For the second year in a row, the sounds of Cinco de Mayo echoed into the Capitol as lawmakers toiled on a Saturday to find common ground on proposed reforms to state land use and property tax policy.
The 120-day legislative session ends Wednesday, and lawmakers are still wrestling with some of the marquee proposals of the session, though with some breakthroughs on issues that had threatened to chew up valuable time — while other potential hot spots emerged.
The Senate passed Saturday a significantly narrowed ban on minimum parking requirements, one of the proposed land use reforms that emerged from the failure of last year’s omnibus proposal. The original bill had aimed to ban parking minimums throughout many of Colorado’s cities and suburbs. To tone down opposition, sponsor Sen. Nick Hinrichsen, a Pueblo Democrat, limited the ban just to areas along transit corridors. (Senators also ribbed Hinrichsen by offering an amendment that would remove his parking spot at the Capitol.)
“It will save a lot of money for builders, and they’ll be able to offer more product in the form of affordable housing, to actually build housing, as opposed to building parking and housing for folks that don’t necessarily want any parking,” Sen. Kevin Priola, a Henderson Democrat and bill sponsor, said.
The proposal, House Bill 1304, will now need to return to the House for reconsideration. Meanwhile, two other major land use proposals — one to boost the number of accessory dwelling units through the state and another to increase density along transit corridors — still need to formally pass the Senate after passing the House. Some senators have raised concerns about both as possibly stepping on local control.
Meanwhile, lawmakers negotiating a proposed long-term reform to property taxes continued to run around the Capitol to find a deal in the waning days. It needs to be introduced on Monday at the latest to have enough time to clear the building before the end of the regular session — and stave off another potential special session on property tax.
In addition to filling a gap in tax policy left by the repeal of the Gallagher Amendment and giving property owners a break on rising property taxes, they’re trying to head off ballot initiatives that would severely cap property tax collections. Backers of the initiatives argue it’s about keeping the government from growing faster than paychecks and keeping homeowners solvent. But state officials, including some elected Republicans, warn it would lead to draconian cuts to state and local government services.
Parties on all sides of the negotiation say they’re closing in on a deal, but it is still being tuned — and not guaranteed.
“We’re pushing really hard,” said Dave Davia, president of Colorado Concern, a business group backing some of the initiatives, adding that they’re hoping for a legislative solution.
Other priority bills for Democratic leadership continued apace Saturday.
The Senate formally passed a pair of bills to reduce emissions from oil and gas production and levy a per-barrel fee to pay for transit and wildlife habitat. The bills were introduced this week to ease simmering tensions between environmental groups, legislators and the industry and end dueling legislation and ballot initiatives affecting the industry. They will now go to the House for consideration.
Another bill, to put a 6.5% excise tax on guns and ammo in Colorado, also cleared a key Senate committee after concerns about its movement through the chamber boiled over into the public. The tax would raise an estimated $39 million a year and go to victim services and behavioral health programs.
The Democratic Women’s Caucus of Colorado publicly accused Sen. Kyle Mullica, a Thornton Democrat, of holding up the bill and threatening to kill it. He called the letter full of “falsehoods” and said the bill was merely going through standard amendment negotiations. He praised advocates and bill sponsors before voting yes on the bill in committee.
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Meanwhile, the amended bill raised the hackles of Sen. Kevin Van Winkle, a Highlands Ranch Republican, because it removed school security as a possible use for the excise tax. He promised “vigorous” debate on the Senate floor if it isn’t replaced — a potent threat as lawmakers race against the Constitutionally required end of the session.
Voters will also have the chance to remove defunct language in the Colorado Constitution defining marriage as between a man and woman, after the House approved a referred measure Saturday. It already cleared the Senate. Referred measures to amend the state Constitution need at least two-thirds support in each chamber to pass. It passed with bipartisan support in the Senate, but near party lines in the House, where Democrats hold a supermajority.
The proposed amendment would remove a ban approved by voters in 2006. It has been unenforceable since 2015, when the U.S. Supreme Court legalized same-sex marriage nationwide with its ruling in Obergefell v. Hodges. A majority of voters will need to approve the proposal this November for it to take effect.
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