10.26.23 City Council Special Meeting Agenda
M ayor
Aaron Brockett
Council M e mbe rs
Matt Benjamin
Lauren Folkerts
Rachel Friend
Junie Joseph
Nicole Speer
Mark Wallach
Tara Winer
Bob Yates
Council Chambers
1777 Broadway
Boulder, CO 80302
October 26, 2023
6:00 PM
City M anage r
Nuria Rivera-Vandermyde
City Attorne y
Teresa Taylor Tate
City Cle rk
Elesha Johnson
AGENDA FOR T HE SP E CIAL ME ET ING OF T HE
BOULDE R CIT Y COUNCIL
1.Call to Order and Roll C all
2.Consent Agenda
3.P ublic Hearings
A.Council input on the proposed 2024 Policy S tatement on Regional, S tate
and F ederal Issues
90 min
- 20
min
staff
presentation
/ 70
min
council
discussion
B.Consideration of a motion directing the city manager to proceed with the
negotiation of an agreement with a private party to deliver on
Community B roadband objectives.
90 min
- 15
min
presentation/75
min
council
discussion
4.Discussion Items
5.Debrief
6.Adjournment
3:00 hrs
City C ouncil documents, including meeting agendas, study session agendas, meeting action
summaries and information pac kets c an be accessed at www.bouldercolor ado.gov/city-council.
Packet Page 1 of 79
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C OVE R SH E E T
ME E T I N G D AT E
October 26, 2023
AG E N D A I T E M
C ouncil input on the proposed 2024 Policy Statement on Regional, State and Federal Issues
P RI MARY STAF F C ON TAC T
C arl Castillo, Intergovenmental Officer
AT TAC H ME N T S:
Description
I tem 3A - P roposed 2024 P olicy Statement
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CITY OF BOULDER
CITY COUNCIL AGENDA ITEM
MEETING DATE: October 26, 2023
AGENDA TITLE: Discussion and input on the proposed 2024 Policy Statement on
Regional, State and Federal Issues
PRESENTERS:
Nuria Rivera-Vandermyde, City Manager
Carl Castillo, Chief Policy Advisor
EXECUTIVE SUMMARY
This is an opportunity for council to discuss and provide input on the city’s proposed
2024 Policy Statement on Regional, State and Federal Policy Issues (the Policy
Statement). The proposed Policy Statement is included as Attachment A with
substantive policy changes from the 2023 Policy Statement highlighted using strike-
through and double-underline formatting. The Policy Statement changes are also
summarized separately, with rationales as necessary, in a table included as Attachment
B.Staff will incorporate the input received at this meeting and return to ask for approval
of the Policy Statement at council’s November 16 business meeting.
Once approved, the Policy Statement will be available to inform and provide authority for
all city efforts to advocate for the stated positions as opportunities arise during the
remainder of 2023 and throughout 2024. Beyond direct advocacy of governmental
officials, the city will use the Policy Statement’s authority to build coalitions and attempt
to influence positions adopted by the intergovernmental organizations it belongs to. By
doing so, Boulder enhances its voice and leverages its power to advance its policy
positions.
Item 3A - 2024 Policy Statement 1
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COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS
•Economic – Examples of 2024 efforts expected to contribute to the city’s
economic sustainability goals include advocating for federal support for Amtrak
to invest in completion of the Northwest Rail Line (B Line) through the Front
Range Passenger Rail and for continued and expanded investment in CU and
Boulder’s federal labs.
•Environmental – Examples of 2024 efforts expected to contribute to
environmental sustainability goals include advocating for policies that harden
infrastructure against climate change.
•Social – Examples of 2024 efforts expected to social sustainability include
advocating for policy changes that would help reduce and prevent homelessness.
OTHER IMPACTS
•Fiscal – The proposed Policy Statement includes a position in support of
preserving and expanding the authority of local governments to audit and collect
taxes and to issue sales tax licenses.
•Staff time - Creation of a policy statement and devoting time to advance it, is part
of staff’s approved work plan.
BOARD AND COMMISSION FEEDBACK
On October 11, 2023, Council’s Intergovernmental Affairs Committee (Mayor Brockett
and Councilmembers Benjamin, Folkerts, and Winer, the “Committee”) met with city
staff. They received an update on the status of all the city’s 2023 policy efforts (regional,
state and federal), as well as advances made in furtherance of all of council’s 2023 policy
priorities (summarized in “Policy Priorities,” below). They also engaged in a discussion
of changes to the proposed 2024 Policy Statement, all which informed the proposal now
before council.
BACKGROUND
The purpose of the City of Boulder’s 2024 Policy Statement on Regional, State and
Federal Issues (the “Policy Statement”) is to inform city advocacy on policy decisions
that, while made outside the city’s jurisdictional authority, have potential to significantly
impact the city. This includes legislative decisions by the Colorado General Assembly or
the U.S. Congress. It also includes non-legislative decisions made at the federal, state and
regional levels, including those of Colorado agencies (e.g., Colorado Department of
Public Health and Environment, Public Utilities Commission, Department of
Transportation, Department of Regulatory Affairs); federal agencies (e.g., Department of
Energy, Department of Transportation, the Federal Communications Commission);
regional governments (e.g., Regional Transportation District); and intergovernmental
coalitions (e.g., Rocky Flats Stewardship Council, Colorado Municipal League, Metro
Mayors Caucus, Northwest Mayors and Commissioners Coalition, Colorado
Communities for Climate Action). The Policy Statement is also used to inform decisions
Item 3A - 2024 Policy Statement 2
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on judicial cases the city should participate in as an amicus curia, including whether to
sign on to an amicus brief.
The city offers the Policy Statement to regional, state, and federal policy leaders for
reference when considering decisions impacting the City of Boulder. Strategic, targeted,
and/or abbreviated versions of this information will also be created throughout the year
for use in specific communications.
The Policy Statement was developed in advance of the convening of the 2024 Colorado
General Assembly and the Second Session of the 118th U.S. Congress. Consequently, it
does not address legislation by bill number. Instead, it describes the city’s goals on
various policy matters as well as examples of specific approaches it would support or
oppose to achieve those policy goals. With the coordination of the city’s Chief Policy
Advisor, it will be used by city officials to inform communication of city positions on
proposed bills and non-legislative regional, state and federal policy decisions.
Council may revisit the Policy Statement at any point. Before doing so, council will
normally refer proposed changes to its Intergovernmental Affairs Committee to deliberate
on each change and to make a recommendation to the full council informed by a staff
analysis. Council created this committee for the purpose of convening on an ad hoc basis
with the Chief Policy Advisor and other city staff as necessary when one or more of the
following circumstances exist:
1.There is an immediate need for council members to participate with staff to
develop a strategy to advance or defeat a proposed policy that is clearly addressed
by the city’s Policy Statement or other council-approved policy documents; or
2.A decision is expected to be made on regional, state or federal policy that affects a
matter that council has previously provided general direction on and that could
significantly impact the city but is one that council did not provide sufficient
specific direction on and with timing that will not allow for council direction to be
obtained. In these limited situations, the Chief Policy Advisor may turn to the
committee for direction on such policy proposals so that the city can advocate
accordingly. Council is to be informed whenever such committee direction has
been provided and council may choose to subsequently revisit such direction.
Council’s Intergovernmental Affairs Committee is also turned to for input on revisions to
the Policy Statement and to plan agendas for meetings with regional, state and federal
policy makers.
Council will consider adopting comprehensive revisions to the Policy Statement once a
year, typically no later than October. The Intergovernmental Affairs Committee will also
regularly meet in December or January in odd-numbered years (after new council
members have had the ability to be appointed to the committee) to determine whether
further revisions are necessary. Council will then consider such additional changes in
February, soon after the Colorado General Assembly has convened.
Item 3A - 2024 Policy Statement 3
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When adopting the Policy Statement, council members may vote to support the statement
in its entirety and commit to supporting all positions when speaking on behalf of the city.
In doing so, however, council members are nonetheless encouraged to express any
reservations or personal opposition they have to one or more positions.
As has been done in years past, council is again adopting a goal that modifications to this
Policy Statement require consistency, when applicable, with the six criteria described
below:
1.Uniformity with current city council goals;
2. Expected relevance in the upcoming year;
3. Uniqueness of issue or impact to the City of Boulder;
4. Viability or likelihood of achieving the policy goal;
5. Opportunity for providing funding for the City of Boulder; and
6.Availability of metrics of success that would allow the position to be deleted from
future Policy Statements if achieved.
Departures from these criteria are made in unique circumstances as determined by
council, such as when adoption of a city position is important to support regional
partners, even while the policy in question is otherwise of limited consequence to the
city.
POLICY PRIORITIES
Policy priorities are combinations of one or more policy positions that the city will
commit its greatest attention and political capital to in the given year.
Progress on 2023 State Policy Priorities
The following is a summary of the 2023 state policy priorities along with the progress
seen so far in furthering them.
1.Reduce Homelessness – Support the city’s ability to address the challenges
presented by family, youth, and single-adult homelessness through expansion of
mental/behavioral health prevention and treatment services, reduced barriers to
care, and implementation of proposals for state support that may be developed to
address high service utilizers especially those providing for systematic and
broadly beneficial solutions
The city supported the enactment of HB23-1153, which will lead to the study of the
feasibility of supporting individuals with serious mental illness through a collaboration
between the state's behavioral health judicial systems. It also supported the passage of
HB23-1186, which will allows parties to an eviction procedure the ability to participate
remotely.
Item 3A - 2024 Policy Statement 4
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2.Increase Travel Safety – Provide expanded local control to protect travel safety
through use of photo radar cameras
The city played a major role in the drafting and advocacy of SB23-200, which expanded
municipal authority to operate photo radar cameras.
3.Build Resilience and Mitigate Climate Risks of Wildfire and Extreme Heat
Through Forestry Solutions – Support coordinated strategies for both wildland
fire hazard reduction and urban canopy extreme heat management that rely on an
equity-centered workforce development campaign
The city supported the enactment of SB23-166, which will require local governments to
adopt and enforce a code for the hardening of structures and parcels in the wildland-urban
interface that meets or exceeds a minimum state standard.
4. Advance Equity-Centered Improvements to Colorado’s Air While Also Providing
Options for Safe Sheltering – Identify and reduce the primary contributors to
regional air pollution while prioritizing solutions for populations that live and
work closest to emission sources and/or that do not have the ability to shelter in
safely-ventilated indoor spaces
While the city worked with Senator Fenberg, the Colorado Municipal League and the
City of Golden to have legislation introduced that would have reduced the impact of
vehicle environmental and noise pollution, we were not successful.
Progress on 2023 Federal Policy Priorities
1.Build Resilience and Mitigate Climate Risks of Wildfire and Extreme Heat
Through Forestry Solutions – Support coordinated strategies for both
wildland fire hazard reduction and urban canopy extreme heat management
that rely on an equity-centered workforce development campaign.
In 2022, the city helped secure $1.5 billion in federal funding for urban forestry. In 2023,
the city worked with county, regional and national organizations to help influence how
these funds would be allocated. In September of 2023, the US Forest Service selected 12
national organizations to serve as “re-grantors” of these funds. This included $28M for an
organization that the city helped form within the Urban Sustainability Directors Network,
the Center for Regenerative Solutions (CRS). The city is now actively coordinating with
CRS and the other re-grantors to ensure these funds are effectively and equitably
allocated to local government recipients, including the City of Boulder, Boulder County,
and regional collaborations in which the city is taking a leading role.
2. Support Congressionally Directed Spending Requests – Support for 2023 and
2024 congressionally directed spending requests including the pending
requests for modular affordable housing factory.
Item 3A - 2024 Policy Statement 5
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The Fiscal Year 2023 omnibus bill passed by Congress in late December 2022 included
$506,000 in funding for the city’s Affordable Housing Modular Factory project, which
was championed by Senators Bennet and Hickenlooper. The city submitted three federal
FY2024 earmark requests: (1) $500,000 for Startup Costs for Suicide Prevention Clinic
(2) $2,200,000 for Microgrid Electric Bus Charging Facility Project and (3) Orchard
Grove Water Infrastructure Project. While the first two projects were submitted by
Senators Hickenlooper and Bennet for committee consideration, they unfortunately did
not get included in the final package of FY2024 senate appropriation bills.
3. Support for Northwest Area Mobility Study Projects - Support for
transportation improvements recommended by the Northwest Area Mobility
Study, specifically the construction of SH119 multimodal improvements and
the Northwest Rail Line (B Line) in conjunction with the Front Range
Passenger Rail Line
The city coordinated with the Northwest Mayors and Commissioners Coalition to apply
for the since-awarded $25M federal Rebuilding American Infrastructure with
Sustainability and Equity (RAISE) grant for the CO 119 Safety and Mobility
Improvements Project.
Recommended 2024 State Policy Priorities
1.Harden Infrastructure Against Climate Change – Ensure critical
infrastructure, including utilities are built to remain resilient, safe and reliable as
the climate continues to evolve and extreme weather events, like wind, wildfire
and floods, grow in severity. This includes undergrounding of privately-owned
electric, natural gas and telecommunication utilities where feasible, proactive
maintenance practices and prioritizing the correction of disparate reliability
concerns. It also includes state and federal resources necessary to improve water,
wastewater, stormwater and flood management.
2.Fund and protect the city’s ability to reduce and prevent homelessness
•Minimum requirements for local governments to combat homelessness.
•Preserve local government authority to ban camping in public spaces.
•Increase statewide coordination of efforts that result in funding and
programming for prevention and supportive services, expansion of mental and
behavioral health prevention and treatment, transitional, and permanent
housing options, and proposals that affect targeted populations, including the
challenges presented by family, youth, and single-adult homelessness.
3.Qualified* support for state involvement in land use matters that furthers
the city’s housing affordability, transportation, climate, resilience and equity
goals (see Position 22 for qualifications)
•Incentivize local governments to adopt land use policies, such as transit
oriented development, that reduce greenhouse gases and discourage single
occupancy vehicle travel.
Item 3A - 2024 Policy Statement 6
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•Reduce barriers to development of accessory dwelling units and multiplexes.
•Minimum average housing density standards along high-frequency transit
corridors and multimodal transit stations.
•Reduce the number of parking spaces that can be required.
•Create regional housing assessments that identify housing needs, local
housing targets proportional to the needs of all income levels, and a
requirement that local governments develop housing production strategies to
meet these targets.
4.State Transit Funding – Generate new transit operations funding tied to road
use, including vehicle registration, car rentals, car shares, retail delivery, gasoline
consumption and vehicle miles travelled. Another source of revenue that should
be explored is through increases in the state’s severance tax (a tax imposed upon
nonrenewable natural resources that are removed from the earth). The city
supports prioritizing use of these funds for the restoration and expansion of local
and regional transit service, including Bus Rapid Transit, on-demand transit, free
transit periods during high ozone periods and free transit for youth.
5.Vulnerable Road Users Fees – Implement one or more “Vulnerable Road User
Protection Fee” enterprises in the state’s 12 most populous counties with the fee
tied to the weight of vehicles and with the funds available for transportation
system improvements that reduce vehicular collisions with vulnerable road users,
such as pedestrians or bicyclists.
Recommended 2024 Federal Policy Priorities
1.Support Congressionally Directed Spending Requests – Support for the city’s
2025 congressionally directed spending requests.
2.Support for Northwest Area Mobility Study Projects – Support transportation
improvements recommended by the Northwest Area Mobility Study, specifically
the Northwest Rail Line (B Line) in conjunction with the Front Range Passenger
Rail Line.
ATTACHMENTS
Attachment A – Proposed City of Boulder 2024 Policy Statement on Regional, State and
Federal Issues (substantive policy revisions reflected)
Attachment B – Table of Proposed Substantive Policy Changes
Item 3A - 2024 Policy Statement 7
Packet Page 10 of 79
PROPOSED
City of Boulder
2024 Policy Statement on Regional,
State and Federal Issues
(Replace with Cover)
Item 3A - 2024 Policy Statement 8
Attachment A - Proposed City of Boulder 2023 Policy Statement
Packet Page 11 of 79
State Policy Priorities
1. Harden Infrastructure Against Climate Change – Ensure critical
infrastructure, including utilities are built to remain resilient, safe and reliable as the
climate continues to evolve and extreme weather events, like wind, wildfire and floods,
grow in severity. This includes undergrounding of privately-owned electric, natural gas and
telecommunication utilities where feasible, proactive maintenance practices and
prioritizing the correction of disparate reliability concerns. It also includes state and federal
resources necessary to improve water, wastewater, stormwater and flood management.
2. Fund and protect the city’s ability to reduce and prevent homelessness
Minimum requirements for local governments to combat homelessness.
Preserve local government authority to ban camping in public spaces.
Increase statewide coordination of efforts that result in funding and programming
for prevention and supportive services, expansion of mental and behavioral health
prevention and treatment, transitional, and permanent housing options, and
proposals that affect targeted populations, including the challenges presented by
family, youth, and single-adult homelessness.
3. Qualified* support for state involvement in land use matters that furthers
the city’s housing affordability, transportation, climate, resilience and equity
goals (see Position 22 for qualifications)
Incentivize local governments to adopt land use policies, such as transit oriented
development, that reduce greenhouse gases and discourage single occupancy vehicle
travel.
Reduce barriers to development of accessory dwelling units and multiplexes.
Minimum average housing density standards along high-frequency transit corridors
and multimodal transit stations.
Reduce the number of parking spaces that can be required.
Create regional housing assessments that identify housing needs, local housing
targets proportional to the needs of all income levels, and a requirement that local
governments develop housing production strategies to meet these targets.
4. State Transit Funding – Generate new transit operations funding tied to road use,
including vehicle registration, car rentals, car shares, retail delivery, gasoline consumption
and vehicle miles travelled. Another source of revenue that should be explored is through
increases in the state’s severance tax (a tax imposed upon nonrenewable natural resources
that are removed from the earth). The city supports prioritizing use of these funds for the
restoration and expansion of local and regional transit service, including Bus Rapid
Transit, on-demand transit, free transit periods during high ozone periods and free transit
for youth.
5. Vulnerable Road Users Fees – Implement one or more “Vulnerable Road User
Protection Fee” enterprises in the state’s 12 most populous counties with the fee tied to the
weight of vehicles and with the funds available for transportation system improvements
that reduce vehicular collisions with vulnerable road users, such as pedestrians or
bicyclists.
Item 3A - 2024 Policy Statement 9
Attachment A - Proposed City of Boulder 2023 Policy Statement
Packet Page 12 of 79
Federal Policy Priorities
1.Support Congressionally Directed Spending Requests – Support for the city’s
2025 congressionally directed spending requests.
2.Support for Northwest Area Mobility Study Projects – Support transportation
improvements recommended by the Northwest Area Mobility Study, specifically the
Northwest Rail Line (B Line) in conjunction with the Front Range Passenger Rail
Line.
Item 3A - 2024 Policy Statement 10
Attachment A - Proposed City of Boulder 2023 Policy Statement
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Policy Principles
The following policy principles guide the development, interpretation and application of the
positions identified in this policy statement.
Equity, Racial Justice and Social Resilience – Dismantle institutional and systemic
racism, prioritize voices, experiences, interests, and needs of communities that have been
historically excluded, and reduce the vulnerabilities of groups most susceptible to natural
or human caused stressors.
Collaboration – Identify mutual interests that permit the city to support and further the
needs of regional, state and federal partners and to engage in a collaborative spirit that
advances all interests.
Local Control – Protect local control and home rule authority unless otherwise stated in
specified positions or where council has expressed a desire to yield such authority.
Support for City Programs – Provide funds and other support for city programs, so long
as doing so does not come at the expense of support for city partners, such as preK-12 and
higher education.
Item 3A - 2024 Policy Statement 11
Attachment A - Proposed City of Boulder 2023 Policy Statement
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Contacts
City Council (Revise after election)
NAME CURRENT TERM CONTACT INFORMATION
Matt Benjamin Began
11/16/2021
Expires
11/18/2025
303-453-9896
benjaminm@bouldercolorado.gov
Aaron Brockett Began Expires 720-984-1863
brocketta@bouldercolorado.gov
Lauren Folkerts Began
11/16/2021
Expires
11/18/2025
303-829-4008
folkertsl@bouldercolorado.gov
Nicole Speer Began
11/16/2021
Expires
11/18/2025
303-519-9068
speern@bouldercolorado.gov
Mark Wallach Began
11/16/2021
Expires
11/18/2025
720-601-9977
wallachm@bouldercolorado.gov
Tara Winer Began
11/16/2021
Expires
11/21/2023
303-912-5960
winert@bouldercolorado.gov
Bob Yates Began Expires 720-310-5829
yatesb@bouldercolorado.gov
City Manager
Nuria Rivera-Vandermyde
303-441-3090
Rivera-VandermydeN@bouldercolorado.gov
Chief Policy Advisor
Carl Castillo
303-441-3009
castilloc@bouldercolorado.gov
Assistant City Attorney
Laurel Witt
303-441-4121
wittl@bouldercolorado.gov
State Contract Lobbyists
Headwaters Strategies, Inc.
Will Coyne & Adam Eichberg
303–834-7799
Federal Contract Lobbyists
Smith Dawson & Andrews
Brett Garson & Kristian Chin
202-835-0740
Physical Address
1777 Broadway
Boulder, CO 80306
For More Information
www.bouldercolorado.gov/intergovernmental
Item 3A - 2024 Policy Statement 12
Attachment A - Proposed City of Boulder 2023 Policy Statement
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Table of Contents
STATE POLICY PRIORITIES ................................................................................... II
FEDERAL POLICY PRIORITIES ............................................................................ III
POLICY PRINCIPLES ............................................................................................... IV
CONTACTS .................................................................................................................... V
DEVELOPMENT AND USE OF THE POLICY STATEMENT .............................. 5
POLICY POSITIONS .................................................................................................... 6
Climate Change and Community Resilience ................................................................... 6
1. Build community resilience .......................................................................................... 6
2. Reduce statewide greenhouse emissions consistent with or greater than the State of
Colorado’s codified goals ......................................................................................................... 7
3. Preserve and expand the ability of local governments to engage in climate action
efforts ....................................................................................................................................... 7
4. Continue to reduce emissions from the electricity sector and prepare the grid for
increased new uses .................................................................................................................. 8
5. Enhance customer electricity choice ............................................................................. 8
6. Reduce emissions from the natural gas sector ............................................................ 9
7. Ban or accelerate the phase-out of hydrofluorocarbons (hfcs) and other climate-
warming refrigerants ............................................................................................................ 10
8. Create a carbon cap and any market-based mechanisms necessary to decrease
carbon emissions ................................................................................................................... 10
9. Increase public access to energy data ......................................................................... 10
10. Increase energy efficiency and energy affordability ................................................... 11
11. Encourage widespread adoption of electric and efficient motorized vehicles and
adoption of a low- carbon fuel standard .............................................................................. 12
12. Advance circular materials economy by promoting waste reduction and diversion
efforts ..................................................................................................................................... 12
13. Strictly regulate the oil and gas industry, especially with regard to ensuring a 60
percent reduction in greenhouse gas emissions by 2030 compared to 2005 levels .............. 13
Democracy and Governance .............................................................................................. 14
14. Amend the U.S. Constitution to abolish corporate personhood ................................. 14
Economic Vitality ................................................................................................................. 14
15. Protect core provisions of the Colorado Urban Renewal Law, which provides
effective redevelopment tools for municipalities such as tax increment financing and
eminent domain ..................................................................................................................... 14
16. Continue funding and support for the federally funded labs located in Boulder ..... 15
Housing and Land Use ........................................................................................................ 16
17. Create, preserve, and expand federal affordable housing funding options ............... 16
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Attachment A - Proposed City of Boulder 2023 Policy Statement
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2
18.Create, preserve, and expand state and local government affordable housing
funding options ..................................................................................................................... 16
19.Reform the state’s construction defect law so as to increase the supply of diverse
housing options, including condominiums .......................................................................... 17
20.Enhance and preserve the rights and interests of residents of manufactured home
communities .......................................................................................................................... 17
21.Allow Colorado local governments to implement rent control measures .................. 17
22.Qualified support for state involvement in land use matters that furthers the city’s
housing affordability, transportation, climate, resilience and equity goals ....................... 17
Human Services/Human Rights ........................................................................................ 18
23.Fund and protect the city’s ability to reduce and prevent homelessness ................... 18
24.Increase mental/behavioral health services ............................................................... 19
25.Protect reproductive freedoms including the right to access abortions ..................... 19
26.Support local cash assistance programs benefitting low-income community members
20
27.Comprehensively reform federal immigration laws while adopting associated state
level reforms that allow and provide for support of all people regardless of immigration
status ..................................................................................................................................... 20
28.End the mistreatment of migrants in U.S. Immigration and Customs Enforcement
detention facilities as well as in alternatives to detention programs .................................. 21
29.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 ..................................................................................................... 22
30.Support the Indigenous peoples of Colorado .............................................................. 22
31.Avoid further cuts or policy changes to state and federally funded health and
human service programs that negatively impact accessibility, availability, quality and
affordability of cost of basic health and human service needs ............................................ 23
32.Support Criminal Justice Reform .............................................................................. 23
33.Require insurance companies contracted by “Health First Colorado” to pay qualified
behavioral health providers at an amount equal to the Medicaid fee schedule developed by
Colorado’s Department of Health Care Policy and Financing ............................................ 23
34.Eliminate or reduce excessive documentation and administrative procedures
required to access government benefits ................................................................................ 24
35.Reduce health disparities and promote equity and wellness for people with
disabilities ............................................................................................................................. 24
Internal Administrative Matters ...................................................................................... 25
36.Protect workers’ compensation system ........................................................................ 25
37.Protect the autonomy of employment and personnel decisions made by municipal
collective bargaining units .................................................................................................... 25
38.Protect governmental immunity ................................................................................. 25
39.Allow local governments increased options for banking, including the option to
create a public bank or to invest with, and receive other banking services from, NCUA-
insured credit unions ............................................................................................................ 25
Municipal Courts .................................................................................................................. 26
Item 3A - 2024 Policy Statement 14
Attachment A - Proposed City of Boulder 2023 Policy Statement
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3
40. Protect the institution and autonomy of the municipal courts while accepting
necessary state oversight that ensures consistent protection of the constitutional rights of
defendants ............................................................................................................................. 26
Policing and Criminal Justice ........................................................................................... 27
41. Prevent local government mandates to enforce federal immigration laws ............... 27
42. Prevent the imposition of onerous information gathering and reporting requirements
on public safety, especially when those requirements come with substantial costs that are
not supported by adequate funding ...................................................................................... 27
43. Increase the financial threshold of property damage that triggers a police
investigation of non-injury traffic accidents ........................................................................ 27
Public Health and Safety .................................................................................................... 27
44. Continued support from state and federal government for COVID pandemic
response and recovery and the associated economic and fiscal crisis ................................. 27
45. Discourage e-cigarette and tobacco use, particularly among youth, by banning
flavored vapor products ........................................................................................................ 28
46. Ensure the safe use and commercial regulation of marijuana .................................. 28
47. Address the health and safety concerns associated with alcohol and substance abuse
in the greater community ...................................................................................................... 29
48. Provide greater healthcare at a lower cost ................................................................. 29
49. Prevent gun violence .................................................................................................... 29
Regional Environmental Quality, Natural Resources and Parks ............................. 31
50. Restore clean air to Colorado ...................................................................................... 31
51. Protect the ability of local governments and the land trust community to acquire
and protect parks and open space ........................................................................................ 31
52. Support the implementation of the city’s ecological conservation efforts, including
the Urban Wildlife Management Plan as well as the Forest and Grassland Ecosystem
plans 31
53. Restore local government authority to regulate certain pesticide uses and provide for
additional protections for pollinators, human health and the environment ...................... 32
54. Support efforts that protect the Boulder community from wildfire and promote
ecological forest and grassland health ................................................................................. 33
Rocky Flats ............................................................................................................................. 33
55. Continue to fund the monitoring and long-term stewardship of both the Rocky Flats’
Central Operable Unit and the Rocky Flats National Wildlife Refuge ............................... 33
Tax Policy ............................................................................................................................... 35
56. Restore, preserve and expand the authority of local governments to audit and collect
taxes and to issue sales tax licenses ...................................................................................... 35
57. Preserve the municipal bond federal income tax exemption ...................................... 36
Telecommunications ............................................................................................................ 37
58. Expand or preserve the authority of municipalities to regulate the private
deployment of cellular wireless facilities and of wired broadband networks. .................... 37
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59. Preserve and expand benefit programs that help ensure that households can afford
the broadband needed for work, school, healthcare and more. ........................................... 37
Transportation ...................................................................................................................... 37
60. Increase and prioritize transportation infrastructure funding with a focus on
maintenance of existing infrastructure and projects that are multimodal in design and
that reduce greenhouse gas emissions .................................................................................. 37
61. Increase funding for transit operations that results in restoration and expansion of
service to the Boulder region ................................................................................................. 38
62. Support funding, construction and operation of the Northwest Rail line and the
Front Range Passenger Rail line as a means towards its completion ................................ 38
63. Increase transportation access for vulnerable populations, including youth, older
adults, those with lower income and people with disabilities ............................................. 39
64. Encourage “complete streets” that accommodate people using all modes of travel and
ensure that new infrastructure investments include improvements that prepare for the
future and provide alternatives to single occupancy vehicle travel ..................................... 39
65. Encourage greater local road maintenance by the Colorado Department of
Transportation ..................................................................................................................... 40
66. Encourage automated vehicle deployment in furtherance of Boulder’s sustainability
goals while retaining local authority to address community-specific policy objectives that
cannot otherwise be met ........................................................................................................ 40
67. Further the city’s Vision Zero Action Plan ................................................................. 40
68. Expedite Regional Transportation District transit service restoration and improve
the organization’s functioning, oversight and governance .................................................. 41
69. Minimize the impact of local airport overflights, noise and pollution on neighboring
communities .......................................................................................................................... 41
University of Colorado ........................................................................................................ 42
70. Provide a renewed commitment by the state and federal governments to fund the
University of Colorado and its capital programs and student financial aid ..................... 42
Water........................................................................................................................................ 42
71. Promote the efficient utilization and conservation of water, and preservation of
water quality ......................................................................................................................... 42
72. Protect against significant threats to the city’s water rights ..................................... 43
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Development and Use of The Policy Statement
The purpose of the City of Boulder’s 2024 Policy Statement on Regional, State and Federal
Issues (the “Policy Statement”) is to inform city advocacy on policy decisions that, while
made outside the city’s jurisdictional authority, have potential to significantly impact the
city. This includes legislative decisions by the Colorado General Assembly or the U.S.
Congress. It also includes non-legislative decisions made at the federal, state and regional
levels, including those of Colorado agencies (e.g., Air Quality Control Commission, Public
Utilities Commission, Department of Transportation, Department of Regulatory Affairs);
federal agencies (e.g., Environmental Protection Agency, Department of Transportation, the
Federal Communications Commission); regional governments (e.g., Regional Transportation
District); and intergovernmental coalitions (e.g., Rocky Flats Stewardship Council, Colorado
Municipal League, Metro Mayors Caucus, Northwest Mayors and Commissioners Coalition,
Colorado Communities for Climate Action). The Policy Statement is also used to inform
decisions on judicial cases the city should participate in as an amicus curia, including
whether to sign on to an amicus brief.
The city offers the Policy Statement to regional, state and federal policy leaders for reference
when considering decisions impacting the City of Boulder. Strategic, targeted, and/or
abbreviated versions of this information will also be created throughout the year for use in
specific communications.
The Policy Statement was developed in advance of the convening of the 2024 Colorado
General Assembly and the First Session of the 118P
th
P U.S. Congress. Consequently, it does not
address legislation by bill number. Instead, it describes the city’s goals on various policy
matters as well as examples of specific approaches it would support or oppose to achieve
those policy goals. With the coordination of the city’s Chief Policy Advisor, it will be used by
city officials to inform communication of city positions on proposed bills and non-legislative
regional, state and federal policy decisions.
The city welcomes the opportunity to discuss its Policy Statement. Please direct any
questions to City Council members or to the city’s Chief Policy Advisor at 303-441-3009.
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Policy Positions
Climate Change and Community Resilience
1. Build community resilience
Climate change presents a significant threat to the social and economic well-being of the
Boulder community. Both acute events like fire and flood and chronic stressors like rising
temperatures and declining air quality are emblematic of what the community faces now and
into the future. Building the community’s resilience to the realities and inevitability of
climate change are critical for preserving the vitality of our community and this must be
done within the context of equity and climate justice. Accordingly, the city will advocate for
the following policies:
a) Harden Infrastructure Against Climate ChangeInfrastructure Resilience –
Ensure critical infrastructure, including utilities are built to remain resilient, safe
and reliable as the climate continues to evolve and extreme weather events, like wind,
wildfire and floods, grow in severity. This includes undergrounding of privately-owned
electric, natural gas and telecommunication utilities where feasible, proactive
maintenance practices, and prioritizing the correction of disparate reliability
concerns. It also includes state and federal resources necessary to improve water,
wastewater, stormwater and flood management.
b) Resilient Land Management – Funding for state and local governments to promote
resilient land management research, monitoring, management practices and decision-
making processes that stabilize and protect ecosystems for current and future
biodiversity and ecosystem services. This includes support for funding and
implementation of urban and wildland local and regional wildlife corridors that
establish refugia and connected habitat as well as development of a statewide
biodiversity strategy to coordinate federal, state and local resilience planning and
action.
c) Urban Forestry –Secure federal funding for enhancing the city’s urban canopy and
for applied research to inform a coordinated statewide campaign to implement an
equity-centered workforce development program to plant these trees. Community
benefits include: reducing urban heat islands and their associated illness and death
impacts; increasing the absorption of storm water and reducing extreme weather
impacts; decreasing energy needs during both extreme heat and cold events and the
associated financial impacts on low income residents; and providing enormous
potential for local job creation in communities where it is most needed.
d) FEMA - Study the structural and economic impacts of climate resiliency at the
Federal Emergency Management Agency (FEMA), including recommendations on how
to improve FEMA’s use of building codes and standards to prepare for climate change
and address resiliency in housing, public buildings, and infrastructure such as roads
and bridges. Advocate for local and state policy to address gaps and inequities
associated with immigration and housing status.
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2. Reduce statewide greenhouse emissions consistent with or
greater than the State of Colorado’s codified goals
Colorado released its first Greenhouse Gas Pollution Reduction Roadmap in January 2021.
This Roadmap laid out a pathway to meet the state’s statutory GHG reduction targets of 26%
by 2025, 50% by 2030 and 90% by 2050 from 2005 levels. The state is now working to update
the Greenhouse Gas Pollution Reduction Roadmap (“Roadmap 2.0”), including an updated
inventory of emissions and a new set of near-term actions that will guide implementation in
the state. The city will actively support state agency action, as well as any additional
legislation needed, to ensure that Colorado achieves or exceeds these emission reductions.
3. Preserve and expand the ability of local governments to engage
in climate action efforts
The city supports preserving and expanding the ability of local governments to develop and
implement emissions-related strategies to reach their climate action and resilience goals,
including their ability to:
a) Utility Formation - Form their own retail energy utilities through a process that
is predictable, equitable, safe, reliable and cost-effective.
b) Condemnation - Exercise their constitutional right to condemn and acquire
utility assets at fair market value, without having to pay utility lost revenues.
c) Streetlights – Purchase street lighting through cost-effective, transparent and
reasonable means to maximize the efficiency of such lighting.
d) Natural Gas – Preserve and strengthen the ability of local governments to
support their community’s shift away from the use of natural gas.
e) Generation and Storage - Maximize the deployment of local clean energy
generation and storage options.
f) Financing - Create new financing and ownership structures for clean energy
technologies.
g) State and Federal Resources - Benefit from state or federal facilities,
programs, funding or requirements relied on by cities to reduce greenhouse gas
emissions.
h) Partnerships - Develop enforceable partnerships between local governments and
energy utilities that allow for the deployment of innovative energy solutions and
investment in local energy systems.
i) Carbon Sequestration - Optimize the potential for carbon sequestration through
methods including carbon capture and storage technologies, use of carbon-storing
materials in construction, regenerative agriculture, improved soil health, and
ecosystem management.
j) Equity - Incorporate equity, accessibility, and just transition considerations into
climate policies and actions.
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4. Continue to rReduce emissions from the electricity sector and
prepare the grid for increased new uses
The city supports reducing emissions from the electricity sector through means that:
a) Grid Investments – Ensure the grid is ready to support localized load growth
from building and transportation electrification.
a)b) Distributed Generation – Expand retail distributed generation, including
distributed energy storage. “carve-out” for investor-owned utilities and
cooperatives.
b)c) Load Management - Encourage investments in conservation that focus on
load management aligned with better utilization of renewable resources and
minimize the consumer’s total energy bill.
c)d) Participation Before the PUC - Clarify that, for purposes of the rules
governing intervention in administrative hearings before the Colorado Public
Utilities Commission (PUC), customers of a business regulated by the PUC qualify
as persons who "will be interested in or affected by" the PUC's order.
d)e) Coal-Fired/Natural Gas Power Plants – Ensure the successful retirement
of all coal power plants. Advocate for limited investment in and use of natural gas
(methane) power plants when more economic renewable energy options are
available.
e)f) Storage - Encourage and incentivize energy storage technologies as an
alternative to investments in fossil fuel based generating facilities.
g) Clean Energy Standard – Create a national clean energy standard that requires
utilities to increase the portion of energy produced by renewable resources.
h) Bridge the Gap – Enable customers and communities to work with their electric
utility to fully eliminate the emissions associated with their electricity by 2030.
f)i) Emerging Technologies – Encourage investments and regulation that
encourage adoption and growth of emerging technologies, such as long duration
storage, advanced geothermal and renewably-sourced hydrogen.
5. Enhance customer electricity choice
The city supports new financing business models, products, technologies and efforts that
enhance energy choices through means that:
a) Competitive Markets - Advance open, competitive energy markets in Colorado
through such means as eliminating legal energy monopolies, allowing for aggregation
of residential or commercial electric customers in municipal purchase of renewable
energy on behalf of these groups of customers (a.k.a. community choice energy, or
CCE), or by otherwise increasing options for customer electricity choice.
b) Grid Modernization - Expand distributed generation, energy storage, high-levels of
renewable energy generation (distributed and utility-scale), and appropriate
technologies through grid modernization.
c) Creative Customer Options - Allow for new and creative customer options such as
peer-to-peer sharing of electricity generation or microgrid development.
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d) Diverse Energy Options - Allow customer access to diverse energy options through
a variety of policies (including net metering, feed-in-tariffs, “value of solar” tariffs)
that fully recognize and preserve the value of local solar.
e) Interconnection Requirements - Streamline interconnection requirements for
customer-sited energy options such as microgrids, distributed generation and storage
technologies.
f) Mobile Homeowners - Allow mobile homeowners to receive the same rebates,
incentives and interconnection options associated with the installation of solar panels
as are available to other homeowners.
g) PURPA - Allow qualified facilities larger than 100 kW to interconnect and sell output
to a utility at the utility’s avoided cost outside of the competitive solicitation during
an Electric Resource Plan proceeding pursuant to the Public Utilities Policies Act of
1978 (PURPA);
h) Renewable Energy Standard - Change to the Renewable Energy Standard (RES)
to allow communities to develop, interconnect and own new shared renewable
generation to meet their energy goals and enable local ownership of clean energy
generation above and beyond RES requirements and without incentives, if a
community chooses; and
i) Solar Gardens - Modernize the Colorado Solar Gardens (CSG) statute by
incentivizing the development of smaller and more locally-based CSGs that serve
individual customers and that are suitably sited to support community-based
resilience goals.
6. Reduce emissions from the natural gas sector Facilitate the
beneficial electrification of buildings
The city supports accelerating the transition from natural gas (the major component of which
is methane) and propane to electricity for residential and commercial building applications,
including space and hot water heating, cooking and laundry. It supports development of a
statewide policy framework and set of actions that promotes the adoption of high efficiency
and low emission heating and cooling technologies such as electric-driven heat pumps (air
and ground source), sustainable biomass energy systems, anaerobic digestion, solar thermal
and other renewable energy-ready systems. The city would support approaches to achieving
these goals that:
a) Demand Side Management – Support implementation of the Public Utilities
Commission’s (PUC) directive to set demand side management (DSM) mandates for
both electric and natural gas utilities to encourage natural gas conservation and
efficiency programs, switching from natural gas to electric, and investment in income-
qualified programs.
b) Utility Programs - Require utilities to develop incentives and rate structures that
support beneficial electrification and reflect the value provided to the electric grid.
c) Least Cost Alternative - Require natural gas utilities to only allow new natural gas
infrastructure development when it is demonstrated to be the least cost alternative
(accounting for the social cost of carbon) against comparable investments in
alternatives, including efficiency and beneficial electrification.
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d) Mandates - Include electrification mandates into energy objectives for state-owned
buildings.
e) Infrastructure Upgrades -– Create rRequirements and incentives for electric
utilities to upgrade electrical infrastructure, including customer-side requirements, to
support conversion of existing building stock to electric systems.
f) Safety Plans - Require natural gas utilities to develop and revise natural gas
infrastructure safety plans to incorporate electrification strategies as a means of
addressing deficiencies in aged infrastructure.
g) Customer Financing Programs – Create customer-facing financing options such as
tariff-based on-bill financing options.
h) HOAs – Ensure that HOAs cannot prevent the fair access to efficient heating and
cooling or block the installation of outdoor heat pump condenser units.
7. Ban or accelerate the phase-out of hydrofluorocarbons (hfcs) and
other climate-warming refrigerants
HFCs are used as refrigerants and in air conditioning, foams, aerosols, and other
applications. They are the fastest growing source of greenhouse gas emissions in the U.S.
and globally are thousands of times more potent than CO2. Coupled with efficiency
opportunities in refrigeration and cooling, phasing down the use of HFCs could deliver
significant climate and energy efficiency benefits.
8. Create a carbon cap and any market-based mechanisms
necessary to decrease carbon emissions
The city supports adoption of state and federal limits on greenhouse gases, sometimes
referred to as carbon caps, that increase over time as necessary to reach state greenhouse
reduction goals. Operationalizing such limits in different sectors often requires market-based
policies that can create financial incentives for GHG emitters to emit less. The city supports
both carbon caps and market-based mechanisms as necessary, including approaches that:
a) Carbon Tax - Establish a state level carbon tax with proceeds used to fund
renewable and energy efficiency projects as well as transmission and distribution
system improvements that enable additional deployment of renewables and
energy efficiency measures.
b) Carbon Fee and Dividend - Create a national revenue-neutral carbon fee and
dividend to significantly reduce U.S. carbon emissions while simultaneously
maintaining robust economic growth.
9. Increase public access to energy data
The city supports increasing the public’s access to energy data through means that:
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a) Transparency - Standardize regulated utility filings to increase transparency at
the PUC and requiring all PUC discovery to be publicly available and filed in
machine-readable formats.
b) Demand-Side Management Programs - Facilitate the development of a third-
party demand-side management program implementer, including energy
efficiency and distributed generation programs.
c) Energy Data/Statistics - Facilitate the development of an energy data center or
energy statistics branch within a state energy agency to produce data sets related
to research and policymaking.
d) Whole-Building Data - Enable regulated utilities to provide aggregated whole-
building data to building owners and property managers for use in building
benchmarking and energy efficiency improvements; and,
e) CORA - Create an exception to the Colorado Open Records Act that confirms the
ability of local governments to protect customers’ energy data when they
participate in local energy efficiency programs and greenhouse gas emissions
reporting initiatives.
10. Increase energy efficiency and energy affordability
a) Energy Insecurity – Direct the PUC to require utilities to revise and implement
programs and services that reduce the energy cost burden for customers.
a)b) Regional Energy Networks - Allow local governments to develop regional
energy networks that implement energy efficiency programs.
b)c) DSM Program Dollars to Local Governments - Facilitate community-
specific program implementation by distributing demand-side management
program dollars to local governments.
c)d) Net Zero and All-Electric Construction - Facilitate the development of net
zero and outcome-based construction through demand side management
programs.
d)e) Expand Program Access - Support continued and expanded funding for
programs that help low-income Coloradoans meet their energy needs such as the
Low-Income Home Energy Assistance Program and the Weatherization Assistance
Program, while also considering a more expansive series of indicators, beyond
income, to identify those in need.
e)f) Lighting and Appliance Efficiency Standards - Eliminate federal
preemptions prohibiting states and local governments from exceeding the federal
lighting, appliance and other equipment efficiency standards.
f)g) Affordable and Multi-housing Homes - Direct the PUC to require utilities to
revise and implement DSM programs that facilitate the construction of affordable
and multi-housing net-zero energy homes.
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11. Encourage widespread adoption of electric and efficient
motorized vehicles and adoption of a low- carbon fuel standard
The city supports policy changes that reduces energy use and emissions of air pollutants
from vehicles, specifically through means that:
a) Fuel Efficiency Information - Require the state’s vehicle registration database to
be structured to allow local governments to have access to fuel efficiency information
of the vehicles registered in their jurisdiction.
b) County Emission Fees - Provide Colorado counties the option to implement
emission fees on the purchase of less efficient vehicles and to offer rebates on the
purchase of more efficient vehicles, with social equity concerns addressed by setting
the fee as a percentage of the value of the vehicle and creating a minimum value
below which the fee would not apply.
b)c) Electric Vehicle Sales Requirements - Adopt regulation that accelerates
the transition to vehicle electrification, such as the Advanced Clean Cars II and
Advanced Clean Trucks rules.
c) Low Carbon Fuel –Create a low carbon fuel standard similar to California’s
requirement of a reduction in the carbon intensity of the transportation fuels by 20
percent by 2030.
d) Public Charging Access and Time Shifting - Encourage the proliferation of public
and private charging infrastructure with an emphasis on expanding access to home
charging for residents of multi-unit dwellings, income-qualified customers, and
disproportionately impacted communities. Also encourage EV charging during the
time of day when the largest amount of clean energy is available on the grid. that
allows for the measurement and verification of the charge provided.
e) Electric Buses – Remove barriers to electric bus adoption including the upfront
start-up costs of bus purchases, charging infrastructure and garage and maintenance
facilities. Create a new tariff structure that is more favorable for electric buses.
12. Advance circular materials economy by promoting waste
reduction and diversion efforts
The city has a vision of a circular materials economy where waste is designed out of products
and systems, materials are kept in use as long as possible, and natural systems are
regenerated. Boulder’s zero waste goals around waste reduction and diversion are a
necessary part of this vision and changes at the state level are necessary to support it.
Colorado’s low 15.9% percent diversion rate lags far behind the national average of 34
percent partly as a result of inexpensive landfill tip fees, the lack of recycling markets in
Colorado and lack of convenient curbside recycling and composting programs for all residents
and businesses, particularly along the Front Range. Taken together, low landfill fees and low
demand for recyclable materials feedstock, often make the most environmentally responsible
material management choices cost prohibitive. To address these challenges, the city supports
state policy changes that would:
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a) Producer Responsibility – Implement and create incentives and requirements for
producers to maintain responsibility for their products across all sectors of the
economy.
a)b) End Markets - Incentivize the creation or expansion of Colorado-based end-
market businesses which source recycled materials for their products using options
like tax credits or other approaches to encourage source-reduction, recycling,
composting and markets for recycled materials.
b)c) Compost – Support sequestration of carbon in agricultural soils using
compost, biochar and other regenerative techniques, in order to both reduce state
carbon emissions and build markets for finished compost.
c)d) Materials Banned from Landfill - Ban specific materials from landfills or
incineration, such as cardboard, organics and beverage containers or lithium ion
batteries.
d)e) Landfill Tip Fees - Increase statewide landfill tip fee surcharges to be used
for waste reduction.
e) Data Reporting - Develop data reporting mechanisms to better estimate the state’s
recycling rate and support data reporting at the municipal and county level.
f) Waste to Energy - Prevent "waste to energy" technologies involving trash
incineration or incentivizing landfilling for the sake of energy creation.
g) Anaerobic Digestive Technology - Capture energy from anaerobic digestive
technologies at composting and wastewater treatment plants.
h) Organic Matter for Energy - Support energy production from the organic matter
portions of the waste stream that would otherwise end up in a landfill if not used to
make energy or energy products. Examples of this type of beneficial use include woody
construction and demolition waste and yard or food waste that is not able to be
otherwise diverted from landfills and could be used to produce electricity or liquid fuel
components.
13. Strictly regulate the oil and gas industry, especially with regard
to ensuring a 60 percent reduction in greenhouse gas emissions
by 2030 compared to 2005 levels
The city will support changes to state or federal policy that would address specific oil and gas
drilling impacts, including changes to:
a) Greenhouses Gas Emissions - 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.
b) Applicability of Federal Laws - Eliminate fracking as an exempted activity under
the Clean Water Act, Safe Drinking Water Act and other federal environmental laws.
c) Water Quality - Provide statewide protections for water including: requiring
setbacks from all streams, and lakes and wetlands; requiring baseline and periodic
water monitoring at all drilling sites; raising casing and cementing standards to
ensure wellbore integrity; adopting a rebuttable presumption that allows water rights
owners within a certain distance of an oil/gas well to recoup repair costs if their water
supply is contaminated, diminished, or disrupted; requiring operators to formulate a
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water management plan including planned source of water and substitute water
supply plans; and recycling wastewater before acquiring new supplies.
d) Air Quality - Better protect air quality at and near oil and gas operations, decrease
emissions of volatile organic compounds and other ozone precursors, and decrease
methane and other greenhouse gas emissions by requiring strict controls on fugitive
emissions from oil and gas facilities, including adopting the latest technology in leak
detection and repair.
e) Impact Mitigation - Study air, water, seismic, noise and public health impacts from
oil and gas operations and ways to mitigate or avoid impacts.
f) Local Consent - Require consent from governmental bodies before an operator may
locate oil and gas facilities on government property, such as open space lands.
Democracy and Governance
14. Amend the U.S. Constitution to abolish corporate personhood
On November 1, 2011, the residents of Boulder voted, by a 73 percent majority, to approve
Ballot Question No. 2H which called for “reclaiming democracy from the corrupting effects of
corporate influence by amending the United States Constitution to establish that: 1) Only
human beings, not corporations, are entitled to constitutional rights; and 2) Money is not
speech, and therefore regulating political contributions and spending is not equivalent to
limiting political speech.” The City of Boulder will support state and federal legislation that
furthers efforts to amend the U.S. Constitution with language that captures the sentiment, if
not the exact language, expressed by Ballot Question No. 2H.
Economic Vitality
15. Protect core provisions of the Colorado Urban Renewal Law,
which provides effective redevelopment tools for municipalities
such as tax increment financing and eminent domain
Unlike many communities that contain vast areas of undeveloped land planned for future
commercial and residential use, Boulder's future economic sustainability will depend on
effective and ongoing re-use of existing developed property. The majority of future
redevelopment in Boulder will be completed by private entities and through private
investment. However, in rare circumstances, and based on the requirements of the urban
renewal law, projects that demonstrate a compelling community need may only be achievable
through a public/private urban renewal partnership. Consequently, the city will support
protecting options to facilitate revitalization of their urbanized areas, including through the
use of tax increment financing and eminent domain.
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16. Continue funding and support for the federally funded labs
located in Boulder
The city’s economic vitality policy strongly supports the federally funded laboratories located
in the city, specifically:
a) Cooperative Institute for Research in Environmental Sciences (CIRES), a partnership
of NOAA and CU Boulder
b) Institute of Arctic and Alpine Research (INSTAAR), CU Boulder’s oldest institute
c) JILA, a joint institute of CU Boulder and NIST
d) Laboratory for Atmospheric and Space Physics (LASP) at CU Boulder
e) National Ecological Observatory Network (NEON)
f) National Institute of Standards and Technology (NIST)
g) National Oceanic and Atmospheric Administration (NOAA)
o Earth System Research Laboratory (ESRL)
o National Centers for Environmental Information (NCEI)
o National Weather Service (NWS)
o National Environmental Satellite, Data and Information Service (NESDIS)
o Space Weather Prediction Center (SWPC)
h) National Solar Observatory (NSO)
i) National Telecommunications and Information Administration (NTIA)
j) University Corporation for Atmospheric Research (UCAR)
o National Center for Atmospheric Research (NCAR)
k) UNAVCO
l) United States Geological Survey (USGS)
The labs, the research they conduct, and the researchers and staff they employ are vitally
important to the City of Boulder, Boulder County, the Denver metropolitan region, the state
and the nation. Boulder highly values the scientific contributions the labs and their
employees have made to the entire nation, as well as the economic impact they have on our
community. These institutions work closely with scientific researchers from the University of
Colorado in Boulder and Colorado State University in nearby Fort Collins. This synergy of
scientific knowledge is found only in a very few other places in the United States. Just as the
labs generate direct benefits (employment, local spending) and associated indirect activity
through an economic multiplier effect, the opposite holds true for funding reductions.
17. Reform the federal Opportunity Zone incentive to increase
transparency and local government involvement
Qualified Opportunity Zones (OZ) are designed to spur economic development and job
creation in distressed communities by providing tax benefits to investors who invest eligible
capital into these communities. Taxpayers may defer tax on eligible capital gains by making
an appropriate investment in a Qualified Opportunity Fund and meeting other
requirements. The city supports increased transparency and mechanisms to allow for more
local government involvement in OZs including approaches proposed in the past that would
have required the Government Accountability Office to provide a comprehensive examination
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of the OZ program, required a public listing of all qualified opportunity zone funds and
relevant information about those funds and increased reporting requirements.
Housing and Land Use
18.17. Create, preserve, and expand federal affordable housing
funding options
The city supports creation, expansion and preservation of federal funding for local
governments where such funds can be used flexibly to address locally-defined housing goals,
including to provide for low and middle-income housing outcomes. Examples of funding
options that the city will support are as follows:
a) LIHTC – Low Income Housing Tax Credits, both 9 percent and 4 percent,
administered through the Colorado Housing Finance Authority which serve as the
primary source of equity for affordable rental housing.
b) Section 8 – Section 8 rental programs, both housing choice vouchers and project-
based, which serve the lowest income families in Boulder.
c) Boulder Housing Partners – Direct support of the city’s housing authority, Boulder
Housing Partners.
d) HOME & CDBG – HOME Investment Partnerships and Community Development
Block Grant programs, which in past years have allowed the city to invest in
expanding affordable housing, strengthened public infrastructure, and improved the
quality of life for the city’s low and moderate-income residents.
e) PABs – Private Activity Bonds, which are tax exempt and enable projects to receive
non-competitive 4 percent LIHTC.
19.18. Create, preserve, and expand state and local government
affordable housing funding options
The city supports creation, expansion and preservation of state and local government
funding where such funds can be used flexibly to address locally-defined housing goals,
including to provide for low and middle-income housing outcomes. Examples of funding
options that the city will support are as follows:
a) Real Estate Transfer Tax – Allow local governments to impose a real estate
transfer tax or document recording fee.
b) Housing Trust Fund – Fund the state affordable housing trust fund.
c) Low Income Housing Tax Credit – Protect and expand the state low-income
housing tax credit operated through the Colorado Housing and Finance Authority.
d) New Tax Credits – Create new state affordable housing tax credits for
homeownership, employer assisted housing, and other activities.
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19. Reform the state’s construction defect law so as to increase the
supply of diverse housing options, including condominiums
The city will support revisions to the state’s construction defect law which will provide for
consumer protections while removing barriers that discourage developers from building
condominiums for fear of costly lawsuits.
20. Enhance and preserve the rights and interests of residents of
manufactured home communities
While mobile and manufactured homes provide relatively affordable housing options,
residents are nonetheless subject to unique vulnerabilities inherent in the divided ownership
of the home and the lot it sits on. One such vulnerability is being subject to significant
increases in rent in any given year. Accordingly, the city will support being granted the
authority to place limits on the rent increases that can be imposed on such pads.
21. Allow Colorado local governments to implement rent control
measures
Boulder supports the repeal of the portion of state law, C.R.S. 29-20-104, that prevents cities
and counties from controlling rent on private houses and housing units.
22. Qualified support for state involvement in land use matters that
furthers the city’s housing affordability, transportation, climate,
resilience and equity goals
The General Assembly is expected to consider a series of bills over multiple sessions that
would result in the state assuming some level of authority or oversight on zoning and land
use matters currently under the exclusive control of local governments. The city is
traditionally reluctant to cede local control, especially when it results in unfunded mandates.
The justification for such hesitancy is rooted in the view that local problems demand local
solutions, and that one size cannot fit all. However, under circumstances where the problems
sought to be addressed by the state overlaps with city goals that transcend local borders and
which cannot be achieved by acting alone, Boulder has supported the creation of minimal
state standards narrowly tailored to meet those goals. A prime example of such a problem is
the housing affordability crisis in and around Boulder. Addressing this crisis, especially
when doing so advances climate, resilience, transportation and equity goals, is a city priority.
Like many of its neighboring cities, Boulder has dedicated a substantial amount of attention
and resources toward achieving this goal and has seen some progress. However, making a
meaningful impact will require a coordinated and shared commitment among all local
governments.
For these reasons, the city supports state policy changes that incentivize and encourage local
governments to adopt land use policies, such as transit oriented development, that reduce
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greenhouse gases and discourage single occupancy vehicle travel. The city may also support
state policies that go beyond incentives if such policies meet the following conditions:
a. Narrowly targeted to further the goals of the Boulder Valley Comprehensive Plan,
b. Allow for flexibility in implementation,
b.c. City determination that it has sufficient water supplies and water and sewer
infrastructure to serve the mandated land use changes without jeopardizing system
reliability including considerations of climate change impacts, and
c.d. Clarity on how local governments already meeting state standards can be exempted.
The following are four policy categories that the city expects will soon be considered by the
statehouse. To the extent that they are consistent with the above qualifications and the
below descriptions, the city will support them.
a) Reduce barriers to development of accessory dwelling units and multiplexes.
b) Create minimum average housing density standards along high-frequency transit
corridors and multimodal transit stations.
c) Reduce the number of parking spaces that can be required.
d) Create regional housing assessments that identify housing needs, local housing
targets proportional to the needs of all income levels, and a requirement that local
governments develop housing production strategies to meet these targets.
Human Services/Human Rights
23. Fund and protect the city’s ability to reduce and prevent
homelessness
The city’s homelessness strategy is built around the belief that Boulder community members
should have the opportunity for a safe and stable place to live. The strategy expands
pathways to permanent housing and increases access to programs and services. The city
supports state legislation that funds and facilitates such efforts. Furthermore, it will
advocate for the following:
a) Minimum requirements for local governments to combat homelessness.
b) Preserving local government authority to ban camping in public spaces.
c) Increased statewide coordination of efforts that result in funding and
programming for prevention and supportive services, expansion of mental and
behavioral health prevention and treatment, transitionaltemporary and
permanent housing options, and proposals that affect targeted populations,
including the challenges presented by family, youth, and single-adult
homelessness.
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24. Increase mental/behavioral health services
Residents in Boulder and across the nation report significant need for increased access to,
mental/behavioral health services. The city relies on its regional partners (county, local
Managed Care Service Organization, local community mental health center, mental health
providers/practitioners, community health workers, etc.) to collaborate and implement
programs needed by our residents. Nevertheless, the city supports policy changes that would
expand mental/behavioral health services and reduce barriers to care, including ones that
would:
a) Expand access to substance abuse treatment, including residential treatment,
particularly for people experiencing homelessness who otherwise lack a suitable
environment in which to pursue recovery;
b) Ensure treatment and recovery options for people who use methamphetamine, which
involves unique challenges due to a lack of medication treatment options and housing
barriers for people using this drug. This includes the development of housing to assist
people experiencing homelessness with recovery-supported housing specific to
methamphetamine use ;
c) Ensure a collaborative comprehensive continuum of mental/behavioral treatment
level options from crisis/emergency services (e.g., the city’s Crisis Intervention
Response Team and Community Assistance Response and Engagement programs) to
ongoing community care that meets individual needs and avoids duplication of effort;
d) Expand permanent supportive housing resources – the most effective solution to
homelessness – for people experiencing chronic homelessness and who have either
active or a history of addiction;
e) Support services that are culturally competent; language accessible; and meet the
needs of populations with access barriers including transportation, work and
childcare schedules;
f) Address workforce shortages in the mental/behavioral health field to enable service
expansion for youths and adults; and
g) Reduce stigma surrounding mental/behavioral health issues.
25. Protect reproductive freedoms including the right to access
abortions
While Colorado has passed legislation protecting the right to access abortion, there is still a
need for additional complementary legislation at both the state and federal levels, including:
a) Pprivacy protections for personal reproductive and sexual health information against
the out of state use and/or subpoena of security videos and the like (e.g., Ring, Arlo) to
track people seeking reproductive care.
b) Strengthening criminal/civil laws against those that chase/harass people seeking
reproductive access and care.
a)c) Prohibitions against states banning patients from entering Colorado to seek
abortions.
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26. Support local cash assistance programs benefitting low-income
community members
The city intends to implement a guaranteed income pilot project in 2023, in which no-strings-
attached direct cash payments would be provided to a portion of the city’s low-income
community. As of fall 2022, an estimated 100 guaranteed income projects are currently or
will soon be in place across the country. Action from state and federal agencies to remove
policy barriers and support cash assistance processes can help ensure maximum positive
impact for individual participants and address poverty on a more systemic level. The city will
support specific policy changes that can advance guaranteed income programs, such as:
a) Waivers on income-ceiling eligibility for basic needs assistance programs (e.g.,
Supplemental Nutritional Assistance Programs, aka “SNAP”), so that participants
can avoid losing critical benefits while receiving direction cash assistance.
b) A permanent federal Expanded Child Tax Credit, which in 2021 lifted an
estimated four million children (nationally) out of poverty.
27. Comprehensively reform federal immigration laws while
adopting associated state level reforms that allow and provide
for support of all people regardless of immigration status
As detailed in Ordinance 8162, Boulder is a sanctuary city committed to fostering and
ensuring equity, social justice and freedom from persecution and the protection of civil and
human rights for all people. It believes in the dignity of all its residents, regardless of
immigration status, and recognizes the importance of their many contributions to the social,
religious, cultural and economic life of the city. Many undocumented persons contribute
taxes and are entitled to access city services and all city facilities. Accordingly, the city
welcomes and encourages cooperation at all levels of government to work together to support
swift and responsible legislative action to produce equitable, humane, effective and
comprehensive federal immigration reform and associated state level reform that provides
for:
a) Enforcement - Enforceable immigration laws;
b) VISAs - A simplified visa system which allows for family unification of those who
have been separated by the legal immigration backlog process and which provides for
legal status for the existing immigrant workforce;
c) Purple Card - A new immigration status, sometimes referred to as a Purple Card,
identical to the Green Card except that it would not be a path to U.S. citizenship (but
neither would it preclude the possibility of eventual citizenship);
d) Rate of Immigration - A rate and system of controlled immigration that matches
the needs of our economy;
e) Integration - Social integration for our existing immigrant workforce and their
families;
f) Minors - Unaccompanied minors receiving appropriate child welfare services, legal
support and expeditious reunification with their families already in the United
States;
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g) Employers - Recognition of employers as key allies in implementing immigration
policy and enhancing enforcement of labor laws to remove the market advantage that
leads to exploiting immigration status to pay lower wages, avoid taxes and violate
labor laws;
h) Border Control - A system which ultimately aids in border control;
i) Economic Development - Bilateral partnerships with other countries to promote
economic development that will reduce the flow of immigrants;
j) DREAM Act - Qualification of students for immigration relief if they have resided in
the United States for several consecutive years, arrived in the U.S. as young children
and demonstrated good moral character (i.e., the “DREAM Act”);
k) DACA - Consistent with council Resolution 1215, continuation of the federal program
that permits these DREAMERS to request consideration of deferred action for a
period of two years, subject to renewal, and eligibility for work authorization (i.e.,
Deferred Action for Childhood Arrivals or DACA);
l) Sexual Orientation - The Uniting American Families Act, which would ensure that
all Americans, regardless of sexual orientation, receive equal treatment under
immigration laws, and
m) Repeal of Laws Hostile to Immigrant Rights - Repeal of federal policies that were
designed to diminish the rights of immigrants, non-white people and those without
proper documentation.
m)n) State Employment Opportunities - Allow all state of Colorado employment
opportunities to Colorado residents regardless of immigration status.
Conversely, the city will oppose the adoption of any federal or state policies that penalize
non-citizens who have used public benefits, including services provided by the city (e.g., the
U.S. Citizenship and Immigration Services’ Final Rule on Public Charge Ground of
Inadmissibility) or that does not provide due process or implicitly discriminates based on
economic status, with requirements that exclude those without significant financial
resources.
28. End the mistreatment of migrants in U.S. Immigration and
Customs Enforcement detention facilities as well as in
alternatives to detention programs
U.S. Immigration and Customs Enforcement (ICE) operates a network of more than 200 jails
and detention facilities. Some facilities and detention services are contracted out to for-profit,
private prison operators. The poor and often times deplorable treatment of immigrants in
these detention centers reflects a fundamental failure of our government’s obligation to
protect the dignity of all human beings in its custody. Many immigrants report disgraceful
living conditions, including assault, limited access to medical care, scarce and low-quality
food, and undue forms of punishment. The Department of Homeland Security’s Office of
Inspector General issued a report on June 3, 2019 which detailed “unaddressed risks or
egregious violations of the PBNDS (2011 Performance-Based National Detention
Standards).” It further found that inspections of four ICE detention facilities “revealed
violation of ICE’s detention standards and raised concerns about the environment in which
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detainees are held.” The city supports congressional action to address these concerns,
specifically action that:
a) Transparency - Provides stricter oversight and inspection requirements of ICE
detention facilities, and all necessary funding to ensure transparency;
b) PBNDS - Fully implements and enforces the 2011 Performance-Based National
Detention Standards (2011 PBNDS) at all facilities that hold immigrant detainees, as
recommended by the American Bar Association;
c) For-Profit Prisons - Ends the practice of contracting with for-profit prisons and
paying them based on minimum bed quotas, and;
d) ATD - Reform ICE’s Alternatives to Detention (ATD) programs by increasing
providing for greater support for the immigrants through community engagement,
legal services, and increased transparency and eliminating the ability of these
programs by or-profit private prison corporations.
29. 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 HB1224, 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.
30. Support the Indigenous peoples of Colorado
In 2016, Boulder passed Resolution No. 1190 declaring the second Monday of October of each
year to be Indigenous People’s Day. In it, the city resolved, among other things, that “those
now living on these ancestral lands recognize that harm was done and acknowledge that we
have a shared responsibility to forge a path forward to address the past and continuing harm
to the Indigenous People and the land,” and, “. . . in the pursuit of shared responsibility and
of promoting knowledge about Indigenous Peoples, unifying communities, combating
prejudice and eliminating discrimination against Indigenous Peoples, the City of Boulder
does hereby resolve the second Monday in October of each year to be Indigenous Peoples'
Day.”
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In furtherance of this resolution, the city supports state legislation that would:
a) Declare an Indigenousness People’s Day at the state level; and
b) Allow instate tuition for American Indian Tribe members with ties to Colorado, as
had been proposed by HB14-1124.
31. Avoid further cuts or policy changes to state and federally
funded health and human service programs that negatively
impact accessibility, availability, quality and affordability of
cost of basic health and human service needs
In recent years, the state and federal government made drastic cuts to services that help
provide a safety net to thousands of city residents. This includes services to low-income
residents, children and families, and older adults. The city urges Congress and the General
Assembly to expand resources for those essential services that serve the city’s most
vulnerable, including childcare assistance, access to affordable health care, mental health
and addiction services, and food assistance.
32. Support Criminal Justice Reform
The city supports criminal justice reform that includes, but is not limited to, sentencing and
bond reform, mental health care, addiction recovery and dismantling of institutional and
systematic biases. Mass incarceration has a disproportionate impact on communities of color,
particularly African American males who are significantly over-represented in prison
populations. The city supports initiatives that emphasize restorative justice and treatment
over incarceration. Prisoners also need to be better integrated into the community upon
release. Newly released individuals looking to change their lives face significant barriers to
employment and housing. The city supports initiatives that support re-entry for released
felons. Criminal behavior often can be the result of mental health conditions. Jails and
prisons are not appropriate forums for treatment of mental illness. The city supports
initiatives to provide better residential and out-patient treatment for people with mental
illness.
33. Require insurance companies contracted by “Health First
Colorado” to pay qualified behavioral health providers at an
amount equal to the Medicaid fee schedule developed by
Colorado’s Department of Health Care Policy and Financing
Colorado Department of Health Care Policy and Financing (HCPF) offers mental health care
coverage through “Health First Colorado,” Colorado’s Medicaid Program. Colorado
Community Health Alliance (CCHA) administers these services to over 300,000 Medicaid
recipients in Boulder County as well as seven other neighboring counties. CCHA, in term,
contracts with Anthem Insurance for support in providing these services.
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Up until recently, Anthem paid independent mental health providers at 100 percent of the
HCPF Medicaid fee schedule. Recently, CCHA announced that as of January 2020, providers
will see a 20 percent reduction in reimbursements. This reduction seriously jeopardizes the
continued provision of essential services to hundreds of vulnerable individuals in Boulder.
To address this concern, the city supports a change to state law that would require the
payment of qualified Medicaid behavioral health providers according to HCPF’s Medicaid fee
schedule. This would properly place the responsibility to set required rates with HCPF, not
with unaccountable managed care organizations.
34. Eliminate or reduce excessive documentation and administrative
procedures required to access government benefits
A variety of health, human services, housing, and other public benefit and safety-net
programs place an excessive and often unnecessary burden of proof on eligible participants to
demonstrate their need and eligibility to access programs, creating barriers that often
prevent qualified individuals from receiving assistance when they need it most.
Documentation requirements are often time-consuming, invasive, excessive, and difficult to
understand. Administrative procedures place unnecessary burden on the elderly, disabled,
low-income and Black and Latino persons and families, impeding their access to entitlements
or direct-benefit programs. Public benefit programs at all levels of government must simplify
and improve accessibility to application processes; reduce unnecessary, burdensome
procedures and requirements; and identify cross-coordination and programmatic efficiencies
to remove barriers to public benefits for which they are eligible. Tangible actions that should
be implemented include:
a) Promote cross-program enrollment into programs wherever possible;
b) Suspend or curtail rules that focus on documentation and compliance versus access;
c) Remove penalties for overpayments and provide flexibility to recoup those versus
threat of criminal charges., and;
d) Target efforts to reach specific populations that were harmed by the Trump
Administration’s Public Charge rules.a
35. Reduce health disparities and promote equity and wellness for
people with disabilities
The opportunity to take part in and benefit from all city offerings by all those eligible,
including people with disabilities, is a priority of the city. To accomplish this, the city has
invested in a dedicated Americans with Disabilities Act Coordinator position and ongoing
funding to address needed changes to support access for all in programming, services,
activities, and employment. The city supports the reduction of disparities and strives to
promote equity and wellness for people with disabilities. It also supports policies that create
inclusive healthy communities and full accessibility, including maintenance of existing
protections provided by the ADA. Additionally, the city supports Affordable Care Act Section
1557, prohibitions against discrimination.
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Internal Administrative Matters
35.36. Protect workers’ compensation system
The city’s self-insurance program is a cost-efficient method to provide workers’ compensation.
The workers’ compensation system serves a dual purpose, providing benefits promptly to
injured employees in a cost-effective manner and minimizing costly litigation. Consequently,
while the city will support legislation that improves the administrative efficiency of the State
of Colorado’s Division of Workers’ Compensation, it will oppose legislation that increases
insurance premium costs to employers, adds administrative burdens or taxes to self-
insurance programs, promotes litigation or removes existing off-sets to workers’
compensation benefits. It will also oppose efforts to expand the definition of a “presumptive
disease” to further shift the burden of proof for workers compensation claims.
36.37. Protect the autonomy of employment and personnel
decisions made by municipal collective bargaining units
Many employees of the city are part of one of three collective bargaining units. As part of
those units, they have the right to negotiate the terms of their employment. The city may
oppose any state or federal law that would mandate municipalities to collectively bargain
with public safety employee labor unions over wages, benefits or working conditions, under
one-size-fits-all rules.
37.38. Protect governmental immunity
The complexity and diversity of city operations and services required to meet the needs of the
residents of Boulder may expose the city and its officers and employees to liability for
damage and injury. City officers and employees must be confident that they have the city’s
support in the lawful and proper performance of their assigned duties and responsibilities.
Consequently, excepting established under the Colorado Governmental Immunity Act, 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. Conversely, the city will oppose
legislation that expands or increases municipal liability or further limits municipal
immunity beyond current law.
38.39. Allow local governments increased options for banking,
including the option to create a public bank or to invest with,
and receive other banking services from, NCUA-insured credit
unions
While the city has been generally satisfied with currently available banking services, it has
begun to consider the disadvantages of continuing to invest with financial institutions that
do not always align with the city’s values and priorities. It has also begun to consider the
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possibility of creating a public bank that provides investment and lending opportunities that
would align with city values and priorities. It is in the early phase of exploring this
possibility and has not yet dedicated the necessary resources to fully explore the desirability
or viability of creating a Boulder public bank, nor those necessary to identify the various
state and federal statutory, and possibly constitutional, impediments that exist.
Nevertheless, it supports any state or federal changes necessary to remove those
impediments. The city also supports having the option to bank with credit unions. Credit
unions, as local banking entities, may provide better options for local governments by
keeping funds invested within the community. Consequently, the city supports changes in
state law to allow credit unions that meet certain requirements (e.g., adequate reporting,
National Credit Union Association (NCUA) insurance equal to FDIC rates that are required
of private banks, pledging requirements for collateral on investments placed with the credit
union) to be used by home rule cities in Colorado.
Municipal Courts
39.40. Protect the institution and autonomy of the municipal
courts while accepting necessary state oversight that ensures
consistent protection of the constitutional rights of defendants
Municipal courts play a vital role in creating safe and welcoming communities. Municipal
laws can be uniquely crafted to address criminal behaviors impacting the local quality of life.
Municipal courts can, in turn, reinforce societal expectations using sanctions that reflect
local community values. In Boulder, these sanctions often take a restorative, problem-solving
approach (i.e., they seek to address the root cause(s) of the criminal behavior). Boulder’s
Municipal Court has been a state leader in providing innovative and restorative justice
sentencing alternatives. The city consequently will oppose legislation that threatens the
ability for its city municipal court to maintain adequate autonomy to continue to function at
the highest levels and support legislation that restores such autonomy. For example, it will
support modest changes to the state bond statute (C.R.S. Sec. 6-4-113) to allow judges
discretion to hold a defendant facing criminal charges in custody pending trial if that
defendant has persistently failed to appear for court. It will, however, support changes to
state laws that provide fair and necessary oversight that ensure that the constitutional
rights of defendants are protected statewide. Recent examples of added state oversight that
the city has considered appropriate include reforms to guarantee that indigent defendants
have access to independent defense counsel, that municipal defendants are not held in jail for
longer than is reasonably necessary before seeing a judge, and that indigent defendants are
not jailed for the inability to pay monetary fines and fees.
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Policing and Criminal Justice
40.41. Prevent local government mandates to enforce federal
immigration laws
The city supports preserving the option for its police officers to enforce federal laws,
including federal immigration laws. However, it will vigorously oppose any state or federal
legislation that mandates that its police enforce federal immigration laws, especially if they
are unfunded mandates or are likely to result in enforcement officers engaging in racial
profiling or discrimination based on race, ethnicity or national origin.
41.42. Prevent the imposition of onerous information gathering
and reporting requirements on public safety, especially when
those requirements come with substantial costs that are not
supported by adequate funding
An example of a reporting requirement that has been imposed on local law enforcement
agencies in the past is the state law requiring the arrest of undocumented immigrants to be
reported to Immigration and Customs Enforcement. The city would oppose such a
requirement.
42.43. Increase the financial threshold of property damage that
triggers a police investigation of non-injury traffic accidents
It takes very little damage to a vehicle to reach the current threshold of $1,000. While the
city’s police department currently responds to most accidents, increasing the damage
threshold will provide greater flexibility and more local control over the use of police
resources.
Public Health and Safety
43.44. Continued support from state and federal government for
COVID pandemic response and recovery and the associated
economic and fiscal crisis
The city supports continued direct and flexible emergency financial assistance to local
governments to help address both the health challenges presented by COVID-19 as well as
the associated economic and fiscal crisis.
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44.45. Discourage e-cigarette and tobacco use, particularly
among youth, by banning flavored vapor products
In the past few years, a public health crisis has emerged with regard to vaping and nicotine
addiction among youth across the United States. Colorado and Boulder County youth have
been hit particularly hard. High school youth in the Boulder Valley School District are using
e-cigarettes at rates higher than the state and national average (33 percent compared to 26
percent and 13 percent respectively) according to data from the 2017 Healthy Kids Colorado
Survey. Far more alarming trends have begun to emerge since the summer of 2019, where
several hundred cases of a vaping-related illness have been reported across the nation, with
33 fatal cases as of October 1, 2019. The city has taken steps to ban flavored vapor products
and increase the sales age for tobacco and nicotine-containing products to 21 years. However,
to truly tackle this health crisis, it will require the support of the state and federal
government. Therefore, with acknowledgement given that some individuals turn to vaping as
a smoking cessation device, the city supports changes at the state and federal level that
would ban flavored nicotine vapor products.
45.46. Ensure the safe use and commercial regulation of
marijuana
The city will support or oppose state and federal policy in furtherance of the following goals:
a) Children - Create and maintain mechanisms to ensure marijuana is appropriately
regulated so that only adults intentionally choosing to use marijuana are exposed to
it, that such users receive a safe product in a well-run and compliant licensed
premise, and that these substances are kept away from children;
b) Licensing - Maintain a dual licensing system to allow both the state and local
governments to issue and enforce licensing of commercial marijuana facilities;
c) Cost Recovery - Allow local governments to recover the full costs of any commercial
licenses they choose to allow;
d) Barriers to Business - Remove legal and administrative barriers to standard
business infrastructure for marijuana businesses, such as banking and auditable
records;
e) Safety - Maintain the creation of overall safety requirements, in consultation with
the state, related to recreational marijuana while reserving to local governments
specific abilities, but not mandates, to adopt additional requirements and monitor and
enforce those rules;
f) THC Levels - Regulating high potency THC marijuana products (e.g., shatter & wax)
so as to protect youth by exploring the creation of limits on its potency as supported
by outcomes of research, messaging, and marketing and by increasing education on
the dangers of such products on youth; and
g) Organics – Adopt a state-administered organic certification program for marijuana,
modeled on the existing USDA organic certification program administered by the
Colorado Department of Agriculture.
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46.47. Address the health and safety concerns associated with
alcohol and substance abuse in the greater community
Boulder’s City Council adopted Resolution 960 on October 19, 2004, concerning alcohol abuse
within the community. This resolution affirmed the city’s commitment Boulder is committed
to finding solutions to address the critical issues of health, safety and well-being stemming
from alcohol and substance abuse within the city. Accordingly, the city will support policy
changes that would:
a) Kegs - Require the sale of kegs containing alcohol to have a tag attached that would
permit tracing of the purchaser, similar to the practices required for marijuana
purchases;
b) Server Training - Require mandatory server training;
c) Public Drunkenness - Repeal the provision contained in C.R.S. Section 27-81-117
preventing municipalities from adopting public drunkenness ordinances; and,
d) Hours of Service - Permit municipalities to regulate licensees’ hours of alcohol
service.
d)e) Harm Reduction Centers – Grant local control to municipalities to permit
(but not require) overdose prevention centers to reduce the likelihood that persons
suffering from substance abuse disorders overdose in public areas such as parks,
libraries, and in and around local businesses.
Conversely, the city will oppose any legislation that undermines these goals, including efforts
which would eliminate the 25 percent food requirement for Hotel and Restaurant liquor
licenses.
47.48. Provide greater healthcare at a lower cost
The rapidly increasing cost of health care and health insurance is a barrier to equitable
health outcomes and economic gains among many Boulder residents. Current proposals
under consideration to reform the system include a single payer universal health care
system, a multi-payer universal health care system and expanding the Affordable Care Act,
among others. The city encourages lawmakers to determine which approach can provide the
greatest access to affordable, quality healthcare for the greatest number of people at the
lowest cost.
48.49. Prevent gun violence
In 2022, Boulder City Council adopted five ordinances that included the ban on the sale and
possession of assault weapons, large-capacity magazines, multi-burst trigger activators,
ghost guns in the city. The city has temporarily paused the enforcement of the ordinance due
to ongoing litigation. To achieve the goal of these ordinances, the city will also require the
increased support of the state and federal government. Toward that end, the city supports
measures to prevent gun violence, including:
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a) Background Checks – Require universal background checks on all sales of firearms,
including private sales.
b) Assault Weapons – Ban assault weapons at the state or federal levels.
c) Waiting Period – Require a waiting period of at least six days for purchase of a
firearm under state or federal law.
d) Minimum Age – Increase the minimum age to purchase and possess firearms.
e)c) Short-Barreled Firearms Regulation of short-barreled firearms equipped with
pistol braces.
d) Open Carry Prohibitions – Any state or federal regulation banning open carry of
firearms.
e) Insurance Requirements – Require firearms owners to obtain and maintain
liability insurance.
f) Merchant Category Code – Require a separate code for credit card purchases of
guns, as exists for other business types, to allow law enforcement to recognize
dangerous firearm purchasing trends.
g) Lie and Try Enforcement – Require FBI to alert state and local law enforcement of
a prohibited person’s failed attempt to buy a gun as indicated through lying on a
federal background check form.
h) Prohibit Firearms in “Sensitive Places” - In addition to keeping guns out of
schools and off of college campuses, legislation could prohibit civilians from carrying
guns in daycare centers, playgrounds and other places where children gather, bars
and restaurants that serve alcohol, public demonstrations and rallies, airports, and
courthouses.
f) Permit to Sell - Require federal firearm licensee to acquire a state license to sell
firearms in Colorado ensuring the state has enforcement authority with respect to
state laws and the ability to stop bad sellers.
i) Expanded Concealed Carry Requirements – Expand the requirements necessary
to obtain a concealed carry weapon permit including requiring live fire training.
j) Exception for Background Checks if Suicidal – Allow a firearm to be
temporarily and voluntarily transferred to a friend or family member without a
background check if the gun owner is suicidal.
The city will oppose any policy changes that:
a) Make My Day Law - Expand the immunity given to homeowners if they shoot and
kill intruders, also known as the “make my day” law, to places of business.;
b) Concealed Weapons - Limit the state’s ability to regulate concealed weapons or
local government’s ability to restrict possession of weapons in public facilities; and
c) Repeal Previously Passed Legislation to Reduce Gun Violence
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Regional Environmental Quality, Natural Resources and Parks
49.50. Restore clean air to Colorado
Colorado is suffering from a serious and growing air quality problem, failing year after year
to meet federal standards for air that’s healthy and safe to breathe. Pollution levels are often
high enough to cause both acute and chronic health effects. The primary contributors to our
air quality challenges originate from industrial emissions, building appliances, vehicle
emissions, all exacerbated when combined with wildfire smoke and warmer temperatures.
The city supports efforts to identify and reduce these contributors to our air quality concerns
and to bring the Front Range into compliance with EPA air quality standards for ozone and
particulate matter. In particular, the city supports efforts to:
a) Strengthen regulation, permitting and enforcement of high pollution emitters,
including oil and gas exploration, industrial processing, power generation and natural
gas transport and distribution.
b) Eliminate air pollution from combustion appliance use in buildings which not only
result in indoor air quality challenges but contribute to poor outdoor air quality.
c) Strengthen state regulation and enforcement over motor vehicle exhaust that violates
standards either unintentionally through poor maintenance or intentionally, such as
“rolling coal” modification to diesel vehicles.
d) Secure funding and enact policies and programs to provide for safe indoor sheltering
and health services, especially for those most impacted by outdoor air pollution.
d)e) Support regulation and market transformation initiatives that reduce and
ultimately eliminate the use of gas-powered landscaping equipment.
50.51. Protect the ability of local governments and the land trust
community to acquire and protect parks and open space
Colorado voters provided for a statewide lottery, and in a subsequent election adopted the
Great Outdoors Colorado (GOCO) amendment to the state constitution, which directs that
lottery profits be used for parks, open space, wildlife, and outdoor recreation purposes.
The city supports preservation of the current lottery distribution formula and will oppose
legislation that would change that allocation or create new lottery scratch tickets for other
purposes that would decrease demand for the existing lottery tickets.
51.52. Support the implementation of the city’s ecological
conservation efforts, including the Urban Wildlife Management
Plan as well as the Forest and Grassland Ecosystem plans
The city has an Urban Wildlife Management Plan (UWMP) that guides how Boulder’s urban
areas will provide diverse, self-sustaining, native wildlife populations in a manner
compatible with basic human needs, social and economic values and long-term ecological
sustainability. The city will support state and federal policy that complements the city’s
conservation and conflict management efforts, including ones that:
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a) Provide funding for mosquito management to address state or federal public health
issues/mandates;
b) Encourage the evaluation of relocation opportunities for prairie dogs and modify laws
to allow prairie dog relocation to willing landowners in other counties without
commissioner approval;
c) In cases where lethal control becomes necessary on land development sites, encourage
humane methods for such controls (e.g., restriction of anti-coagulant bait products
that cause poisoning of pets and wildlife);
d) Modify in-stream flow policy that allows cities to retain the value of water rights
while simultaneously conserving native and sport fisheries; and
e) Encourage partnerships between Colorado Parks and Wildlife, municipalities and
waste management companies resulting in policies that reduce the accessibility of
human food sources to bears in urban areas, reduce human-bear conflicts and improve
co-existence.
52.53. Restore local government authority to regulate certain
pesticide uses and provide for additional protections for
pollinators, human health and the environment
Our food system, urban landscaping practices and mosquito and pest management
approaches are all heavily pesticide reliant. While pesticides can be effective in killing
insects or weeds in the short term, there is now overwhelming evidence that pesticides and
other chemical pollutants pose a significant risk to people, particularly children and other
non-target organisms such as pollinators, birds and other wildlife. These pesticides can
disrupt ecosystems, contribute to biodiversity loss, degrade soil health and destroy habitat.
There is also a nexus between pesticide use and climate change. In chemically-intensive
agriculture, greenhouse gas emissions result from the use of nitrogen fertilizer, synthetic
herbicide and insecticide petrochemicals, fossil fuel consumption associated with extraction,
refinement and manufacture of petrochemicals and synthetic fertilizers, and the
transportation of materials and products to and from the farm. Moreover, organic
regenerative farms are more resilient to climate change due to healthy, living soils that
sequester carbon and hold more water, and from increased biodiversity that creates higher
functioning ecosystems. Accordingly, the city supports state and federal policy changes that:
a) Local Control - Authorize local governments with the authority, and option to
exercise that authority, to regulate pesticide uses and applications on privately-owned
lands.
b) Human Health and the Environment - Protect human health and the
environment, including impacts to children, pollinators and water quality, from the
potential adverse effects of pesticides.
c) Education & Research - Fund increased education or research on alternatives to
pesticides and programs that provide increased pesticide-free habitat, sustainable
agriculture and preservation of biodiversity.
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53.54. Support efforts that protect the Boulder community from
wildfire and promote ecological forest and grassland health
The city owns and manages thousands of acres of forested and grassland open space and
mountain parks land, almost all outside the boundaries of the city but immediately adjacent
to residential areas. The health of these grasslands and forests are critical to preventing
catastrophic fires and to supporting biodiversity and creating resiliency. Much of this area
also protects the city’s watershed and water supplies. Historic fire suppression has led to
conditions around Boulder that can have a direct impact on wildfire intensity and frequency,
habitat function, water quality and recreational values. The city is dedicated to protecting
these natural resource values by implementing vegetation management activities that
improve the overall ecological health of our grasslands and forests, decrease the risk of high
intensity wildfires, maintain and improve habitat for fish, wildlife, and plants and protect
public and private resources. Accordingly, the city will advocate for federal and state policy
changes that promote wildfire mitigation and grassland and forest health/restoration efforts
in the wildland/urban interface. More specifically, the city will advocate for:
a) Resources to mitigate fire dangers that accumulate along ditches impacting multiple
public and private entities.
b) Increased flexibility on periods when prescribed burns can be conducted.
c) Development of, and support for, an equity-centered workforce program aimed at
addressing wildland and wildland-interface fire mitigation.
d) Firefighting resources that can assist the city and its regional partners in responding
to wildfires.
e) Accelerated utility wildfire mitigation and vegetation management.
f) Requirements and resources for utilities to underground their wires in high-risk
areas, including urban areas where vegetation density is a concern.
g) Requirements and resources for utilities to have robust and proactive asset
management practices to mitigate risk of equipment failure serving as an ignition
source.
h) Resources to conduct fuel mitigation on residential lands
i) Resources to address forest health
j) Strategic-location of and protection of water resource infrastructure for firefighting
purposes
Rocky Flats
54.55. Continue to fund the monitoring and long-term
stewardship of both the Rocky Flats’ Central Operable Unit and
the Rocky Flats National Wildlife Refuge
In February of 2006, the Rocky Flats Stewardship Council (RFSC) was formed to focus on the
post-closure management of Rocky Flats, the former nuclear weapons plant south of Boulder.
Cleanup was completed in 2005, and federal management was divided between the
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Department of Energy (DOE) and the US Fish and Wildlife Service (USFWS). Ongoing
monitoring of the cleanup remedies and groundwater remediation by DOE continues.
The city’s supports the following:
a) Legacy Management Funding: DOE’s Office of Legacy Management (LM) must be
fully funded. LM is charged with conducting ongoing monitoring and maintenance,
critical steps to ensuring the $7.5 billion cleanup remains protective of human health
and the environment. The city is particularly interested in ensuring continued robust
monitoring by DOE for potential surface and subsurface migration of radioactive
contaminants, toxic metals, and volatile organic compounds. As needed, funding must
be available for additional monitoring and sampling above today’s baseline.
b) Refuge Funding: USFWS’ Rocky Flats program, which is charged with managing
the Rocky Flats National Wildlife Refuge, must be fully funded. The Refuge is a
critical, central piece of land in over approximately 80,000 acres of publicly owned,
permanently conserved land. The city strongly supports continued community
dialogue that promotes landscape and collaborative species conservation in the
Refuge.
c) RFSC Funding: The city strongly supports ongoing DOE funding for RFSC. RFSC
provides critical local government and community oversight of Rocky Flats and helps
ensure community confidence in the ongoing protectiveness of the cleanup remedies.
d) Land Management: The city remains strongly supportive of the Rocky Flats
National Wildlife Refuge Act of 2001, the federal legislation designating Rocky Flats
as a national wildlife refuge. Among other requirements, the Refuge Act protects
Rocky Flats for its abundant natural resources, while allowing community members
at their choosing to recreate on portions of the Rocky Flats National Wildlife Refuge.
The Refuge Act also ensures continued federal ownership and ongoing federal
management of the historic Rocky Flats site.
e) Federal Responsibilities: The city supports maintaining in perpetuity the current
boundaries between the DOE-managed lands and the Rocky Flats National Wildlife
Refuge. The DOE lands, called the Central Operable Unit (COU), include the former
nuclear weapons manufacturing areas, two landfills, settling ponds, groundwater
treatment systems, and water monitoring systems. Maintaining these boundaries
helps ensure that the COU, the area of greatest historic contamination, remains
separate from the Rocky Flats National Wildlife Refuge.
f) Federal Minerals—Retirement: In the 1950s and in recent years, the federal
government has acquired for fair market value various minerals underlying Rocky
Flats. Acquisition does not de facto mean that the federal minerals cannot be
developed. Accordingly, as provided for under federal law, Congress must pass
legislation authorizing DOE to retire its minerals, thereby ensuring they can never be
developed.
g) Federal Minerals—Acquisition: The “Rocky Flats Environmental Technology Act
of 2005” authorized DOE to acquire “essential minerals.” The November 2018 filing
with the COGCC by Highlands Natural Resource Corporation to develop oil and gas
resources under the COU and Rocky Flats National Wildlife Refuge brings to light
that with new technologies not all of the essential minerals were acquired, thereby
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leaving Rocky Flats susceptible to future development activities. Congress must
provide additional funding for acquisition of essential minerals.
h) Regional Trails: It remains imperative that the development of the Rocky Mountain
Greenway comply with all applicable federal and state health and environmental
standards.
Tax Policy
55.56. Restore, preserve and expand the authority of local
governments to audit and collect taxes and to issue sales tax
licenses
The city has an interest in legislative proposals that result from the General Assembly’s
Sales and Use Tax Simplification Task Force which has met since 2017 and is approved to
meet through July 1, 2026. The Task Force is expected to continue its work around matters
related to the state’s Sales and Use Tax System (SUTS), business licensing, definitions,
exemptions, collection and auditing, all with the eye toward increasing uniformity and thus
reducing the burden on businesses. The city will support and help inform the development of
reasonable simplification recommendations, while seeking to ensure that any changes allow
cities to at least remain revenue neutral in terms of the revenue they already collect, and do
not preempt the city’s authority to determine its own tax base, rates, and collection
administration.
Below are the city’s positions regarding the various policies expected to be considered by the
Task Force and the Colorado General Assembly:
a) GIS-Based Sourcing System for Tax Determination – The city supports the
implementation of SB19-006 which requires creation of a Geographic Information
System (GIS) database and software to assist vendors in remitting sales and use taxes
to Colorado local governments.
b) File-and-Pay Portal for Remote Sellers – A tax collection system called the Sales
and Usetate Uniform Tax System (SUTS) was recently developed for voluntary use by
all Colorado governments through execution of an IGA with the Colorado Department
of Revenue. SUTS was created with the intention of eventually serving as a one-stop
file-and-pay portal that remote sellers could use to file and pay any jurisdiction’s
taxes, including taxes of local-collected home-rule jurisdictions, like Boulder. While
SUTs is still in the development phase (it is currently limited to only sales tax
collection and only being used by smaller home rule municipalities), the state would
like all municipalities to eventually rely on it. The city understands the value of such
uniform system but will only agree to participate once it can securely and fully
integrate with the city’s GenTax software system. Moreover, the city will need to be
assured that SUTS would not allow the collection and remittance of tax revenues
based on anything other than its own sales tax rate and tax base. Finally, the city
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would need to know that participation would does not result insupport the state
assuming authority to collect revenues on sales which the city currently has.
c) Uniform Economic Nexus Standard for Home-Rule Municipalities – The
passage of HB19-1240 resulted in a new economic nexus standard for state-collected
sales taxes on remote sellers that have customers in the state and make more than
$100,000 in sales per year to those customers, and new destination-based tax
collection responsibilities on all Colorado businesses except for very small businesses.
Home rule cities, however, are not subject to this standard and are left with the
option of either adopting their own standard or having the state adopt a uniform
standard. The city could consider supporting a uniform standard so long as it would
not negatively impact our sales tax revenue or provoke a challenge of the Supreme
Court’s decision in South Dakota v. Wayfair, which struck down the requirement that
a retailer have a physical presence in a state in order to be required to collect and
remit sales tax.
d) Single Point of Tax Collection – The city opposes any proposal to allow a single
point of tax collection for all sales. Invariably taxpayers file returns with errors or
send payments in without any returns. As a result, the city must conduct research to
resolve these issues. If there was a single point of collection, the city’s ability to
conduct follow-up could disappear and not be replaced by an adequately-staffed or
motivated entity. Moreover, a single point of collection could remove the checks and
balances that currently exist. Currently if a taxpayer sends their Boulder sales tax to
the Department of Revenue (DOR), DOR simply deposits the check. If Boulder gets a
check for state taxes, it sends it back to the taxpayer. For the city to get the money
from the DOR it must assess the taxpayer and the taxpayer has to file a refund to get
their money back from the DOR. In a single point of collection, it is not clear who
would be looking out for Boulder’s interest.
e) Single Point for Licensing – The city would oppose a single point of licensing. Such
change would be very challenging because each municipality has its own zoning laws
and thus unique criteria for determining whether licenses should be approved. A
centralized entity, with less experience and connection to the community, is not likely
to effectively license businesses. Of particular concern is the nexus to the city’s liquor
and marijuana licensing.
f) Centralized Auditing – The city opposes any proposal to require centralized
auditing. The city currently conducts approximately 70 to 80 audits per year, yielding
revenues between $2 to $4 million dollars annually. Centralized auditing could result
in a significant loss of revenue. By way of example, the city already allows a
“Coordinated Audit” by taxpayers licensed in the city and holding a similar sales tax
license in at least four other Colorado municipalities that administer their own sales
tax collection. These audits are almost never requested, partly because it is difficult to
find anyone with experience to audit different municipalities each with different laws.
56.57. Preserve the municipal bond federal income tax exemption
Municipal bonds are the primary way local governments finance infrastructure and have
been for over a century. Eliminating the tax exemption would increase the cost to taxpayers
for schools, water treatment facilities, libraries, bridges, and many other public projects. The
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exemption benefits all Americans. It is not a special interest loophole and should not be
treated as such. Boulder has used both tax exempt and taxable bonds or long-term leases.
Tax exempt financial instruments are used when the project will be for public purposes and
taxable instruments are used if there will be private benefit from the financial transaction.
Consequently, the benefit of tax-exempt financing accrues directly to the city’s tax or rate
payers.
Telecommunications
57.58. Expand or preserve the authority of municipalities to
regulate the private deployment of cellular wireless facilities and
of wired broadband networks.
The provision of broadband access to ensure every member of the Boulder community has
effective access to education, healthcare, professional and other digital resources and
engagement opportunities is a core service that government must enable in today's society.
Utilizing existing city infrastructure or expanding that infrastructure through public or
private funds and making it available for new internet service providers, be they public or
private, can create the necessary competition to bring low-cost and high-speed access to our
residents, regardless of socioeconomic status.
59. Preserve and expand benefit programs that help ensure that
households can afford the broadband needed for work, school,
healthcare and more.
The city is committed to narrowing the digital divide that prevents any member of our
community from accessing high-speed, reliable, affordable broadband internet. About 5% of
city households currently benefit from a federally funded connectivity program that provides
a discount of up to $30 per month toward internet service for eligible households. The city
supports continued funding of this federal program as well as others with similar objectives.
Transportation
58.60. Increase and prioritize transportation infrastructure
funding with a focus on for projects that maintainenance of
existing infrastructure and projects, that are multimodal in
design and that reduce greenhouse gas emissions
In 2021, the state created new fees on gasoline, diesel, electric vehicles, residential deliveries,
and rideshare trips that will provide substantial new funding to repair and expand
Colorado’s decaying transportation system and clean up its air pollution. The state has
adopted rules that require CDOT and MPOs to establish plans that meet greenhouse
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reduction targets through a mix of projects that limit and mitigate air pollution and improve
quality of life. These rules are designed to incentivize mitigation projects such as bus rapid
transit facilities and services, enhanced first-and-last mile connections to transit, bike-
sharing services, improved pedestrian facilities and investments that support compact,
transit-supportive land use and walkable neighborhoods. The city supports all efforts
necessary to implement such policy change at the regional level including though the
DRCOG project selection process and implementation of a DRCOG Greenhouse Gas
Emissions Mitigation Plan.
The city supports generating new transportation infrastructure funding tied to road use,
including vehicle registration, vehicle weight, car rentals, car shares, retail delivery, gasoline
consumption and vehicle miles travelled. It also The city supports prioritizing use of these
and any other regional, state or federal transportation funding to maintain existing
infrastructure, for projects that are multi-modal in design, for travel demand management
activities that would increase the efficiency of the existing system, for projects that help
increase the safety of bikerscyclists and pedestrians and for other purposes that would
decrease the greenhouse emissions from the transportation sector. In particular, the city will
support the funding of projects recommended by the Northwest Area Mobility Study
(NAMS), specifically; North I-25 bi-directional HOV/Transit lanes and development of an
arterial BRT system, including managed lanes, and commuter bikeways, along SH119,
US287, 120th Ave, South Boulder Road, Arapahoe/SH7, and SH 42, as well as
Broadway/SH93 and 28th Street/US 36 to support local and regional transit.
61. Increase funding for transit operations that results in
restoration and expansion of service to the Boulder region
The city supports generating new transit operations funding tied to road use, including
vehicle registration, car rentals, car shares, retail delivery, gasoline consumption and vehicle
miles travelled. The city also supports generating new transit funding through increases in
the state’s severance tax (a tax imposed upon nonrenewable natural resources that are
removed from the earth). The city supports prioritizing use of these funds for the restoration
and expansion of local and regional transit service, including Bus Rapid Transit, on-demand
transit, free transit periods during high ozone periods and free transit for youth.
59.62. Support funding, construction and operation of the
Northwest Rail line and the Front Range Passenger Rail line as
a means towards its completion
The Northwest Rail line is a component of RTD FasTracks program that the voters approved
in 2004. The “B Line” will eventually connect Denver Union Station to Longmont. It follows
the Burlington Northern-Santa Fe rail corridor, roughly parallel to US 36 to Boulder, then
SH 119 to Longmont. Today, the B Line only provides rail service from Denver to
Westminster, but full build-out would result in commuter rail service passing through
Boulder, with a stop at Depot Square Station in Boulder Junction. Completion of this much-
delayed line recently became more likely after it emerged as the favored alignment for a
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shared track with the Front Range Passenger Rail Line which is proposed to be built by
Amtrak between Fort Collins and Pueblo. The city supports RTD’s completion of both the
Northwest Rail line as well as the Front Range Passenger Rail Line as a means toward
ensuring RTD fulfills its obligation to our region. The city also supports ensuring that rail
service along this line include stops as all stations between Denver and Longmont that were
identified by the FasTracks plan.
60.63. Increase transportation access for vulnerable populations,
including youth, older adults, those with lower income and
people with disabilities
The city supports policies and funding mechanisms that make transportation more accessible
for vulnerable populations, specifically through making it more; affordable; available (e.g.,
more frequent on-demand options that are closer to the user) and; capable of accommodating
people with disabilities.
61.64. Encourage “complete streets” that accommodate people
using all modes of travel and ensure that new infrastructure
investments include improvements that prepare for the future
and provide alternatives to single occupancy vehicle travel
The city has historically invested in a multimodal transportation system that includes
infrastructure and programs supportive of a high level of bicycle, transit and pedestrian
travel. Consequently, the city supports legislation that furthers the concept of “Complete
Streets” where modes are interconnected, and a complete set of options are made available to
improve efficiency and mobility for all. The city also supports legislation that promotes
sustainable transportation solutions recognizing energy sources, impacts of vehicle miles
traveled, connections to land use, urban design, and increased accessibility for all.
62. Preserve the city’s ability to regulate vehicle use on sidewalks,
multi-use pathways, and bike lanes, or that requires the city to
alter its current code in order to maintain current policy on
allowed uses of those facilities
The city’s current ordinances prohibit the use of shared or privately-owned Segways or
motorized “toy vehicles” such minibikes or pocket bikes on sidewalks, multi-use paths or bike
lanes. City-initiated changes to such policies would best be informed by a public process
where input from the various sidewalk, multi-use path, and trail users could be solicited and
evaluated. The city opposes changes to state law that would require the city to change its
policy or force an unnecessary and potentially controversial re-evaluation of its policy.
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63.65. Encourage greater local road maintenance by Prevent the
transfer of the maintenance responsibilities for regional
highways from the Colorado Department of Transportation to
local governments
In past years, the Colorado General Assembly has been asked to consider legislation that
would lead to the unilateral transfer to local governments of state highways. Boulder has
several state highways that would be subject to such “devolution,” including U.S. 36 and
Highways 93, 7 and 119. The city believes that, absent local government decisions to the
contrary, these types of regional highways, which service multiple communities and counties,
need to remain the responsibility of the state government.
64.66. Encourage automated vehicle deployment in furtherance of
Boulder’s sustainability goals while retaining local authority to
address community-specific policy objectives that cannot
otherwise be met
Boulder will support policies that encourage the deployment of automated vehicles (AVs) in
Colorado while simultaneously insisting that such deployment promote clean-fueled and safe
vehicles that do not sacrifice the safety of other modes of travel, that are pooled/shared and
accessible and that lead to a decrease in parking demand and vehicle miles driven when
compared to conventional vehicles. Moreover, the city will support policies requiring data
sharing between local governments and AV companies in an aggregated and anonymized
format that protects consumer privacy and safeguards competitive concerns. Whether the
data is shared directly or through a third-party intermediary platform, its sharing is
necessary so that local governments can safely integrate these vehicles onto their roadways.
Conversely, the city will oppose legislation that either does not further these goals or that
denies local government regulatory authority to pursue these goals on its own.
65.67. Further the city’s Vision Zero Action Plan
The city’s Vision Zero Action Plan includes a travel safety objective aimed at eliminating
crashes resulting in serious injuries and fatalities. It reflects a national and worldwide
approach to innovate and use a data driven, interdisciplinary approach to improving safety
for people using all forms of transportation throughout the community. The city would
support state or federal policy changes in furtherance of this objective, including ones that:
a) Expand municipal authority to operate red light or photo radar cameras to enforce
traffic safety and oppose any new limitations
b)a) Prohibit use while driving of mobile electronic devices unless through a hands-
free device
c)b) Lower blood alcohol content levels for DUIs, and
c) Require mobile phone manufacturers or carriers to offer technologies that reduce
inappropriate use while driving.
d) Implement one or more “Vulnerable Road User Protection Fees” in the state’s 12 most
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populous counties with the fee tied to weight of vehicles and with the funds available
for transportation system improvements that seek to prevent vehicular collisions with
vulnerable road users, such as pedestrians or bicyclists.
66.68. Expedite Regional Transportation District transit service
restoration and improve the organization’s Increase the
functioning, oversight and governance of the Regional
Transportation District
The city supports changes that would improve RTD’s financial sustainability,
effectiveness in delivering equitable transit services and commitment towards
working with local governments to achieve such ends. in the process. More
specifically, the city will seek to restore local and regional service that was lost during
the onset of the pandemic. With RTD’s System Optimization Plan calling for a
district-wide 85% restoration of pre-pandemic transit service levels by 2027, and with
no definitive timeline for phasing or restoration during this timeframe, tThe city will
advocate for the expedited restoration of important local and regional routes (like the
FF’s) that have been discontinued or suspended, service to Boulder Junction and re-
opening of the transit center, and improved frequencies and service spans for routes
that have been degraded. More generally, the city will continue to support the
recommendations included in the 2021 final report of the RTD Accountability
Committee, specifically those that would improve governance through board
structural modifications, increase financial stability through improved reporting
metrics and transparency and increase services to all riders by leveraging
partnerships for resources through RTD’s local services councilsSubregional Service
Councils. and service and by simplifying fares and pass programs.
69. Minimize the impact of local airport overflights, noise and
pollution on neighboring communities
The city supports fostering the continued success of local airport business while advocating
for policies that would:
a) Permit local municipalities to adopt reasonable restrictions on airport operations to
minimize the impact to local communities during noise-sensitive hours.
b) Provide state and federal incentives to transition to use of unleaded fuel.
a)c) Evaluate airspace along the Front Range to address flight safety and enhanced
airspace capacity while minimizing impacts to existing residential areas by aligning
flights activities over the most compatible land uses.
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University of Colorado
67.70. Provide a renewed commitment by the state and federal
governments to fund the University of Colorado and its capital
programs and student financial aid
The City of Boulder has been the proud home to the flagship campus of the University of
Colorado since 1876. CU Boulder brings to the city the Colorado Shakespeare Festival, the
Conference on World Affairs, the CU Concerts and Artist Series, CU on the Weekends,
Science Discovery camps, access to libraries, museums, athletic events, noncredit courses,
and numerous other social and cultural offerings, all of which significantly contribute to the
city’s economic vitality and cultural vibrancy. The university is not only a local institution,
but much of the supply chain is also largely local since the primary services delivered include
classroom instruction and research. Additional investments in the local economy include
operations, construction, student spending and visitation. The presence of CU Boulder’s
research facilities and the highly skilled labor force that the university produces compliment
the major federal facilities, support satellite institutions, and attract private firms to the
city. The university is also deeply connected to and supportive of the broader Boulder
business and entrepreneurial community. In light of its extraordinary importance, the city
will support state and federal legislation that provides a renewed attention to funding CU,
its capital programs (including its large, deferred maintenance backlog), and legislation that
supports student financial aid. The city will also support policies that result in increased
student housing and mental healthcare.
Water
68.71. Promote the efficient utilization and conservation of water,
and preservation of water quality
Boulder supports municipal water conservation, efficient utilization of water, and
preservation and improvement of water quality. Water conservation can be an important
public outreach and educational tool and, when used in conjunction with water supply
planning, can help meet the city’s adopted reliability criteria for municipal water supplies.
Although the first priority for conserved water is drought protection and the extent to which
the city can direct conserved water to any particular use is limited, some conserved water
can be provided for non-permanent uses such as annual agricultural leasing that supports
local agriculture within Boulder County or instream flow enhancement that supports
riparian habitat and provides other ecological benefits in the Boulder Creek basin.
Accordingly, Boulder will support legislation that promotes water conservation, instream
flow enhancement and the efficient utilization of water when such legislation is structured to
also be protective of the city’s water rights. By way of example, the city would support
legislation that would phase in a requirement that new indoor water fixtures (including
toilets, urinals, showers and faucets) sold in Colorado meet reduced flush volume
requirements consistent with the US Environmental Protection Agency’s WaterSense
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43
guidelines, provided that the legislation would not mandate retrofitting nor require local
governments to assure compliance.
Water quality is critical to the city’s water supplies and municipal water system, and as
such, Boulder will support legislation that promotes the preservation of water quality in a
manner that is not unduly burdensome on the operation of the municipal water system or to
rate payers. By way of example, the city will support the following:
a)Mandating incremental improvements in water quality that are supported by the
best available science and that consider holistic environmental impacts of
wastewater treatment, including potential increases in greenhouse gas emissions
and the generation of additional waste.
b)Addressing nonpoint source contributions of pollution into our water supplies and
watershed approaches to improving water quality.
c)Limiting the city’s liability under the Comprehensive Response, Compensation,
and Liability Act (CERCLA) for disposal of residual waste from water and
wastewater treatment that contains PFAS or other contaminants that the city did
not create.
a)Limiting the introduction of PFAS into waterways and the waste stream by
limiting the manufacture and sale of PFAS-containing products.
69.72. Protect against significant threats to the city’s water rights
The city’s water rights portfolio is arguably one of its most valuable assets and has been
developed over the past century in alignment with long-term water supply planning that also
considers the uncertainty of climate change impacts on water supply and demand. To the
extent that future bills significantly threaten the city’s water rights, both municipal water
supplies and water rights held for open space purposes, including but not limited to bills that
attempt to replace the jurisdiction of the water courts with state engineer authority or
change the prior appropriation system in a manner that is not protective of the city’s water
rights, to shift responsibility for augmentation from junior water users to senior water rights
owners, increase the reliability for junior water rights by decreasing reliability for senior
water rights, or threaten municipal water system or hydroelectric facility operations or the
continued historical use of water and irrigation practices on open space properties, they will
be opposed. Similarly, the city will oppose legislation that threatens the city’s water supply
infrastructure, including the operation and/or maintenance of irrigation ditches.
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Summary of Substantive Changes from 2023 Policy Statement Position Number Position in Short Proposed Change Rationale (if needed) Equity Considerations (if relevant) CLIMATE CHANGE AND COMMUNITY RESILIENCE 1(a) Hardening infrastructure against climate change Specified weather events and utilities of concern, and examples of how to build resilience (i.e., undergrounding, where feasible, proactive maintenance and prioritizing the correction of disparate reliability concerns). Utility maintenance has historically been neglected in lower income neighborhoods. The proposed revision to this position advocates prioritizing investments in these areas as a way of leveling the playing field. 3(i) Carbon sequestration Indicate support for carbon capture and storage technologies Carbon capture technologies can set up a vacuum‐and‐filter machine that pulls the ambient carbon into filters. Colorado is joining with other states to pursue carbon capture “hub” status, which might lead to grants, tax credits and industry investment. Colorado was already awarded a $32 million U.S. Department of Energy grant to pay for a carbon capture test well. More recently, Colorado also won a separate $3 million DOE grant to promote studies and marketing for a potential direct carbon capture hub. The negative impacts of the climate crisis have been shown to disproportionately affect developing countries, indigenous communities, people of color, and women. Carbon sequestration is one way to combat the crisis. Nonetheless, carbon capture technologies, can, if not thoughtfully deployed, destroy habitats, consume excess amounts of water, and increase seismic activity. The city will advocate for such thoughtful deployment. Item 3A - 2024 Policy Statement56Attachment B - Table of Proposed Substantive Policy ChangesPacket Page 59 of 79
Summary of Substantive Changes from 2023 Policy Statement 4 Reduce emissions from electricity sector Revise position to indicate support for: (a) preparing the grid for increased demands, (b) for distributed energy storage, (h)allowing communitiesto fully eliminate emissionsby 2030, (i) invest in andregulate emergingtechnologiesAs individuals transition from natural gas to electricity, it will place increased demands on the grid. 6 Beneficial electrification Revised position to focus on reducing emissions from the natural gas sector Included support for income‐qualified programs for natural gas conservation and efficiency programs 10 Energy efficiency Added support for energy affordability. Position allows city to advocate before the PUC to require utilities to revise and implement programs and services that reduce the energy cost burden for customers 11 Electric and efficient motorized vehicles and adoption Updated position to indicate support for: (c) new electric vehicle sales requirements (d) charging access and time shifting and (e) electric busses Advanced Clean Cars II is the CA regulation that targets 100% of new vehicle sales in 2035 to be electric. The Colorado EV Plan proposes a modified version of this ‐ ~80% by 2032 ‐ that is currently under consideration by AQCC. Colorado Clean Trucks is also under consideration by AQCC. Calls out support for expanding access to home charging for residents of multi‐unit dwellings, income‐qualified customers and disproportionately impacted communities Item 3A - 2024 Policy Statement57Attachment B - Table of Proposed Substantive Policy ChangesPacket Page 60 of 79
Summary of Substantive Changes from 2023 Policy Statement 12 Waste reduction and diversion efforts (a)Re‐introduce provisionof support for productstewardship, aka extendedproducer responsibility(e)Struck reference todata reporting(a)While legislative progress wasmade through passage of thecity‐supported HB22‐1355,program‐implementation willstill require approval in 2024by the General Assembly’sJoint Budget Committee.Moreover, there is still needfor additional legislation toexpand the coverage of thisprogram to other sectors ofthe economy.(e)Data reporting is consideredby advocates as a lowerpriority and not likely to beaddressed anytime soonthough legislation.13 Oil and gas industry Add “wetlands” to the areas of water quality concern The U.S. Supreme Court recently reduced EPA protections of wetlands under the Clean Water Act. ECONOMIC VITALITY Former 17 Opportunity zones Stuck provision Federal legislation created Opportunities Zones (OZs) in 2017. The state nominated eligible census tracts for consideration and the Treasury Department certified the final list of census tracts designated as OZs. The designation provides federal tax benefits to taxpayers who reinvest capital gains into qualified businesses, real estate Item 3A - 2024 Policy Statement58Attachment B - Table of Proposed Substantive Policy ChangesPacket Page 61 of 79
Summary of Substantive Changes from 2023 Policy Statement and other investments in the economically distressed areas designated as OZs. In Boulder’s OZ (Census Tract 122.03), we are not aware of any site selection, investment or redevelopment decisions that were based on the OZ designation or if property owners/investors were aware of or made use of the federal tax incentive. Irrespective, much of the opportunity to reduce the tax on reinvested capital gains has passed and OZ designations are set to expire in 2026. HOUSING AND LAND USE 19 Reform construction defect law New position in support of construction defect legislation. While specific bills are being promoted by the Home Builders Association (i.e., statewide warranty standard and delegable duties for design and trade professionals and a right to remedy with a right to remedy), Council’s Intergovernmental Affairs Committee thought it premature to lend support to these or any other New condominium construction in Colorado has plummeted over the past two decades, decreasing options for people looking for one of the most common types of entry‐level housing. Many see this resulting from laws that leave developers susceptible to costly lawsuits over things like leaks, concrete leveling and defective cabinetry, which in turn makes it too difficult and expensive to find insurers willing to underwrite condo projects. State law prevents builders from limiting buyers’ right to sue and spreads liability for any construction Item 3A - 2024 Policy Statement59Attachment B - Table of Proposed Substantive Policy ChangesPacket Page 62 of 79
Summary of Substantive Changes from 2023 Policy Statement specific ideas for legislation. errors among all the contractors and subcontractors who work on a project, even if they didn’t cause the defect. 22 Land use Minor revisions including referencing need to ensure cities have sufficient water to meet the needs of any mandated housing. Water service for increased densification will change system operations and has a cost (such as impacts to the water leasing program that subsidizes/supports local agriculture) and water operations that support in‐stream flow and riparian habitat. 23 Homelessness Revised to focus not only on reducing, but also on preventing homelessness, and to encourage not only funding for but coordination of efforts, and to replace term “temporary” with “transitional” 25 Reproductive freedoms Added more specific examples of privacy protections and indicated support for protections against harassment State law was enacted this year (SB23‐188) that protects people who travel to Colorado for abortion or gender‐affirming care from lawsuits and criminal prosecution initiated in other states. It also protects providers and people who assist patients from that prosecution. However, there is still need for federal law and additional state legislation, as specified in the new language. Item 3A - 2024 Policy Statement60Attachment B - Table of Proposed Substantive Policy ChangesPacket Page 63 of 79
Summary of Substantive Changes from 2023 Policy Statement HUMAN SERVICES/HUMAN RIGHTS 27 Immigration reform (n)Added support forallowing all State ofColorado employmentopportunities to Coloradoresidents regardless ofimmigration status.The Immigrant Legal Center of Boulder County is supporting legislation that relies on a new legal analysis identifying states to be exempt from federal immigration employment restrictions. Discussions are underway with CU, and a national consortium of universities, to pursue such opportunities should they become permitted by law. Depending on state definitional interpretations, employment opportunities may include those directly with the state, at state universities, and even at the county and city level. Immigrant community members are advocating for inclusion of all employment positions that fall within the new analysis. 34 Access to government benefits (d)Removed reference toTrump Administration’sPublic Charge rules.Under longstanding immigration policy, federal officials can deny entry to the U.S. to someone they determine to be a public charge. On September 9, 2022, the Biden Administration published new public charge inadmissibility regulations that reversed those implemented by the Trump Administration in 2019 that had newly considered the use of noncash assistance programs, including Medicaid, in public charge determinations. Under the final rule the government will not Item 3A - 2024 Policy Statement61Attachment B - Table of Proposed Substantive Policy ChangesPacket Page 64 of 79
Summary of Substantive Changes from 2023 Policy Statement consider use of noncash benefit programs, including Medicaid coverage when making public charge determinations. 35 People with disabilities New position Proposed by Council Member Friend and drafted in coordination with input from Disability Law Colorado MUNICIPAL COURTS 40 Municipal courts Indicated support for providing municipal judges authority to deny PR bonds when a defendant persistently fails to appear in court A 2019 amendment to state law (HB19‐1225) restricted the ability of municipal judges to issue monetary bonds for certain low‐level offenses. The proposal is to partially rollback the impact of that bill, as described. Staff submits this proposal in response to a request made by Council Member Wallach. PUBLIC HEALTH AND SAFETY 47 Alcohol and substance abuse Add support for local control to permit harm reduction centers The General Assembly’s Opioid and Other Substance Use Disorders Study Committee is considering introducing a bill that would allow a municipality to authorize and approve a pilot program that would establish a harm reduction center, which would have to meet minimum standards adopted by Item 3A - 2024 Policy Statement62Attachment B - Table of Proposed Substantive Policy ChangesPacket Page 65 of 79
Summary of Substantive Changes from 2023 Policy Statement rules of the Colorado Department of Public Health and Environment. 49 Prevent gun violence Struck reference to waiting periods and minimum age. Added references to support for new gun violence prevention measures expected to be considered by the General Assembly in 2024. State laws enacted in in 2023 raised the age to buy any firearm to 21 from 18, and made it illegal to sell any gun to someone younger than 21 (SB23‐169) and mandated a three‐day waiting period between buying and receiving a gun (HB23‐1219). REGIONAL ENVIRONMENTAL QUALITY, NATURAL RESOURCES AND PARKS 50 Clean air (e)Indicated support forreducing the use of gas‐powered landscapingequipment.TAX POLICY 56 Local control for tax policy Removed outdated references to specific policies and replaced them with overarching principles of protecting the city’s authority on tax policy matters. The state passed legislation in 2019 (SB19‐006) which created a GIS database and software to assist vendors in remitting sales and use taxes to Colorado local governments. It also creates a Sales and Use Tax System (SUTS) to serve as a one‐stop file‐and‐pay portal for remote sellers to use and the city is participating in the platform. Finally, the city has also adopted the standard definition for nexus, which includes the state’s threshold. Attachment B - Summary of Substantive Changes from 2023 Policy StatementItem 3A - 2024 Policy Statement63Attachment B - Table of Proposed Substantive Policy ChangesPacket Page 66 of 79
Summary of Substantive Changes from 2023 Policy Statement TELECOMMUNICATIONS 59 Preserve and expand benefit programs that help ensure that households can afford the broadband they need for work, school, healthcare and more. New position About 5% of city households currently benefit from a federally funded connectivity program that provides a discount of up to $30 per month toward internet service for eligible households. TRANSPORTATION 60 Transportation funding Clarified focus of position on infrastructure, rather than operations or service needs. Struck outdated references to 2021 policy changes, added reference to sources of revenue that the city would support (those tied to road usage). 61 Transit funding New position indicating sources of funding the city would support as well as how it would support those funds being used Legislation is expected to be introduced in 2024 that would identify new sources of transit funding Former 62 City authority to regulate use on sidewalks, paths and bike lanes Struck provision The facts and proposed policy described in this position are badly outdated. Staff is not yet prepared to propose new language. Item 3A - 2024 Policy Statement64Attachment B - Table of Proposed Substantive Policy ChangesPacket Page 67 of 79
Summary of Substantive Changes from 2023 Policy Statement 65 CDOT devolution of road maintenance to local governments Revised to remove outdated threat of devolution and to instead focus on encouraging greater local road maintenance by CDOT. 67 Vision Zero Action Plan (a)Remove reference toexpanding local authorityto use photo radar cameraspeed enforcement.(d)Added reference tosupport for fees on vehicleweight to fund “vulnerableroad user” enterprisesExpanded photo enforcement authority granted in 2023 through SB23‐200 There are one or two bills are expected to be introduced that would impose fees on heavier vehicles and have the revenues go toward improvements that protected vulnerable road users. 68 RTD governance Updated to include reference to service restoration and interest in changes that result in more partnerships through RTD’s local service councils 69 Local airports New position relating to noise and pollution impacts WATER 71 Water conservation and quality Struck outdated language related to support for a phased‐in requirement for more efficient indoor water fixtures. (a)This is in response to the newnutrient standards and other newstandards (temperature) that willresult in stringent permit limits.The city wants to ensure thatthose standards are a product ofa robust analysis of allItem 3A - 2024 Policy Statement65Attachment B - Table of Proposed Substantive Policy ChangesPacket Page 68 of 79
Summary of Substantive Changes from 2023 Policy Statement Also, added the following examples of water quality legislation city would support: (a)mandating incrementalwater qualityimprovements that factorholistic environmentalimpacts;(b)Addressing nonpointsource contributions;(c)limiting city CERCLAliability(d)Limiting PFASenvironmental impacts of treatment‐‐for example, building a cooling tower would result in increased carbon emissions, at least in the short‐term, and it's unclear to the city that the water quality benefit is enough to justify those emissions. This is anticipated to be considered in 2024. (c)Legislation has beenconsidered on this topic at thefederal level and will likelycontinue to be. EPA has stated acommitment to not go afterwater utilities when designatingnew hazardous waste sites thatcontain PFAS, but that is likely notdurable and does not account forthird‐party lawsuits. I wouldanticipate this will come up againat the federal level.(d)Recent state legislation waspassed relating to PFAS butwithout sufficient enforcementmechanisms. Water utilities areincreasingly talking aboutadvocating for source control(Denver Water is interested inthis, for example).72 Water rights Revised to explain in more detail the city’s interest in protecting its water rights Item 3A - 2024 Policy Statement66Attachment B - Table of Proposed Substantive Policy ChangesPacket Page 69 of 79
Summary of Substantive Changes from 2023 Policy Statement Item 3A - 2024 Policy Statement67Attachment B - Table of Proposed Substantive Policy ChangesPacket Page 70 of 79
C OVE R SH E E T
ME E T I N G D AT E
October 26, 2023
AG E N D A I T E M
C onsideration of a motion directing the city manager to proceed with the negotiation of an
agreement with a private party to deliver on Community Broadband objectives.
P RI MARY STAF F C ON TAC T
Don Mulvey, IT Deputy Director, 303.441.4359
Mike Giansanti, IT Deputy Director, 303.441.3047
RE Q U E ST E D AC T I ON O R MOT I ON L AN GU AG E
Motion directing the city manager to proceed with the negotiation of an agreement with a
private party to deliver on Community Broadband objectives.
AT TAC H ME N T S:
Description
I tem 3B - Community B roadband
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CITY OF BOULDER
CITY COUNCIL AGENDA ITEM
MEETING DATE: October 26, 2023
EXECUTIVE SUMMARY
The purpose of this item is for City Council to consider directing the city manager to proceed
with the negotiation of an agreement with a private party to deliver on community broadband
objectives. In 2018, City Council outlined an objective to ensure every home and business in
the City of Boulder was able to access state-of-the-art fiber-based broadband internet services
offered at an affordable price. Today, five years later, this Council has an opportunity to set
the direction for staff action in fulfilling that objective, following the completion of a city-built
fiber backbone.
As presented in the August 24, 2023 Council Study Session, staff outlined three broad options
to offer affordable fiber-based internet to every home and business in Boulder. They are:
•A municipal internet utility
•A shared-equity public-private partnership
•A lease of city-owned backbone assets + right of way (ROW) agreement with a
private partner
Given the significant cost, high risk, and long expected time-to-market of the first two options,
staff has recommended the city proceed with the third option. This approach, like the first two,
promises to meet the goals of citywide access, equity & inclusiveness, future-oriented, net
AGENDA TITLE
Consideration of a motion directing the city manager to proceed with the negotiation of
an agreement with a private party to deliver on Community Broadband objectives.
PRESENTERS
Nuria Rivera-Vandermyde, City Manager
Mike Giansanti, Deputy Chief Innovation & Technology Officer
Kara Skinner, Chief Financial Officer
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neutrality, competitive marketplace, and consumer privacy, while also minimizing cost and
risk to the city and reaching customers the fastest. Additional details can be found in the
August, 24, 2023 City Council Study Session memo.
Ultimately, while a municipal internet utility or a shared-equity public-private partnership
would yield more city control over retail and go-to-market strategies, these options would
impose significant debt that is unsupportable by program generated revenues. Assuming a
market-rate retail price, a municipal internet utility is estimated to require an average annual
General Fund subsidy of $14 million to cover operating costs and debt service during the 25-
year debt-service period. This $14 million is in addition to $1.3 million of General Fund
support through 2039 to service city-owned dark-fiber backbone debt.
A third-party backbone lease and ROW agreement to build a fiber-to-the-premise (FTTP)
network that serves homes and businesses would come at very low cost to the city and
introduces the competition the Boulder retail internet market needs. This competition is
expected to improve and stabilize service rates, increase incumbent firm investments in
infrastructure, and provide choice to the 64% of Boulder households who currently have only
one option in internet service provider. This option also does not preclude the city from taking
other potential future action, in the form of soliciting additional private providers or entering
the market as a municipal internet utility.
STAFF RECOMMENDATION
ANALYSIS
In 2018, City Council outlined an objective to ensure every home and business in the City of
Boulder was able to access state-of-the-art fiber-based broadband internet services offered at
an affordable price. Today, five years later, this Council has an opportunity to set the direction
for staff action in fulfilling that objective, following the completion of a city-built fiber
backbone.
As presented in the August 24, 2023 Council Study Session, staff outlined three broad options
to offer affordable fiber-based internet to every home and business in Boulder. They are:
•A municipal internet utility
•A shared-equity public-private partnership
•A lease of city-owned backbone assets + right of way (ROW) agreement with a
private partner
During the August 2023 study session, staff described each approach, and presented detailed
budget analysis of a municipal internet utility, feedback from a statistically-valid community
Suggested Motion Language:
Staff requests council consideration of this matter and action in the form of the following
motion:
Motion directing the city manager to proceed with the negotiation of an agreement with a
private party to deliver on Community Broadband objectives.
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survey, community focus groups, and an evaluation of the options with the city’s objectives
for the project.
Staff recommends proceeding with the option of a lease of city-owned backbone assets + right
ROW agreement with a private partner. The reasons for this are as follows:
As outlined in the 2024 City Manager’s Proposed Budget the city has significant underfunded
or unfunded needs in the General Fund. If the city were to implement a municipal internet
utility there would be, on average, $14 million less in the General Fund (or through additional
taxing capacity) annually to meet these already unfunded needs. These needs include $16.2
million of core operational needs, $10.5 million in enhancements of existing programs /
services, $2.3 million of new investments based on established policies / plans, and $0.8
million in new investments to meet emerging needs. Specifically, these include:
• Increased maintenance of buildings to meet Facilities master plan goals ($3 million)
• Additional affordable housing fund support ($1 million)
• Fire master plan / EMS implementation ($1 million)
• Parks maintenance to meet master plan goals ($4.1 million)
• Extending / expanding human services ARPA programming ($2.9 million)
• Implementation of the Reimagining Policing Plan ($1.6 - $2.5 million).
City staff, with the expertise of several industry subject matter experts, highlights that with the
proper ongoing city oversight and well negotiated economic and non-economic terms this
model will also be the lowest cost option for individuals and families across the city. With this
option households pay the retail cost of internet alone. If the city were to implement a
municipal internet utility households would pay the retail cost of internet AND shoulder the
burden of funding an additional $14 million in annual subsidy for 25 years. Given the
unfunded needs, it is unlikely the General Fund could absorb this level of subsidy and an
increase in taxes would be required. If this took the form of a sales tax increase, it would raise
the total local sales tax rate by 0.3% to 9.345%, nearly 2.4% above the state average. These
same taxpayers would also assume the risk of the city nearly doubling its total debt
obligations.
A third-party backbone lease and ROW agreement to build a fiber-to-the-premise (FTTP)
network that serves homes and businesses would come at very low cost to the city and
introduces the competition the Boulder retail internet market needs. This competition is
expected to improve and stabilize service rates, increase incumbent firm investments in
infrastructure, and provide choice to the 64% of Boulder households who currently have only
one option in internet service provider. This option also does not preclude the city from taking
other potential future action, in the form of soliciting to the city additional private providers or
entering the market as a municipal internet utility.
Responses to questions from 8/24/2023 Study Session
During the August 24, 2023 study session, staff requested from council any additional analysis
or questions needed prior to final policy direction on the approach. Those items are outlined
below with the information requested. Also, links to all prior public memos and meeting
summaries are included as links in the Attachment section.
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1. Has the community sufficiently weighed in on the Fiber-to-the-Premise (FTTP) path
forward and is there a misconception that the city has already committed to creating a
municipal internet utility?
Over the last year, city staff conducted significant work to engage with the community. The
purpose of the community engagement was to (1) inform the community about the status of
the Community Broadband project, (2) to understand community and stakeholder priorities
for internet quality, price and access, and (3) to assess community perspective on the city’s
role in providing internet service. This project’s engagement plan was supported by a
project-based Racial Equity Instrument. It included a discussion with City of Boulder
Community Connectors-in-Residence, a statistically valid community survey, business
community focus groups, input received via BeHeard Boulder, discussions with owners,
property managers, and resident representatives from the city’s five manufactured/mobile
home communities, and discussions with the city’s two incumbent residential wired internet
providers, Comcast and Lumen.
From this in-depth engagement, staff concludes that there is some anecdotal interest in a
municipal internet utility but there is equal, if not more, anecdotal evidence that community
members believe providing internet is not a core competency of the city and thus it should
be left to a partner. There is statistically valid evidence that 60.5% of residents are interested
in the city providing internet services either by itself or through a partnership. There is also
formalized desire by constituents and Council to invest city resources in other unfunded
priorities, as outlined in the Analysis section above. Thus, to achieve the community’s
desire for city involvement in the retail internet market and to balance other un- and
underfunded needs, the most balanced path forward is through partnership.
While the specific question of ‘how’ the city should be involved was not asked in a
statistically valid way, staff believe it can be inferred using the logic above. However, if it is
Council’s desire to conduct additional engagement in a statistically valid way, staff can do
so. Given that this type of inquiry carries a cost and that it will not change that the city
cannot afford a municipal internet utility without a significant sales tax increase approved
by the voters – this is not recommended at this time.
Lastly, staff believes that the previous Council action to construct backbone infrastructure,
not a FTTP network, was clearly stated in the 2019 Council meeting summary, reported on
by local media outlets, and outlined on the city website. However, staff recognizes the need
for clear communication as the city moves into the new phase of the program with press
releases and information in the community newsletter – additional details are provided
below, in Question 2.
2. Clarify how the community is receiving information about what the city is doing
related to broadband.
Last 12 months: Communication has included regular website updates, multiple press
releases at various stages of work, two study sessions with City Council, and the numerous
engagement activities outlined in Question 1.
Next 12 months: Staff plans to continue robust engagement activities over the following
year. These include a printed article in the next community newsletter, a series of press
releases, and direct user group engagement around Design & Construction Standard
updates.
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3. Provide additional information related to the municipal internet utility financial
analysis, including: (i.) broader revenue sensitivity analysis on take rate – specifically
if 60% take rate is achieved, (ii.) outline assumptions around lateral and customer
premise equipment cost/revenue strategy – specifically inquiring into NextLight’s
strategy, (iii.) modeling a slower build to potentially ease the debt burden.
(i.) If 60% take rate is achieved, holding all other assumptions constant, the average annual
General Fund subsidy required to maintain financial viability is $10 million.
(ii.) The assumed business model would be to include the costs of drops and customer
premise equipment in our variable customer acquisition cost to distribute the service to a
new premise – these costs would not be directly charged to the premise owner. This model
reduces barriers to entry for new customers which is beneficial both to the customer and to
the internet utility. This is in line with what other municipal internet utilities and privately
owned/operated utilities in the region do, including Longmont’s NextLight.
(iii.) A slower build also means pushing back revenues as subscribers can only sign up once
their homes are connected. The net effect on the business case is negative, as the internet
service provider, the city in this case, would continue to carry a large fixed operating cost
which it now has to spread over a smaller pool of customers. The idea of pushing back the
roll out to reduce/eliminate the required subsidy would only work if the reduced scope’s
business case were positive. In that case, the city would be able to use some of the yearly
excess cash flows to reinvest in further expansion. Unfortunately, that is not the case here as
even the full buildout isn’t able to fully recover its cost without subsidy.
4. Provide additional examples of success and challenges around the model of leasing
publicly-owned fiber and conduit assets to private providers who supply retail internet
services.
The concept of leasing public dark fiber or conduit assets is not a new one and there are
multiple municipalities/municipal utilities doing this across the US. One of the first was
Palo Alto, CA who has leased dark fiber to businesses and service providers across their city
for decades. They have a very healthy “fiber fund” but never put together a proposition that
brought ubiquitous FTTP. This summer they have settled on an approach that will use their
original dark fiber backbone as the starting point for a FTTP network.
The City of Centennial, CO completed their backbone build at the end of 2018 and lease
dark fiber to providers, businesses, anchor institutions and other districts such as schools.
They lease backbone dark fiber to Ting who then invested in distribution and access fiber
across the city. City estimates are around 35-40% for residential fiber connectivity and they
have a very high satisfaction rate for internet services amongst city residents. Their early
goal for dark fiber leasing was to attract a “partner” such as Ting to build FTTP whilst
creating enough lease revenue to cover annual operational costs of the dark fiber backbone.
It’s important to state that this is not a PPP or a close partnership with Ting – it’s simply a
lease agreement so they have little influence over Ting on where they build, when they
build, and retail pricing options.
Colorado Springs Utilities (CSU), the public utility for Colorado Springs, CO will build and
own a fiber network to all premises across the City. Ting has already confirmed their
presence as an anchor tenant with rumors of a $600M commitment to CSU, who claim they
will be finished with their build outs by the end of 2028. This will be a lease agreement, but
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to the premise, not just a backbone. This is because, as a utility, they want to have premise
connectivity for current utility purposes (Automatic Meter Reading) but also for future
utility use cases. CSU intends to lease their fiber infrastructure to others in addition to Ting
for both residential and business services, but no other lease transactions have been made
public.
As it relates to Boulder, there are good indications that the city can lease the backbone to a
provider who would then then invest in a FTTP network and offer retail internet services.
The core challenge will be determining the most appropriate terms of the lease. The City
must decide if it wants to lease with the goal of obtaining revenue against the capital costs
of the backbone, or if it wants to use the backbone as a tool to negotiate with a partner to
ensure city outcomes and policies towards broadband are met. It is likely not realistic to
achieve both. This is a determination city staff will make with any Council input as it refines
negotiation strategy.
5. What are the non-economic terms the city may be able to negotiate for in a
backbone lease agreement?
These can be determined based on the policy goals outlined above. They may include but
are not limited to:
- Guarantees for full FTTP offering over a certain time horizon
- Fiber duplication. It is difficult and expensive to build in Boulder. Obtaining parallel
fiber where the partner builds would be quite valuable - not for competition but for
the option of serving city services (e.g., Intelligent Traffic Signals (ITS), future city
connections, smart city application and services).
- Partnership on connecting manufactured home sites, affordable housing sites, and
other underserved affordable housing locations
- Retail price guarantees and specific service options
- Public Wi-Fi
6. What are the revenue and backbone allocation estimates that Council could expect
from a backbone lease to an “anchor tenant” providing retail internet services?
Rates are driven by both the competitive landscape and the type of fiber – long haul, metro,
or rural. Boulder’s backbone is ‘metro’ fiber. Competitively, Zayo has a dominant position
in the Boulder business market and now owns a parallel network to Boulder’s backbone.
Regarding specific rates, the closest benchmark is Centennial, CO - similar competitive
landscape with ‘metro’ fiber. Centennial’s approach is to use the backbone as a basic lease
option accepting that they had little to no influence over what Ting, the internet service
provider, does within the local market. If Boulder expects to receive non-economic terms
then the lease rates would likely not be as rich or possibly have no direct monetary value.
Disclaimer: these rates should be considered only for directional purposes as specific rates
and terms would be pending city review and negotiation. As an example: Centennial offers a
20-year lease for a complete “buffer tube” (12 fiber strands) at a price per fiber pair per mile
of $2,500. Boulder’s backbone has 51 miles (excluding laterals) and thus, assuming those
rates, could expect a 20-year lease amount of $765,000 if a partner were to lease 1 “buffer
tube” along the entire backbone. This would represent 2.8% of the total dark fiber capacity
in one of the city’s two conduits.
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7. What are some of the indirect costs Council should consider related to shallow
trenching?
Council will have an opportunity to weigh in on the adoption of any changes to the Design
and Construction Standard that would allow shallow trenching. Staff are kicking off a study
in October to begin the process of developing a draft standard. The city’s Transportation
Advisory Board and Planning Board will both review the proposed standard to understand
its potential impacts to transportation, forestry, and other city assets before it is brought to
City Council for adoption.
8. What is the term limit a least of city-owned fiber or conduit assets?
The city Charter caps lease terms at 20 years unless Council specifically authorizes a longer
period. Charter Sec. 111. The Charter provides that a lease may exceed 20 years – and be up to
30 years – if (1) two-thirds of all council members consent, and (2) Council finds the tenant will
make significant improvements and that Council finds it provides a public benefit.
The B.R.C. expands upon the requirements to authorize a lease beyond 20 years. The
requirements include that (i) the lessee must provide certain information to Council; (ii) that the
lease be presented to Council and contain certain proposed terms; and, (iii) the factors to be used
by Council in determining whether the long-term lease is authorized. Sections 8-10-2 and 3,
B.R.C.
9. What are the opportunity costs of not creating a municipal internet utility?
By not investing in a municipal internet utility, the city won’t have control or impact to
premises as it doesn’t own the actual connection, but as explained earlier, there are other
ways to try and obtain that.
NEXT STEPS
Assuming Council passes the proposed motion, staff will begin an estimated year-long process
to identify a partner(s) and negotiate terms of a backbone lease and right of way agreement.
We could expect network design work to begin as early as late 2024 and construction and
service delivery in 2025 or 2026.
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ATTACHMENTS
Find materials from all prior Council sessions related to the matter below:
• August 24, 2023 City Council Study Session
• January 12, 2023 City Council Study Session
• August 6, 2019 City Council Decision Making Meeting
• April 23, 2019 City Council Decision Making Meeting
• June 12, 2018 City Council Decision Making Meeting
• May 8, 2018 City Council Study Session
• January 9, 2018 City Council Study Session
• May 25, 2017 City Council Meeting
• April 18, 2017 City Council
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