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Colorado Senate GOP aims to repeal a slew of laws, from renter protections to shopping bag fees

Colorado Senate Republicans on Tuesday named more than a dozen state laws they hoped to repeal as part of a package of reforms that they said would bolster affordability in the state.

The targeted laws include renter protections — which they say drive up costs for landlords that are then passed on to tenants — and limits on greenhouse gas emissions during construction. Others include state transportation fees used to pay for electric charging stations and emission reductions, fees on utility bills that pay for low-income assistance programs, fees on single-use shopping bags and more.

All the laws targeted for repeal were passed after Democrats won majority control of both legislative chambers in 2018, though several of the measures had bipartisan co-sponsors. The General Assembly has since retained its deep shade of blue. Many of the cited laws reflect Democratic priorities around the environment.

But taken in total, Senate Minority Leader Paul Lundeen said, the “crippling regulations and costly fees” add up to more than $4,500 that could be saved for Colorado families each year. That would be done either by eliminating costs passed on to them by businesses and landlords or through direct savings from fee repeals.

“This affordability crisis is not an accident,” said Lundeen, a Monument Republican. “It’s the direct result of the misguided policies that were created in this very building.”

Individually, Republicans note that some of the potential savings are relatively small. They expect Coloradans would save $1.40 annually by repealing a fee on new tires that’s used to pay for tire recycling and other disposal efforts, for example.

The biggest estimated savings would amount to more than $3,700 a year by requiring that new energy codes be cost effective — versus purely relying on the 2021 International Energy Conservation Code. The Republican plan also calls for the repeal of a law requiring the use of that code as a standard. Compliance with the code can add tens of thousands of dollars to the construction costs of new homes, according to the National Association of Home Builders, which is then folded into mortgages.

Other proposals specifically target older people who live on fixed incomes. Sen. Byron Pelton, a Sterling Republican, said he plans to file a bill that would exempt social security payments from the state income tax.

When asked at a news conference, Lundeen did not name any members of the majority Democrats who are working with Republicans on the bills — a significant damper to the proposals’ chances in a building where Democrats outnumber Republicans nearly 2-to-1.

“We are looking for common-sense policymakers,” Lundeen said. “Anybody who wants to join this effort of providing our target of $4,500 in regulatory relief, fee relief, relief for the families of Colorado — anyone who wants to participate, we’ll take them.”

On the Democratic side of the aisle, a statement from Senate Majority Leader Robert Rodriguez called it “encouraging” that both caucuses broadly agree that affordability must be a priority. He highlighted Democratic plans to cut fees for child care applications and waitlists, as well as address “junk fees” and price gouging.

But he also said cutting some of the fees, like Republicans want, could affect transportation funding and some Coloradans’ ability to pay for things like heat — particularly in a year when lawmakers are facing a budget hole that could hit $1 billion.

“We also must be thoughtful as we consider these policies,” Rodriguez said. “There are always going to be trade-offs, and some of the proposed policies from my Republican colleagues target fees that are currently funding projects and programs that Coloradans rely on.”

Another key Democrat — Gov. Jared Polis — has also signaled support for regulatory reform. In his State of the State speech to mark the start of the session last week, Polis urged Rodriguez and Lundeen to “honestly question” state laws and regulations to balance consumer protection and health and safety, while reducing costs for businesses and individuals.

“As you make this review, you’ll have our full cooperation and I encourage thinking about what more could be done to unleash small business and drive economic growth in our great state,” Polis said.

Shelby Wieman, a spokesperson for Polis, reiterated the point in a statement after the Republicans’ press conference.

“Governor Polis has been clear that he is open to discussing any idea that could save Coloradans money and reduce burdensome regulations, without harming meaningful efforts that make Coloradans’ lives better,” Wieman said. “The Governor’s Office will review any bill that makes it to his desk.”

Polis also made the point in December when he ran a circular saw through a stack of outdated executive orders — slashed rules and regulations that now adorn the governor’s office as repurposed artwork.

Lundeen called it “wonderful political theater” that ultimately gave “a minuscule amount of regulatory relief.”

“Now we’re saying, dig down,” Lundeen said Tuesday. “Let’s dig deeper and get real, meaningful regulatory reform.”

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