2023 Legislative Priorities

2023 Legislative Priorities

CCI priorities for the 2023 Legislative Session include the following:

HB23-1043 

Currently, kin who have been convicted of certain offenses are
disqualified from being considered as a potential placement option
for kids in the child welfare system. Amend C.R.S. 19-3-406 &
C.R.S. 19-3-407 to clarify the convictions that disqualify someone from consideration, to reflect new crimes that have been added over the years, and – in some cases – to specify timeframes for convictions.

CCI Staff: Gini Pingenot

Final Status: Signed by Governor 

CCI Fact Sheet 

SB23-105

Under current application of the Equal Pay Act (C.R.S. 8-5-201), employers must post a job notification on their website when an employee receives a promotion in an existing role or class of job. This places an extra administrative burden on Human Resources and is unnecessary for those progressing along a pre-defined advancement track.  Seek reforms to the Equal Pay Act relating to job reclassification, auto flex employee advancement and other promotions in order to provide flexibility and relief for organizations that are moving employees along a pre-defined advancement track or updating job descriptions that qualify employees for adjusted compensation.

CCI Staff: Eric Bergman

Final Status: Passed, awaiting Governor’s Signature

HB23-1194

Many county-owned landfills closed years or decades ago in accordance with regulations at the time of closure. As the state continues to identify new emerging contaminants, addressing any environmental or public health risks from closed landfills is important. However, because counties are the fiscal agents of county resources and face restraints imposed by the Taxpayer’s Bill of Rights (TABOR) to generate additional revenue, counties cannot take on environmental remediation of closed landfills alone. Create a new grant program, or expand an existing one, to provide funding for environmental remediation and maintenance of closed public landfills.

CCI Staff: Reagan Shane

Final Status: Passed, awaiting Governor’s signature 

Fact Sheet

SB23-059

Increased visitation to state parks and wildlife areas is taking a toll on locally maintained roads that service these state assets. Authorize local governments to 1) assess an additional fee on daily vehicle passes, and 2) create a grant fund using dollars over the state’s financial goals for the Keep Colorado Wild pass, to which local governments can apply in order to fund the maintenance of local roads leading directly to state parks and wildlife areas. 

CCI Staff: Gini Pingenot

Final Status: Passed, awaiting Governor’s signature 

PAST: Legislative Committee Meeting
Friday, October 7
  • Goal: selection of Legislative Agenda & approval of 2023 Policy Statement
  • Voting Procedures: 65% vote required for adoption; only the county’s designee may vote
PAST: Proposed Issues Discussion
Friday, September 23
  • Goal: discuss proposed 2023 issues & proposed edits/additions to policy statement
  • Voting Procedures: no votes are taken to forward or remove a proposed issue from consideration
    • The proposal’s proponent may request a straw poll to gauge support for the concept
PAST: Proposed 2023 Legislative Issues Discussion
Friday, July 15
  • No votes will be taken; discussion/feedback only
  • Proponents of each issue will be asked to explain the proposal, field questions and solicit input from their peers

2023 Opioid Settlement Participation Forms

Click here to view a message that was sent on February 13th to the 312 local governments primary contacts. Since there is a new settlement with five additional companies, each local government must submit a new participation form to receive the additional funds.

The participation form must be completed by April 7th.

If you have questions, please reach out to Katie First.

Department of Labor Announces Rulemaking Hearing on County Collective Bargaining Rules

Pursuant to SB22-230, collective bargaining by county employees is permitted beginning July 1, 2023, in counties with a population greater than 7,500.  The Colorado Department of Labor and Employment (CDLE) has announced a rulemaking hearing on Tuesday, April 18, at 3 p.m. to discuss draft rules on county collective bargaining.  The rulemaking announcement from CDLE (which includes a link to the draft rules and a Google Meet link) is provided below.

On March 15 the CDLE Division of Labor Standards and Statistics (DLSS) filed two sets of proposed rules. Below is a summary of each. For details on the rulemaking process, for the full text of all proposed rules, and for the form to submit comments on these rules, visit the DLSS Rulemaking page (at cdle.colorado.gov/LaborRules), and select “Proposed Rules & Rulemaking Events Calendar.”

County Collective Bargaining Rules (“COBCA Rules”), 7 CCR 1103-16. Pursuant to C.R.S. § 24-4-103(6), the Director finds as follows. The “County Collective Bargaining Rules” or “COBCA Rules” is a new rule set implementing the requirements of the Collective Bargaining by County Employees Act (“COBCA” or “the Act”), (Ch. 260, sec. 2, § 8-3.3-101 et seq., 2022 Colo. Sess. Laws 1900, 1900–1920, enacted May 27, 2022 and effective July 1, 2023, also known as S.B. 22-230).

COBCA requires Division rulemaking to create a regulatory framework that: (a) promotes harmonious, peaceful, and cooperative relationships between counties and county employees in the state of Colorado; and (b) recognizes the rights of county employees to join organizations of their own choosing, to be represented by those organizations, and to collectively bargain with their employer over wages, hours, and other terms and conditions of their employment thereby improving the delivery of public services in the state of Colorado.

COBCA requires the Division to promulgate rules as may be necessary for its enforcement, interpretation, application, and administration. More specifically, COBCA requires Division rulemaking to establish procedures for (1) designating appropriate bargaining units under C.R.S. § 8-3.3-110; (2) selecting, certifying, and decertifying exclusive representatives under C.R.S. §§ 8-3.3-108, -109, and -111.; and (3) filing, hearing, and determining complaints of unfair labor practices under C.R.S. § 8-3.3-115.

These Rules detail procedures, rights, and responsibilities for those three key aspects of COBCA.  First, with respect to appropriate bargaining units, the Rules largely follow the procedure detailed by COBCA, but also make explicit overarching policy considerations which inform any bargaining unit determination in addition to the factors expressly outlined in C.R.S. § 8-3.3-110(2). Second, with respect to the certification and decertification process for county employees, these Rules detail how the Division will receive petitions, resolve bargaining unit disputes, evaluate the sufficiency of a showing of interest, conduct representation elections, and determine any disputes or other complications, such as runoff elections or ties, that may arise in the election process. Third, with respect to unfair labor practice charges, which may be filed by county employees, their labor organizations, or the county, these Rules detail how the Division will receive, investigate, and adjudicate such charges. Where appropriate, these Rules follow the general labor law implementation and enforcement authority of the Industrial Relations Act and implementing rules, providing consistency and transparency in the Division’s labor relations processes.

Public Hearing Information:
Date and Time of Hearing:   Tuesday, April 18, 2023, at 3:00 p.m.
Written Comment Deadline for the above rules: Friday, April 28, 2023, at 12:00 p.m.

The Division is administering this public hearing, and all interested persons are free to offer oral testimony and to listen to part or all of the hearing. Participation for this hearing will be by remote means only. A recording of the public hearing will be publicly posted afterwards on our rulemaking page.

Written comments may be submitted: 1) online in the rulemaking comment form; 2) by mail to the  Division’s address below; 3) by fax to 303-318-8400; or 4) by email to michael.primo@state.co.us. Because written comments become part of the same record as oral testimony, and are reviewed by the same officials, you may submit written comments in lieu of oral testimony, but are free to participate by both means.

Instructions for Hearing Participation: Either of the below options will work to participate, but for orderly administration of participation, and to avoid possible audio feedback, please do not use both simultaneously. (You do not need to have a Google account to access any of the below means.)

(A)   To Participate by Internet, Including Testifying:
visit this “Meet” webpage: meet.google.com/oge-pbob-kbf
(B)   To Participate by Phone, Whether to Listen or to Testify:
call (US) +1 478-419-3251, and then enter this pin: ‪‪911 993 408#
Please contact michael.primo@state.co.us if you need assistance or anticipate difficulty appearing by phone or internet, or if you have any questions about how to access either the public hearing or its recording, or if you need accommodations or translation services to attend or participate. This public hearing is held in accordance with the Colorado Administrative Procedure Act, C.R.S. § 24-4-101 et seq., and Colorado Open Meetings Law, C.R.S. § 24-6-401 (2023), to receive any testimony, written, views, or arguments that interested parties wish to submit regarding the proposed rules.

Copies of proposed rules, including redlined copies showing changes from prior versions, are available at www.ColoradoLaborLaw.gov or by request to: Division of Labor Standards and Statistics, 633 17th Street, Denver, Colorado 80202

Ballot Measures About Property Taxes Update

Many initiatives have been filed on Property Taxes. To see what initiatives have been filed please look here.

Please note that some entities (like the Bell Policy) filed initiatives that are intended to mitigate other property tax measures that have been filed. This document captures some of those ‘defensive’ measures.

With any questions or concerns please email Brittney Becerra at bbecerra@ccionline.org.

Prop 123 Resources

Proposition 123 - Colorado Affordable Housing Fund

Proposition 123 created the State Affordable Housing Fund, dedicating 40% of funds to the Affordable Housing Support Fund administered by the Department of Local Affairs (DOLA) and 60% to the Affordable Housing Financing Fund overseen by the Colorado Office of Economic Development and International Trade (OEDIT) to fund housing programs.

The funding created by Prop 123 is available to local governments, subject to a few requirements they must meet in order to qualify. These requirements include:

  • Establishment of a Fast Track process enabling it to provide a final decision for projects where at least 50% of the proposed units are held affordable within ninety calendar days of submission of a complete application. (Note: there are extensions outlined for various circumstances, such as for a review period required by another agency.)
  • Commitment to increasing affordable housing by 3% on average annually.

CCI has created this resource page to share the latest updates on Prop 123 implementation and provide resources for counties interested in pursuing Prop 123 funding. You can find further information on these requirements and more below.

WHO PLANS TO QUALIFY?

In February 2023, we conducted a survey in partnership with DOLA to understand where counties currently stand in their plans to qualify (or not) for Prop 123 funding. Some of the results are shown below.

Do you intend to establish a housing commitment and Fast Track review process for affordable housing to qualify for grant funds under Prop 123 by the November 1, 2023, deadline?

If you answered “Uncertain,” what is the cause of uncertainty? What do you still need to know in order to make a decision?

If we are already functioning within a Fast Track review process in which most permits are reviewed in under 90 days, what adjustments do we need to make to qualify?

What exactly does “Fast Track process” mean? What are the definitions of the components of the process (ex. 90 days)? (See below.)

What is the baseline that the 3% increase will be calculated against, and is it measured cumulatively year over year? (See below.)

What methodology should I use/what considerations should I take into account when determining my baseline? (See below.)

ESTABLISHING THE BASELINE

Local governments (municipal or county) are responsible for setting their own baseline and communicating it with DOH. Proposition 123 clarifies that a county’s baseline is only applicable for the unincorporated areas of the county. In order to assist local governments, DOH has tabulated an estimate of what the affordable housing baseline for each jurisdiction may be. This information is a starting point and may be used as reference materials as localities consider their upcoming affordable housing commitments and determine their own baselines.

Click the DOH webpage link below to view more information on determining a baseline, finalizing and communicating the baseline, finalizing a commitment, opportunities for feedback and collaboration, compliance, timeline, and next steps.

DOLA Prop 123 Webpage

THE FAST TRACK PROCESS

We are expecting more information about the Fast Track process, as a number of components (like the 90 days) are yet to be defined.

However, it’s worth noting that the Fast Track process must make it feasible that a completed application could be reviewed in 90 days, but it does not require that all completed applications actually be reviewed in 90 days. The language includes extensions for various circumstances. These extensions include:

  • Additional 90 days at the request of a developer.
  • Additional 90 days for compliance with state law or court order.
  • Additional 90 days for a review period required by another local government or agency, within the local government or outside, for any component of the application requiring that government’s or agency’s approval.
  • Extension to allow for the submission of additional information or revisions to an application in response to requests from the local government, not to exceed the amount of time from the request to the submission of the applicant’s response plus 30 days.

ALL RESOURCES

DOLA Prop 123 Implementation Discussion 

In early January, DOLA led an implementation update and discussion. You can access the slide deck, which provides an overview of the framework and timeline, below.

Prop 123 Administrator Selection

OEDIT has been keeping the public updates on the selection of the fund administrator.

DOH Prop 123 Webpage – Baselines

The Division of Housing webpage on Prop 123 currently provides information on the baseline measurements that local governments must establish in order to make their 3% commitment.