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Advocacy & You! Legislative Update

APA Colorado Annual Conference 2012. Advocacy & You! Legislative Update. Legislative Committee Co-Chairs: Kyle Dalton, AICP Eric Heil, AICP. Legislative Liaison: Sol Malick. APA Colorado Legislative Committee . Who we are:

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Advocacy & You! Legislative Update

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  1. APA Colorado Annual Conference 2012 Advocacy & You!Legislative Update Legislative Committee Co-Chairs: Kyle Dalton, AICP Eric Heil, AICP Legislative Liaison: • Sol Malick

  2. 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

  3. Legislative Process How does a bill become a law? How does APA Colorado participate in this process?

  4. 2011-2012 Colorado Activities

  5. 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:

  6. APA CO vs. Other APA Chapters • Does the chapter have a legislative chair? • Does the chapter have a legislative committee?

  7. 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?

  8. APA CO vs. Other APA Chapters • Does the chapter have an advocacy event with state legislators? • Does the chapter have a paid lobbyist?

  9. 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 • 2011 Top 3 issues • Water • Transportation • Economic development

  10. Legislative Survey Results • Issues ranked less important in 2011-12 compared to prior years: • Eminent Domain • Annexations • Special Districts • 35-acre Subdivisions

  11. 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)

  12. 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

  13. HB 1282State 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

  14. 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: support • Legislative history: • House passed 62-2-1 • Senate passed 34-0-1 • Governor signed into law 4/12/12

  15. 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.

  16. SB 048Colorado Cottage Foods Act • APA position: Monitor • Bill history: • Passed Senate 34-1 • Passed House 53-12 • Signed by Governor 3/15/12

  17. SB 013Low Speed Electric Vehicles • 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.

  18. 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

  19. 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

  20. 2011-2012 Federal Activities

  21. 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

  22. 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

  23. 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…

  24. 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

  25. 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

  26. APA Resources to Follow Federal Policy Initiatives • Information about federal policy http://www.planning.org/policy/ • Policy blog http://blogs.planning.org/policy/ • Twitter Follow @APA_Planning (look for #policy)

  27. Advocacy Tips • Resources at www.planning.org/advocacy • Scheduling a Visit with Your Elected Official • Tips for Successful Advocacy Meetings • Conducting Legislative Meetings

  28. Looking Forward (in) • Legislation expected at the Statehouse in 2013 • TIF • Subdivisions - Water • Oil & Gas Rule-making • … • Congressional action

  29. 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

  30. 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

  31. 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?

  32. 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, AICP 303-968-7931 303-518-4678 kyleadalton@yahoo.comericheillaw@gmail.com

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