December 2023 Bite-Size Colorado Legislation News

Posted on by Heidi Whitver

Discover the latest updates on Colorado State Legislation! As new legislation is introduced, it’s important to stay informed about the changes it may bring. The following are immediately impactful topics from the recent legislative session.

First Extraordinary Session Convened on November 7, 2023

An emergency session of the Colorado State Assembly was called after Proposition HH was rejected by the Colorado voters. This session sought to bring about property tax relief due to a significant rise in the average property tax value in Colorado.  

  • HB23B-1003 – A commission to study Colorado Property Tax was created and it shall have a board of 19 members. The purpose of the commission is “TO IDENTIFY, CONSIDER, AND EVALUATE LEGISLATIVE OPTIONS FOR A PERMANENT AND SUSTAINABLE PROPERTY TAX STRUCTURE FOR THE STATE”.
  • HB23B-1001 – A rental assistance grant program was created to provide aid to residential tenants who have an annual household income of 80% or less of the median income for their area and are at risk of facing eviction or displacement.
  • SB23B-001 – This bill temporarily reduces the property tax rate from 6.765% to 6.7%. The state will be required to backfill local governmental entities for a total of $54,000,000.
  • SB23B-003 – This bill equalizes all TABOR refunds. The refund will be $1,600 for two qualifying taxpayers filing jointly and $800 for one qualifying taxpayer.

Summary of the Previously Submitted Water Loss Accounting of SB23-213, Section 14

(https://leg.colorado.gov/sites/default/files/documents/2023A/bills/2023a_213_01.pdf)

This portion of the bill was not considered overly controversial and laid out a method to standardize water loss accounting across the state.

  • Proposed the use of the American Water Works Association, Manual M36: “Water Audits and Loss Control Programs” and its accompanying free water audit software.
  • The Colorado Water Conservation Board shall adopt guidelines for Water Loss Accounting.
  • Attendance of one of the following from a covered entity will be required to attend any water loss audit submitted to the board:
    • The Chief Financial Officer
    • The Chief Engineer, or
    • The General Manager
  • Technical and Financial Assistance is available for qualifying entities.

Recent Federal ADA PROWAG Rules Clarifications

(https://www.access-board.gov/prowag/preamble.html)

The distinction between an alteration and maintenance have been expanded upon, please read the linked document (https://archive.ada.gov/doj-fhwa-ta.htm).

  • Please take note that there are a high number of requirements for low to no visibility pedestrians such as dark-on-light and light-on-dark contrasting for truncated domes, the material of truncated domes and audible pedestrian signals.
  • MUTCD references will be eliminated in PROWAG, and these references will be directly provided as part of the ADA design manual.
  • The minimum accessible route clear width will increase from 36” to 48”.
  • An exception to meeting some requirements will be in place for streets with a grade of 5% or more, as the accessible route will be allowed to match this grade. 
  • At a curb ramp, if it requires “chasing grade” to meet compliance, only 15’ of chasing will be required. A transition shall be allowed to be placed outside of the typical landing to match grade.  This shall be handled on a case-by-case basis for each curb ramp.
  • Curb ramps will be required to be directed into the intended direction of travel. This will impact the previous allowance of diagonal ramps that were intended to cover two paths of travel, the design will need to be adjusted such that it orients the path of travel ramps in both directions.
  • Please take note this is a brief summary of particular changes, and there are additional details on the ADA PROWAG website.

In next month’s newsletter, we will be covering the upcoming Colorado legislative session.

Note: The material contained in this newsletter is provided for informational purposes only and does not represent a legal opinion on any subject matter. We encourage you to review this summary and consult with your legal counsel to determine applicability to your particular situation.

Bite-Size Colorado Legislation Newsletter Sign-up

Our Colorado team leaders need help keeping tabs on changing legislation that could impact their communities, and keeping track of proposed changes and updates in legislation can be daunting. With the potential impact on local communities, staying up to date is crucial. If you’re looking for a way to stay informed about Colorado Legislation, you’re in the right place.

HR Green’s periodic and approachable updates are designed to give you the information you need in your inbox. Sign up below to stay on top of significant changes that could impact your community.

HR Green can help communities like yours navigate changing regulations and development needs. And we’re here when you need professional experience and insight with Plan Review, Engineering Design Services, and Grant Writing.

View Governmental Services

HR Green Launches Full-Service Broadband Business Line

Posted on by Heidi Whitver

We are thrilled to announce a significant expansion in the broadband services offered by HR Green—a move that reflects our commitment to innovation, progress, and the ever-growing needs of our clients.

Since 2016, HR Green’s Broadband team has helped clients become more connected. We’ve served clients all over the nation, and have grown and expanded our services every year since. We’re excited to announce that Broadband has now become a dedicated HR Green business line. This new structure helps us connect even more clients, expand access for their customers, and help them prepare for the future.

In today’s digital era, the demand for high-speed, ubiquitous broadband has reached unprecedented levels. Municipalities and private internet service providers are at the forefront of this revolution, seeking reliable partners to navigate the complexities of planning and implementing broadband solutions. At HR Green, we are proud to be that partner, offering guidance beyond simple, templated studies and toward a customized, long-term solution.

Unlocking Hidden Value and Bridging the Digital Divide

At HR Green, our overarching mission is focused on building communities and improving lives. Broadband infrastructure plays a pivotal role in various aspects of society, including healthcare, education, social equity, and the economy. 

We recognize that the key to lasting impact lies in customized, long-term solutions. Our broadband services guide you to unlock the hidden value within your infrastructure, providing a roadmap to success that meets your immediate needs and prepares your community or service area for a resilient, future-proof digital landscape. Together, we can bridge the digital divide and pave the way for a thriving Gigabit Economy.

A Phased Approach to Broadband Success

What sets HR Green apart in the market? Our comprehensive approach. Our team approaches your initiatives from municipal and communications perspectives, encouraging a holistic strategy beyond simple, templated studies. Armed with this knowledge, local leaders can make informed decisions that serve their constituents.

Our phased approach guides you through the five stages of the Broadband Lifecycle – from Vision to Operation. By integrating network architecture, outside plant design, funding sourcing/administration, market analysis, operational best practices, municipal engineering, program management, business plan development, public engagement, and construction management, we offer trusted guidance and scalable solutions through each phase.

broadband approach

Experienced Broadband Professionals, Tailored Solutions

Our engineering professionals boast a successful track record in managing small and large-scale fiber optic and broadband infrastructure initiatives. With a focus on cost-effectiveness, schedule sensitivity, and localization, we deliver solutions that align with your unique goals.

HR Green’s in-house resources are a testament to our commitment to excellence. From engineers and network architects to municipal managers, financial and GIS specialists, planners, construction managers, and inspectors—we bring a multidisciplinary approach to every project. 

Being part of the larger HR Green organization affords our broadband business line access to a wealth of skills, with over 600 professionals available across various domains. This includes individuals with experience as city managers, public works directors, and knowledge in environmental permitting. This multidisciplinary approach enables us to swiftly address challenges and progress seamlessly in designing and building out networks, benefiting all our clients.

Connecting Your Community with HR Green

As we embark on this exciting new venture, we invite you to explore the possibilities broadband planning can unlock for your community or service area. HR Green is ready to be your trusted partner in building a brighter, more connected future.

Learn More

The Role of Lighting Engineers in Municipal Development

Posted on by Heidi Whitver

In the dynamic landscape of municipal development, safe and efficient lighting is not just a necessity but a strategic imperative. Municipal lighting consumes a substantial portion of total energy usage, ranging from 25% to 40%. This percentage varies depending on factors such as building type, lighting technology, and energy efficiency. 

Whether it’s illuminating roadways, parks, or municipal facilities, the right choice in municipal lighting technology can significantly impact both energy efficiency and overall costs. For that reason, municipalities are increasingly adopting the energy-saving benefits of LED lighting in both new installations and retrofitting existing facilities. The versatility of LED lighting is compelling for numerous reasons.

Why Choose LED for Your Municipality?

1. Energy Efficiency: LED lighting is more energy-efficient than traditional lighting technologies like incandescent or fluorescent bulbs. LEDs convert a greater percentage of electricity into visible light, resulting in significant energy savings. This efficiency translates into reduced electricity bills for your municipality.

2. Longevity: LEDs have a remarkably long lifespan, typically lasting 25,000 to 50,000 hours or more. This longevity means fewer replacements and maintenance interventions. For municipalities, this equates to significant cost savings in terms of labor and replacement fixtures over the long term.

3. Reduced Maintenance Costs: With traditional lighting, frequent bulb replacements can be costly and time-consuming for municipal staff. On the other hand, LEDs require less maintenance due to their extended lifespan. This translates to reduced labor costs, fewer disruptions to daily operations, and a more efficient use of resources.

4. Improved Light Quality: LED lighting provides superior light quality compared to older technologies. LEDs offer consistent, bright, and clear illumination that enhances highway safety and visibility. This improved visibility contributes to safer road conditions, reducing the risk of accidents and improving overall road safety.

5. Precise Control: LED lighting systems can be easily integrated with advanced control technologies. This allows municipalities to adjust light levels and even remotely monitor and manage their lighting infrastructure. Such control capabilities provide flexibility and efficiency in lighting management, allowing adjustments based on specific needs, weather conditions, or time of day.

6. Environmentally Friendly: LED lighting is environmentally friendly due to its energy efficiency and reduced maintenance needs. Lower energy consumption means reduced greenhouse gas emissions, contributing to a municipality’s efforts to reduce its carbon footprint. Additionally, LEDs do not contain hazardous materials like mercury, making disposal safer and more sustainable.

7. Cost Savings: LED lighting may have a slightly higher upfront cost than traditional lighting options, but the long-term cost savings are substantial. These savings come from reduced energy consumption, fewer maintenance expenses, and improved operational efficiency.

8. Enhanced Safety: The superior light quality of LEDs enhances safety for both drivers and pedestrians. Well-lit roadways and pathways reduce the likelihood of accidents, boost driver confidence, and provide a safer environment for nighttime activities.

While the benefits of LED lighting are impressive, your current lighting project may be more comprehensive than simply swapping out fixtures. Partnering with an engineering firm with specialized knowledge in municipal lighting can streamline the complexities you encounter but also empower you to make choices that positively impact your community’s vitality and resilience.

Safety Action Planning

The Role of Lighting Engineer

In the realm of lighting solutions, a consultant such as HR Green plays a pivotal role in guiding municipalities towards informed decisions. Here’s how our lighting engineers can assist you:

Strategic Planning and Infrastructure Development

  • Identifying lighting needs and objectives: Our team collaboratively works with municipalities to pinpoint specific lighting requirements, upholding each project with the overarching goals of safety, efficiency, and community well-being.
  • Crafting and refining lighting ordinances: Whether tailoring existing regulations or developing new ones, our team can help align lighting ordinances with your municipality’s unique needs and goals.
  • Navigating the path for new projects: From advising on the latest lighting technologies to planning for new installations or retrofitting initiatives, we offer comprehensive support to seamlessly integrate cutting-edge solutions into your infrastructure.
  • Producing efficient lighting strategies: By developing street lighting layouts and conducting photometric analyses, we optimize lumen packages for efficient spacing, lowering energy consumption effectively.

By harnessing the proficiency of HR Green’s lighting engineers, municipalities can confidently navigate the complexities of planning and development, forging a brighter and more sustainable future for their communities.

Seamless Lighting Transitions with HR Green

With HR Green’s assistance, you can confidently transition to LED lighting, making a sustainable choice for your municipality’s future. HR Green has assisted multiple local municipalities in updating their existing lighting ordinances and, where required, developed new lighting ordinances to facilitate setting the guardrails for responsible outdoor lighting for their residents and businesses. HR Green provides comprehensive lighting services tailored to municipal needs, staying abreast of the latest lighting technologies and controls. Whether you’re planning new installations or retrofitting existing lighting systems, we can design solutions that work best for your project.

November 2023 Bite-Size Colorado Legislation News

Posted on by Heidi Whitver

Keeping up with the latest developments in Colorado State Legislation is crucial, and HR Green is actively providing updates on key priorities of our state legislators. Here are our team’s insights on three topics that are making an immediate impact in Colorado.

SB23-090 Uniform Commercial Code 2022 Amendments

(https://leg.colorado.gov/bills/sb23-090) As stated in the title, this bill is incorporating the 2022 amendments into the Uniform Commercial Code (UCC), drafted by the Uniform Law Commission.

  • Within the UCC a new article was created that governs controllable electronic records. Various definitions were amended, added and changed with this law.  One example of one such change is amending “writing” or “written” to refer to a “record”.
  • The following is an example of the addition of new security interests:
    • 4-9-314. Perfection by control. (a) A security interest in investment property, deposit accounts, letter-of-credit rights, electronic chattel paper, or electronic documents CONTROLLABLE ACCOUNTS, CONTROLLABLE ELECTRONIC RECORDS, CONTROLLABLE PAYMENT INTANGIBLES, DEPOSIT ACCOUNTS, ELECTRONIC DOCUMENTS, INVESTMENT PROPERTY, OR LETTER-OF-CREDIT RIGHTS may be perfected by control of the collateral under section 4-7-106, 4-9-104, 4-9-105, 4-9-106, or 4-9-107, OR 4-9-107.5.
  • Chattel Paper’s definition has been replaced with
    • (A) A RIGHT TO PAYMENT OF A MONETARY OBLIGATION SECURED BY SPECIFIC GOODS, IF THE RIGHT TO PAYMENT AND SECURITY AGREEMENT ARE EVIDENCED BY A RECORD; OR
    • (B) A RIGHT TO PAYMENT OF A MONETARY OBLIGATION OWED BY A LESSEE UNDER A LEASE AGREEMENT WITH RESPECT TO SPECIFIC GOODS AND A MONETARY OBLIGATION OWED BY THE LESSEE IN CONNECTION WITH THE TRANSACTION GIVING RISE TO THE LEASE, IF:
      •  (i) THE RIGHT TO PAYMENT AND LEASE AGREEMENT ARE EVIDENCED BY A RECORD; AND
      • (ii) THE PREDOMINANT PURPOSE OF THE TRANSACTION GIVING RISE TO THE LEASE WAS TO GIVE THE LESSEE THE RIGHT TO POSSESSION AND USE OF THE GOODS. THE TERM DOES NOT INCLUDE A RIGHT TO PAYMENT ARISING OUT OF A CHARTER OR OTHER CONTRACT INVOLVING THE USE OR HIRE OF A VESSEL OR A RIGHT TO PAYMENT ARISING OUT OF THE USE OF A CREDIT OR CHARGE CARD OR INFORMATION CONTAINED ON OR FOR USE WITH THE CARD.

HB23-1260 Advanced Industry and Semiconductor Manufacturing Incentives:  

(https://leg.colorado.gov/bills/hb23-1260) This bill sets up the requirements, rules, and nuances to meet the CHIPS act to support advanced manufacturing in the state, such as semi-conductor manufacturing.

  • (a) “ADVANCED MANUFACTURING” MEANS THE USE OF INNOVATIVE TECHNOLOGIES AND PROCESSES TO ENHANCE EXISTING AND CREATE NEW PRODUCTS, INCLUDING, BUT NOT LIMITED TO, PRODUCTION ACTIVITIES THAT DEPEND ON AUTOMATION, COMPUTATION, ENHANCED PROTOTYPING, LASERS, NETWORKING, ROBOTICS, SENSING, SIMULATION, AND SOFTWARE, AND OTHER SIMILAR ACTIVITIES AS MAY BE DETERMINED BY THE COMMISSION, IN THIS STATE.
  • (b) To PROPOSE AN AREA FOR DESIGNATION AS A CHIPS ZONE, A LOCAL GOVERNMENT SHALL SUBMIT A DEVELOPMENT PLAN TO THE DIRECTOR. THE PLAN MUST INCLUDE THE FOLLOWING ITEMS:
    • (I) THE BOUNDARIES OF THE PROPOSED ZONE;(II) THE PROPOSED ZONE’S POTENTIAL FOR SEMICONDUCTOR MANUFACTURING BUSINESS DEVELOPMENT AND JOB CREATION;(III) HOW THE PROPOSED ZONE WILL SUPPORT AND BE CONSISTENT WITH MAINTENANCE OF THE AREA’S ECONOMY; AND
    • (IV) ANY OTHER PERTINENT INFORMATION THE DIRECTOR OR THE COMMISSION MAY REQUIRE, WHICH MAY INCLUDE INFORMATION RELATED TO LOCAL PLANNING, CAPACITY, AND INFRASTRUCTURE.
  • Local governments may keep in mind that zoning can be used to help define these special manufacturing zones. Special development agreements such as an opportunity zoning are also an option. The following documents facilitate long-term planning for a region:
    • Master Water Plan
    • Master Utility Plan
    • Designated Truck Haul Route and Maps
    • Master Transportation Plan
    • Engineering Standards and Regulations such as an Engineering and Construction Manual

Recent Development of Federal ADA PROWAG Rules Clarifications

Recent development of Federal ADA PROWAG rules clarifications. (https://www.access-board.gov/prowag/preamble.html)

Citations from the September 7, 2023 Federal Register Publication. (https://www.federalregister.gov/documents/2023/08/08/2023-16149/accessibility-guidelines-for-pedestrian-facilities-in-the-public-right-of-way) below:

  • Alterations. There are three major changes in the way alterations are treated in the final rule. First, any portion of a pedestrian facility that is altered must be altered to comply with these guidelines regardless of the intended “scope of the project” by the entity undertaking the alteration (R201.1). This approach is consistent with the way accessibility guidelines for roadways, buildings and sites are applied.
  • Second, in the final rule, facilities and portions of facilities that are “added” to an existing, developed public right-of-way are “alterations,” and are subject to the requirements for altered facilities (see R104.3; R201.1; R202). This includes compliance with the requirements to the maximum extent feasible where existing physical constraints make compliance with the applicable requirements technically infeasible (R202.3). In the proposed rule, added elements were treated as new construction and subject to full compliance with all applicable requirements regardless of existing physical constraints (NPRM R202.2)
  • Third, altered facilities must be connected to an existing pedestrian circulation path by a pedestrian access route (R202.2). In the proposed rule, only select alterations required a connection; however, to ensure that pedestrians with disabilities can realize the benefits of an altered pedestrian facility that is made accessible consistent with these guidelines, the final rule requires all altered facilities to connect to a pedestrian circulation path.
  • Crosswalk Treatments at Roundabouts. The final rule expands the crosswalk treatment options for jurisdictions to select for installation at multilane pedestrian crossings and at roundabouts to include: a traffic control signal with a pedestrian signal head, a pedestrian hybrid beacon, a pedestrian-actuated rectangular rapid flashing beacon, and a raised crossing.

In next month’s newsletter, we will discuss two more bills that are impacting local governments.

Note: The material contained in this newsletter is provided for informational purposes only and does not represent a legal opinion on any subject matter. We encourage you to review this summary and consult with your legal counsel to determine applicability to your particular situation.

Bite-Size Colorado Legislation Newsletter Sign-up

Keeping track of proposed changes and updates in legislation can be daunting. With the potential impact on local communities, staying current is crucial. If you’re looking for a way to keep informed about Colorado Legislation, you’re in the right place.

Our Colorado team leaders need help keeping tabs on changing legislation that could impact their communities. HR Green’s periodic and approachable updates are designed to give you the information you need in your inbox. Sign up below to stay on top of significant changes that could impact your community.

HR Green can help communities like yours navigate changing regulations and development needs. And we’re here when you need professional experience and insight with Plan Review, Engineering Design Services, and Grant Writing.

View Governmental Services

Making STEM Fun

Posted on by Heidi Whitver

As one of the nation’s longest-operating engineering firms, HR Green is dedicated to expanding its interest in science, technology, engineering, and math (STEM) education. However, how do we encourage students to engage with STEM education?

By making STEM fun.​

Across the country, HR Green offices work with local schools and universities by providing students the opportunity to meet engineers in a fun and engaging way to build student interest as they prepare to pursue careers in STEM.

HR Green’s Cedar Rapids, Iowa office welcomes students to an Exploring Engineering Day. The office hosts high school students from the local area interested in engineering careers. This event is an engaging, hands-on experience that introduces students to engineering in the transportation, water, municipal services, and land development fields.

STEM Students

The HR Green Colorado Springs, Colorado team makes STEM connections with the community by helping to educate future engineers and builders. The local team works closely with Careers in Construction, a non-profit organization that brings construction-based vocational education into high schools throughout Colorado. The organization provides an invaluable opportunity for students to learn about land development, homebuilding, trade skills, and possible career paths within those trades. Team leaders speak with high schools, bring students to projects under construction, and share career information with students at our office for presentations.

For the past 10 years, seniors from the Waukee School District have come to HR Green’s office in Des Moines, Iowa, and worked for 10-20 hours a week throughout the school year to gain experience in civil engineering. Many of these students go on to major in Civil Engineering in college, and some have even returned to HR Green as college interns.

In Houston, Texas, HR Green, and ASCE team together to give high school students a chance to experience a day in the life as an engineer.

In St. Paul, Minnesota, team members collaborate with the University of Minnesota by mentoring students on their senior design projects.

The Sioux Falls, South Dakota, office participates in South Dakota State University’s Ready-Set-Go workshop. This one-day workshop introduces high school-aged women to engineering, math, and science through a highly dynamic program of hands-on activities.

Learning about STEM can be fun. But engineering companies like HR Green must continue to lead the way for programming to get students involved, not only to develop a sustainable workforce for our own companies, but also for the future of our industries.

October 2023 Bite-Size Colorado Legislation News

Posted on by Heidi Whitver

Stay informed about the most recent developments in Colorado State Legislation! Keeping up-to-date with newly introduced laws is crucial, and HR Green is actively tracking the priorities of our state legislators to keep you in the loop. Here are our team’s insights on three topics that are making an immediate impact in Colorado.

SB23-166 Establishment Of A Wildfire Resiliency Code Board

(https://leg.colorado.gov/bills/sb23-166)  This bill establishes a state-level board that will adopt Model Codes, Minimum Codes, and Standards.

All model codes and minimum standards that are adopted by the board will be required to be adopted beginning on July 1, 2025, and must be reviewed every three years after and updated or supplemented as the board determines may be necessary.

“GOVERNING BODY” MEANS:

  • THE CITY COUNCIL, TOWN COUNCIL, BOARD OF TRUSTEES, OR OTHER GOVERNING BODY OF A CITY, TOWN, OR CITY AND COUNTY;
  • THE BOARD OF DIRECTORS OF A FIRE PROTECTION DISTRICT ORGANIZED PURSUANT TO PART 1 OF ARTICLE 1 OF TITLE 32;
  • THE GOVERNING BODY OF AN IMPROVEMENT DISTRICT THAT PROVIDES FIRE PROTECTION SERVICES ORGANIZED PURSUANT TO PART 5 OF ARTICLE 20 OF TITLE 30; OR

  • THE BOARD OF COUNTY COMMISSIONERS WITH RESPECT TO THE AREA WITHIN A COUNTY THAT IS OUTSIDE THE CORPORATE LIMITS OF A CITY OR TOWN AND OUTSIDE THE BOUNDARIES OF A FIRE PROTECTION DISTRICT.

As stated in the bill, “A GOVERNING BODY WITH JURISDICTION IN AN AREA WITHIN THE WILDLAND-URBAN INTERFACE THAT HAS THE AUTHORITY TO ADOPT BUILDING CODES OR FIRE CODES SHALL ADOPT A CODE THAT MEETS OR EXCEEDS THE MINIMUM STANDARDS SET FORTH IN THE CODES WITHIN THREE MONTHS OF THE BOARD ADOPTING THE CODES IN ACCORDANCE WITH SECTION 24-33.5-1236 (4)(b)(II)(D).”

HB23-1190 (https://www.leg.colorado.gov/bills/hb23-1190) was planned to be discussed in this newsletter but has since been vetoed by the governor.

Advantages of Engineering and Construction Manuals for a Governing Body

With the adoption of the wildfire resilience board, there will also be a requirement for codes and standards related to wildfire prevention and maintenance.

Engineering and Construction Codes and Standards may be directly adopted in a land development ordinance, city ordinance(s), or in a manual referred to by these ordinances. One advantage of adopting a manual is that updates may be made on an as needed basis as opposed to those governing bodies that have a specific timeline for their ordinances.

There are codes and standards in place to use as references including the Mile High Flood District Criteria and Manuals, Denver Water Regulations, CDOT construction and engineering documents, manuals, and details. Many regional authorities have codes and standards that may be adopted by a local government in place of developing their own.

Recent Development of Federal ADA PROWAG Rules Clarifications

https://www.access-board.gov/prowag/preamble.html)

Curb ramps and detectable warning surfaces are required where a pedestrian circulation path meets a vehicular way.  This may require crossings in locations such as commercial and multifamily driveway entrances and trail crossings.  On another note, elements such as accessible parking may not require truncated domes unless directly traveling into an active vehicular area.

‘In the final rule, the Board has defined “alteration” as “a change to or an addition of a pedestrian facility in an existing developed public right-of-way that affects or could affect pedestrian access, circulation, or usability” (R104.3).  In so defining “alteration,” the Board has revised the requirements for added facilities, now allowing them to comply to the maximum extent feasible where existing physical constraints make compliance with applicable requirements technically infeasible (R202.3).  The Board has also provided a definition for “developed” as “[c]ontaining buildings, pedestrian facilities, roadways, utilities, or elements” (R104.3).  Taken together, the Board expects full compliance with the requirements for new construction on undeveloped land (i.e., greenfield), while any construction undertaken in an existing developed right-of-way is expected to comply to the maximum extent feasible where existing physical constraints make compliance with applicable requirements technically infeasible.  The Board has concluded that these expectations for compliance are reasonable in light of existing infrastructure in developed rights-of-way, and the opportunity for full compliance in a new public right-of-way built on undeveloped land.’

Occasionally existing conditions such as physical constraints make full compliance with these guidelines “impracticable,” alterations must comply with the technical specifications of these guidelines. ‘In the final rule, the Board has replaced the term “impracticable” with “technically infeasible” and “extent practicable” with “maximum extent feasible,” which are the terms used in the 2004 ADA and ABA Accessibility Guidelines. See e.g., 36 CFR part 1191, App. B, 202.3 Exception 2.’  These changes are intended to help increase engineering judgement consistency.

In next month’s newsletter, we will discuss two more bills impacting local governments.

Note: The material contained in this newsletter is provided for informational purposes only and does not represent a legal opinion on any subject matter. We encourage you to review this summary and consult with your legal counsel to determine applicability to your particular situation.

Bite-Size Colorado Legislation Newsletter Sign-up

Keeping track of proposed changes and updates in legislation can be daunting. With the potential impact on local communities, staying current is crucial. If you’re looking for a way to keep informed about Colorado Legislation, you’re in the right place.

Our Colorado team leaders need help keeping tabs on changing legislation that could impact their communities. HR Green’s periodic and approachable updates are designed to give you the information you need in your inbox. Sign up below to stay on top of significant changes that could impact your community.

HR Green can help communities like yours navigate changing regulations and development needs. And we’re here when you need professional experience and insight with Plan Review, Engineering Design Services, and Grant Writing.

View Governmental Services

Aligning Engineering Ethics with HR Green’s Mission

Posted on by Heidi Whitver

In engineering, ethics serves as a guiding light, shaping decisions and actions to protect the welfare of society. At HR Green, this commitment to ethical practice is deeply intertwined with our mission, vision, and values. We firmly believe that true success stems not merely from engineering solutions but from those that enhance lives and foster stronger communities.

Our dedication to delivering solutions that surpass clients’ expectations is deeply rooted in our values. We aim to make a profound impact on the communities we serve. This dedication closely aligns with the core principles of engineering ethics. These principles emphasize the values of honesty, integrity, and an unwavering commitment to public welfare.

The Foundation of Engineering Ethics

Professional engineering ethics find a common foundation in codes and principles set forth by esteemed organizations. The National Society of Professional Engineers (NSPE) and the American Society of Civil Engineers (ASCE), alongside the solemn commitment represented by the Order of the Engineer, provide a shared framework.

  • Honesty: The Bedrock of Trust
  • Integrity: Upholding the Highest Standards
  • Professionalism: Beyond Competence
  • Protecting Health, Safety, and Welfare

A core principle of engineering ethics is the protection of public health, safety, and welfare. It’s the essence of our commitment to the greater good. Whether designing a bridge, water treatment facility, or transportation network, our primary responsibility is safeguarding the well-being of those using these systems. This principle drives us to complete designs that are reliable, resilient, secure, and free from unnecessary risks. 

The Role of Civility

An understated element in ethics, civility becomes the bridge that allows individuals to come together to navigate complex issues and arrive at responsible solutions. 

Civility: Formal politeness and courtesy in behavior or speech.

Having difficult conversations, sharing different opinions, and respecting different views is important for making ethical decisions in the workplace. Civility becomes critically important in building collaborative relationships, which is an underpinning to being ethical.

Organizations like The Ray Center at Drake University exemplify the importance of civility in their mission. They actively work towards enhancing civility by promoting character development and ethical leadership. The Ray Center recognizes that it is through civility that we can lay the foundations for ethical conduct and the betterment of our communities.

The Complexity of Ethics

The application of ethics can be tricky as we negotiate the complex dynamics of balancing public safety, professional responsibility, and organizational operations. Engineers find themselves at the intersection of technical expertise, serving clients, and attending to employer operational duties while honoring a commitment to ethics. Every decision has significant consequences for individuals, communities, and society.

This commitment to ethics becomes particularly challenging in the following areas where we must strike a delicate balance:

  1. Design Integrity: We don’t just design infrastructure. We design infrastructure to be practical, resilient, sustainable, and safe.
  2. Environmental Responsibility: We seek to minimize the environmental impact of our projects, reflecting ethical considerations.
  3. Community Engagement: Our projects often affect communities directly, so we engage with stakeholders, addressing their concerns and supporting their welfare.
  4. Transparency: We communicate openly about the implications of our work, especially in situations where the truth might be uncomfortable or competing objectives must be resolved.
  5. Continuous Improvement: We invest in our professional development to stay at the forefront of industry standards and ethical practices.
Safety Action Planning

Engineering Ethics in Practice

Our Mission: Building Communities. Improving Lives.

This mission statement is more than just words; it’s the foundation of everything we do at HR Green. Our commitment to building communities is a commitment to creating places where people thrive, where safety and welfare are paramount, and where the well-being of society is at the heart of our endeavors.

Every project, from the smallest to the most monumental, is a contribution to improving lives. It’s an active partnership with our clients to find the right answers. It’s also a promise that each person at HR Green is dedicated to enhancing the lives of those in the communities we serve.

Our Vision: Solutions That Inspire

Our vision reflects our aspirations. We don’t just want to meet expectations; we aim to exceed them. We envision solutions that inspire our employees and create lasting legacies in our communities.

Our vision aligns with the essence of professional engineering ethics, which sets high standards for integrity and professionalism. We, too, dedicate ourselves to protecting and advancing the public’s health, safety, and welfare.

Our Values: The Pillars of Our Ethical Commitment

Our values are the pillars upon which our ethical commitment is built:

Leadership: We adapt to a changing and complex world, just as ethics adapt to evolving standards of conduct.

Performance: We approach each day with an owner’s perspective, mirroring the responsibility to protect the public’s welfare.

Operational Excellence: We operate a profitable and sustainable organization in harmony with the principles of ethical behavior.

Collaboration: We build partnerships, extending our commitment to the well-being of the community to include collaboration with others.

Community: We make a difference in our offices and our communities, striving for the betterment of society, which is at the core of ethical engineering practices.

The parallels between engineering ethics and HR Green’s mission, vision, values, and practices are not coincidental but intrinsic. Our commitment to ethical engineering practices is not a choice but a necessity. We are an organization where ethical practice is a lived reality.

The shared commitment to community development, client satisfaction, and ethical conduct creates a future where the lines between HR Green and engineering ethics grow ever more synonymous. It’s the moral compass that guides us as we deliver solutions that truly build communities and improve lives.

September 2023 Bite-Size Colorado Legislation News

Posted on by Heidi Whitver

Discover the latest updates on Colorado State Legislation! As new legislation is introduced, it’s important to stay informed about the changes it may bring. HR Green is monitoring the priorities of our state legislators. Here are our team’s insights on three topics that are making an immediate impact in Colorado.

SB23-183 Local Government Provision Of Communications Services

This bill is a repealing of several portions of legislation that present processes detailing how a community shall handle communications-related community issues.

  • “Has redefined all the instances of “Advanced Service and High-Speed Internet” as Broadband Service
  • Removes the requirement: 29-27-201. Vote – referendum. (1)- Before a local government may engage or offer to engage in providing cable television service, telecommunications service, or advanced service, an election shall be called on whether or not the local government shall provide the proposed cable television service, or advance service.
  • (2) The ballot at an election conducted pursuant to this section shall pose the question as a single subject and shall include a description of the nature of the proposed service, the rol that the local government will have in provision of the service, and the intended subscribers of such service.  The ballot proposition shall not take effect until submitted to the electors and approved by the majority of those voting on the ballot.
  • There is not any mention of “Dig Once” policies, and thus these for the time being will be the responsibility of the local governments to choose if they want to adopt.

HB23-166 Establishment Of A Wildfire Resiliency Code Board

The board is currently funded for this bill, and final appointments to this board from entities shall be complete by September 30, 2023.

This board has several powers granted to it, and one is listed below.

  • (II) ADOPT MINIMUM CODES AND STANDARDS, REFERRED TO IN THIS SECTION AS THE “CODES”, THAT MUST:
    • (A) BE BASED ON BEST PRACTICES TO REDUCE THE RISK TO LIFE AND PROPERTY FROM THE EFFECTS OF WILDFIRES;
  • The bills minimum codes and standards will apply to any community identified in a Wildland-Urban Interface
    • DEFINE THE WILDLAND-URBAN INTERFACE AND IDENTIFY THE AREAS OF COLORADO THAT ARE INCLUDED WITHIN IT; EXCEPT THAT, PAGE 6-SENATE BILL 23-166 NOTWITHSTANDING THE AREA THAT THE BOARD IDENTIFIES AS INCLUDED WITHIN THE WILDLAND-URBAN INTERFACE, ANY THIRTY-FIVE ACRE PARCEL WITH ONLY ONE RESIDENTIAL STRUCTURE ON IT THAT DOES NOT ABUT A RESIDENTIAL OR COMMERCIAL AREA IS EXEMPT FROM ADHERENCE TO THE CODES. IN DEFINING COLORADO’S WILDLAND-URBAN INTERFACE, THE BOARD MAY CONSIDER BEST PRACTICES INCLUDING BUT NOT LIMITED TO PRACTICES OF OTHER STATES AND THE FEDERAL GOVERNMENT; REGIONAL DIFFERENCES AND RISKS WITHIN THE STATE; ENVIRONMENTAL, HEALTH, AND SAFETY IMPACTS; ANY EXISTING DEFINITIONS OF THE TERM WILDLAND-URBAN INTERFACE; AND INDIVIDUAL RISK PROFILES IDENTIFIED BY THE COLORADO STATE FOREST SERVICE. THE DEFINITION OF THE WILDLAND-URBAN INTERFACE SHALL BE UPDATED ONCE EVERY THREE YEARS, AS THE BOARD DETERMINES MAY BE NECESSARY.
  • Shall apply to all new construction, alterations, or repairs of structures identified in the Wildland-Urban Interface by this board

SB23-213 Land Use

As this bill did not pass in the previous legislative session, it is now one of the major topics of discussion for the next legislative session.

  • The previous bill stated that objective standards will not be violated which is typically referring to engineering design manuals and building code (typically modeled after the International Business Code (IBC) with local enhancements)
  • The “Ten Year Plan” was referred to as an instrument for the communication of the state’s residential requirements for areas related to state highway right-of-way
  • In the early versions of this bill, it was attempting to standardize state water loss accounting with the technical guidance per the AWWA “Water Audits and Loss Control Programs” Manual M36 and its accompanying free software

Note: The material contained in this newsletter is provided for informational purposes only and does not represent a legal opinion on any subject matter. We encourage you to review this summary and consult with your legal counsel to determine applicability to your particular situation.

Bite-Size Colorado Legislation Newsletter Sign-up

Keeping track of proposed changes and updates in legislation can be daunting. With the potential impact on local communities, staying up to date is crucial. If you’re looking for a way to stay informed about Colorado Legislation, you’re in the right place.

Our Colorado team leaders need help keeping tabs on changing legislation that could impact their communities. HR Green’s periodic and approachable updates are designed to give you the information you need, straight to your inbox. Sign up below to stay on top of important changes that could impact your community.

HR Green can help communities like yours navigate changing regulations and development needs. And we’re here when you need professional experience and insight with Plan Review, Engineering Design Services, and Grant Writing.

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Navigating Federal Requirements for Wetlands Protection in the U.S.

Posted on by Lynn Yeldell

New federal regulations for Waters of the United States (WOTUS), including wetlands, were announced on August 29, 2023. This follows the pivotal May 25, 2023, U.S. Supreme Court ruling Sackett v. EPA, prompting an amendment to the Revised Waters of the U.S. rule announced in December 2022 (called the 2023 Rule). The ramifications of this most recent rule change have narrowed the scope of federally safeguarded wetlands under the Clean Water Act (CWA).

Wetland Regulatory Framework

Since the creation of the Clean Water Act (CWA) in 1972, it has been significantly reorganized and redefined with changing regulations and enforcement. Regulations have always been turbulent, specifically surrounding WOTUS. 

Over the past five decades, the EPA and U.S. Army Corps of Engineers (USACE) have interpreted “Waters of the United States” to include wetlands “adjacent” to water bodies in most cases, even if a dune, levee, or other barrier intervenes.  

The landmark Sackett decision has upheaved this interpretation, casting regulation of millions of acres of wetlands and ephemeral streams into uncertainty. Federal protections for WOTUS now blanket solely those wetlands that have a continuous surface connection to relatively permanent rivers, lakes, and other aquatic resources.

Immediate Impact on Wetlands

The August 29th amendment does not revise the definition of wetlands but does limit wetlands with WOTUS protections as only those with continuous surface connections to navigable waterways used for commerce – recognized seas, lakes, rivers, and perennial streams. 

Parts of the 2023 Rule are now invalid due to the Sackett decision including:

  • The “Significant Nexus” test for wetlands near navigable waters (in place since 2006) is removed from consideration.
  • Wetlands must have a continuous surface connection to traditionally navigable water. While further guidance is needed from EPA and USACE, this could mean ephemeral streams and wetlands adjacent to ephemeral streams no longer regulated by the CWA. This is significant considering ephemeral streams and adjacent wetlands account for more than a million miles of stream and 60% of all wetlands in the U.S.
    • Even with these changes, it is important to consider that wetlands that no longer have WOTUS protections may still be regulated by state and local rules. Fewer wetlands and streams will be regulated as WOTUS with this amendment, but this does not necessarily mean the wetlands are not protected. HR Green experts can help identify permitting requirements for projects that impact wetlands.

Understanding the Importance of Wetlands

The EPA defines wetlands as “areas where water covers the soil, or is present either at or near the surface of the soil all year or for varying periods of time during the year, including during the growing season.”

Marshes, swamps, bogs, and other wetlands are not always the most photogenic features. However, they play a critical part in the overall health of an ecosystem, by maintaining biodiversity, flood control, water purification, and climate regulation. They provide habitat for numerous plant and animal species, acting as crucial stopovers for migratory birds and contributing to the overall health of ecosystems. 

Partner with HR Green on Wetland Compliance

In the evolving landscape of wetland regulations – even wetlands no longer categorized as WOTUS – may still fall under the purview of state or local rules. Additional guidance from EPA and USACE is expected soon.

As we await these clarifications, seize the opportunity to partner with our HR Green team. Together, we can comprehensively assess wetland mitigation and compliance strategies tailored specifically to your state’s regulations.

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Asset Management: A Tool for Long-term Infrastructure Planning and Budgeting

Posted on by Heidi Whitver

If someone were to ask you about the state of your fiber, water, wastewater, or transportation infrastructure, would you be able to provide a thorough answer regarding current conditions? Could you list all the assets your agency oversees, the remaining useful life of these assets, and the risks associated with your infrastructure? If yes, you are well on your way to long-term planning with accurate budget numbers. If not, there is a highly versatile and significant tool already available to your team: Asset Management. 

What is Asset Management, and Why is it Important?

Asset management is a plan that allows an agency to responsibly care for water mains, roads, bridges, equipment, and all assets involved in providing daily services to its constituents. It helps determine the necessary regular maintenance for a system to prolong its services while balancing risks associated with condition degradation and potential failures.

The value in asset management lies in its ability to be utilized instantly with the resources available on hand. In short, asset management helps provide the greatest return on investment while maintaining services. It provides answers to the following questions (and many more) about your infrastructure:

  • What does the agency own, and what are they responsible for?
  • What is each component’s current condition?
  • What is the remaining useful life of the system?
  • What is the total life cost?
  • What are the system’s associated risks?·  What service is expected by the agency’s constituents?

Starting an Asset Management Program

The major components required for an asset management program are an Asset Management Policy, Strategic Asset Management Plan, Data Collection, Service Level Targets, Asset Maintenance Schedules, and Budget. There is some flexibility in these components, allowing your agency to track assets now and scale as your needs grow, ultimately creating a comprehensive plan over time.

1. Asset Management Policy, Strategic Asset Management Plan

The Asset Management Policy and Strategic Asset Management Plan (SAMP) are the core documents to your Asset Management Program. The policy outlines your agency’s approach to asset management and how that falls under the agency’s current plans and objectives. This is a guideline for your asset management goals while keeping your agency compliant with local, state, and federal requirements. Upper management must review and approve it as the policy will help justify your future investment decisions.  

The Strategic Asset Management Plan is where you take that vision for asset management and develop several specific and succinct goals or objectives for your agency. Combined with your long-term plan for your team, these will help set the goals for the following steps as you begin your journey.

2. Data Collection

Without knowing what you own, you will not be able to create a tailored Asset Management Program that meets your agency’s needs. Often the most time-extensive component, data collection is a critical step in compiling an agency’s inventory. In this step, the agency consolidates all information available to answer the following:

  • What does an agency own?
  • How much do they own?
  • Where is it located?
  • What was it installed/replaced?
  • What condition is it in?
  • What is its remaining useful life?

If any questions cannot be answered, there is a data gap in your inventory that requires attention. Gaps should be resolved quickly and prioritized based on the value of the information, such as age or material type. If an agency’s full-time staff does not have the time to address this gap, consider using seasonal staff, interns, or hiring a consultant to complete the inventory.

3. Service Level Targets

At this point, you want to establish your service level targets for your constituents. Before you do so, you must define your stakeholders as they expand beyond those you provide services to. It also includes your Board, critical staff in the municipalities your services reach, regulators, and your staff directly in charge of running these daily activities.

The next steps include understanding what those stakeholders require and what they expect from you and your services. You may be surprised to discover that you’ve been regularly scheduling testing of your water samples once a month, when regulations may have changed to require testing weekly as the new standard.

When determining optimal service levels for your agency, it is important to balance the risk of asset failure, the asset’s cost, and the asset’s performance. While you can occasionally adjust one of these categories, the other two will increase or decrease accordingly and may need to be monitored for safety and quality purposes.

4. Asset Maintenance Schedules

Subsequently, you may set up reasonable, asset-appropriate preventative maintenance (PM) schedules. PM schedules are essential to elongate the useful lives of an asset as routine repairs are conducted to improve the asset’s condition. They are also a great proactive tool as they require staff to inspect the asset, giving the opportunity to notice any new and noteworthy malfunctions/defects to the asset.

There are various methods to track these necessary schedules for all your assets, ranging from spreadsheets to asset management software like Cartegraph, Cityworks, Brightly, AssetWorks, and/or VUEWorks to name a few. Depending on how many assets your agency has, you may want to consider software as a potential solution. With technological advances and various software options, different packages are available for various budgets. While spreadsheets can keep track of upcoming PM, software can notify the correct individual of an upcoming PM task. In addition, the software can readily track how much money you’ve spent on PMs compared to repairs to help identify costly assets needing replacement.  

5. Budget Appropriately

In this step of the asset management process, data drives the decisions on prioritizing the project list. Your Asset Management Policy and Plan have laid the groundwork for the direction your agency is heading towards, while your inventory, service level targets, and PM schedules dictate what you need to do to get there. Combining all this information allows you to focus on projects that are the most critical services for your community.

Your Asset Management Program is also designed to be another tool to use during Capital Improvement Planning. Based on previous history, it lays the groundwork for anticipated costs, providing a realistic estimate to include in your budget. Should an emergency occur or need change, your plan can pivot to account for this while maintaining focus on priorities for your agency.

6. Review and Revise

The Asset Management Program is a cyclical process that should be reviewed and revised on an annual basis, at a minimum. This is essential to your process because goals for the agency may have shifted over the last year due to a change in personnel, budgets, leadership, goals, standards, and funding requirements.

This yearly check-in also provides an opportunity to verify that current practices are not straining staff schedules and that asset conditions are beginning to improve. You can also identify if data gaps are being filled, examine the priority of those gaps, and adjust schedules if necessary. 

Time to Start

While an Asset Management Program is a multi-year project, the investment in time and effort will help your agency make the most responsible decision for your infrastructure. Doing so verifies your services are being provided at the lowest cost to you and assets are reaching their intended useful lives. HR Green is here to help you as you start your asset management program, no matter how big or small your resources allow. Contact us today to discuss your assets and develop your scalable program.

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