Date: 02/05/2009

Final
BILL SUMMARY for HB09-1106

HOUSE COMMITTEE ON LOCAL GOVERNMENT

Votes: View--> Action Taken:
Moved amendment L.001 (Attachment C). The motion
Moved to postpone House Bill 09-1106 indefinitely.
Moved to refer House Bill 09-1106, as amended, to
Pass Without Objection
PASS
FAIL



10:35 AM -- House Bill 09-1106

Representative Hullinghorst, prime sponsor, presented House Bill 09-1106, concerning codification of the pending ordinance doctrine for land use approvals by local governments. Representative Hullinghorst explained that the bill would allow a local government to apply a pending ordinance to an existing development application. The bill would authorize a local government to adopt new or amended land use regulations and changes would apply to a pending land use request at the time of the adoption of a new regulation or ordinance.

10:40 AM

Chris Elliott, representing the Colorado Association of Home Builders, testified against the bill and distributed a handout to the committee (Attachment B). Mr. Elliott discussed reasons why the bill would deter development in cities and counties and provided examples of problems with local moratoriums on development. He addressed questions from the committee concerning bank lending for home builders and explained that House Bill 09-1106 would make it harder for home builders to determine a project budget ahead of time in order to acquire project loans.

090205AttachB.pdf

10:47 AM

Donnah Moody, representing the Colorado Association of Commerce and Industry and Tri-State Generation and Transmission Association Inc., testified against the bill and explained that the bill would interrupt development projects and creates regulatory uncertainty for business and development throughout the state.

10:49 AM

Geoffrey Hier, representing the Colorado Rural Electric Association, testified against the bill and explained that projects that involve electric generation and transmission lines would be harder to implement under the provisions of House Bill 09-1106. Mr. Hier explained that the bill would allow local governments to interrupt long-term projects and addressed questions from the committee concerning the ability of local governments to modify ordinances for development projects.

10:53 AM

Thomas Davidson, County Commissioner, Summit County, testified in support of the bill and discussed the need for counties to control rapid development. He talked about specific development in Summit County and the need to change county development regulations while certain developments are going through the land use process. He discussed the amount of timber killed by the beetle epidemic in Summit County and explained that the bill would also permit local governments to adopt emergency ordinances and apply them to existing development applications. Commissioner Davidson addressed questions from the committee concerning county land use codes, the ability to implement moratoriums on development, and the need to adopt new land use regulations on pending developments.

11:04 AM

Jeff Huntley, County Attorney, Summit County, and Larry Hoyt, County Attorney, Boulder County, testified in support of the bill and explained that the bill would allow local governments to have the ability to consider changes to their land use code for pending development. Mr. Hoyt explained the process of a development application and the authority to amend the county land use code proposed under House Bill 09-1106. He explained changes to land use codes that are implemented prior to a final decision on a development application would apply to the development under the bill. Mr. Hoyt and Mr. Huntley responded to questions from the committee concerning the ordinance process under House Bill 09-1106.

11:16 AM

Pat Ratliff, representing Colorado Counties Inc., and the Colorado Municipal League, testified in support of the bill and explained that many home rule cities in the state already have pending ordinance authority. She discussed the benefits for home rule cities to have this authority and talked about the problems for counties without the authority to adopt ordinances on development.

11:20 AM

Representative Hullinghorst discussed prepared amendment L.001 (Attachment C) and entered closing comments on the bill.
BILL:HB09-1106
TIME: 11:21:33 AM
MOVED:Vigil
MOTION:Moved amendment L.001 (Attachment C). The motion passed without objection.
SECONDED:Middleton
VOTE
Acree
Bradford
Liston
McKinley
Middleton
Excused
Schafer S.
Tipton
Vigil
Waller
Soper
Peniston
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

090205AttachC.pdf

BILL:HB09-1106
TIME: 11:21:51 AM
MOVED:Vigil
MOTION:Moved to refer House Bill 09-1106, as amended, to the Committee of the Whole. The motion failed on a 1-10 vote.
SECONDED:Peniston
VOTE
Acree
No
Bradford
No
Liston
No
McKinley
No
Middleton
No
Schafer S.
No
Tipton
No
Vigil
Yes
Waller
No
Soper
No
Peniston
No
Not Final YES: 1 NO: 10 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB09-1106
TIME: 11:25:51 AM
MOVED:Waller
MOTION:Moved to postpone House Bill 09-1106 indefinitely. The motion passed on a 10-0-1 vote.
SECONDED:Bradford
VOTE
Acree
Yes
Bradford
Yes
Liston
Excused
McKinley
Yes
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




11:26 AM

The committee stood in a brief recess.