S_LG_2020A 02/18/2020 02:01:13 PM Committee Summary

The committee was called to order. A quorum was present. Senators Smallwood and Ginal, prime sponsors, presented Senate Bill 20-106, concerning the ability of homeless youth to consent to shelter or shelter services.  Senator Smallwood explained amendment L.002 (Attachment A). Discussion ensued regarding the merits of the amendment.

The committee returned to order. Senator Rodriguez, prime sponsor, presented Senate Bill 20-157, concerning authorization for a municipality or county to charge fair market value for vacation of all or a portion of a public roadway. Senator Rodriguez explained the effect of the bill and discussed its need. Senator Rodriguez responded to questions regarding the scope of the bill in terms of local governments affected, and the position of the City and County of Denver on the bill.

Debra Ortega, representing herself, testified regarding SB 20-157. She discussed some circumstances associated with the intent of the bill.

Rafael Espinosa, representing himself, testified regarding SB 20-157. He discussed some instances of land transactions in Northwest Denver that highlight the need for the legislation. Mr. Espinosa responded to questions regarding ownership of the land on which a public road lays. Discussion ensued regarding why a municipality would vacate a right-of-way, and how the bill addresses such vacation by a municipality.

Discussion continued regarding circumstances under which the City and County of Denver has vacated public land to the benefit of developers, and the effect of SB 20-157 on such arrangements. Discussion followed regarding potential unintended consequences that might result from the bill's passage. Discussion turned to tax revenue that may be generated by the location of development on land vacated by a municipality, and the public benefit to be derived from vacated land. Mr. Espinosa and Ms. Ortega discussed the benefits of allowing a municipality to sell right-of-way properties rather than vacating them.

Ms. Ortega responded to questions regarding the position of Denver City Council on SB 20-157.

No amendments were offered to SB 20-157. Discussion ensued regarding the potential for amending the bill to apply it to only the City and County of Denver. Senator Rodriguez responded to questions regarding the positions of Colorado Counties, Inc., and the Colorado Muncipal League on the bill.

Senator Coram, prime sponsor, presented Senate Bill 20-128, concerning the protection of individuals subject to a fiduciary.  Senator Coram explained the effect of the bill and discussed its need.

The following persons testified regarding SB 20-128: Jack Johnson, representing the Southeast Colorado Power Association, testified in support of the bill. Mr. Johnson responded to questions regarding regulations governing electric cooperatives under the bill. Senator Coram discussed the importance of broadband access to rural Colorado.

Mark Wiranowski, representing CCTA and CTA, testified in opposition to SB 20-128. Mr. Wiranowski responded to questions regarding the effect of some forthcoming amendments, and the reasons why non-municipal entities cannot access broadband. Discussion returned to certain carve-outs in forthcoming amendments. Mr. Wiranowski responded to questions regarding the services provided by Tri-State Generation and Transmission.

Jeffrey Hurd, representing DMEA and SECOM, testified in support of SB 20-128. Mr. Hurd addressed questions raised during earlier discussion.

Hilary Cooper, representing San Miguel County, testified in support of the bill. She discussed the importance of broadband to rural Colorado.

Eric Bergman, representing Colorado Counties, Inc., testified in support of the bill.

Mark Kurtz, representing DMEA/Elevate, testified in support of the bill. Mr. Hurd responded to questions regarding some forthcoming amendments. Ms. Cooper responded to questions regarding negotiations with Tri-State Generation and Transmission on broadband provision. Discussion ensued on this point. Mr. Johnston returned to discuss Tri-State negotiations. Discussion returned to the regulatory carve-outs written into forthcoming amendments.

Senator Coram discussed the process of addressing broadband service provision to rural Colorado.  The committee considered amendments L.001 (Attachment B), L.002 (Attachment C), L.003 (Attachment D), and L.005 (Attachment E).  Jennifer Berman, Office of Legislative Legal Services, explained the effect of amendment L.001.

Various committee members expressed their positions on SB 20-128.