Opinion: A lot of work at the state Legislature


Both of the announced candidates to replace term-limited State Rep. Claire Levy have asked me what I thought were the pressing state issues. It’s always nice to be asked for one’s opinion, but the more I thought about it, the longer the list has become. Here’s an abbreviated version:
Roads and Schools – The proposed 0.7-cent state sales tax for transportation is exactly the wrong way to go. The legislature needs to impose statewide impact fees on new development to fund all new capacity needs, whether roads or transit. For the small remaining deficit, which is mostly maintenance costs, do some form of user fee (gas tax and/or VMT tax), as it is the most equitable and efficient. The proposed statewide school tax increase only addresses operating costs. So put impact fees in place to raise the money to build the new schools for the millions of additional residents expected over the next decades; that way existing residents don’t have to pay over and over. And get rid of the 2001 capital-projects-only restriction on locally imposed impact fees, so that cities and counties can fund transit appropriately.
Energy Regulations – Clean up the Renewable Energy Standard law so that 30 percent actually means 30 percent by getting rid of all the multipliers that inflate the percentages. Set the same percentage standards for investor-owned utilities (IOUs), muni’s and REA’s, but give full credit for hydro just like wind and solar. Put in place a “carbon tax” or fee, so that utilities pay for the externalities of fossil fuels, and include fugitive methane from gas wells and coal mines, a big unaccounted impact. Escalate the tax over time, and rebate it so it’s revenue neutral.
Franchises and Municipalization – Because there is no real market, replace the current “market price” for condemnation of distribution systems with the depreciated value minus deferred maintenance; that’s all the IOUs have in it, so it’s all they should get back. Give undergrounding money to all areas, not just cities with franchises; all the utility’s customers are paying, so all should get it. Get rid of pass-through franchise fees; if an IOU wants a 20-year exclusive contract, they should pay for it out of their profits.
Fracking – Require “Best Available Technology” and “Best Practices” for all drilling, full disclosure of fluid ingredients, and wide setbacks and restrictive height and noise limits. Increase the number of inspectors by multiples (there are only 15 for 51,000 wells!) and impose treble damages for all violations, as well as requiring 100 percent mitigation. Immediately shut down any well that leaks methane, a very potent greenhouse gas. Appoint citizens, not drillers, to the Colorado Oil and Gas Conservation Commission.
Insurance – Allow homeowners whose dwellings are destroyed by fires, floods or tornadoes to collect the maximum amount they paid for minus the value of what’s remaining, rather than only getting paid for what is gone and therefore impossible to accurately value. That way homeowners receive enough to actually cover their losses plus their time spent replacing their home, records, etc. Implementing “pay-at-the-pump” insurance for mandatory auto liability and property damage will end the uninsured motorist problem, and charging for insurance based on usage will provide an additional incentive to use alternative modes of travel.
State Processes – Provide some real protection for initiated legislation, so that the incentive for initiating constitutional amendments is reduced, and issues like marijuana could be dealt with more flexibly. Have a directly elected Citizens Utility Board, as in Oregon, so there is at least some representation in the current Byzantine and sometimes closed-door PUC processes. Fix the foreclosure laws so that the recently documented attorney rip-off isn’t repeated. Define “matters of statewide concern” more restrictively, so that home rule cities aren’t wondering if the state will arbitrarily invalidate their laws, as happened to Telluride over their rent control ordinance.
TABOR, Fees, and Voting – Propose amendments to TABOR, so that it only requires votes on taxes and debt, and no longer has the automatic ratchet-down on spending. Actually define what are taxes versus what are fees, so that cities will know requires a citizen vote versus what doesn’t. Amend the constitutional to allow charges on motor vehicle use to go to fund transit and other alternative modes that help relieve auto congestion. Institute open primaries with preference voting; the combination will really help reduce extremism.
Please feel free to send me your list!


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