HOUSE BILL 23-1255
BY REPRESENTATIVE(S) Lindstedt and Dickson, deGruy Kennedy,
Epps, Froelich, Garcia, Jodeh, Lindsay, Mabrey, Michaelson Jenet,
Sharbini, Sirota, Woodrow, Kipp, Story, Vigil, Weissman;
also SENATOR(S) Gonzales, Buckner, Cutter, Hinrichsen, Moreno, Priola,
Winter F.
C
ONCERNING PREEMPTION OF LOCAL REGULATIONS LIMITING THE NUMBER
OF BUILDING PERMITS ISSUED FOR DEVELOPMENT
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 29-20-104.2 as
follows:
29-20-104.2. Anti-growth law - preemption - legislative
declaration - definitions. (1) T
HE GENERAL ASSEMBLY FINDS AND
DECLARES THAT
:
(a) A
RELIABLE PUBLIC POLICY ENVIRONMENT THAT SUPPORTS AN
ADEQUATE AND AFFORDABLE HOUSING SUPPLY IS A MATTER OF STATEWIDE
CONCERN
, AND A HEALTHY SUPPLY OF HOUSING UNITS TO MATCH BOTH
CURRENT DEMAND AND FUTURE DEMAND DRIVEN BY POPULATION GROWTH
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. IS CRITICAL FOR JOB CREATION, HOUSING STABILITY, AFFORDABILITY, AND
THE OVERALL ECONOMIC WELL
-BEING OF ALL COLORADANS;
(b) T
HE LACK OF AFFORDABLE HOUSING IN COLORADO IS DIRECTLY
ATTRIBUTABLE TO THE SCARCITY OF HOUSING UNITS
;
(c) A
CCORDING TO A STUDY OF HOUSING DEVELOPMENT IN
COLORADO, THE STATE HAS OVER ONE HUNDRED SEVENTY -FIVE THOUSAND
FEWER HOUSING UNITS THAN NEEDED TO RESTORE ITS HISTORICAL
POPULATION
-TO-HOUSING RATIO FROM 1986 THROUGH 2008;
(d) T
O CLOSE THE DEFICIT AND ACCOUNT FOR PROJECTED
POPULATION GROWTH
, THE STATE WILL NEED TO ADD OVER ONE HUNDRED
SIXTY
-TWO THOUSAND HOUSING UNITS BY 2027;
(e) A
NTI-GROWTH LAWS ENACTED BY LOCAL GOVERNMENTS
SEVERELY UNDERMINE THE ABILITY TO CONSTRUCT THE ADDITIONAL
HOUSING UNITS
COLORADANS NEED;
(f) A
NTI-GROWTH LAWS DO IRREPARABLE ECONOMIC HARM TO
WORKING CLASS
COLORADANS BY LIMITING THE HOUSING SUPPLY AND
DRIVING UP HOUSING PRICES AND RENTS
. FURTHERMORE, ANTI-GROWTH
LAWS THREATEN THE LIVELIHOOD OF
COLORADANS EMPLOYED IN
CONSTRUCTION AND OTHER BUILDING TRADES AS WELL AS BUSINESSES
ACROSS THE STATE THAT RELY ON THE COMMERCE ASSOCIATED WITH HOME
BUILDING
.
(g) U
NIFORMITY IN LAND USE LAWS CONCERNING RESIDENTIAL
GROWTH IS NECESSARY FOR EFFICIENT RESIDENTIAL DEVELOPMENT
STATEWIDE AND FOR THE ENCOURAGEMENT OF CONSTRUCTION OF NEW
HOUSING UNITS
;
(h) T
HE ENACTMENT OR ENFORCEMENT OF ANTI -GROWTH LAWS BY
SOME LOCAL GOVERNMENTS DECREASES HOUSING DEVELOPMENT IN THESE
LOCATIONS AND PUTS PRESSURE ON OTHER LOCAL GOVERNMENTS
'
RESIDENTIAL HOUSING STOCK, ROADS, UTILITIES, AND OTHER SERVICES; AND
(i) IT IS THEREFORE NECESSARY FOR THE GENERAL ASSEMBLY TO
PREEMPT AND PROHIBIT THE ENFORCEMENT OF EXISTING ANTI
-GROWTH
LAWS AND PROHIBIT THE ENACTMENT AND ENFORCEMENT OF NEW
PAGE 2-HOUSE BILL 23-1255 ANTI-GROWTH LAWS.
(2) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
:
(a) "A
NTI-GROWTH LAW" MEANS A LAND USE LAW THAT EXPLICITLY
LIMITS EITHER THE GROWTH OF THE POPULATION IN THE GOVERNMENTAL
ENTITY
'S JURISDICTION OR THE NUMBER OF DEVELOPMENT PERMITS OR
BUILDING PERMIT APPLICATIONS FOR RESIDENTIAL DEVELOPMENT OR THE
RESIDENTIAL COMPONENT OF ANY MIXED USE DEVELOPMENT SUBMITTED TO
,
REVIEWED BY, APPROVED BY, OR ISSUED BY A GOVERNMENTAL ENTITY FOR
ANY CALENDAR OR FISCAL YEAR
. AS USED IN THIS SUBSECTION (2)(a), "LAND
USE LAW
" MEANS ANY STATUTE, RESOLUTION, ORDINANCE, CODE, RULE,
REGULATION, PLAN, POLICY, PROCEDURE, STANDARD, INITIATIVE, GUIDELINE,
REQUIREMENT, OR LAW THAT REGULATES THE USE OR DIVISION OF PROPERTY
OR ANY INTEREST IN PROPERTY
.
(b) "G
OVERNMENTAL ENTITY" MEANS:
(I) A
STATUTORY OR HOME RULE COUNTY , A CITY AND COUNTY, OR
A MUNICIPALITY
; AND
(II) ANY SPECIAL DISTRICT OR AGENCY , AUTHORITY, POLITICAL
SUBDIVISION
, OR INSTRUMENTALITY OF A COUNTY , OR OF A CITY AND
COUNTY
, OR OF A MUNICIPALITY.
(c) "P
ROPERTY" MEANS REAL PROPERTY LOCATED WITHIN THE STATE
THAT IS NOT PUBLICLY OWNED
.
(3) N
OTWITHSTANDING ANY PROVISION OF SECTION 29-20-104 TO
THE CONTRARY
, A GOVERNMENTAL ENTITY SHALL NOT ENACT OR ENFORCE
AN ANTI
-GROWTH LAW AFFECTING PROPERTY .
(4) (a) N
OTWITHSTANDING ANY PROVISION OF SECTION 29-20-104 OR
SUBSECTION
(3) OF THIS SECTION TO THE CONTRARY , A GOVERNMENTAL
ENTITY MAY ENACT AND ENFORCE A TEMPORARY
, NONRENEWABLE
ANTI
-GROWTH LAW:
(I) F
OLLOWING A DISASTER EMERGENCY DECLARED BY THE
GOVERNOR OR LOCAL GOVERNMENT THAT OCCURRED IN THE JURISDICTION
PAGE 3-HOUSE BILL 23-1255 OF THE GOVERNMENTAL ENTITY ;
(II) F
OR THE PURPOSE OF DEVELOPING OR AMENDING LAND USE
PLANS OR LAND USE LAWS COVERING RESIDENTIAL DEVELOPMENT OR THE
RESIDENTIAL COMPONENT OF A MIXED
-USE DEVELOPMENT; OR
(III) TO PROVIDE FOR THE EXTENSION OR ACQUISITION OF PUBLIC
INFRASTRUCTURE
, PUBLIC SERVICES, OR WATER RESOURCES.
(b) A
TEMPORARY, NONRENEWABLE ANTI-GROWTH LAW AFFECTING
PROPERTY ALLOWED BY SUBSECTION
(4)(a) OF THIS SECTION MAY BE
EFFECTIVE FOR NO MORE THAN TWENTY
-FOUR MONTHS IN ANY FIVE-YEAR
PERIOD
.
(5) (a) E
XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (5)(b) OF
THIS SECTION
, NOTHING IN THIS SECTION REQUIRES A GOVERNMENTAL
ENTITY TO APPROVE A PERMIT APPLICATION OR PRECLUDES A
GOVERNMENTAL ENTITY FROM REGULATING THE USE OF LAND
, DEVELOPING
LAND USE PLANS
, ENACTING AFFORDABILITY REQUIREMENTS THAT
REGULATE OR RESTRICT MARKET RATE DEVELOPMENT OR REDEVELOPMENT
IN ORDER TO ENFORCE AFFORDABILITY REQUIREMENTS
, REGULATING THE
RENTAL OF ANY PROPERTY OR PORTION OF A PROPERTY THAT IS AVAILABLE
FOR LODGING FOR LESS THAN THIRTY DAYS
, OR DENYING A PERMIT FOR ANY
REASON
, INCLUDING EXTENDING OR ACQUIRING INFRASTRUCTURE , WATER
RESOURCES
, OR SERVICES.
(b) S
UBSECTION (5)(a) OF THIS SECTION DOES NOT APPLY TO A HOTEL
UNIT PORTION OF A STRUCTURE THAT IS USED BY A BUSINESS
ESTABLISHMENT TO PROVIDE COMMERCIAL LODGING TO THE GENERAL
PUBLIC FOR PREDOMINANTLY OVERNIGHT OR WEEKLY STAYS
, THAT IS
CLASSIFIED AS A HOTEL OR MOTEL FOR PURPOSES OF PROPERTY TAXATION
,
THAT IS NOT A UNIT, AS DEFINED IN SECTION 38-33.3-103 (30), IN A
CONDOMINIUM
, AND THAT IS ZONED OR PERMITTED BY A GOVERNMENTAL
ENTITY FOR USE AS A HOTEL
.
SECTION 2. In Colorado Revised Statutes, 29-20-104, amend (1)
introductory portion as follows:
29-20-104. Powers of local governments - definition. (1) Except
as expressly provided in section 29-20-104.5
SECTION 29-20-104.2 OR
PAGE 4-HOUSE BILL 23-1255 29-20-104.5, the power and authority granted by this section does not limit
any power or authority presently exercised or previously granted. E
XCEPT
AS PROVIDED IN SECTION
29-20-104.2, each local government within its
respective jurisdiction has the authority to plan for and regulate the use of
land by:
SECTION 3. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 5-HOUSE BILL 23-1255 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie 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 6-HOUSE BILL 23-1255