Advocacy & You!Legislative Update

Legislative Committee Co-Chairs:

Kyle Dalton, AICP Eric Heil, AICP

Legislative Liaison:

Sol Malick

APA ColoradoAnnual Conference 2012

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APA Colorado Legislative Committee

Who we are: The voice of APA Colorado to policymakers and the

public on planning law and regulation

What we do: Advocate on behalf of APA Colorado’s members for

good planning law on the state and federal levels

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Legislative Process

How does a bill become a law?

How does APA Colorado participate in this process?

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2011-2012 Colorado Activities

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APA CO vs. Other APA Chapters

APA National is conducting a biannual survey of all chapters’ legislative activities

Full report is due out soon; results were previewed at Federal Policy & Program Briefing

APA CO answers “Yes” to all of the following questions:

APA CO vs. Other APA Chapters

Does the chapter have a legislative chair?

Does the chapter have a legislative committee?

APA CO vs. Other APA Chapters

Does the chapter respond to opportunities from APA National to join on federal policy issues?

Does the chapter provide testimony or research on pending legislation?

APA CO vs. Other APA Chapters

Does the chapter have an advocacy event with state legislators?

Does the chapter have a paid lobbyist?

Legislative Survey Results

You told us to focus on these issues: 2010 Top 3 issues

TABOR Transportation Comprehensive plans

Other important issues Sustainability/healthy communities, regional

cooperative planning, mining/minerals/oil/gas, environmental issues, among others

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2011 Top 3 issues Water Transportation Economic development

Legislative Survey Results

Issues ranked less important in 2011-12 compared to prior years: Eminent Domain Annexations Special Districts 35-acre Subdivisions

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2011 State Legislative Session

Bills opposed: 4 HB 1021, statewide transportation planning (did not pass) HB 1136, prohibit use of public land for retail sales (did not pass) HB 1355, transfer CGS to School of Mines (signed into law) SB 88, preempt local regulation of oil & gas (did not pass)

Bills supported: 2 HB 1282, CGS review of subdivisions (signed into law) HB 1312, PUC review of electric transmission (signed into law)

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2011 State Legislative Session

Bills monitored or researched: 28 Economic development planning: 2 bills Water: 2 bills Transportation: 2 bills Other topics: regional tourism projects, enterprise zones,

neighborhood revitalization areas, oil & gas, special districts, others

More detail on all of these bills can be found in the final Legislative Update found at http://www.apacolorado.org/content/legislative-committee

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HB 1282 State Geological Survey review of subdivisions

Bill information: Upon written request from the BOCC or the BOCC’s

authorized representative, CGS may exempt a subdivision application from the statutory requirements of referral and review.

APA Colorado position: support Legislative history:

Passed House 63-0-2 Passed Senate 35-0 Signed into law by the Governor on 5/11/12

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HB 1312 PUC review of electric transmission lines

Bill information: Provides 2 key clarifications: For purposes of PUC review of public convenience and necessity, the

consideration of land use rights or siting issues related to the location or alignment of proposed electric transmission lines or associated facilities are not included, which issues are under the jurisdiction of a local government’s land use regulation.

Nothing in this section restricts the right of a public utility or power authority to appeal to the PUC a local government action.

APA Colorado position: supportLegislative history:

House passed 62-2-1 Senate passed 34-0-1 Governor signed into law 4/12/12

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SB 048Colorado Cottage Foods Act

Bill information: Modified the definition of a retail food establishment (with

licensing requirements) to not include a home, commercial, private or public kitchen in which a person produces certain food products sold directly to consumers.

May only produce and sell a limited range of foods that are not potentially hazardous and do not require refrigeration. Limited to spices, teas, dehydrated produce, nuts, seed, honey, jams, jellies, preserves, fruit butter, baked goods, and candies.

Up to an annual net revenue of $5,000 per product (e.g. each flavor of jam is a separate revenue stream).

Must be sold only on-site or at a roadside stand, farmers market, CSA organization, or similar venue.

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APA position: Monitor Bill history:

Passed Senate 34-1 Passed House 53-12 Signed by Governor 3/15/12

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SB 048Colorado Cottage Foods Act

Bill information: Increases from 35 mph to 40 mph the speed limit of

roads on which low speed electric vehicles (a/k/a golf carts) can operate or cross, provided that there are 2 lanes in either direction, 11’ lane width, provided that a traffic study/investigation/projection shows that this will not be hazardous, though this study may be waived by CDOT

Increased the minimum age for driving golf carts on streets from 14 to 16.

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SB 013Low Speed Electric Vehicles

APA position: Monitor (Sustainability Committee recommended support)

Bill history: Passed Senate 35-0 Passed House 62-3 Signed by Governor 5/3/12

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SB 013Low Speed Electric Vehicles

Planner’s Day at the Statehouse

Held on March 21st

22 APA Colorado members attended

Issues discussed: HB 1136, prohibiting retail on public lands (request = oppose) HB 1282, geological survey review of subdivisions (request =

support) Remind legislators that TIF, when used appropriately, is an

important tool for planners in Colorado

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2011-2012 Federal Activities

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Federal LegislationLivable Communities Act of 2011

Sponsored by Rep. Ed Perlmutter (CO-7) H.R. 3325 Bill would:

Formally establish the Office of Sustainable Housing and Communities within the Department of Housing and Urban Development (HUD)

Provide $600 million over five years for the Regional Planning Grant Program

Provide $180 million over five years for the Challenge Grant Program

Provide $100 million over five years in loans to support Transit-Oriented Development

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Federal LegislationLivable Communities Act of 2011

APA Position: APA-CO Executive Board endorsed the bill in

December 2011 Bill Status:

Referred to Subcommittee on Domestic Monetary Policy and Technology

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Federal LegislationTHUD Budget Bill Information:

Transportation, Housing, and Urban Development allocation funds affordable housing, transportation infrastructure, neighborhood and economic services

APA Position: In March the APA Colo. Executive Board joined 1,723

other organizations in a letter to Congress requesting adequate funding in the THUD allocation

Status: THUD was cut deeply last year. Next year? Depends

on what happens with the fiscal cliff…

Federal LegislationAmerican Community Survey In May, the U.S. House of Representatives voted

to 1. Make responding to the ACS optional 2. Eliminate the ACS entirely 3. Reduce the agency’s funding by $110 Million

The APA CO Executive Board joined in a Census Project letter with 550 other organizations in opposing these moves

For more info: www.thecensusproject.org

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Federal LegislationSurface Transportation Reauthorization MAP-21: Moving Ahead for Progress in the 21st

Century Act passed Runs through 9/30/14 Maintains current funding levels No significant changes to MPO structure TIFIA expanded Transportation Enhancements becomes Transportation

Alternatives, and states can opt-out $10M pilot program for TOD grants to communities with New

Starts grants TIGER continues in the annual approps process, $1B available in

FY13 NEPA streamlining – increases CEs

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APA Resources to Follow Federal Policy Initiatives

Information about federal policyhttp://www.planning.org/policy/

Policy bloghttp://blogs.planning.org/policy/

TwitterFollow @APA_Planning (look for #policy)

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Advocacy Tips

Resources at www.planning.org/advocacy Scheduling a Visit

with Your Elected Official

Tips for Successful Advocacy Meetings

Conducting Legislative Meetings

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Looking Forward

Legislation expected at the Statehouse in 2013 TIF Subdivisions - Water Oil & Gas Rule-making …

Congressional action

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(in)

Tell Us What You Think

2012 legislative survey Coming to an e-mail box near you! Issues discussed will form the basis for our activities

during the upcoming General Assembly session

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Join us!

Ways to get involved: Sign up for the listserv Attend Legislative Committee meetings (in person or

by phone) Prepare fact sheets and other materials Provide feedback to help set our agenda Testify before committees of the General Assembly Respond to the legislative survey

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Let us hear from you!

Where would you like the Legislative Committee to focus our volunteer resources?

What legislative problem exists in statute? What is a potential solution?

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Contact the Legislative Committee

Visit our web page

http://www.apacolorado.org/content/legislative-committee

Contact us (Leg Committee Co-Chairs)

Kyle A. Dalton, AICP Eric Heil, AICP303-968-7931 303-518-4678kyleadalton@yahoo.com ericheillaw@gmail.com

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