Skip to main content
Colorado General AssemblyToggle Main Menu
Agency NameToggle Agency Menu

S_LG_2017A 03/21/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON LOCAL GOVERNMENT

Date: 03/21/2017
ATTENDANCE
Time: 02:02 PM to 03:34 PM
Crowder
X
Donovan
X
Place: SCR 354
Kefalas
X
Gardner
X
This Meeting was called to order by
Martinez Humenik
X
Senator Martinez Humenik
This Report was prepared by
David Beaujon
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB17-1198

HB17-1193
Referred to the Committee of the Whole

Amended, Referred to the Committee of the Whole



02:03 PM -- HB 17-1198



Senator Gardner, prime sponsor, discussed the provisions of House Bill 17-1198 concerning increasing special district boards. The reengrossed bill allows a special district with a five member board of directors (board) to increase to seven board members. To increase the special district board to seven members, the board must hold a public meeting and adopt a resolution. The adopted resolution must then be filed with the county or municipality that approved the special district's service plan which has 45 days to notify the special district board if the board member increase is considered to be a material modification to the service plan. If the special district board is not notified by the county or municipality within 45 days, the board can then file the resolution with the clerk of the district court for an order establishing the number of board members. This court order must be filed with the county clerk. The bill also specifies the process for filling the two additional board positions. Any special district that increases to seven board members is not allowed to decrease the board to five members.



The following person testified on the bill:



02:05 PM --
Evan Goulding, representing the Special District Association of Colorado, testified in support of the bill and explained that a statutory amendment is necessary to allow an existing board to increase from five to seven members. He added that more members are needed in larger special improvement districts in order to provide full representation. He also responded to questions from the committee about the bill, compensation for district board members, and the process for forming a special district.





02:19 PM



The chair closed testimony, and Senator Gardner closed his remarks on the bill.

BILL: HB17-1198
TIME: 02:19:46 PM
MOVED: Gardner
MOTION: Refer House Bill 17-1198 to the Committee of the Whole. The motion passed on a vote of 4-1.
SECONDED:
VOTE
Crowder
No
Donovan
Yes
Kefalas
Yes
Gardner
Yes
Martinez Humenik
Yes
Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS



02:21 PM -- HB 17-1193



Senator Kerr and Senator Tate, co-prime sponsors, discussed the provisions of House Bill 17-1093 concerning small cell facilities permitting and installation and distributed Amendment L.006 (Attachment A). The reengrossed bill permits the use by right of small wireless service infrastructure, or "small cell facilities," in any zone — specifically on a local government entity's light poles, light standards, traffic signals, or utility poles in the rights-of-way, but not on any structure with tolling collection or enforcement equipment attached. The bill also clarifies that the right-of-way access available to telecommunications providers extends to broadband providers and includes small cell facilities. Service providers may utilize the expedited permitting process established for broadband facilities when applying to build small cell facilities. A local government must process a single or a consolidated application for a small cell facility within 90 days after receiving a completed application. Local governments are prohibited from creating preferences or disadvantages to any provider in granting or withholding permits. In addition to other permitting fees, local governments may assess a one-time per structure fee to providers in exchange for granting permission to attach small cell facilities in the right-of-way and owned by the local government. An exception to this process is made for micro wireless facilities installed on suspended cables between existing utility poles, for which a local government entity may require only a traffic permit, if necessary.



170321 AttachA.pdf170321 AttachA.pdf



The following persons testified on the bill:



02:27 PM -- Benjamin Aron, CTIA, testified in support of the bill and explained that CTIA is a wireless industry trade association. Mr. Aron responded to questions from the committee about 5G wireless technology including its deployment and installation.













02:44 PM --
Patrick Fucik, Sprint, testified in support of the bill and provided a written summary of his testimony (Attachment B).



170321 AttachB.pdf170321 AttachB.pdf



02:47 PM --
Joe Ruggiero, Verizon, testified in support of the bill and responded to questions from the committee about the bill.



02:54 PM



Senator Donovan moved to refer the bill to the Committee of the Whole and Amendment L.006.



02:56 PM -- Jonathan Fitzhugh, ConcealFab Corporation, spoke in support of the bill and identified communication technology manufactured and installed in certain localities across the country. He also distributed a booklet that identified telecommunication equipment sold by his company (Attachment C).



170321 AttachC.pdf170321 AttachC.pdf



03:00 PM --
Amy Redfern, CompTIA, spoke in support of the bill.



03:07 PM --
Russell Sarazon, T-Mobile, testified in support of the bill.



03:09 PM -- Kevin Bommer, Colorado Municipal League, explained that his organization is neutral on the bill and discussed the bill drafting process. He also discussed the role of local governments in the citing of telecommunication facilities and spoke in support of Amendment L.006.



03:19 PM --
Ken Fellman, Colorado Communications and Utility Alliance, explained his organization is neutral on the bill and discussed current law concerning the citing of telecommunication facilities. He also discussed the bill drafting process and spoke in support of Amendment L.006.





03:29 PM



The chair closed testimony, and Senator Kerr discussed the provisions of Amendment L.006. Senator Tate and Senator Kerr closed their remarks on the bill.

BILL: HB17-1193
TIME: 03:30:35 PM
MOVED: Donovan
MOTION: Adopt amendment L.006. The motion passed without objection.
SECONDED:
VOTE
Crowder
Donovan
Kefalas
Gardner
Martinez Humenik
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL: HB17-1193
TIME: 03:33:07 PM
MOVED: Donovan
MOTION: Refer House Bill 17-1193 to the Committee of the Whole, as amended. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Crowder
Yes
Donovan
Yes
Kefalas
Yes
Gardner
Yes
Martinez Humenik
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS



03:34 PM



The committee adjourned.




The House of Representatives and Senate will not convene on Friday, May 27 and Saturday, May 28

COVID-19 Resources

Written Testimony and Witness Sign-up