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Item 5B - Policy Statement PresentationCity of Boulder City Manager’s Office City Council Discussion on the Proposed 2022 Policy Statement on Regional, State and Federal Issues September 9, 2021 Carl Castillo, Chief Policy Advisor, City Manager’s Office City of Boulder City Manager’s Office •Proposed changes to Policy Statement positions •Proposed state and federal policy priorities •The city and legislative advocacy •What to expect in 2022 •Council questions •Public hearing •Council discussion and direction on revisions Agenda 2 City of Boulder City Manager’s Office •Purpose and use •69 positions, most with specified policy approaches listed -Substantive changes proposed to 27 positions •Intergovernmental Affairs Committee review on Sept. 2nd •Committee recommendations incorporated into revised proposal (Attachment A) and into summary of changes (Attachment B) •Will not review all proposed changes to positions Proposed 2022 Policy Statement Positions 3 City of Boulder City Manager’s Office •Adoption of new legislation, policy or other change in circumstances (18) -Local control to regulate plastics provided by HB21-1162 -Mobile home dispute resolution program implemented through DOLA rule •Newly identified needs & opportunities (7) -Support for urban forestry initiatives -Enhanced building energy codes •Change in position (2) -Potential support for local government mandates to provide minimum support to combat homelessness Reasons for Proposed Changes to Positions 4 City of Boulder City Manager’s Office 1.New position urging state and federal action to protect women’s reproductive freedoms, including rights to access abortion -Proposal:New position: “Protect women’s reproductive freedoms, including their right to access abortions” 2.Change position #33 on protecting governmental immunity to clarify that it is not meant to rollback qualified immunity as established by the Enhance Law Enforcement Integrity Act (SB20-217) -Proposal: Revise #33 to read: “Consequently, excepting established state law on qualified immunity,the city will support legislation that provides immunity to municipalities and their officers and employees in the lawful and proper performance of their duties and responsibilities and that discourages baseless and frivolous claims against the same.” Council Member Friend’s Request for Changes 5 City of Boulder City Manager’s Office 1.Reduce equivocation in position #39, regarding support for some minimum requirements that local governments combat homelessness. -Proposal:Revise #39 to read, “Furthermore, the city may also support some minimum requirements that local governments must meet to combat homelessness.” 2.Restore position #50(f)regarding THC -HB21-1317 created new regulations (i.e., packaging, product messaging, marketing, data tracking) -But also charged the Colorado School of Public Health with identifying gaps in those regulations -Proposal: Restore #50 as it exists, “f) THC Levels -Regulating high potency THC marijuana products (e.g., shatter & wax) so as to protect youth by creating limits on its production, messaging, and marketing and by increasing education on the dangers of such products; and” Council Member Friend’s Request for Changes 6 City of Boulder City Manager’s Office •Laurel Herndon,Immigrant Legal Center of Boulder County, pointed out that the repeal of the Secure and Verifiable Identify Act was deleted from SB21-199 and that, thus, full deletion of position #27 is premature -Proposal: Add a new position to replace the former #27 that reads, REPEAL THE “SECURE AND VERIFIABLE IDENTITY DOCUMENT ACT” WHICH PROHIBITS MUNICIPALITIES FROM DETERMINING WHICH FORMS OF IDENTIFICATION TO ACCEPT IN THE PROVISION OF PURELY MUNICIPAL SERVICES C.R.S. Section 24-72.1, enacted in 2003 as HB-1224, prohibits public entities that provide services from accepting or relying on any identification other than those issued by state or federal jurisdictions or ones recognized by the U.S. government as verifiable by law enforcement. Allowed identification includes driver licenses, passports, immigration papers, birth certificates and US military IDs. All non-listed documents, including library cards, school IDs and community ID card, are excluded. The penalty for violating this statute is the stripping of governmental immunity from public servants that provide services without relying on the appropriate identification, thus opening them to suit in civil court. The implications to the city are the creation of a cloud of potential liability for front-line staff working in the Library, Parks and Recreation and Utilities departments or the interagency staff that provide coordinated entry for homeless services. In order to remove the cloud of unfair liability from municipal employees, and to promote the city’s values, the city supports repeal of C.R.S. 24-72.1. Community Requests for Changes 7 City of Boulder City Manager’s Office •Duncan Gilchrst, 350 Colorado,proposed rejecting redactions to position #12, regarding Oil and Gas. 1.Proposal: Revise position #12 to read as follows: “In particular, the city will support a rule that the COGCC Air Quality Control Commission will consider on Dec. 15-17, 2021, aimed at reducing GHG emissions from the oil and gas sector by 60% by 2030, compared to 2005 levels, as prescribed by the state’s GHG Emissions Reduction Roadmap.” 2.Alternative Proposal: Restore position #12 to read as originally written with the addition of reference to support to the AQCC greenhouse gas rulemaking Community Requests for Changes 8 City of Boulder City Manager’s Office •Identifies where city anticipates prioritizing its advocacy efforts •Combines legislative and non-legislative policy matters •Successes associated with 2021 state and federal priorities -Increased the 120%cap on net metered residential renewable energy generation -Directed PUC to study of Community Choice Energy -Repealed previous legislation restricting local governments from proactively engaging with undocumented immigrants -Repealed state preemption on regulation of firearms -Received federal pandemic fiscal support •For 2022, 5 state policy priorities, 4 federal policy priorities State and Federal Policy Priorities 9 City of Boulder City Manager’s Office •Significant mental strain placed on community by pandemic, King Soopers shooting as well as a general increase in stress, anxiety, suicide ideation, substance use disorders and disparities in mental and behavioral health challenges •Request: Expand mental and behavioral health resources and services and reduce barriers to care (Position #30) -Improve accessibility to care including outpatient, crisis and residential treatment -Increase transitional programs and housing options -Address workforce challenges in the M/B health profession -Reduce the stigma surrounding M/B health State Policy Priority #1: Mental/Behavioral Health 10 City of Boulder City Manager’s Office •Necessary for Boulder’s election of mayor in 2023 •HB21-1071 authorized municipalities/counties to coordinate IRV elections beginning in 2023 •Secretary of State needs to establish minimum system requirements and specifications for voting system by Dec. 31, 2022. •SOS also needs to review and certify systems and purchase software license to allow county to use the system •Request: Fund implementation (Position #14) State Policy Priority #2: Ranked Choice Voting 11 City of Boulder City Manager’s Office •State requiring GHG emission reductions in transportation sector of 12.7 million metric tons (MMT) CO2e by 2030 •8 MMT anticipated to be addressed by switch to LEV &ZEVs. •Remaining 4.7 MMT CO2e to be addressed through various means, including GHG pollution standards for transportation plans. •CDOT proposed standard that would require state and its 5 MPOs to tie approval of transportation plans to modeling showing expected compliance with GHG emission budgets for each area of the state •Request:Adopt rule (Position #58) State Policy Priority #3: GHG Pollution Standards for Transportation Sector 12 City of Boulder City Manager’s Office •Compliance with state’s GHG emission goals requires reduction of 4.7 MMT CO2e by 2030 from residential, commercial and industrial sector •Advanced building codes identified as an action item •Requirement for local governments to adopt such codes as a floor •Furtherance of city’s goals to promote climate goals, specifically by increasing energy efficiency and beneficial electrification of buildings •Local government support for change will be critical •Request:Adopt state requirement (Positions #s 5 and 9) State Policy Priority #4: Building Energy Codes 13 City of Boulder City Manager’s Office •Colorado’s air quality increasingly failing to meet federal standards for criteria pollutants, including ozone and particulate matter •Threatens public health, especially to those most vulnerable, as well as our enjoyment of the outdoors •Various sources including wildfire, oil and gas activities and mobile sources •Request: -Restore clean air to Colorado (Position #40) -Provide protection and relief from air pollution (Position #13(f)) State Policy Priority #5: Air Pollution 14 City of Boulder City Manager’s Office •Earmarking appropriation bills is back •FY 2022 Pending Requests: -$245,550 for expansion of existing Crisis Intervention Response Team o Increases CIT-trained officers o Adds overtime so officers can be dedicated to ride with CIRT o Adds a case manager o Implements formal program evaluation •FY 2023 TBD this winter •Request: -Support city’s funding requests Federal Policy Priority #1: Congressionally Directed Spending Requests 15 City of Boulder City Manager’s Office •Climate change increasing number of days of extreme heat •Urban forests: -Sequester CO2 -Reduce urban heat islands and associated illnesses and deaths -Increase absorption of storm water -Decrease energy needs during both extreme heat and cold events -Create jobs where most needed •Request: (Position #13) -Provide significant new funding to expand urban forestry as a climate mitigation, resilience and equity-based community development strategy -Provide funding for applied research on how to use this investment Federal Policy Priority #2: Urban Forestry 16 City of Boulder City Manager’s Office •Currently over 45,000 vehicles travel daily along CO 119 •By 2040, traffic is predicted to increase by 25 percent. •Request: Provide resources to transform SH119 into a multimodal corridor with a managed lane, Bus Rapid Transit, and a corridor-wide bikeway (Position #58) Federal Policy Priority #3: Multimodal Improvements to SH119 17 City of Boulder City Manager’s Office •Commuter rail from Denver to Longmont via Northwest Rail not delivered •Amtrack promoting Front Range Passenger Rail from Fort Collins to Pueblo •Interest in using NWR alignment •FRPR taxing district created •Federal funding may be available •Request: Support funding, construction and operation of the northwest rail line and the Front Range Passenger Rail Lines as a means toward building it (Position #59) Federal Policy Priority #4: Northwest Rail 18 City of Boulder City Manager’s Office •The city and legislative advocacy •What to expect in 2022 Final Thoughts 19