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Environment Colorado Fall Report 2005

Legislative Update


Super Slab Stopped
One of the hotly debated issues of the 2005 legislative session, the “Super Slab” proposed private toll highway on the Eastern Plains, remains unresolved after Gov. Bill Owens vetoed two bills aimed at curbing the proposal. But strong opposition from Environment Colorado and a coalition of citizen groups on the Eastern Plains have stopped this proposal in its tracks.

House Bill 1342, championed by Environment Colorado and introduced by Rep. Jack Pommer, would have required the builder to follow the same planning and environmental review process used for federal highway projects. Senate Bill 230, introduced by Sen. Tom Wiens, would have clarified any private road developer’s power to condemn private property.

“With these vetoes, Gov. Owens has put the interest of one wealthy highway developer over the will of the Legislature and the people of Colorado,” said Will Coyne of Environment Colorado. “Gov. Owens seems to be the last and only friend of the Super Slab.”

During this year’s legislative session, thousands of residents flocked to the Capitol to attend long and heated public hearings about the project.

Urban growth boundary defended
Environment Colorado and its allies celebrated victory after successfully defending the Urban Growth Boundary around the Denver Metro Area during the update process to MetroVision 2030, the regional growth plan. Despite attempts by developer interests and some local governments to expand the boundary, the Denver Regional Council of Governments (DRCOG) voted on January 19 to preserve the boundary at 750 square miles.

“The urban growth boundary is an essential policy for encouraging smart growth in the Denver area,” said Will Coyne, Environment Colorado’s land use advocate. “As a result of this regional agreement to promote smart growth, Denver area local governments will protect more open space and build more livable communities.”

The urban-growth boundary was created with the original MetroVision plan in 1997. To come up with the boundary, DRCOG asked cities how much space they would need over the next 25 years and conducted modeling based on growth rates and other factors. DRCOG’s modeling showed that the region could limit growth to 750 sq. miles if individual local governments promoted smart growth. The 750 square mile limit will be significantly less than the 1100 square miles the region would reach if each municipality built out to their limits.

Looking forward to the 2006 legislative session
In January, the Colorado state Legislature will begin a new session. Here’s a look back at 2005 and look forward to 2006.

2005 was a banner year for Environment Colorado’s Legislative program. A flurry of conservation bills were passed through both chambers of the legislature, though a majority were later vetoed by Gov. Owens. In 2006, Environment Colorado will be working to gain support for several measures vetoed by Gov. Owens last session.

Successful legislation signed into law included a bill to create a fair process to evaluate Colorado’s national forest areas for permanent protection in the face of recent federal rollbacks (see front page story) and legislation to facilitate the implementation of Amendment 37 and ensure that Colorado is on track to meet the goal of 10 percent renewable energy by 2015.

“In vetoing this legislation, which would have lowered energy consumption without altering anyone’s lifestyle, the governor turned a win-win policy for consumers and the environment into a loss for all,” noted Environment Colorado Energy Advocate Stephanie Bonin.

Clean Air & Energy In 2005, the Legislature passed two energy efficiency measures for the first time since the 1970s. One would have required that a set of commonly used appliances meet certain energy efficiency standards; the other would have given Xcel Energy and Aquila incentives to create natural gas programs to save residential consumers money on their electric bills. Despite support from a broad coalition of business, consumer, and conservation groups, both bills were vetoed.

Environment Colorado will work to pass both energy efficiency bills again in 2006 as well as legislation to expand the use of renewable energy throughout the state and reduce mercury pollution by incentivizing the recycling of parts made with toxic mercury.

Land Use & Transportation Last session, Environment Colorado helped lead a coalition to stop the “Super Slab” – a proposed private toll road east of I-25. The coalition stopped a bill that would have taken away local decision making power over proposed private toll roads. Subsequently, the coalition worked to pass two proactive bills to establish an environmental review process for private toll roads and clarify that private toll road developers do not have the power of eminent domain, respectively. Both bills sailed through the Legislature with minimal opposition only to be vetoed by Gov. Owens. This session we will continue working to protect these areas.

Environment Colorado is also working on legislation to discourage sprawling developments throughout the Front Range.

One proposal would allow communities to decide how they want to grow by making master plans enforceable. Another proposed bill would enable school districts to assess impact fees to developers to help pay for the cost of capital construction for new school facilities.

To stay updated on these bills’ progress during the legislative session, join Environment Colorado’s e-mail list at www.environmentcolorado.org.

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