	No
	Soper	Yes
	Peniston	Yes

Not Final YES: 4 NO: 6 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:	HB09-1359
TIME:	06:48:25 PM
MOVED:	Peniston
MOTION:	Moved amendment L.001 (Attachment G). The motion failed on a 3-7-1 roll call vote.
SECONDED:	Schafer S.
		VOTE
	Acree	No
	Bradford	No
	Liston	No
	McKinley	Excused
	Middleton	No
	Schafer S.	Yes
	Tipton	No
	Vigil	Yes
	Waller	No
	Soper	No
	Peniston	Yes

Not Final YES: 3 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:	HB09-1359
TIME:	06:53:46 PM
MOVED:	Peniston
MOTION:	Moved amendment L.001 (Attachment H). The motion failed 2-8 on a roll call vote.
SECONDED:	Schafer S.
		VOTE
	Acree	No
	Bradford	No
	Liston	No
	McKinley	Excused
	Middleton	No
	Schafer S.	Yes
	Tipton	No
	Vigil	Yes
	Waller	No
	Soper	No
	Peniston	No

Not Final YES: 2 NO: 8 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:	HB09-1359
TIME:	06:54:59 PM
MOVED:	Waller
MOTION:	Moved to refer House Bill 09-1359 to the Committee of the Whole. The motion passed 10-0-1 on a roll call vote.
SECONDED:	Vigil
		VOTE
	Acree	Yes
	Bradford	Yes
	Liston	Yes
	McKinley	Excused
	Middleton	Yes
	Schafer S.	Yes
	Tipton	Yes
	Vigil	Yes
	Waller	Yes
	Soper	Yes
	Peniston	Yes

Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

07:01 PM -- Senate Bill 09-249

Representative A. Kerr, prime sponsor of Senate Bill 09-249, concerning the applicability for small common-interest communities of recently enacted provisions of the "Colorado Common Interest Ownership Act," introduced the bill. Representative Kerr explained that the bill requires certain small communities under the Colorado Common Interest Ownership Act to allow:

the display of American flags, service flags, and political signs;
the parking of emergency vehicles by residents employed as first responders;
the trimming of vegetation for fire mitigation purposes;
modifications required for accessibility by a resident with disabilities; and
the installation or use of energy efficiency measures.

07:02 PM

Pat Pascoe, American Civil Liberties Union of Colorado, testified in support of the bill and discussed reasons for small homeowners associations to allow some of the items and activities included under the bill.

07:02 PM

Jerry Orten, Community Associations Institute, testified in support of the bill and talked about problems within homeowners associations that would improve with Senate Bill 09-249.

07:03 PM

Representative Kerr entered closing comments on the bill.


BILL:	SB09-249
TIME:	07:04:42 PM
MOVED:	Middleton
MOTION:	Moved to refer Senate Bill 09-249 to the Committee of the Whole. The motion passed on a 10-0-1 roll call vote.
SECONDED:	Vigil
		VOTE
	Acree	Yes
	Bradford	Yes
	Liston	Yes
	McKinley	Excused
	Middleton	Yes
	Schafer S.	Yes
	Tipton	Yes
	Vigil	Yes
	Waller	Yes
	Soper	Yes
	Peniston	Yes

Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

07:05 PM

The committee adjourned.