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Under the Dome: Governor Unveils Affordable Housing and Land Use Proposal

Priola, Marchman Pushed to Vote Against Transportation Sneak Attack

The long awaited and much anticipated affordable housing bill, Senate Bill 23-213 was unveiled by Governor Jared Polis last week.  The NCLA will consider the over 100-page proposal during its board meeting this week.  The proposal outllines a series of statewide policy provisions including an overlay of statewide minimum standards for local governments to follow in their land use decision making related to housing, parking and higher densities in identified regions of the state.   Further, the state, the plan articulates, “shall set Strategic Growth Objectives to incentivize growth in transit-oriented areas, infill areas, and strategic and efficient growth at the edges of urban areas.”

In presenting the measure the Governor and advocates noted the proposal’s benefits to driving housing options that are “more affordable and use less energy, water and land.”  The plan contemplates the state standards around future growth in the state to serve as a “’north star’ to guide state, regional, and local entities as they make funding and planning decisions with the objective to make “progress towards state goals around cost savings for residents and governments, reduced water consumption, lower greenhouse gas and air pollution emissions, and reduced loss of open space and agricultural lands.”

Fort Collins, Loveand and Greeley, by their community size, would be subjected to policy standards applicable to “Tier One” municipalities including:

  • A required housing needs assessement and plan.
    • Housing Needs Plans are the mechanism for municipalities to report implementation efforts for ADUs, Middle Housing, and Transit Oriented Communities/Key Corridors.
  • Accessory Dwelling Units and “Middle Housing”
    • Give property owners the option to build ADUs and Middle Housing (duplexes, townhomes, triplexes, quadplexes, multiplexes up to 6 units) within existing residential areas.
    • Projects that meet the standards must be administratively approved by the municipality.
    • Municipalities may not require new off-street parking for these housing types
  • Transit Oriented Communities and Key Corridors
    • TOC and Key Corridors are areas where multi-family housing can be located near jobs and transit within existing urbanized area
    • Zoning must meet a minimum gross density of 40 units per acre and minimum district size.
    • Municipalities must approve multi-family housing in these areas administratively as a permitted use.
  • Affordability Barriers
    • Minimum unit square footage:  
      • Municipalities may not require minimum square footage for residential units,
    • Family status occupancy restrictions:
      • Municipalities (and counties) may not establish or enforce residential occupancy limits based on familial relationships
    • Streamlining manufactured housing:
      • Municipalities may not treat the development of manufactured/modular housing differently than the development of site built units.
    • Transportation:
      • Ensure transportation planning is consistent with state Strategic Growth Objectives through updates to the following:

Municipal leaders across Colorado, through the Coloado Municipal League, are expressing strong opposition to the measure claiming it usurps historic and constitutional local control in the name of state interests.  Colorado Springs Mayor John Suthers, whose city just completed its own land-use reform, was recently quoted to say, “…apparently, we’re too stupid to understand the need for affordable housing and only the state understands what we need to do.”

NCLA Leads Coalition To Push NoCo Senators to Vote No on Surprise Transportation Funding Policy

After learning that State Senate Transportation Committee Chair Faith Winter slipped an amendment into a House bill to change representation on the State Transportation Advisory Committee (STAC) by making a complete change to how Colorado’s Transportation Planning Regions (TPRs) are defined and drawn, as described by last week’s UTD, the NCLA jumped into action to reverse the policy. 

Senator Barb Kirkmeyer (R-Weld) has taken point within the Senate to rebuke the amendment.  Senator Joann Ginal (D-Larimer) also opposes the amendment.  The NCLA is leading a NoCo coalition with Weld County, the City of Greeley and other NoCo leaders to push Senator Kevin Priola (D-Weld/Adams) and Senator Janice Marchman (D-Larimer/Boulder) to vote against the conference committee amendment. 

In a letter sent to the Senators, the NoCo Coalition shared:

“The Northern Colorado Legislative Alliance*, Weld County, the City of Greeley, the City of Loveland MPO Representative, and the Chairs of the North Front Range MPO and Upper Front Range TPR are ardently opposed to the amendment to HB 23-1101 coming out of the Senate Transportation Committee and are equally firmly opposed to HB 23-1101’s First Conference Committee Report amendment.  We strongly urge your “No” vote on the motion to adopt the Conference Committee Report in the Senate.”

Arguing that there hasn’t been a call by the appropriate bodies for a change to the TPR boundaries and furthermore, processes exist internal to the Transportation Commission and the STAC for changes if there is a demand.

Northern Colorado, through our North Front Range Metropolitan Planning Organization (NFRMPO) and the Upper Front Range Transportation Planning Region (UFR TPR), retains two critical seats on the State Transportation Advisory Committee (STAC) of its 17 members.  Based upon the criteria outlined in the report, the letter argues, it is very likely there will be a collapse of our two TPRs into one, thereby diminishing northern Colorado’s voice on the STAC with the consequential result being a diminished voice in the funding process and fewer dollars flowing to the region. 

“We are ex-urban, front range communities,” the NCLA Coalition stated, “with major interstates (I-25, I-76) and highways (e.g. US 34, US 85, US 287) with significant lane miles intersecting our region with substantial, and critically important, freight, farm-to-market and passenger movement.  Consequently, our interests align with maintaining the long proven and established TPR Boundaries and STAC structure, priorities, and representation.”

The Senate will take up the question of the adoption of the amendment in the conference committee report this week.  

NCLA Tracking Report

On a bi-weekly basis, the NCLA Board reviews and considers its position on pending legislation.  See the NCLA 2023 Legislative Tracking Report for the list of bills, thus far introduced, in which the NCLA is engaged.

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Under the Dome – Transportation: Move to Undercut Rural and NoCo Presence; Future NoCo Road Projects Need Input

More bills introduced impacting business

Last week, Senate Transportation Committee Chair, Senator Faith Winter (D-Broomfield), slipped an amendment into a House bill to change representation on the State Transportation Advisory Committee by making a complete change to how Colorado’s Transportation Planning Regions (TPRs) are defined and drawn.  The result would dramatically undercut northern Colorado and rural Colorado presence in state funding decisions. 

The amendment to House Bill 1101 would direct CDOT to allocate the 15 TPRs based upon population and remove lane miles as a factor, orienting the majority of TPR representation to the urban, metro area core.  for proportionality.  The result would be a collapsing of two of the TPRs in Northern Colorado — NFRMPO and Upper Front Range TPR — into one.  It would also greatly limit the number of TPR covering rural Colorado.  Colorado Sun did a piece on the change and the resulting politics surrounding it.  

The change was made to HB 1101 regarding “Ozone Season Transit Grant Program Flexibility”.  The change has prompted a significant backlash, the Speaker of the House, Julie McCluskie of Silverthorne is intervening.   It’s a bill the NCLA previously took a position to support prior to the amendment.  Given the implications of the amendment,  last week, the NCLA Board reversed their position to “oppose unless amended.”  The Speaker has assured us that she intends to strip the amendment in a conference committee.

NoCo’s Key Roadway Corridors Call for Support

The 2050 Regional Transportation Plan (RTP)  is in development by the North Front Range MPO and northern Colorado’s regional roadway’s need community support to be positioned to secure funding.  A process undertaken every four years, the RTP is used to funnel regional priority transportation and transit projects into the Colorado Department of Transportation’s 10-year funding plan.  Each project is prioritized based on multiple factors including the input of community regaring needs and preference.   

In order to assure the plan has input from the perspective of assuring roadways are adequately funded in the near and long term, we invite you to take a few minutes to participate in their online “Corridor Visioning” project for the 2050 RTP which allows community input into the critical planning process.  This plan will set the tone for the next four years of project investment throughout the region.  As an NCLA we’ve done a great job advocating and securing the resources for North I-25.  As we continue our work there, the east west regional corridors are our next priority.  You have the opportunity to “vote” for a number of the corridors in the region that are important to you.  We encourage a vote for North I-25 and those key east west corridors you deem important to you.  You can also expand upon your vote by commenting and answering questions about the corridor.

The site is a bit clunky.  To spare you some time, scroll to the bottom of under the dome for an overview of the key links.

More Bills Impacting Business Introduced

The NCLA Board will consider a series of new bills just introduced in the last 10 days.  Leading the measures is Senate Bill 23-172 regading “Protecting Opportunities and Worker’s Rights”.  A revisit of the issue that was defeated in less friendly political environment, the bill expands the definition of workplace discrimination or unfair employment practices within Colorado anti-discrimination laws.    Among other provisions included in the bill are the following:

  • Adds a new definition of harass or harassment and repeals the current definition of harass that requires creation of a hostile work environment;
  • Adds protections from discriminatory or unfair employment practices for individuals based on their marital status;
  • Specifies that in harassment claims, the alleged conduct need not be severe or pervasive to constitute a discriminatory or unfair employment practice;
  • For purposes of the exception to otherwise discriminatory practices for an employer that is unable to accommodate an individual with a disability who is otherwise qualified for the job, eliminates the ability for the employer to assert that the individual’s disability has a significant impact on the job as a rationale for the employment practice;
  • Specifies that it is a discriminatory or an unfair employment practice for an employer to fail to initiate an investigation of a complaint or to fail to take prompt, reasonable, and remedial action

Labor

SB23-172Protecting Opportunities And Workers’ Rights Act

Transportation and Land Use

HB23-1233Electric Vehicle Charging And Parking Requirements

Economic Development

SB23-175Financing Of Downtown Development Authority Projects

Oil/Gas 

HB23-1242Water Conservation In Oil And Gas Operations

Health Care

HB23-1243Hospital Community Benefit

HB23-1227Enforce Laws Against Pharmacy Benefit Managers

2050 Regional Transportation Plan

Thank you all for participating in North Front Range MPO 2050 Regional Transportation Plan corridor priority survey.  It’s super important!  Click here to begin!

First Page:  For the region’s critical roadways corridors, click on box #2: “2050 Corridor Visioning: Regionally Significant”.  

Next Page:  In the right column, you can click on the specific project to expand and “vote”.  Alternatively, you can click on one of the colored lines in the map and the corridor will also expand in the right column.  At the top of the page, where you see “02 / 05” this is where you can navigate to “transit” and “active” corridors as well.

Next:  Once you click on a corridor, in the map or in the right column, the details of the corridor expand beneath the roadway title.  Scrolling down within in that information frame will bring you to the “heart” and “speech” links.  This is where you “vote” for the corridor as a priority.   You can vote for as many corridors as you wish by going back to each in the list.  

Lastly, you can offer “comments” and feedback on the corridor when you click on the “speech” bubble and the comment section expands. Comment is not required to vote for a corridor, however. 

Thank you all for participating in North Front Range MPO 2050 Regional Transportation Plan corridor priority survey.  It’s super important!   Also, feel free to share the survey with your work colleagues and friends.

NCLA Tracking Report

On a bi-weekly basis, the NCLA Board reviews and considers its position on pending legislation.  See the NCLA 2023 Legislative Tracking Report for the list of bills, thus far introduced, in which the NCLA is engaged.

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Under the Dome: Tougher Air Quality Policy Concept Revealed

New Layer of Permitting Would be Imposted Upon Oil/Gas Sector

On the heels of the EPA decision last summer to designate the Denver Metro Area and the North Front Range in “severe non-attainment” of their strict air quality standards, environmental organizations and progressive legislators have been crafting a measure to impose stronger emission restrictions and permitting requirements upon all industry sectors.   The plan was revealed in a policy concept paper shared with NCLA and some stakeholders last week.

The concept paper revealed a new layer of permitting requirements for all “non-road” engines including the filing of a construction permit with the Air Pollution Control Division (APCD) and a newly required Air Pollutant Emission Notice (APEN) for new and broader classes of industry sectors.

Additionally, the oil and gas sector, already under the regulatory authority of the Colorado Oil and Gas Conservation Commission and the strict rules established by Senate Bill 19-181, would be required to secure a construction permit by the APCD, as stated specifically, “a person shall not commence oil and gas operations without first receiving permit approval from both APCD and COGCC”.  

Why it matters:  The bill and new regulatory scheme is intended to establish for industry and further hobble the oil and gas sector and key industry sectors to strike at the new air quality non attainment status.  Certain legislators have lamented that the COGCC has not regulated the o/g sector “as 181 intended” and are using the regulatory processes under the APCD to accomplish their objective of shutting the industry down.  In so doing, they also severerly undermine all other industry sectors. 

What’s Next:  Bill Sponsors Senator Faith Winter and Representative Jennifer Bacon will introduce the measure in the coming weeks with the backing of the Environmenal Defense Fund, Conservation Colorado and EarthWorks.

Status Report

House Bill 23-1190  Affordable Housing Right of First Refusal                  Opposed

Creates a right of first refusal for a local government to match an acceptable offer for sale of a residential or mixed use, multi-family property for use as long term affordable housing.   The bill is scheduled for its first hearing on Tuesday, February 28.  NCLA Vice Chair Joe Rowan will testify on behalf of the NCLA before the Transportation, Housing and Local Government Committee conveying our opposition due to the market implications of the approach. 

House Bill 23-1118:  Fair Work Week                                                                   Opposed

Since the bill’s delay in committee last week, sponsors have been working on amendments to satisfy sufficient number of committee members to pass the bill out of committee.   The bill has been rescheduled for committee action on Thursday, March 2nd.  Sponsors will share amendments this week.

House Bill 23-1215:  Hospital Facility Fees.  

NCLA Board will consider newly introduced HB 1215 which proposes to prohibit Hospitals from charging facility fees for outpatient services and certain diagnostic and imaging services.  Concerns have arisen around loss of revenue for hospitals as costs are alleviated for the consumers.

NCLA Tracking Report

On a bi-weekly basis, the NCLA Board reviews and considers its position on pending legislation.  See the NCLA 2023 Legislative Tracking Report for the list of bills, thus far introduced, in which the NCLA is engaged.

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Under the Dome: Fair Work Week Bill Stalled in First Committee

Market Undermining Affordable Housing Measures Looming

In the face of strong business opposition, the onerous Fair Work Week measure stalled in its first committee last week.  After hours of testimony from supporters and opponents, action on the bill was delayed until a later date, signaling that sponsors of the measure do not have the votes to get the bill out of the House Business Affairs and Labor Committee. 

Larimer County’s Representative Judy Amabile (D) chairs the Committee. She joined NCLA for their monthly Board meeting with the northern Colorado Legislative Delegation the morning of the hearing. This provided additional opportunity for board members to share their opinions on the bill ahead of the committee hearing. Rep. Amabile noted her concurrence in opposition to the introduced version and the proposed amendments circulated the day before.

NCLA Board Chair David Burks, Sweetheart Winery in Loveland, shared the NCLA position in opposition to to the measure and amendments noting, “XX.”

Greeley Chamber members David and Jessica Zumbrun of Chicken Salad Chick restaurants and Brian Seifried of Centennial Hospitality Group, owner of 12 restraurants across northern Colorado including Sexy Sammies, Wing Shack and Luna’s Taco and Tequila, expressed their dismay in testimony before members of the Business Affairs and Labor Committtee at the proposed legislation that threatens their businesses..  

The NCLA joined the Colorado Restaurant Association, Colorado Retail Council and Chambers of Commerce across state, to stand firm against the bill that dicates to employers operating with hourly employees how they schedule time, compensate for changes and guarantee minimum time. 

Beyond restaurant and retail, the measure will have a broad reach affecting thousands of private and public employers by placing new restrictions on scheduling practices ultimately negatively affecting the very employees the bill intends to help. 

What does House Bill 23-1118 do?  The bill requires restaurants, retail and others to pay employees:

  • “Predictability” pay when changes are made in their work schedule,
  • “Rest shortfall” pay when they don’t have enough rest between shifts,
  • “Retention” pay if work hours are given to a new employee without first offering to them, and
  • “Minimum weekly” pay equal to 15% of average weekly hours. 

What’s next?  Delaying committee action on a bill is a strategic move by sponsors to try to persuade enough votes to vote for the measure. It’s anticipated to be a futile exercise by sponsors, however.  No word on when the bill will be rescheduled for action.  

Affordable Housing Bills Looming; Government Right of First Refusal First Up

A large number of legislative bills are anticipated to be introduced on the topic of affordable housing, one of the top three identified issues to be addressed this session.  The concern around affordable housing has a range of solutions for the range of challenges encountered in different parts of the state. 

Fort Collins Representative Andew Boesenecker (D) introduced one of the first swings at the problem by offering a solution that could have significant market repercussions.  House Bill 23-1190 creates a right of first refusal for a local government to match an acceptable offer for sale of a residential or mixed use, multi-family property for use as long term affordable housing.   

The NCLA Board took an oppose position on the introduced version due to the market implications of the approach.  During NCLA’s call with NoCo Legislators last week, Rep. Boesenecker noted his strong interest in continued dialogue about the approach.  The Colorado Realtors Association has expressed significant doubt about the measure’s efficacy. 

Meanwhile, the NCLA took a position to support an alterntive approach to affordable housing, HB23-1189 that creates a state income tax credit for employers who make a monetary contribution to an employee for use by the employee in purchasing a primary residence.  The bill was introduced by Joint Budget Committee Chair and Vice Chair, Senator Rachel Zenzinger and Representative Shannon Bird respectively.

Other measures introduced or still to be introduced:

NCLA Positions on Bills

The NCLA took the following positions on pending measures: 

Affordable Housing

HB23-1189Employer Assistance For Home Purchase Tax Credit           Support

HB23-1190Affordable Housing Right Of First Refusal                           Oppose

Natural Gas/Energy

HB23-1134Require Electric Options In Home Warranties                       Oppose

Labor

SB23-046Average Weekly Wage Paid Leave Benefits                           Oppose

NCLA Tracking Report

On a bi-weekly basis, the NCLA Board reviews and considers its position on pending legislation.  See the NCLA 2023 Legislative Tracking Report for the list of bills, thus far introduced, in which the NCLA is engaged.

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Under the Dome: Fair Work Week Bill Faces Strong Business Opposition

Measure Scheduled for First Committee Hearing; Call Your Legislator

House Bill 1118, more recognizably known as the “Fair Work Week” bill, is facing strong opposition from the collective Colorado business community, including the Northern Colorado Legislative Alliance.  The NCLA joins Chambers of Commerce across state, industry organizations and the NFIB in standing firmly against the bill that dicates to employers operating with hourly employees how they schedule time, compensate for changes and guarantee minimum time. 

Leading the opposition are the trade associations directly in the cross hairs of the legislation — the Colorado Restaurant Association and the Colorado Retail Council.  Beyond restaurant and retail, however, the measure will have a broad reach affecting thousands of private and public employers by placing new restrictions on scheduling practices ultimately negatively affecting the very employees the bill intends to help. 

What does HB 1118 do?  The bill requires restaurants, retail and others to pay employees:

  • “Predictability” pay when changes are made in their work schedule,
  • “Rest shortfall” pay when they don’t have enough rest between shifts,
  • “Retention” pay if work hours are given to a new employee without first offering to them, and
  • “Minimum weekly” pay equal to 15% of average weekly hours. 

Amendment proposals by sponsors expand the reach of key sections of the measure to be applicable to all employers.

The NCLA is opposed to this measure as a significant overreach into the employer management of his business and operations with employees.

We invite our Chamber members to join the NCLA Board of Directors in reaching your legislator to convey your opposition to HB 23-1118.   Our position – and your talking points – are the following:

HB 1118 hurts small and independent business owners. The bill applies to small & independent businesses that have more than one location in CO.  The bill defines a “chain” as 2 or more food, beverage or retail establishments” that operate under the same trade name and branding features, regardless of the ownership type of each individual establishment. 

Required 14-Day notice of work schedule increases costs & hurts workers.  It is nearly impossible for employers to determine staffing needs 2 weeks in advance.  Fluctuations in business are typical.  Modifications offered by sponsors make exceptions for emergencies, weather conditions, and unexpected absences but the requirement remains overly onerous. Research has shown that penalizing employers for making adjustments less than 2 weeks in advance incentivizes them to schedule fewer workers for shifts to avoid potential penalties.

Creates inflexible requirements:  The bill requires an employee’s written consent for additional hours and shifts to be added to their schedule.  The provision creates burdens upon employees while removing flexibility for employers to meet the needs and unexpected demands in their business. 

Creates litigation for employers & employees:

  • To avoid discrimination claims, new accommodations are created that employers must meet that don’t align with existing discrimination laws
  • “Adverse action” definition conflicts with current laws creating a rebuttable presumption of retaliation if action occurs within 90 days of employee’s activity

Ultimately, employees lose under HB 1118.  

Employee’s experience in other states that have passed less onerous scheduling restrictions report hardships and limited opportunity as a result of the laws in their states.  Further, employees find the ability to hire new and talented staff is constrained as existing employees will receive hours of preference while new employees are left with less desireable shifts.  ‘

Call or write our Northern Colorado legislators to share your thoughts and opposition to HB 1118.

Rep. Jennifer Lea Parenti (Weld)                                 jennifer@parentiforcolorado.com                                          
720-645-6554 

Rep. Gabe Evans (weld)                                                gabe.evans.house@coleg.gov                                          
303-243-1791   

Rep. Judy Amabile (Larimer)                                     judy.amabile.house@coleg.gov                                          
303-517-4698

  • Chair, House Business Affairs and Labor Committee                                                              

Rep. Mary Young (Weld)                                             
mary.young.house@coleg.gov                                           
970-381-5056

Rep. Cathy Kipp (larimer)                                                cathy.kipp.house@coleg.gov                                          
970-219-5267 

Rep. Andrew Boesenecker (Larimer)                         andrew.boesenecker.house@coleg.gov                                          
970-825-4155

Rep. Ryan Armagost (Larimer)                                  ryan.armagost.house@coleg.gov                                          
970-685-0565

Rep. Mike Lynch (Larimer)                                                mike.lynch.house@coleg.gov                                          
970-214-4272 

NCLA Tracking Report

On a bi-weekly basis, the NCLA Board reviews and considers its position on pending legislation.  See the NCLA 2023 Legislative Tracking Report for the list of bills, thus far introduced, in which the NCLA is engaged.

Read More

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