During every Regular Session of the General Assembly of the Colorado Legislature, the Legislative Subcommittee of the AIA Colorado Government Affairs Committee reviews the bills introduced to the House and Senate for pertinence to the Architecture Profession, Building Industry and Environment. To check the status on these, or any other bills in the current legislative session, click here http://www.leg.state.co.us/.

The following is a summary of bills currently being monitored by the Committee.

HOUSE BILLS:

HB08-1025, Concerning the Governor’s Energy Office (Rep. Weissman): creates the Governor’s Energy Office. The GEO will play an integral role in fulfilling the Governor’s mission to lead Colorado to a new energy economy by advancing energy efficiency and renewable, clean energy resources. Architects will interact with this department on all State projects. AIA supports legislation that provides for the sustainability of our natural resources. AIA Colorado is in support of this bill.

 

HB08-1027, Concerning Building Inspection Requirements for Educational Institutions (Rep. V. Mitchell and Sen. Taylor): clarifies the process of plan review and construction inspections of State schools by the Office of Public Safety. It is a follow up to the State Audit of Safe Schools and House Bill 06-1158, Concerning School Safety Inspections. The regulation, review and inspection of construction projects in Colorado are of high importance to AIA Colorado. We are currently monitoring this bill.

 

HB08-1033, Concerning the Tax Credit for Costs Incurred in Preservation of Historic Properties (Rep. Levy and Sen. Sandoval): extends the income tax years for which a taxpayer may claim a credit for qualified costs incurred in the preservation of historic properties to income tax years commencing before January 1, 2020. It also allows a certified local government to adopt a one-time resolution to act as a reviewing entity for the purpose of performing various administrative, rehabilitation project review, and verification functions to determine whether a taxpayer is qualified to claim the tax credit. Historic preservation of buildings is of high interest to AIA/C. AIA Colorado supports the continuation of tax credits for the preservation of historic properties. We are currently monitoring this bill.

 

HB08-1053, Concerning the Electronic Submission of Plats to a Local Government Entity (Rep. McNulty): allows for the electronic submission of plats for recording and filing real property plats. Electronic submittal of documents related to the building industry is of interest to architects, especially for building projects. We will monitor this bill with interest in how it may possibly affect the electronic submittal of plan review documents. SIGNED INTO LAW.

 

HB08-1110, Concerning an Income Tax Deduction for a Landowner’s Direct Costs Incurred in Performing Wildfire Mitigation Measures (Rep. Witwer and Sen. Kopp): proposes that a tax reduction be given to landowners that perform wildfire mitigation on their property of 50% of the costs of the measures if the measures are performed in a wild land urban interface area and authorized by a community wildfire protection plan adopted by the local government in the interface area. We are monitoring this because it is a tax credit related to prudent land planning in high-risk areas.

 

HB08-1135, CIC’s HOA’s DUE PROCESS DISPUTE RESOLUTION (Rep. M. Carroll and Sen. Hagedorn): Proposes to invalidate covenants that prohibit building modifications to accommodate persons with disabilities. AIA supports building design that affords accessibility to all people. The committee is monitoring this bill as it relates to the Americans with Disabilities Act and accessible buildings. The bill has passed the House and is pending a hearing in the Senate Local Government Committee.

 

HB08-1160, Concerning Net Metering for Customer-Generators of Electric Utilities

(Rep. Solano and Sen. Shaffer): Repeals the existing law that requires a cooperative electric association (CEA) to provide its customers who generate electricity with a net metering program. Requires municipally owned utilities that serve at least 5,000 customers (MOUs) and CEAs to provide residential customers who generate up to 10 kilowatts from eligible energy resources with a net meter and to provide commercial or industrial customers who generate up to 25 kilowatts from eligible energy resources with a net meter. Requires CEAs and MOUs to credit a customer-generator's excess generation one-to-one against the customer's monthly energy consumption and to account for such excess generation annually or when the customer terminates electrical service. Requires CEAs, MOUs, and qualifying retail utilities subject to the renewable energy standard to provide net metering at nondiscriminatory rates. Specifies interconnection standards. AIA Colorado is currently monitoring this bill and has not yet taken a position.

 

HB08-1164, NEW SOLAR ENERGY TECHNOLOGIES (Rep. Solano and Sen. Schwartz), Bill Summary

Declares it to be in the best interests of this state to develop and utilize Colorado's solar resources. Directs the public utilities commission to: Encourage utilities to exceed minimum renewable resource standards; Give full consideration to the likelihood of new environmental regulation and the risk of higher future costs associated with the emission of greenhouse gases such as carbon dioxide when it considers utility proposals to acquire resources; Consider whether acquisition of utility-scale solar resources is in the public interest, taking into account the associated costs and benefits, and, if so, the appropriate amount of utility-scale solar resources that should be acquired; and Periodically review and publish conclusions regarding the operational and economic characteristics of utility-scale solar electric generation technologies.

 

HB08-1207, PROCURE ENVIRONMENTALLY PREFERRED PRODUCTS (Rep. Kefalas and Sen. Bacon): Proposes to modify the manner by which the State to procures environmentally preferred materials. It does not apply to construction materials.

 

HB08-1270, CIC’S ALLOW ENERGY EFFICIENCY MEASURES (Rep. A. Kerr and Sen. Tupa)

Extends an existing prohibition on covenants and deed restrictions that limit the use of solar energy devices to include other energy efficiency measures, defined to include wind-electric generators, shade structures, shutters, attic fans, evaporative coolers, energy-efficient outdoor lighting devices, and retractable clotheslines. Adds a conforming amendment to the "Colorado Common Interest Ownership Act".

 

HB08-1278, EMINENT DOMAIN BY RTD (Rep. Summers, Rep. White and Sen. Tochtrop) Requires the regional transportation district (RTD), and any copetitioner in a condemnation action with which RTD may be associated for the purpose of acquiring property for an RTD project, if any, to acquire property and rights-of-way through the exercise of its power of eminent domain only as necessary for public transit purposes. Specifies that, once acquired, the property may only be used by RTD for such purposes, including any ancillary or secondary functions necessary to support the purposes. In exercising the power of eminent domain, requires RTD to comply to the extent practicable with all laws that govern the use of eminent domain by the Colorado department of transportation for state highway purposes. Prohibits RTD from selling or otherwise transferring ownership of property or rights-of-way acquired through the exercise of eminent domain to any other person.

 

HB08-1306, CONSTRUCTION CONTRACT PROMPT PAYMENT (Rep. Riesberg): This is the prompt pay bill for construction contracts. Members of AIA Colorado were representatives on the Stakeholders Task Force that crafted this bill. It states that subcontractors and general contractors can request a statement of ability to pay from an owner and that the information cannot be disclosed. Projects that require more than a month to complete must make progress payments. The ramifications of failure to pay are addressed. It is scheduled to be heard by the House Business Affairs and Labor Committee on February 18. AIA Colorado is monitoring this bill.

 

HB08-1343, (Rep. Stafford – Sen. Weins) concerning nongovernmental transportation development limiations

 

HB08-1368, CONCERNING THE TAXATION OF PROPERTY USED TO PRODUCE ALTERNATING CURRENT ELECTRICITY FROM A RENEWABLE ENERGY SOURCE (Rep. Buescher and Rep. McKinley – Sen. Brophy, Sen. Romer, and Sen. Tupa): Clarifies and changes the placement of the sales tax exemption for components used to produce alternating current electricity from a renewable energy source. Specifies that all real and personal property used to produce a specified amount or less of alternating current electricity from a renewable energy source will be valued by the assessor in the county where the property is located in accordance with valuation procedures developed by the property tax administrator. Exempts wind energy facilities from such valuation. Establishes that the property tax administrator shall utilize the procedures adopted for determining the actual value of a renewable energy facility when developing the valuation procedures.

 

SENATE BILLS:

SB08-029, Concerning a Requirement that an Architect Obtain Continuing Education Prior to the Renewal of a License to Practice Architecture in Colorado. (Sen. Groff and Rep. Balmer): requires an architect to complete, and provide proof of completion of 16 hours of continuing education in order to renew a license to practice architecture in the state. Requires the state board of licensure for architects, professional engineers, and professional land surveyors to adopt rules to implement the continuing education requirement for architects and potentially for continuing competency. AIA Colorado is in support of this bill.

 

SB08-034, CONCERNING AUTHORIZATION FOR COUNTY GOVERNMENTS TO CONSIDER TRANSPORTATION FACTORS IN REVIEWING AN APPLICATION FOR LAND USE APPROVALS IN CONNECTION WITH THE SITING OF A FACILITY FOR PERSONS WITH SPECIAL NEEDS (Sen. Johnson and Rep. Fischer): addresses the site issues concerning special needs facilities for the aged, persons at risk, or persons with developmental disabilities. This bill requires the county to request a transportation plan indicating sufficient transportation access for the residents needs before granting approval of the application for development. AIA Colorado will be monitoring this bill as it pertains to planning and zoning issues.

 

SB08-051, CONCERNING A GRANT OF ADDITIONAL ENFORCEMENT AUTHORITY TOTHE DIRECTOR OF THE DIVISION OF OIL AND PUBLIC SAFETY (Sen. Taylor and Rep. Marshall): Legislative Audit Committee. Grants enforcement authority to the director of the division of oil and public safety (division) in the department of labor and employment for violations of laws and rules concerning boilers and explosives. Allows the director to seek an injunction restraining a person from violating laws or rules concerning public school construction, boilers, and explosives. Allows the division to inspect blast sites. Requires an entity that conducts blasting to notify the division. AIA Colorado is monitoring this bill.

 

SB08-078, ENERGY EFFICIENCY HISTORIC PRESERVATION GRANT (Sen. Renfroe and Rep. Sonnenberg): Requires the State Historical Society and the cities that distribute grant monies to adopt standards to allow the use of energy efficient materials, as long as it does not compromise the historic appearance of a historic property.

 

SB08-117, LIMIT LOCAL BUILDING PERMIT FEE FOR SOLAR PANELS (Sen. S. Mitchell): The Committee is monitoring (negatively) this Bill which would prohibit cities and counties from charging a fee in excess of $150 for a building permit to install a solar energy device. The bill is well intentioned, but lacks specificity as to scope and may impinge on local authority/control.

 

SB08-147, INCREASE ENERGY EFFICIENCY STATE BUILDINGS (Sen. Gordon): Committee is monitoring neutral this Bill which repeals broad exemptions for low-income housing and facilities constructed with mineral impact revenues from requirements for life-cycle cost analyses and construction to high performance standards. Also authorizes State approval of analyses methodologies used.

 

SB08-158, INCLUDE COUNTY LAND IN URBAN RENEWAL (Sen. Tochtrop): Allows unincorporated areas outside of the boundaries of a municipality to be included in an urban renewal project, as long as they meet the requirements set forth by the county, and have the consent of the county board of commissioners; allows urban renewal authority, municipality, and a county to enter into an intergovernmental agreement for the purposes of this act; may be additional requirements for the incorporation of the unincorporated territory.

 

SB08-165, CONCERNING THE CREATION OF AN ADVISORY COUNCIL FOR PERSONS WITH DISABILITIES (Sen. Williams, Rep. Carroll): Creates the Colorado advisory council for persons with disabilities ("council") in the department of human services. Outlines the council's membership and duties. Creates the Colorado advisory council for persons with disabilities cash fund.

 

SB08-170, CONCERNING AN EXTENSION OF THE PERIOD DURING WHICH TAX REVENUES MAY BE ALLOCATED TO A SPECIAL FUND BY A DOWNTOWN DEVELOPMENT AUTHORITY IN CONNECTION WITH TAX INCREMENT FINANCING (Sen. Bacon, Sen. Johnson and Sen. Penry – Rep. Buescher, Rep. Fischer, Rep. Kefalas, and Rep. Marostica).

 

SB08-180, CONCERNING THE AUTHORITY OF CERTAIN BOARDS AT THE AURARIA CAMPUS WITH REGARD TO CAPITAL CONSTRUCTION PROJECTS (Sen. Penry – Rep. Marostica).

 

SB08-184, CONCERNING THE CREATION OF THE COLORADO CLEAN ENERGY FINANCE PROGRAM (Sen. Romer).

 

SB08-187, CONCERNING A REQUIREMENT THAT CARBON MONOXIDE ALARMS BE INSTALLED IN RESIDENTIAL PROPERTIES (Sen. Hagendorn – Rep. Soper).

 

SB08-206, CONCERNING THE AUTHORITY OF THE STATE TO ENTER INTO LEASE-PURCHASE AGREEMENTS, AND, IN CONNECTION THEREWITH, AUTHORIZING LEASE-PURCHASE AGREEMENTS FOR A STATE JUSTICE CENTER AND A NEW COLORADO STATE MUSEUM, INCREASING CIVIL COURT FEES TO PAY COSTS ASSOCIATED WITH THE STATE JUSTICE CENTER PROJECT, AND AUTHORIZING TRANSFERS AND PAYMENTS FROM THE PORTION OF THE STATE HISTORICAL FUND NOT RESERVED FOR THE STATEWIDE GRANT PROGRAM TO PAY FOR THE COLORADOSTATE MUSEUM (Sen. Shaffer, Sen. Penry – Rep. Carroll, Rep. Marostica).