In 1993, the Colorado General Assembly passed CRS 25-17-104, a statewide preemption on local government ability to prohibit certain types of plastic products within its political subdivision. In recent years local governments have come under increased pressure by their constituents to pass ordinances that prohibit or limit certain types of plastic products due to their environmental impact both inside an outside their community.
This year, CML has requested and received executive board approval for CML initiated legislation to remove this preemption and give local governments the ability to manage their local landfills in a manner that is consistent with their own long-term goals and values.
SB 19-034 allows local governments to set a standard for a retail food establishment's use of ready-to-go food containers that may be discarded through recycling or composting. While this legislation does offer an exception to the statutory preemption it does not remove it entirely. CML will be supporting a full statutory repeal.
SB 19-032 expands the petitioning authority to the Colorado State Patrol for HazMat route locations to include public highway authorities and or the governmental entity in a public private partnership. The legislation also requires CDOT to conduct a feasibility study on the safe transport of HazMat material through the Eisenhower-Edwin C. Johnson Memorial Tunnel.
A draft of this legislation was originally brought before the Transportation Legislative Review Committee (TLRC) last summer and was defeated by CML and other stakeholders due to significant local preemption issues. However, SB 19-032 is a much improved version of the legislation than was brought forward in 2018 and removed many of the specific issues we had with the original proposal. CML is currently reaching out to stakeholders to make sure our impacted municipalities are comfortable with the legislation before taking a position. We will continue to keep you updated on this legislation going forward.
SB 19-051 increases the amount of transportation funds appropriated under SB 18-001 in 2019 from $150 to $340 million. The bill increases the state's HUTF portion for transportation funding from $105 million to $266 million and the local government HUTF allotment from $22.5 million to $51 million. The bill does not increase funding for multimodal infrastructure improvements.
CML has consistently made funding for municipal transportation infrastructure a top priority and will continue to do so. It is our position that any statewide solution to Colorado's infrastructure challenges must take every level of government into consideration to be effective. However, while this legislation does increase funding for local government transportation in 2019, the legislation does not appear to have bipartisan support and will likely not have a viable path forward during the 2019 session.