Colorado 2023 Regular Session

Colorado House Bill HB1255 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0548.01 Jed Franklin x5484
1	8		HOUSE BILL 23-1255
2		-	BY REPRESENTATIVE(S) Lindstedt and Dickson, deGruy Kennedy,
3		-	Epps, Froelich, Garcia, Jodeh, Lindsay, Mabrey, Michaelson Jenet,
4		-	Sharbini, Sirota, Woodrow, Kipp, Story, Vigil, Weissman;
5		-	also SENATOR(S) Gonzales, Buckner, Cutter, Hinrichsen, Moreno, Priola,
6		-	Winter F.
	9	+	House Committees Senate Committees
	10	+	Transportation, Housing & Local Government Local Government & Housing
	11	+	A BILL FOR AN ACT
7	12		C
8		-	ONCERNING PREEMPTION OF LOCAL REGULATIONS LIMITING THE NUMBER
9		-	OF BUILDING PERMITS ISSUED FOR DEVELOPMENT
10		-	.
11		-	Be it enacted by the General Assembly of the State of Colorado:
12		-	SECTION 1. In Colorado Revised Statutes, add 29-20-104.2 as
13		-	follows:
14		-	29-20-104.2. Anti-growth law - preemption - legislative
	13	+	ONCERNING PREEMPTION OF LOCAL REGULATIONS LIMITING THE101
	14	+	NUMBER OF BUILDING PERMITS ISSUED FOR DEVELOPMENT .102
	15	+	Bill Summary
	16	+	(Note: This summary applies to this bill as introduced and does
	17	+	not reflect any amendments that may be subsequently adopted. If this bill
	18	+	passes third reading in the house of introduction, a bill summary that
	19	+	applies to the reengrossed version of this bill will be available at
	20	+	http://leg.colorado.gov
	21	+	.)
	22	+	Currently, several local governments have laws restricting the
	23	+	growth of residential housing. The bill declares that the state has an
	24	+	interest in encouraging housing growth statewide, preempts any existing
	25	+	local housing growth restriction, and forbids the enactment or
	26	+	enforcement of any future local housing growth restriction, unless the
	27	+	local government has experienced a disaster emergency.
	28	+	SENATE
	29	+	3rd Reading Unamended
	30	+	May 4, 2023
	31	+	SENATE
	32	+	Amended 2nd Reading
	33	+	May 3, 2023
	34	+	HOUSE
	35	+	3rd Reading Unamended
	36	+	April 24, 2023
	37	+	HOUSE
	38	+	Amended 2nd Reading
	39	+	April 21, 2023
	40	+	HOUSE SPONSORSHIP
	41	+	Lindstedt and Dickson, deGruy Kennedy, Epps, Froelich, Garcia, Jodeh, Lindsay,
	42	+	Mabrey, Michaelson Jenet, Sharbini, Sirota, Woodrow
	43	+	SENATE SPONSORSHIP
	44	+	Gonzales, Buckner, Cutter, Hinrichsen, Moreno, Priola, Winter F.
	45	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	46	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	47	+	Dashes through the words or numbers indicate deletions from existing law. Be it enacted by the General Assembly of the State of Colorado:1
	48	+	SECTION 1. In Colorado Revised Statutes, add 29-20-104.2 as2
	49	+	follows:3
	50	+	29-20-104.2. Anti-growth law - preemption - legislative4
15	51		declaration - definitions. (1) T
16		-	HE GENERAL ASSEMBLY FINDS AND
17		-	DECLARES THAT
18		-	:
	52	+	HE GENERAL ASSEMBLY FINDS AND5
	53	+	DECLARES THAT:6
19	54		(a) A
20		-	RELIABLE PUBLIC POLICY ENVIRONMENT THAT SUPPORTS AN
21		-	ADEQUATE AND AFFORDABLE HOUSING SUPPLY IS A MATTER OF STATEWIDE
22		-	CONCERN
23		-	, AND A HEALTHY SUPPLY OF HOUSING UNITS TO MATCH BOTH
24		-	CURRENT DEMAND AND FUTURE DEMAND DRIVEN BY POPULATION GROWTH
25		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
26		-	officers and the Governor. To determine whether the Governor has signed the bill
27		-	or taken other action on it, please consult the legislative status sheet, the legislative
28		-	history, or the Session Laws.
29		-	________
30		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
31		-	through words or numbers indicate deletions from existing law and such material is not part of
32		-	the act. IS CRITICAL FOR JOB CREATION, HOUSING STABILITY, AFFORDABILITY, AND
33		-	THE OVERALL ECONOMIC WELL
34		-	-BEING OF ALL COLORADANS;
	55	+	RELIABLE PUBLIC POLICY ENVIRONMENT THAT SUPPORTS AN7
	56	+	ADEQUATE AND AFFORDABLE HOUSING SUPPLY IS A MATTER OF8
	57	+	STATEWIDE CONCERN, AND A HEALTHY SUPPLY OF HOUSING UNITS TO9
	58	+	MATCH BOTH CURRENT DEMAND AND FUTURE DEMAND DRIVEN BY10
	59	+	POPULATION GROWTH IS CRITICAL FOR JOB CREATION, HOUSING STABILITY,11
	60	+	AFFORDABILITY, AND THE OVERALL ECONOMIC WELL -BEING OF ALL12
	61	+	C
	62	+	OLORADANS;13
35	63		(b) T
36		-	HE LACK OF AFFORDABLE HOUSING IN COLORADO IS DIRECTLY
37		-	ATTRIBUTABLE TO THE SCARCITY OF HOUSING UNITS
38		-	;
	64	+	HE LACK OF AFFORDABLE HOUSING IN COLORADO IS DIRECTLY14
	65	+	ATTRIBUTABLE TO THE SCARCITY OF HOUSING UNITS ;15
39	66		(c) A
40		-	CCORDING TO A STUDY OF HOUSING DEVELOPMENT IN
41		-	~~COLORADO, THE STATE HAS OVER ONE HUNDRED SEVENTY -FIVE THOUSAND~~
42		-	~~FEWER HOUSING UNITS THAN NEEDED TO RESTORE ITS HISTORICAL~~
43		-	~~POPULATION~~
44		-	-TO-HOUSING RATIO FROM 1986 THROUGH 2008;
	67	+	CCORDING TO A STUDY OF HOUSING DEVELOPMENT IN16
	68	+	C
	69	+	OLORADO, THE STATE HAS OVER ONE HUNDRED SEVENTY -FIVE17
	70	+	THOUSAND FEWER HOUSING UNITS THAN NEEDED TO RESTORE ITS18
	71	+	HISTORICAL POPULATION-TO-HOUSING RATIO FROM 1986 THROUGH 2008;19
45	72		(d) T
46		-	O CLOSE THE DEFICIT AND ACCOUNT FOR PROJECTED
47		-	POPULATION GROWTH
48		-	, THE STATE WILL NEED TO ADD OVER ONE HUNDRED
49		-	SIXTY
50		-	-TWO THOUSAND HOUSING UNITS BY 2027;
	73	+	O CLOSE THE DEFICIT AND ACCOUNT FOR PROJECTED20
	74	+	POPULATION GROWTH, THE STATE WILL NEED TO ADD OVER ONE HUNDRED21
	75	+	SIXTY-TWO THOUSAND HOUSING UNITS BY 2027;22
51	76		(e) A
52		-	NTI-GROWTH LAWS ENACTED BY LOCAL GOVERNMENTS
53		-	SEVERELY UNDERMINE THE ABILITY TO CONSTRUCT THE ADDITIONAL
54		-	HOUSING UNITS
55		-	COLORADANS NEED;
	77	+	NTI-GROWTH LAWS ENACTED BY LOCAL GOVERNMENTS23
	78	+	SEVERELY UNDERMINE THE ABILITY TO CONSTRUCT THE ADDITIONAL24
	79	+	HOUSING UNITS COLORADANS NEED;25
56	80		(f) A
57		-	NTI-GROWTH LAWS DO IRREPARABLE ECONOMIC HARM TO
58		-	WORKING CLASS
59		-	COLORADANS BY LIMITING THE HOUSING SUPPLY AND
60		-	DRIVING UP HOUSING PRICES AND RENTS
61		-	. FURTHERMORE, ANTI-GROWTH
62		-	LAWS THREATEN THE LIVELIHOOD OF
63		-	COLORADANS EMPLOYED IN
64		-	CONSTRUCTION AND OTHER BUILDING TRADES AS WELL AS BUSINESSES
65		-	ACROSS THE STATE THAT RELY ON THE COMMERCE ASSOCIATED WITH HOME
66		-	BUILDING
67		-	.
	81	+	NTI-GROWTH LAWS DO IRREPARABLE ECONOMIC HARM TO26
	82	+	1255-2- WORKING CLASS COLORADANS BY LIMITING THE HOUSING SUPPLY AND1
	83	+	DRIVING UP HOUSING PRICES AND RENTS . FURTHERMORE, ANTI-GROWTH2
	84	+	LAWS THREATEN THE LIVELIHOOD OF COLORADANS EMPLOYED IN3
	85	+	CONSTRUCTION AND OTHER BUILDING TRADES AS WELL AS BUSINESSES4
	86	+	ACROSS THE STATE THAT RELY ON THE COMMERCE ASSOCIATED WITH5
	87	+	HOME BUILDING.6
68	88		(g) U
69		-	NIFORMITY IN LAND USE LAWS CONCERNING RESIDENTIAL
70		-	GROWTH IS NECESSARY FOR EFFICIENT RESIDENTIAL DEVELOPMENT
71		-	STATEWIDE AND FOR THE ENCOURAGEMENT OF CONSTRUCTION OF NEW
72		-	HOUSING UNITS
73		-	;
	89	+	NIFORMITY IN LAND USE LAWS CONCERNING RESIDENTIAL7
	90	+	GROWTH IS NECESSARY FOR EFFICIENT RESIDENTIAL DEVELOPMENT8
	91	+	STATEWIDE AND FOR THE ENCOURAGEMENT OF CONSTRUCTION OF NEW9
	92	+	HOUSING UNITS;10
74	93		(h) T
75		-	HE ENACTMENT OR ENFORCEMENT OF ANTI -GROWTH LAWS BY
76		-	SOME LOCAL GOVERNMENTS DECREASES HOUSING DEVELOPMENT IN ~~THESE~~
77		-	LOCATIONS AND PUTS PRESSURE ON OTHER LOCAL GOVERNMENTS
78		-	'
79		-	~~RESIDENTIAL HOUSING STOCK, ROADS, UTILITIES, AND OTHER SERVICES; AND~~
80		-	(i) ~~IT IS THEREFORE NECESSARY FOR THE GENERAL ASSEMBLY TO~~
81		-	~~PREEMPT AND PROHIBIT~~ THE ~~ENFORCEMENT OF EXISTING ANTI~~
82		-	~~-GROWTH~~
83		-	LAWS AND PROHIBIT THE ENACTMENT AND ENFORCEMENT OF ~~NEW~~
84		-	~~PAGE 2-HOUSE BILL 23-1255~~ ANTI-GROWTH LAWS.
	94	+	HE ENACTMENT OR ENFORCEMENT OF ANTI -GROWTH LAWS BY11
	95	+	SOME LOCAL GOVERNMENTS DECREASES HOUSING DEVELOPMENT IN THESE12
	96	+	LOCATIONS AND PUTS PRESSURE ON OTHER LOCAL GOVERNMENTS '13
	97	+	RESIDENTIAL HOUSING STOCK, ROADS, UTILITIES, AND OTHER SERVICES;14
	98	+	AND15
	99	+	(i) I
	100	+	T IS THEREFORE NECESSARY FOR THE GENERAL ASSEMBLY TO16
	101	+	PREEMPT AND PROHIBIT THE ENFORCEMENT OF EXISTING ANTI -GROWTH17
	102	+	LAWS AND PROHIBIT THE ENACTMENT AND ENFORCEMENT OF NEW18
	103	+	ANTI-GROWTH LAWS.19
85	104		(2) A
86		-	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
87		-	REQUIRES
88		-	:
89		-	(a) "A
90		-	NTI-GROWTH LAW" MEANS A LAND USE LAW THAT EXPLICITLY
91		-	LIMITS EITHER THE GROWTH OF THE POPULATION IN THE GOVERNMENTAL
92		-	ENTITY
93		-	'S JURISDICTION OR THE NUMBER OF DEVELOPMENT PERMITS OR
94		-	BUILDING PERMIT APPLICATIONS FOR RESIDENTIAL DEVELOPMENT OR THE
95		-	RESIDENTIAL COMPONENT OF ANY MIXED USE DEVELOPMENT SUBMITTED TO
96		-	,
97		-	REVIEWED BY, APPROVED BY, OR ISSUED BY A GOVERNMENTAL ENTITY FOR
98		-	ANY CALENDAR OR FISCAL YEAR
99		-	. AS USED IN THIS SUBSECTION (2)(a), "LAND
100		-	USE LAW
101		-	" MEANS ANY STATUTE, RESOLUTION, ORDINANCE, CODE, RULE,
102		-	REGULATION, PLAN, POLICY, PROCEDURE, STANDARD, INITIATIVE, GUIDELINE,
103		-	REQUIREMENT, OR LAW THAT REGULATES THE USE OR DIVISION OF PROPERTY
104		-	OR ANY INTEREST IN PROPERTY
105		-	.
	105	+	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE20
	106	+	REQUIRES:21
	107	+	(a) "ANTI-GROWTH LAW" MEANS A LAND USE LAW THAT22
	108	+	EXPLICITLY LIMITS EITHER THE GROWTH OF THE POPULATION IN THE23
	109	+	GOVERNMENTAL ENTITY 'S JURISDICTION OR THE NUMBER OF24
	110	+	DEVELOPMENT PERMITS OR BUILDING PERMIT APPLICATIONS FOR25
	111	+	RESIDENTIAL DEVELOPMENT OR THE RESIDENTIAL COMPONENT OF ANY26
	112	+	MIXED USE DEVELOPMENT SUBMITTED TO, REVIEWED BY, APPROVED BY,27
	113	+	1255
	114	+	-3- OR ISSUED BY A GOVERNMENTAL ENTITY FOR ANY CALENDAR OR FISCAL1
	115	+	YEAR. AS USED IN THIS SUBSECTION (2)(a), "LAND USE LAW" MEANS ANY2
	116	+	STATUTE, RESOLUTION, ORDINANCE, CODE, RULE, REGULATION, PLAN,3
	117	+	POLICY, PROCEDURE, STANDARD, INITIATIVE, GUIDELINE, REQUIREMENT,4
	118	+	OR LAW THAT REGULATES THE USE OR DIVISION OF PROPERTY OR ANY5
	119	+	INTEREST IN PROPERTY.6
106	120		(b) "G
107		-	OVERNMENTAL ENTITY" MEANS:
	121	+	OVERNMENTAL ENTITY" MEANS:7
108	122		(I) A
109		-	STATUTORY OR HOME RULE COUNTY , A CITY AND COUNTY, OR
110		-	A MUNICIPALITY
111		-	; AND
112		-	(II) ANY SPECIAL DISTRICT OR AGENCY , AUTHORITY, POLITICAL
113		-	SUBDIVISION
114		-	, OR INSTRUMENTALITY OF A COUNTY , OR OF A CITY AND
115		-	COUNTY
116		-	, OR OF A MUNICIPALITY.
117		-	(c) "P
118		-	ROPERTY" MEANS REAL PROPERTY LOCATED WITHIN THE STATE
119		-	THAT IS NOT PUBLICLY OWNED
120		-	.
	123	+	STATUTORY OR HOME RULE COUNTY , A CITY AND COUNTY, OR8
	124	+	A MUNICIPALITY; AND9
	125	+	(II) A
	126	+	NY SPECIAL DISTRICT OR AGENCY, AUTHORITY, POLITICAL10
	127	+	SUBDIVISION, OR INSTRUMENTALITY OF A COUNTY , OR OF A CITY AND11
	128	+	COUNTY, OR OF A MUNICIPALITY.12
	129	+	13
	130	+	(c) "PROPERTY" MEANS REAL PROPERTY LOCATED WITHIN THE14
	131	+	STATE THAT IS NOT PUBLICLY OWNED .15
121	132		(3) N
122		-	OTWITHSTANDING ANY PROVISION OF SECTION 29-20-104 TO
123		-	THE CONTRARY
124		-	, A GOVERNMENTAL ENTITY SHALL NOT ENACT OR ENFORCE
125		-	AN ANTI
126		-	-GROWTH LAW AFFECTING PROPERTY .
127		-	(4) (a) N
128		-	OTWITHSTANDING ANY PROVISION OF SECTION 29-20-104 OR
129		-	SUBSECTION
130		-	(3) OF THIS SECTION TO THE CONTRARY , A GOVERNMENTAL
131		-	ENTITY MAY ENACT AND ENFORCE A TEMPORARY
132		-	, NONRENEWABLE
133		-	ANTI
134		-	-GROWTH LAW:
135		-	(I) F
136		-	OLLOWING A DISASTER EMERGENCY DECLARED BY THE
137		-	GOVERNOR OR LOCAL GOVERNMENT THAT OCCURRED IN THE JURISDICTION
138		-	PAGE 3-HOUSE BILL 23-1255 OF THE GOVERNMENTAL ENTITY ;
139		-	(II) F
140		-	OR THE PURPOSE OF DEVELOPING OR AMENDING LAND USE
141		-	PLANS OR LAND USE LAWS COVERING RESIDENTIAL DEVELOPMENT OR THE
142		-	RESIDENTIAL COMPONENT OF A MIXED
143		-	-USE DEVELOPMENT; OR
144		-	(III) TO PROVIDE FOR THE EXTENSION OR ACQUISITION OF PUBLIC
145		-	INFRASTRUCTURE
146		-	, PUBLIC SERVICES, OR WATER RESOURCES.
147		-	(b) A
148		-	TEMPORARY, NONRENEWABLE ANTI-GROWTH LAW AFFECTING
149		-	PROPERTY ALLOWED BY SUBSECTION
150		-	(4)(a) OF THIS SECTION MAY BE
151		-	EFFECTIVE FOR NO MORE THAN TWENTY
152		-	-FOUR MONTHS IN ANY FIVE-YEAR
153		-	PERIOD
154		-	.
155		-	(5) (a) E
156		-	XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (5)(b) OF
157		-	THIS SECTION
158		-	, NOTHING IN THIS SECTION REQUIRES A GOVERNMENTAL
159		-	ENTITY TO APPROVE A PERMIT APPLICATION OR PRECLUDES A
160		-	GOVERNMENTAL ENTITY FROM REGULATING THE USE OF LAND
161		-	, DEVELOPING
162		-	LAND USE PLANS
163		-	, ENACTING AFFORDABILITY REQUIREMENTS THAT
164		-	REGULATE OR RESTRICT MARKET RATE DEVELOPMENT OR REDEVELOPMENT
165		-	IN ORDER TO ENFORCE AFFORDABILITY REQUIREMENTS
166		-	, REGULATING THE
167		-	RENTAL OF ANY PROPERTY OR PORTION OF A PROPERTY THAT IS AVAILABLE
168		-	FOR LODGING FOR LESS THAN THIRTY DAYS
169		-	, OR DENYING A PERMIT FOR ANY
170		-	REASON
171		-	, INCLUDING EXTENDING OR ACQUIRING INFRASTRUCTURE , WATER
172		-	RESOURCES
173		-	, OR SERVICES.
174		-	(b) S
175		-	UBSECTION (5)(a) OF THIS SECTION DOES NOT APPLY TO A HOTEL
176		-	UNIT PORTION OF A STRUCTURE THAT IS USED BY A BUSINESS
177		-	ESTABLISHMENT TO PROVIDE COMMERCIAL LODGING TO THE GENERAL
178		-	PUBLIC FOR PREDOMINANTLY OVERNIGHT OR WEEKLY STAYS
179		-	, THAT IS
180		-	CLASSIFIED AS A HOTEL OR MOTEL FOR PURPOSES OF PROPERTY TAXATION
181		-	,
182		-	THAT IS NOT A UNIT, AS DEFINED IN SECTION 38-33.3-103 (30), IN A
183		-	CONDOMINIUM
184		-	, AND THAT IS ZONED OR PERMITTED BY A GOVERNMENTAL
185		-	ENTITY FOR USE AS A HOTEL
186		-	.
187		-	SECTION 2. In Colorado Revised Statutes, 29-20-104, amend (1)
188		-	introductory portion as follows:
189		-	29-20-104. Powers of local governments - definition. (1) Except
190		-	as expressly provided in section 29-20-104.5
191		-	SECTION 29-20-104.2 OR
192		-	PAGE 4-HOUSE BILL 23-1255 29-20-104.5, the power and authority granted by this section does not limit
193		-	any power or authority presently exercised or previously granted. E
194		-	XCEPT
195		-	AS PROVIDED IN SECTION
196		-	29-20-104.2, each local government within its
197		-	respective jurisdiction has the authority to plan for and regulate the use of
198		-	land by:
199		-	SECTION 3. Act subject to petition - effective date. This act
200		-	takes effect at 12:01 a.m. on the day following the expiration of the
201		-	ninety-day period after final adjournment of the general assembly; except
202		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
203		-	of the state constitution against this act or an item, section, or part of this act
204		-	within such period, then the act, item, section, or part will not take effect
205		-	unless approved by the people at the general election to be held in
206		-	PAGE 5-HOUSE BILL 23-1255 November 2024 and, in such case, will take effect on the date of the official
207		-	declaration of the vote thereon by the governor.
208		-	____________________________ ____________________________
209		-	Julie McCluskie Steve Fenberg
210		-	SPEAKER OF THE HOUSE PRESIDENT OF
211		-	OF REPRESENTATIVES THE SENATE
212		-	____________________________ ____________________________
213		-	Robin Jones Cindi L. Markwell
214		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
215		-	OF REPRESENTATIVES THE SENATE
216		-	APPROVED________________________________________
217		-	(Date and Time)
218		-	_________________________________________
219		-	Jared S. Polis
220		-	GOVERNOR OF THE STATE OF COLORADO
221		-	PAGE 6-HOUSE BILL 23-1255
	133	+	OTWITHSTANDING ANY PROVISION OF SECTION 29-20-104 TO16
	134	+	THE CONTRARY, A GOVERNMENTAL ENTITY SHALL NOT ENACT OR ENFORCE17 AN ANTI-GROWTH LAW AFFECTING PROPERTY . 18
	135	+	(4) (a) NOTWITHSTANDING ANY PROVISION OF SECTION 29-20-10419
	136	+	OR SUBSECTION (3) OF THIS SECTION TO THE CONTRARY , A20
	137	+	GOVERNMENTAL ENTITY MAY ENACT AND ENFORCE A TEMPORARY ,21
	138	+	NONRENEWABLE ANTI-GROWTH LAW:22
	139	+	(I) FOLLOWING A DISASTER EMERGENCY DECLARED BY THE23
	140	+	GOVERNOR OR LOCAL GOVERNMENT THAT OCCURRED IN THE JURISDICTION24
	141	+	OF THE GOVERNMENTAL ENTITY ;25
	142	+	(II) FOR THE PURPOSE OF DEVELOPING OR AMENDING LAND USE26
	143	+	PLANS OR LAND USE LAWS COVERING RESIDENTIAL DEVELOPMENT OR THE27
	144	+	1255
	145	+	-4- RESIDENTIAL COMPONENT OF A MIXED -USE DEVELOPMENT; OR1
	146	+	(III) TO PROVIDE FOR THE EXTENSION OR ACQUISITION OF PUBLIC2
	147	+	INFRASTRUCTURE, PUBLIC SERVICES, OR WATER RESOURCES.3
	148	+	(b) A TEMPORARY, NONRENEWABLE ANTI-GROWTH LAW4
	149	+	AFFECTING PROPERTY ALLOWED BY SUBSECTION (4)(a) OF THIS SECTION5
	150	+	MAY BE EFFECTIVE FOR NO MORE THAN TWENTY -FOUR MONTHS IN ANY6
	151	+	FIVE-YEAR PERIOD.7
	152	+	(5) (a) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (4)(b) OF8
	153	+	THIS SECTION, NOTHING IN THIS SECTION REQUIRES A GOVERNMENTAL9
	154	+	ENTITY TO APPROVE A PERMIT APPLICATION OR PRECLUDES A10
	155	+	GOVERNMENTAL ENTITY FROM REGULATING THE USE OF LAND ,11
	156	+	DEVELOPING LAND USE PLANS, ENACTING AFFORDABILITY REQUIREMENTS12
	157	+	THAT REGULATE OR RESTRICT MARKET RATE DEVELOPMENT OR13
	158	+	REDEVELOPMENT IN ORDER TO ENFORCE AFFORDABILITY REQUIREMENTS ,14
	159	+	REGULATING THE RENTAL OF ANY PROPERTY OR PORTION OF A PROPERTY15
	160	+	THAT IS AVAILABLE FOR LODGING FOR LESS THAN THIRTY DAYS , OR16
	161	+	DENYING A PERMIT FOR ANY REASON, INCLUDING EXTENDING OR17
	162	+	ACQUIRING INFRASTRUCTURE , WATER RESOURCES, OR SERVICES.18
	163	+	(b) SUBSECTION (4)(a) OF THIS SECTION DOES NOT APPLY TO A19
	164	+	HOTEL UNIT PORTION OF A STRUCTURE THAT IS USED BY A BUSINESS20
	165	+	ESTABLISHMENT TO PROVIDE COMMERCIAL LODGING TO THE GENERAL21
	166	+	PUBLIC FOR PREDOMINANTLY OVERNIGHT OR WEEKLY STAYS, THAT IS22
	167	+	CLASSIFIED AS A HOTEL OR MOTEL FOR PURPOSES OF PROPERTY TAXATION ,23
	168	+	THAT IS NOT A UNIT, AS DEFINED IN SECTION 38-33.3-103 (30), IN A24
	169	+	CONDOMINIUM, AND THAT IS ZONED OR PERMITTED BY A GOVERNMENTAL25
	170	+	ENTITY FOR USE AS A HOTEL.26
	171	+	SECTION 2. In Colorado Revised Statutes, 29-20-104, amend27
	172	+	1255
	173	+	-5- (1) introductory portion as follows:1
	174	+	29-20-104. Powers of local governments - definition.2
	175	+	(1) Except as expressly provided in section 29-20-104.5 SECTION3
	176	+	29-20-104.2
	177	+	OR 29-20-104.5, the power and authority granted by this4
	178	+	section does not limit any power or authority presently exercised or5
	179	+	previously granted. E
	180	+	XCEPT AS PROVIDED IN SECTION 29-20-104.2, each6
	181	+	local government within its respective jurisdiction has the authority to7
	182	+	plan for and regulate the use of land by:8
	183	+	SECTION 3. Act subject to petition - effective date. This act9
	184	+	takes effect at 12:01 a.m. on the day following the expiration of the10
	185	+	ninety-day period after final adjournment of the general assembly; except11
	186	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V12
	187	+	of the state constitution against this act or an item, section, or part of this13
	188	+	act within such period, then the act, item, section, or part will not take14
	189	+	effect unless approved by the people at the general election to be held in15
	190	+	November 2024 and, in such case, will take effect on the date of the16
	191	+	official declaration of the vote thereon by the governor.17
	192	+	1255
	193	+	-6-