Government - Local - Digest of Bills

Digest of Bills - 2001

GOVERNMENT - LOCAL
S.B. 01-36 Local improvement districts - conversion of overhead electric transmission facilities to underground locations. Adds overhead electric transmission facilities to those electric or communications facilities that the governing body of every county, city, and town may create local improvement districts for the purpose of converting such facilities to underground locations.

APPROVED by Governor March 29, 2001
EFFECTIVE July 1, 2001

S.B. 01-155 Capital improvement fund - use of revenues. Specifies the following purposes for which counties and municipalities may use sales and use tax revenues dedicated to a capital improvement fund:

Paying the costs of acquiring or constructing any capital improvement;
Acquiring land or equipment;
The costs of issuing bonds;
The costs of capitalized interest and reserves;
The costs of operating and maintaining the capital improvements to be financed.

Requires that the fund contain sufficient revenues to pay the anticipated annual debt service on bonds payable from the fund prior to using the revenues for other purposes.

APPROVED by Governor March 29, 2001
EFFECTIVE August 8, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.

H.B. 01-1063 Drainage authorities - formation by intergovernmental agreement - development of drainage facilities. Authorizes any combination of municipalities, special districts, or political subdivisions of the state that are authorized to own and operate drainage facilities to establish, by contract, a drainage authority for the purpose of developing drainage facilities. Authorizes drainage authorities to:

Develop drainage facilities;
Acquire, construct, manage, maintain, or operate drainage facilities;
Acquire, hold, lease, sell, or otherwise dispose of any real or personal property utilized only for drainage;
Permit other municipalities, special districts, or political subdivisions of the state to join the drainage authority; and
Provide for the rehabilitation of any surfaces adversely affected by the construction of drainage facilities.

APPROVED by Governor March 16, 2001
EFFECTIVE August 8, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.

H.B. 01-1084 Multi-line telephone system operators - disclosure requirements relating to 9-1-1 emergency service calls. If the method of dialing a local call from a multi-line telephone system (MLTS) telephone requires the customer to dial additional numbers to access the public switched network, requires MLTS operators to disclose to their customers written information describing how to dial 9-1-1 emergency service from an MLTS telephone. Requires the operators to notify their customers if the system does not provide the precise location or telephone number of the 9-1-1 caller to the public safety answering point. Authorizes the public utilities commission to adopt rules to implement this act and clarifies that the provisions of the act do not alter the method of regulation or deregulation of telecommunications providers by the public utilities commission.

Defines terms.

APPROVED by Governor March 19, 2001
EFFECTIVE August 8, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.

H.B. 01-1172 Multijurisdictional housing authorities - housing programs - authority to levy taxes and impact fees - establishment of enterprises - deposit and investment of revenues. Authorizes a multijurisdictional housing authority (authority) to operate housing programs to provide affordable housing. Specifies that the plan of an authority may provide accommodations at purchase prices, rather than just rental rates, within the means of families of low or moderate income and may provide affordable housing projects or programs for employees of employers within the jurisdiction of the authority.

Allows local governments to designate less than the entire area of a local government for inclusion in an authority. Allows the boundaries of the authority to be modified after the authority has been established.

Authorizes authorities to levy sales taxes, use taxes, property taxes, and development impact fees. Requires that the members of the authority consent to any such tax or fee. Requires the board of the authority to adopt a resolution that such taxes or fees fairly distribute the authority's costs among and will not unduly burden persons and businesses subject to the authority. Caps the sales and use tax rate at 1% and the property tax rate at 5 mills. Excepts any sales and use tax imposed by the authority from the existing statutory 6.90% sales tax cap.

Provides that an impact fee may only be imposed if:

No portion of the authority is in a county with more than 100,000 people;
The fee is not imposed upon low or moderate income housing or affordable employee housing;
The rate of the fee is $2 per square foot or less; and
The authority also imposes a sales and use tax, a property tax, or both.

Specifies procedures for collecting and administering the taxes and fees. Specifies the purposes for which the revenues of the authority may be used.

Authorizes authorities to establish enterprises for housing projects and programs upon the same terms as the rural transportation authorities.

Provides that the deposit and investment of revenues and the issuance of bonds shall be on the same terms and conditions as rural transportation authorities. Requires voter approval for the authority to impose or increase any tax or fee or to create debt or a financial obligation in accordance with the state constitution.

APPROVED by Governor June 5, 2001
EFFECTIVE June 5, 2001

H.B. 01-1174 Affordable housing - affordable housing dwelling unit advisory boards. Makes legislative findings on the necessity of affordable housing and the appropriateness of local governments establishing an affordable housing dwelling unit advisory board.

Authorizes a local government to establish an affordable housing dwelling unit advisory board. Specifies that a board may make recommendations to the local government or the local housing authority on certain matters, including the following:

A jurisdiction-wide definition of affordable housing and affordable housing dwelling unit;
Quantifying jurisdiction-wide affordable housing dwelling unit sales prices and rental rates and specific factors to be considered in developing its recommendations on sales prices and rental rates;
Jurisdiction-wide affordable housing dwelling unit qualifying income guidelines;
Changes in density requirements contained in the jurisdiction's zoning or planning ordinances to encourage the provision of affordable housing;
Policies for the modification of requirements adopted in connection with the local government's affordable housing dwelling unit program; and
Any other matters affecting the construction and continued existence of affordable housing dwelling units.

Allows the local governing body to establish the number of members of a board and their terms. Requires the membership of a board, to the greatest extent practicable, to reflect the legislative intent that the members have demonstrated experience in housing matters as provided in the legislative declaration.

Specifies that this act shall not be construed to affect the operation of a local housing authority and encourages the affordable housing dwelling unit to cooperate with a local housing authority in the establishment and implementation of policies that will further the intent of this act.

APPROVED by Governor June 5, 2001
EFFECTIVE August 8, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.

H.B. 01-1191 Community mediation programs - matching grants. Effective July 1, 2002, authorizes an adjunct committee of the office of dispute resolution advisory committee to award matching grants to community mediation programs. Provides that the adjunct committee shall annually award grants to approved community mediation programs pursuant to criteria established by the committee. Requires local governments or nonprofit entities to provide matching moneys in an amount equal to the amount of each grant awarded.

Specifies application requirements for obtaining grants and the type of service that a program must provide in order to receive a grant. Requires each program that receives a grant to submit an annual report to the committee.

Creates the community mediation program grant fund. Specifies the sources of moneys for the fund. Provides that moneys in the fund may be used to provide grants to approved community mediation programs.

VETOED by Governor June 5, 2001

H.B. 01-1195 Public utilities - major gas and electric facilities - siting - resolution of conflicts - appropriation. Finds that, due to the statewide impact of energy problems, the resolution of conflicts over the siting of major gas and electric facilities is a matter of statewide concern. Requires a public utility or power authority to provide notification of certain planned sitings of major gas and electric facilities to a local jurisdiction within certain deadlines. Requires the public utility or power authority to consult with the local jurisdiction concerning the siting of such facilities. Instructs a public utility or power authority to either consider reasonable site and design alternatives to the planned facilities and present such alternatives to the local government or explain why such alternatives are not available.

Creates an appeal process that allows a public utility or power authority to appeal local government siting and building determinations for major gas and electric facilities to the public utilities commission (PUC), if the local decision will impair the ability of the public utility or power authority to provide safe, reliable, and economical service to the public and if the utility meets one of the following requirements:

The utility has applied for or has obtained a certificate of public convenience and necessity for the facility in question;
A certificate of public convenience and necessity is not required for such facility; or
The PUC has previously entered an order that conflicts with the local government action.

Instructs the PUC to follow certain procedural requirements and to take statements from the public at a location specified by the local government. Requires an appeal to include a statement of the reasons why the local government action would impair the ability of a public utility or power authority to provide safe, reliable, and economical service to the public.

Requires the PUC to balance the local government interest with the statewide interest in the location, construction, or improvement of major electrical or natural gas facilities and to consider the following factors pursuant to the appeal:

The demonstrated need for the facility;
The extent to which the proposed facility is inconsistent with existing applicable local or regional land use ordinances;
Whether the proposed facility would exacerbate a natural hazard;
Applicable utility engineering standards, including supply adequacy, system reliability, and public safety standards;
The relative merit of any reasonably available and economically feasible alternatives proposed by the public utility, the power authority, or the local government;
The impact that the local government action would have on the customers of the public utility or power authority residing both within and without the boundaries of the jurisdiction of the local government;
The basis for the local government's decision to deny the application or impose additional conditions on the application;
The impact the proposed facility would have on residents within the local government's jurisdiction, including whether the residents have already paid to place existing facilities underground; and
The safety of residents.

Instructs the PUC to deny the appeal if the public utility or power authority fails to comply with the notice requirements of the act. Authorizes the PUC to consult with the department of local affairs on land use issues.

Declares that a public utility's, power authority's, or local government's right to appeal a local government, public utility, or power authority action, decision, or determination to a court of law is not diminished. Requires appeals to be given priority on the PUC's calendar. Declares that the act does not limit the authority of a local government to require or grant a public utility franchise.

Authorizes the PUC to require an appealing public utility or power authority to reimburse the PUC for certain costs associated with the appeal.

Defines "power authority".

Appropriates $83,715 to the department of regulatory agencies for allocation to the executive director's office for legal services and the implementation of the act. Appropriates $87,347 to the department of regulatory agencies for allocation to the public utilities commission for the implementation of the act. Appropriates $83,715 to the department of law for the provision of legal services to the public utilities commission related to the implementation of the act.

APPROVED by Governor May 30, 2001
EFFECTIVE May 30, 2001

H.B. 01-1283 Colorado housing and finance administration - modifications of bonding authority. Eliminates the dollar limitation on the amount of bonds that the Colorado housing and finance authority may have outstanding. Prohibits the authority from establishing new capital reserve funds used for the payment of bonds on and after July 1, 2001. Repeals the statutory provisions authorizing the establishment of such funds when all outstanding bonds of the authority with respect to which such funds have been established are paid in full.

APPROVED by Governor April 12, 2001
EFFECTIVE April 12, 2001

H.B. 01-1386 Local marketing district - exemption from sales or use tax limit. Exempts a voter-approved marketing and promotion tax levied by a local marketing district from the overall statutory 6.90% sales or use tax limit.

VETOED by Governor June 5, 2001