HOUSE BILL 22-1304
BY REPRESENTATIVE(S) Roberts and Bradfield, Jodeh, Woodrow,
Amabile, Bacon, Bernett, Bird, Boesenecker, Cutter, Daugherty, Esgar,
Exum, Froelich, Gonzales-Gutierrez, Gray, Herod, Hooton, Kennedy, Kipp,
Lindsay, Lontine, McCluskie, McCormick, McLachlan, Michaelson Jenet,
Mullica, Ortiz, Ricks, Sirota, Snyder, Sullivan, Tipper, Titone, Valdez A.,
Valdez D., Weissman, Young, Garnett;
also SENATOR(S) Coleman and Gonzales, Bridges, Buckner, Danielson,
Donovan, Fields, Ginal, Hansen, Jaquez Lewis, Kolker, Lee, Moreno,
Pettersen, Rodriguez, Story, Winter, Zenzinger, Fenberg.
C
ONCERNING STATE GRANTS FOR INVESTMENTS IN AFFORDABLE HOUSING AT
THE LOCAL LEVEL
, AND, IN CONNECTION THEREWITH, CREATING THE
LOCAL INVESTMENTS IN TRANSFORMATIONAL AFFORDABLE HOUSING
GRANT PROGRAM AND THE INFRASTRUCTURE AND STRONG
COMMUNITIES GRANT PROGRAM TO INVEST IN INFILL
INFRASTRUCTURE PROJECTS THAT SUPPORT AFFORDABLE HOUSING
,
AND MAKING AN APPROPRIATION .
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration - intent - definitions.
(1) The general assembly hereby finds, determines, and declares that:
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (a) Though it has been exacerbated by the COVID-19 pandemic, the
housing crisis that Colorado faces is not new. For decades, the lack of
affordable housing has upended the lives of thousands who face
homelessness in the Denver metropolitan area and across the state, shuttered
Colorado businesses, hindered working-class employment because of a lack
of workforce housing, and exacerbated inequities for communities of color.
(b) Currently, Colorado has a shortage of nearly 121,000 affordable
rental units, and the Colorado housing and finance authority reports that
nearly half of all Colorado renters are considered cost burdened, with an
additional 24% being severely cost burdened. The average home price in the
state increased 130% from 2011 to 2021. Statewide, the median price
increased an additional 7% from January to February 2022 and the median
price is now $555,540, a 90% increase over March 2021. The town home
and condominium market also reached a new pricing level in February 2022
and now stands at $402,390, which is an increase of 17% from February
2021. Six out of ten Colorado households are unable to afford the average
priced home. As used in this section, "cost-burdened" means that more than
30% percent of a household's monthly income is expended on housing and
"severely cost-burdened means" that more than 50% of a household's
monthly income is expended on housing.
(c) On March 11, 2021, the federal government enacted the
"American Rescue Plan Act of 2021", Pub.L. 117-2, referred to in this
section as "ARPA", pursuant to which Colorado has received
$3,828,761,790 from the federal coronavirus state fiscal recovery fund,
referred to in this section as the "SFRF", to be used for certain specified
purposes;
(d) These specified purposes include providing programs, services,
or other assistance for populations disproportionately impacted by the
COVID-19 pandemic;
(e) More specifically, federal regulations and guidance construing
dictating allocation of the SFRF promulgated by the United States treasury
identify a nonexclusive list of uses that address the disproportionate
negative economic effects of the COVID-19 pandemic, including building
stronger communities through investments in housing and neighborhoods.
Services in this category alleviate the immediate economic impact of the
PAGE 2-HOUSE BILL 22-1304 COVID-19 pandemic on housing insecurity while addressing conditions
that contributed to poor public health and economic outcomes during the
pandemic, namely concentrated areas with limited economic opportunity
and inadequate or poor quality housing.
(f) Under these regulations, SFRF money may be used for programs
or services that address housing insecurity, lack of affordable and workforce
housing, or homelessness, including:
(I) Supportive housing or other programs or services to improve
access to stable, affordable housing among unhoused individuals;
(II) The development of affordable housing to increase the supply
of affordable housing units that are livable, vibrant, and driven by
community benefits; and
(III) Housing vouchers and assistance to allow individuals to
relocate in neighborhoods with high levels of economic opportunity and to
reduce concentrated areas of low economic opportunity;
(g) In addition to enumerated uses, the SFRF regulations allow for
funds categorized as revenue replacement to be used for government
services;
(h) In House Bill 21-1329, enacted in 2021, the general assembly
created the affordable housing task force, referred to in this section as the
"task force", to develop recommendations to take advantage of this
once-in-a-lifetime spending opportunity presented by ARPA to bring
transformative policies to Colorado's housing sector that will provide
immediate, sweeping, and long-lasting change. ARPA provided the impetus
to bring together the legislative and executive branches of state government,
as well as a diverse group of stakeholders made up of affordable housing
practitioners and experts, to tackle the affordable housing crisis and
determine which investments would make the biggest impact. The
16-member task force was made up of a bipartisan group of ten members
of the general assembly and six agency directors. A 15-member subpanel
of diverse affordable housing experts was also appointed to advise the task
force. The task force and subpanel undertook a deliberative, iterative, and
transparent process. Ultimately, the task force came to near unanimous
consensus on its funding recommendations and allocations, as well as broad
PAGE 3-HOUSE BILL 22-1304 agreement on several policy concepts.
(i) The recommendations of the task force are intended to take
advantage of this once-in-a-lifetime funding opportunity, specifically, a
one-time investment of $400 million, to institute transformational housing
policies and programs that will allow the state to better meet the challenge
of providing affordable housing, from addressing homelessness to
supporting housing for Colorado's workforce; and
(j) The recommendations made by the task force will not solve
Colorado's affordable housing crisis completely but will be a
transformational step forward in achieving that objective. Once
implemented at the local level across the state, these policies will make
significant strides in increasing access to flexible capital sources, fostering
innovation, strengthening the social safety net, enhancing market stability,
and ultimately promoting more broad and equitable ownership and rental
housing for Coloradans in every corner of the state. These investments will
result in more affordable housing being built across the state and will help
to maintain existing housing stock that is at risk of becoming unsafe or
unaffordable. The recommendations will help reduce disparities and address
homelessness and will assist many Coloradans in purchasing homes that
were previously out of financial reach, which will help build
intergenerational wealth across the state.
(2) The general assembly further finds, determines, and declares that
the programs and services funded by the transfers in this act are appropriate
uses of the money transferred to Colorado under the SFRF and subsequently
transferred into the affordable housing and home ownership cash fund
created in section 24-75-229 (3)(a), C.R.S. This money will be put to
expeditious and efficient use in building stronger communities across the
state by making grants to community partners and local governments across
the state to assist these entities in making investments in housing for
populations, households, or geographic areas disproportionately affected by
the COVID-19 pandemic.
(3) By this act, the general assembly is focusing a portion of the
SFRF money that it has received from the federal government to begin to
ameliorate the affordable housing crisis in Colorado by creating and
administering a program to provide direct, flexible, and timely grant
funding to community-based nonprofit organizations and local governments
PAGE 4-HOUSE BILL 22-1304 that have or are pursuing measures to facilitate affordable housing
development or the purchase of land or buildings for and the development
of supportive, rental, transitional, and for-sale housing targeted at
populations and communities disproportionately impacted by the
COVID-19 pandemic.
(4) The general assembly intends that the grants made under this act
will be made to community-based and nonprofit organizations for housing
navigation and rehousing support, timely deployment of assistance, and
technical and legal assistance. The general assembly intends that funds
should be made available to local and regional groups and governments to
be used for a variety of needs as specified in this act.
(5) The general assembly additionally intends that the grant program
ensure flexibility of funding that will allow for operating grants to be made
to community-based nonprofit organizations and qualified local
governments, particularly in small, rural, and mountain resort communities
that can best meet their own development needs.
(6) The potential uses of SFRF money directed by this act are in
alignment with the priority articulated by the governor and legislators
representing both major political parties of investing in strong communities.
Such potential uses include funding for local infill infrastructure needs to
help support and catalyze affordable housing development and further
Colorado's sustainable development patterns, provide community benefits,
ensure multimodal connectivity, reduce greenhouse gas emissions,
strengthen social and environmental equity, and improve quality of life and
community resilience.
(7) The general assembly further intends that the structure of
funding criteria for the grant program created by this act encourage the use
of public policies that allow for the development of affordable housing on
a local basis congruent with local needs and conditions. To achieve the
greatest transformation possible, funding criteria should also aim to support
and promote the leveraging of local funding resources. When appropriate,
such funds should be aligned with loan funds from other public and private
sources and priority should be given to projects that significantly leverage
other funding sources. As part of the assistance provided by this act, the
general assembly intends that additional funds be directed to eviction legal
defense, given the ongoing challenges of evictions caused by the
PAGE 5-HOUSE BILL 22-1304 COVID-19 pandemic.
(8) The general assembly further declares that the programs and
services described in this act are important government services.
SECTION 2. In Colorado Revised Statutes, add 24-32-729 as
follows:
24-32-729. Transformational affordable housing through local
investments - grant program - investments eligible for funding - report
- definitions - repeal. (1) Definitions. A
S USED IN THIS SECTION, UNLESS
THE CONTEXT OTHERWISE REQUIRES
:
(a) "C
OMMUNITY PARTNER " MEANS A NONPROFIT ORGANIZATION
THAT UNDERTAKES ANY OF THE ACTIVITIES OR SERVICES DESCRIBED IN
SUBSECTION
(2)(b) OF THIS SECTION.
(b) "D
EPARTMENT" MEANS THE DEPARTMENT OF LOCAL AFFAIRS .
(c) "E
LIGIBLE RECIPIENT" MEANS A LOCAL GOVERNMENT OR A
COMMUNITY PARTNER THAT APPLIES FOR A GRANT THROUGH THE GRANT
PROGRAM
.
(d) "F
UND" MEANS THE LOCAL INVESTMENTS IN TRANSFORMATIONAL
AFFORDABLE HOUSING FUND CREATED IN SUBSECTION
(4)(a) OF THIS
SECTION
.
(e) "G
RANT PROGRAM" MEANS THE LOCAL INVESTMENTS IN
TRANSFORMATIONAL AFFORDABLE HOUSING GRANT PROGRAM CREATED IN
SUBSECTION
(2)(a) OF THIS SECTION.
(f) "L
OCAL GOVERNMENT" MEANS A COUNTY, MUNICIPALITY, CITY
AND COUNTY
, TRIBAL GOVERNMENT, SPECIAL DISTRICT ORGANIZED UNDER
TITLE
32, SCHOOL DISTRICT, DISTRICT, HOUSING AUTHORITY, COUNCIL OF
GOVERNMENTS
, A REGIONAL PLANNING COMMISSION ORGANIZED UNDER
TITLE
30, OR ANY OTHER POLITICAL SUBDIVISION OF THE STATE .
(g) "M
ATCH" MEANS MONETARY AND NONMONETARY
CONTRIBUTIONS TO A PROJECT
.
PAGE 6-HOUSE BILL 22-1304 (2) Creation of the grant program - projects or programs
eligible for funding. (a) T
HERE IS CREATED IN THE DIVISION THE LOCAL
INVESTMENTS IN TRANSFORMATIONAL AFFORDABLE HOUSING GRANT
PROGRAM TO PROVIDE GRANTS TO ELIGIBLE RECIPIENTS TO ENABLE SUCH
ENTITIES TO MAKE INVESTMENTS IN THEIR COMMUNITIES OR REGIONS OF THE
STATE IN TRANSFORMATIONAL AFFORDABLE HOUSING AND HOUSING
RELATED MATTERS IN ACCORDANCE WITH THE REQUIREMENTS OF THIS
SECTION
. THE DIVISION SHALL ADMINISTER THE GRANT PROGRAM .
(b) T
HE DIVISION MAY AWARD GRANTS UNDER THE GRANT PROGRAM
TO SUPPORT INVESTMENTS BY ELIGIBLE RECIPIENTS IN PROJECTS OR
PROGRAMS THAT
:
(I) D
EVELOP AND INTEGRATE INFRASTRUCTURE TIED TO AN
AFFORDABLE HOUSING DEVELOPMENT
, INCLUDING FUNDING FOR CAPITAL
CONSTRUCTION AND THE COST OF INFRASTRUCTURE DESIGN
;
(II) P
ROVIDE GAP FINANCING FOR HOUSING DEVELOPMENT PROJECTS
INCLUDING BUT NOT LIMITED TO TRANSACTIONS UNDER THE FEDERAL
LOW
-INCOME HOUSING TAX CREDIT AND THE AFFORDABLE HOUSING TAX
CREDIT CREATED IN SECTION
39-22-2102 (1) AND FOR THE PURCHASE OR
CONVERSION OF EXISTING AFFORDABLE HOUSING AND MULTI
-FAMILY
DEVELOPMENTS
, LAND, AND BUILDINGS, PARTICULARLY IN COMMUNITIES
WHERE EFFORTS HAVE BEEN MADE TO ENCOURAGE AFFORDABLE HOUSING
DEVELOPMENT OR IN COMMUNITIES IN WHICH LOW CONCENTRATIONS OF
AFFORDABLE HOUSING EXIST
;
(III) I
NCREASE NEW AFFORDABLE FOR -SALE HOUSING STOCK BY
PROVIDING FUNDING TO ASSIST WITH THE COSTS OF CONSTRUCTION
,
INCLUDING BUT NOT LIMITED TO CONSTRUCTION COSTS , LAND ACQUISITION
COSTS
, TAP FEES, BUILDING PERMITS, AND IMPACT FEES;
(IV) M
AINTAIN EXISTING AFFORDABLE HOUSING THROUGH FUNDING
FOR PRESERVATION
, RESTORATION THROUGH REHABILITATION ,
RETROFITTING, RENOVATION, CAPITAL IMPROVEMENTS , THE REPAIR OF
CURRENT AFFORDABLE HOUSING STOCK
, INCLUDING HOUSING MADE
AVAILABLE UNDER
42 U.S.C. SEC. 1437f, AND PUBLIC HOUSING FOR
POPULATIONS AND HOUSEHOLDS DISPROPORTIONATELY IMPACTED BY THE
COVID-19 PANDEMIC WITH COMMITMENTS FOR LONG -TERM
AFFORDABILITY
. THESE INVESTMENTS MAY INCLUDE BUT ARE NOT LIMITED
PAGE 7-HOUSE BILL 22-1304 TO:
(A) S
ENIOR HOUSING;
(B) R
EMEDIATION OF LOW-QUALITY AND CONDEMNED PROPERTIES ;
(C) H
OUSING UNITS THAT ARE INTEGRATED INTO NONSEGREGATED
HOUSING UNITS THAT ARE SPECIFICALLY DESIGNED FOR PEOPLE LIVING WITH
DISABILITIES
;
(D) T
HE PURCHASE AND TRANSITION OF CURRENT HOUSING STOCK ,
INCLUDING PROPERTIES CURRENTLY IN USE ON A SHORT -TERM RENTAL BASIS,
INTO AFFORDABLE HOUSING ON A LONG -TERM BASIS; AND
(E) THE PROVISION OF TIME-LIMITED RENTAL ASSISTANCE FOR
HOUSEHOLDS DISPROPORTIONATELY IMPACTED BY THE
COVID-19
PANDEMIC AND AT-RISK OF LOSING THEIR HOME OR IN NEED OF RAPID
RE
-HOUSING, INCLUDING FUNDING FOR OUTREACH , HOUSING NAVIGATION
ASSISTANCE
, AND LEGAL SERVICES.
(V) F
INANCE ENERGY IMPROVEMENTS IN SINGLE -FAMILY AND
MULTI
-FAMILY AFFORDABLE HOUSING THAT WILL PROVIDE FUNDING FOR
INCREMENTAL
, UP-FRONT COSTS FOR EFFICIENT, ELECTRIC MEASURES AND
RENEWABLE ENERGY SYSTEMS FOR BOTH EXISTING HOMES AND RENTAL
UNITS AND NEW HOUSING CONSTRUCTION
.
(VI) P
ROVIDE OR MAINTAIN PROPERTY CONVERSION FOR
TRANSITIONAL OR LONG
-TERM HOUSING;
(VII) P
ROVIDE OR MAINTAIN PERMANENT SUPPORTIVE HOUSING AND
SUPPORTIVE SERVICES
;
(VIII) P
ROVIDE OR MAINTAIN LAND BANKING AND LAND TRUST
STRATEGIES FOR LONG
-TERM AFFORDABLE HOUSING PLANNING AND
DEVELOPMENT
; AND
(IX) PROVIDE OR MAINTAIN FUNDING FOR EVICTION LEGAL DEFENSE .
(3) Policies, procedures, and guidelines. (a) O
N OR BEFORE
SEPTEMBER 1, 2022, THE DIVISION SHALL ADOPT POLICIES, PROCEDURES,
PAGE 8-HOUSE BILL 22-1304 AND GUIDELINES FOR THE GRANT PROGRAM THAT INCLUDE , WITHOUT
LIMITATION
:
(I) T
HE PROCESS BY WHICH A LOCAL GOVERNMENT OR COMMUNITY
PARTNER APPLIES FOR A GRANT AWARD AND THE CRITERIA USED TO
DETERMINE ELIGIBILITY FOR A GRANT AWARD
;
(II) P
ROCEDURES AND TIME LINES BY WHICH AN ELIGIBLE RECIPIENT
MAY APPLY FOR A GRANT
;
(III) P
ERFORMANCE CRITERIA FOR GRANT RECIPIENTS ' PROJECTS;
(IV) R
EPORTING REQUIREMENTS FOR GRANT RECIPIENTS ; AND
(V) REQUIREMENTS FOR GRANT RECIPIENTS TO OFFER A MATCH IN
RESOURCES
.
(b) I
N AWARDING GRANTS, THE DIVISION SHALL PRIORITIZE PROJECTS
OR PROGRAMS THAT
, TO THE GREATEST EXTENT PRACTICABLE , PROMOTE
ONE OR MORE OF THE FOLLOWING GOALS AND OBJECTIVES
:
(I) I
NCREASE THE SUPPLY OF HOUSING IN URBAN, RURAL, AND RURAL
RESORT COMMUNITIES ACROSS THE STATE THAT IS PROPORTIONAL TO EACH
COMMUNITY
'S DEMONSTRATED NEED THROUGH :
(A) A
PREFERENCE FOR MIXED -INCOME PROJECTS IN WHICH A
PERCENTAGE OF UNITS
, PROPORTIONAL TO THE DEMONSTRATED HOUSING
NEEDS OF THE LOCAL COMMUNITY
, WITHIN A PARTICULAR DEVELOPMENT
HAVE RESTRICTED AVAILABILITY TO HOUSEHOLDS AT AND BELOW THE
INCOME LEVELS SPECIFIED IN SUBSECTION
(3)(c) OF THIS SECTION. THE
PERCENTAGE OF RESTRICTED UNITS AND AFFORDABILITY LEVELS MUST
COMPLY WITH LAWS ENACTED BY LOCAL GOVERNMENTS PROMOTING THE
DEVELOPMENT OF NEW AFFORDABLE HOUSING UNITS PURSUANT TO SECTION
29-20-104 (1);
(B) D
EVELOPMENTS IN WHICH HOUSING UNITS ARE RESTRICTED AT
INCOME LEVELS DEMONSTRATED BY LOCAL COMMUNITY NEEDS AS SPECIFIED
IN SUBSECTION
(3)(c)(I) OF THIS SECTION;
(C) T
RANSIT ORIENTED DEVELOPMENT ;
PAGE 9-HOUSE BILL 22-1304 (D) THE INCLUSION OF HOUSING UNITS THAT ARE RESTRICTED FOR
RENTAL USAGE TO PERSONS WITH DISABILITIES OR THAT INCLUDE UNIVERSAL
DESIGN FEATURES THAT ALLOW INDIVIDUALS TO CONTINUE TO RESIDE IN
THEIR DWELLING UNITS AS THEY AGE
; OR
(E) HOUSING THAT IS RESTRICTED TO THE VICTIMS OF DOMESTIC
VIOLENCE OR SEXUAL ASSAULT
;
(II) L
EVERAGE CAPITAL AND OPERATING SUBSIDIES FROM VARIOUS
PUBLIC AND PRIVATE SOURCES
;
(III) C
REATE OPPORTUNITIES TO BUILD INTERGENERATIONAL
WEALTH FOR FAMILIES
;
(IV) P
ROMOTE THE LONG -TERM AFFORDABILITY OF ANY
DEVELOPMENTS OR PROJECTS THAT ARE FUNDED BY THE GRANT PROGRAM
;
(V) I
NVOLVE THE PURCHASE OF REAL PROPERTY NECESSARY TO
SECURE LAND AREAS NEEDED FOR FUTURE DEVELOPMENT
; OR
(VI) REPRESENT A ONE-TIME FUNDING PROPOSAL TO THE STATE WITH
MINIMAL OR NO MULTI
-YEAR FINANCIAL OBLIGATIONS AND CONTRIBUTE TO
THE OVERALL WELL
-BEING AND PROFESSIONAL AND RECREATIONAL NEEDS
OF THE LOCAL WORKFORCE AND POPULATION
.
(c) T
HE RENTAL AND HOME OWNERSHIP TARGETS APPLICABLE TO
LOCAL COMMUNITIES ACROSS THE STATE AS REQUIRED BY SUBSECTION
(3)(b)(I) OF THIS SECTION ARE SPECIFIED IN SUBSECTION (3)(c)(I) OF THIS
SECTION IN ACCORDANCE WITH THE FOLLOWING
:
(I) (A) F
OR A HOUSEHOLD RESIDING IN HOUSING ON A RENTAL BASIS
IN URBAN COUNTIES
, HOUSING MUST BE TARGETED TO HOUSEHOLDS WITH AN
ANNUAL INCOME THAT IS AT OR BELOW EIGHTY PERCENT OF THE AREA
MEDIAN INCOME OF HOUSEHOLDS OF THAT SIZE IN THE COUNTY IN WHICH
THE HOUSING IS LOCATED
.
(B) F
OR A HOUSEHOLD RESIDING IN HOUSING ON A RENTAL BASIS IN
RURAL COUNTIES
, HOUSING MUST BE TARGETED TO HOUSEHOLDS WITH AN
ANNUAL INCOME THAT IS AT OR BELOW ONE HUNDRED FORTY PERCENT OF
THE AREA MEDIAN INCOME OF HOUSEHOLDS OF THAT SIZE IN THE COUNTY IN
PAGE 10-HOUSE BILL 22-1304 WHICH THE HOUSING IS LOCATED.
(C) F
OR A HOUSEHOLD RESIDING IN HOUSING ON A RENTAL BASIS IN
RURAL RESORT COUNTIES
, HOUSING MUST BE TARGETED TO HOUSEHOLDS
WITH AN ANNUAL INCOME THAT IS AT OR BELOW ONE HUNDRED SEVENTY
PERCENT OF THE AREA MEDIAN INCOME OF HOUSEHOLDS OF THAT SIZE IN THE
COUNTY IN WHICH THE HOUSING IS LOCATED
.
(D) F
OR A HOUSEHOLD RESIDING IN HOUSING ON A HOME OWNERSHIP
BASIS IN ANY AREA OF THE STATE
, HOUSING MUST BE TARGETED TO
HOUSEHOLDS WITH AN ANNUAL INCOME THAT IS AT OR BELOW ONE HUNDRED
FORTY PERCENT OF THE AREA MEDIAN INCOME OF HOUSEHOLDS OF THAT SIZE
IN THE COUNTY IN WHICH THE HOUSING IS LOCATED
.
(II) N
OT LATER THAN SEPTEMBER 1, 2022, THE DIVISION SHALL
CLASSIFY EACH COUNTY IN THE STATE AS
"URBAN", "RURAL", OR "RURAL
RESORT
", AS THOSE TERMS ARE USED IN THIS SECTION , BASED UPON
DEFINITIONS OF THE TERMS AS SPECIFIED IN THE FINAL REPORT OF THE
COLORADO STRATEGIC HOUSING WORKING GROUP FINAL REPORT DATED
JULY 6, 2021. THE DIVISION SHALL REGULARLY UPDATE AND PUBLISH
MODIFICATION OF THE INITIAL CLASSIFICATION OF A PARTICULAR COUNTY AS
IT RECEIVES INFORMATION DOCUMENTING CHANGES IN LOCAL ECONOMIC
CIRCUMSTANCES AND HOUSING COST FACTORS MATERIALLY AFFECTING
SUCH CLASSIFICATIONS
.
(III) N
OTWITHSTANDING SUBSECTION (3)(c)(I) OR (3)(c)(II) OF THIS
SECTION
, ANY COUNTY OR MUNICIPALITY MAY REQUEST FROM THE DIVISION :
(A) A
DETERMINATION THAT A DIFFERENT INCOME RESTRICTION
SHOULD APPLY TO THAT COUNTY OR MUNICIPALITY FROM THE ONE MADE
APPLICABLE TO THE COUNTY OR MUNICIPALITY IN ACCORDANCE WITH
SUBSECTION
(3)(c)(I) OF THIS SECTION BASED UPON THE UNIQUE ECONOMIC
AND HOUSING COST FACTORS PRESENT IN THE COUNTY OR MUNICIPALITY
.
N
OT LATER THAN SEPTEMBER 1, 2022, THE DIVISION SHALL PUBLISH ANY
SUCH MODIFIED INCOME RESTRICTIONS AND THE BASIS FOR ANY
MODIFICATION APPROVED
.
(B) A
T ANY TIME, A RECLASSIFICATION OF THE COUNTY OR
MUNICIPALITY FROM THE CATEGORY IN WHICH THE COUNTY OR
MUNICIPALITY IS INITIALLY CLASSIFIED PURSUANT TO SUBSECTION
(3)(c)(II)
PAGE 11-HOUSE BILL 22-1304 BASED UPON THE UNIQUE ECONOMIC AND HOUSING COST FACTORS PRESENT
IN THE COUNTY OR MUNICIPALITY
.
(d) T
HE DIVISION SHALL EITHER CREATE OR UTILIZE AN EXISTING
PROCESS THAT ENSURES THAT GRANTS ARE ONLY CONSIDERED AND
AWARDED AFTER A FAIR AND RIGOROUS OPEN COMPETITION AM ONG ELIGIBLE
GRANT RECIPIENTS
.
(e) I
N DETERMINING GRANT AMOUNTS , THE DIVISION SHALL SEEK TO
INCREASE INVESTMENTS IN FOR
-SALE HOUSING STOCK. THE OBJECTIVE
DESCRIBED IN THIS SUBSECTION
(3)(e) MAY BE ACHIEVED BY PROVIDING
GRANTS UNDER THE GRANT PROGRAM THAT ARE LAYERED WITH AWARDS
UNDER EXISTING STATE GRANT PROGRAMS TO INCREASE SUBSIDIES ON A
PER
-UNIT BASIS.
(f) N
OTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION :
(I) T
HROUGH DECEMBER 31, 2023, THE DIVISION SHALL MAKE NOT
MORE THAN FIFTY PERCENT OF THE MONEY AVAILABLE UNDER THE GRANT
PROGRAM FOR GRANT APPLICATIONS
, DEVELOPMENTS, OR PROGRAMS THAT
ARE PROPOSED FOR RURAL OR RURAL RESORT COUNTIES ACROSS THE STATE
AND SHALL MAKE NOT MORE THAN FIFTY PERCENT OF THE FUNDS AVAILABLE
UNDER THE GRANT PROGRAM FOR GRANT APPLICATIONS
, DEVELOPMENTS, OR
PROGRAMS THAT ARE PROPOSED FOR URBAN COUNTIES ACROSS THE STATE
.
(II) A
FTER DECEMBER 31, 2023, ALL UNENCUMBERED MONEY
AVAILABLE UNDER THE GRANT PROGRAM MAY BE EXPENDED IN
ACCORDANCE WITH THIS SECTION IN ANY AREA OF THE STATE WIT HOUT
REGARD TO THE RESTRICTIONS SPECIFIED IN SUBSECTION
(3)(f)(I) OF THIS
SECTION
.
(III) N
OT LATER THAN JULY 15, 2023, THE DIVISION SHALL SUBMIT
A REPORT TO THE GENERAL ASSEMBLY SPECIFYING THE STATE OF
ENCUMBERED MONEY UNDER THE GRANT PROGRAM AS OF
JUNE 30, 2023,
AND A LIST OF PROJECTS THAT HAVE BEEN APPROVED BUT THAT ARE
AWAITING FUNDING AS OF
JUNE 30, 2023.
(g) I
N LIGHT OF DIFFERING NEEDS FOR PER HOUSING UNIT SUBSIDIES
ACROSS DIFFERENT AREAS OF THE STATE
, THE DIVISION MAY WAIVE PER UNIT
SUBSIDY AMOUNTS THAT HAVE BEEN INITIALLY SET FOR PARTICULAR
PAGE 12-HOUSE BILL 22-1304 PROJECTS OR PROGRAMS TO ADJUST FOR MARKET FACTORS IF THE PURPOSE
OF THE PROJECT HAS BEEN ACCOMPLISHED OR TO SATISFY THE INTENT OF
THE GRANT AWARD
.
(h) N
OTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION , THE
AMOUNT OF ANY GRANT AWARD UNDER THE GRANT PROGRAM AND ANY
RESTRICTIONS OR CONDITIONS PLACED UPON THE USE OF GRANT MONEY
AWARDED IS WITHIN THE DISCRETION OF THE DIVISION IN ACCORDANCE WITH
THE REQUIREMENTS OF THIS SECTION
.
(4) Fund. (a) T
HE LOCAL INVESTMENTS IN TRANSFORMATIONAL
AFFORDABLE HOUSING FUND IS CREATED IN THE STATE TREASURY
. THE FUND
CONSISTS OF MONEY TRANSFERRED TO THE FUND PURSUANT TO SUBSECTION
(4)(c) OF THIS SECTION; MONEY APPROPRIATED TO THE FUND BY THE
GENERAL ASSEMBLY
; AND ANY GIFTS, GRANTS, OR DONATIONS FROM ANY
PUBLIC OR PRIVATE SOURCES
, INCLUDING GOVERNMENTAL ENTITIES , THAT
THE DIVISION IS AUTHORIZED TO SEEK AND ACCEPT
.
(b) T
HE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME
DERIVED FROM THE INVESTMENT AND DEPOSIT OF MONEY IN THE FUND TO
THE FUND
. EXCEPT AS OTHERWISE REQUIRED BY THIS SUBSECTION (4)(b),
ALL MONEY NOT EXPENDED OR ENCUMBERED , AND ALL INTEREST EARNED ON
THE INVESTMENT OR DEPOSIT OF MONEY IN THE FUND
, MUST REMAIN IN THE
FUND AND SHALL NOT REVERT TO THE GENERAL FUND OR ANY OTHER FUND
AT THE END OF ANY FISCAL YEAR
. THE MONEY IN THE FUND IS
CONTINUOUSLY APPROPRIATED TO THE DIVISION FOR THE PURPOSES OF THIS
SECTION
. ANY MONEY IN THE FUND THAT IS NOT EXPENDED OR OBLIGATED
BY
DECEMBER 30, 2024, REVERTS TO THE "AMERICAN RESCUE PLAN ACT OF
2021" CASH FUND CREATED IN SECTION 24-75-226 (2) IN ACCORDANCE WITH
SECTION
24-75-226 (4)(d).
(c) O
N THE EFFECTIVE DATE OF THIS SECTION , OR AS SOON AS
PRACTICABLE THEREAFTER
, THE STATE TREASURER SHALL TRANSFER ONE
HUNDRED THIRTY
-EIGHT MILLION DOLLARS FROM THE AFFORDABLE HOUSING
AND HOME OWNERSHIP CASH F UND CREATED IN SECTION
24-75-229 (3)(a)
THAT ORIGINATES FROM MONEY THE STATE RECEIVED FROM THE FEDERAL
CORONAVIRUS STATE FISCAL RECOVERY FUND TO THE FUND
. THE MONEY
TRANSFERRED PURSUANT TO THIS SUBSECTION
(4) MUST ONLY BE USED FOR:
(I) M
AKING GRANTS TO ELIGIBLE RECIPIENTS PURSUANT TO THE
PAGE 13-HOUSE BILL 22-1304 GRANT PROGRAM; AND
(II) THE COSTS OF ADMINISTERING THE GRANT PROGRAM AS MAY BE
INCURRED BY THE DIVISION
. THE DEPARTMENT MAY EXPEND UP TO SIX
PERCENT OF THE MONEY APPROPRIATED OR TRANSFERRED TO THE FUND TO
PAY FOR ITS DIRECT AND INDIRECT COSTS IN ADMINISTERING THE GRANT
PROGRAM
. ALL SUCH ADMINISTRATIVE COSTS MUST BE PAID OUT OF THE
MONEY TRANSFERRED TO THE FUND PURSUANT TO THIS SUBSECTION
(4)(c).
(5) Reporting. (a) I
N CONNECTION WITH THE PUBLIC REPORT THE
DIVISION PREPARED IN ACCORDANCE WITH SECTION
24-32-705.5 (1), FOR THE
REPORT PREPARED IN
2023 AND 2024, THE DIVISION SHALL INCLUDE IN THE
REPORT INFORMATION SUMMARIZING THE USE OF ALL OF THE MONEY THAT
WAS AWARDED AS GRANTS FROM THE GRANT PROGRAM IN THE PRECEDING
STATE FISCAL YEAR
. AT A MINIMUM, THE INFORMATION INCLUDED IN THE
REPORT PERTAINING TO THE GRANT PROGRAM MUST SPECIFY THE NUMBER
OF LOCAL GOVERNMENTS OR COMMUNITY PARTNERS THAT APPLIED FOR A
GRANT AWARD
, INCLUDING THE NUMBER OF LOCAL GOVERNMENTS OR
COMMUNITY PARTNERS THAT WERE NOT AWARDED A GRANT
; THE AMOUNT
OF GRANT MONEY DISTRIBUTED TO EACH GRANT RECIPIENT
; A DESCRIPTION
OF EACH GRANT RECIPIENT
'S USE OF THE GRANT MONEY; AND HOW THE USE
OF THE GRANT AWARDED FURTHERED THE VISION OF TRANSFORMATIONAL
AFFORDABLE HOUSING DESCRIBED IN THE FINAL REPORT OF THE TASK FORCE
ESTABLISHED IN SECTION
24-75-229 (6)(a). THE DIVISION SHALL ALSO
INCLUDE IN THE REPORT ITS RECOMMENDATIONS CONCERNING FUTURE
ADMINISTRATION OF THE GRANT PROGRAM
.
(b) T
HE DIVISION AND ANY PERSON THAT RECEIVES MONEY FROM
THE DIVISION PURSUANT TO THE GRANT PROGRAM SHALL COMPLY WITH THE
COMPLIANCE
, REPORTING, RECORD-KEEPING, AND PROGRAM EVALUATION
REQUIREMENTS ESTABLISHED BY THE OFFICE OF STATE PLANNING AND
BUDGETING AND THE STATE CONTROLLER IN ACCORDANCE WITH SECTION
24-75-226 (5).
(6) Repeal. T
HIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31,
2026.
SECTION 3. In Colorado Revised Statutes, 24-32-705, amend (7)
as follows:
PAGE 14-HOUSE BILL 22-1304 24-32-705. Functions of division. (7) The division shall administer
the:
(a) Affordable housing guided toolkit and local officials guide
program in accordance with section 24-32-721.5;
AND
(b) LOCAL INVESTMENTS IN THE TRANSFORMATIONAL AFFORDABLE
HOUSING GRANT PROGRAM CREATED IN SECTION
24-32-729 (2)(a).
SECTION 4. In Colorado Revised Statutes, 24-32-705.5, add (3.7)
as follows:
24-32-705.5. Annual public report on funding of affordable
housing preservation and production - definition. (3.7) (a) F
OR THE
PUBLIC REPORT REQUIRED BY SUBSECTION
(1) OF THIS SECTION THAT THE
DIVISION IS REQUIRED TO PREPARE IN
2023 AND 2024, THE DIVISION SHALL
INCLUDE IN THE REPORT FOR EACH YEAR THE INFORMATION REQUIRED TO BE
INCLUDED IN THE REPORT IN ACCORDANCE WITH SECTION
23-32-729 (5).
(b) T
HIS SUBSECTION (3.7) IS REPEALED, EFFECTIVE JULY 1, 2026.
SECTION 5. In Colorado Revised Statutes, add 24-32-133 as
follows:
24-32-133. Infrastructure and strong communities grant
program - creation - fund - reporting - definitions - repeal.
(1) Definitions. A
S USED IN THIS SECTION, UNLESS THE CONTEXT
OTHERWISE REQUIRES
:
(a) "A
FFORDABLE HOUSING" MEANS:
(I) F
OR A HOUSEHOLD RESIDING IN HOUSING ON A RENTAL BASIS ,
ANNUAL INCOME OF THE HOUSEHOLD IS AT OR BELOW ONE HUNDRED FORTY
PERCENT OF THE AREA MEDIAN INCOME OF HOUSEHOLDS OF THAT SIZE IN THE
COUNTY IN WHICH THE HOUSING IS LOCATED
;
(II) F
OR A HOUSEHOLD RESIDING IN HOUSING ON A HOME OWNERSHIP
BASIS
, ANNUAL INCOME OF THE HOUSEHOLD AT OR BELOW ONE HUNDRED
FORTY PERCENT OF THE AREA MEDIAN INCOME OF HOUSEHOLDS OF THAT SIZE
IN THE COUNTY IN WHICH THE HOUSING IS LOCATED
; OR
PAGE 15-HOUSE BILL 22-1304 (III) FOR A HOUSEHOLD RESIDING IN HOUSING ON A HOME
OWNERSHIP BASIS IN RURAL RESORT COUNTIES
, ANNUAL INCOME OF THE
HOUSEHOLD IS AT OR BELOW ONE HUNDRED SIXTY PERCENT OF THE AREA
MEDIAN INCOME OF HOUSEHOLDS OF THAT SIZE IN THE COUNTY IN WHICH
THE HOUSING IS LOCATED
.
(b) "D
EPARTMENT" MEANS THE DEPARTMENT OF LOCAL AFFAIRS .
(c) "E
LIGIBLE EXPENSES" INCLUDE PLANNING, ENGINEERING,
INFRASTRUCTURE, AND LOCAL CAPACITY.
(d) "E
LIGIBLE LOCAL GOVERNMENT " MEANS A MUNICIPALITY OR A
COUNTY
.
(e) "F
UND" MEANS THE INFRASTRUCTURE AND STRONG COMMUNITIES
GRANT PROGRAM FUND CREATED IN SUBSECTION
(5) OF THIS SECTION.
(f) "G
RANT PROGRAM" MEANS THE INFRASTRUCTURE AND STRONG
COMMUNITIES GRANT PROGRAM CREATED IN SUBSECTION
(3)(a) OF THIS
SECTION
.
(g) "I
NFILL DEVELOPMENT" MEANS THE DEVELOPMENT OF UNUSED
AND UNDERUTILIZED LAND WITHIN EXISTING DEVELOPMENT PATTERNS
,
TYPICALLY BUT NOT EXCLUSIVELY IN URBAN AREAS .
(h) "L
OCAL GOVERNMENT" MEANS A COUNTY, MUNICIPALITY, OR A
CITY AND COUNTY
.
(i) "M
ULTI-AGENCY GROUP" MEANS THE DIVISION, THE COLORADO
ENERGY OFFICE CREATED IN SECTION
24-38.5-101 (1), AND THE
DEPARTMENT OF TRANSPORTATION CREATED IN SECTION
43-1-103 (1).
(j) "S
USTAINABLE DEVELOPMENT PATTERN " MEANS A DEVELOPMENT
PATTERN THAT MAY BE EXTENDED IN A COST
-EFFECTIVE WAY THAT
MITIGATES HARM AND MINIMIZES THE NEED FOR ADDITIONAL RESOURCES TO
MAINTAIN THE DEVELOPMENT OVER TIME
.
(k) "T
RANSIT-ORIENTED DEVELOPMENT " MEANS A DEVELOPMENT
THAT IS WITHIN WALKING DISTANCE OF A TRANSIT OR OTHER ALTERNATIVE
TRANSPORTATION FACILITY
.
PAGE 16-HOUSE BILL 22-1304 (2) Multi-agency group - best practices. (a) T HE MULTI-AGENCY
GROUP SHALL ENCOURAGE THE INVOLVEMENT OF LOCAL GOVERNMENTS
ACROSS THE STATE IN THE GRANT PROGRAM
. THE MULTI-AGENCY GROUP,
WITH THE ASSISTANCE OF STAKEHOLDERS , SHALL DEVELOP A LIST OF
SUSTAINABLE LAND USE BEST PRACTICES THAT WILL ACCOMPLISH THE GOALS
OF THE GRANT PROGRAM AND IMPROVE A LOCAL GOVERNMENT
'S VIABILITY
IN BEING CONSIDERED FOR A GRANT AWARD
.
(b) T
HE SUSTAINABLE LAND USE BEST PRACTICES REFERENCED IN
SUBSECTION
(2)(a) OF THIS SECTION WILL ADDRESS ONE OR MORE OF THE
FOLLOWING
, WITHOUT LIMITATION:
(I) E
NABLING ACCESSORY DEVELOPMENT UNITS OR THE USE OF
MULTIPLEXES BY RIGHT IN RESIDENTIAL ZONES
;
(II) Z
ONING FOR MIXED-USE HIGHER DENSITY DEVELOPMENT IN
DOWNTOWN AREAS OF MUNICIPALITIES AND AROUND TRANSIT STATIONS
;
(III) A
NNEXATION POLICIES;
(IV) I
NTERGOVERNMENTAL AGREEMENTS THAT COORDINATE
FUTURE DEVELOPMENT
;
(V) R
EDUCED PARKING REQUIREMENTS ;
(VI) R
ELAXED OCCUPANCY RULES ;
(VII) B
UDGETING POLICIES;
(VIII) W
ATER RATE STRUCTURES;
(IX) R
OAD STANDARDS;
(X) H
AZARD RISK REDUCTION AND MITIGATION STANDARDS ;
(XI) E
NERGY EFFICIENT BUILDING CODES;
(XII) Z
ONING FOR INNOVATIVE HOUSING OPTIONS , INCLUDING BUT
NOT LIMITED TO MODULAR
, MANUFACTURED, AND PREFABRICATED HOMES;
PAGE 17-HOUSE BILL 22-1304 (XIII) THE USE OF VACANT PUBLICLY OWNED REAL PROPERTY
WITHIN THE LOCAL GOVERNMENT FOR THE DEVELOPMENT OF AFFORDABLE
HOUSING
;
(XIV) P
LANNED UNIT DEVELOPMENTS WITH INTEGRATED
AFFORDABLE HOUSING UNITS
;
(XV) T
HE DEVELOPMENT OF SMALL SQUARE FOOTAGE RESIDENTIAL
UNIT SIZES
; OR
(XVI) ANY OTHER PRACTICE THAT IS DEEMED INNOVATIVE BY A
LOCAL GOVERNMENT AND APPROVED BY THE MULTI
-AGENCY WORKING
GROUP
.
(c) T
HE MULTI-AGENCY GROUP SHALL DISTRIBUTE THE SUSTAINABLE
LAND USE PRACTICES DEVELOPED PURSUANT TO SUBSECTION
(2)(b) OF THIS
SECTION TO LOCAL GOVERNMENTS SO THAT LOCAL GOVERNMENTS MAY
ANALYZE WHICH
, IF ANY, OF THESE PRACTICES MIGHT HAVE A POSITIVE
IMPACT IN THEIR COMMUNITIES
, AND THEN DETERMINE HOW TO CUSTOMIZE
THESE BEST PRACTICES AND ADOPT THEM IN THEIR COMMUNITIES AS
APPROPRIATE
.
(3) Grant program - criteria for awarding grants. (a) T
HE
INFRASTRUCTURE AND STRONG COMMUNITIES GRANT PROGRAM IS HEREBY
CREATED WITHIN THE DIVISION TO PROVIDE GRANTS TO ELIGIBLE LOCAL
GOVERNMENTS TO ENABLE LOCAL GOVERNMENTS TO INVEST IN INFILL
INFRASTRUCTURE PROJECTS THAT SUPPORT AFFORDABLE HOUSING
.
(b) T
HE DIVISION SHALL ADMINISTER THE GRANT PROGRAM , IN
CONSULTATION WITH THE
COLORADO ENERGY OFFICE, CREATED IN SECTION
24-38.5-101 (1), AND THE DEPARTMENT OF TRANSPORTATION , CREATED IN
SECTION
43-1-103 (1), AND, SUBJECT TO AVAILABLE APPROPRIATIONS ,
AWARD GRANTS IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION .
S
UBJECT TO AVAILABLE APPROPRIATIONS, GRANTS MUST BE PAID OUT OF THE
FUND CREATED IN SUBSECTION
(5) OF THIS SECTION.
(c) T
HE DIVISION SHALL DEVELOP POLICIES , PROCEDURES, AND
GUIDELINES THAT ESTABLISH THE CRITERIA THAT THE DIVISION MUST
CONSIDER IN AWARDING GRANTS PURSUANT TO THIS SECTION
. AT A
MINIMUM
, THE CRITERIA MUST INCLUDE THE CONSIDERATION OF :
PAGE 18-HOUSE BILL 22-1304 (I) THE POTENTIAL IMPACT OF A PROJECT THAT A LOCAL
GOVERNMENT WOULD FUND WITH A GRANT AWARD IN LIGHT OF THE GOALS
OF THE GRANT PROGRAM
; AND
(II) THE SUSTAINABLE LAND USE PRACTICES THAT THE LOCAL
GOVERNMENT HAS ADOPTED TO SUPPORT GREATER INFILL HOUSING SUPPLY
,
MORE AFFORDABLE HOUSING , AND SUSTAINABLE DEVELOPMENT PATTERNS .
(4) Policies, procedures, and guidelines governing use of grant
funds. (a) T
HE DIVISION SHALL DEVELOP POLICIES AND PROCEDURES TO
DETERMINE HOW GRANTS FUNDED BY THE GRANT PROGRAM MAY BE USED
.
(b) A
T A MINIMUM, THE POLICIES, PROCEDURES, AND GUIDELINES
DEVELOPED PURSUANT TO SUBSECTION
(4)(a) OF THIS SECTION MUST
REQUIRE THAT A GRANT AWARD BE USED
, AT LEAST IN PART, TO FUND
INFRASTRUCTURE PROJECTS THAT INCREASE THE SUPPLY OF AFFORDABLE
HOUSING AND THAT ARE WITHIN OR ADJACENT TO A DOWNTOWN AREA
, A
CORE BUSINESS DISTRICT OF A MUNICIPALITY
, A TRANSIT-ORIENTED
DEVELOPMENT
, OR THAT INCLUDE ONSITE EARLY CHILDHOOD CARE AND
EDUCATION SERVICES
.
(c) T
HE DIVISION SHALL ENSURE FLEXIBILITY IS AFFORDED RURAL
COUNTIES TO BE ABLE TO SEEK GRANT FUNDING THAT ADDRESSES LOCAL
OBJECTIVES THAT ARE COMPATIBLE WITH THE GOALS UNDERLYING THE
GRANT PROGRAM
.
(d) A
PORTION OF ANY GRANT AWARD MAY BE USED FOR PROJECT
DELIVERY
, PLANNING, AND COMMUNITY ENGAGEMENT .
(e) T
HE GENERAL ASSEMBLY HEREBY ENCOURAGES GRANT
RECIPIENTS TO EXPEND A PORTION OF ANY GRANT AWARD
, WHENEVER
POSSIBLE
, FOR FUNDING ACCESSIBILITY IMPROVEMENTS OR AMENITIES THAT
MAKE THE SITE OF THE PROJECT AGE
-FRIENDLY AND ACCESSIBLE FOR
PERSONS WITH DISABILITIES
.
(f) (I) N
OT LATER THAN SEPTEMBER 1, 2022, THE DIVISION OF
HOUSING
, CREATED IN SECTION 24-32-704 (1), SHALL CLASSIFY EACH
COUNTY IN THE STATE AS
"URBAN", "RURAL", OR "RURAL RESORT", AS THOSE
TERMS ARE USED IN THIS SECTION
, BASED UPON THE DEFINITIONS OF THE
TERMS AS SPECIFIED IN THE FINAL REPORT OF THE
COLORADO STRATEGIC
PAGE 19-HOUSE BILL 22-1304 HOUSING WORKING GROUP FINAL REPORT , DATED JULY 6, 2021. THE
DIVISION OF HOUSING SHALL REGULARLY UPDATE AND PUBLISH
MODIFICATIONS OF THE INITIAL CLASSIFICATION OF A PARTICULAR COUNTY
AS IT RECEIVES OR PRODUCES INFORMATION DOCUMENTING CHANGES IN
LOCAL ECONOMIC CIRCUMSTANCES AND HOUSING COST FACTORS
MATERIALLY AFFECTING SUCH CLASSIFICATIONS
.
(II) N
OTWITHSTANDING SUBSECTION (4)(f)(I) OF THIS SECTION, ANY
COUNTY OR MUNICIPALITY MAY REQUEST FROM THE DIVISION OF HOUSING
:
(A) A
DETERMINATION THAT A DIFFERENT INCOME RESTRICTION
SHOULD APPLY TO THAT COUNTY OR MUNICIPALITY FROM THE ONE MADE
APPLICABLE TO THE COUNTY OR MUNICIPALITY IN ACCORDANCE WITH
SUBSECTION
(4)(f)(I) OF THIS SECTION BASED UPON THE UNIQUE ECONOMIC
AND HOUSING COST FACTORS PRESENT IN THE COUNTY OR MUNICIPALITY
.
N
OT LATER THAN SEPTEMBER 1, 2022, THE DIVISION OF HOUSING SHALL
PUBLISH ANY SUCH MODIFIED INCOME RESTRICTIONS AND THE BASIS FOR ANY
MODIFICATION APPROVED
.
(B) A
T ANY TIME, A RECLASSIFICATION OF THE COUNTY OR
MUNICIPALITY FROM THE CATEGORY IN WHICH THE COUNTY IS INITIALLY
CLASSIFIED PURSUANT TO SUBSECTION
(4)(f)(I) OF THIS SECTION BASED
UPON THE UNIQUE ECONOMIC AND HOUSING COST FACTORS PRESENT IN THE
COUNTY OR MUNICIPALITY
.
(5) Fund - administrative costs - permitted uses - gifts, grants,
and donations. (a) T
HE INFRASTRUCTURE AND STRONG COMMUNITIES
GRANT PROGRAM FUND IS HEREBY CREATED IN THE STATE TREASURY
. THE
FUND CONSISTS OF ANY MONEY TRANSFERRED TO THE FUND
, ANY MONEY
THAT THE GENERAL ASSEMBLY MAY APPROPRIATE TO THE FUND
, AND ANY
GIFTS
, GRANTS, OR DONATIONS THAT THE DIVISION RECEIVES FOR THE GRANT
PROGRAM PURSUANT TO SUBSECTION
(5)(f) OF THIS SECTION.
(b) T
HE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME
DERIVED FROM THE INVESTMENT AND DEPOSIT OF MONEY IN THE FUND TO
THE FUND
. ALL MONEY IN THE FUND THAT IS NOT EXPENDED OR
ENCUMBERED
, AND ALL INTEREST EARNED ON THE INVESTMENT OR DEPOSIT
OF MONEY IN THE FUND
, REMAINS IN THE FUND AND SHALL NOT BE CREDITED,
TRANSFERRED, OR REVERTED TO THE GENERAL FUND OR ANY OTHER FUND
AT THE END OF ANY FISCAL YEAR
. THE MONEY IN THE FUND IS
PAGE 20-HOUSE BILL 22-1304 CONTINUOUSLY APPROPRIATED TO THE DIVISION FOR THE PURPOSES OF THIS
SECTION
.
(c) T
HE DIVISION MAY ONLY USE THE MONEY IN THE FUND FOR ONE
OR MORE OF THE FOLLOWING USES
:
(I) T
HE COSTS OF ADMINISTERING THE GRANT PROGRAM AS MAY BE
INCURRED BY THE DIVISION
. THE DEPARTMENT MAY EXPEND UP TO SIX
PERCENT OF THE MONEY APPROPRIATED OR TRANSFERRED TO THE FUND TO
PAY FOR ITS DIRECT AND INDIRECT COSTS IN CONNECTION WITH
ADMINISTERING THE USES OF GRANT FUNDING DESCRIBED IN SUBSECTION
(5)(c)(II) OF THIS SECTION.
(II) M
AKING GRANTS TO ELIGIBLE LOCAL GOVERNMENTS PURSUANT
TO THE GRANT PROGRAM TO ASSIST SUCH LOCAL GOVERNMENTS IN
:
(A) I
DENTIFYING SUSTAINABLE LAND USE BEST PRACTICES AND
SUPPORTING SUSTAINABLE DEVELOPMENT PATTERNS
;
(B) D
ETERMINING WHERE AND HOW BEST TO UPGRADE LOCAL
GOVERNMENT INFRASTRUCTURE TO SUPPORT MORE EFFICIENT
, SUSTAINABLE
DEVELOPMENT PATTERNS THAT ENABLE GREATER AFFORDABLE INFILL
HOUSING DEVELOPMENT
; AND
(C) FINANCING INFRASTRUCTURE IMPROVEMENTS .
(d) T
HE COLORADO ENERGY OFFICE , CREATED IN SECTION
24-38.5-101 (1), MAY USE MONEY IN THE FUND FOR THE DIRECT AND
INDIRECT COSTS OF EDUCATIONAL PROGRAMMING AND TECHNICAL
ASSISTANCE FOR LOCAL GOVERNMENTS THAT THE
COLORADO ENERGY
OFFICE PROVIDES PURSUANT TO SECTION
24-32-133 (2).
(e) T
HE DEPARTMENT OF TRANSPORTATION , CREATED IN SECTION
43-1-103 (1), MAY USE MONEY IN THE FUND FOR THE DIRECT AND INDIRECT
COSTS OF EDUCATIONAL PROGRAMMING AND TECHNICAL ASSISTANCE FOR
LOCAL GOVERNMENTS THAT THE DEPARTMENT OF TRANSPORTATION
PROVIDES PURSUANT TO SECTION
24-32-133 (2).
(f) T
HE DIVISION MAY SEEK, ACCEPT, AND EXPEND GIFTS, GRANTS,
OR DONATIONS FROM ANY PUBLIC OR PRIVATE RESOURCE FOR THE PURPOSES
PAGE 21-HOUSE BILL 22-1304 OF THIS SECTION. THE DIVISION SHALL TRANSMIT ALL MONEY RECEIVED
FROM GIFTS
, GRANTS, OR DONATIONS TO THE STATE TREASURER WHO SHALL
CREDIT THE MONEY TO THE FUND
.
(6) Transfer of money to fund. O
N THE EFFECTIVE DATE OF THIS
SECTION
, OR AS SOON AS PRACTICABLE THEREAFTER, THE STATE TREASURER
SHALL TRANSFER TO THE FUND FORTY MILLION DOLLARS FROM THE
AFFORDABLE HOUSING AND HOME OWNERSHIP CASH FUND CREATED IN
SECTION
24-75-229 (3)(a) THAT ORIGINATES FROM MONEY THE STATE
RECEIVED FROM THE FEDERAL CORONAVIRUS STATE FISCAL RECOVERY FUND
.
(7) Reporting. (a) O
N OR BEFORE OCTOBER 1, 2023, AND ON OR
BEFORE
OCTOBER 1 OF EACH YEAR THEREAFTER FOR THE DURATION OF THE
GRANT PROGRAM
, THE DEPARTMENT SHALL SUBMIT A SUMMARIZED REPORT
ON THE GRANT PROGRAM TO THE SENATE LOCAL GOVERNMENT COMMITTEE
AND THE HOUSE OF REPRESENTATIVES LOCAL GOVERNMENT COMMITTEE
, OR
ANY SUCCESSOR COMMITTEES
. AT A MINIMUM, THE REPORT MUST INCLUDE:
(I) T
HE NUMBER OF ADDITIONAL AFFORDABLE HOUSING UNITS AND
OVERALL HOUSING UNITS PROJECTED TO BE CREATED AS A RESULT OF THE
GRANT PROGRAM
;
(II) T
HE PROJECTED OR ESTIMATED REDUCTION IN GREENHOUSE GAS
EMISSIONS AS A RESULT OF THE GRANT PROGRAM
;
(III) T
HE ESTIMATED REDUCTION IN VEHICLE MILES TRAVELED AND
HOUSEHOLD TRANSPORTATION SAVINGS AS RESULT OF THE GRANT PROGRAM
;
AND
(IV) THE NUMBER AND TYPE OF BEST PRACTICES ADOPTED BY
ELIGIBLE LOCAL GOVERNMENTS THAT HAVE RECEIVED GRANT AWARDS
.
(b) N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE REPORTING
REQUIREMENT SPECIFIED IN SUBSECTION
(7)(a) OF THIS SECTION CONTINUES
UNTIL THE GRANT PROGRAM IS REPEALED IN ACCORDANCE WITH SUBSECTION
(8) OF THIS SECTION.
(c) T
HE DIVISION AND ANY PERSON THAT RECEIVES MONEY FROM THE
DIVISION PURSUANT TO THE GRANT PROGRAM SHALL COMPLY WITH THE
COMPLIANCE
, REPORTING, RECORD-KEEPING, AND PROGRAM EVALUATION
PAGE 22-HOUSE BILL 22-1304 REQUIREMENTS ESTABLISHED BY THE OFFICE OF STATE PLANNING AND
BUDGETING AND THE STATE CONTROLLER IN ACCORDANCE WITH SECTION
24-75-226 (5).
(8) Repeal. T
HIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31,
2026.
SECTION 6. In Colorado Revised Statutes, 24-32-104, add (8) as
follows:
24-32-104. Functions of the division - interconnectivity grant
program - interconnectivity grant program fund - reporting -
definition. (8) T
HE DIVISION SHALL ADMINISTER THE INFRASTRUCTURE AND
STRONG COMMUNITIES GRANT PROGRAM CREATED IN SECTION
24-32-133. IN
CONNECTION WITH THE ADMINISTRATION OF THE GRANT PROGRAM
, THE
DIVISION SHALL CONSULT WITH THE
COLORADO ENERGY OFFICE CREATED IN
SECTION
24-38.5-101 (1) AND THE DEPARTMENT OF TRANSPORTATION
CREATED IN SECTION
43-1-103 (1).
SECTION 7. Appropriation. (1) For the 2022-23 state fiscal year,
$431,985 is appropriated to the office of the governor. This appropriation
consists of $319,450 from reappropriated funds received from the
department of local affairs from the local investments in transformational
affordable housing fund created in section 24-32-729 (4)(a), C.R.S., that
originate from money the state received from the federal coronavirus state
fiscal recovery fund and $112,535 from reappropriated funds received from
the department of local affairs from the strong communities grant program
fund created in section 24-32-133 (5), C.R.S. To implement this act, the
office may use this appropriation as follows:
(a) $379,081, which consists of $319,450 from reappropriated funds
received from the department of local affairs from the local investments in
transformational affordable housing fund and $59,631 from reappropriated
funds received from the department of local affairs from the strong
communities grant program fund, for use by the office of information
technology to provide information technology services for the department
of local affairs, which amount is based on an assumption that the office will
require an additional 4.3 FTE to implement this act; and
(b) $52,904 from reappropriated funds received from the department
PAGE 23-HOUSE BILL 22-1304 of local affairs from the strong communities grant program fund created in
section 24-32-133 (5), C.R.S., for use by the Colorado energy office for
program administration, which amount is based on an assumption that the
office will require an additional 0.5 FTE to implement this act.
SECTION 8. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 24-HOUSE BILL 22-1304