JFS PUBLIC AFFAIRS GROUP LLC 1410 Grant Street #A-101 Denver, CO (303) phone MEMORANDUM

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1 JFS PUBLIC AFFAIRS GROUP LLC 1410 Grant Street #A-101 Denver, CO (303) phone Jeani Frickey Saito Partner MEMORANDUM TO: FROM: SUBJECT: Amie Mayhew, Chief Executive Officer Colorado Association of Home Builders Jeani Frickey Saito, JFS Public Affairs Group Colorado Regulatory Update DATE: September 17, 2013 Historic Floods Hit Colorado Communities Agencies Work to Respond Note: The following information was provided by Governor Hickenlooper s office on 9/17/13 Division of Homeland Security and Emergency Management The State Emergency Operations Center is managed and coordinated by the Office of Emergency Management with staffing from the Office of Preparedness and Office of Prevention and Security. The State EOC is currently running 24/7 operations at a Level I staffing. The Office of Emergency Management is providing two Regional Field Managers at each several of the local Emergency Operations Centers. The state pushes out updates on an emergency blog at on Twitter and on Facebook at Preparedness information is shared at on Twitter and on Facebook atwww.facebook.com/readycolorado. Division wide information is shared at Department of Transportation CDOT has highway closures continuing in parts of Northern Colorado, in Weld, Jefferson and Morgan counties and some areas in metro Denver. Crews worked through the weekend and continue to assess road and bridge conditions, begin cleanup and repairs where possible. Currently, CDOT estimates approximately 30 bridges have been destroyed, 20 have serious damage and with more roadways and bridges where the status is still unknown due to lack of access. CDOT is working on an initial damage assessment with information about how the agency will address ongoing response. For more information, visit cotrip.org, coloradodot.info, on Facebook at or call 511 and download CDOT Mobile. Officials are issuing preliminary estimates of flood damage caused to state roads and bridges at $40 million for roads and $112 million for bridges, according to media reports. U.S. Transportation Secretary Anthony Foxx announced on Sept. 17 that the state would be receiving an additional $30 million in emergency transportation funds, this in addition to the $5 million Colorado received last week.

2 Major flooding across Colorado caused by heavy rain washed out or closed numerous highways and bridges in Boulder, Larimer, Weld, Denver, Gilpin, Clear Creek and Jefferson counties, Foxx said in a story published by The Denver Post. It is estimated that more than 20 miles of damage occurred to Colorado 14, U.S. 34 and U.S. Department of Local Affairs DOLA s Divisions of Local Government and Housing assigned staff in Disaster Assistance Centers (DAC) located in Longmont/Boulder County, Loveland/Larimer County, Greeley/Weld County and in the Southwest Weld Center. Staff will be deployed as more DACs continue to open in impacted communities. DACs are one-stop shops that co-locate services ranging from non-government organizations, charities, mental health, to human services, making access to resources more efficient and convenient. The work of the DAC is key to the long-term recovery process that takes place following the response phase of a disaster. DOLA staff assist local officials in setting up the DAC, coordinate state agency resources and help connect those who have been displaced from their homes with emergency shelter and access to housing assistance. Information about DACs can be found at COEmergency.com as it becomes available. Department of Natural Resources Teams of field inspectors, engineers and environmental protection specialists are assessing impacts to oil and gas facilities. The Colorado Oil and Gas Conservation Commission is using mapping technology to identify all potentially affected locations and is encouraging the public and local governments to provide information about specific locations todnr_floodinfo@state.co.us. Dam safety engineers at the Division of Water Resources are continuing to inspect impacted dams and reservoirs as well as many damaged irrigation structures. The Colorado Water Conservation Board staff is conducting numerous post-flood assessments for scientific and policy purposes. Contact todd.hartman@state.co.us. Department of Public Health and Environment CDPHE s Water Quality Control Division continues to work with drinking water and wastewater facilities affected by flooding. Boil water advisories remain in place for the following community water systems: Firestone, Left Hand Water District, Lyons and Mountain Meadow (Allenspark). The department is working with the Colorado Oil and Gas Conservation Commission, local authorities and operators to assess risks from oil and gas locations affected by the flood and, where necessary, provide environmental response and remediation, The department issued anews release with advice about possible illnesses related to floods and vaccination recommendations, precautions and guidance about coming in contact with flood water, and the status of boil water advisories. CDPHE s website has information on flooding including flood recovery, water quality and boil water information and water testing forms, Follow the department on Twitter orwww.facebook.com/cdphe or contact mark.salley@state.co.us for more information. Department of Regulatory Agencies Commissioner of Insurance Marguerite Salazar is reaching out to the property and casualty insurance industry to meet by the end of the week. The Colorado Division of Insurance again reminds consumers that insurance specialists are available to answer their questions. Claims need to be filed with the insurance company, but the division can assist consumers with questions about insurance and help guide them through the process. Impacted residents can call the Division of Insurance at or (outside Denver area). For more information, visit the Division s media release and follow or Department of Human Services Several human service offices in counties under the disaster declaration were able to open on Monday. Boulder County Human Services remains closed. The emergency helpline number is Emergency information can also be found atwww.boulderoem.com. In Weld County, the Longmont and Fort Lupton offices were closed Monday and the Greeley office opened Monday. The number for appointments or questions is The CDHS Division of Vocational Rehabilitation offices in Sterling is closed on Tuesday. The DVR offices in Greeley and Fort Morgan will be assessed for flooding and access Tuesday morning to determine if they need to close. County residents who need assistance in those communities may call For more information, contact Liz.McDonough@state.co.us or Services/ or on Twitter. 2

3 Colorado National Guard Military members from the Colorado National Guard, the U.S. Army s 4th Combat Aviation Brigade from Fort Carson, Colo., and the Wyoming National Guard are currently supporting Colorado flood evacuation operations. According to Lance Blyth, U.S. Northern Command historian, the military response to the Colorado floods, dubbed Operation Centennial Raging Waters, is likely the biggest rotary-wing airlift mission since Hurricane Katrina. Colorado State Patrol CSP is working with other law enforcement officials and CDOT in Jefferson, Boulder, Larimer, El Paso and Weld counties. The primary functions are to provide manpower for roadblocks or checkpoints and to assist with search and rescue missions when required. CSP will continue to assist motorists with the navigation of these flood damaged areas by providing information via social media and mainstream media resources. CSP continues to play a significant role in the state Emergency Operations Center and will have representation in the local/county Incident Command Posts for assistance in planning and deployment of CSP resources. Follow on facebook at on Twitter or contact Jeff.goodwin@state.co.us for more information. Department of Labor and Employment Individuals may be eligible for unemployment assistance if their unemployment resulted from the physical damage or destruction of their place of employment or because of the physical inaccessibility to their worksite due to closure by the federal, state or local government in immediate response to the flooding and its aftermath. For individuals who don t qualify for regular unemployment, Disaster Unemployment Assistance is available to those affected by flooding in Boulder County. Currently, only Boulder County is approved by FEMA for these benefits however, information on designations for other counties will be posted on as they occur. Claims can be filed at For more information, follow atwww.facebook.com/coloradolabor on Twitter. Governor s Office of Information Technology OIT is managing the Colorado Google Flood Crisis Map Colorado Google Flood Crisis Map. In partnership with the Department of Public Safety, OIT is overseeing the Statewide Digital Trunked Radio System (DTRS) which bridges state, county, local and tribal communications. Since the flooding emergency began, the DTRS system has processed more than 4.7 million radio calls and dispatched more than 150 mobile radio units to the Colorado National Guard and various search and rescue teams. Additionally, the DTRS team has deployed technicians to conduct repairs and damage assessments to the state s 200+ DTRS towers, some of which are located in the flood zones. OIT s Geographic Information Systems team is assisting in the coordination of aggregating data with Federal Emergency Management Agency (FEMA) and other agencies. For more information, contact jessica.roe@state.co.us or visit Department of Education The department is working with school districts affected by the flood by extending deadlines for filing reports, data transfers and the enrollment count date. The department has established a webpage targeted to districts with information on state resources, educational resources, and updates on other state support systems. School districts serving migrant populations are finding that they now have large numbers of students that are considered homeless. CDE is providing assistance to schools about providing service to students displaced by disasters. CDE is also working with the federal government which is now making availableproject SERV grants to help affected districts restore a safe and secure learning environment in the aftermath of the flood. For more information, visit on Twitter. Department of Revenue The department will extend filing deadlines for taxes by waiving penalty and interest for 30 days for any taxpayer affected by the floods that cannot file and pay a tax by the due date. Generally, the department follows the Internal Revenue Service s lead for extending filing deadlines because of natural disasters. However, due to the unprecedented nature and scope of the flooding, the department will take additional measures to assist taxpayers during this emergency. For taxpayers directly impacted by the flood and cannot file tax returns by the required due date, the department will 3

4 extend the filing deadline for 30 days without penalty and interest. Taxes include individual, partnership, corporate, and fiduciary income taxes, withholding taxes, sales taxes, and excise taxes. Fore more information, contact or visit Attorney General s Office The office is taking complaints regarding fraudulent charities and home repair scams. Consumers can call to file a complaint. Colorado Department of Natural Resources Colorado Water Conservation Board Begins Work on Colorado Water Plan Gov. John Hickenlooper, by executive order, has directed the Colorado Water Conservation Board (CWCB) to begin work on a draft Colorado Water Plan, the stated goal of which is to support agriculture in rural Colorado and align state policy to the state s water values. In a presentation to Colorado Water Congress, James Eklund, CWCB Director, and John Stulp, the Governor s key advisor on water issues, stated that the current status quo of buy and dry is unacceptable. While recognizing that water is a key property right for Coloradans, they expressed concern at which agricultural water rights are being converted to municipal or industrial use. CWCB is directed by the executive order to utilize the work of the state s grassroots water process, the Basin Roundtables and Interbasin Compact Committee, in developing a draft report by December The goal is to have a final report should be completed one year later. According to a press release issued by the Governor s office, the Colorado Water Plan is necessary to address a variety of issues, including: The gap between water supply and water demand. The Statewide Water Supply Initiative forecasts that this gap could exceed 500,000 acre feet by Moreover, the largest regional gap is set to occur in the South Platte Basin, the most populous as well as the largest agriculture-producing basin. Colorado s drought conditions threaten to hasten the impact of the water supply gap. Indeed, the past two decades have been Colorado s warmest on record, dating back to the 1890s. Colorado s water quantity and quality questions can no longer be thought of separately. Each impacts the other and state water policy should address them conjunctively. Interstate water concerns are as pressing as ever and require Colorado to be vigilant in protecting its interstate water rights pursuant to its nine interstate compacts and two equitable apportionment decrees. The Executive Order directs the CWCB to work with its sister agencies within the Colorado Department of Natural Resources as well as the Colorado Department of Public Health and Environment, the Colorado Water Resources and Power Development Authority, the Colorado Department of Agriculture, the Colorado Energy Office, and other relevant state agencies as needed. Each of these agencies is directed to cooperate with the CWCB as needed on the Colorado Water Plan. A signed copy of the complete Executive Order can be found here. Task Force on Wildfire Insurance and Forest Health Colorado Department of Regulatory Agencies Governor Hickenlooper signed an Executive Order earlier this year that created the Task Force on Wildfire Insurance and Forest Health. The Task Force, to which Amie Mayhew was appointed as a representative of the homebuilding industry, met monthly from April to July. The Task Force is set to issue their final report by the end of September. 4

5 The Task Force started a series of weekly meetings in August to consider, in detail, recommendations made by work groups that looked at issues ranging from construction and building codes to forest health and watershed maintenance issues. It is expected to hold its last meeting this week with work continuing on the final written report. They will continue to discuss a number of recommendations, including: State legislation that would require statewide building codes as well as model ordinance on defensible space to reduce fuel load; Recommendations that CDPHE waive smoke management requirements over two years for controlled burns; A statewide initiative for ignition resistance buildings and defensible space; State legislation to create risk zones, using Oregon as a model; Assess fees or taxes for individuals who live or own property within WUI areas to cover fire fighting costs; Mandatory mitigation of fuel at point-of-sale for property; Mandatory disclosures to individuals who are purchasing property in WUI; Creation of a WUI-specific insurance product. Full copies of the draft recommendations can be found at: Division of Professions and Occupations State Plumbing Board & State Electrical Board State Plumbing Board & State Electrical Board may conduct local inspections In accordance with S.B , the State Plumbing Board & the State Electrical Board are starting the process to provide inspections in all areas of the state where a local jurisdiction does not provide permit and inspection services. The Boards are currently in the process of updating information from all jurisdictions in the state. Local jurisdictions must notify the boards no later than October 1 of their intent to provide permitting and inspection services. If cities, towns and counties do not submit their intent to commence or cease issuing permits and providing inspections by the October 1 deadline, they will fall under the jurisdictional authority of the State Plumbing Board for the issuance of permits and the State Electrical Board for the purposes of permits. State-conducted inspections will begin July Permit Application Changes Beginning July 1, 2013, the State Plumbing Board has made a number of changes to its permit application and process: Eliminates non-licensed contractor permits Beginning July 1, 2013 permits for shower pans and mobile home setups will not be available for non-licensed individuals or companies. The online permit system will also no longer provide a means to purchase a permit as a non-licensed contractor. A non-licensed contractor may continue to log into the online permit system to request inspections for and view results of existing permits. Shower pan liners will become the responsibility of the holder of the plumbing permit and are required to be installed, tested and accepted at the time of the rough plumbing inspection. The Colorado plumbing code requires shower pans to be installed by a license plumber or a homeowner (acting as a plumbing contractor for their own home). Mobile and modular home plumbing connections must be permitted and installed by either a registered plumbing contractor or a homeowner (acting as a plumbing contractor for their own home). Mobile home contractors are not given the authority to make plumbing connections for water or sewer by either the Colorado plumbing code or the Department of Housing Regulations. Gas pipe testing for mobile homes will continue as before. A new log in portal will be added for gas pipe installers to purchase permits for gas piping only installations. Separate permits will be issued for plumbing and gas piping installations. Plumbing contractors or a homeowner (acting as a plumbing contractor for their own home) purchasing permits for the installation of: 1) plumbing, and 2) gas piping systems will be issued a 5

6 separate permit number for each trade. Only one base fee for both permits (plumbing and gas piping) will be charged when issued to a single plumbing contractor or homeowner. Separate inspections for plumbing and gas piping will need to be requested when ready. Please read the plumbing permit online application carefully (after July 1st) regarding new procedures and instructions. Questions concerning these changes may be directed to: Kye Lehr, Inspector Supervisor kye.lehr@state.co.us or Steve Conrad, Chief Inspector stephen.conrad@state.co.us Division of Real Estate HOA Information and Resource Center In accordance with HB , the HOA Office has changed its registration process, effective August 7, 2013 to collect the following information: The name of the association, as shown in the Colorado Secretary of State s records; The name of the association s management company, managing agent, or designated agent, which may be the association s registered agent, as shown in the Colorado Secretary of State s records, or any other agent that the executive board has designated for purposes of registration under this section; The physical address of the HOA; A valid address; address, if any; website, if any; and telephone number for the association or its management company, managing agent, or designated agent; and The number of units in the association. Division of Real Estate Subdivision Regulations Review The Colorado Real Estate Commission identified a review of current subdivision regulations as part of its 2013 Regulatory Agenda. CREC is sponsoring a workgroup/task force to review the current regulations and statutes in an effort to update, streamline and simplify current regulations. Representatives from CAHB have been appointed to serve on the task force. The task force will meet regularly throughout the summer in an effort to review the regulations and statutes. Division staff would like to have final recommendations finished by the end of the summer to begin any formal rulemaking shortly thereafter. The task force has reviewed regulations S-1 through S-24 and is expected to wrap up its work by October. While most of the proposed changes are more form than substance, the task force is reviewing whether or not there need to be additional rules to address subdivision development activity by trusts, clubs and developers who own and operate properties in other states but actively market to Colorado citizens. Some the discussed changes include: Developing guidelines to retention/archival of electronic format of records; Should there be a definitive timeline in rules for developers to respond to complaints; Aligning information stated on forms and applications to be consistent with rules and statutes; and A number of technical clean-ups to further align rules with intent and language of statute. There has also been conversation among task force members about how to handle materials submitted as part of an application that are considered proprietary or trade secret. According to DORA staff, the Attorney General s office has advised that state regulations cannot be drafted to keep documents outside the scope of the Colorado Open Records Act (CORA). The committee is considering adding a statement in the rules and/or on the subdivision forms such as Please be advised that any information provided with this application may not be considered confidential pursuant to the Colorado Open Records Act (CORA). 6

7 Governor s Appointments to Boards and Commissions The Transportation Commission formulates general policy for the Colorado Department of Transportation with respect to the management, construction and maintenance of public highways and other transportation systems in the state. The commission also works to assure that the preservation and enhancement of Colorado s environment, safety, mobility and economics is considered in the planning of all transportation projects. Appointments must be confirmed by the Colorado Senate. The member appointed for a term expiring July 1, 2017: William Thiebaut Jr. of Pueblo, to serve as a commissioner from the 10th Transportation District. The Arkansas River Compact Administration was created to administer the provisions of the compact which was created with respect to the waters of the Arkansas river. The administration shall co-operate each state charged with the administration of water rights and with federal agencies in the systematic determination and correlation of the facts as to the flow and diversion of the waters of the Arkansas river. The member appointed for a term expiring Aug. 16, 2015: Colin Thompson of Holly, to serve as a resident of and water right owner, in Water District 67, reappointed. The member appointed for a term to expire Aug. 16, 2017: Scott A. Brazil of Pueblo, to serve as a resident of and water right owner, in Water District 14 or 17. The members appointed to serve at the Pleasure of the Governor: James L. Eklund of Denver, to serve as Executive Director, Water Conservation Board. The Conservation Easement Oversight Commission reviews applications for conservation easement holder certification and to review any other issues referred to the commission by any state entity. The Division of Real Estate shall convene the meetings of the commission and provide staff support as requested by the commission. The members appointed for terms expiring July 1, 2016: Christopher MacLellan West of Denver, to serve as a representative from a statewide or national land trust, reappointed. Nancy Fishbein of Boulder, to serve as a representative of a local government open space or land conservation agency. John Anthony Carney of Montezuma, to serve as a representative of an historic preservation organization with experience in easements on properties of historical significance. The State Plumbing Board grants licenses to plumbers, and amends and enforces rules and regulations for the examination and licensure of plumbers. Appointments must be confirmed by the Colorado Senate. The member appointed for a term expiring July 1, 2017: Matthew Ray Wagy of Greeley, to serve as a Republican and a master plumber. The Board of Real Estate Appraisers sets fees for those seeking a real estate appraisers license, administers tests and disciplines licensees for misconduct. Appointments must be confirmed by the Colorado Senate. The members appointed for terms expiring July 1, 2015: Peter E. Muccio of Denver, to serve as a member of the pubic. Scot M. Rose of Lafayette, to serve as a representative of appraisal management companies. The State Housing Board works to establish uniform construction and maintenance standards for hotels, motels, multiple dwellings and factory-built housing. The board also develops for submittal to the general assembly and units of local government recommendations for uniform housing standards and building codes. Appointments must be confirmed by the Colorado Senate. The member appointed for a term expiring Jan. 31, 2015: Raymond Timothy Hudner of Grand Junction, to serve as a Republican and resident of the 3rd Congressional District, to fill the vacancy occasioned by the resignation of James A. Coil of Grand Junction, who served as a Democrat and resident of the 3rd Congressional District. ******** END ******** 7