Jan. 29—With the 2024 Colorado state legislative session underway, Boulder officials are closely watching the new legislation being introduced at the Capitol and considering what those policies could mean for the city.

During state legislative sessions, which typically run from January to May, Boulder engages in lobbying to advocate for the city’s policy interests on issues that affect the local community. Those issues can include expansions or limitations on municipal authority as well as funding for items like affordable housing, according to Boulder Chief Policy Advisor Carl Castillo.

“Decisions get made, or should be made, or can be made, that impact us greatly. They can be toward our advantage or against our advantage,” Castillo said during a City Council study session Thursday. He gave a presentation stating the city is “not only permitted but (has) a responsibility to advocate” for itself.

Castillo cited numerous examples of past policy decisions that have impacted Boulder. For example, a 2021 bill permitting municipalities to use ranked choice voting in nonpartisan elections allowed Boulder to conduct its first direct election of its mayor using that voting method last year.

But there are limits to how a city can engage in advocacy. Under the state’s Fair Campaign Practices Act, cities aren’t allowed to use city resources to influence candidates or ballot measures. However, cities can advocate for changes in legislation.

Boulder’s Policy Statement outlines the city’s guiding principles, priorities and policy positions. It’s a guiding document that city officials look to before doing advocacy on state legislation, and Castillo said the document ideally reflects the majority of City Council members, if not the entire Council.

Council members review the statement once a year, usually in October, asking for any changes they’d like to see. In February, after a new legislative session has started, the Council has another chance to make changes to the policy statement, based in part on new legislation that’s been introduced or is likely to be brought forward.

Last year, the City Council discussed possible changes to the Policy Statement on Oct. 26 and voted to adopt the revised statement on the consent agenda on Nov. 16. The Council is slated to discuss any other potential changes to the statement on Feb. 15.

It’s not clear whether the Council is likely to ask for significant changes. On Thursday, several council members praised the existing Policy Statement: Councilmember Ryan Schuchard said he’s “excited about where … this is going,” while Councilmember Matthew Benjamin said he felt the city is “in a really good space” in regards to the statement.

The city has taken positions supporting several bills that have been introduced, but that the legislature has not voted on yet.

One of these, the Vulnerable Road User Protection Enterprise, would impose a “vulnerable road user protection fee” for drivers wishing to register passenger vehicles and non-commercial light trucks. These tiered fees would be calculated by the vehicle’s weight and configuration. Revenue from these fees will support grants for infrastructure improvements that lower the risk of death or serious injury to vulnerable road users, which include pedestrians and cyclists.

Another transit-related bill, Mobile Electronic Devices and Motor Vehicle Driving, would forbid motorists from using mobile electronic devices while driving unless they are using a hands-free accessory. There would be an exception for first responders and drivers who are parked.

And a Racial Equity Study bill would require Colorado’s historical society to study how state policies may be contributing to the ongoing impacts of slavery and systemic racism on Black community members and address those impacts. The study would be contingent on the historical society receiving $100,000 in gifts, grants or donations.

Boulder has also provided at least conditional support for some bills that have not yet been introduced, but likely will be in the near future.

The city supports the Allow Accessory Dwelling Units bill, which would require municipalities to allow ADUs in areas where single-family homes are allowed, only if it’s amended. City officials say they want to ensure Boulder will be allowed to incentivize owner occupancy, long-term ADU rental and opportunities for intergenerational living.

The city also supports the Local Authority to Regulate Pesticides bill, which would enable local governments to regulate the sale and use of pesticides for health and safety purposes, as-is.