Colorado 2022 Regular Session

Colorado Senate Bill SB159 Compare Versions

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1+Second Regular Session
2+Seventy-third General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 22-0808.01 Bob Lackner x4350
18 SENATE BILL 22-159
2-BY SENATOR(S) Bridges and Zenzinger, Buckner, Coleman, Fields,
3-Ginal, Gonzales, Hansen, Hinrichsen, Hisey, Holbert, Jaquez Lewis,
4-Kolker, Lee, Moreno, Pettersen, Rankin, Rodriguez, Scott, Simpson, Story,
5-Winter, Woodward, Fenberg;
6-also REPRESENTATIVE(S) Ortiz and Will, Amabile, Bacon, Benavidez,
7-Bernett, Bird, Boesenecker, Caraveo, Cutter, Duran, Esgar, Exum, Froelich,
8-Gonzales-Gutierrez, Herod, Hooton, Jodeh, Kipp, Lindsay, McCluskie,
9-McCormick, McLachlan, Michaelson Jenet, Ricks, Sirota, Snyder, Titone,
10-Valdez A., Valdez D., Weissman, Young, Garnett.
9+Senate Committees House Committees
10+Local Government Finance
11+Finance Appropriations
12+Appropriations
13+A BILL FOR AN ACT
1114 C
12-ONCERNING THE CREATION OF A REVOLVING LOAN FUND WITHIN THE
13-DIVISION OF HOUSING IN THE DEPARTMENT OF LOCAL AFFAIRS TO
14-MAKE INVESTMENTS IN TRANSFORMATIONAL AFFORDABLE HOUSING
15-,
16-AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
17-Be it enacted by the General Assembly of the State of Colorado:
18-SECTION 1. Legislative declaration. (1) The general assembly
19-hereby finds and declares that:
20-(a) Though it has been exacerbated by the COVID-19 pandemic, the
21-housing crisis that Colorado faces is not new. For decades, the lack of
22-NOTE: This bill has been prepared for the signatures of the appropriate legislative
23-officers and the Governor. To determine whether the Governor has signed the bill
24-or taken other action on it, please consult the legislative status sheet, the legislative
25-history, or the Session Laws.
26-________
27-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
28-through words or numbers indicate deletions from existing law and such material is not part of
29-the act. affordable housing has upended the lives of thousands who face
30-homelessness in the Denver metropolitan area and across the state, shuttered
31-Colorado businesses, hindered working-class employment because of a lack
32-of workforce housing, and exacerbated inequities, including for
33-communities of color, immigrant or mixed-status households, low-wage
34-earners, older adults, people with disabilities, and others living on fixed
35-incomes.
36-(b) Currently, Colorado requires approximately 225,000 affordable
37-for-sale and rental homes to address the state's housing crisis, and the
38-Colorado housing and finance authority reports that nearly half of all
39-Colorado renters pay at least thirty percent of their income on housing, with
40-an additional twenty-four percent paying fifty percent or more of their
41-income on housing;
42-(c) The average home price in the state increased 130% from 2011
43-to 2021. Statewide, the median home price increased an additional 7% from
44-January to February 2022, and the median price is now $555,540, a 90%
45-increase over March 2021. The townhome and condominium market also
46-reached a new pricing level in February 2022, and the median price of such
47-units now stands at $402,390, which is an increase of 17% from February
48-2021. Six out of 10 Colorado households are unable to afford the average
49-priced home.
50-(d) In House Bill 21-1329, enacted in 2021, the general assembly
51-created the affordable housing transformational task force, referred to in
52-this section as the "task force", to recommend transformational policies to
53-Colorado's housing sector that will produce immediate, sweeping, and
54-long-lasting change. The impetus of the task force brought together the
55-legislative and executive branches of state government, as well as a diverse
56-group of stakeholders made up of affordable housing practitioners and
57-experts, to tackle the affordable housing crisis and determine which
58-investments would make the biggest impact. The sixteen-member task force
59-was made up of a bipartisan group of ten members of the general assembly,
60-five agency directors, and the executive director of the Colorado housing
61-and finance authority. A fifteen-member subpanel of diverse affordable
62-housing experts was also appointed to advise the task force. The task force
63-and subpanel undertook a deliberative, iterative, and transparent process.
64-Ultimately the task force came to a near unanimous consensus on its
65-funding recommendations and allocations, as well as a broad agreement on
66-PAGE 2-SENATE BILL 22-159 several policy concepts.
67-(e) The recommendations made by the task force will not solve
68-Colorado's affordable housing crisis completely but will be a
69-transformational step forward in achieving that objective. Once
70-implemented at the local level across the state, these policies will make
71-significant strides in increasing access to flexible capital sources, fostering
72-innovation, strengthening the social safety net, enhancing market stability,
73-and ultimately promoting more broad and equitable home ownership and
74-rental housing opportunities for Coloradans in every corner of the state.
75-These investments will result in more affordable housing being built across
76-the state and will maintain existing affordable housing stock that is at risk
77-of becoming unsafe or unaffordable. The recommendations made by the
78-task force will help reduce disparities and address homelessness. They will
79-help many Coloradans purchase homes that were previously out of financial
80-reach, which will help build intergenerational wealth across the state.
81-(f) The task force also identified an equitable funding distribution
82-to effectively address the disproportionate impacts from COVID-19;
83-(g) The revolving loan program created by this act will provide
84-individuals and households across the state critical financial support with
85-more flexible loan criteria not regularly offered by traditional financial
86-institutions, thereby assisting Coloradans in obtaining necessary access to
87-capital;
88-(h) A revolving loan fund ensures that these funds are evergreen and
89-recycled many times across multiple generations, thereby assisting the
90-provision of affordable housing for all Coloradans far into the future; and
91-(i) By providing eligible recipients who face barriers in establishing
92-borrower relationships with traditional lenders access to capital, and by
93-engaging in concerted outreach and education concerning the availability
94-of this program, a revolving loan program can provide financial support to
95-unserved or underserved populations.
96-(2) The general assembly intends to address the affordable housing
97-crisis in Colorado, in part, by creating a revolving loan fund to provide
98-flexible, low-interest, and below-market rate funding that will support
99-increases in new housing developments, the preservation and rehabilitation
100-PAGE 3-SENATE BILL 22-159 of existing home stock, property conversions, and nontraditional housing
101-capacity in diverse geographic communities where the economic impact of
102-COVID-19 has significantly affected housing affordability and availability.
103-The funds provided by the revolving loan fund are intended to support the
104-development of new affordable housing units and the purchase of existing
105-affordable housing units, either rental housing or for-sale homes, including
106-mixed-income developments, and the purchase of land or buildings for
107-future development within a defined timeline. In addition, funding to
108-maintain existing affordable housing through projects that incorporate
109-permanent supportive housing is intended to compliment tangential
110-legislative efforts and aims to support individuals experiencing
111-homelessness, victims of domestic violence or sexual assault, and
112-individuals living with disabilities. Supporting the recommendations of the
113-task force, the general assembly intends that interest rates on loans made
114-available under this section be below-market rates and not exceed those
115-necessary to meaningfully advance affordable housing development or the
116-preservation of existing affordable housing stock in local communities
117-across the state. Further, money should be made available to local and
118-regional groups, governments, and community partners to be used for a
119-variety of more specific affordable housing needs across the state as
120-specified in this section.
121-SECTION 2. In Colorado Revised Statutes, add 24-32-731 as
122-follows:
123-24-32-731. Revolving loan fund - eligible projects - report -
15+ONCERNING THE CREATION OF A RE VOLVING LOAN FUND WITHIN THE101
16+DIVISION OF HOUSING IN THE DEPARTMENT OF LOCAL AFFAIRS102
17+TO MAKE INVESTMENTS IN TRANSFORMATIONAL AFFORDABLE103
18+HOUSING, AND, IN CONNECTION THEREWITH , MAKING AN
19+104
20+APPROPRIATION.105
21+Bill Summary
22+(Note: This summary applies to this bill as introduced and does
23+not reflect any amendments that may be subsequently adopted. If this bill
24+passes third reading in the house of introduction, a bill summary that
25+applies to the reengrossed version of this bill will be available at
26+http://leg.colorado.gov
27+.)
28+The bill creates the transformational affordable housing revolving
29+loan fund program (loan program) in the division of housing (division) in
30+HOUSE
31+3rd Reading Unamended
32+May 9, 2022
33+HOUSE
34+Amended 2nd Reading
35+May 3, 2022
36+SENATE
37+3rd Reading Unamended
38+April 25, 2022
39+SENATE
40+Amended 2nd Reading
41+April 22, 2022
42+SENATE SPONSORSHIP
43+Bridges and Zenzinger, Buckner, Coleman, Fenberg, Fields, Ginal, Gonzales, Hansen,
44+Hisey, Holbert, Jaquez Lewis, Kolker, Lee, Moreno, Pettersen, Rankin, Rodriguez, Scott,
45+Simpson, Winter, Woodward
46+HOUSE SPONSORSHIP
47+Ortiz and Will, Amabile, Bacon, Benavidez, Bernett, Bird, Boesenecker, Caraveo, Cutter,
48+Duran, Esgar, Exum, Froelich, Garnett, Gonzales-Gutierrez, Herod, Hooton, Jodeh, Kipp,
49+Lindsay, McCluskie, McCormick, McLachlan, Michaelson Jenet, Ricks, Sirota, Snyder,
50+Titone, Valdez A., Valdez D., Weissman, Young
51+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
52+Capital letters or bold & italic numbers indicate new material to be added to existing statute.
53+Dashes through the words indicate deletions from existing statute. the department of local affairs (department) as a revolving loan program
54+in accordance with the requirements of the bill and the policies
55+established by the division. The loan program provides flexible,
56+low-interest, and below-market rate loan funding to assist eligible
57+recipients in completing the eligible loan projects identified in the bill.
58+The division may administer the loan program or, if it determines
59+that it would be more efficient and effective to contract out full or partial
60+administration of the program, the division may enter into a contract with
61+a third-party entity to administer the loan program.
62+The division is required to establish and publicize policies for the
63+loan program. The bill specifies factors the division is encouraged to
64+consider in evaluating loan applications.
65+The transformational affordable housing revolving loan fund
66+(fund) is created in the state treasury and the bill specifies requirements
67+pertaining to the administration of the fund.
68+The bill requires a transfer of a specified sum of money to the
69+fund.
70+The division is required to report on the activities of the loan
71+program as part of the regular annual public report prepared by the
72+division on affordable housing spending undertaken by the state.
73+Be it enacted by the General Assembly of the State of Colorado:1
74+SECTION 1. Legislative declaration. (1) The general assembly2
75+hereby finds and declares that:3
76+(a) Though it has been exacerbated by the COVID-19 pandemic,4
77+the housing crisis that Colorado faces is not new. For decades, the lack of5
78+affordable housing has upended the lives of thousands who face6
79+homelessness in the Denver metropolitan area and across the state,7
80+shuttered Colorado businesses, hindered working-class employment8
81+because of a lack of workforce housing, and exacerbated inequities,
82+9
83+including for communities of color, immigrant or mixed-status10
84+households, low-wage earners, older adults, people with disabilities, and11
85+others living on fixed incomes.12
86+(b) Currently, Colorado requires approximately 225,00013
87+affordable for-sale and rental homes to address the state's housing crisis,14
88+159-2- and the Colorado housing and finance authority reports that nearly half of1
89+all Colorado renters pay at least thirty percent of their income on housing,2
90+with an additional twenty-four percent paying fifty percent or more of3
91+their income on housing;4
92+(c) The average home price in the state increased 130% from 20115
93+to 2021. Statewide, the median home price increased an additional 7%6
94+from January to February 2022, and the median price is now $555,540,7
95+a 90% increase over March 2021. The townhome and condominium8
96+market also reached a new pricing level in February 2022, and the median9
97+price of such units now stands at $402,390, which is an increase of 17%10
98+from February 2021. Six out of 10 Colorado households are unable to11
99+afford the average priced home.12
100+(d) In House Bill 21-1329, enacted in 2021, the general assembly13
101+created the affordable housing transformational task force, referred to in14
102+this section as the "task force", to recommend transformational policies15
103+to Colorado's housing sector that will produce immediate, sweeping, and16
104+long-lasting change. The impetus of the task force brought together the17
105+legislative and executive branches of state government, as well as a18
106+diverse group of stakeholders made up of affordable housing practitioners19
107+and experts, to tackle the affordable housing crisis and determine which20
108+investments would make the biggest impact. The sixteen-member task21
109+force was made up of a bipartisan group of ten members of the general22
110+assembly, five agency directors, and the executive director of the23
111+Colorado housing and finance authority. A fifteen-member subpanel of24
112+diverse affordable housing experts was also appointed to advise the task25
113+force. The task force and subpanel undertook a deliberative, iterative, and26
114+transparent process. Ultimately the task force came to a near unanimous27
115+159
116+-3- consensus on its funding recommendations and allocations, as well as a1
117+broad agreement on several policy concepts.2
118+(e) The recommendations made by the task force will not solve3
119+Colorado's affordable housing crisis completely but will be a4
120+transformational step forward in achieving that objective. Once5
121+implemented at the local level across the state, these policies will make6
122+significant strides in increasing access to flexible capital sources,7
123+fostering innovation, strengthening the social safety net, enhancing8
124+market stability, and ultimately promoting more broad and equitable9
125+home ownership and rental housing opportunities for Coloradans in every10
126+corner of the state. These investments will result in more affordable11
127+housing being built across the state and will maintain existing affordable12
128+housing stock that is at risk of becoming unsafe or unaffordable. The13
129+recommendations made by the task force will help reduce disparities and14
130+address homelessness. They will help many Coloradans purchase homes15
131+that were previously out of financial reach, which will help build16
132+intergenerational wealth across the state.17
133+(f) The task force also identified an equitable funding distribution18
134+to effectively address the disproportionate impacts from COVID-19;19
135+(g) The revolving loan program created by this act will provide20
136+individuals and households across the state critical financial support with21
137+more flexible loan criteria not regularly offered by traditional financial22
138+institutions, thereby assisting Coloradans in obtaining necessary access23
139+to capital;24
140+(h) A revolving loan fund ensures that these funds are evergreen25
141+and recycled many times across multiple generations, thereby assisting the26
142+provision of affordable housing for all Coloradans far into the future; and27
143+159
144+-4- (i) By providing eligible recipients who face barriers in1
145+establishing borrower relationships with traditional lenders access to2
146+capital, and by engaging in concerted outreach and education concerning3
147+the availability of this program, a revolving loan program can provide4
148+financial support to unserved or underserved populations.5
149+(2) The general assembly intends to address the affordable6
150+housing crisis in Colorado, in part, by creating a revolving loan fund to7
151+provide flexible, low-interest, and below-market rate funding that will8
152+support increases in new housing developments, the preservation and9
153+rehabilitation of existing home stock, property conversions, and10
154+nontraditional housing capacity in diverse geographic communities where11
155+the economic impact of COVID-19 has significantly affected housing12
156+affordability and availability. The funds provided by the revolving loan13
157+fund are intended to support the development of new affordable housing14
158+units and the purchase of existing affordable housing units, either rental15
159+housing or for-sale homes, including mixed-income developments, and16
160+the purchase of land or buildings for future development within a defined17
161+timeline. In addition, funding to maintain existing affordable housing18
162+through projects that incorporate permanent supportive housing is19
163+intended to compliment tangential legislative efforts and aims to support20
164+individuals experiencing homelessness, victims of domestic violence or21
165+sexual assault, and individuals living with disabilities. Supporting the22
166+recommendations of the task force, the general assembly intends that23
167+interest rates on loans made available under this section be below-market24
168+rates and not exceed those necessary to meaningfully advance affordable25
169+housing development or the preservation of existing affordable housing26
170+stock in local communities across the state. Further, money should be27
171+159
172+-5- made available to local and regional groups, governments, and1
173+community partners to be used for a variety of more specific affordable2
174+housing needs across the state as specified in this section.3
175+SECTION 2. In Colorado Revised Statutes, add 24-32-726 as4
176+follows:5
177+24-32-726. Revolving loan fund - eligible projects - report -6
124178 definitions - legislative declaration. (1) Definitions. A
125-S USED IN THIS
126-SECTION
127-, UNLESS THE CONTEXT OTHERWISE REQUIRES :
179+S USED IN THIS7
180+SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :8
128181 (a) "A
129-DMINISTRATOR" MEANS A THIRD-PARTY ENTITY OR ENTITIES
130-THAT THE DIVISION CONTRACTS WITH TO ADMINISTER ALL OR ANY PART OF
131-THE LOAN PROGRAM PURSUANT TO SUBSECTION
132- (2)(b) OF THIS SECTION.
133-(b) "C
134-OMMUNITY PARTNER " MEANS A NONPROFIT ORGANIZATION
135-THAT UNDERTAKES ANY OF THE ACTIVITIES OR SERVICES DESCRIBED IN
136-SUBSECTION
137-(3) OF THIS SECTION.
138-(c) "D
139-EPARTMENT" MEANS THE DEPARTMENT OF LOCAL AFFAIRS .
140-(d) "E
141-LIGIBLE RECIPIENT" MEANS A LOCAL GOVERNMENT , A
142-PAGE 4-SENATE BILL 22-159 FOR-PROFIT DEVELOPER, A COMMUNITY PARTNER , OR A POLITICAL
143-SUBDIVISION OF THE STATE THAT APPLIES FOR A LOAN THROUGH THE LOAN
144-PROGRAM
145-.
146-(e) "F
147-UND" MEANS THE TRANSFORMATIONAL AFFORDABLE HOUSING
148-REVOLVING LOAN FUND CREATED IN SUBSECTION
149- (9)(a) OF THIS SECTION.
150-(f) "L
151-OAN PROGRAM" MEANS THE TRANSFORMATIONAL AFFORDABLE
152-HOUSING REVOLVING LOAN FUND PROGRAM CREATED IN SUBSECTION
153- (2)(a)
154-OF THIS SECTION.
155-(g) "L
156-OCAL GOVERNMENT" MEANS A COUNTY, MUNICIPALITY, CITY
157-AND COUNTY
158-, TRIBAL GOVERNMENT, SPECIAL DISTRICT ORGANIZED UNDER
159-TITLE
160-32, SCHOOL DISTRICT, DISTRICT, OR A HOUSING AUTHORITY CREATED
161-UNDER PART
162-2 OF ARTICLE 4 OF TITLE 29.
182+DMINISTRATOR" MEANS A THIRD-PARTY ENTITY OR ENTITIES9
183+THAT THE DIVISION CONTRACTS WITH TO ADMINISTER ALL OR ANY PART OF10
184+THE LOAN PROGRAM PURSUANT TO SUBSECTION (2)(b) OF THIS SECTION.11
185+
186+12
187+(b) "COMMUNITY PARTNER" MEANS A NONPROFIT ORGANIZATION13
188+THAT UNDERTAKES ANY OF THE ACTIVITIES OR SERVICES DESCRIBED IN14
189+SUBSECTION (3) OF THIS SECTION.15
190+(c) "DEPARTMENT" MEANS THE DEPARTMENT OF LOCAL AFFAIRS .16
191+(d) "ELIGIBLE RECIPIENT" MEANS A LOCAL GOVERNMENT , A17
192+FOR-PROFIT DEVELOPER, A COMMUNITY PARTNER , OR A POLITICAL18
193+SUBDIVISION OF THE STATE THAT APPLIES FOR A LOAN THROUGH THE LOAN19
194+PROGRAM.20
195+(e) "FUND" MEANS THE TRANSFORMATIONAL AFFORDABLE21
196+HOUSING REVOLVING LOAN FUND CREATED IN SUBSECTION (9)(a) OF THIS22
197+SECTION.23
198+(f) "LOAN PROGRAM " MEANS THE TRANSFORMATIONAL24
199+AFFORDABLE HOUSING REVOLVING LOAN FUND PROGRAM CREATED IN25
200+SUBSECTION (2)(a) OF THIS SECTION.26
201+(g) "LOCAL GOVERNMENT" MEANS A COUNTY, MUNICIPALITY, CITY27
202+159
203+-6- AND COUNTY , TRIBAL GOVERNMENT, SPECIAL DISTRICT ORGANIZED UNDER1
204+TITLE 32, SCHOOL DISTRICT, DISTRICT, OR A HOUSING AUTHORITY CREATED2
205+UNDER PART 2 OF ARTICLE 4 OF TITLE 29.3
206+ 4
163207 (2) Creation of loan program - administration. (a) T
164-HE
165-TRANSFORMATIONAL AFFORDABLE HOUSING REVOLVING LOAN FUND
166-PROGRAM IS HEREBY CREATED IN THE DIVISION AS A REVOLVING LOAN
167-PROGRAM IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION AND
168-THE POLICIES ESTABLISHED BY THE DIVISION PURSUANT TO SUBSECTION
169-(5)
170-OF THIS SECTION. THE LOAN PROGRAM IS ESTABLISHED TO PROVIDE
171-FLEXIBLE
172-, LOW-INTEREST, AND BELOW-MARKET RATE LOAN FUNDING TO
173-ASSIST ELIGIBLE RECIPIENTS IN COMPLETING THE ELIGIBLE LOAN PROJECTS
174-IDENTIFIED IN SUBSECTION
175-(3) OF THIS SECTION.
208+HE5
209+TRANSFORMATIONAL AFFORDABLE HOUSING REVOLVING LOAN FUND6
210+PROGRAM IS HEREBY CREATED IN THE DIVISION AS A REVOLVING LOAN7
211+PROGRAM IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION AND8
212+THE POLICIES ESTABLISHED BY THE DIVISION PURSUANT TO SUBSECTION (5)9
213+OF THIS SECTION. THE LOAN PROGRAM IS ESTABLISHED TO PROVIDE10
214+FLEXIBLE, LOW-INTEREST, AND BELOW-MARKET RATE LOAN FUNDING TO11
215+ASSIST ELIGIBLE RECIPIENTS IN COMPLETING THE ELIGIBLE LOAN PROJECTS12
216+IDENTIFIED IN SUBSECTION (3) OF THIS SECTION.13
176217 (b) T
177-HE DIVISION MAY ADMINISTER THE LOAN PROGRAM OR , IF IT
178-DETERMINES THAT IT WOULD BE MORE EFFICIENT AND EFFECTIVE TO
179-CONTRACT OUT FULL OR PARTIAL ADMINISTRATION OF THE PROGRAM
180-, IT MAY
181-ENTER INTO A CONTRACT WITH A BUSINESS NONPROFIT ORGANIZATION
182-,
183-BANK, NONDEPOSITORY COMMUNITY DEVELOPMENT FI NANCIAL INSTITUTION ,
184-BUSINESS DEVELOPMENT CORPORATION , NONPROFIT ORGANIZATION THAT
185-ADMINISTERS GAP FINANCING
186-, CONSTRUCTION, OR MORTGAGE LOAN
187-PROGRAMS
188-, OR OTHER ENTITY AS DETERMINED BY THE DIVISION TO
189-ADMINISTER THE LOAN PROGRAM IN WHOLE OR IN PART
190-. IF THE DIVISION
191-CONTRACTS WITH AN ENTITY OR ENTITIES TO ADMINISTER THE PROGRAM
192-,
193-THE DIVISION SHALL USE AN OPEN AND COMPETITIVE PROCESS TO SELECT
194-THE ENTITY OR ENTITIES
195-. A CONTRACT WITH AN ADMINISTRATOR MAY
196-INCLUDE AN ADMINISTRATION FEE ESTABLISHED BY THE DIVISION AT AN
197-AMOUNT REASONABLY CALCULATED TO COVER THE ONGOING
198-PAGE 5-SENATE BILL 22-159 ADMINISTRATIVE COSTS OF THE DIVISION IN OVERSEEING THE LOAN
199-PROGRAM
200-. THE DIVISION MAY ADVANCE MONEY TO AN ENTITY UNDER A
201-CONTRACT IN PREPARATION IN THE FORM OF A GRANT OR PAYMENT FOR
202-ISSUING LOANS AND ADMINISTERING THE LOAN PROGRAM
203-.
218+HE DIVISION MAY ADMINISTER THE LOAN PROGRAM OR , IF IT14
219+DETERMINES THAT IT WOULD BE MORE EFFICIENT AND EFFECTIVE TO15
220+CONTRACT OUT FULL OR PARTIAL ADMINISTRATION OF THE PROGRAM , IT16
221+MAY ENTER INTO A CONTRACT WITH A BUSINESS NONPROFIT17
222+ORGANIZATION, BANK, NONDEPOSITORY COMMUNITY DEVELOPMENT18
223+FINANCIAL INSTITUTION, BUSINESS DEVELOPMENT CORPORATION ,19
224+NONPROFIT OR GANIZATION THAT ADMINISTERS GAP FI NANCING ,20
225+CONSTRUCTION, OR MORTGAGE LOAN PROGRAMS , OR OTHER ENTITY AS21
226+DETERMINED BY THE DIVISION TO ADMINISTER THE LOAN PROGRAM IN22
227+WHOLE OR IN PART. IF THE DIVISION CONTRACTS WITH AN ENTITY OR23
228+ENTITIES TO ADMINISTER THE PROGRAM, THE DIVISION SHALL USE AN OPEN24
229+AND COMPETITIVE PROCESS TO SELECT THE ENTITY OR ENTITIES . A25
230+CONTRACT WITH AN ADMINISTRATOR MAY INCLUDE AN ADMINISTRATION26
231+FEE ESTABLISHED BY THE DIVISION AT AN AMOUNT REASONABLY27
232+159
233+-7- CALCULATED TO COVER THE ONGOING ADMINISTRATIVE COSTS OF THE1
234+DIVISION IN OVERSEEING THE LOAN PROGRAM . THE DIVISION MAY2
235+ADVANCE MONEY TO AN ENTITY UNDER A CONTRACT IN PREPARATION IN3
236+THE FORM OF A GRANT OR PAYMENT FOR ISSUING LOANS AND4
237+ADMINISTERING THE LOAN PROGRAM .5
204238 (c) T
205-HE DIVISION MAY WORK WITH THE COLORADO HOUSING AND
206-FINANCE AUTHORITY
207-, CREATED IN SECTION 29-4-704 (1), TO ASSIST IN
208-OFFERING LOANS UNDER THE LOAN PROGRAM
209-.
239+HE DIVISION MAY WORK WITH THE COLORADO HOUSING AND6
240+FINANCE AUTHORITY, CREATED IN SECTION 29-4-704 (1), TO ASSIST IN7
241+OFFERING LOANS UNDER THE LOAN PROGRAM .8
210242 (d) A
211-NY LOAN MADE UNDER THE LOAN PROGRAM BY THE STATE , ANY
212-DEPARTMENT
213-, DIVISION, OR AGENCY OF THE STATE, OR ANY ADMINISTRATOR
214-TO A DISTRICT
215-, AS DEFINED IN SECTION 20 (2)(b) OF ARTICLE X OF THE STATE
216-CONSTITUTION
217-, MUST EITHER BE APPROVED BY THE VOTERS OF THE DISTRICT
218-IN ACCORDANCE WITH SECTION
219- 20 (4)(b) OF ARTICLE X OF THE STATE
220-CONSTITUTION OR BE STRUCTURED SO THAT IT IS NOT A MULTIPLE
221--FISCAL
222-YEAR DIRECT OR INDIRECT DISTRICT DEBT OR OTHER FINANCIAL OBLIGATION
223-WHATSOEVER THAT REQUIRES VOTER APPROVAL UNDER SECTION
224- 20 (4)(b)
225-OF ARTICLE X OF THE STATE CONSTITUTION.
243+NY LOAN MADE UNDER THE LOAN PROGRAM BY THE STATE ,
244+9
245+ANY DEPARTMENT , DIVISION, OR AGENCY OF THE STATE , OR ANY10
246+ADMINISTRATOR TO A DISTRICT , AS DEFINED IN SECTION 20 (2)(b) OF11
247+ARTICLE X OF THE STATE CONSTITUTION, MUST EITHER BE APPROVED BY12
248+THE VOTERS OF THE DISTRICT IN ACCORDANCE WITH SECTION 20 (4)(b) OF13
249+ARTICLE X OF THE STATE CONSTITUTION OR BE STRUCTURED SO THAT IT14
250+IS NOT A MULTIPLE-FISCAL YEAR DIRECT OR INDIRECT DISTRICT DEBT OR15
251+OTHER FINANCIAL OBLIGATION WHATSOEVER THAT REQUIRES VOTER16
252+APPROVAL UNDER SECTION 20 (4)(b) OF ARTICLE X OF THE STATE17
253+CONSTITUTION.18
226254 (3) Eligible loan projects. I
227-N ORDER TO RECEIVE LOAN FUNDING
228-UNDER THE LOAN PROGRAM
229-, THE PROJECT FOR WHICH THE LOAN APPLICANT
230-SEEKS LOAN FUNDING MUST DO ONE OR MORE OF THE FOLLOWING
231-:
255+N ORDER TO RECEIVE LOAN FUNDING19
256+UNDER THE LOAN PROGRAM , THE PROJECT FOR WHICH THE LOAN20
257+APPLICANT SEEKS LOAN FUNDING MUST DO ONE OR MORE OF THE21
258+FOLLOWING:22
232259 (a) D
233-EVELOP AND INTEGRATE HOUSING -RELATED INFRASTRUCTURE
234-TO OFFSET CONSTRUCTION AND PREDEVELOPMENT COSTS
235-;
260+EVELOP AND INTEGRATE HOUSING -RELATED INFRASTRUCTURE23
261+TO OFFSET CONSTRUCTION AND PREDEVELOPMENT COSTS ;24
236262 (b) P
237263 ROVIDE GAP FINANCING FOR HOUSING DEVELOPMENT ,
238-INCLUDING TRANSACTIONS UNDER THE FEDERAL LOW -INCOME TAX CREDIT
239-DEFINED IN SECTION
240-39-22-2101 (7) AND THE AFFORDABLE HOUSING TAX
241-CREDIT CREATED IN SECTION
242-39-22-2102 (1). FOR PURPOSES OF THIS
243-SUBSECTION
244- (3)(b), GAP FINANCING INCLUDES FINANCING MECHANISMS
245-THAT ALLOW PERSONS SEEKING AFFORDABLE HOUSING TO PURCHASE
246-EXISTING AFFORDABLE HOUSING
247-, MULTI-FAMILY STRUCTURES, LAND, AND
248-BUILDINGS
249-, PARTICULARLY IN COMMUNITIES WHERE EFFORTS HAVE BEEN
250-MADE TO ENCOURAGE AFFORDABLE HOUSING DEVELOPMENT OR IN
251-COMMUNITIES IN WHICH LOW CONCENTRATIONS OF AFFORDABLE HOUSING
252-EXIST
253-.
264+25
265+INCLUDING TRANSACTIONS UNDER THE FEDERAL LOW -INCOME TAX CREDIT26
266+DEFINED IN SECTION 39-22-2101 (7) AND THE AFFORDABLE HOUSING TAX27
267+159
268+-8- CREDIT CREATED IN SECTION 39-22-2102 (1). FOR PURPOSES OF THIS1
269+SUBSECTION (3)(b), GAP FINANCING INCLUDES FINANCING MECHANISMS2
270+THAT ALLOW PERSONS SEEKING AFFORDABLE HOUSING TO PURCHASE3
271+EXISTING AFFORDABLE HOUSING, MULTI-FAMILY STRUCTURES, LAND, AND4
272+BUILDINGS, PARTICULARLY IN COMMUNITIES WHERE EFFORTS HAVE BEEN5
273+MADE TO ENCOURAGE AFFORDABLE HOUSING DEVELOPMENT OR IN6
274+COMMUNITIES IN WHICH LOW CONCENTRATIONS OF AFFORDABLE HOUSING7
275+EXIST.8
254276 (c) I
255277 NCREASE THE SUPPLY OF NEW AFFORDABLE FOR -SALE HOUSING
256-STOCK BY PROVIDING FUNDING TO ASSIST WITH THE COST OF CONSTRUCTION
257-,
258-PAGE 6-SENATE BILL 22-159 INCLUDING BUT NOT LIMITED TO COSTS ASSOCIATED WITH CONSTRUCTION
259-COSTS
260-, LAND ACQUISITION, TAP FEES, BUILDING PERMITS, OR IMPACT FEES.
261-(d) M
262-AINTAIN EXISTING AFFORDABLE HOUSING THROUGH FUNDING
263-FOR THE PRESERVATION AND RESTORATION OF AFFORDABLE HOUSING STOCK
264-THROUGH REHABILITATION
265-, RETROFITTING, RENOVATION, CAPITAL
266-IMPROVEMENTS
267-, AND REPAIR OF CURRENT AFFORDABLE HOUSING STOCK ,
268-INCLUDING HOUSING MADE AVAILABLE UNDER 42 U.S.C. SEC. 1437f AND
269-AFFORDABLE HOUSING FOR POPULATIONS AND HOUSEHOLDS
270-DISPROPORTIONATELY IMPACTED BY THE
271-COVID-19 PANDEMIC WITH
272-COMMITMENTS FOR LONG
273--TERM AFFORDABILITY. THE USES COVERED BY
274-THIS SUBSECTION
275- (3)(d) MUST INCLUDE INVESTMENTS IN ONE OR MORE OF
276-THE FOLLOWING
277-:
278+9
279+STOCK BY PROVIDING FUNDING TO ASSIST WITH THE COST OF10
280+CONSTRUCTION, INCLUDING BUT NOT LIMITED TO COSTS ASSOCIATED WITH11
281+CONSTRUCTION COSTS, LAND ACQUISITION, TAP FEES, BUILDING PERMITS,12
282+OR IMPACT FEES.13
283+(d) MAINTAIN EXISTING AFFORDABLE HOUSING THROUGH F UNDING14
284+FOR THE PRESERVATION AND RESTORATION OF AFFORDABLE HOUSING15
285+STOCK THROUGH REHABILITATION , RETROFITTING, RENOVATION, CAPITAL16
286+IMPROVEMENTS, AND REPAIR OF CURRENT AFFORDABLE HOUSING STOCK ,17
287+INCLUDING HOUSING MADE AVAILABLE UNDER 42 U.S.C. SEC. 1437f AND18
288+AFFORDABLE HOUSING FOR POPULATIONS AND HOUSEHOLDS19
289+DISPROPORTIONATELY IMPACTED BY THE COVID-19 PANDEMIC WITH20
290+COMMITMENTS FOR LONG -TERM AFFORDABILITY. THE USES COVERED BY21
291+THIS SUBSECTION (3)(d) MUST INCLUDE INVESTMENTS IN ONE OR MORE OF22
292+THE FOLLOWING:23
278293 (I) S
279-ENIOR HOUSING;
294+ENIOR HOUSING;24
280295 (II) T
281-HE PURCHASE OF AND THE REMEDIATION OF LOW -QUALITY OR
282-CONDEMNED PROPERTIES
283-;
296+HE PURCHASE OF AND THE
297+ REMEDIATION OF LOW-QUALITY OR25
298+CONDEMNED PROPERTIES ;26
284299 (III) H
285-OUSING UNITS, INTEGRATED INTO NONSEGREGATED HOUSING
286-DEVELOPMENTS
287-, SPECIFICALLY DESIGNED FOR PEOPLE LIVING WITH
288-DISABILITIES
289-;
300+OUSING UNITS, INTEGRATED INTO NONSEGREGATED
301+27
302+159
303+-9- HOUSING DEVELOPMENTS , SPECIFICALLY DESIGNED FOR PEOPLE LIVING1
304+WITH DISABILITIES;2
290305 (IV) W
291-EATHERIZATION AND ENERGY IMPROVEMENTS TO
292-MULTI
293--FAMILY AND SINGE-FAMILY RESIDENTS TO MAINTAIN AND IMPROVE
294-THE QUALITY OF AFFORDABLE HOMES AND RENTAL UNITS
295-;
306+EATHERIZATION AND ENERGY IMPROVEMENTS TO3
307+MULTI-FAMILY AND SINGE-FAMILY RESIDENTS TO MAINTAIN AND IMPROVE4
308+THE QUALITY OF AFFORDABLE HOMES AND RENTAL UNITS ;5
296309 (V) T
297-HE PURCHASE AND TRANSITION OF CURRENT HOUSING STOCK
298-INTO AFFORDABLE HOUSING
299-, INCLUDING PROPERTIES CURRENTLY IN USE ON
300-A SHORT
301--TERM RENTAL BASIS;
310+HE PURCHASE AND TRANSITION OF CURRENT HOUSING STOCK6
311+INTO AFFORDABLE HOUSING, INCLUDING PROPERTIES CURRENTLY IN USE7
312+ON A SHORT-TERM RENTAL BASIS;8
302313 (VI) P
303-ROGRAMS OR INITIATIVES TO ENSURE THAT EXISTING HOUSING
304-REMAINS AFFORDABLE FOR LOCAL WORKFORCE OR COMMUNITY
305-HOUSEHOLDS
306-;
314+ROGRAMS OR INITIATIVES TO ENSURE THAT EXISTING9
315+HOUSING REMAINS AFFORDABLE FOR LOCAL WORKFORCE OR COMMUNITY10
316+HOUSEHOLDS;11
307317 (VII) L
308-AND ACQUISITION FOR AFFORDABLE HOUSING ;
318+AND ACQUISITION FOR AFFORDABLE HOUSING ;12
309319 (VIII) P
310-ROPERTY CONVERSION AND ADAPTIVE REUSE ; OR
311-(IX) PERMANENT SUPPORTIVE HOUSING .
312-PAGE 7-SENATE BILL 22-159 (e) FINANCE ENERGY IMPROVEMENTS IN AFFORDABLE HOUSING ,
313-WHICH WILL PROVIDE FUNDING FOR INCREMENTAL UP -FRONT COSTS FOR
314-EFFICIENT
315-, ELECTRIC MEASURES, AND RENEWABLE ENERGY SYSTEMS FOR
316-BOTH EXISTING BUILDINGS AND NEW HOUSING CONSTRUCTION
317-.
320+ROPERTY CONVERSION AND ADAPTIVE REUSE ; OR13
321+(IX) P
322+ERMANENT SUPPORTIVE HOUSING .14
323+(e)
324+ FINANCE ENERGY IMPROVEMENTS IN AFFORDABLE HOUSING ,15
325+WHICH WILL PROVIDE FUNDING FOR INCREMENTAL UP -FRONT COSTS FOR16
326+EFFICIENT, ELECTRIC MEASURES, AND RENEWABLE ENERGY SYSTEMS FOR17
327+BOTH EXISTING BUILDINGS AND NEW HOUSING CONSTRUCTION .18
318328 (f) C
319329 REATE PERMANENTLY OR LONG -TERM AFFORDABLE
320-HOMEOWNERSHIP OPPORTUNITIES
321-.
330+19
331+HOMEOWNERSHIP OPPORTUNITIES .20
322332 (4) Loan program goals. (a) T
323-HE LOAN PROGRAM MUST BE
324-ADMINISTERED WITH A GOAL OF GENERATING ENOUGH RETURN ON LOANS
325-MADE UNDER THE LOAN PROGRAM TO REPLENISH THE LOAN PROGRAM FOR
326-FUTURE LOAN ALLOCATIONS
327-.
333+HE LOAN PROGRAM MUST BE21
334+ADMINISTERED WITH A GOAL OF GENERATING ENOUGH RETURN ON LOANS22
335+MADE UNDER THE LOAN PROGRAM TO REPLENISH THE LOAN PROGRAM FOR23
336+FUTURE LOAN ALLOCATIONS .24
328337 (b) A
329-LL LOANS FINANCED THROUGH THE LOAN PROGRAM MUST
330-OFFER FLEXIBLE TERMS AND LOW
331--INTEREST AND BELOW-MARKET RATES.
332-(5) Loan program policies - eligibility for loan funding. (a) T
333-HE
334-DIVISION OR THE ADMINISTRATOR
335-, AS APPLICABLE, SHALL ESTABLISH AND
336-PUBLICIZE POLICIES FOR THE LOAN PROGRAM
337-. AT A MINIMUM, THE POLICIES
338-MUST ADDRESS
339-:
340-(I) T
341-HE PROCESS AND DEADLINES FOR APPLYING FOR AND RECEIVING
342-A LOAN UNDER THE LOAN PROGRAM
343-, INCLUDING THE INFORMATION AND
344-DOCUMENTATION REQUIRED FOR A LOAN APPLICATION
345-;
346-(II) E
347-LIGIBILITY CRITERIA FOR INDIVIDUALS OR ENTITIES APPLYING
348-FOR A LOAN UNDER THE LOAN PROGRAM
349-;
350-(III) T
351-HE MAXIMUM ASSISTANCE LEVELS FOR LOANS ;
352-(IV) L
353-OAN TERMS, INCLUDING INTEREST RATES AND REPAYMENT
354-TERMS
355-;
356-(V) R
357-EPORTING REQUIREMENTS FOR LOAN RECIPIENTS ;
358-(VI) L
359-OAN PROGRAM FEES , INCLUDING THE APPLICATION FEE ,
360-ORIGINATION FEE, AND CLOSING COST POLICIES;
361-(VII) U
362-NDERWRITING AND RISK MANAGEMENT POLICIES ;
363-PAGE 8-SENATE BILL 22-159 (VIII) THE AMOUNT OF ANY APPLICATION OR ORIGINATION FEES AND
364-CLOSING COST POLICIES
365-;
366-(IX) T
367-HE MEANS BY WHICH ELIGIBLE RECIPIENTS WHO FACE
368-BARRIERS IN ESTABLISHING BORROWER RELATIONSHIPS WITH TRADITIONAL
369-LENDERS WILL BE INFORMED OF THE LOAN PROGRAM AND ENCOURAGED TO
370-APPLY FOR A LOAN FINANCED THROUGH THE LOAN PROGRAM
371-; AND
372-(X) ANY ADDITIONAL REQUIREMENTS THAT THE DIVISION DEEMS
373-NECESSARY TO ADMINISTER THE LOAN PROGRAM
374-.
375-(b) (I) I
376-N CONNECTION WITH THE POLICIES FOR THE LOAN PROGRAM
377-THAT THE DIVISION OR THE ADMINISTRATOR IS REQUIRED TO ESTABLISH AND
378-PUBLICIZE PURSUANT TO SUBSECTION
379- (5)(a) OF THIS SECTION, THE POLICIES
380-MUST SPECIFY THAT
381-, IN ORDER FOR AN ELIGIBLE RECIPIENT TO OBTAIN LOAN
382-FUNDING DIRECTLY FROM THE DIVISION
383-, AN ELIGIBLE RECIPIENT MUST
384-FOLLOW PROCEDURES THAT SHALL BE SPECIFIED BY THE DIVISION TO
385-DOCUMENT THE AMOUNT OF LEVERAGED FUNDS PROPOSED OR COMMITTED
386-AS PART OF A LOAN APPLICATION AND THE AMOUNT OF FUNDING SOUGHT
387-FROM OTHER SOURCES
388-, INCLUDING DEMONSTRATED EFFORTS BY THE
389-ELIGIBLE RECIPIENT TO OBTAIN FINANCING FOR LOAN FUNDING FROM
390-FINANCIAL INSTITUTIONS
391-.
392-(II) N
393-OTWITHSTANDING ANY OTHER PROVISION OF LAW , A LIEN FILED
394-BY THE DIVISION
395-, IS SUPERIOR ONLY TO ANY OTHER LIEN PLACED ON THE
396-SAME ASSETS THAT IS FILED LATER IN TIME EXCEPT FOR A LIEN FOR UNPAID
397-PROPERTY TAXES
398-.
399-(6) Prioritization criteria. (a) T
400-HE GENERAL ASSEMBLY HEREBY
401-ENCOURAGES THE DIVISION
402-, TO THE EXTENT PRACTICABLE, IN REVIEWING
403-LOAN APPLICATIONS
404-, TO CONSIDER PRIORITIZING APPLICATIONS FOR
405-PROJECTS THAT
406-:
338+LL LOANS FINANCED THROUGH THE LOAN PROGRAM MUST25
339+OFFER FLEXIBLE TERMS AND LOW-INTEREST AND BELOW-MARKET RATES.26
340+(5) Loan program
341+policies - eligibility for loan funding. (a)27
342+159
343+-10- THE DIVISION OR THE ADMINISTRATOR, AS APPLICABLE, SHALL ESTABLISH1
344+AND PUBLICIZE POLICIES FOR THE LOAN PROGRAM . AT A MINIMUM, THE2
345+POLICIES MUST ADDRESS:3
346+(I) THE PROCESS AND DEADLINES FOR APPLYING FOR AND4
347+RECEIVING A LOAN UNDER THE LOAN PROGRAM , INCLUDING THE5
348+INFORMATION AND DOCUMENTATION REQUIRED FOR A L OAN APPLICATION ;6
349+(II) ELIGIBILITY CRITERIA FOR INDIVIDUALS OR ENTITIES APPLYING7
350+FOR A LOAN UNDER THE LOAN PROGRAM ;8
351+(III) THE MAXIMUM ASSISTANCE LEVELS FOR LOANS ;9
352+(IV) LOAN TERMS, INCLUDING INTEREST RATES AND REPAYMENT10
353+TERMS;11
354+(V) REPORTING REQUIREMENTS FOR LOAN RECIPIENTS ;12
355+(VI) LOAN PROGRAM FEES, INCLUDING THE APPLICATION FEE ,13
356+ORIGINATION FEE, AND CLOSING COST POLICIES;14
357+(VII) UNDERWRITING AND RISK MANAGEMENT POLICIES ;15
358+(VIII) THE AMOUNT OF ANY APPLICATION OR ORIGINATION FEES16
359+AND CLOSING COST POLICIES; 17
360+(IX) THE MEANS BY WHICH ELIGIBLE RECIPIENTS WHO FACE18
361+BARRIERS IN ESTABLISHING BORROWER RELATIONSHIPS WITH TRADITIONAL19
362+LENDERS WILL BE INFORMED OF THE LOAN PROGRAM AND ENCOURAGED TO20
363+APPLY FOR A LOAN FINANCED THROUGH THE LOAN PROGRAM ; AND21
364+(X) ANY ADDITIONAL REQUIREMENTS THAT THE DIVISION DEEMS22
365+NECESSARY TO ADMINISTER THE LOAN PROGRAM .23
366+(b) (I) IN CONNECTION WITH THE POLICIES FOR THE LOAN PROGRAM24
367+THAT THE DIVISION OR THE ADMINISTRATOR IS REQUIRED TO ESTABLISH25
368+AND PUBLICIZE PURSUANT TO SUBSECTION (5)(a) OF THIS SECTION, THE26
369+POLICIES MUST SPECIFY THAT, IN ORDER FOR AN ELIGIBLE RECIPIENT TO27
370+159
371+-11- OBTAIN LOAN FUNDING DIRECTLY FROM THE DIVISION , AN ELIGIBLE1
372+RECIPIENT MUST FOLLOW PROCEDURES THAT SHALL BE SPECIFIED BY THE2
373+DIVISION TO DOCUMENT THE AMOUNT OF LEVERAGED F UNDS PROPOSED OR3
374+COMMITTED AS PART OF A LOAN APPLICATION AND THE AMOUNT OF4
375+FUNDING SOUGHT FROM OTHER SOURCES, INCLUDING DEMONSTRATED5
376+EFFORTS BY THE ELIGIBLE RECIPIENT TO OBTAIN FINANCING FOR LOAN6
377+FUNDING FROM FINANCIAL INSTITUTIONS .7
378+(II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A LIEN8
379+FILED BY THE DIVISION, IS SUPERIOR ONLY TO ANY OTHER LIEN PLACED ON9
380+THE SAME ASSETS THAT IS FILED LATER IN TIME EXCEPT FOR A LIEN FOR10
381+UNPAID PROPERTY TAXES.11
382+(6) Prioritization criteria. (a) THE GENERAL ASSEMBLY HEREBY12
383+ENCOURAGES THE DIVISION, TO THE EXTENT PRACTICABLE, IN REVIEWING13
384+LOAN APPLICATIONS, TO CONSIDER PRIORITIZING APPLICATIONS FOR14
385+PROJECTS THAT:15
407386 (I) I
408-NCREASE THE SUPPLY OF HOUSING IN COMMUNITIES ACROSS THE
409-STATE IN PROPORTION TO EACH COMMUNITY
410-'S DEMONSTRATED HOUSING
411-NEEDS THROUGH
412-:
387+NCREASE THE SUPPLY OF HOUSING IN COMMUNITIES ACROSS
388+16
389+THE STATE IN PROPORTION TO EACH COMMUNITY 'S DEMONSTRATED17
390+HOUSING NEEDS THROUGH :18
413391 (A) A
414392 PREFERENCE FOR MIXED-INCOME PROJECTS IN WHICH A
415-PERCENTAGE OF UNITS
416-, PROPORTIONAL TO THE DEMONSTRATED HOUSING
417-NEEDS OF THE LOCAL COMMUNITY
418-, WITHIN A PARTICULAR DEVELOPMENT
419-PAGE 9-SENATE BILL 22-159 HAVE RESTRICTED AVAILABILITY TO HOUSEHOLDS AT AND BELOW THE
420-INCOME LEVELS SPECIFIED IN SUBSECTION
421- (6)(b)(I) OF THIS SECTION. THE
422-PERCENTAGE OF RESTRICTED UNITS AND AFFORDABILITY LEVELS MUST
423-COMPLY WITH LAWS ENACTED BY LOCAL GOVERNMENTS PROMOTING THE
424-DEVELOPMENT OF NEW AFFORDABLE HOUSING UNITS PURSUANT TO SECTION
425-29-20-104 (1).
426-(B) D
427-EVELOPMENTS IN WHICH HOUSING UNITS ARE RESTRICTED AT
428-INCOME LEVELS DEMONSTRATED BY LOCAL COMMUNITY NEEDS AS SPECIFIED
429-IN SUBSECTION
430- (6)(b)(I) OF THIS SECTION;
431-(II) A
432-RE LOCATED IN OR SERVE COMMUNITIES THAT :
393+19
394+PERCENTAGE OF UNITS, PROPORTIONAL TO THE DEMONSTRATED HOUSING20
395+NEEDS OF THE LOCAL COMMUNITY , WITHIN A PARTICULAR DEVELOPMENT21
396+HAVE RESTRICTED AVAILABILITY TO HOUSEHOLDS AT AND BELOW THE22
397+INCOME LEVELS SPECIFIED IN SUBSECTION (6)(b)(I) OF THIS SECTION. THE23
398+PERCENTAGE OF RESTRICTED UNITS AND AFFORDABILITY LEVELS MUST24
399+COMPLY WITH LAWS ENACTED BY LOCAL GOVERNMENTS PROMOTING THE25
400+DEVELOPMENT OF NEW AFFORDABLE HOUSING UNITS PURSUANT TO26
401+SECTION 29-20-104 (1).27
402+159
403+-12- (B) DEVELOPMENTS IN WHICH HOUSING UNITS ARE RESTRICTED AT1
404+INCOME LEVELS DEMONSTRATED BY LOCAL COMMUNITY NEEDS AS2
405+SPECIFIED IN SUBSECTION (6)(b)(I) OF THIS SECTION;3
406+(II) ARE LOCATED IN OR SERVE COMMUNITIES THAT:4
433407 (A) F
434-ACE BARRIERS TO ACCESSING CAPITAL FROM TRADITIONAL
435-SOURCES
436-;
408+ACE BARRIERS TO ACCESSING CAPITAL FROM TRADITIONAL5
409+SOURCES;6
437410 (B) H
438-AVE SUFFERED SIGNIFICANT NEGATIVE FINANCIAL OR OTHER
439-IMPACTS RESULTING FROM THE
440-COVID-19 PANDEMIC; OR
441-(C) ARE OTHERWISE UNDERSERVED ;
442-(III) A
443-LIGN WITH OTHER STATE ECONOMIC DEVELOPMENT EFFORTS ;
444-(IV) C
445-REATE PERMANENTLY AFFORDABLE HOME OWNERSHIP
446-OPPORTUNITIES
447-;
411+AVE SUFFERED SIGNIFICANT NEGATIVE FINANCIAL OR OTHER7
412+IMPACTS RESULTING FROM THE COVID-19 PANDEMIC; OR8
413+(C) A
414+RE OTHERWISE UNDERSERVED ;9
415+(III)
416+ ALIGN WITH OTHER STATE ECONOMIC DEVELOPMENT10
417+EFFORTS;11
418+(IV) CREATE PERMANENTLY AFFORDABLE HOME OWNERSHIP12
419+OPPORTUNITIES;13
448420 (V) E
449-NSURE THE LONG-TERM AFFORDABILITY OF ANY DEVELOPMENT
450-OR PROJECTS FUNDED BY THE LOAN PROGRAM
451-;
421+NSURE THE LONG -TERM AFFORDABILITY OF ANY
422+14
423+DEVELOPMENT OR PROJECTS FUNDED BY THE LOAN PROGRAM ;15
452424 (VI) I
453425 NCLUDE UNITS THAT ARE RESTRICTED FOR RENTAL USAGE TO
454-PERSONS WITH DISABILITIES OR THAT INCLUDE UNIVERSAL DESIGN FEATURES
455-THAT ALLOW INDIVIDUALS TO RESIDE IN THEIR DWELLING UNITS AS THEY
456-AGE
457-; OR
458-(VII) ARE HIGHLY ENERGY EFFICIENT OR USE HIGH -EFFICIENCY
459-ELECTRIC EQUIPMENT FOR SPACE AND WATER HEATING
460-. THE DIVISION MAY
461-CONSULT WITH THE
462-COLORADO ENERGY OFFICE CREATED IN SECTION
463-24-38.5-101 (1) TO DEVELOP CRITERIA FOR MEETING THE OBJECTIVES
464-DESCRIBED IN THIS SUBSECTION
465- (6)(a)(VII).
466-PAGE 10-SENATE BILL 22-159 (b) (I) THE RENTAL AND HOME OWNERSHIP TARGETS APPLICABLE TO
467-LOCAL COMMUNITIES ACROSS THE STATE AS REQUIRED BY SUBSECTION
468-(6)(a)(I) OF THIS SECTION ARE SPECIFIED IN THIS SUBSECTION (6)(b)(I) IN
469-ACCORDANCE WITH THE FOLLOWING
470-:
426+16
427+PERSONS WITH DISABILITIES OR THAT INCLUDE UNIVERSAL DESIGN17
428+FEATURES THAT ALLOW INDIVIDUALS TO RESIDE IN THEIR DWELLING UNITS18
429+AS THEY AGE; OR19
430+(VII) ARE HIGHLY ENERGY EFFICIENT OR USE HIGH -EFFICIENCY20
431+ELECTRIC EQUIPMENT FOR SPACE AND WATER HEATING . THE DIVISION MAY21
432+CONSULT WITH THE COLORADO ENERGY OFFICE CREATED IN SECTION22
433+24-38.5-101
434+ (1) TO DEVELOP CRITERIA FOR MEETING THE OBJECTIVES23
435+DESCRIBED IN THIS SUBSECTION (6)(a)(VII).
436+24
437+(b) (I) T
438+HE RENTAL AND HOME OWNERSHIP TARGETS APPLICABLE
439+25
440+TO LOCAL COMMUNITIES ACROSS THE STATE AS REQUIRED BY SUBSECTION26
441+(6)(a)(I)
442+OF THIS SECTION ARE SPECIFIED IN THIS SUBSECTION (6)(b)(I) IN
443+27
444+159
445+-13- ACCORDANCE WITH THE FOLLOWING :1
471446 (A) F
472447 OR A HOUSEHOLD RESIDING IN HOUSING ON A RENTAL BASIS ,
473-ANNUAL INCOME OF THE HOUSEHOLD IS AT OR BELOW ONE HUNDRED
474-TWENTY PERCENT OF THE AREA MEDIAN INCOME OF HOUSEHOLDS OF THAT
475-SIZE IN THE COUNTY IN WHICH THE HOUSING IS LOCATED
476-;
448+2
449+ANNUAL INCOME OF THE HOUSEHOLD IS AT OR BELOW ONE HUNDRED3
450+TWENTY PERCENT OF THE AREA MEDIAN INCOME OF HOUSEHOLDS OF THAT4
451+SIZE IN THE COUNTY IN WHICH THE HOUSING IS LOCATED ; 5
477452 (B) F
478-OR A HOUSEHOLD RESIDING IN HOUSING ON A HOME -OWNERSHIP
479-BASIS
480-, ANNUAL INCOME OF THE HOUSEHOLD IS AT OR BELOW ONE HUNDRED
481-TWENTY PERCENT OF THE AREA MEDIAN INCOME OF HOUSEHOLDS OF THAT
482-SIZE IN THE COUNTY IN WHICH THE HOUSING IS LOCATED
483-;
453+OR A HOUSEHOLD RESIDING IN HOUSING ON A
454+6
455+HOME-OWNERSHIP BASIS, ANNUAL INCOME OF THE HOUSEHOLD IS AT OR7
456+BELOW ONE HUNDRED TWENTY PERCENT OF THE AREA MEDIAN INCOME OF8
457+HOUSEHOLDS OF THAT SIZE IN THE C OUNTY IN WHICH THE HOUSING IS9
458+LOCATED;10
484459 (C) F
485-OR A HOUSEHOLD RESIDING IN HOUSING ON A RENTAL BASIS IN
486-RURAL RESORT COUNTIES
487-, ANNUAL INCOME OF THE HOUSEHOLD IS AT OR
488-BELOW ONE HUNDRED FORTY PERCENT OF THE AREA MEDIAN INCOME OF
489-HOUSEHOLDS OF THAT SIZE IN THE COUNTY IN WHICH THE HOUSING IS
490-LOCATED
491-; AND
492-(D) FOR A HOUSEHOLD RESIDING IN HOUSING ON A HOME OWNERSHIP
493-BASIS IN RURAL RESORT COUNTIES
494-, ANNUAL INCOME OF THE HOUSEHOLD IS
495-AT OR BELOW ONE HUNDRED SIXTY PERCENT OF THE AREA MEDIAN INCOME
496-OF HOUSEHOLDS OF THAT SIZE IN THE COUNTY IN WHICH THE HOUSING IS
497-LOCATED
498-.
460+OR A HOUSEHOLD RESIDING IN HOUSING ON A RENTAL BASIS
461+11
462+IN RURAL RESORT COUNTIES, ANNUAL INCOME OF THE HOUSEHOLD IS AT12
463+OR BELOW ONE HUNDRED FORTY PERCENT OF THE AREA MEDIAN INCOME13
464+OF HOUSEHOLDS OF THAT SIZE IN THE COUNTY IN WHICH THE HOUSING IS14
465+LOCATED; AND15
466+(D) F
467+OR A HOUSEHOLD RESIDING IN HOUSING ON A HOME
468+16
469+OWNERSHIP BASIS IN RURAL RESORT COUNTIES , ANNUAL INCOME OF THE17
470+HOUSEHOLD IS AT OR BELOW ONE HUNDRED SIXTY PERCENT OF THE AREA18
471+MEDIAN INCOME OF HOUSEHOLDS OF THAT SIZE IN THE COUNTY IN WHICH19
472+THE HOUSING IS LOCATED.20
499473 (II) A
500474 N APPLICANT SEEKING FUNDING FOR A PARTICULAR
501-DEVELOPMENT
502-, PROJECT, OR PROGRAM THAT IS FUNDED BY THE LOAN
503-PROGRAM MAY
504-, AT ANY TIME, REQUEST THAT THE DIVISION GRANT THE
505-APPLICANT AN EXCEPTION TO THE AREA MEDIAN INCOME LEVELS SPECIFIED
506-IN SUBSECTION
507- (6)(b)(I) OF THIS SECTION BASED UPON DEMONSTRATED
508-UNIQUE ECONOMIC AND HOUSING COSTS ATTRIBUTES IN THE LOCAL
509-COMMUNITY IN WHICH THE DEVELOPMENT
510-, PROJECT, OR PROGRAM IS
511-LOCATED
512-.
475+21
476+DEVELOPMENT, PROJECT, OR PROGRAM THAT IS FUNDED BY THE LOAN22
477+PROGRAM MAY, AT ANY TIME, REQUEST THAT THE DIVISION GRANT THE23
478+APPLICANT AN EXCEPTION TO THE AREA MEDIAN INCOME LEVELS24
479+SPECIFIED IN SUBSECTION (6)(b)(I) OF THIS SECTION BASED UPON25
480+DEMONSTRATED UNIQUE ECONOMIC AND HOUSING COSTS ATTRIBUTES IN26
481+THE LOCAL COMMUNITY IN WHICH THE DEVELOPMENT , PROJECT, OR27
482+159
483+-14- PROGRAM IS LOCATED.1
513484 (c) (I) N
514485 OT LATER THAN SEPTEMBER 1, 2022, THE DIVISION OF
515-HOUSING
516-, CREATED IN SECTION 24-32-704 (1), SHALL CLASSIFY EACH
517-COUNTY IN THE STATE AS
518-"URBAN", "RURAL", OR "RURAL RESORT" AS USED
519-IN SUBSECTION
520- (6)(b)(I) OF THIS SECTION BASED UPON THE DEFINITIONS OF
521-PAGE 11-SENATE BILL 22-159 THE TERMS AS SPECIFIED IN THE FINAL REPORT OF THE COLORADO
522-STRATEGIC HOUSING WORKING GROUP FINAL REPORT
523-, DATED JULY 6, 2021.
524-T
525-HE DIVISION OF HOUSING SHALL REGULARLY UPDATE AND PUBLISH
526-MODIFICATIONS OF THE INITIAL CLASSIFICATION OF A PARTICULAR COUNTY
527-AS IT RECEIVES OR PRODUCES INFORMATION DOCUMENTING CHANGES IN
528-LOCAL ECONOMIC CIRCUMSTANCES AND HOUSING COST FACTORS
529-MATERIALLY AFFECTING SUCH CLASSIFICATIONS
530-.
486+2
487+HOUSING, CREATED IN SECTION 24-32-704 (1), SHALL CLASSIFY EACH3
488+COUNTY IN THE STATE AS "URBAN", "RURAL", OR "RURAL RESORT" AS4
489+USED IN SUBSECTION (6)(b)(I) OF THIS SECTION BASED UPON THE5
490+DEFINITIONS OF THE TERMS AS SPECIFIED IN THE FINAL REPORT OF THE6
491+C
492+OLORADO STRATEGIC HOUSING WORKING GROUP FINAL REPORT , DATED
493+7
494+J
495+ULY 6, 2021. THE DIVISION OF HOUSING SHALL REGULARLY UPDATE AND
496+8
497+PUBLISH MODIFICATIONS OF THE INITIAL CLASSIFICATION OF A PARTICULAR9
498+COUNTY AS IT RECEIVES OR PRODUCES INFORMATION DOCUMENTING10
499+CHANGES IN LOCAL ECONOMIC CIRCUMSTANCES AND HOUSING COST11
500+FACTORS MATERIALLY AFFECTING SUCH CLASSIFICATIONS .12
531501 (II) N
532-OTWITHSTANDING SUBSECTION (6)(c)(I) OF THIS SECTION, ANY
533-COUNTY MAY REQUEST FROM THE DIVISION OF HOUSING
534-:
502+OTWITHSTANDING SUBSECTION (6)(c)(I) OF THIS SECTION,
503+13
504+ANY COUNTY MAY REQUEST FROM THE DIVISION OF HOUSING :14
535505 (A) A
536506 DETERMINATION THAT A DIFFERENT INCOME RESTRICTION
537-SHOULD APPLY TO THAT COUNTY FROM THE ONE MADE APPLICABLE TO THE
538-COUNTY IN ACCORDANCE WITH SUBSECTION
539- (6)(c)(I) OF THIS SECTION BASED
540-UPON THE UNIQUE ECONOMIC AND HOUSING COST FACTORS PRESENT IN THE
541-COUNTY
542-. NOT LATER THAN SEPTEMBER 1, 2022, THE DIVISION OF HOUSING
543-SHALL PUBLISH ANY SUCH MODIFIED INCOME RESTRICTIONS AND THE BASIS
544-FOR ANY MODIFICATION APPROVED
545-.
507+15
508+SHOULD APPLY TO THAT COUNTY FROM THE ONE MADE APPLICABLE TO THE16
509+COUNTY IN ACCORDANCE WITH SUBSECTION (6)(c)(I) OF THIS SECTION17
510+BASED UPON THE UNIQUE ECONOMIC AND HOUSING COST FACTORS18
511+PRESENT IN THE COUNTY. NOT LATER THAN SEPTEMBER 1, 2022, THE19
512+DIVISION OF HOUSING SHALL PUBLISH ANY SUCH MODIFIED INCOME20
513+RESTRICTIONS AND THE BASIS FOR ANY MODIFICATION APPROVED .21
546514 (B) A
547515 T ANY TIME, A RECLASSIFICATION OF THE COUNTY FROM THE
548-CATEGORY IN WHICH THE COUNTY IS INITIALLY CLASSIFIED PURSUANT TO
549-SUBSECTION
550- (6)(c)(I) OF THIS SECTION BASED UPON THE UNIQUE ECONOMIC
551-AND HOUSING COST FACTORS PRESENT IN THE COUNTY
552-.
553-(d) T
554-O THE EXTENT PRACTICABLE , THE DIVISION AND THE
555-ADMINISTRATOR
556-, AS APPLICABLE, SHALL SUPPORT INNOVATIVE FUNDING
557-MECHANISMS THAT ALLOW MONEY TO REVOLVE QUICKLY TO ENSURE THE
558-RAPID REUSE OF MONEY FOR ONGOING PROJECTS
559-.
516+22
517+CATEGORY IN WHICH THE COUNTY IS INITIALLY CLASSIFIED PURSUANT TO23
518+SUBSECTION (6)(c)(I) OF THIS SECTION BASED UPON THE UNIQUE24
519+ECONOMIC AND HOUSING COST FACTORS PRESENT IN THE COUNTY .25
520+(d) TO THE EXTENT PRACTICABLE , THE DIVISION AND THE26
521+ADMINISTRATOR, AS APPLICABLE, SHALL SUPPORT INNOVATIVE FUNDING27
522+159
523+-15- MECHANISMS THAT ALLOW MONEY TO REVOLVE QUICKLY TO ENSURE THE1
524+RAPID REUSE OF MONEY FOR ONGOING PROJECTS .2
560525 (7) Publicizing the loan program. T
561-HE DIVISION SHALL WORK WITH
562-THE MINORITY BUSINESS OFFICE CREATED IN SECTION
563-24-49.5-102, SMALL
564-BUSINESS DEVELOPMENT CENTERS
565-, COMMUNITY DEVELOPMENT FINANCIAL
566-INSTITUTIONS
567-, AND STAKEHOLDER PARTNERS TO PROMOTE THE PROGRAM TO
568-ELIGIBLE RECIPIENTS WHO PRIMARILY SERVE COMMUNITIES THAT ARE
569-UNDERSERVED OR DIS ADVANTAGED
570-, INCLUDING ELIGIBLE RECIPIENTS
571-LOCATED IN RURAL COUNTIES
572-. ON OR BEFORE DECEMBER 1, 2022, THE
573-DIVISION SHALL DEVELOP AND ADMINISTER A MARKETING INITIATIVE FOR
574-THE PROGRAM IN COORDINATION WITH THE MINORITY BUSINESS OFFICE
575-CREATED IN SECTION
576-24-49.5-102, THE SMALL BUSINESS ASSISTANCE CENTER
577-CREATED IN SECTION
578-24-48.5-102, LOCAL CHAMBERS OF COMMERCE , AND
579-PAGE 12-SENATE BILL 22-159 OTHER LOCAL AND REGIONAL ECONOMIC DEVELOPMENT ENTITIES TO
580-PROMOTE THE PROGRAM TO ELIGIBLE RECIPIENTS AND TARGET
581-COMMUNITIES
582-. THE MARKETING INITIATIVE SHALL BE CONDUCTED IN THE
583-TOP SPOKEN LANGUAGES IN THOSE COMMUNITIES
584-.
585-(8) Gifts, grants, and donations - leveraging federal money.
526+HE DIVISION SHALL WORK3
527+WITH THE MINORITY BUSINESS OFFICE CREATED IN SECTION 24-49.5-102,4
528+SMALL BUSINESS DEVELOPMENT CENTERS , COMMUNITY DEVELOPMENT5
529+FINANCIAL INSTITUTIONS, AND STAKEHOLDER PARTNERS TO PROMOTE THE6
530+PROGRAM TO ELIGIBLE RECIPIENTS WHO PRIMARILY SERVE COMMUNITIES7
531+THAT ARE UNDERSERVED OR DISADVANTAGED , INCLUDING ELIGIBLE8
532+RECIPIENTS LOCATED IN RURAL COUNTIES . ON OR BEFORE DECEMBER 1,9
533+2022,
534+ THE DIVISION SHALL DEVELOP AND ADMINISTER A MARKETING10
535+INITIATIVE FOR THE PROGRAM IN COORDINATION WITH THE MINORITY11
536+BUSINESS OFFICE CREATED IN SECTION 24-49.5-102, THE SMALL BUSINESS12
537+ASSISTANCE CENTER CREATED IN SECTION 24-48.5-102, LOCAL CHAMBERS13
538+OF COMMERCE, AND OTHER LOCAL AND REGIONAL ECONOMIC14
539+DEVELOPMENT ENTITIES TO PROMOTE THE PROGRAM TO ELIGIBLE15
540+RECIPIENTS AND TARGET COMMUNITIES . THE MARKETING INITIATIVE16
541+SHALL BE CONDUCTED IN THE TOP SPOKEN LANGUAGES IN THOSE17
542+COMMUNITIES.18
543+(8) Gifts, grants, and donations - leveraging federal money.19
586544 (a) T
587-HE DIVISION MAY SEEK, ACCEPT, AND EXPEND GIFTS, GRANTS, OR
588-DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE PURPOSES OF THIS
589-SECTION
590-. THE DIVISION SHALL TRANSMIT ALL MONEY RECEIVED THROUGH
591-GIFTS
592-, GRANTS, OR DONATIONS TO THE STATE TREASURER , WHO SHALL
593-CREDIT THE MONEY TO THE FUND
594-.
545+HE DIVISION MAY SEEK, ACCEPT, AND EXPEND GIFTS, GRANTS, OR20
546+DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE PURPOSES OF THIS21
547+SECTION. THE DIVISION SHALL TRANSMIT ALL MONEY RECEIVED THROUGH22
548+GIFTS, GRANTS, OR DONATIONS TO THE STATE TREASURER , WHO SHALL23
549+CREDIT THE MONEY TO THE FUND.24
595550 (b) T
596-HE DIVISION MAY EXPEND, DEPLOY, OR LEVERAGE MONEY
597-RECEIVED FROM FEDERAL GOVERNMENT PROGRAMS THAT SUPPORT LOANS
598-AND INVESTMENTS FOR ONE OR MORE OF THE ELIGIBLE PROJECTS SPECIFIED
599-IN SUBSECTION
600-(3) OF THIS SECTION TO MAKE LOANS UNDER THE LOAN
601-PROGRAM OR TO OTHERWISE MARKET
602-, PROMOTE, OR SUPPORT LOANS UNDER
603-THE PROGRAM
604-, IF ALLOWED UNDER FEDERAL LAW .
605-(9) Transformational affordable housing revolving loan fund -
606-transfer of money to fund - payment of administrative costs -
551+HE DIVISION MAY EXPEND, DEPLOY, OR LEVERAGE MONEY25
552+RECEIVED FROM FEDERAL GOVERNMENT PROGRAMS THAT SUPPORT L OANS26
553+AND INVESTMENTS FOR ONE OR MORE OF THE ELIGIBLE PROJECTS SPECIFIED27
554+159
555+-16- IN SUBSECTION (3) OF THIS SECTION TO MAKE LOANS UNDER THE LOAN1
556+PROGRAM OR TO OTHERWISE MARKET , PROMOTE, OR SUPPORT LOANS2
557+UNDER THE PROGRAM, IF ALLOWED UNDER FEDERAL LAW .3
558+(9) Transformational affordable housing revolving loan fund4
559+- transfer of money to fund - payment of administrative costs -5
607560 appropriation. (a) T
608-HE TRANSFORMATIONAL AFFORDABLE HOUSING
609-REVOLVING LOAN FUND IS HEREBY CREATED IN THE STATE TREASURY
610-. THE
611-FUND CONSISTS OF MONEY TRANSFERRED TO THE FUND IN ACCORDANCE
612-WITH SUBSECTION
613- (9)(d) OF THIS SECTION, ANY OTHER MONEY THAT THE
614-GENERAL ASSEMBLY APPROPRIATES OR TRANSFERS TO THE FUND
615-, AND ANY
616-GIFTS
617-, GRANTS, OR DONATIONS CREDITED TO THE FUND PURSUANT TO
618-SUBSECTION
619- (8)(a) OF THIS SECTION.
561+HE TRANSFORMATIONAL AFFORDABLE HOUSING6
562+REVOLVING LOAN FUND IS HEREBY CREATED IN THE STATE TREASURY . THE7
563+FUND CONSISTS OF MONEY TRANSFERRED TO THE FUND IN ACCORDANCE8
564+WITH SUBSECTION (9)(d) OF THIS SECTION, ANY OTHER MONEY THAT THE9
565+GENERAL ASSEMBLY APPROPRIATES OR TRANSFERS TO THE FUND , AND ANY10
566+GIFTS, GRANTS, OR DONATIONS CREDITED TO THE FUND PURSUANT TO11
567+SUBSECTION (8)(a) OF THIS SECTION.12
620568 (b) T
621-HE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME
622-DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO
623-THE FUND
624-.
569+HE STATE TREASURER SHALL CREDIT ALL INTEREST AND13
570+INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE14
571+FUND TO THE FUND.15
625572 (c) M
626-ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE
627-DEPARTMENT FOR THE PURPOSES SPECIFIED IN THIS SECTION
628-. THE
629-DEPARTMENT MAY EXPEND UP TO FIVE PERCENT OF THE MONEY
630-APPROPRIATED OR TRANSFERRED INTO
631-, OR REPAID FROM, THE FUND ON AN
632-ANNUAL BASIS TO PAY FOR ITS DIRECT AND INDIRECT COSTS IN
633-ADMINISTERING THIS SECTION
634-.
635-PAGE 13-SENATE BILL 22-159 (d) ON JULY 1, 2022, THE STATE TREASURER SHALL TRANSFER ONE
636-HUNDRED FIFTY MILLION DOLLARS FROM THE AFFORDABLE HOUSING AND
637-HOME OWNERSHIP CASH FUND CREATED IN SECTION
638- 24-75-229 (3)(a) THAT
639-ORIGINATES FROM THE GENERAL FUND
640-, TO THE FUND. THE DIVISION SHALL
641-USE THE MONEY TRANSFERRED PURSUANT TO THIS SUBSECTION
642- (9)(d) ONLY
643-FOR
644-:
645-(I) M
646-AKING LOANS TO ELIGIBLE RECIPIENTS PURSUANT TO THE LOAN
647-PROGRAM
648-; AND
649-(II) THE COSTS OF ADMINISTERING THE LOAN PROGRAM AS MAY BE
650-INCURRED BY THE DIVISION OR THE ADMINISTRATOR
651-, AS APPLICABLE, IN
652-ACCORDANCE WITH SUBSECTION
653- (9)(c) OF THIS SECTION. ALL SUCH
654-ADMINISTRATIVE COSTS MUST BE PAID OUT OF THE MONEY EITHER
655-TRANSFERRED TO THE FUND PURSUANT TO THIS SUBSECTION
656- (9)(d) OR THAT
657-IS APPROPRIATED TO THE FUND
658-.
573+ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE16
574+DEPARTMENT FOR THE PURPOSES SPECIFIED IN THIS SECTION . THE17
575+DEPARTMENT MAY EXPEND UP TO FIVE PERCENT OF THE MONEY18
576+APPROPRIATED OR TRANSFERRED INTO , OR REPAID FROM, THE FUND ON AN19
577+ANNUAL BASIS TO PAY FOR ITS DIRECT AND INDIRECT COSTS IN20
578+ADMINISTERING THIS SECTION.21
579+(d) O
580+N JULY 1, 2022,
581+ THE STATE TREASURER SHALL TRANSFER ONE22
582+HUNDRED FIFTY MILLION DOLLARS FROM THE AFFORDABLE HOUSING AND23
583+HOME OWNERSHIP CASH FUND CREATED IN SECTION 24-75-229 (3)(a) THAT24
584+ORIGINATES FROM THE GENERAL FUND , TO THE FUND. THE DIVISION SHALL25
585+USE THE MONEY TRANSFERRED PURSUANT TO THIS SUBSECTION (9)(d)26
586+ONLY FOR:27
587+159
588+-17- (I) MAKING LOANS TO ELIGIBLE RECIPIENTS PURS UANT TO THE1
589+LOAN PROGRAM; AND2
590+(II) T
591+HE COSTS OF ADMINISTERING THE LOAN PROGRAM AS MAY BE3
592+INCURRED BY THE DIVISION OR THE ADMINISTRATOR , AS APPLICABLE, IN4
593+ACCORDANCE WITH SUBSECTION (9)(c) OF THIS SECTION. ALL SUCH5
594+ADMINISTRATIVE COSTS MUST BE PAID OUT OF THE MONEY EITHER6
595+TRANSFERRED TO THE FUND PURSUANT TO THIS SUBSECTION (9)(d)
596+ OR7
597+THAT IS APPROPRIATED TO THE FUND.8
659598 (10) Reporting. I
660-N CONNECTION WITH THE PUBLIC REPORT THE
661-DIVISION PREPARES IN ACCORDANCE WITH SECTION
662-24-32-705.5 (1), THE
663-DIVISION SHALL INCLUDE IN THE REPORT INFORMATION SUMMARIZING THE
664-USE OF ALL OF THE MONEY THAT WAS PROVIDED AS A LOAN FROM THE LOAN
665-PROGRAM IN THE PRECEDING STATE FISCAL YEAR
666-. AT A MINIMUM, THE
667-INFORMATION INCLUDED IN THE REPORT PERTAINING TO THE LOAN PROGRAM
668-MUST SPECIFY THE NUMBER OF ELIGIBLE RECIPIENTS THAT APPLIED FOR A
669-LOAN
670-, THE NUMBER OF ELIGIBLE RECIPIENTS THAT WERE NOT AWARDED A
671-LOAN
672-, THE AMOUNT OF LOAN MONEY DISTRIBUTED TO EACH LOAN
673-RECIPIENT
674-, A DESCRIPTION OF EACH LOAN RECIPIENT 'S USE OF THE LOAN
675-MONEY
676-, THE USE OF LOAN MONEY ALONG THE HOUSING AND INCOME
677-SPECTRUMS
678-, THE AMOUNT OF TIME FROM COMPLETION OF A LOAN
679-APPLICATION THROUGH THE FUNDING OF A LOAN
680-, RECOMMENDATIONS
681-CONCERNING FUTURE ADMINISTRATION OF THE LOAN PROGRAM
682-, AND HOW
683-THE USE OF THE LOAN FURTHERED THE VISION OF TRANSFORMATI ONAL
684-AFFORDABLE HOUSING DESCRIBED IN THE FINAL REPORT OF THE TASK FORCE
685-ESTABLISHED IN SECTION
686-24-75-229 (6)(a). THE DIVISION SHALL ALSO
687-INCLUDE IN THE REPORT ITS RECOMMENDATIONS CONCERNING FUTURE
688-ADMINISTRATION OF THE LOAN PROGRAM
689-.
690-SECTION 3. In Colorado Revised Statutes, 24-32-705, amend (7)
691-as follows:
692-PAGE 14-SENATE BILL 22-159 24-32-705. Functions of division. (7) The division shall
693-administer:
694-(a) The affordable housing guided toolkit and local officials guide
695-program in accordance with section 24-32-721.5;
599+N CONNECTION WITH THE PUBLIC REPORT THE9
600+DIVISION PREPARES IN ACCORDANCE WITH SECTION 24-32-705.5 (1), THE10
601+DIVISION SHALL INCLUDE IN THE REPORT INFORMATION SUMMARIZING THE11
602+USE OF ALL OF THE MONEY THAT WAS PROVIDED AS A LOAN FROM THE12
603+LOAN PROGRAM IN THE PRECEDING STATE FISCAL YEAR . AT A MINIMUM,13
604+THE INFORMATION INCLUDED IN THE REPORT PERTAINING TO THE LOAN14
605+PROGRAM MUST SPECIFY THE NUMBER OF ELIGIBLE RECIPIENTS THAT15
606+APPLIED FOR A LOAN, THE NUMBER OF ELIGIBLE RECIPIENTS THAT WERE16
607+NOT AWARDED A LOAN , THE AMOUNT OF LOAN MONEY DISTRIBUTED TO17
608+EACH LOAN RECIPIENT, A DESCRIPTION OF EACH LOAN RECIPIENT'S USE OF18
609+THE LOAN MONEY, THE USE OF LOAN MONEY ALONG THE HOUSING AND
610+19
611+INCOME SPECTRUMS, THE AMOUNT OF TIME FROM COMPLETION OF A LOAN20
612+APPLICATION THROUGH THE FUNDING OF A LOAN , RECOMMENDATIONS21
613+CONCERNING FUTURE ADMINISTRATION OF THE LOAN PROGRAM , AND HOW22
614+THE USE OF THE LOAN FURTHERED THE VISION OF TRANSFORMATIONAL23
615+AFFORDABLE HOUSING DESCRIBED IN THE FINAL REPORT OF THE TASK24
616+FORCE ESTABLISHED IN SECTION 24-75-229 (6)(a). THE DIVISION SHALL25
617+ALSO INCLUDE IN THE REPORT ITS RECOMMENDATIONS CONCERNING26
618+FUTURE ADMINISTRATION OF THE LOAN PROGRAM .27
619+159
620+-18- SECTION 3. In Colorado Revised Statutes, 24-32-705, amend1
621+(7) as follows:2
622+24-32-705. Functions of division. (7) The division shall3
623+administer:4
624+(a) The affordable housing guided toolkit and local officials guide5
625+program in accordance with section 24-32-721.5;6
696626 (b) T
697-HE TRANSFORMATIONAL AFFORDABLE HOUSING REVOLVING
698-LOAN FUND PROGRAM CREATED IN SECTION
699-24-32-731 (2)(a), UNLESS THE
700-DIVISION ELECTS TO CONTRACT OUT FULL OR PARTIAL ADMINISTRATION OF
701-THE LOAN PROGRAM PURSUANT TO SECTION
702-24-32-731 (2)(b).
703-SECTION 4. In Colorado Revised Statutes, 24-32-705.5, add (3.3)
704-as follows:
705-24-32-705.5. Annual public report on funding of affordable
706-housing preservation and production - definition. (3.3) F
707-OR THE PUBLIC
708-REPORT REQUIRED BY SUBSECTION
709-(1) OF THIS SECTION, THE DIVISION MUST
710-INCLUDE
711-, ON AN ANNUAL BASIS , THE INFORMATION REQUIRED TO BE
712-INCLUDED IN ACCORDANCE WITH SECTION
713-24-32-731 (10).
714-SECTION 5. Appropriation. For the 2022-23 state fiscal year,
715-$379,081 is appropriated to the office of the governor for use by the office
716-of information technology. This appropriation is from reappropriated funds
717-received from the department of local affairs from the transformational
718-affordable housing revolving loan fund created in section 24-32-731 (9)(a),
719-C.R.S., that originate from the general fund, and is based on an assumption
720-that the office of information technology will require an additional 4.3 FTE.
721-To implement this act, the office may use this appropriation to provide
722-information technology services for the department of local affairs.
723-SECTION 6. Safety clause. The general assembly hereby finds,
724-PAGE 15-SENATE BILL 22-159 determines, and declares that this act is necessary for the immediate
725-preservation of the public peace, health, or safety.
726-____________________________ ____________________________
727-Steve Fenberg Alec Garnett
728-PRESIDENT OF SPEAKER OF THE HOUSE
729-THE SENATE OF REPRESENTATIVES
730-____________________________ ____________________________
731-Cindi L. Markwell Robin Jones
732-SECRETARY OF CHIEF CLERK OF THE HOUSE
733-THE SENATE OF REPRESENTATIVES
734- APPROVED________________________________________
735- (Date and Time)
736- _________________________________________
737- Jared S. Polis
738- GOVERNOR OF THE STATE OF COLORADO
739-PAGE 16-SENATE BILL 22-159
627+HE TRANSFORMATIONAL AFFORDABLE HOUSING REVOLVING7
628+LOAN FUND PROGRAM CREATED IN SECTION 24-32-726 (2)(a), UNLESS THE8
629+DIVISION ELECTS TO CONTRACT OUT FULL OR PARTIAL ADMINISTRATION OF9
630+THE LOAN PROGRAM PURSUANT TO SECTION 24-32-726 (2)(b).10
631+SECTION 4. In Colorado Revised Statutes, 24-32-705.5, add11
632+(3.5) as follows:12
633+24-32-705.5. Annual public report on funding of affordable13
634+housing preservation and production - definition. (3.5) F
635+OR THE14
636+PUBLIC REPORT REQUIRED BY SUBSECTION (1) OF THIS SECTION, THE15
637+DIVISION MUST INCLUDE, ON AN ANNUAL BASIS , THE INFORMATION16
638+REQUIRED TO BE INCLUDED IN ACCORDANCE WITH SECTION 24-32-72617
639+(10).18
640+SECTION 5. Appropriation. (1) For the 2022-23 state fiscal
641+19
642+year, $379,081 is appropriated to the office of the governor for use by the20
643+office of information technology. This appropriation is from21
644+reappropriated funds received from the department of local affairs from22
645+the transformational affordable housing revolving loan fund created in23
646+section 24-32-726 (9)(a), C.R.S., that originate from the general fund, and24
647+is based on an assumption that the office of information technology will25
648+require an additional 4.3 FTE. To implement this act, the office may use26
649+this appropriation to provide information technology services for the27
650+159
651+-19- department of local affairs.1
652+SECTION 6. Safety clause. The general assembly hereby finds,2
653+determines, and declares that this act is necessary for the immediate3
654+preservation of the public peace, health, or safety.4
655+159
656+-20-