First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 23-0890.01 Pierce Lively x2059
SENATE BILL 23-213
Senate Committees House Committees
Local Government & Housing
Appropriations
A BILL FOR AN ACT
C
ONCERNING STATE LAND USE REQUIREMENTS , AND, IN CONNECTION101
THEREWITH, ESTABLISHING A PROCESS TO DIAGNOSE AND
102
ADDRESS HOUSING NEEDS ACROSS THE STATE , PROHIBITING A103
LOCAL GOVERNMENT FROM ENFORCING CERTAIN OCCUPANCY104
LIMITS, MODIFYING THE CONTENT REQUIREMENTS FOR COUNTY105
AND MUNICIPAL MASTER PLANS , CRITERIA FOR CERTAIN GRANT106
PROGRAMS, AND EXPENDITURES FROM THE MULTIMODAL107
TRANSPORTATION OPTIONS F UND TO ALIGN WITH STATE108
STRATEGIC GROWTH OBJECTIVES , AND MAKING AN109
APPROPRIATION.110
Bill Summary
(Note: This summary applies to this bill as introduced and does
SENATE
Amended 2nd Reading
April 27, 2023
SENATE SPONSORSHIP
Moreno,
HOUSE SPONSORSHIP
Jodeh and Woodrow,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Housing needs planning. The executive director of the
department of local affairs (director) shall, no later than December 31,
2024, and every 5 years thereafter, issue methodology for developing
statewide, regional, and local housing needs assessments. The statewide
housing needs assessment must determine existing statewide housing
stock and current and future housing needs. The regional housing needs
assessments must allocate the addressing of housing needs identified in
the statewide housing needs assessment to regions of the state. Similarly,
the local housing needs assessments must allocate the addressing of the
housing needs allocated in the regional housing needs assessment to
localities in the relevant region.
The director shall, no later than December 31, 2024, issue
guidance on creating a housing needs plan for both a rural resort job
center municipality and an urban municipality. Following this guidance,
no later than December 31, 2026, and every 5 years thereafter, a rural
resort job center municipality and an urban municipality shall develop a
housing needs plan and submit that plan to the department of local affairs
(department). A housing needs plan must include, among other things,
descriptions of how the plan was created, how the municipality will
address the housing needs it was assigned in the local housing needs
assessment, affordability strategies the municipality has selected to
address its local housing needs assessment, an assessment of
displacement risk and any strategies selected to address identified risks,
and how the locality will comply with other housing requirements in this
bill.
The director shall, no later than December 31, 2024, develop and
publish a menu of affordability strategies to address housing production,
preservation, and affordability. Rural resort job center municipalities and
urban municipalities shall identify at least 2 of these strategies that they
intend to implement in their housing plan, and urban municipalities with
a transit-oriented area must identify at least 3.
The director shall, no later than December 31, 2024, develop and
publish a menu of displacement mitigation measures. This menu must,
among other things, provide guidance for how to identify areas at the
highest risk for displacement and identify displacement mitigation
measures that a locality may adopt. An urban municipality must identify
which of these measures it intends to implement in its housing plan to
address any areas it identifies as at an elevated risk for displacement.
The director shall, no later than March 31, 2024, publish a report
that identifies strategic growth objectives that will incentivize growth in
213
-2- transit-oriented areas and infill areas and guide growth at the edges of
urban areas. The multi-agency advisory committee shall, no later than
March 31, 2024, submit a report to the general assembly concerning the
strategic growth objectives.
The bill establishes a multi-agency advisory committee and
requires that committee to conduct a public comment and hearing process
on and provide recommendations to the director on:
! Methodologies for developing statewide, regional, and
local housing needs assessments;
! Guidance for creating housing needs plans;
! Developing a menu of affordability strategies;
! Developing a menu of displacement mitigation measures;
! Identifying strategic growth objectives; and
! Developing reporting guidance and templates.
A county or municipality within a rural resort region shall
participate in a regional housing needs planning process. This process
must encourage participating counties and municipalities to identify
strategies that, either individually or through intergovernmental
agreements, address the housing needs assigned to them. A report on this
process must be submitted to the department. Further, within 6 months of
completing this process, a rural resort job center municipality shall submit
a local housing needs plan to the department. Once a year, both rural
resort job centers and urban municipalities shall report to the department
on certain housing data.
A multi-agency group created in the bill and the division of local
government within the department shall provide assistance to localities
in complying with the requirements of this bill. This assistance must
include technical assistance and a grant program.
Accessory dwelling units. The director shall promulgate an
accessory dwelling unit model code that, among other things, requires
accessory dwelling units to be allowed as a use by right in any part of a
municipality where the municipality allows single-unit detached
dwellings as a use by right. The committee shall provide
recommendations to the director for promulgating this model code. In
developing these recommendations, the committee shall conduct a public
comment and hearing process.
Even if a municipality does not adopt the accessory dwelling unit
model code, the municipality shall adhere to accessory dwelling unit
minimum standards established in the bill and by the department. These
minimum standards, among other things, must require a municipality to:
! Allow accessory dwelling units as a use by right in any part
of the municipality where the municipality allows
single-unit detached dwellings as a use by right;
! Only adopt or enforce local laws concerning accessory
dwelling units that use objective standards and procedures;
213
-3- ! Not adopt, enact, or enforce local laws concerning
accessory dwelling units that are more restrictive than local
laws concerning single-unit detached dwellings; and
! Not apply standards that make the permitting, siting, or
construction of accessory dwelling units infeasible.
Middle housing. The director shall promulgate a middle housing
model code that, among other things, requires middle housing to be
allowed as a use by right in any part of a rural resort job center
municipality or a tier one urban municipality where the municipality
allows single-unit detached dwellings as a use by right. The committee
shall provide recommendations to the director for promulgating this
model code. In developing these recommendations, the committee shall
conduct a public comment and hearing process.
Even if a rural resort job center municipality or a tier one urban
municipality does not adopt the middle housing model code, the
municipality shall adhere to middle housing minimum standards
established in the bill and by the department. These minimum standards,
among other things, must require a municipality to:
! Allow middle housing as a use by right in certain areas;
! Only adopt or enforce local laws concerning middle
housing that use objective standards and procedures;
! Allow properties on which middle housing is allowed to be
split by right using objective standards and procedures;
! Not adopt, enact, or enforce local laws concerning middle
housing that are more restrictive than local laws concerning
single-unit detached dwellings; and
! Not apply standards that make the permitting, siting, or
construction of middle housing infeasible.
Transit-oriented areas. The director shall promulgate a
transit-oriented area model code that, among other things, imposes
minimum residential density limits for multifamily residential housing
and mixed-income multifamily residential housing and allows these
developments as a use by right in the transit-oriented areas of tier one
urban municipalities. The committee shall provide recommendations to
the director for promulgating this model code. In developing these
recommendations, the committee shall conduct a public comment and
hearing process.
Even if a tier one urban municipality does not adopt the
transit-oriented model code, the municipality shall adhere to middle
housing minimum standards established in the bill and by the department.
These minimum standards, among other things, must require a
municipality to:
! Create a zoning district within a transit-oriented area in
which multifamily housing meets a minimum residential
density limit and is allowed as a use by right; and
213
-4- ! Not apply standards that make the permitting, siting, or
construction of multifamily housing in transit-oriented
areas infeasible.
Key corridors. The director shall promulgate a key corridor model
code that applies to key corridors in rural resort job center municipalities
and tier one urban municipalities. The model code must, among other
things, include requirements for:
! The percentage of units in mixed-income multifamily
residential housing that must be reserved for low- and
moderate-income households;
! Minimum residential density limits for multifamily
residential housing; and
! Mixed-income multifamily residential housing that must be
allowed as a use by right in key corridors.
The committee shall provide recommendations to the director for
promulgating this model code. In developing these recommendations, the
committee shall conduct a public comment and hearing process.
Even if a rural resort job center municipality or a tier one urban
municipality does not adopt the key corridor model code, the municipality
shall adhere to key corridor minimum standards promulgated by the
director and developed by the department. These minimum standards,
among other things, must identify a net residential zoning capacity for a
municipality and must require a municipality to:
! Allow multifamily residential housing within key corridors
that meets the net residential zoning capacity as a use by
right;
! Not apply standards that make the permitting, siting, or
construction of multifamily housing in certain areas
infeasible; and
! Not adopt, enact, or enforce local laws that make satisfying
the required minimum residential density limits infeasible.
The committee shall provide recommendations to the director on
promulgating these minimum standards. In developing these
recommendations, the committee shall conduct a public comment and
hearing process.
Adoption of model codes and minimum standards. A relevant
municipality shall adopt either the model code or local laws that satisfy
the minimum standards concerning accessory dwelling units, middle
housing, transit-oriented areas, and key corridors. Furthermore, a
municipality shall submit a report to the department demonstrating that
it has done so. If a municipality fails to adopt either the model code or
local laws that satisfy the minimum standards by a specified deadline, the
relevant model code immediately goes into effect, and municipalities
shall then approve any proposed projects that meet the standards in the
model code using objective procedures. However, a municipality may
213
-5- apply to the department for a deadline extension for a deficiency in water
or wastewater infrastructure or supply.
Additional provisions. The bill also:
! Requires the advisory committee on factory-built structures
and tiny homes to produce a report on the opportunities and
barriers in state law concerning the building of
manufactured homes, mobile homes, and tiny homes;
! Removes the requirements that manufacturers of
factory-built structures comply with escrow requirements
of down payments and provide a letter of credit, certificate
of deposit issued by a licensed financial institution, or
surety bond issued by an authorized insurer;
! Prohibits a planned unit development resolution or
ordinance for a planned unit with a residential use from
restricting accessory dwelling units, middle housing,
housing in transit-oriented areas, or housing in key
corridors in a way not allowed by this bill;
! Prohibits a local government from enacting or enforcing
residential occupancy limits that differ based on the
relationships of the occupants of a dwelling;
! Modifies the content requirements for a county and
municipal master plan, requires counties and municipalities
to adopt or amend master plans as part of an inclusive
process, and requires counties and municipalities to submit
master plans to the department;
! Allows a municipality to sell and dispose of real property
and public buildings for the purpose of providing property
to be used as affordable housing, without requiring the sale
to be submitted to the voters of the municipality;
! Requires the approval process for manufactured and
modular homes to be based on objective standards and
administrative review equivalent to the approval process
for site-built homes;
! Prohibits a municipality from imposing more restrictive
standards on manufactured and modular homes than the
municipality imposes on site-built homes;
! Prohibits certain municipalities from imposing minimum
square footage requirements for residential units in the
approval of residential dwelling unit construction permits;
! Requires certain entities to submit to the Colorado water
conservation board (board) a completed and validated
water loss audit report pursuant to guidelines that the board
shall adopt;
! Allows the board to make grants from the water efficiency
grant program cash fund to provide water loss audit report
213
-6- validation assistance to covered entities;
! Allows the board and the Colorado water resources and
power development authority to consider whether an entity
has submitted a required audit report in deciding whether
to release financial assistance to the entity for the
construction of a water diversion, storage, conveyance,
water treatment, or wastewater treatment facility;
! Prohibits a unit owners' association from restricting
accessory dwelling units, middle housing, housing in
transit-oriented areas, or housing in key corridors;
! Requires the department of transportation to ensure that the
prioritization criteria for any grant program administered
by the department are consistent with state strategic growth
objectives, so long as doing so does not violate federal law;
! Requires any regional transportation plan that is created or
updated to address and ensure consistency with state
strategic growth objectives;
! Requires that expenditures for local and state multimodal
projects from the multimodal transportation options fund
are only to be made for multimodal projects that the
department determines are consistent with state strategic
growth objectives; and
! For state fiscal year 2023-24, appropriates $15,000,000
from the general fund to the housing plans assistance fund
and makes the department responsible for the accounting
related to the appropriation.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add article 33 to title
2
29 as follows:3
ARTICLE 33 4
State Land Use Requirements For Affordable Housing5
PART 16
HOUSING NEEDS PLANNING7
213-7- 29-33-101. Legislative declaration. (1) T HE GENERAL ASSEMBLY1
HEREBY FINDS, DETERMINES, AND DECLARES THAT:2
(a) C
OLORADO LACKS A COORDINATED PROCESS TO SET GOALS ,
3
DEVELOP SOLUTIONS, AND TRACK PROGRESS TOWARDS M EETING4
STATEWIDE, REGIONAL, AND LOCAL HOUSING NEEDS;5
(b) C
ONSISTENT INFORMATION ABOUT STATEWIDE , REGIONAL, AND
6
LOCAL HOUSING NEEDS IS ESSENTIAL IN DEVELOPING EQUITABLE AND7
EFFECTIVE HOUSING POLICIES AND STRATEGIES AND IMPROVING EFFORTS8
TO INCREASE HOUSING AFFORDABILITY OVER TIME ;9
(c) H
OUSING MARKETS EXPAND BEYOND THE BORDERS OF
10
INDIVIDUAL LOCAL GOVERNMENTS , AND INFORMATION IS REQUIRED ON A11
LOCAL, REGIONAL, AND STATEWIDE SCALE TO MAKE A HOLISTIC PLAN FOR12
ADDRESSING HOUSING NEEDS ;13
(d) A
LTHOUGH SOME LOCAL GOVERNMENTS WORK TO ASSESS AND
14
ADDRESS HOUSING NEEDS, THESE LOCAL GOVERNMENTS USE DIFFERENT15
METHODOLOGIES, DO THIS WORK AT DIFFERENT TIMES , AND LACK16
REGIONAL COORDINATION;17
(e) A
LTHOUGH SOME LOCAL GOVERNMENTS WORK TO BECOME
18
AGE-FRIENDLY COMMUNITIES , THESE LOCAL GOVERNMENTS USE19
DIFFERENT APPROACHES TO ADDRESS OLDER ADULT HOUSING NEEDS , AND20
MANY LOCAL GOVERNMENTS DO NOT SPECIFICALLY PLAN FOR STRATEGIES21
TO ADDRESS OLDER ADULT HOUSING NEEDS . OLDER ADULTS REPRESENT22
THE FASTEST GROWING SEGMENT OF COLORADO'S POPULATION AND HAVE23
DIVERSE HOUSING NEEDS. LOCAL GOVERNMENTS THAT DO NOT PLAN TO24
ADEQUATELY MEET THE NEED FOR MORE ACCESSIBLE AND AFFORDABLE25
HOUSING UNITS BUILT WITH UNIVERSAL DESIGN AND LOCATED WITHIN AGE26
FRIENDLY COMMUNITIES, CONTRIBUTE TO AN IMBALANCE IN THE LOCAL ,27
213
-8- REGIONAL, AND STATEWIDE HOUSING MARKETS .1
(f) L
OCAL GOVERNMENTS THAT DO NOT ALLOW HOUSING SUPPLY
2
TO KEEP PACE WITH HOUSEHOLD AND JOB GROWTH AND CHANGING3
DEMOGRAPHICS IN THEIR JURISDICTIONS EXPORT THEIR HOUSING NEEDS TO4
NEIGHBORING COMMUNITIES , CAUSING REGIONAL IMBALANCES THAT5
IMPACT EQUITY, POLLUTION, INFRASTRUCTURE COSTS, AND QUALITY OF6
LIFE;7
(g) R
EQUIRING LOCAL GOVERNMENTS TO PLAN FOR AND
8
IMPLEMENT STRATEGIES TO MEET AN EQUITABLE AMOUNT OF THEIR9
REGION'S HOUSING DEMAND WILL HELP MITIGATE THESE IMBALANCES AND10
THEIR NEGATIVE IMPACTS;11
(h) T
HE STATE MANAGES MULTIPLE GRANT -BASED PROGRAMS
12
DESIGNED TO HELP LOCAL GOVE RNMENTS ASSESS AND MEET HOUSING13
NEEDS, AND THESE PROGRAMS WILL BE ABLE TO MORE EFFECTIVELY14
ADDRESS HOUSING ISSUES WITH MORE COMPREHENSIVE AND CONSISTENT15
INFORMATION INFORMED BY REGIONAL AND STATEWIDE DATA ; AND16
(i) T
HE AFFORDABLE HOUSING TRANSFORMATIONAL TASK FORCE
17
ESTABLISHED IN SECTION 24-75-229 (6)(a), IDENTIFIED A STATEWIDE18
HOUSING NEEDS ASSESSMENT AND PRODUCTION STRATEGY AS A TOP19
LEGISLATIVE PRIORITY FOR COLORADO IN THE TASK FORCE'S FEBRUARY20
23,
2022, REPORT TO THE GENERAL ASSEMBLY .
21
29-33-102. Definitions. A
S USED IN THIS ARTICLE 33, UNLESS THE
22
CONTEXT OTHERWISE REQUIRES :23
(1) "A
CCESSIBLE UNIT" MEANS A HOUSING UNIT THAT SATISFIES
24
THE REQUIREMENTS OF THE FEDERAL "FAIR HOUSING ACT", 42 U.S.C. SEC.25
3601
ET SEQ., AS AMENDED AND INCORPORATES UNIVERSAL DESIGN .
26
(2) "A
CCESSORY DWELLING UNIT " MEANS AN INTERNAL ,
27
213
-9- ATTACHED, OR DETACHED RESIDENTIAL DWELLING UNIT THAT :1
(a) P
ROVIDES COMPLETE INDEPENDENT LIVING FACILITIES FOR ONE
2
OR MORE PERSONS;3
(b) I
S LOCATED ON THE SAME LOT AS A PROPOSED OR EXISTING
4
PRIMARY RESIDENCE; AND5
(c) I
NCLUDES PROVISIONS FOR LIVING , SLEEPING, EATING,
6
COOKING, AND SANITATION.7
(3) "A
FFORDABLE HOUSING" MEANS HOUSING FOR FULL -TIME
8
RESIDENTIAL OCCUPANCY WHICH MEETS THE NEEDS OF THE COMMUNITY9
AS IDENTIFIED IN THE HOUSING NEEDS ASSESSMENT OF THE LOCAL10
JURISDICTION.11
(4) "B
ROWNFIELD DEVELOPMENT " MEANS THE DEVELOPMENT OF
12
BROWNFIELD SITES, AS DEFINED IN SECTION 31-25-103 (3.1).13
(5) "B
UILDABLE LANDS ANALYSIS" MEANS AN EVALUATION OF
14
LANDS SUITABLE FOR DEVELOPMENT INCLUDING POTENTIAL GREYFIELD15
DEVELOPMENT, BROWNFIELD DEVELOPMENT , AND GREENFIELD16
DEVELOPMENT.17
(6) "B
US RAPID TRANSIT" MEANS A BUS-BASED TRANSIT SERVICE
18
THAT INCLUDES AT LEAST THREE OF THE FOLLOWING :19
(a) S
ERVICE THAT IS SCHEDULED TO RUN EVERY FIFTEEN MINUTES
20
OR LESS DURING THE HIGHEST FREQUENCY SERVICE HOURS ;21
(b) D
EDICATED LANES OR BUSWAYS ;
22
(c) T
RAFFIC SIGNAL PRIORITY;
23
(d) O
FF-BOARD FARE COLLECTION;
24
(e) E
LEVATED PLATFORMS; OR
25
(f) E
NHANCED STATIONS.
26
(7) "C
OMMUTER BUS RAPID TRANSIT" MEANS A BUS RAPID TRANSIT
27
213
-10- SERVICE THAT OPERATES ON A LIMITED -ACCESS HIGHWAY FOR THE1
MAJORITY OF ITS ROUTE.2
(8) "C
OTTAGE CLUSTER" MEANS A GROUPING OF TWO OR MORE
3
DETACHED HOUSING UNITS, EACH HOUSING UNIT HAVING A FOOTPRINT OF4
NO MORE THAN NINE HUNDRED SQUARE FEET , AND THE GROUPING HAVING5
A COMMON COURTYARD .6
(9) "D
ISCRETIONARY APPROVAL PROCESS" MEANS A DEVELOPMENT
7
APPROVAL PROCESS CONDUCTED PURSUANT TO LOCAL LAW THAT8
REQUIRES A PUBLIC BODY OR OFFICIAL TO MAKE ONE OR MORE SUBJECTIVE9
DETERMINATIONS, INCLUDING:10
(a) E
VALUATIONS OF CONSISTENCY OF AN APPLICATION WITH
11
LOCAL PLANS;12
(b) C
OMPATIBILITY OR HARMONY OF AN APPLICATION WITH
13
SURROUNDING LAND USES OR DEVELOPMENT ;14
(c) I
NDIVIDUALIZED EVALUATIONS RELATING TO MITIGATION OF
15
IMPACTS; OR16
(d) E
VALUATION OF AN APPLICATION'S CONSISTENCY WITH PUBLIC
17
WELFARE.18
(10) "D
ISPLACEMENT" MEANS THE INVOLUNTARY RELOCATION OF
19
RESIDENTS DUE TO:20
(a) N
EW DEVELOPMENT AND AN INFLUX OF WEALTHIER RESIDENTS
21
RESULTING IN THE GENTRIFICATION OF A NEIGHBORHOOD ;22
(b) H
OMES BEING VACATED BY LOW -INCOME RESIDENTS AND
23
OTHER LOW-INCOME RESIDENTS BEING UNABLE TO AFFORD TO MOVE IN OR24
FORCED TO VACATE BECAUSE RENTS AND SALES PRICES HAVE INCREASED25
ABOVE WHAT LOW-INCOME RESIDENTS CAN AFFORD ;26
(c) D
ISCRIMINATORY POLICIES, SUCH AS BANNING TENANTS WITH
27
213
-11- HOUSING VOUCHERS , ELIMINATING UNITS LARGE ENOUGH FOR1
HOUSEHOLDS WITH CHILDREN , OR CHANGING LAND USE OR ZONING THAT2
FOSTER A CHANGE IN THE CHARACTER OF THE RESIDENTIAL3
DEVELOPMENT;4
(d) G
ENTRIFICATION-INDUCED DISPLACEMENT , TAKING INTO
5
ACCOUNT RESIDENTS WHO HAVE ALREADY BEEN DISPLACED AND CURRENT6
AND FUTURE RESIDENTS WHO ARE OR MAY BE DISPLACED INCLUDING7
RENTERS, LOW-INCOME HOUSEHOLDS, PERSONS OF COLOR, HOUSEHOLDS8
HEADED BY A RESIDENT WITHOUT A COLLEGE DEGREE , AND FAMILIES IN9
POVERTY WITH CHILDREN;10
(e) W
IDESPREAD DISPLACEMENT OF SOCIAL AND CULTURAL
11
CONNECTIONS AND COMMUNITY -SERVING ENTITIES;12
(f) D
ETERIORATION OF OR PHYSICAL CONDITIONS THAT RENDER
13
RESIDENCES UNINHABITABLE , WHICH MAY BE CAUSED BY LACK OF14
RENOVATION OR REHABILITATION , OR DEMOLITION OR REDEVELOPMENT ,15
OF AGING AFFORDABLE HOUSING OR COMMERCIAL SPACES ; OR16
(g) I
NCREASED REAL ESTATE PRICES , RENTS, PROPERTY TAXES,
17
NEW DEVELOPMENT INCLUDING AMENITIES , AND OTHER ECONOMIC18
FACTORS THAT LEAD TO GENTRIFICATION .19
(11) "D
WELLING UNIT" MEANS A SINGLE UNIT PROVIDING
20
COMPLETE INDEPENDENT LIVING FACILITIES FOR ONE OR MORE PERSONS ,21
INCLUDING PERMANENT PROVISIONS FOR COOKING , EATING, LIVING,22
SANITATION, AND SLEEPING.23
(12) "F
IXED-RAIL TRANSIT" MEANS PASSENGER RAIL TRANSIT THAT
24
USES AND OCCUPIES A SEPARATE RIGHT-OF-WAY OR RAIL LINE, INCLUDING25
COMMUTER RAIL AND LIGHT RAIL .26
(13)
"GREENFIELD DEVELOPMENT" MEANS NEW DEVELOPMENT ON
27
213
-12- LAND THAT HAS NOT BEEN PREVIOUSLY DEVELOPED AND THAT IS EITHER1
WITHIN A MUNICIPALITY OR OUTSIDE OF A MUNICIPALITY , BUT IS WITHIN2
A POTENTIAL ANNEXATION AREA .3
(14) "G
REYFIELD DEVELOPMENT" MEANS INFILL, REDEVELOPMENT,
4
OR NEW DEVELOPMENT WITHIN AN EXISTING MUNICIPALITY OR CENSUS5
URBANIZED AREA ON VACANT , PARTIALLY VACANT, OR UNDERUTILIZED6
LAND THAT TAKES INTO CONSIDERATION DEVELOPMENT READINESS AND7
MARKET FACTORS.8
(15) "K
EY CORRIDORS" MEANS ROADWAYS AND TRANSIT STOPS
9
SERVED BY URBAN BUS RAPID TRANSIT SERVICES , COMMUTER BUS RAPID10
TRANSIT SERVICES, AND FREQUENT BUS SERVICES. FOR PURPOSES OF THIS11
SUBSECTION (15), "FREQUENT BUS SERVICE" MEANS A BUS ROUTE THAT IS12
SCHEDULED TO RUN AT LEAST EVERY FIFTEEN MINUTES DURING THE13
HIGHEST FREQUENCY SERVICE HOURS AND IS AT LEAST ONE MILE LONG .14
(16) "L
OCAL GOVERNMENT" MEANS A HOME RULE OR STATUTORY
15
CITY, TOWN, TERRITORIAL CITY OR TOWN, CITY AND COUNTY, OR COUNTY16
AND HOME RULE COUNTY .17
(17) "L
OCAL INCLUSIONARY ZONING ORDINANCE " MEANS A LOCAL
18
LAW ENACTED PURSUANT TO SECTION 29-20-104 (1)(e.5) TO EITHER19
REQUIRE OR INCENTIVIZE THE CONSTRUCTION OF AFFORDABLE OR20
REGULATED AFFORDABLE HOUSING UNITS WITHIN MIXED -INCOME21
DEVELOPMENTS.22
(18) "L
OCAL LAW" MEANS ANY CODE, LAW, ORDINANCE, POLICY,
23
REGULATION, OR RULE ENACTED BY A LOCAL GOVERNMENT THAT24
GOVERNS THE DEVELOPMENT AND USE OF LAND , INCLUDING, BUT NOT25
LIMITED TO, LAND USE CODES, ZONING CODES, AND SUBDIVISION CODES.26
(19) "M
ETROPOLITAN PLANNING ORGANIZATION " MEANS A
27
213
-13- METROPOLITAN PLANNING ORGANIZATION UNDER THE "FEDERAL TRANSIT1
A
CT OF 1998", 49 U.S.C. SEC. 5301 ET SEQ., AS AMENDED.
2
(20) (a) "M
IDDLE HOUSING" MEANS A TYPE OF HOUSING THAT
3
INCLUDES BETWEEN TWO AND FOUR SEPARATE UNITS IN :4
(I) A
BUILDING DESIGNED AS A SINGLE STRUCTURE ;
5
(II) A
TOWNHOME BUILDING; OR
6
(III) A
COTTAGE CLUSTER.
7
(b) M
UNICIPALITIES MAY DEFINE "MIDDLE HOUSING" TO INCLUDE
8
ADDITIONAL HOUSING TYPES AND EXPANDED HOUSING UNIT AMOUNTS , SO9
LONG AS THE MUNICIPALITY'S DEFINITION IS NOT MORE RESTRICTIVE THAN10
THE DEFINITION OF "MIDDLE HOUSING" IN SUBSECTION (20)(a) OF THIS11
SECTION. THIS MAY INCLUDE AGE RESTRICTED HOUSING , WHICH MEANS12
HOUSING DEVELOPMENTS FOR OLDER ADULTS THAT HAVE MINIMUM AGE13
REQUIREMENTS FOR RESIDENCY .14
(21) "M
IXED-INCOME DEVELOPMENT " MEANS HOUSING WHERE
15
SOME OF THE HOUSING UNITS WITHIN A PARTICULAR DEVELOPMENT HAVE16
RESTRICTED RENTAL OR FOR -SALE RATES THAT ARE AFFORDABLE FOR17
LOW- AND MODERATE-INCOME HOUSEHOLDS AND SOME OF THE UNITS18
HAVE HIGHER RENTAL OR FOR-SALE RATES.19
(22) "M
IXED-USE DEVELOPMENT " MEANS A DEVELOPMENT
20
PROJECT THAT INTEGRATES MULTIPLE LAND USE TYPES THAT INCLUDE21
RESIDENTIAL AND NON-RESIDENTIAL USES.22
(23) "M
ULTI-AGENCY ADVISORY COMMITTEE " MEANS THE
23
COMMITTEE ESTABLISHED IN SECTION 29-33-103.24
(24) "M
ULTI-AGENCY GROUP" MEANS A GROUP CREATED IN THE
25
DEPARTMENT OF LOCAL AFFAIRS COMPOSED OF STAFF FROM :26
(a) T
HE DIVISION OF LOCAL GOVERNMENT IN THE DEPARTMENT OF
27
213
-14- LOCAL AFFAIRS;1
(b) T
HE COLORADO ENERGY OFFICE;
2
(c) T
HE DEPARTMENT OF NATURAL RESOURCES ; AND
3
(d) T
HE DEPARTMENT OF TRANSPORTATION .
4
(25) "M
ULTIFAMILY HOUSING" MEANS A BUILDING OR GROUP OF
5
BUILDINGS ON THE SAME LOT WITH SEPARATE LIVING UNITS FOR THREE OR6
MORE HOUSEHOLDS.7
(26) "M
UNICIPALITY" MEANS A HOME RULE OR STATUTORY CITY
8
OR TOWN, TERRITORIAL CHARTER CITY OR TOWN , OR CITY AND COUNTY.9
(27) "O
BJECTIVE STANDARD" MEANS A STANDARD THAT BOTH :
10
(a) D
OES NOT REQUIRE A PUBLIC BODY OR OFFICIAL TO MAKE A
11
PERSONAL OR SUBJECTIVE JUDGMENT ; AND12
(b) I
S UNIFORMLY VERIFIABLE OR ASCERTAINABLE BY REFERENCE
13
TO AN EXTERNAL OR UNIFORM BENCHMARK OR CRITERION THAT IS14
AVAILABLE AND KNOWABLE BY THE DEVELOPMENT APPLICANT OR15
PROPONENT AND THE PUBLIC BODY OR OFFICIAL PRIOR TO THE16
DEVELOPMENT APPLICANT OR PROPONENT 'S FILING OF A DEVELOPMENT17
PROPOSAL.18
(28) "P
OPULATION" MEANS THE CURRENT POPULATION AS
19
REPORTED BY THE STATE DEMOGRAPHY OFFICE .20
(29) "R
EGULATED AFFORDABLE HOUSING " MEANS AFFORDABLE
21
HOUSING THAT:22
(a) I
S CREATED OR SUPPORTED BY PUBLIC SUBSIDIES , LOCAL
23
INCLUSIONARY ZONING ORDINANCES , OR OTHER REGULATIONS OR24
PROGRAMS;25
(b) R
ESTRICTS OR LIMITS RENTAL OR SALE PRICE; AND
26
(c) R
ESTRICTS RESIDENT INCOME LEVELS TO LOW - TO
27
213
-15- MODERATE-INCOME HOUSEHOLD LEVELS FOR A SPECIFIED PERIOD .1
(30) (a) "R
URAL RESORT JOB CENTER MUNICIPALITY " MEANS A
2
MUNICIPALITY THAT:3
(I) I
S NOT WITHIN A METROPOLITAN PLANNING ORGANIZATION ;
4
(II) H
AS A POPULATION OF ONE THOUSAND OR MORE ;
5
(III) H
AS AT LEAST ONE THOUSAND TWO HUNDRED JOBS
6
ACCORDING TO THE MOST RECENT UNITED STATES CENSUS BUREAU7
LONGITUDINAL EMPLOYER -HOUSEHOLD DYNAMICS ORIGIN -DESTINATION8
EMPLOYMENT STATISTICS;9
(IV) H
AS A MINIMUM JOBS-TO-POPULATION RATIO OF SIXTY-FOUR
10
HUNDREDTHS; AND11
(V) H
AS A TRANSIT STOP SERVICED BY A TRANSIT AGENCY THAT
12
SERVES AT LEAST TWO MUNICIPALITIES AND WITH SERVICE THAT INCLUDES13
AN AVERAGE OF AT LEAST TWENTY TRIPS PER DAY BETWEEN THE14
MUNICIPALITY AND OTHER MUNICIPALITIES , AS OF JANUARY 1, 2023.15
(b) F
OR PURPOSES OF THIS SUBSECTION (30), "TRANSIT AGENCY"
16
MEANS AN ENTITY THAT IS BOTH:17
(I) A
REGIONAL SERVICE AUTHORITY PROVIDING SURFACE
18
TRANSPORTATION PURSUANT TO PART 1 OF ARTICLE 7 OF TITLE 32, A19
REGIONAL TRANSPORTATION AUTHORITY CREATED PURSUANT TO PART 620
OF ARTICLE 4 OF TITLE 43, OR ANY OTHER POLITICAL SUBDIVISION OF THE21
STATE, PUBLIC ENTITY, OR NONPROFIT CORPORATION PROVIDING MASS22
TRANSPORTATION SERVICES TO THE GENERAL PUBLIC ; AND23
(II) E
LIGIBLE TO RECEIVE MONEY UNDER A GRANT AUTHORIZED BY
24
49
U.S.C. SEC. 5307 OR 49 U.S.C. SEC. 5311.
25
(31) "S
HORT-TERM RENTAL" MEANS THE RENTAL OF A LODGING
26
UNIT FOR LESS THAN THIRTY DAYS . AS USED IN THIS SUBSECTION (31),27
213
-16- "LODGING UNIT" MEANS ANY PROPERTY OR PORTION OF A PROPERTY THAT1
IS AVAILABLE FOR LODGING; EXCEPT THAT THE TERM EXCLUDES A HOTEL2
UNIT. LOCAL GOVERNMENTS MAY APPLY THEIR OWN DEFINITION OF3
"
SHORT-TERM RENTAL" FOR THE PURPOSES OF THIS ARTICLE 33.
4
(32) "S
INGLE-UNIT DETACHED DWELLING " MEANS A DETACHED
5
BUILDING WITH A SINGLE DWELLING UNIT AND ON A SINGLE LOT .6
(33) "S
TRATEGIC GROWTH AREA " MEANS AN AREA IDENTIFIED
7
PURSUANT TO SECTION 29-33-108 (2)(a) THAT HAS THE POTENTIAL FOR8
GROWTH AND CHARACTERISTICS THAT MAKE IT A PRIORITY AREA FOR9
GROWTH IN RELATION TO THE GOALS OF THIS SENATE BILL 23-213.10
(34) "S
TRATEGIC GROWTH AND HOUSING MIX ANALYSIS " MEANS
11
A COMPREHENSIVE ANALYSIS THAT IDENTIFIES STRATEGIC GROWTH AREAS ,12
AS DEFINED IN SECTION 29-33-108 (2)(a), THAT CAN BOTH ACCOMMODATE13
THE HOUSING NEEDS IDENTIFIED IN HOUSING NEEDS ASSESSMENTS AND BE14
UTILIZED IN THE STRATEGIC GROWTH ELEMENT OF MASTER PLANS , AS15
DEFINED IN SECTION 31-23-206.16
(35) "T
IER ONE URBAN MUNICIPALITY" MEANS EITHER:
17
(a) A
MUNICIPALITY THAT:
18
(I) I
S WITHIN A METROPOLITAN PLANNING ORGANIZATION THAT
19
HAS A POPULATION OF ONE MILLION OR MORE ;20
(II) H
AS AT LEAST TEN PERCENT OF ITS LAND WITHIN AN AREA
21
THAT IS DESIGNATED AS AN URBANIZED AREA BY THE MOST RECENT22
FEDERAL DECENNIAL CENSUS WITH A POPULATION GREATER THAN23
SEVENTY-FIVE THOUSAND; AND24
(III) H
AS A POPULATION OF AT LEAST ONE THOUSAND ; OR
25
(b) A
MUNICIPALITY THAT:
26
(I) I
S WITHIN A METROPOLITAN PLANNING ORGANIZATION THAT
27
213
-17- HAS A POPULATION OF LESS THAN ONE MILLION ; AND1
(II) H
AS A POPULATION OF AT LEAST TWENTY -FIVE THOUSAND.
2
(36) "T
IER TWO URBAN MUNICIPALITY" MEANS A MUNICIPALITY
3
THAT DOES NOT SATISFY THE DEFINITION OF A TIER ONE URBAN4
MUNICIPALITY AND:5
(a) I
S WITHIN A METROPOLITAN PLANNING ORGANIZATION ;
6
(b) H
AS A POPULATION OF BETWEEN FIVE THOUSAND AND
7
TWENTY-FIVE THOUSAND; AND8
(c) I
S IN A COUNTY WITH A POPULATION OF TWO HUNDRED FIFTY
9
THOUSAND OR MORE.10
(37) "T
OWNHOME" MEANS A SINGLE-UNIT DWELLING UNIT
11
CONSTRUCTED IN A GROUP OF ATTACHED UNITS IN WHICH EACH UNIT12
EXTENDS FROM FOUNDATION TO ROOF AND HAS OPEN SPACE ON AT LEAST13
TWO SIDES.14
(38) "T
RANSIT-ORIENTED AREA" MEANS AN AREA WHERE ALL
15
PARCELS HAVE AT LEAST TWENTY -FIVE PERCENT OF THEIR AREA WITHIN16
ONE-HALF MILE OF AN EXISTING FIXED-RAIL TRANSIT STATION. FOR THE17
PURPOSES OF THIS SUBSECTION (38), A FIXED-RAIL TRANSIT STATION IS A18
FIXED-RAIL TRANSIT SERVICE BOARDING AND EXITING LOCATION OR19
STATION FOR THE GENERAL PUBLIC.20
(39) "U
NIVERSAL DESIGN" MEANS ANY DWELLING UNIT DESIGNED
21
AND CONSTRUCTED THAT IS SAFE AND ACCESSIBLE FOR EVERYONE ,22
REGARDLESS OF AGE, PHYSICAL ABILITY, OR STATURE.23
(40) "U
RBAN BUS RAPID TRANSIT SERVICE" MEANS A BUS RAPID
24
TRANSIT SERVICE THAT OPERATES ON A SURFACE STREET FOR THE25
MAJORITY OF ITS ROUTE.26
(41) "U
RBAN MUNICIPALITY" MEANS BOTH A TIER ONE AND A TIER
27
213
-18- TWO URBAN MUNICIPALITY.1
29-33-103. Multi-agency advisory committee - rural resort2
area committee - urban area advisory committee. (1) T
HERE IS
3
HEREBY CREATED IN THE DEPARTMENT OF LOCAL AFFAIRS THE4
MULTI-AGENCY ADVISORY COMMITTEE , REFERRED TO IN THIS SECTION AS5
THE COMMITTEE.6
(2) T
HE COMMITTEE IS A TYPE 2 ENTITY, AS DEFINED IN SECTION
7
24-1-105,
AND EXERCISES ITS POWERS AND PERFORMS ITS DUTIES AND
8
FUNCTIONS UNDER THE DEPARTMENT OF LOCAL AFFAIRS .9
(3) (a) T
HE COMMITTEE CONSISTS OF FOURTEEN VOTING MEMBERS
10
AS FOLLOWS:11
(I) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL
12
AFFAIRS, OR THE EXECUTIVE DIRECTOR'S DESIGNEE;13
(II) T
HE EXECUTIVE DIRECTOR OF THE COLORADO ENERGY OFFICE,
14
OF THE EXECUTIVE DIRECTOR'S DESIGNEE;15
(III) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF
16
TRANSPORTATION, OR THE EXECUTIVE DIRECTOR'S DESIGNEE;17
(IV) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF NATURAL
18
RESOURCES, OR THE EXECUTIVE DIRECTOR'S DESIGNEE;19
(V) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF
20
AGRICULTURE, OR THE EXECUTIVE DIRECTOR'S DESIGNEE;21
(VI) O
NE MEMBER WHO IS A STAFF-LEVEL REPRESENTATIVE FROM
22
A METROPOLITAN PLANNING ORGANIZATION WHO IS APPOINTED BY THE23
SPEAKER OF THE HOUSE OF REPRESENTATIVES ;24
(VII)
ONE MEMBER WHO IS A STAFF-LEVEL REPRESENTATIVE FROM
25
A METROPOLITAN PLANNING ORGANIZATION WHO IS APPOINTED BY THE26
MINORITY LEADER OF THE SENATE;27
213
-19- (VIII) ONE MEMBER WHO HAS A BACKGROUND IN LAND USE1
PLANNING, IS A STAFF-LEVEL REPRESENTATIVE FROM A TIER ONE URBAN2
MUNICIPALITY, AND IS APPOINTED BY THE PRESIDENT OF THE SENATE ;3
(IX) O
NE MEMBER WHO HAS A BACKGROUND IN LAND USE
4
PLANNING, IS A STAFF-LEVEL REPRESENTATIVE FROM A TIER ONE URBAN5
MUNICIPALITY, AND IS APPOINTED BY THE GOVERNOR ;6
(X) O
NE MEMBER WHO HAS A BACKGROUND IN LAND USE
7
PLANNING, IS A STAFF-LEVEL REPRESENTATIVE FROM A RURAL RESORT JOB8
CENTER MUNICIPALITY, AND IS APPOINTED BY THE GOVERNOR ;9
(XI) O
NE MEMBER WHO HAS A BACKGROUND IN LAND USE
10
PLANNING, IS A STAFF-LEVEL REPRESENTATIVE FROM A RURAL RESORT JOB11
CENTER MUNICIPALITY, AND IS APPOINTED BY THE SPEAKER OF THE HOUSE12
OF REPRESENTATIVES;13
(XII) O
NE MEMBER WHO IS A STAFF-LEVEL REPRESENTATIVE FROM
14
A COUNTY WHO IS APPOINTED BY THE PRESIDENT OF THE SENATE ;15
(XIII) O
NE MEMBER WHO IS A COMMUNITY REPRESENTATIVE WITH
16
HOUSING EXPERTISE WHO IS APPOINTED BY THE PRESIDENT OF THE SENATE ;17
AND18
(XIV) O
NE MEMBER WHO REPRESENTS SPECIAL DISTRICTS AND IS
19
APPOINTED BY THE MINORITY LEADER OF THE HOUSE OF20
REPRESENTATIVES.21
(b) I
NITIAL APPOINTMENTS TO THE COMMITTEE MUST BE MADE NO
22
LATER THAN SEPTEMBER 1, 2023.23
(c) W
HEN MAKING APPOINTMENTS TO THE MULTI -AGENCY
24
ADVISORY COMMITTEE, REASONABLE EFFORTS MUST BE MADE TO APPOINT25
MEMBERS WHO REFLECT THE GEOGRAPHIC AND DEMOGRAPHIC DIVERSITY26
OF THE ENTIRE STATE.27
213
-20- (4) EACH MEMBER OF THE COMMITTEE WHO IS APPOINTED1
PURSUANT TO SUBSECTION (3) OF THIS SECTION SERVES AT THE PLEASURE2
OF THE OFFICIAL WHO APPOINTED THE MEMBER . THE TERM OF3
APPOINTMENT IS FOUR YEARS; EXCEPT THAT THE TERM OF EACH MEMBER4
INITIALLY APPOINTED PURSUANT TO SUBSECTIONS (3)(a)(I), (3)(a)(II),5
(3)(a)(III), (3)(a)(IV),
AND (3)(a)(V) OF THIS SECTION IS TWO YEARS AND
6
THE TERM OF EACH MEMBER INITIALLY APPOINTED PURSUANT TO7
SUBSECTIONS (3)(a)(VI), (3)(a)(VII), (3)(a)(VIII), (3)(a)(IX), (3)(a)(X),8
(3)(a)(XI), (3)(a)(XII), (3)(a)(XIII),
AND (3)(a)(XIV) OF THIS SECTION IS
9
ONE YEAR. NO APPOINTED MEMBER OF THE COMMITTEE SHALL SERVE10
MORE THAN TWO CONSECUTIVE TERMS .11
(5) (a) T
HE GOVERNOR SHALL CALL THE FIRST MEETING OF THE
12
COMMITTEE NO LATER THAN OCTOBER 1, 2023.13
(b) T
HE COMMITTEE SHALL ELECT A CHAIR FROM AMONG ITS
14
MEMBERS TO SERVE FOR A TERM NOT TO EXCEED TWO YEARS , AS15
DETERMINED BY THE COMMITTEE . A MEMBER IS NOT ELIGIBLE TO SERVE16
AS CHAIR FOR MORE THAN TWO SUCCESSIVE TERMS .17
(c) T
HE COMMITTEE SHALL MEET AT LEAST THREE TIMES EVERY
18
YEAR. THE CHAIR MAY CALL SUCH ADDITIONAL MEETINGS AS ARE19
NECESSARY FOR THE COMMITTEE TO COMPLETE ITS DUTIES .20
(6) T
HE COMMITTEE SHALL COMPLETE ITS DUTIES AS REQUIRED BY
21
THIS ARTICLE 33.22
(7) U
PON REQUEST BY THE COMMITTEE , THE DEPARTMENT OF
23
LOCAL AFFAIRS SHALL PROVIDE OFFICE SPACE , EQUIPMENT, AND STAFF24
SERVICES AS MAY BE NECESSARY TO IMPLEMENT THIS SECTION .25
(8) (a) T
HERE IS CREATED AS PART OF THE MULTI -AGENCY
26
ADVISORY COMMITTEE THE RURAL RESORT AREA SUBCOMMITTEE .27
213
-21- (b) THE RURAL RESORT AREA SUBCOMMITTEE CONSISTS OF AT1
LEAST ONE OF THE MEMBERS OF THE MULTI -AGENCY COMMITTEE2
APPOINTED PURSUANT TO SUBSECTION (3)(a)(X) OR (3)(a)(XI) OF THIS3
SECTION, WHO SHALL SERVE AS THE CHAIR OF THE SUBCOMMITTEE , AND4
OTHER MEMBERS AS DETERMINED BY THE MULTI -AGENCY'S COMMITTEE5
BYLAWS TO ENSURE COMMUNITY ENGAGEMENT ACROSS RURAL RESORT6
JOB CENTER MUNICIPALITIES.7
(c) I
N ACCORDANCE WITH SECTION 29-33-109, THE RURAL RESORT
8
AREA SUBCOMMITTEE SHALL DEVELOP RECOMMENDATIONS TO PRESENT9
TO THE MULTI-AGENCY COMMITTEE CONCERNING MATTERS RELATED TO10
RURAL RESORT JOB CENTER MUNICIPALITIES . PRIOR TO FINALIZING ANY11
RECOMMENDATIONS , THE RURAL RESORT AREA SUBCOMMITTEE SHALL12
PROVIDE A DRAFT OF THE RECOMMENDATIONS TO ALL RURAL RESORT13
AREA JOB CENTER MUNICIPALITIES AND SHALL HOLD A PUBLIC HEARING ON14
SUCH RECOMMENDATIONS NO SOONER THAN SIXTY DAYS AFTER15
PROVIDING THESE RECOMMENDATIONS .16
(9) (a) T
HERE IS CREATED AS PART OF THE MULTI -AGENCY
17
ADVISORY COMMITTEE THE URBAN AREA SUBCOMMITTEE .18
(b) T
HE URBAN AREA SUBCOMMITTEE CONSISTS OF AT LEAST ONE
19
OF THE MEMBERS OF THE MULTI -AGENCY COMMITTEE APPOINTED20
PURSUANT TO SUBSECTIONS (3)(a)(VI), (3)(a)(VII), (3)(a)(VIII), AND21
(3)(a)(IX)
OF THIS SECTION, WHO SHALL SERVE AS THE CHAIR OF THE
22
SUBCOMMITTEE, AND OTHER MEMBERS AS DETERMINED BY THE23
MULTI-AGENCY'S COMMITTEE BYLAWS TO ENSURE COMMUNITY24
ENGAGEMENT ACROSS TIER ONE AND TWO URBAN MUNICIPALITIES .25
(c) I
N ACCORDANCE WITH SECTION 29-33-109, THE URBAN AREA
26
SUBCOMMITTEE SHALL DEVELOP RECOMME NDATIONS TO PRESENT TO THE27
213
-22- MULTI-AGENCY COMMITTEE CONCERNING MATTERS RELATED TO URBAN1
MUNICIPALITIES. PRIOR TO FINALIZING ANY RECOMMENDATIONS , THE2
URBAN AREA SUBCOMMITTEE SHALL PROVIDE A DRAFT OF THE3
RECOMMENDATION TO ALL URBAN MUNICIPALITIES AND SHALL HOLD A4
PUBLIC HEARING ON SUCH RECOMMENDATIONS NO SOONER T HAN SIXTY5
DAYS AFTER PROVIDING THESE RECOMMENDATIONS .6
29-33-104. Housing needs assessments - methodology.7
(1) (a) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS
8
SHALL ISSUE A METHODOLOGY FOR DEVELOPING STATEWIDE , REGIONAL,9
AND LOCAL HOUSING NEEDS ASSESSMENTS .10
(b) T
HE MULTI-AGENCY ADVISORY COMMI TTEE , IN CONSULTATION
11
WITH THE STATE DEMOGRAPHY OFFICE , SHALL, AS PART OF THE PUBLIC12
COMMENT AND HEARING PROCESS ESTABLISHED IN SECTION 29-33-109 (2),13
DEVELOP RECOMMENDATIONS TO PROVIDE TO THE EXECUTIVE DIRECTOR14
OF THE DEPARTMENT OF LOCAL AFFAIRS CONCERNING THE METHODOLOGY15
FOR DEVELOPING STATEWIDE , REGIONAL, AND LOCAL HOUSING NEEDS16
ASSESSMENTS.17
(2) T
HE METHODOLOGY FOR DEVELOPING HOUSING NEEDS
18
ASSESSMENTS MAY INCLUDE :19
(a) F
OR THE STATEWIDE HOUSING NEEDS ASSESSMENT , METHODS
20
TO:21
(I) E
STIMATE EXISTING HOUSING STOCK;
22
(II) C
ONDUCT A HOUSING SHORTAGE ANALYSIS ;
23
(III) D
ETERMINE THE NEED FOR ACCESSORY DWELLING UNITS ;
24
(IV) E
STIMATE THE HOUSING NECESSARY TO ACCOMMODATE THE
25
DEMOGRAPHIC AND POPULATION TRENDS FORECAST BY THE STATE26
DEMOGRAPHY OFFICE, CATEGORIZED BY HOUSEHOLD SIZE ; HOUSEHOLD27
213
-23- TYPE, INCLUDING FOR SUPPORTIVE, FOR-SALE, AND RENTAL HOUSING ; AND1
INCOME LEVEL, INCLUDING EXTREMELY LOW-INCOME, VERY LOW-INCOME,2
LOW-INCOME, MODERATE-INCOME, AND MIDDLE-INCOME HOUSEHOLDS AS3
DEFINED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN4
DEVELOPMENT;5
(V) E
NSURE LOCAL GOVERNMENT INPUT AND COORDINATION ; AND
6
(VI) A
SSESS AND PROVIDE DATA REGARDING ANY HOME
7
OWNERSHIP OR RENTAL HOUSING INEQUITIES IMPACTING POPULATIONS8
THAT MAY HAVE BEEN HISTORICALLY EXCLUDED FROM HOME OWNERSHIP9
OR RENTAL HOUSING OPPORTUNITIES . THIS DATA MAY INCLUDE, BUT IS10
NOT LIMITED TO, HOUSING STATUS BY VETERAN STATUS , GENDER, AGE,11
FAMILY STATUS, INCOME, RACE AND ETHNICITY, AND SPEAKING ENGLISH12
LESS THAN VERY WELL.13
(b) F
OR REGIONAL HOUSING NEEDS ASSESSMENTS , METHODS TO:
14
(I) A
SSESS REGIONAL HOUSING NEEDS FOR EACH REGION , BASED
15
ON:16
(A) E
XISTING AND PROJECTED HOUSING SHORTAGES AND
17
SURPLUSES FOR DIFFERENT HOUSEHOLD TYPES AND INCOME LEVELS ,18
INCLUDING EXTREMELY LOW -INCOME, VERY LOW-INCOME, LOW-INCOME,19
MODERATE-INCOME, AND MIDDLE-INCOME HOUSEHOLDS AS DEFINED BY20
THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN21
DEVELOPMENT;22
(B) E
XISTING HOUSING DIVERSITY AND STOCK ;
23
(C) C
URRENT JOBS BY INCOME LEVEL;
24
(D) F
UTURE POPULATION AND JOB GROWTH PROJECTIONS ; AND
25
(E) D
EMOGRAPHIC AND POPULATION TRENDS FORECAST BY THE
26
STATE DEMOGRAPHY OFFICE ;27
213
-24- (II) DETERMINE THE NEED FOR ACCESSORY DWELLING UNITS ; AND1
(III) D
ESIGNATE REGIONS BASED ON THE BOUNDARIES OF
2
METROPOLITAN PLANNING ORGANIZATIONS , RURAL REGIONS, AND RURAL3
RESORT REGIONS. THE DESIGNATION OF RURAL REGIONS AND RURAL4
RESORT REGIONS MUST BE BASED ON REGIONAL COMMUTING PATTERNS5
AMONG OTHER FACTORS .6
(c) F
OR LOCAL HOUSING NEEDS ASSESSMENTS , METHODS TO
7
ASSESS LOCAL HOUSING NEEDS FOR EACH LOCAL GOVERNMENT , ALIGNED8
WITH REGIONAL AND STATE HOUSING NEEDS ASSESSMENTS , BASED ON:9
(I) T
HE CURRENT PROPORTION OF THE LOCALITY 'S POPULATION IN
10
DIFFERENT HOUSEHOLD INCOME LEVELS , INCLUDING EXTREMELY11
LOW-INCOME, VERY LOW-INCOME, LOW-INCOME, MODERATE-INCOME, AND12
MIDDLE-INCOME HOUSEHOLDS AS DEFINED BY THE UNITED STATES13
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ;14
(II) T
HE LOCALITY'S CURRENT MEDIAN INCOME;
15
(III) T
HE LOCALITY'S JOB-HOUSING BALANCE, INCLUDING THE
16
AVAILABILITY OF HOUSING AFFORDABLE TO LOW -INCOME WORKERS IN THE17
LOCALITY;18
(IV) T
HE LOCALITY'S POPULATION AND DEMOGRAPHICS ;
19
(V) M
EASURES OF LOCAL RESOURCES IN THE LOCALITY ;
20
(VI) V
ACANCY RATES IN THE LOCALITY;
21
(VII) M
EASURES OF HOMELESSNESS AND HOUSING INSTABILITY IN
22
THE LOCALITY; AND23
(VIII) D
EMOGRAPHIC AND POPULATION TRENDS FORECAST BY THE
24
STATE DEMOGRAPHY OFFICE .25
(3) (a) N
O LATER THAN DECEMBER 31, 2024, AND EVERY SIX
26
YEARS THEREAFTER, IN ACCORDANCE WITH THE METHODOLOGIES FOR27
213
-25- DEVELOPING HOUSING NEEDS ASSESSMENTS , THE EXECUTIVE DIRECTOR OF1
THE DEPARTMENT OF LOCAL AFFAIRS , WITH INPUT FROM THE2
MULTI-AGENCY ADVISORY COMMITTEE , SHALL PRODUCE STATEWIDE ,3
REGIONAL, AND LOCAL HOUSING NEEDS ASSESSMENTS WITH TWENTY -YEAR4
PLANNING FORECASTS.5
(b) E
ACH OF THE ASSESSMENTS MUST INCLUDE FOR THE RELEVANT
6
AREA, BASED ON STATE DEMOGRAPHIC DATA DURING THE TWENTY -YEAR7
PLANNING PERIOD, ESTIMATES OF:8
(I) H
OUSING NEEDS IN THE AREA SORTED BY INCOME LEVELS ,
9
INCLUDING EXTREMELY LOW -INCOME, VERY LOW-INCOME, LOW-INCOME,10
MODERATE-INCOME, AND MIDDLE-INCOME HOUSEHOLDS AS DEFINED BY11
THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN12
DEVELOPMENT; AND UNIT TYPES , INCLUDING ACCESSIBLE UNITS ,13
SUPPORTIVE HOUSING, FOR-SALE HOUSING AND RENTAL HOUSING ;14
(II) T
HE NUMBER OF HOUSEHOLDS IN THE AREA ;
15
(III) T
HE NUMBER OF JOBS IN THE AREA BY ANNUAL SALARY AND
16
WAGE;17
(IV) T
HE AREA'S POPULATION AND DEMOGRAPHICS ; AND
18
(V) T
HE AREA'S EXISTING HOUSING STOCK;
19
(c) M
UNICIPALITIES THAT ARE REQUIRED TO COMPLETE HOUSING
20
NEEDS PLANS MAY USE THE LOCAL AND REGIONAL HOUSING NEEDS21
ASSESSMENTS TO INFORM THEIR HOUSING NEEDS PLANS .22
29-33-105. Housing needs plans - guidance - definition.23
(1) (a) N
O LATER THAN DECEMBER 31, 2024, THE EXECUTIVE DIRECTOR
24
OF THE DEPARTMENT OF LOCAL AFFAIRS SHALL ISSUE GUIDANCE FOR25
CREATING A HOUSING NEEDS PLAN .26
(b) T
HE MULTI-AGENCY ADVISORY COMMITTEE SHALL , AS PART OF
27
213
-26- THE PUBLIC COMMENT AND HEARING PROCESS ESTABLISHED IN SECTION1
29-33-109 (2),
DEVELOP RECOMMENDATIONS TO PROVIDE TO THE
2
EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS3
CONCERNING GUIDANCE FOR CREATING A HOUSING NEEDS PLAN .4
(2) T
HE GUIDANCE FOR CREATING A HOUSING NEEDS PLAN MUST
5
INCLUDE GUIDANCE SPECIFICALLY FOR URBAN MUNICIPALITIES .6
(3) (a) N
O LATER THAN DECEMBER 31, 2026, AND EVERY SIX
7
YEARS THEREAFTER, IN ACCORDANCE WITH THE GUIDANCE FOR CREATING8
A HOUSING NEEDS PLAN, EVERY URBAN MUNICIPALITY SHALL DEVELOP ,9
ADOPT, AND SUBMIT TO THE DEPARTMENT OF LOCAL AFFAIRS A HOUSING10
NEEDS PLAN. THE DEPARTMENT OF LOCAL AFFAIRS SHALL POST THE11
SUBMITTED PLANS PUBLICLY ON ITS WEBSITE .12
(b) B
EFORE ADOPTING AND SUBMITTING A HOUSING NEEDS PLAN ,
13
AN URBAN MUNICIPALITY SHALL PUBLISH THE MOST RECENT DRAFT OF ITS14
HOUSING NEEDS PLAN AND PROVIDE NOTICE OF A PUBLIC COMMENT PERIOD15
FOR THE RECEIPT OF WRITTEN COMMENTS CONCERNING THE PLAN . THE16
URBAN MUNICIPALITY MAY ALSO CHOOSE TO HOLD A PUBLIC HEARING ON17
THE PLAN.18
(c) O
N OR BEFORE JUNE 30, 2024, AND ON OR BEFORE JUNE 30
19
EVERY SIX YEARS THEREAFTER , AN URBAN MUNICIPALITY WITH A20
POPULATION OF LESS THAN TWENTY -FIVE THOUSAND AND AN ANNUAL21
MEDIAN HOUSEHOLD INCOME OF LESS THAN FIFTY -FIVE THOUSAND22
DOLLARS NEED NOT SUBMIT A HOUSING NEEDS PLAN TO THE DEPARTMENT23
OF LOCAL AFFAIRS, IF THE MUNICIPALITY INSTEAD SENDS A LETTER TO THE24
DEPARTMENT IN A FORM AND MANNE R DETERMINED BY THE DEPARTMENT25
INDICATING THAT THE MUNICIPALITY DOES NOT INTEND TO SUBMIT A26
HOUSING NEEDS PLAN.27
213
-27- (4) A HOUSING NEEDS PLAN MUST INCLUDE :1
(a) A
NARRATIVE DESCRIPTION OF THE STAKEHOLDER
2
ENGAGEMENT CONDUCTED DURING THE DEVELOPMENT OF THE HOUSING3
NEEDS PLAN;4
(b) A
N ANALYSIS OF HOW THE URBAN MUNICIPALITY WILL PROVIDE
5
A REALISTIC OPPORTUNITY FOR DEVELOPMENT THAT WILL ADDRESS ITS6
LOCAL HOUSING NEEDS ASSESSMENT , INCLUDING THE DEMONSTRATED7
HOUSING NEEDS FOR PERSONS OF DIFFERENT AGES , FAMILY STATUS AND8
SIZE, AND INCOME LEVELS, OVER THE NEXT TWENTY YEARS WITH AN9
EQUITABLE DISTRIBUTION OF HOUSING WITHIN THE JURISDICTION ;10
(c) A
HOUSING NEEDS IMPLEMENTATION PLAN , WHICH MUST
11
DESCRIBE THE STRATEGIES THAT THE URBAN MUNICIPALITY WILL PURSUE12
TO MEET ITS DEMONSTRATED HOUSING NEEDS , INCLUDING THE13
IDENTIFICATION OF HOUSING RESOURCES , CHANGES TO LOCAL LAWS, AND14
OTHER STRATEGIES SUCH AS THOSE IN THE MENU OF AFFORDABILITY15
STRATEGIES CREATED IN SECTION 29-33-106;16
(d) A
N ANALYSIS OF ADDITIONAL FUNDING NEEDED TO IMPLEMENT
17
THE HOUSING PLAN;18
(e) (I) A
DESCRIPTION OF AT LEAST TWO STRATEGIES THAT THE
19
URBAN MUNICIPALITY ADOPTS FROM THE MENU OF AFFORDABLE20
DEVELOPMENT AND AT LEAST ONE STRATEGY FROM THE MENU OF21
LONG-TERM AFFORDABILITY STRATEGIES DESCRIBED IN SECTION22
29-33-106.
THESE STRATEGIES MUST BOTH ADDRESS HOUSING NEEDS AND
23
MAKE PROGRESS TOWARD MEETING DEMONSTRATED HOUSING NEEDS FOR24
LOW- AND MODERATE-INCOME HOUSEHOLDS AS DEFINED BY THE UNITED25
S
TATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND
26
HOUSING TYPES IDENTIFIED IN THE LOCAL HOUSING NEEDS ASSESSMENT ;27
213
-28- AND1
(II) A
N IMPLEMENTATION PLAN AND THE ANTICIPATED OUTCOMES
2
FOR EACH OF THE STRATEGIES ADOPTED PURSUANT TO THIS SUBSECTION3
(4)(e);4
(f)
A NARRATIVE ANALYSIS OF ANY AREA AT ELEVATED RISK OF
5
RESIDENTIAL DISPLACEMENT THAT THE URBAN MUNICIPALITY HAS6
IDENTIFIED AND A DESCRIPTION OF AND IMPLEMENTATION PLAN FOR ANY7
STRATEGIES FROM THE MENU OF DISPLACEMENT MITIGATION MEASURES8
DESCRIBED IN SECTION 29-33-107, THAT THE URBAN MUNICIPALITY WILL9
USE TO MITIGATE IDENTIFIED DISPLACEMENT RISKS IN THESE AREAS ; AND10
(g)
IN THE CASE OF AN URBAN MUNICIPALITY WITH A
11
TRANSIT-ORIENTED AREA, AT LEAST THREE STRATEGIES FROM THE LIST OF12
AFFORDABLE DEVELOPMENT STRATEGIES IN SECTION 29-33-106 (1) AND13
AT LEAST ONE STRATEGY FROM THE LIST OF LONG -TERM AFFORDABILITY14
STRATEGIES IN SECTION 29-33-106 (2).15
(5) W
HEN UPDATING ITS MASTER PLAN, AN URBAN MUNICIPALITY
16
SHALL INCLUDE ITS MOST RECENT HOUSING NEEDS PLAN IN ITS MASTER17
PLAN.18
(6) A
N URBAN MUNICIPALITY THAT ADOPTED A PLAN TO ADDRESS
19
LOCAL HOUSING NEEDS PRIOR TO THE EFFECTIVE DATE OF THIS SECTION20
MAY, RATHER THAN DEVELOPING AND ADOPTING A NEW HOUSING NEEDS21
PLAN PURSUANT TO SUBSECTION (3) OF THIS SECTION, UPDATE ITS22
EXISTING PLAN TO ADDRESS ADDITIONAL NEEDS IDENTIFIED IN THE LOCAL23
HOUSING NEEDS ASSESSMENT BEYOND WHAT THE MUNICIPALITY 'S24
EXISTING PLAN TO ADDRESS LOCAL HOUSING NEEDS INCLUDES , AND ANY25
REQUIREMENTS IN SECTION 29-33-105 (4) NOT ALREADY INCLUDED IN THE26
MUNICIPALITY'S EXISTING PLAN TO ADDRESS LOCAL HOUSING NEEDS .27
213
-29- (7) (a) A COUNTY, COUNCIL OF GOVERNMENT , OR MUNICIPALITY1
WITHIN A REGION DEFINED IN THE REGIONAL HOUSING NEEDS ASSESSMENT2
SHALL PARTICIPATE IN A REGIONAL HOUSING NEEDS PLANNING PROCESS .3
(b) T
HE COUNTIES, COUNCILS OF GOVERNMENT , OR
4
MUNICIPALITIES THAT PARTICIPATE IN A PLANNING PROCESS :5
(I) M
AY UTILIZE DATA AND INFORMATION FROM A RELEVANT
6
REGIONAL HOUSING NEEDS ASSESSMENT THAT IS NO MORE THAN FIVE7
YEARS OLD TO INFORM THEIR PARTICIPATION IN THE PLANNING PROCESS ;8
(II) A
RE ENCOURAGED TO INCORPORATE STRATEGIC GROWTH
9
OBJECTIVES AS DEFINED IN SECTION 29-33-108 IN THE PLANNING PROCESS;10
AND11
(III) A
RE ENCOURAGED TO IDENTIFY STRATEGIES THAT ADDRESS
12
THE HOUSING NEEDS IDENTIFIED IN LOCAL HOUSING NEEDS ASSESSMENTS13
THROUGH THE ADOPTION OF INTERJURISDICTIONAL STRATEGIES AND14
AFFORDABILITY STRATEGIES IDENTIFIED IN SECTION 29-33-106.15
(c) I
F NO EXISTING REGIONAL PLAN EXISTS, A GROUP OF COUNTIES,
16
COUNCILS OF GOVERNMENT , OR MUNICIPALITIES MAY REQUEST THAT THE17
URBAN AREA SUBCOMMITTEE CREATED IN SECTION 29-33-103 (9)18
FACILITATE THE CREATION OF A REGIONAL PLANNING PROCESS .19
(d) A
REGIONAL HOUSING NEEDS PLANNING PROCESS MAY BE LED
20
BY A REGIONAL ENTITY AND MUST ENCOURAGE PARTICIPATING COUNTIES ,21
COUNCILS OF GOVERNMENT , AND MUNICIPALITIES TO IDENTIFY22
STRATEGIES THAT IMPROVE COORDINATION BETWEEN ENTITIES TO MEET23
THE HOUSING NEEDS IDENTIFIED FOR THOSE LOCAL GOVERNMENTS IN THE24
REGIONAL AND LOCAL HOUSING NEEDS ASSESSMENTS .25
(e) B
Y DECEMBER 31, 2024, THE URBAN AREA SUBCOMMITTEE
26
CREATED IN SECTION 29-33-103 (9) SHALL ISSUE A REPORT TO THE27
213
-30- EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS ON THE1
STATUS, OPPORTUNITIES, AND CHALLENGES OF REGIONAL PLANNING IN THE2
URBAN REGIONS, INCLUDING THE CONNECTION BETWEEN HOUSING ,3
TRANSPORTATION, AND REGIONAL EQUITY IN REGARD TO COMMUNITIES4
THAT HOUSE THE WORKFORCE AND THOSE THAT ARE URBAN5
MUNICIPALITIES. THE URBAN AREA SUBCOMMITTEE CREATED IN SECTION6
29-33-103
(9) SHALL ALSO EVALUATE AND MAKE RECOMMENDATIONS ON
7
THE USE OF DATA TO CREATE AFFORDABILITY STRATEGIES IN REGIONAL8
AND LOCAL HOUSING ASSESSMENTS AND REGIONAL AND LOCAL HOUSING9
PLANS THAT FOLLOW STRATEGIC GROWTH OBJECTIVES AS DEFINED IN10
SECTION 29-33-108.11
(8) (a) T
HE MULTI-AGENCY COMMITTEE CREATED IN SECTION
12
29-33-103
SHALL PROVIDE GUIDANCE FOR THE COMPLETION OF A
13
STRATEGIC GROWTH AND HOUSING MIX ANALYSIS .14
(b) I
N COMPLETING A STRATEGIC GROWTH AND HOUSING MIX
15
ANALYSIS, A METROPOLITAN PLANNING OR GANIZATION OR A16
MUNICIPALITY MUST:17
(I) C
OMPREHENSIVELY IDENTIFY AREAS THAT CAN BE DEVELOPED
18
OR REDEVELOPED AND THAT QUALIFY AS STRATEGIC GROWTH AREAS ;19
(II) P
RIORITIZE STRATEGIC GROWTH AREAS WITHIN EXISTING
20
CENSUS-DEFINED URBANIZED AREAS, AND INCLUDE GUIDANCE FOR THE21
LOCATION OF MIDDLE AND MULTIFAMILY HOUSING THAT SUPPORTS THE22
GOALS OF SENATE BILL 23-213 WHICH INCLUDE BUT ARE NOT LIMITED TO23
MEETING THE STATE'S HOUSING NEEDS FOR PEOPLE OF ALL INCOME24
LEVELS, AGE, AND FAMILY STATUS AND REDUCING25
TRANSPORTATION-RELATED CLIMATE AND AIR QUALITY IMPACTS ;26
(III) D
EVELOP SCENARIOS THAT EVALUATE THE IMPACTS OF
27
213
-31- PRIORITIZING GROWTH IN STRATEGIC GROWTH AREAS IN COMPARISON TO1
EXISTING GROWTH PATTERNS . THESE SCENARIOS MUST ADDRESS THE2
FISCAL IMPACTS ON INFRASTRUCTURE OF GROWTH PATTERNS IN ADDITION3
TO OTHER PERFORMANCE MEASURES AS IDENTIFIED BY THE4
METROPOLITAN PLANNING ORGANIZATION . METROPOLITAN PLANNING5
ORGANIZATIONS AND MUNICIPALITIES MAY UTILIZE PREVIOUS SCENARIO6
ANALYSES IN SATISFYING THIS SUBSECTION (8)(b)(III).7
(IV) E
VALUATE THE EXISTING ZONING AND DENSITY PERMITTED
8
WITHIN STRATEGIC GROWTH AREAS ; AND9
(V) U
SE A METHOD THAT ALLOWS A MUNICIPALITY TO EFFICIENTLY
10
UTILIZE THE INFORMATION IN THE STRATEGIC GROWTH AND HOUSING MIX11
ANALYSIS IN THE DEVELOPMENT OF THE STRATEGIC GROWTH ELEMENT OF12
THE MUNICIPALITY'S MASTER PLAN, REQUIRED PURSUANT TO SECTION13
31-23-206.14
(c) (I) O
N OR BEFORE DECEMBER 31, 2025, A METROPOLITAN
15
PLANNING ORGANIZATION WITH A POPULATION OF TWO HUNDRED FIFTY16
THOUSAND OR MORE SHALL , IN CONSULTATION WITH THE RELEVANT17
COUNTIES AND MUNICIPALITIES, COMPLETE A STRATEGIC GROWTH AND18
HOUSING MIX ANALYSIS.19
(II) O
N OR BEFORE DECEMBER 31, 2025, A MUNICIPALITY WITH A
20
POPULATION OF FIFTY THOUSAND OR MORE THAT IS WITHIN A21
METROPOLITAN PLANNING ORGANIZATION WITH A POPULATION OF LESS22
THAN TWO HUNDRED FIFTY THOUSAND SHALL COMPLETE A STRATEGIC23
GROWTH AND HOUSING MIX ANALYSIS .24
29-33-106. Menu of urban municipality affordability and25
accessibility strategies. (1) I
N ORDER TO SUPPORT AFFORDABILITY AND
26
ADVANCE M EETING THE HOUSING NEEDS OF LOW -INCOME,27
213
-32- MODERATE-INCOME, AND MEDIUM-INCOME HOUSEHOLDS, AS DEFINED BY1
THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN2
DEVELOPMENT, THE MENU OF AFFORDABILITY STRATEGIES FOR AN URBAN3
MUNICIPALITY MUST INCLUDE BOTH AFFORDABLE DEVELOPMENT4
STRATEGIES AND LONG -TERM AFFORDABILITY STRATEGIES . THE5
AFFORDABLE DEVELOPMENT STRATEGIES INCLUDED IN THE MENU OF6
AFFORDABILITY STRATEGIES FOR AN URBAN MUNICIPALITY MUST INCLUDE7
THE FOLLOWING:8
(a) I
MPLEMENTATION OF A LOCAL INCLUSIONARY ZONING
9
ORDINANCE IN ACCORDANCE WITH THE REQUIREMENTS OF SECTIONS10
29-20-104 (e.5)
AND (e.7);
11
(b) T
HE CREATION OF A PROGRAM TO SUBSIDIZE OR OTHERWISE
12
REDUCE LOCAL DEVELOPMENT FEES FOR REGULATED AFFORDABLE13
HOUSING DEVELOPMENT THAT MAY INCLUDE :14
(I) B
UILDING PERMIT FEES;
15
(II) W
ATER AND SEWER TAP FEES; AND
16
(III) I
NFRASTRUCTURE COSTS;
17
(c) T
HE CREATION OF AN EXPEDITED DEVELOPMENT REVIEW
18
PROCESS FOR REGULATED AFFORDABLE HOUSING DEVELOPMENTS ;19
(d) T
HE ESTABLISHMENT OF A DENSITY BONUS PROGRAM THAT
20
GRANTS INCREASED FLOOR AREA RATIO, DENSITY, OR HEIGHT TO INCREASE21
THE CONSTRUCTION OF REGULATED AFFORDABLE HOUSING UNITS ;22
(e) E
NABLING REGULATED AFFORDABLE HOUSING AS A USE BY
23
RIGHT IN HOUSING TYPES AND AREAS CONSISTENT WITH THE GOALS OF24
INCREASING AND PRESERVING HOUSING AFFORDABILITY , SUPPLY, AND25
HOUSING UNIT TYPE DIVERSITY;26
(f) T
HE ESTABLISHMENT OF A POLICY OR PLAN TO LEVERAGE
27
213
-33- MUNICIPALLY OWNED , SOLD, OR MANAGED LAND FOR REGULATED1
AFFORDABLE HOUSING DEVELOPMENT ;2
(g) T
HE ELIMINATION OF LOCAL PARKING REQUIREMENTS FOR
3
REGULATED AFFORDABLE HOUSING ;4
(h) P
RIORITIZING WATER SUPPLIES FOR AFFORDABLE OR DENSE
5
HOUSING TYPES OVER LESS EFFICIENT HOUSING OR OTHER LESS CRITICAL6
USES THROUGH A WATER POLICY ESTABLISHED BY THE MUNICIPALITY OR7
IN COORDINATION WITH A UTILITY PROVIDER ;8
(i) T
HE PRIORITIZED APPLICATION OF MIDDLE HOUSING , KEY
9
CORRIDOR, AND TRANSIT -ORIENTED AREA DENSITIES IN THE10
MUNICIPALITY'S HIGHEST-INCOME CENSUS TRACTS;11
(j) E
STABLISHING A POLICY TO ALIGN INFRASTRUCTURE
12
STRATEGIES WITH THE NEEDS IDENTIFIED IN THE RELEVANT LOCAL13
HOUSING NEEDS ASSESSMENT. POLICIES MAY INCLUDE THE PRIORITIZATION14
OF UTILITIES AND AVAILABLE AND USABLE WATER RIGHTS , COST15
EXEMPTIONS, AND DISCOUNTS, FOR REGULATED AFFORDABLE HOUSING16
THAT MEETS ANY NEEDS IDENTIFIED IN THE RELEVANT LOCAL HOUSING17
NEEDS ASSESSMENT;18
(k) E
STABLISHING HOUSING AND LAND USE POLICIES INFORMED BY
19
THE FINDINGS AND RECOMMENDATIONS OF THE STRATEGIC ACTION PLAN20
ON AGING, DEVELOPED PURSUANT TO SECTION 24-32-3406, AND THE21
LIFELONG COLORADO INITIATIVE CREATED PURSUANT TO SECTION22
26-11-302,
INCLUDING THE EIGHT REALMS OF LIVABLE AND AGE FRIENDLY
23
COMMUNITIES; AND24
(l) A
NY OTHER STRATEGIES PROPOSED BY A LOCAL GOVERNMENT
25
OR THE MULTI-AGENCY ADVISORY COMMITTEE THAT ARE APPROVED BY26
THE DEPARTMENT OF LOCAL AFFAIRS AND THAT SUPPORT EQUAL OR27
213
-34- GREATER AFFORDABILITY AND ACCESSIBILITY CONSISTENT WITH THE1
NEEDS IDENTIFIED IN THE RELEVANT LOCAL HOUSING NEEDS ASSESSMENT .2
(2) T
HE LONG-TERM AFFORDABILITY STRATEGIES INCLUDED IN THE
3
MENU OF AFFORDABILITY STRATEGIES FOR AN URBAN MUNICIPALITY MUST4
INCLUDE THE FOLLOWING:5
(a) T
HE ESTABLISHMENT OF A DEDICATED LOCAL REVENUE SOURCE
6
FOR REGULATED AFFORDABLE HOUSING DEVELOPMENT , SUCH AS7
INSTITUTING A LINKAGE FEE ON NEW DEVELOPMENTS ;8
(b) T
HE REGULATION OF SHORT-TERM RENTALS, SECOND HOMES,
9
OR OTHER VACANT UNITS IN A WAY THAT PROMOTES THE MAXIMUM USE10
OF LOCAL HOUSING STOCK FOR LOCAL HOUSING NEEDS AS DETERMINED11
THROUGH A HOUSING NEEDS ASSESSMENT . THIS REGULATION MAY12
INCLUDE EXACTING A VACANCY FEE ON UNDERUTILIZED UNITS .13
(c) M
AKING COMMITMENT TO AND REMAINING ELIGIBLE FOR THE
14
STATE AFFORDABLE HOUSING FUND CREATED IN SECTION 29-32-102 (1); 15
(d) P
RESERVING AFFORDABILITY OF BOTH REGULATED AND
16
UNREGULATED HOUSING THR OUGH INTERVENTIONS SUCH AS CAPITAL17
INVESTMENTS IN PROPERTY RESTORATION OR REHABILITATION , LOCAL18
RIGHT OF FIRST REFUSAL PROGRAMS , OR PROGRAMS THAT TRANSITION19
EXISTING HOUSING STOCK TO REGULATED AFFORDABLE HOUSING ;20
(e) I
NCENTIVIZING OR CREATING A DEDICATED LOCAL PROGRAM TO
21
FACILITATE INVESTMENT IN LAND BANKING OR COMMUNITY L AND TRUSTS ;22
(f) T
HE ESTABLISHMENT OF AN AFFORDABLE HOMEOWNERSHIP
23
STRATEGY SUCH AS:24
(I) T
HE ACQUISITION OR PRESERVATION OF DEED RESTRICTIONS ON
25
CURRENT HOUSING UNITS;26
(II) T
HE ESTABLISHMENT OF AN INCENTIVE PROGRAM TO
27
213
-35- ENCOURAGE REALTORS TO WORK WITH PROSPECTIVE LOW -INCOME AND1
MINORITY HOMEBUYERS ; OR2
(III) T
HE ESTABLISHMENT OF AN AFFORDABLE RENT -TO-OWN
3
PROGRAM; AND4
(g) P
RIORITIZING THE USE OF MUNICIPALLY OWNED DEVELOPABLE
5
LAND FOR AFFORDABLE HOUSING DEVELOPMENT , INCLUDING6
AFFORDABILITY DEED RESTRICTIONS OF AT LEAST SEVENTY -FIVE YEARS.7
(3) U
RBAN MUNICIPALITIES SHALL DEMONSTRATE THE ADOPTION
8
OF THE NUMBER OF THE AFFORDABILITY STRATEGIES SPECIFIED IN SECTION9
29-33-105 (4)(d)(I)
AND SUBMIT A REPORT DETAILING THESE STRATEGIES
10
TO THE DEPARTMENT OF LOCAL AFFAIRS NO LATER THAN JUNE 30, 2025.11
I
N DETERMINING WHICH STRATEGIES TO ADOPT , AN URBAN MUNICIPALITY
12
SHALL CONSIDER PREVIOUS PLANS ADDRESSING HOUSING NEEDS OR OTHER13
AVAILABLE DATA TO INFORM THE SELECTION OF STRATEGIES TO ADDRESS14
KNOWN HOUSING NEEDS. URBAN MUNICIPALITIES MUST ADOPT AT LEAST15
TWO STRATEGIES FROM THE LIST OF AFFORDABLE DEVELOPMENT16
STRATEGIES IN SUBSECTION (1) OF THIS SECTION AND AT LEAST ONE17
STRATEGY FROM THE LIST OF LONG-TERM AFFORDABILITY STRATEGIES IN18
SUBSECTION (2) OF THIS SECTION.19
(4) N
OTWITHSTANDING SECTION 29-33-105 (4)(d)(I), AN URBAN
20
MUNICIPALITY MAY SUBMIT EVIDENCE TO THE DEPARTMENT OF LOCAL21
AFFAIRS CONCERNING AFFORDABILITY STRATEGIES THAT THE22
MUNICIPALITY HAS ADOPTED OUTSIDE OF THOSE LISTED IN THIS SECTION ,23
OR THAT THE MUNICIPALITY ADOPTED PRIOR TO THE EFFECTIVE DATE OF24
THIS SECTION, AND THE IMPACT OF THOSE STRATEGIES. THE DEPARTMENT25
MAY DETERMINE WHETHER THOSE STRATEGIES MAY QUALIFY AS26
AFFORDABILITY STRATEGIES FOR PURPOSES OF SECTION 29-33-10527
213
-36- (4)(d)(I).1
29-33-107. Displacement risk assessment and mitigation2
strategies. (1) (a) N
O LATER THAN DECEMBER 31, 2024, THE EXECUTIVE
3
DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS SHALL DEVELOP A4
DISPLACEMENT RISK ASSESSMENT , DEVELOP DISPLACEMENT MITIGATION5
STRATEGIES, AND DETERMINE THE NUMBER OF STRATEGIES THAT MUST BE6
SELECTED TO GUIDE TIER ONE AND TIER TWO URBAN MUNICIPALITIES AND7
RURAL RESORT JOB CENTER MUNICIPALITIES IN PREVENTING8
DISPLACEMENT AS PART OF THE REQUIRED HOUSING NEEDS PLAN9
PURSUANT TO SECTION 29-33-105.10
(b) T
HE DISPLACEMENT ASSESSMENT , DISPLACEMENT MITIGATION
11
STRATEGIES, AND NUMBER OF DISPLACEMENT MITIGATION STRATEGIES12
MUST PROVIDE ADEQUATE GUIDANCE AND TOOLS TO PREVENT13
DISPLACEMENT FROM AREAS , COMMUNITIES, OR HOUSEHOLDS AT HIGH14
RISK FOR DISPLACEMENT.15
(2) Displacement risk assessment. (a) A
DISPLACEMENT RISK
16
ASSESSMENT MUST CONSIDER :17
(I) G
EOGRAPHY AS DETERMINED BY FEEDBACK GATHERED FROM
18
THE RESIDENTS OF THE COMMUNITY AND NOT NECESSARILY BY CENSUS19
TRACTS;20
(II) N
EIGHBORHOOD-LEVEL EARLY WARNING AND RESPONSE
21
SYSTEMS THAT CAN HELP MUNICIPALITIES AND COMMUNITY ADVOCATES22
GET AHEAD OF TRENDS AND PREDICTIONS OF FUTURE CH ANGE WITH A23
FOCUS ON DISPLACEMENT DUE TO RISING HOUSING COSTS ;24
(III) B
ASELINE CENSUS DATA AND THE INCLUSION OF OTHER DATA
25
POINTS THAT ARE UPDATED ON A FREQUENT BASIS ;26
(IV) N
EIGHBORHOOD CHANGE, WHICH MEANS THE CONSIDERATION
27
213
-37- OF DATA THAT CAPTURES THE FULL SPECTRUM OF BOTH POSITIVE AND1
NEGATIVE ECONOMIC, RACIAL OR ETHNIC, AND STRUCTURAL CHANGES IN2
A GEOGRAPHIC AREA;3
(V) N
EIGHBORHOOD REVITALIZATION , WHICH MEANS CHANGE
4
VIEWED AS POSITIVE, USUALLY ACCOMPANIED BY NEW PUBLIC OR PRIVATE5
INVESTMENT;6
(VI) G
ENTRIFICATION CHANGES THAT CAPTURE THE
7
TRANSFORMATION OF AREAS HISTORICALLY INHABITED BY MARGINALIZED8
GROUPS, USUALLY RACIAL, ETHNIC, OR CLASS GROUPS, INTO AREAS USED9
BY THE DOMINANT CLASS OR RACIAL OR ETHNIC GROUP . THIS TYPE OF10
CHANGE MAY BE CHARACTERIZED BY INCREASED INVESTMENTS IN AREAS11
THAT HAVE SEEN LONG-TERM DISINVESTMENT.12
(VII) D
ISPLACEMENT, AS DEFINED IN SECTION 29-33-102.
13
D
ISPLACEMENT IS DISTINCT FROM RESIDENTIAL MOBILITY , WHICH
14
INCLUDES VOLUNTARY HOUSEHOLD MOVEMENT .15
(b) A
DISPLACEMENT RISK ASSESSMENT MUST INCLUDE THE
16
FOLLOWING FACTORS THAT CAN BE USED TO IDENTIFY RISKS FOR17
DISPLACEMENT AT THE CENSUS TRACT OR OTHER SIMILAR GEOGRAPHIC18
SCALE, AS DETERMINED BY THE RESIDENTS OF A GIVEN COMMUNITY :19
(I) T
HE PERCENTAGE OF HOUSEHOLDS WHO ARE EXTREMELY
20
LOW-INCOME, VERY LOW-INCOME, AND LOW-INCOME, AS DEFINED BY THE21
U
NITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ;
22
(II) T
HE PERCENTAGE OF RESIDENTS WHO ARE RENTERS ;
23
(III) T
HE PERCENTAGE OF COST-BURDENED HOUSEHOLDS ;
24
(IV) T
HE NUMBER OF ADULTS WHO ARE TWENTY -FIVE YEARS OF
25
AGE OR OLDER AND HAVE NOT EARNED AT LEAST A HIGH SC HOOL26
DIPLOMA;27
213
-38- (V) THE PERCENTAGE OF HOUSEHOLDS IN WHICH THE PRIMARY1
LANGUAGE THAT IS SPOKEN IS A LANGUAGE OTHER THAN ENGLISH;2
(VI) T
HE PERCENTAGE OF RESIDENTS WHO WERE BORN OUTSIDE OF
3
THE UNITED STATES ACCORDING TO PUBLICLY AVAILABLE STATE AND4
FEDERAL INFORMATION;5
(VII) T
HE EMPLOYMENT RATE;
6
(VIII) T
HE PERCENTAGE OF WORKERS WHO LIVE WITHIN A
7
TEN-MILE RADIUS OF AN URBAN MUNICIPALITY OR TWENTY -MILE RADIUS8
OF A RURAL RESORT JOB CENTER;9
(IX) T
HE PERCENTAGE OF HOUSEHOLDS THAT DO NOT HAVE
10
INTERNET ACCESS;11
(X) E
XISTING AFFORDABLE HOUSING STOCK AT RISK OF
12
DISPLACING CURRENT RESIDENTS DUE TO MARKET FORCES , REVISED13
NEIGHBORHOOD ARCHITECTURAL DESIGN CHANGES , OR AGING14
STRUCTURES;15
(XI) I
NSTITUTIONAL INVESTOR REAL ESTATE ACTIVITY IN THE
16
FOR-SALE MARKET;17
(XII) A
N EVALUATION OF INCREASED LAND PRICES , RENTAL
18
PRICES, PROPERTY VALUES, AND OTHER REAL ESTATE AND HOUSING19
AFFORDABILITY IMPACTS THAT COULD CREATE A VULNERABILITY TO , OR20
ELEVATED RISK OF, DISPLACEMENT FOR RESIDENTS CURRENTLY LIVING IN21
THE AREA OR COMMUNITY ;22
(XIII) T
HE NUMBER OF RENTERS WHO WERE LEGALLY EVICTED FOR
23
NONPAYMENT OF RENT IN THE PRIOR CALENDAR YEAR , FOR ALL AREAS24
WHERE THIS INFORMATION IS READILY AVAILABLE ;25
(XIV) T
HE NUMBER OF SMALL BUSINESSES , AS MEASURED BY
26
ANNUAL GROSS SALES AMOUNT ; AND27
213
-39- (XV) THE CHANGE IN THE NUMBER OF BUSINESSES OVER FIVE1
YEARS PRIOR TO ASSESSMENT.2
(c) T
HE DISPLACEMENT RISK ASSESSMENT MUST BE DEVELOPED IN
3
A MANNER THAT ALLOWS FOR MUNICIPALITIES TO CONDUCT AN INITIAL4
DISPLACEMENT RISK ASSESSMENT , NECESSARY SUBSEQUENT5
DISPLACEMENT RISK ASSESSMENTS , AND DISPLACEMENT RISK6
ASSESSMENTS OF SPECIFIC PROJECTS TO DETERMINE THE PROJECT 'S7
DISPLACEMENT RISK.8
(3) Displacement mitigation strategies. (a) T
HE GOAL OF
9
DISPLACEMENT MITIGATION STRATEGIES IS TO ENSURE THAT :10
(I) V
ULNERABLE HOMEOWNERS AND RENTERS IN GENTRIFYING
11
NEIGHBORHOODS ARE NOT DISPLACED FROM THEIR CURRENT HOMES AND12
NEIGHBORHOODS;13
(II) T
HE EXISTING AFFORDABLE HOUSING STOCK, BOTH SUBSIDIZED
14
AND UNSUBSIDIZED, IN GENTRIFYING NEIGHBORHOODS IS PRESERVED SO15
THAT DWELLING UNITS ARE IN GOOD CONDITION WHILE REMAINING16
AFFORDABLE TO LOW-INCOME RESIDENTS;17
(III) C
ITY PLANNING AND LAND USE DECISIONS INCORPORATE
18
INCLUSIVE AND EQUITABLE DISPLACEMENT MITIGATION STRATEGIES , AND19
LOW-INCOME PERSONS AND COMMUNITIES OF COLOR ARE EMPOWERED TO20
PARTICIPATE EARLY AND MEANINGFULLY IN LAND USE DECISIONS THAT21
SHAPE THEIR HOMES, NEIGHBORHOODS, AND COMMUNITIES;22
(IV) N
EW AFFORDABLE HOUSING OPTIONS ARE CREATED TO SERVE
23
CURRENT AND FUTURE VULNERABLE HOUSEHOLDS IN GENTRIFYING24
NEIGHBORHOODS;25
(V) V
ULNERABLE RESIDENTS ARE ABLE TO REMAIN IN OR RETURN
26
TO THEIR COMMUNITIES BY ACCESSING THE NEW AFFORDABLE HOUSING27
213
-40- OPPORTUNITIES IN THEIR NEIGHBORHOODS ; AND1
(VI) A
N EQUAL OR GREATER AMOUNT OF AFFORDABLE HOUSING
2
IS PROVIDED IN AREAS IDENTIFIED AS AT-RISK OF DISPLACEMENT BASED ON3
THE DISPLACEMENT RISK ASSESSMENT . THIS IS A CENTRAL TENANT OF THE4
DISPLACEMENT MITIGATION STRATEGIES .5
(b) E
ACH OF THE DISPLACEMENT MITIGATION STRATEGIES MUST BE
6
ABLE TO BE INCORPORATED BY TIER ONE AND TWO MUNICIPALITIES AND7
RURAL RESORT JOB CENTER MUNICIPALITIES INTO THE MUNICIPALITY 'S8
HOUSING NEEDS PLAN AS REQUIRED BY SECTION 29-33-105. THESE9
DISPLACEMENT MITIGATION STRATEGIES MUST INCLUDE :10
(I) G
UIDANCE AND RECOMMENDATIONS FOR HOW A LOCAL
11
GOVERNMENT SHALL INCORPORATE THE DISPLACEMENT RISK ASSESSMENT12
REQUIRED PURSUANT TO SUBSECTION (1) OF THIS SECTION;13
(II) L
ONG-TERM DISPLACEMENT MITIGATION MEASURES FROM
14
WHICH LOCAL GOVERNMENTS MUST CHOOSE TO ADDRESS AREAS15
IDENTIFIED IN THE DISPLACEMENT RISK ASSESSMENT REQUIRED BY16
SUBSECTION (2) OF THIS SECTION, INCLUDING:17
(A) D
EVELOPING A PROGRAM TO OFFER TECHNICAL ASSISTANCE
18
AND FINANCIAL SUPPORT FOR COMMUNITY ORGANIZATIONS TO DEVELOP19
INDEPENDENT COMMUNITY LAND TRUSTS ;20
(B) L
OCAL GOVERNMENT PLANNING FOR ACQUISITION AND
21
REHABILITATING OF NATURALLY OCCURRING AFFORDABLE RENTALS ,22
EITHER TO ENTER INTO LAND TRUST OR TO INCLUDE AFFORDABILITY DEED23
RESTRICTIONS;24
(C) I
MPLEMENTING LOCAL RIGHT OF FIRST REFUSAL FOR EXPIRING
25
REGULATED AFFORDABLE UNITS , PRIORITIZE LOCAL FUNDS TOWARD26
AFFORDABLE UNIT RECAPTURE, AND IMPLEMENTING OR CONTINUING DEED27
213
-41- RESTRICTED AFFORDABILITY; AND1
(D) P
ROVIDING HOMESTEAD TAX EXEMPTIONS FOR LONGTIME
2
HOMEOWNERS IN NEIGHBORHOODS IDENTIFIED AS VULNERABLE TO3
DISPLACEMENT AND FOR LOW - TO MODERATE-INCOME HOMEOWNERS4
WITHIN ONE-HALF MILE OF LARGE MULTIFAMILY DEVELOPMENTS ;5
(III) R
EQUIRING MULTIFAMILY DEVELOPERS WHO BUILD
6
DEVELOPEMNTS IN AREAS AT RISK OF DISPLACEMENT , AS IDENTIFIED BY7
THE DISPLACEMENT RISK ASSESSMENT , TO CREATE A COMMUNITY8
BENEFITS AGREEMENT WITH AFFECTED POPULATIONS WITHIN9
ONE-QUARTER MILE OF THE DEVELOPMENT ;10
(IV) P
ROVIDING A PRIORITIZATION POLICY FOR CURRENT
11
RESIDENTS IN THIRTY PERCENT OF ANY NEW MULTIFAMILY DEVELOPMENT12
FOR THE FIRST TWO MONTHS OF WHEN UNITS ARE LEASED AFTER13
CONSTRUCTION IN A MULTIFAMILY DEVELOPMENT ;14
(V) R
EQUIRING GREATER AFFORDABILITY REQUIREMENTS FOR
15
MISSING MIDDLE HOUSING IN AREAS THAT ARE IDENTIFIED AS AT -RISK OF16
DISPLACEMENT PURSUANT TO THE DISPLACEMENT RISK ASSESSMENT17
REQUIRED IN SUBSECTION (1) OF THIS SECTION:18
(A) I
N AREAS WITH SINGLE FAMILY ZONING , ONE IN THREE UNITS
19
IN ANY TRIPLEX MUST BE AFFORDABLE TO PEOPLE WITH INCOMES AT OR20
BELOW ONE HUNDRED PERCENT OF THE LOCAL NEIGHBORHOOD AREA21
MEDIAN INCOME; AND22
(B) I
N AREAS ZONED FOR USE BY SINGLE FAMILY DWELLINGS THAT
23
ARE REZONED FOR MULTIFAMILY UNITS WITH THREE TO FOUR UNITS , FIFTY24
PERCENT OF THE UNITS MUST BE AFFORDABLE TO PEOPLE WITH INCOMES25
AT OR BELOW ONE HUNDRED PERCENT OF THE LOCAL NEIGHBORHOOD26
AREA MEDIAN INCOME; AND27
213
-42- (VI) SHORT-TERM DISPLACEMENT MITIGATION MEASURES FROM1
WHICH LOCAL GOVERNMENTS SHALL CHOOSE , INCLUDING:2
(A) T
HE CREATION OF A LOCALLY FUNDED AND ADMINISTERED
3
RENTAL AND MORTGAGE ASSISTANCE PROGRAM ;4
(B) T
HE CREATION OF AN EVICTION AND FORECLOSURE NO -COST
5
LEGAL REPRESENTATION PROGRAM ;6
(C) T
HE ESTABLISHMENT OF A HOUSING COUNSELING AND
7
NAVIGATION PROGRAM; AND8
(D) T
HE CREATION OF A PROPERTY TAX AND DOWN PAYMENT
9
ASSISTANCE PROGRAM.10
(c) M
UNICIPALITIES SHALL ADOPT A MINIMUM NUMBER OF
11
SHORT-TERM AND LONG-TERM DISPLACEMENT MITIGATION STRATEGIES . 12
(I) T
HE NUMBER OF SHORT -TERM AND LONG -TERM
13
EVIDENCE-BASED DISPLACEMENT MITIGATION STRATEGIES THAT AN14
URBAN OR RURAL RESORT JOB CENTER MUNICIPALITY SHALL ADOPT IS15
DETERMINED BASED ON THE PERCENTAGE OF THE POPULATION FOUND TO16
BE VULNERABLE TO DISPLACEMENT ACCORDING TO THE DISPLACEMENT17
RISK ASSESSMENT.18
(II) T
HE STRATEGIES A MUNICIPALITY SELECTS MUST BE
19
EVIDENCED-BASED AND PROVIDE SUPPORTING INFORMATION AND A20
NARRATIVE TO DEMONSTRATE HOW THE STRATEGIES WILL MITIGATE21
DISPLACEMENT AS IDENTIFIED IN THE DISPLACEMENT RISK ASSESSMENT .22
(d) A
N URBAN AND RURAL RESORT JOB CENTER MUNICIPALITY
23
SHALL PROVIDE A NARRATIVE AND EVIDENCE FOR HOW EACH24
DISPLACEMENT MITIGATION STRATEGY IT ADOPTS CORRESPONDS TO THE25
NEIGHBORHOOD MEDIAN INCOME OF DISPLACEMENT -VULNERABLE AREAS26
AS DETERMINED BY THE DISPLACEMENT RISK ASSESSMENT .27
213
-43- (4) Assessment and strategies. N O LATER THAN DECEMBER 31,1
2024,
AND EVERY FIVE YEARS THEREAFTER , IN ACCORDANCE WITH THE
2
GUIDANCE FOR CREATING A DISPLACEMENT RISK ASSESSMENT AND THE3
SELECTION OF DISPLACEMENT MITIGATION STRATEGIES , EVERY TIER ONE4
AND TWO URBAN MUNICIPALITY AND RURAL RESORT JOB CENTER5
MUNICIPALITY SHALL DEVELOP , ADOPT, AND SUBMIT A DISPLACEMENT6
RISK ASSESSMENT AND A DESCRIPTION OF THE EVIDENCE -BASED7
DISPLACEMENT MITIGATION STRATEGIES IT SELECTED TO THE8
DEPARTMENT OF LOCAL AFFAIRS AS PART OF A HOUSING NEEDS PLAN9
REQUIRED UNDER SECTION 29-33-105. THE DEPARTMENT OF LOCAL10
AFFAIRS SHALL POST THE SUBMITTED PLANS PUBLICLY ON ITS WEBSITE .11
(5) Public comment. B
EFORE ADOPTING AND SUBMITTING A FINAL
12
DISPLACEMENT RISK ASSESSMENT AND MAKING A FINAL SELECTION OF13
EVIDENCE-BASED DISPLACEMENT MITIGATION STRATEGIES , A TIER ONE OR14
TIER TWO URBAN MUNICIPALITY AND A RURAL RESORT JOB CENTER15
MUNICIPALITY SHALL PUBLISH THE MOST RECENT DRAFT OF ITS16
DISPLACEMENT RISK ASSESSMENT AND THE EVIDENCE -BASED17
DISPLACEMENT MITIGATION STRATEGIES IT SELECTED AND ENGAGE IN A18
PUBLIC COMMENT PROCESS . THAT PUBLIC COMMENT PROCESS MUST19
INCLUDE:20
(a) P
ROVIDING PUBLIC NOTICE AND HOLDING AT LEAST TWO PUBLIC
21
HEARINGS AT WHICH MEMBERS OF THE PUBLIC HAVE AN OPPORTUNITY TO22
COMMENT;23
(b) A
LLOWING SUBMISSION OF WRITTEN COMMENTS ;
24
(c) C
ONDUCTING OUTREACH TO AND SOLICITING FEEDBACK FROM
25
THE LOCAL COMMUNITY GROUPS THAT ARE MOST AT -RISK OF26
DISPLACEMENT;27
213
-44- (d) CONSULTING WITH EXPERTS IN DISABILITY RIGHTS ,1
HOMELESSNESS PREVENTION, AFFORDABLE HOUSING, AND TENANT RIGHTS; 2
(e) C
ONDUCTING OUTREACH TO COMMUNITIES AT RISK OF
3
DISPLACEMENT; AND4
(f)
AN ENCOURAGEMENT OF PARTICIPATION IN THE PUBLIC
5
COMMENT PROCESS, ENSURING ACCESSIBILITY TO THE COMMENT AND6
HEARING PROCESS BY PROVIDING TRANSLATIONS OF THE DRAFT AND FINAL7
DISPLACEMENT RISK ASSESSMENT , EVIDENCE-BASED DISPLACEMENT8
MITIGATION STRATEGIES, OR OTHER RELATED MATERIALS AND BY9
PROVIDING INTERPRETATION IN LANGUAGES PREDOMINANTLY SPOKEN IN10
EACH COMMUNITY FOR HEARINGS AND OUTREACH .11
(6) Prior displacement efforts. B
Y JANUARY 1, 2025, TIER ONE
12
AND TWO URBAN MUNICIPALITIES AND RURAL RESORT JOB CENTER13
MUNICIPALITIES MAY SUBMIT EVIDENCE -BASED MITIGATION STRATEGIES14
LINKED TO DISPLACEMENT RISK ASSESSMENTS AND THE IMPACT OF THE15
MEASURES THAT THE MUNICIPALITY ADOPTED PRIOR TO THE EFFECTIVE16
DATE OF THIS SECTION TO THE DEPARTMENT OF LOCAL AFFAIRS . NO LATER17
THAN DECEMBER 25, 2025, THE DEPARTMENT MAY DETERMINE WHETHER18
THOSE STRATEGIES QUALIFY AS A DISPLACEMENT MITIGATION LONG -TERM19
OR SHORT-TERM MEASURE TO GO TOWARDS SATISFYING THE NUMBER OF20
MEASURES THAT MUST BE ADOPTED FOR PURSUANT TO SUBSECTION21
(3)(c)(I)
OF THIS SECTION.
22
(7) Technical assistance. T
HE DEPARTMENT OF LOCAL AFFAIRS
23
SHALL PROVIDE TECHNICAL ASSISTANCE AND FUNDING TO SUPPORT TIER24
ONE AND TWO URBAN MUNICIPALITIES AND RURAL RESORT JOB CENTER25
MUNICIPALITIES IN CONDUCTING A DISPLACEMENT ASSESSMENT AND IN26
IDENTIFYING DISPLACEMENT MITIGATION STRATEGIES TO ADDRESS THE27
213
-45- RISK OF DISPLACEMENT IN THE AREAS AT THE HIGHEST RISK OF1
DISPLACEMENT.2
29-33-108. Strategic growth objectives - reporting. (1) (a) N
O
3
LATER THAN MARCH 31, 2024, THE EXECUTIVE DIRECTOR OF THE4
DEPARTMENT OF LOCAL AFFAIRS SHALL PUBLISH A REPORT THAT5
IDENTIFIES MULTI-AGENCY IMPLEMENTATION PRINCIPLES TO ACHIEVE6
STRATEGIC GROWTH OBJECTIVES . THE EXECUTIVE DIRECTOR SHALL7
UPDATE THIS REPORT EVERY SIX YEARS.8
(b) T
HE MULTI-AGENCY ADVISORY COMMITTEE SHALL , AS PART OF
9
THE PUBLIC COMMENT AND HEARING PROCESS ESTABLISHED IN SECTION10
29-33-109
(2), DEVELOP RECOMMENDATIONS TO PROVIDE TO THE
11
EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS12
CONCERNING THE REPORT DESCRIBED IN SUBSECTION (1)(a) OF THIS13
SECTION.14
(2) S
TRATEGIC GROWTH OBJECTIVES SERVE AS BROAD GUIDANCE
15
TO STATE AGENCIES AND OTHER ENTITIES ENGAGED IN THE16
IMPLEMENTATION OF SENATE BILL 23-213, ARE INTENDED TO AID IN17
REACHING THE HOUSING AND LAND USE GOALS OF SENATE BILL 23-213 AS18
IDENTIFIED IN SUBSECTION (4) OF THIS SECTION, AND ARE TO BE UTILIZED19
IN DEVELOPING MULTI -AGENCY IMPLEMENTATION PRINCIPLES FOR20
STRATEGIC GROWTH OBJECTIVES . STRATEGIC GROWTH OBJECTIVES MUST21
BE DRAFTED IN A WAY THAT, AT A MINIMUM:22
(a) D
EFINES STRATEGIC GROWTH AREAS AS AREAS WITHIN
23
EXISTING CENSUS URBANIZED AREAS THAT INCLUDE AREAS :24
(I) W
ITHIN KEY CORRIDORS AND TRANSIT-ORIENTED AREAS;
25
(II) T
HAT ARE VACANT, PARTIALLY VACANT, AND UNDERUTILIZED
26
LAND;27
213
-46- (III) THAT CAN ACCOMMODATE INFILL DEVELOPMENT ,1
REDEVELOPMENT, AND NEW DEVELOPMENT ;2
(IV) T
HAT INCLUDE GREYFIELD DEVELOPMENT AND BROWNFIELD
3
DEVELOPMENT;4
(V) T
HAT INCLUDE A VARIETY OF HOUSING TYPES AT DENSITY
5
LEVELS THAT SUPPORT FREQUENT TRANSIT SERVICE , FOR BOTH EXISTING6
AND FUTURE TRANSIT CORRIDORS ;7
(VI) T
HAT INCLUDE MIDDLE HOUSING AND MULTIFAMILY HOUSING
8
IN EXISTING OR FUTURE WALKABLE MIXED -USE NEIGHBORHOODS AND9
CENTERS;10
(VII) W
ITH SUFFICIENT WATER SUPPLIES AND ALLOCATIONS TO
11
AFFORDABLE AND WATER -EFFICIENT DESIGN; AND12
(VIII) B
EYOND EXISTING A CENSUS URBANIZED AREA
13
EXPERIENCING GROWTH MAY BE CONSIDERED A STRATEGIC GROWTH AREA14
IF IT MEETS THE CRITERIA IN SUBSECTIONS (2)(a)(V), (2)(a)(VI), AND15
(2)(a)(VII)
OF THIS SECTION;
16
(b) R
EQUIRES STATE AGENCIES TO CONSIDER THE DIFFERENT
17
CONTEXTS AND NEEDS OF STRATEGIC GROWTH AREAS IN RURAL , RURAL18
RESORT, AND URBAN AREAS OF THE STATE;19
(c) P
ROMOTES INVESTMENTS THAT SUPPORT STRATEGIC GROWTH
20
AREAS;21
(d) S
TREAMLINES AGENCY PERMITTING PROCESSES TO SUPPORT
22
STRATEGIC GROWTH AREAS ;23
(e) R
EQUIRES PROJECT PRIORITIZATION PROCESSES AND GRANT
24
PROGRAMS TO SUPPORT STRATEGIC GROWTH AREAS ;25
(f) C
ONSIDERS STEPS TO SUPPORT STRATEGIC GROWTH OBJECTIVES
26
WHEN UPDATING PLANNING DOCUMENTS , INCLUDING PERFORMANCE27
213
-47- MEASURES AND PERFORMANCE TARGETS ; AND1
(g) A
LLOWS FOR THE IDENTIFICATION OF NEW STRATEGIC GROWTH
2
OBJECTIVES AS NEEDED DURING THE IMPLEMENTATION OF THE3
MULTI-AGENCY IMPLEMENTATION PRINCIPLES IDENTIFIED IN SUBSECTION4
(1)(a)
OF THIS SECTION.
5
(3) (a) N
O LATER THAN JUNE 30, 2025, THE MULTI-AGENCY GROUP
6
SHALL SUBMIT A REPORT TO THE EXECUTIVE DIRECTOR OF THE7
DEPARTMENT OF LOCAL AFFAIRS WITH REVIEW AND CO -SUBMITTAL FROM8
THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF NATURAL RESOURCES9
WHO SHALL SUBMIT THE REPORT TO THE GENERAL ASSEMBLY .10
(b) T
HE REPORT MUST ASSESS BOTH:
11
(I) T
HE AVAILABILITY AND SUFFICIENCY OF WATER SUPPLIES IN
12
COUNTIES WITH A POPULATION GREATER THAN TWO HUNDRED AND FIFTY13
THOUSAND TO PROVIDE FOR ANTICIPATED GROWTH AND DEVELOPMENT ; 14
(II) P
OLICY OPTIONS TO PROMOTE WATER USE EFFICIENCY ; AND
15
(III) P
OLICY OPTIONS TO OPTIMIZE WATER SUPPLY AND
16
DEVELOPMENT.17
(4) O
N OR BEFORE DECEMBER 31, 2023, THE MULTI-AGENCY
18
COMMITTEE CREATED IN SECTION 29-33-103 SHALL SUBMIT A REPORT TO19
THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION ,20
WHO SHALL SUBMIT THE REPORT TO THE GENERAL ASSEMBLY ,21
IDENTIFYING KEY CORRIDORS FOR URBAN BUS RAPID TRANSIT SERVICE AND22
FREQUENT BUS SERVICE.23
(5) N
O LATER THAN DECEMBER 31, 2023, THE MULTI-AGENCY
24
COMMITTEE CREATED IN SECTION 29-33-103 SHALL DELIVER A REPORT TO25
THE GENERAL ASSEMBLY CONCERNING LEGISLATIVE AND ADMINISTRATIVE26
RECOMMENDATIONS TO ADDRESS LONG -TERM HOUSING SUPPLY AND27
213
-48- AFFORDABILITY NEEDS, IN A MANNER THAT CONSERVES WATER , OPEN1
SPACE AND AGRICULTURAL LAND , REDUCES GREENHOUSE GAS EMISSION2
IN A MANNER SUFFICIENT TO MEET THE STATE 'S STATUTORY REDUCTION3
GOALS AND AIR POLLUTION , DEMONSTRATES THE REDUCTION OF4
NEAR-ROAD AIR POLLUTION, AND REDUCES LONG-TERM INFRASTRUCTURE5
COSTS.6
29-33-109. Public comment and hearing process. (1) I
N
7
DEVELOPING RECOMMENDATIONS CONCERNING GUIDANCE FOR THE8
EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS , THE9
MULTI-AGENCY ADVISORY COMMITTEE CREATED IN SECTION 29-33-10310
(1),
RURAL RESORT AREA SUBCOMMITTEE CREATED IN SECTION 29-33-103
11
(8),
OR THE URBAN AREA SUBCOMMITTEE CREATED IN SECTION 29-33-103
12
(9),
SHALL CONDUCT A PUBLIC COMMENT AND HEARING PROCESS ABOUT :
13
(a) D
EVELOPING METHODOLOGY FOR THE DEVELOPMENT OF
14
STATEWIDE, REGIONAL, AND LOCAL HOUSING NEEDS ASSESSMENTS15
PURSUANT TO SECTION 29-33-104;16
(b) C
REATING A HOUSING NEEDS PLAN PURSUANT TO SECTION
17
29-33-105;18
(c) D
EVELOPING A MENU OF AFFORDABILITY STRATEGIES THAT
19
INCLUDES STRATEGIES TO ADDRESS HOUSING PRODUCTION ,20
PRESERVATION, AND AFFORDABILITY PURSUANT TO SECTION 29-33-106;21
(d) D
EVELOPING A MENU OF DISPLACEMENT MITIGATION
22
MEASURES FOR URBAN MUNICIPALITIES PURSUANT TO SECTION 29-33-107;23
(e) P
UBLISHING A REPORT THAT IDENTIFIES STRATEGIC GROWTH
24
OBJECTIVES PURSUANT TO SECTION 29-33-108; AND25
(f) D
EVELOPING REPORTING GUIDANCE AND TEMPLATES FOR
26
RURAL RESORT JOB CENTER MUNICIPALITIES AND URBAN MUNICIPALITIES27
213
-49- PURSUANT TO SECTION 29-33-113.1
(2) T
O CONDUCT THE PUBLIC COMMENT AND HEARING PROCESS
2
REQUIRED BY SUBSECTION (1) OF THIS SECTION, THE MULTI-AGENCY3
ADVISORY COMMITTEE CREATED IN SECTION 29-33-103 (1), RURAL RESORT4
AREA SUBCOMMITTEE CREATED IN SECTION 29-33-103 (8), OR THE URBAN5
AREA SUBCOMMITTEE CREATED IN SECTION 29-33-103 (9), SHALL:6
(a) P
ROVIDE PUBLIC NOTICE AND HOLD AT LEAST TWO PUBLIC
7
HEARINGS AT WHICH MEMBERS OF THE PUBLIC HAVE AN OPPORTUNITY TO8
COMMENT ON THE SUBJECT OF THE HEARING ;9
(b) A
LLOW THE SUBMISSION OF WRITTEN COMMENTS ON THE
10
SUBJECT OF THE HEARING;11
(c) C
ONDUCT OUTREACH TO AND SOLICIT FEEDBACK FROM LOCAL
12
GOVERNMENTS AND REGIONAL PLANNING AGENCIES ;13
(d) C
ONSULT WITH EXPERTS IN DISABILITY RIGHTS, RACIAL EQUITY
14
AND HOMELESSNESS PREVENTION , AFFORDABLE HOUSING, FAIR HOUSING,15
PLANNING AND ZONING, AND RELATED FIELDS; AND16
(e) E
NSURE ACCESSIBILITY TO THE COMMENT AND HEARING
17
PROCESS BY PROVIDING TRANSLATED MATERIALS AND INTERPRETATION18
SERVICES, PROVIDING AT LEAST ONE OF THE HEARINGS IN PERSON , AND19
CONDUCTING OUTREACH TO ENCOURAGE PARTICIPATION FROM20
UNDERREPRESENTED COMMUNITIES .21
29-33-110. Natural and agricultural land priorities report.22
(1) N
O LATER THAN DECEMBER 31, 2024, THE OFFICE OF CLIMATE
23
PREPAREDNESS CREATED IN SECTION 24-38.8-102 (1) SHALL CONSULT24
WITH THE DEPARTMENT OF AGRICULTURE , THE DIVISION OF PARKS AND25
WILDLIFE WITHIN THE DEPARTMENT OF NATURAL RESOURCES , THE26
OUTDOOR RECREATION INDUSTRY OFFICE IN THE OFFICE OF ECONOMIC27
213
-50- DEVELOPMENT, THE COLORADO TOURISM OFFICE, AND THE MULTI-AGENCY1
GROUP TO DEVELOP A REPORT THAT IDENTIFIES INTERJURISDICTIONAL2
PRIORITIES THAT METROPOLITAN PLANNING ORGANIZATIONS SHOULD3
APPLY TO ACHIEVE BOTH:4
(a) C
ONNECTIVITY TO OPEN SPACE, WILDLIFE HABITAT, AND OTHER
5
PRIORITY LANDSCAPES; AND6
(b) P
RESERVATION OF AGRICULTURAL LAND , HISTORIC AND
7
CULTURAL RESOURCES, URBAN PARKS AND GREEN SPACES, EXURBAN OPEN8
SPACE, RECREATIONAL RESOURCES, WILDLIFE HABITATS, AND ECOSYSTEMS9
WITH THE GREATEST NEED FOR CONSERVATION .10
(2) T
HE REPORT MUST INTEGRATE AND INCLUDE INFORMATION
11
FROM RELEVANT EXISTING AND UNDER DEVELOPMENT STATE PLANS ,12
INCLUDING THE DIVISION OF PARKS AND WILDLIFE 'S STATE WILDLIFE13
ACTION PLAN, THAT ADDRESS CONSERVATION, RECREATION, AND CLIMATE14
ADAPTATION, AND MUST BE UPDATED TO INCORPORATE RESULTS OF NEW15
PLANS, DATA, OR ANALYSES THAT ARE COMPLETED AFTER THE INITIAL16
COMPLETION OF THE REPORT.17
(3) T
HE DEPARTMENT OF LOCAL AFFAIRS SHALL PUBLISH THE
18
REPORT AND MAKE IT AVAILABLE AS A RESOURCE FOR LOCAL19
GOVERNMENTS FOR USE IN DEVELOPING MASTER PLANS PURSUANT TO20
SECTIONS 30-28-106 AND 31-23-206 AS APPLICABLE.21
29-33-111. Rural resort job center municipalities - existing22
plans to address local housing needs - menu of affordability strategies23
- regional housing needs planning process. (1) Existing plans to24
address local housing needs. A
RURAL RESORT JOB CENTER
25
MUNICIPALITY THAT ADOPTS A PLAN TO ADDRESS LOCAL HOUSING NEEDS26
PRIOR TO THE EFFECTIVE DATE OF THIS SECTION MAY , RATHER THAN27
213
-51- DEVELOPING AND ADOPTING A NEW HOUSING NEEDS PLAN PURSUANT TO1
SUBSECTION (3)(b) OF THIS SECTION, UPDATE ITS EXISTING PLAN TO2
ADDRESS ADDITIONAL NEEDS IDENTIFIED IN THE LOCAL HOUSING NEEDS3
ASSESSMENT BEYOND WHAT THE MUNICIPALITY 'S EXISTING PLAN TO4
ADDRESS LOCAL HOUSING NEEDS INCLUDES , AND ANY REQUIREMENTS IN5
SECTION 29-33-105 (4) NOT ALREADY INCLUDED IN THE MUNICIPALITY 'S6
EXISTING PLAN TO ADDRESS LOCAL HOUSING NEEDS .7
(2) Rural resort job center municipality planning goals. I
N
8
ORDER TO SUPPORT AFFORDABILITY AND ADVANCE MEETING THE HOUSING9
NEEDS OF LOW- AND MODERATE-INCOME HOUSEHOLDS, AS DEFINED BY10
THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN11
DEVELOPMENT, THE MENU OF AFFORDABILITY STRATEGIES FOR A RURAL12
RESORT JOB CENTER MUNICIPALITY MUST INCLUDE BOTH AFFORDABLE13
DEVELOPMENT STRATEGIES AND LONG -TERM AFFORDABILITY STRATEGIES.14
T
HE AFFORDABLE DEVELOPMENT STRATEGIES INCLUDED IN THE MENU OF
15
AFFORDABILITY STRATEGIES FOR A RURAL RESORT JOB CENTER16
MUNICIPALITY MUST INCLUDE THE FOLLOWING :17
(a) A
STRATEGY DEFINED BY THE RURAL RESORT JOB CENTER
18
MUNICIPALITY THAT SETS PARAMETERS FOR THE CONSTRUCTION AND19
PERMITTING OF ACCESSORY DWELLING UNITS WITH AFFORDABILITY20
PROTECTIONS THAT MEET THE RURAL RESORT JOB CENTER MUNICIPALITY 'S21
HOUSING AFFORDABILITY NEEDS ;22
(b) A
STRATEGY DEFINED BY THE RURAL RESORT JOB CENTER
23
MUNICIPALITY THAT SETS PARAMETERS FOR THE CONSTRUCTION AND24
PERMITTING OF MIDDLE HOUSING AND MULTIFAMILY HOUSING THAT :25
(I) I
S WITHIN A WALKABLE DISTANCE OF TRANSIT STOPS , WHEN
26
POSSIBLE;27
213
-52- (II) INCORPORATES AFFORDABILITY PROTECTIONS SUCH AS DEED1
RESTRICTIONS AND SHORT-TERM RENTAL RESTRICTIONS AS IDENTIFIED BY2
THE RURAL RESORT JOB CENTER MUNICIPALITY ; AND3
(III) P
ROVIDES HOUSING THAT MEETS THE RURAL RESORT JOB
4
CENTER MUNICIPALITY'S DEMONSTRATED HOUSING AFFORDABILITY NEEDS5
AND SHORTAGES, TAKING INTO CONSIDERATION REGIONAL WORKFORCE6
COMMUTING TRENDS;7
(c) I
MPLEMENTING A LOCAL INCLUSIONARY ZONING ORDINANCE IN
8
ACCORDANCE WITH THE REQUIREMENTS OF SECTION 29-20-104 (e.5) AND9
(e.7);10
(d) T
HE CREATION OF A PROGRAM TO SUBSIDIZE OR OTHERWISE
11
REDUCE LOCAL DEVELOPMENT FEES FOR REGULATED AFFORDABLE12
HOUSING DEVELOPMENT THAT MAY INCLUDE :13
(I) B
UILDING PERMIT FEES;
14
(II) P
LANNING WAIVERS;
15
(III) W
ATER AND SEWER TAP FEES; AND
16
(IV) O
THER INFRASTRUCTURE COSTS ;
17
(e) C
REATING AN EXPEDITED DEVELOPMENT REVIEW PROCESS FOR
18
AFFORDABLE HOUSING DEVELOPMENTS ;19
(f) E
STABLISHING A DENSITY BONUS PROGRAM THAT ALLOWS
20
INCREASED FLOOR AREA RATIO , DENSITY, OR HEIGHT BEYOND WHAT IS21
OTHERWISE REQUIRED BY THIS ARTICLE 33 TO INCREASE THE22
CONSTRUCTION OF AFFORDABLE HOUSING UNITS ;23
(g) E
NABLING AFFORDABLE HOUSING AS A USE BY RIGHT IN
24
HOUSING TYPES AND AREAS BEYOND WHAT IS REQUIRED BY THIS ARTICLE25
33,
SUCH AS ADDITIONAL ZONE DISTRICTS, HIGHER ALLOWED DENSITIES,
26
OR OTHER APPROACHES CONSISTENT WITH THE GOALS OF INCREASING27
213
-53- HOUSING AFFORDABILITY, SUPPLY, AND HOUSING UNIT TYPE DIVERSITY;1
(h) E
STABLISHING A POLICY OR PLAN TO LEVERAGE
2
MUNICIPALLY-OWNED LAND FOR THE DEVELOPMENT OF AFFORDABLE3
HOUSING;4
(i) E
STABLISHING A DEDICATED LOCAL REVENUE SOURCE FOR THE
5
DEVELOPMENT OF AFFORDABLE HOUSING ;6
(j) R
EGULATING SHORT-TERM RENTALS OR SECOND HOMES ;
7
(k) R
EDUCING OR ELIMINATING LOCAL PARKING REQUIREMENTS
8
FOR AFFORDABLE HOUSING;9
(l) M
AKING A COMMITMENT TO AND REMAINING ELIGIBLE FOR THE
10
STATEWIDE AFFORDABLE HOUSING FUND CREATED IN SECTION 29-32-10211
(1);12
(m) A
DOPTING A POLICY THAT RESULTS IN NON -CONSTRUCTION
13
SOLUTIONS TO INCREASE AFFORDABLE HOUSING , INCLUDING THE:14
(I) A
CQUISITION OF DEED RESTRICTIONS ON EXISTING
15
MARKET-RATE HOUSING UNITS;16
(II) P
RESERVATION OF EXISTING DEED RESTRICTIONS ; OR
17
(III) P
ROGRAMS TO DISINCENTIVE THE USE OF HOMES AS
18
NON-PRIMARY RESIDENCES;19
(n) A
DOPTING A REGIONAL HOUSING NEEDS PLAN WITH
20
MULTI-JURISDICTIONAL COMMITMENTS TO MEET IDENTIFIED HOUSING21
TARGETS TO INCREASE THE SUPPLY OF AFFORDABLE HOUSING ;22
(o) T
HE PRIORITIZED APPLICATION OF MIDDLE HOUSING , KEY
23
CORRIDOR, AND TRANSIT -ORIENTED AREA DENSITIES IN THE24
MUNICIPALITY'S HIGHEST INCOME CENSUS TRACTS;25
(p) T
HE ESTABLISHMENT OF POLICIES TO ALIGN INFRASTRUCTURE
26
STRATEGIES WITH THE NEEDS IDENTIFIED IN THE RELEVANT LOCAL27
213
-54- HOUSING NEEDS ASSESSMENT . THESE POLICIES MAY INCLUDE THE1
PRIORITIZATION OF UTILITIES AND AVAILABLE AND USABLE WATER RIGHTS ,2
OR COST EXEMPTIONS AND DISCOUNTS , FOR REGULATED AFFORDABLE3
HOUSING THAT MEETS NEEDS IDENTIFIED IN THE RELEVANT LOCAL4
HOUSING NEEDS ASSESSMENT ;5
(q) A
DOPTING A STRATEGY PROPOSED BY EITHER A LOCAL
6
GOVERNMENT OR THE MULTI -AGENCY ADVISORY COMMITTEE , AND THAT7
IS APPROVED BY THE DEPARTMENT OF LOCAL AFFAIRS , THAT SUPPORTS8
EQUAL OR GREATER HOUSING AFFORDABILITY CONSISTENT WITH THE9
NEEDS IDENTIFIED IN THE RELEVANT LOCAL HOUSING NEEDS ASSESSMENT ;10
AND11
(r) A
DOPTING A POLICY OR REGULATORY TOOL THAT INCENTIVIZES
12
THE PROMOTION OF AFFORDABLE HOUSING DEVELOPMENT AS IDENTIFIED13
IN SECTION 24-32-130 (3).14
(3) T
HE LONG-TERM AFFORDABILITY STRATEGIES INCLUDED IN THE
15
MENU OF AFFORDABILITY STRATEGIES FOR A RURAL RESORT JOB CENTER16
MUNICIPALITY MUST INCLUDE THE FOLLOWING :17
(a) T
HE ESTABLISHMENT OF A DEDICATED LOCAL REVENUE SOURCE
18
FOR REGULATED AFFORDABLE HOUSING DEVELOPMENT , SUCH AS19
INSTITUTING A LINKAGE FEE ON NEW DEVELOPMENTS ;20
(b) T
HE REGULATION OF SHORT-TERM RENTALS, SECOND HOMES,
21
OR OTHER VACANT UNITS IN A WAY THAT PROMOTES THE MAXIMUM USE22
OF LOCAL HOUSING STOCK FOR LOCAL HOUSING NEEDS AS DETERMINED23
THROUGH A HOUSING NEEDS ASSESSMENT . THIS REGULATION MAY24
INCLUDE EXACTING A VACANCY FEE ON UNDERUTILIZED UNITS .25
(c) M
AKING COMMITMENT TO AND REMAINING ELIGIBLE FOR THE
26
STATE AFFORDABLE HOUSING FUND CREATED IN SECTION 29-32-102 (1);27
213
-55- (d) THE ESTABLISHMENT OF AN AFFORDABLE HOMEOWNERSHIP1
STRATEGY SUCH AS:2
(I) T
HE ACQUISITION OF PRESERVATION OF DEED RESTRICTIONS ON
3
CURRENT HOUSING UNITS;4
(II) T
HE ESTABLISHMENT OF AN INCENTIVE PROGRAM TO
5
ENCOURAGE REALTORS TO WORK WITH PROSPECTIVE LOW -INCOME AND6
MINORITY HOMEBUYERS ; OR7
(III) T
HE ESTABLISHMENT OF AN AFFORDABLE RENT -TO-OWN
8
PROGRAM;9
(e) P
RIORITIZING THE USE OF MUNICIPALLY OWNED DEVELOPABLE
10
LAND FOR AFFORDABLE HOUSING DEVELOPMENT , INCLUDING11
AFFORDABILITY DEED RESTRICTIONS OF AT LEAST SEVENTY -FIVE YEARS;12
(f) I
NCENTIVIZING OR CREATING A DEDICATED LOCAL PROGRAM TO
13
FACILITATE INVESTMENT IN LAND BANKING OR COMMUNITY L AND TRUSTS ;14
AND15
(g) P
RESERVING AFFORDABILITY OF BOTH REGULATED AND
16
UNREGULATED HOUSING THR OUGH INTERVENTIONS SUCH AS CAPITAL17
INVESTMENTS IN PROPERTY RESTORATION OR REHABILITATION , LOCAL18
RIGHT OF FIRST REFUSAL PROGRAMS , OR PROGRAMS THAT TRANSITION19
EXISTING HOUSING STOCK TO REGULATED AFFORDABLE HOUSING . 20
(4) (a) R
URAL RESORT JOB CENTER MUNICIPALITIES MAY ADOPT AT
21
LEAST FIVE OF THE AFFORDABILITY STRATEGIES LISTED IN SUBSECTION (2)22
OF THIS SECTION AND MUST SUBMIT A REPORT DETAILING THESE23
STRATEGIES TO THE DEPARTMENT OF LOCAL AFFAIRS NO LATER THAN24
D
ECEMBER 31, 2026. IN DETERMINING WHICH STRATEGIES TO ADOPT , A
25
RURAL RESORT JOB CENTER MUNICIPALITY SHALL CONSIDER PREVIOUS26
PLANS ADDRESSING HOUSING NEEDS OR OTHER AVAILABLE DATA TO27
213
-56- INFORM THE SELECTION OF STRATEGIES TO ADDRESS KNOWN HOUSING1
NEEDS.2
(b) N
OTWITHSTANDING SUBSECTION (4)(a) OF THIS SECTION, A
3
RURAL RESORT JOB CENTER MUNICIPALITY MUST ADOPT AT LEAST TWO4
STRATEGIES FROM THE LIST OF AFFORDABLE DEVELOPMENT STRATEGIES5
IN SUBSECTION (2) OF THIS SECTION AND AT LEAST ONE STRATEGY FROM6
THE LIST OF LONG-TERM AFFORDABILITY STRATEGIES IN SUBSECTION (3)7
OF THIS SECTION.8
(c) N
OTWITHSTANDING SUBSECTION (4)(a) OF THIS SECTION, A
9
RURAL RESORT JOB CENTER MUNICIPALITY MAY SUBMIT EVIDENCE TO THE10
DEPARTMENT OF LOCAL AFFAIRS CONCERNING AFFORDABILITY11
STRATEGIES THAT THE MUNICIPALITY HAS ADOPTED OUTSIDE OF THOSE12
LISTED IN THIS SECTION, OR THAT THE MUNICIPALITY ADOPTED PRIOR TO13
THE EFFECTIVE DATE OF THIS SECTION , AND THE IMPACT OF THOSE14
STRATEGIES. THE DEPARTMENT MAY DETERMINE WHETHER THOSE15
STRATEGIES QUALIFY AS AFFORDABILITY STRATEGIES FOR PURPOSES OF16
SUBSECTION (4)(a) OF THIS SECTION.17
(5) Regional housing needs planning process. (a) (I) A
COUNTY
18
OR MUNICIPALITY WITHIN A REGION DEFINED IN THE REGIONAL HOUSING19
NEEDS ASSESSMENT MAY PARTICIPATE IN A REGIONAL HOUSING NEEDS20
PLANNING PROCESS.21
(II) T
HE COUNTIES OR MUNICIPALITIES THAT PARTICIPATE IN A
22
PLANNING PROCESS:23
(A) M
AY UTILIZE DATA AND INFORMATION FROM A RURAL RESORT
24
REGIONAL HOUSING NEEDS ASSESSMENT THAT IS NO MORE THAN FIVE25
YEARS OLD TO INFORM THEIR PARTICIPATION IN THE PLANNING PROCESS ;26
(B) A
RE ENCOURAGED TO INCORPORATE STRATEGIC GROWTH
27
213
-57- OBJECTIVES AS DEFINED IN SECTION 29-33-108 IN THE PLANNING PROCESS;1
AND2
(C) A
RE ENCOURAGED TO IDENTIFY STRATEGIES THAT ADDRESS
3
THE HOUSING NEEDS IDENTIFIED IN LOCAL HOUSING NEEDS ASSESSMENTS4
THROUGH THE ADOPTION OF INTERJURISDICTIONAL STRATEGIES AND5
AFFORDABILITY STRATEGIES FROM THE MENU IN SUBSECTION (2) OF THIS6
SECTION.7
(III) I
F NO EXISTING REGIONAL PLAN EXISTS, A GROUP OF COUNTIES
8
OR MUNICIPALITIES MAY REQUEST THAT THE RURAL RESORT AREA9
SUBCOMMITTEE CREATED IN SECTION 29-33-103 (8) FACILITATE THE10
CREATION OF A REGIONAL PLANNING PROCESS .11
(IV) A
REGIONAL HOUSING NEEDS PLANNING PROCESS MAY BE LED
12
BY A REGIONAL ENTITY AND MUST ENCOURAGE PARTICIPATING COUNTIES13
AND MUNICIPALITIES TO IDENTIFY STRATEGIES THAT IMPROVE14
COORDINATION BETWEEN ENTITIES TO MEET THE HOUSING NEEDS15
IDENTIFIED FOR THOSE LOCAL GOVERNMENTS IN THE REGI ONAL AND16
LOCAL HOUSING NEEDS ASSESSMENTS .17
(V) B
Y DECEMBER 31, 2024, THE RURAL RESORT AREA
18
SUBCOMMITTEE CREATED IN SECTION 29-33-103 (8) SHALL ISSUE A REPORT19
TO THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS ON20
THE STATUS, OPPORTUNITIES, AND CHALLENGES OF REGIONAL PLANNING21
IN THE RURAL RESORT REGIONS, INCLUDING THE CONNECTION BETWEEN22
HOUSING AND TRANSPORTATION AND REGIONAL EQUITY IN REGARDS TO23
COMMUNITIES THAT HOUSE THE WORKFORCE AND THOSE THAT ARE RURAL24
RESORT JOB CENTER MUNICIPALITIES.25
(b) (I) N
O LATER THAN DECEMBER 31, 2026, AND EVERY SIX
26
YEARS THEREAFTER, A RURAL RESORT JOB CENTER MUNICIPALITY SHALL27
213
-58- DEVELOP, ADOPT, AND SUBMIT TO THE DEPARTMENT OF LOCAL AFFAIRS A1
HOUSING NEEDS PLAN. THE HOUSING NEEDS PLAN MUST INCLUDE THE2
FOLLOWING:3
(A) A
NARRATIVE DESCRIPTION OF THE STAKEHOLDER
4
ENGAGEMENT CONDUCTED DURING THE DEVELOPMENT OF THE HOUSING5
NEEDS PLAN;6
(B) A
N ANALYSIS OF HOW THE RURAL RESORT JOB CENTER
7
MUNICIPALITY WILL ADDRESS LOCAL HOUSING NEEDS AS IDENTIFIED FROM8
A REGIONAL HOUSING ASSESSMENT , AND THE LOCAL HOUSING NEEDS9
ASSESSMENT, INCLUDING DEMONSTRATED HOUSING NEEDS FOR PERSONS10
OF DIFFERENT INCOME LEVELS, OVER THE NEXT TWENTY YEARS WITH AN11
EQUITABLE DISTRIBUTION OF HOUSING WITHIN THE MUNICIPALITY ;12
(C) A
NARRATIVE ANALYSIS OF ANY AREA AT ELEVATED RISK OF
13
RESIDENTIAL DISPLACEMENT THAT THE RURAL RESORT JOB CENTER14
MUNICIPALITY HAS IDENTIFIED , AT THE DISCRETION OF EACH15
MUNICIPALITY, AND A DESCRIPTION OF AN IMPLEMENTATION PLAN FOR16
ANY DISPLACEMENT MITIGATION MEASURES THAT THE RURAL RESORT JOB17
CENTER HAS CONSIDERED AS OPTIONS AND DECIDED TO USE , AT THE18
DISCRETION OF EACH MUNICIPALITY , TO MITIGATE IDENTIFIED19
DISPLACEMENT RISKS IN THESE AREAS;20
(D) A
DEFINITION OF AFFORDABILITY IN ADDRESSING HOUSING
21
NEEDS, INCLUDING WORKFORCE HOUSING . THIS DEFINITION MUST BE22
BASED ON THE HOUSING NEEDS ASSESSMENT AND INCLUDE RELEVANT23
AREA MEDIAN INCOME CLASSIFICATIONS , AND MAY INCLUDE INCOME24
LEVELS OF ALL FULL-TIME RESIDENTS WHOSE HOUSING NEEDS ARE NOT25
MET. IF THE RURAL RESORT JOB CENTER MUNICIPALITY HAS A PREEXISTING26
DEFINITION OF AFFORDABILITY THAT IS SUPPORTED BY THE OUTCOMES OF27
213
-59- THE MOST RECENT HOUSING NEEDS ASSESSMENT , THEN IT MAY RELY ON1
AND REPORT THAT DEFINITION; AND2
(E) A
N IMPLEMENTATION PLAN THAT DESCRIBES HOW THE RURAL
3
RESORT JOB CENTER MUNICIPALITY WILL COMPLY WITH ANY SELECTED4
AFFORDABILITY STRATEGIES FROM SECTION 29-33-111 (2).5
(II) B
EFORE ADOPTING AND SUBMITTING A HOUSING NEEDS PLAN ,
6
A RURAL RESORT JOB CENTER MUNICIPALITY SHALL PUBLISH THE MOST7
RECENT DRAFT OF ITS HOUSING NEEDS PLAN AND PROVIDE NOTICE OF A8
PUBLIC COMMENT PERIOD FOR THE RECEIPT OF WRITTEN COMMENTS9
CONCERNING THE PLAN. THE RURAL RESORT JOB CENTER MUNICIPALITY10
MAY ALSO CHOOSE TO HOLD A PUBLIC HEARING ON THE PLAN .11
(III) T
HE DEPARTMENT OF LOCAL AFFAIRS SHALL POST THE
12
HOUSING NEEDS PLANS SUBMITTED BY RURAL RESORT JOB CENTER13
MUNICIPALITIES PUBLICLY ON THE DEPARTMENT OF LOCAL AFFAIRS14
WEBSITE.15
29-33-112. Water supply forecast. (1) N
O LATER THAN JUNE 30,
16
2025,
THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS
17
IN CONSULTATION WITH THE COLORADO WATER CONSERVATION BOARD18
SHALL SUBMIT A JOINT REPORT TO THE GENERAL ASSEMBLY CONFORMING19
TO THE COLORADO WATER PLAN AND BASIN IMPLEMENTATION PLANS20
ADOPTED IN JANUARY 2023 THAT ASSESSES:21
(a) T
HE AVAILABILITY AND SUFFICIENCY OF WATER SUPPLIES IN
22
COUNTIES TO PROVIDE FOR ANTICIPATED GROWTH AND DEVELOPMENT ;23
(b) A
FRAMEWORK TO GUIDE INVESTMENTS IN DEVELOPMENT AND
24
CONSERVATION; AND25
(c) A
RANGE OF POLICY OPTIONS TO MAXIMIZE EFFICIENCY OF
26
EXISTING WATER SUPPLY AND IDENTIFY IMPACTS OF FUTURE27
213
-60- DEVELOPMENT.1
(2) T
HE DIRECTOR SHALL CONSULT WATER PROVIDERS AND
2
PUBLISHED WATER SUPPLY MASTER PLANS IN THE PREPARATION OF THE3
REPORT.4
29-33-113. Technical assistance - housing plans assistance5
fund - definition. (1) T
HE DIVISION OF LOCAL GOVERNMENT WITHIN THE
6
DEPARTMENT OF LOCAL AFFAIRS SHALL PROVIDE TECHNICAL ASSISTANCE7
MATERIALS, BRIEFINGS, CONSULTING SERVICES, TEMPLATES, TOOLS,8
TRAININGS, WEBINARS, OR OTHER GUIDANCE TO AID LOCAL GOVERNMENTS9
AND METROPOLITAN PLANNING ORGANIZATIONS IN UPDATING LOCAL LAWS10
AND OTHERWISE COMPLYING WITH THIS ARTICLE 33.11
(2) T
O ASSIST LOCAL GOVERNMENTS IN COMPLYING WITH THIS
12
ARTICLE 33, THE DIVISION OF LOCAL GOVERNMENT WITHIN THE13
DEPARTMENT OF LOCAL AFFAIRS , WITH THE SUPPORT OF THE14
MULTI-AGENCY GROUP, SHALL PROVIDE TECHNICAL ASSISTANCE FUNDING15
THROUGH EITHER A GRANT PROGRAM OR THE PROVISION OF CONSULTANT16
SERVICES THROUGH SUBJECT JURISDICTIONS OR BOTH A GRANT PROGRAM17
AND PROVISION OF CONSULTANT SERVICES . THE DIVISION OF LOCAL18
GOVERNMENT MAY ALSO PROVIDE TECHNICAL ASSISTANCE FUNDING19
THROUGH A METROPOLITAN PLANNING ORGANIZATION , COUNTY, OR OTHER20
REGIONAL ENTITY. BEGINNING JANUARY 1, 2026, AND EVERY YEAR21
THEREAFTER, THE DEPARTMENT OF LOCAL AFFAIRS SHALL PROVIDE A22
REPORT ON THE ASSISTANCE REQUESTED BY LOCAL GOVERNMENTS23
PURSUANT TO THIS SECTION, WHETHER OR NOT ADEQUATE STATE FUNDING24
IS AVAILABLE TO MEET THE ASSISTANCE REQUESTED BY LOCAL25
GOVERNMENTS, AND ANY ADDITIONAL RESOURCES THAT LOCAL26
GOVERNMENTS HAVE IDENTIFIED THAT WOULD HELP COMPLETE ADVISORY27
213
-61- HOUSING NEEDS PLANS.1
(3) (a) T
HE HOUSING PLANS ASSISTANCE FUND IS CREATED IN THE
2
STATE TREASURY. THE FUND CONSISTS OF ANY MONEY THAT THE GENERAL3
ASSEMBLY MAY TRANSFER OR APPROPRIATE TO THE FUND FOR4
IMPLEMENTATION OF THE GRANT PROGRAM , AND GIFTS, GRANTS, OR5
DONATIONS CREDITED TO THE FUND. THE STATE TREASURER SHALL CREDIT6
ALL INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT7
OF MONEY IN THE HOUSING PLANS ASSISTANCE CASH FUND TO THE FUND .8
(b) S
UBJECT TO ANNUAL APPROPRIATION BY THE GENERAL
9
ASSEMBLY, THE DEPARTMENT OF LOCAL AFFAIRS MAY EXPEND MONEY10
FROM THE FUND FOR THE PURPOSES OF PROVIDING TECHNICAL ASSISTANCE11
AND IMPLEMENTING A GRANT PROGRAM PURSUANT TO SUBSECTIONS (1)12
AND (2) OF THIS SECTION.13
29-33-114. Reporting requirements. (1) (a) N
O LATER THAN
14
D
ECEMBER 31, 2025, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF
15
LOCAL AFFAIRS SHALL DEVELOP REPORTING GUIDANCE AND TEMPLATES16
FOR RURAL RESORT JOB CENTER MUNICIPALITIES AND URBAN17
MUNICIPALITIES.18
(b) T
HE MULTI-AGENCY ADVISORY COMMITTEE SHALL , AS PART OF
19
THE PUBLIC COMMENT AND HEARING PROCESS ESTABLISHED IN SECTION20
29-33-109 (2),
PROVIDE RECOMMENDATIONS TO THE EXECUTIVE DIRECTOR
21
OF THE DEPARTMENT OF LOCAL AFFAIRS CONCERNING THE DEVELOPMENT22
OF REPORTING GUIDANCE AND TEMPLATES FOR RURAL RESORT JOB CENTER23
MUNICIPALITIES AND URBAN MUNICIPALITIES .24
(2) A
T A MINIMUM, RURAL RESORT JOB CENTER MUNICIPALITIES
25
AND URBAN MUNICIPALITIES SHALL REPORT , NO LATER THAN DECEMBER26
31,
2026, AND NO LATER THAN DECEMBER 31 OF EACH YEAR THEREAFTER,
27
213
-62- IN A FORM AND MANNER DETERMINED BY THE DEPARTMENT OF LOCAL1
AFFAIRS, THE FOLLOWING HOUSING DATA FOR THE PREVIOUS CALENDAR2
YEAR TO THE DEPARTMENT OF LOCAL AFFAIRS :3
(a) T
HE NUMBER OF PERMITS ISSUED BY EACH OF THE CATEGORIES
4
WITHIN THE HOUSING NEEDS ASSESSMENT OF A MUNICIPALITY OR RURAL5
RESORT JOB CENTER, INCLUDING, BUT NOT LIMITED TO, BY INCOME, BY6
HOME OWNERSHIP VERSUS RENTAL , BY REGULATED AFFORDABLE HOUSING ,7
AND BY NUMBER OF BEDROOMS ;8
(b) T
HE NUMBER OF PERMITS THAT THE MUNICIPALITY ISSUED FOR
9
NEW HOUSING UNITS CATEGORIZED BY THE NUMBER OF UNITS IN EACH10
STRUCTURE TYPE AND INCOME LEVEL ;11
(c) T
HE NUMBER OF NEW HOUSING UNITS CATEGORIZED BY THE
12
NUMBER OF UNITS IN EACH STRUCTURE TYPE , IN THE MUNICIPALITY ON13
WHICH CONSTRUCTION HAS BEGUN ;14
(d) T
IMEFRAMES TO COMPLETE RESIDENTIAL PERMIT REVIEWS BY
15
HOUSING TYPE;16
(e) W
ORKFORCE ASSIGNED TO DEVELOPMENT REVIEW BY POSITION
17
TYPE;18
(f) T
HE IMPLEMENTATION STATUS OF THE STRATEGIES IDENTIFIED
19
IN THE MUNICIPALITY'S HOUSING NEEDS PLAN;20
(g) T
HE NUMBER OF DWELLING UNIT PERMITS FOR
21
TRANSIT-ORIENTED COMMUNITIES.22
(h) Z
ONING INFORMATION THAT MAY INCLUDE GEOSPATIAL DATA
23
SPECIFYING ZONING DISTRICTS, ALLOWED USES AND DENSITIES , AND24
OTHER DATA IN A STANDARD FORMAT ; AND25
(i) T
HE NUMBER OF INTERGOVERNMENTAL AGREEMENTS THAT THE
26
MUNICIPALITY HAS ENTERED INTO TO ADDRESS ITS LOCAL AND REGIONAL27
213
-63- HOUSING NEEDS ASSESSMENTS AND A DESCRIPTION OF THESE1
AGREEMENTS.2
(3) U
PON RECEIVING THE REPORTS FROM THE RURAL RESORT JOB
3
CENTER MUNICIPALITIES AND URBAN MUNICIPALITIES PURSUANT TO4
SUBSECTION (2) OF THIS SECTION, THE DEPARTMENT OF LOCAL AFFAIRS5
SHALL PUBLISH AN ANALYSIS ON A PUBLICLY AVAILABLE DASHBOARD6
THAT INCLUDES ALL OF THE INFORMATION IN THE REPORTS .7
29-33-115. Compliance. N
O LATER THAN JUNE 30, 2027, THE
8
DEPARTMENT OF LOCAL AFFAIRS SHALL CONDUCT A COMPLIANCE REVIEW9
AND APPROVE HOUSING NEEDS PLANS OR PROVIDE FEEDBACK TO RURAL10
RESORT JOB CENTER MUNICIPALITIES AND URBAN MUNICIPALITIES AS11
NEEDED. THE SUBMISSION OF A COMPLIANT HOUSING NEEDS PLAN MUST BE12
CONSIDERED IN THE DEVELOPMENT OF STRATEGIC GROWTH OBJECTIVES .13
29-33-116. Statewide summit. (1) N
O LATER THAN APRIL 15,
14
2024,
THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS ,
15
ALONG WITH A MEMBERSHIP ASSOCIATION OF MUNICIPALITIES , A16
MEMBERSHIP ASSOCIATION OF COUNTIES , AND A MEMBERSHIP17
ASSOCIATION OF SPECIAL DISTRICTS, SHALL HOLD BOTH A STATEWIDE18
SUMMIT AND AT LEAST SIX REGIONAL MEETINGS THROUGHOUT THE STATE .19
(2) P
ARTICIPANTS AT THE SUMMIT AND REGIONAL MEETINGS
20
SHALL:21
(a) D
ISCUSS THE ISSUES OF LAND USE, HOUSING AVAILABILITY AND
22
AFFORDABILITY, WATER AVAILABILITY, AND TRANSPORTATION; AND23
(b) D
EVELOP REGIONAL AND STATEWIDE SOLUTIONS FOR
24
ADDRESSING THE ISSUES DISCUSSED AT THE SUMMIT AND REGIONAL25
MEETINGS PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION.26
(3) N
O LATER THAN SEPTEMBER 15, 2024, THE EXECUTIVE
27
213
-64- DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS SHALL REPORT ON THE1
RESULTS OF THE SUMMIT AND REGIONAL MEETINGS TO THE SENATE LOCAL2
GOVERNMENT AND HOUSING COMMI TTEE AND THE HOUSE OF3
REPRESENTATIVES TRANSPORTATION , HOUSING, AND LOCAL GOVERNMENT4
COMMITTEE, OR THEIR SUCCESSOR COMMITTEES .5
(4) A
T LEAST FOUR OF THE REGIONAL MEETINGS MUST BE HELD
6
OUTSIDE OF THE DENVER REGIONAL COUNCIL OF GOVERNMENTS ' AREA.7
(5) T
HE SUMMIT AND REGIONAL MEETINGS MUST INCLUDE
8
REPRESENTATIVES FROM:9
(a) L
OCAL GOVERNMENTS;
10
(b) C
HAMBERS OF COMMERCE ;
11
(c) A
FFORDABLE HOUSING GROUPS ;
12
(d) I
NFRASTRUCTURE AND SERVICE PROVIDERS ;
13
(e) W
ATER PROVIDERS;
14
(f) T
HE AGRICULTURAL SECTOR;
15
(g) H
OMEBUILDERS;
16
(h) E
NVIRONMENTAL GROUPS ;
17
(i) E
CONOMIC DEVELOPMENT PROFESSIONALS ;
18
(j) T
RANSPORTATION EXPERTS;
19
(k) T
RIBAL GOVERNMENTS; AND
20
(l) O
THER STAKEHOLDERS AS NECESSARY TO PROVIDE DIVERSE
21
PERSPECTIVES ON THE ISSUES DISCUSSED AT THE SUMMIT AND REGIONAL22
MEETINGS PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION.23
29-33-117. Legislative oversight committee concerning24
affordable housing and homelessness - creation - duties. (1) Creation.25
(a) T
HERE IS CREATED A LEGISLATIVE OVERSIGHT COMMITTEE
26
CONCERNING AFFORDABLE HOUSING AND HOMELESSNESS , WHICH IS27
213
-65- REFERRED TO IN THIS SECTION AS THE "COMMITTEE".1
(b) T
HE COMMITTEE CONSISTS OF SIX MEMBERS AS FOLLOWS :
2
(I) T
HE PRESIDENT OF THE SENATE SHALL APPOINT TWO SENATORS
3
TO SERVE ON THE COMMITTEE, AND THE MINORITY LEADER OF THE SENATE4
SHALL APPOINT ONE SENATOR TO SERVE ON THE COMMITTEE ; AND5
(II) T
HE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL
6
APPOINT THREE REPRESENTATIVES TO SERVE ON THE COMMITTEE , NO7
MORE THAN TWO OF WHOM ARE MEMBERS OF THE SAME POLITICAL PARTY .8
(c) A
S SOON AS PRACTICABLE AFTER THE CONVENING DATE OF THE
9
SECOND REGULAR SESSION OF THE SEVENTY -FOURTH GENERAL ASSEMBLY ,10
BUT NO LATER THAN THE END OF THE LEGISLATIVE SESSION , THE SPEAKER,11
THE PRESIDENT, AND THE MINORITY LEADER OF THE SENATE SHALL EACH12
APPOINT MEMBERS TO THE CO MMITTEE PURSUANT TO SUBSECTION (1)(b)13
OF THIS SECTION. THEREAFTER, THE TERMS OF MEMBERS APPOINTED OR14
REAPPOINTED BY THE SPEAKER , THE PRESIDENT, AND THE MINORITY15
LEADER OF THE SENATE EXPIRE ON THE CONVENING DATE OF THE FIRST16
REGULAR SESSION OF THE NEXT GENERAL ASSEMBLY , AND ALL17
SUBSEQUENT APPOINTMENTS AND REAPPOINTMENTS BY THE SPEAKER , THE18
PRESIDENT, AND THE MINORITY LEADER OF THE SENATE MUST BE MADE AS19
SOON AS PRACTICABLE AFTER THE CONVENING DATE , BUT NO LATER THAN20
THE END OF THE LEGISLATIVE SESSION.21
(d) T
HE PERSON MAKING THE ORIGINAL APPOINTMENT OR
22
REAPPOINTMENT SHALL FILL ANY VACANCY BY APPOINTMENT FOR THE23
REMAINDER OF AN UNEXPIRED TERM . MEMBERS APPOINTED OR24
REAPPOINTED SERVE AT THE PLEASURE OF THE APPOINTING AUTHORITY25
AND CONTINUE IN OFFICE UNTIL THE MEMBER 'S SUCCESSOR IS APPOINTED.26
(e) T
HE PRESIDENT OF THE SENATE SHALL SELECT THE FIRST CHAIR
27
213
-66- OF THE COMMITTEE , AND THE SPEAKER OF THE HOUSE OF1
REPRESENTATIVES SHALL SELECT THE FIRST VICE -CHAIR. THE CHAIR AND2
VICE-CHAIR SHALL ALTERNATE ANNUALLY THEREAFTER BETWEEN THE3
TWO HOUSES.4
(f) T
HE CHAIR AND VICE -CHAIR OF THE COMMITTEE MAY
5
ESTABLISH ORGANIZATIONAL AND PROCEDURAL RULES AS ARE NECESSARY6
FOR THE OPERATION OF THE COMMITTEE AND , IN COLLABORATION WITH7
THE TASK FORCE CONCERNING AFFORDABLE HOUSING AND HOMELESSNESS8
CREATED IN SECTION 29-33-117, GUIDELINES AND EXPECTATIONS FOR9
ONGOING COLLABORATION WITH THE TASK FORCE .10
(g) (I) M
EMBERS OF THE COMMITTEE MAY RECEIVE PAYMENT OF
11
PER DIEM AND REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES12
AUTHORIZED PURSUANT TO SECTION 2-2-307.13
(II) T
HE DIRECTOR OF RESEARCH OF THE LEGISLATIVE COUNCIL
14
AND THE DIRECTOR OF THE OFFICE OF LEGISLATIVE LEGAL SERVICES SHALL15
SUPPLY STAFF ASSISTANCE TO THE COMMITTEE AS THEY DEEM16
APPROPRIATE, WITHIN EXISTING APPROPRIATIONS.17
(2) Duties. (a) (I) T
HE COMMITTEE SHALL MEET AT LEAST THREE ,
18
BUT NO MORE THAN SIX, TIMES EACH YEAR AND AT SUCH OTHER TIMES AS19
IT DEEMS NECESSARY. ALL MEETINGS OF THE COMMITTEE ARE OPEN TO20
THE PUBLIC AND MUST BE RECORDED .21
(II) E
ACH COMMITTEE MEMBER SHALL ANNUALLY EITHER ATTEND
22
OR CALL INTO AT LEAST ONE REGULAR TASK FORCE CONCERNING23
AFFORDABLE HOUSING AND HOMELESSNESS MEETING . COMMITTEE24
MEMBERS ARE ENCOURAGED TO ATTEND SEPARATE MEETINGS AND INFORM25
THE REST OF THE COMMITTEE ABOUT THE CURRENT WORK OF THE TASK26
FORCE.27
213
-67- (b) THE COMMITTEE IS RESPONSIBLE FOR THE OVERSIGHT OF THE1
TASK FORCE CONCERNING AFFORDABLE HOUSING AND HOMELESSNESS2
CREATED IN SECTION 29-33-117, AND SHALL SUBMIT ANNUAL REPORTS3
PURSUANT TO SUBSECTION (2)(c) OF THIS SECTION TO THE GENERAL4
ASSEMBLY REGARDING THE TASK FORCE 'S FINDINGS AND5
RECOMMENDATIONS . IN ADDITION, THE COMMITTEE MAY RECOMMEND6
LEGISLATIVE CHANGES THAT ARE TREATED AS BILLS RECOMMENDED BY7
AN INTERIM LEGISLATIVE COMMITTEE FOR PURPOSES OF ANY8
INTRODUCTION DEADLINES OR BILL LIMITATIONS IMPOSED BY THE JOINT9
RULES OF THE GENERAL ASSEMBLY .10
(c) (I) O
N OR BEFORE JANUARY 15 OF EACH YEAR, THE COMMITTEE
11
IS REQUIRED TO SUBMIT A REPORT TO THE GENERAL ASSEMBLY AND MAKE12
SUCH REPORT PUBLICLY AVAILABLE ON ITS WEBSITE ; HOWEVER, DURING13
ANY INTERIM IN WHICH THE GENERAL ASSEMBLY HAS SUSPENDED INTERIM14
COMMITTEE ACTIVITIES, THE COMMITTEE IS NOT REQUIRED TO SUBMIT15
SUCH A REPORT. THE ANNUAL REPORT MUST BRIEFLY SUMMARIZE THE16
STUDY ISSUES, RECOMMENDATIONS CONSIDERED , AND ANY ACTIONS17
TAKEN BY THE COMMITTEE AND THE TASK FORCE DURING THE PREVIOUS18
YEAR.19
(II) T
HE REPORT MUST COMPLY WITH THE PROVISIONS OF SECTION
20
24-1-117
(9). NOTWITHSTANDING SECTION 24-1-117 (11)(a)(I), THE
21
REQUIREMENT IN THIS SECTION TO REPORT TO THE GENERAL ASSEMBLY22
CONTINUES INDEFINITELY.23
(d) A
S NECESSARY, THE COMMITTEE MAY REQUEST PUBLIC
24
TESTIMONY AND TESTIMONY AND REPORTS FROM STATE AGENCIES .25
(3) T
HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2027.
26
B
EFORE THE REPEAL, THIS SECTION IS SCHEDULED FOR REVIEW , ALONG
27
213
-68- WITH SECTION 29-33-117, IN ACCORDANCE WITH SECTION 24-34-104.1
29-33-118. Task force concerning affordable housing and2
homelessness - creation - membership - duties. (1) Creation. T
HERE
3
IS CREATED A TASK FORCE CONCERNING AFFORDABLE HOUSING AND4
HOMELESSNESS, WHICH IS REFERRED TO IN THIS SECTION AS THE "TASK5
FORCE". THE TASK FORCE CONSISTS OF TWENTY-FIVE MEMBERS APPOINTED6
AS PROVIDED IN SUBSECTION (2) OF THIS SECTION AND ANY STAFF SUPPORT7
AS PROVIDED FOR IN SECTION 29-33-116.8
(2) Membership - terms. (a) T
HE FOLLOWING NINE MEMBERS
9
MUST BE APPOINTED ON OR BEFORE AUGUST 1, 2024:10
(I) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL
11
AFFAIRS SHALL APPOINT ONE MEMBER TO REPRESENT THE DIVISION OF12
HOUSING;13
(II) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL
14
AFFAIRS SHALL APPOINT ONE MEMBER TO REPRESENT THE DIVISION OF15
HOUSING'S OFFICE OF HOMELESSNESS INITIATIVES;16
(III) T
HE EXECUTIVE DIRECTOR OF THE COLORADO HOUSING AND
17
FINANCE AUTHORITY SHALL APPOINT ONE MEMBER TO REPRESENT THE18
AUTHORITY;19
(IV) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HEALTH
20
CARE POLICY AND FINANCING SHALL APPOINT ONE MEMBER TO REPRESENT21
THE DEPARTMENT;22
(V) T
HE COMMISSIONER OF THE BEHAVIORAL HEALTH
23
ADMINISTRATION SHALL APPOINT ONE MEMBER REPRESENTING THE24
BEHAVIORAL HEALTH ADMINISTRATION ;25
(VI) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF
26
CORRECTIONS SHALL APPOINT ONE MEMBER TO REPRESENT THE27
213
-69- DEPARTMENT;1
(VII) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF
2
EDUCATION SHALL APPOINT ONE MEMBER TO REPRESENT THE3
DEPARTMENT;4
(VIII) T
HE GOVERNOR SHALL APPOINT ONE MEMBER TO REPRESENT
5
EITHER THE DEPARTMENT OF LABOR AND EMPLOYMENT OR THE6
DEPARTMENT OF HUMAN SERVICES ; AND7
(IX) T
HE GOVERNOR SHALL APPOINT ONE MEMBER TO REPRESENT
8
EITHER THE COLORADO ENERGY OFFICE OR THE OFFICE OF ECONOMIC9
DEVELOPMENT AND INTERNATIONAL TRADE .10
(b) T
HE CHAIR AND VICE-CHAIR OF THE LEGISLATIVE OVERSIGHT
11
COMMITTEE CONCERNING AFFORDABLE HOUSING AND HOMELESSNESS12
CREATED IN SECTION 29-33-116, REFERRED TO IN THIS SECTION AS THE13
"
COMMITTEE", SHALL APPOINT SIXTEEN ADDITIONAL MEMBERS .
14
C
OMMITTEE STAFF ARE RESPONSIBLE FOR PUBLICLY ANNOUNCING
15
VACANCIES FOR THE FOLLOWING POSITIONS , AND REQUESTING16
CANDIDATES SUBMIT A LETTER OF INTEREST FOR THE SPECIFIC POSITION ,17
SO THAT THE LETTERS OF INTEREST ARE DUE NO LATER THAN ONE WEEK18
AFTER THE EFFECTIVE DATE OF THIS SECTION . THE LEGISLATIVE19
OVERSIGHT COMMITTEE , BY MAJORITY VOTE , SHALL APPROVE THE20
APPOINTMENTS FOR THESE POSITIONS . THE TASK FORCE MEMBERS TO BE21
APPOINTED PURSUANT TO THIS SUBSECTION (2)(b) INCLUDE:22
(I) O
NE MEMBER WHO REPRESENTS A HOMELESS SERVICES
23
PROVIDER IN AN URBAN AREA;24
(II) O
NE MEMBER WHO REPRESENTS A HOMELESS SERVICES
25
PROVIDER IN A RURAL OR RURAL RESORT AREA ;26
(III) O
NE MEMBER WHO REPRESENTS A FOR -PROFIT DEVELOPER OF
27
213
-70- AFFORDABLE RENTAL HOUSING ;1
(IV) O
NE MEMBER WHO REPRESENTS A NOT -FOR-PROFIT
2
DEVELOPER OF AFFORDABLE RENTAL HOUSING ;3
(V) O
NE MEMBER WHO REPRESENTS A FOR -PROFIT DEVELOPER OF
4
AFFORDABLE FOR-SALE HOUSING;5
(VI) O
NE MEMBER WHO REPRESENTS A NOT -FOR-PROFIT
6
DEVELOPER OF AFFORDABLE FOR -SALE HOUSING;7
(VII) O
NE MEMBER WHO REPRESENTS A PROVIDER OF SUPPORTIVE
8
HOUSING OR SUPPORTIVE SERVICES;9
(VIII) O
NE MEMBER WHO REPRESENTS AN OPERATOR OF
10
MULTIFAMILY AFFORDABLE HOUSING ;11
(IX) O
NE MEMBER FROM A LOCAL GOVERNMENT IN AN URBAN
12
AREA;13
(X) O
NE MEMBER FROM A LOCAL GOVERNMENT IN A RURAL AREA ;
14
(XI) O
NE MEMBER FROM A LOCAL GOVERNMENT IN A RURAL
15
RESORT AREA;16
(XII) O
NE MEMBER WHO REPRESENTS AN AFFORDABLE HOUSING
17
ADVOCACY ORGANIZATION ;18
(XIII) O
NE MEMBER WHO REPRESENTS EITHER A HOMELESSNESS
19
ADVOCACY ORGANIZATION OR AN ANTI -POVERTY ADVOCACY20
ORGANIZATION;21
(XIV) O
NE MEMBER WITH LIVED EXPERIENCE OF HOMELESSNESS
22
WHO IS LIVING IN PERMANENT SUPPORTIVE HOUSING AT THE TIME OF THEIR23
APPOINTMENT;24
(XV) O
NE MEMBER WHO, AT THE TIME OF THEIR APPOINTMENT, IS
25
LIVING IN AFFORDABLE RENTAL HOUSING THAT IS RESTRICTED TO EIGHTY26
PERCENT OR LESS OF AREA MEDIAN INCOME ; AND27
213
-71- (XVI) ONE MEMBER WHO, AT THE TIME OF THEIR APPOINTMENT,1
IS LIVING IN AFFORDABLE RENTAL HOUSING THAT IS RESTRICTED TO ONE2
HUNDRED AND TWENTY PERCENT OR LESS OF AREA MEDIAN INCOME .3
(c) B
EGINNING ON THE EFFECTIVE DATE OF THIS SECTION ,
4
MEMBERS APPOINTED TO THE TASK FORCE PURSUANT TO SUBSECTION5
(2)(b)
OF THIS SECTION SHALL SERVE NO MORE THAN THREE CONSECUTIVE
6
TWO-YEAR TERMS, WITH THE APPOINTING AUTHORITY 'S APPROVAL FOR7
EACH SPECIFIC TERM. WITH THE APPOINTING AUTHORITY'S APPROVAL, A8
MEMBER OF THE TASK FORCE WHO IS SERVING ON THE TASK FORCE AS OF9
THE EFFECTIVE DATE OF THIS SECTION IS CONSIDERED TO BE BEGINNING10
THE MEMBER'S FIRST TWO-YEAR TERM.11
(d) (I) A
VACANCY OCCURRING IN A POSITION THAT IS APPOINTED
12
PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION MUST BE FILLED AS13
SOON AS POSSIBLE BY THE INITIAL APPOINTING OFFICIAL. IN ADDITION, THE14
INITIAL APPOINTING OFFICIAL MAY REMOVE AND REPLACE ANY15
APPOINTMENT THE OFFICIAL MADE TO THE TASK FORCE MADE PURSUANT16
TO SUBSECTION (2)(a) OF THIS SECTION.17
(II) A
VACANCY OCCURRING IN A POSITION FILLED BY THE CHAIR
18
AND VICE-CHAIR OF THE COMMITTEE PURSUANT TO SUBSECTION (2)(b) OF19
THIS SECTION MUST BE FILLED AS SOON AS POSSIBLE BY THE CHAIR AND20
VICE-CHAIR OF THE COMMITTEE IN ACCORDANCE WITH THE LIMITATIONS21
SPECIFIED IN SUBSECTION (2)(b) OF THIS SECTION. IN ADDITION, THE CHAIR22
AND VICE-CHAIR OF THE COMMITTEE M AY REMOVE AND REPLACE ANY23
APPOINTMENT TO THE TASK FORCE MADE PURSUANT TO SUBSECTION (2)(b)24
OF THIS SECTION.25
(e) I
N MAKING APPOINTMENTS TO THE TASK FORCE , THE
26
APPOINTING AUTHORITIES SHALL ENSURE THAT THE MEMBERSHIP OF THE27
213
-72- TASK FORCE INCLUDES PERSONS WHO HAVE EXPERIENCE WITH OR1
INTEREST IN THE STUDY AREAS OF THE TASK FORCE AS SET FORTH IN2
SUBSECTION (3) OF THIS SECTION; PERSONS WHO REFLECT THE ETHNIC ,3
CULTURAL, AND GENDER DIVERSITY OF THE STATE ; PERSONS4
REPRESENTING OF ALL AREAS OF THE STATE ; AND, TO THE EXTENT5
PRACTICABLE, PERSONS WITH DISABILITIES.6
(f) (I) A
LL TASK FORCE MEMBERS ARE EXPECTED TO SEEK INPUT
7
FROM THE VARIOUS NETWORKS OR ORGANIZATIONAL STRUCTURES OF THE8
BODY THEY REPRESENT , IF ANY. EVERY APPOINTING OFFICER IS9
ENCOURAGED TO NOMINATE A REPRESENTATIVE WHO CAN PARTICIPATE IN10
MAKING TASK FORCE SUBJECT MATTER EXPERT RECOMMENDATIONS , YET11
STILL APPROPRIATELY REPRESENT THE RELEVANT STATE AGENCY .12
(II) I
N ORDER TO ADVANCE THE WORK OF THE TASK FORCE , TASK
13
FORCE MEMBERS ARE ENCOURAGED TO PARTICIPATE IN DECISION -MAKING,14
WITH THE UNDERSTANDING THAT INDIVIDUAL VOTES ON TASK FORCE15
ISSUES ARE BASED ON SUBJECT MATTER EXPERTISE AND DO NOT COMMIT16
REPRESENTATIVE AGENCIES OR ORGANIZATIONS TO ANY POSITION OR17
ACTION. TASK FORCE MEMBERS SHALL ADHERE TO ANY AGREED UPON18
PROCEDURAL RULES AND GUIDELINES .19
(g) M
EMBERS OF THE TASK FORCE SERVE WITHOUT
20
COMPENSATION. HOWEVER, MEMBERS OF THE TASK FORCE APPOINTED21
PURSUANT TO SUBSECTION (2)(b) OF THIS SECTION MAY RECEIVE22
REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES ASSOCIATED23
WITH THEIR DUTIES ON THE TASK FORCE.24
(3) Issues for study. (a) T
HE TASK FORCE SHALL TRACK THE
25
IMPLEMENTATION OF , IMPACTS OF, AND STATE EXPENDITURES26
CONCERNING THIS ARTICLE 33 AND LEGISLATION RELATED TO THE FINAL27
213
-73- REPORT OF THE AFFORDABLE HOUSING TRANSFORMATIONAL TASK FORCE1
FROM FEBRUARY 2020, AND PROPOSITION 123 AS APPROVED BY2
C
OLORADO VOTERS DURING THE 2022 GENERAL ELECTION.
3
(b) T
HE TASK FORCE SHALL EVALUATE , REVIEW, AND MAKE
4
RECOMMENDATIONS ON AFFORDABLE HOUSING AND HOMELESSNESS5
POLICIES.6
(c) I
N EVALUATING THE ISSUES SET FORTH IN SUBSECTION (3)(b)
7
OF THIS SECTION, THE TASK FORCE SHALL SPECIFICALLY CONSIDER THE8
FOLLOWING RELATED ISSUES, INCLUDING:9
(I) S
TATEWIDE HOUSING NEEDS AND GAPS AS IDENTIFIED BY THE
10
STATE, REGIONAL, AND HOUSING NEEDS ASSESSMENT REQUIRED IN11
SECTION 29-33-104, INCLUDING ANY LOCAL, REGIONAL, OR STATE PLANS12
DERIVED FROM THESE ASSESSMENTS ;13
(II) B
EST PRACTICES FOR AND BARRIERS TO AFFORDABLE HOUSING
14
PRODUCTION AND PRESERVATION INCLUDING DEVELOPMENT AND15
LONG-TERM AFFORDABILITY STRATEGIES AND DISPLACEMENT MITIGATION16
MEASURES AS DESCRIBED IN SECTIONS 29-33-106 AND 29-33-107;17
(III) B
EST PRACTICES FOR STABILIZING CURRENTLY HOUSED
18
INDIVIDUALS AT RISK OF ENTERING HOMELESSNESS ;19
(IV) S
TATEWIDE HOMELESSNESS ANALYSIS AS CONDUCTED BY A
20
CONTRACTOR SELECTED BY THE OFFICE OF HOMELESS INITIATIVES WITHIN21
THE DEPARTMENT OF LOCAL AFFAIRS ;22
(V) B
EST PRACTICES FOR RESOLVING AND PREVENTING
23
HOMELESSNESS;24
(VI) T
HE ADMINISTRATION BY THE DIVISION OF HOUSING WITHIN
25
THE DEPARTMENT OF LOCAL AFFAIRS AND THE COLORADO HOUSING AND26
FINANCE AUTHORITY OF STATE AND FEDERAL FUNDS RELATED TO27
213
-74- HOUSING;1
(VII) T
HE IMPACT OF HOUSING AND HOMELESSNESS ON STATE
2
AGENCIES; AND3
(VIII) T
HE IMPACT AND PROGRESS OF ANY LAND USE REFORMS ,
4
INCLUDING THOSE IN THIS SECTION , ON HOUSING AVAILABILITY AND5
AFFORDABILITY INCLUDING REVIEW AND RESPONSE TO ANY6
RECOMMENDATIONS , ANALYSES, ASSESSMENTS, AND PLANS THAT ARE7
RELEASED BY THE MULTI -AGENCY COMMITTEE CREATED IN SECTION8
29-33-103
AND USED TO IMPLEMENT LONG -TERM AND DEVELOPMENT
9
AFFORDABILITY STRATEGIES AND DISPLACEMENT MITIGATION MEASURES . 10
(d) T
HE REQUIREMENTS SET FORTH IN THIS SUBSECTION (3) DO NOT
11
PROHIBIT THE TASK FORCE, AT ANY TIME DURING ITS EXISTENCE, FROM12
REQUESTING PERMISSION FROM THE COMMITTEE TO STUDY , PRESENT13
FINDINGS, AND MAKE RECOMMENDATIONS ON ANY ISSUE RELATED TO THE14
SCOPE OF THE TASK FORCE AND OVERSIGHT COMMITTEE .15
(e) A
S NECESSARY, THE TASK FORCE MAY REQUEST TESTIMONY
16
AND REPORTS FROM STATE AGENCIES AND THE MULTI -AGENCY17
COMMITTEES CREATED IN SECTION 29-33-103, AS APPROVED BY THE18
COMMITTEE.19
(4) Additional duties of the task force. T
HE TASK FORCE SHALL
20
ANNUALLY DELIVER POLICY AND LEGISLATIVE RECOMMENDATIONS TO THE21
COMMITTEE PURSUANT TO THIS SECTION . IN ADDITION, THE TASK FORCE22
SHALL:23
(a) O
N OR BEFORE AUGUST 1 OF EACH YEAR, SELECT A CHAIR AND
24
VICE-CHAIR FROM AMONG ITS MEMBERS ;25
(b) M
EET AT LEAST SIX TIMES EACH YEAR, OR MORE OFTEN AS
26
DIRECTED BY THE CHAIR OF THE COMMITTEE , AND SUCH MEETINGS MUST27
213
-75- BE BOTH OPEN TO THE PUBLIC AND RECORDED ;1
(c) E
STABLISH ORGANIZATIONAL AND PROCEDURAL RULES FOR THE
2
OPERATION OF THE TASK FORCE AND FOR COLLABORATION WITH THE3
COMMITTEE;4
(d) D
ESIGNATE SPECIFIC TASK FORCE MEMBERS RESPONSIBLE FOR
5
COLLABORATING WITH AND OBTAINING INPUT FROM OTHER GROUPS , TASK6
FORCES, OR STATEWIDE INITIATIVES THAT COMPLEMENT OR RELATE TO7
THE TASK FORCE'S IDENTIFIED AREAS OF STUDY;8
(e) C
REATE NO MORE THAN THREE SUBCOMMITTEES AS NEEDED TO
9
CARRY OUT THE DUTIES OF THE TASK FORCE . THE SUBCOMMITTEES MAY10
CONSIST, IN PART, OF PERSONS WHO ARE NOT MEMBERS OF THE TASK11
FORCE. SUCH PERSONS MAY VOTE ON ISSUES BEFORE THE SUBCOMMITTEE12
BUT ARE NOT ENTITLED TO A VOTE AT TASK FORCE MEETINGS .13
(f) S
TUDY THE IMPLEMENTATION OF COMMITTEE LEGISLATION
14
PASSED BY THE GENERAL ASSEMBLY ;15
(g) U
PON REQUEST BY A COMMITTEE MEMBER , PROVIDE
16
EVIDENCE-BASED FEEDBACK ON THE POTENTIAL BENEFITS OR17
CONSEQUENCES OF A LEGISLATIVE OR OTHER POLICY PROPOSAL NOT18
DIRECTLY AFFILIATED WITH OR GENERATED BY THE TASK FORCE . THE19
FEEDBACK MUST BE DELIVERED WITHIN TWO WEEKS TO THE ENTIRE20
COMMITTEE AND REMAIN AS CONCISE AS POSSIBLE WHILE CAPTURING ANY21
AVAILABLE EVIDENCE. IF THE TASK FORCE CANNOT IDENTIFY EVIDENCE TO22
EFFECTIVELY INFORM A RESPONSE, THE FEEDBACK WILL INDICATE A LACK23
OF EVIDENCE AND REPORT ON ANY ACTIONS TAKEN .24
(h) (I) O
N OR BEFORE AUGUST 1 OF EACH YEAR, PREPARE AND
25
SUBMIT TO THE COMMITTEE, A REPORT THAT, AT A MINIMUM, INCLUDES:26
(A) I
SSUES STUDIED BY THE TASK FORCE , AS WELL AS FINDINGS
27
213
-76- FOR LEGISLATIVE OR OTHER RECOMMENDATIONS ;1
(B) L
EGISLATIVE OR POLICY PROPOSALS OF THE TASK FORCE THAT
2
IDENTIFY THE POLICY ISSUES INVOLVED, THE AGENCIES RESPONSIBLE FOR3
THE IMPLEMENTATION OF THE CHANGES , AND THE FUNDING SOURCES4
REQUIRED FOR IMPLEMENTATION ;5
(C) A
SUMMARY OF TASK FORCE MEETING ACTIVITIES AND
6
DISCUSSIONS;7
(D) A
NY EVIDENCE-BASED FEEDBACK PROVIDED TO THE
8
COMMITTEE PURSUANT TO SUBSECTION (4)(g) OF THIS SECTION; AND9
(E) A
SUMMARY OF EFFORTS MADE TO COMMUNICATE ,
10
COLLABORATE, OR COORDINATE WITH OTHER GROUPS , TASK FORCES, OR11
STATE INITIATIVES.12
(II) T
HE TASK FORCE MAY POST THE REPORT ON THE COMMITTEE 'S
13
WEBSITE.14
(5) Coordination. T
HE TASK FORCE MAY WORK WITH OTHER
15
GROUPS, TASK FORCES, OR STATEWIDE INITIATIVES THAT ARE PURSUING16
ISSUES AND POLICY INITIATIVES SIMILAR TO THOSE ADDRESSED IN17
SUBSECTION (3) OF THIS SECTION. THE TASK FORCE MAY DEVELOP18
RELATIONSHIPS WITH OTHER TASK FORCES , COMMITTEES, AND19
ORGANIZATIONS TO LEVERAGE EFFICIENT POLICY -MAKING OPPORTUNITIES20
THROUGH COLLABORATIVE EFFORTS .21
(6) N
OTWITHSTANDING ANY PROVISION OF THIS SECTION , THE
22
TASK FORCE IS NOT REQUIRED TO MEET , SUBMIT ANNUAL POLICY AND23
LEGISLATIVE RECOMMENDATIONS , OR SUBMIT AN ANNUAL REPORT TO THE24
COMMITTEE DURING ANY INTERIM IN WHICH THE GENERAL ASSEMBLY HAS25
SUSPENDED INTERIM COMMITTEE ACTIVITIES .26
(7) T
HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2027.
27
213
-77- BEFORE THE REPEAL, THIS SECTION IS SCHEDULED FOR REVIEW ALONG1
WITH SECTION 29-33-116 IN ACCORDANCE WITH SECTION 24-34-104.2
SECTION 2. In Colorado Revised Statutes, 24-32-705, add (8)3
as follows:4
24-32-705. Functions of division. (8) T
HE DIVISION SHALL
5
CONSULT WITH THE MULTI-AGENCY ADVISORY CO MMITTEE CREATED IN6
SECTION 29-33-103 ON FACTORY-BUILT STRUCTURES AND TINY HOME7
CREATED IN SECTION 24-32-3305 (3), TO PRODUCE A REPORT NO LATER8
THAN JUNE 30, 2024, ON THE OPPORTUNITIES AND BARRIERS IN CURRENT9
STATE LAWS AND REGULATIONS CONCERNING THE BUILDING OF10
MANUFACTURED HOMES , MODULAR HOMES, AND TINY HOMES.11
SECTION 3. In Colorado Revised Statutes, 24-32-3303, amend12
(1)(c) as follows:13
24-32-3303. Division of housing - powers and duties - rules.14
(1) The division has the following powers and duties pursuant to this part15
33:16
(c) To review and approve quality assurance representatives that17
intend to perform
FINAL CONSTRUCTION PLAN REVIEWS , inspections, and
18
issue insignia of approval pursuant to this part 33;19
SECTION 4. In Colorado Revised Statutes, 24-34-104, add20
(28)(a)(XI) as follows:21
24-34-104. General assembly review of regulatory agencies22
and functions for repeal, continuation, or reestablishment - legislative23
declaration - repeal. (28) (a) The following agencies, functions, or24
both, are scheduled for repeal on September 1, 2027:25
(XI) T
HE LEGISLATIVE OVERSIGHT COMMITTEE CONCERNING
26
AFFORDABLE HOUSING AND HOMELESSNESS CREATED IN SECTION27
213
-78- 29-33-116 AND THE TASK FORCE CONCERNING AFFORDABLE HOUSING AND1
HOMELESSNESS CREATED IN SECTION 29-33-117.2
SECTION 5. In Colorado Revised Statutes, add 29-20-110 as3
follows:4
29-20-110. Local government residential occupancy limits -5
definitions. (1) N
OTWITHSTANDING ANY OTHER PROVISION TO THE
6
CONTRARY, A LOCAL GOVERNMENT SHALL NOT ENACT OR ENFORCE7
RESIDENTIAL OCCUPANCY LIMITS THAT DIFFER BASED ON THE8
RELATIONSHIPS OF THE OCCUPANTS OF A DWELLING .9
(2) N
OTHING IN THIS SECTION PREVENTS A LOCAL GOVERNMENT
10
FROM ESTABLISHING RESIDENTIAL OCCUPANCY LIMITS FOR DWELLING11
UNITS FOR SHORT-TERM RENTALS, AS DEFINED IN SECTION 29-33-102 (35).12
(3) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
13
REQUIRES:14
(a) "D
WELLING" MEANS ANY IMPROVED REAL PROPERTY , OR
15
PORTION THEREOF, THAT IS USED OR INTENDED TO BE USED AS A16
RESIDENCE.17
(b) "L
OCAL GOVERNMENT" MEANS A HOME RULE OR STATUTORY
18
CITY, TOWN, TERRITORIAL CITY OR TOWN, CITY AND COUNTY, OR COUNTY19
OR HOME RULE COUNTY.20
SECTION 6. In Colorado Revised Statutes, 30-28-106, repeal21
and reenact, with amendments, (3)(a); and add (3)(a.5), (8), (9), and22
(10) as follows:23
30-28-106. Adoption of master plan - contents. (3) (a) T
HE
24
MASTER PLAN OF A COUNTY OR REGION , WITH THE ACCOMPANYING MAPS ,25
PLATS, CHARTS, AND DESCRIPTIVE AND EXPLANATORY MATTER , MUST26
SHOW THE COUNTY OR REGI ONAL PLANNING COMMISSION 'S27
213
-79- RECOMMENDATIONS FOR THE DEVELOPMENT OF THE TERRITORY COVERED1
BY THE PLAN. THE MASTER PLAN OF A COUNTY OR REGION IS AN ADVISORY2
DOCUMENT TO GUIDE LAND DEVELOPMENT DECISIONS ; HOWEVER, THE3
PLAN OR ANY PART THEREOF MAY BE MADE BINDING BY INCLUSION IN THE4
COUNTY'S OR REGION'S ADOPTED SUBDIVISION , ZONING, PLATTING,5
PLANNED UNIT DEVELOPMENT , OR OTHER SIMILAR LAND DEVELOPMENT6
REGULATIONS AFTER SATISFYING NOTICE , DUE PROCESS, AND HEARING7
REQUIREMENTS FOR LEGISLATIVE OR QUASI -JUDICIAL PROCESSES AS8
APPROPRIATE. A MASTER PLAN ADOPTED OR AMENDED ON OR AFTER JUNE9
30,
2024, MUST INCLUDE:
10
(I) N
ATURAL AND AGRICULTURAL L AND PRIORITIES IN
11
ACCORDANCE WITH THE NATURAL AND AGRICULTURAL LAND PRIORITIES12
REPORT CREATED IN SECTION 29-33-110;13
(II) A
HOUSING ELEMENT;
14
(III) F
OR COUNTIES WITH A POPULATION OF GREATER THAN TWO
15
HUNDRED FIFTY THOUSAND , A STRATEGIC GROWTH ELEMENT THAT MUST16
INCLUDE;17
(A) T
HE INFORMATION RELEVANT TO THE COUNTY CONTAINED IN
18
THE REGIONAL STRATEGIC GROWTH AND HOUSING MIX ANALYSIS19
CONDUCTED PURSUANT TO SECTION 29-33-105 (8)(a) AND AN ANALYSIS20
OF HOW THE COUNTY IS INCLUDING THIS INFORMATION IN THE MASTER21
PLAN;22
(B) T
HE IDENTIFICATION OF ADDITIONAL LOCAL STRATEGIC
23
GROWTH AREAS;24
(C) T
HE IDENTIFICATION OF TRANSPORTATION , UTILITY, AND
25
OTHER INFRASTRUCTURE GAPS AND INFRASTRUCTURE PROJECTS ,26
PREFERABLY WITHIN A CAPITAL IMPROVEMENT PLAN , THAT WOULD27
213
-80- ENABLE STRATEGIC GROWTH AREAS TO BE DEVELOPED OR REDEVELOPED ;1
AND2
(D) T
HE IDENTIFICATION OF ZONING REFINEMENTS AND DENSITIES
3
NECESSARY TO ACCOMMODATE THE HOUSING NEEDS INCLUDED IN4
HOUSING NEEDS ASSESSMENTS , AND TO MEET STRATEGIC GROWTH5
OBJECTIVES FOR STRATEGIC GROWTH AREAS .6
(IV) (A) T
HE GENERAL LOCATION AND EXTENT OF AN ADEQUATE
7
AND SUITABLE SUPPLY OF WATER ;8
(B) I
N COMPLETING A WATER SUPPLY ELEMENT , THE PLANNING
9
COMMISSION SHALL CONSULT WITH THE ENTITIES THAT SUPPLY WATER FOR10
USE WITHIN THE COUNTY OR REGION TO ENSURE COORDINATION ON WATER11
SUPPLY AND FACILITY PLANNING, AND THE WATER SUPPLY ELEMENT MUST12
IDENTIFY WATER SUPPLIES AND FACILITIES SUFFICIENT TO MEET THE NEEDS13
OF THE PUBLIC AND PRIVATE INFRASTRUCTURE REASONABLY ANTICIPATED14
OR IDENTIFIED IN THE PLANNING PROCESS;15
(C) T
HE WATER SUPPLY ELEMENT MUST INCLUDE WATER
16
CONSERVATION POLICIES, TO BE DETERMINED BY THE COUNTY , WHICH17
MAY INCLUDE GOALS SPECIFIED IN THE STATE WATER PLAN ADOPTED18
PURSUANT TO SECTION 37-60-106.3 AND MAY INCLUDE POLICIES TO19
IMPLEMENT WATER CONSERVATION AND OTHER STATE WATER PLAN GOALS20
AS A CONDITION OF DEVELOPMENT APPR OVALS , INCLUDING SUBDIVISIONS,21
PLANNED UNIT DEVELOPMENTS , SPECIAL USE PERMITS, AND ZONING22
CHANGES.23
(D) T
HE DEPARTMENT OF LOCAL AFFAIRS CREATED IN SECTION
24
24-1-125
MAY HIRE AND EMPLOY ONE FULL-TIME EMPLOYEE TO PROVIDE
25
EDUCATIONAL RESOURCES AND ASSISTANCE TO COUNTIES THAT INCLUDE26
WATER CONSERVATION POLICIES IN THEIR MASTER PLANS AS DESCRIBED27
213
-81- IN SUBSECTION (3)(a)(IV)(C) OF THIS SECTION.1
(a.5) A
FTER CONSIDERATION OF EACH OF THE FOLLOWING , WHERE
2
APPLICABLE OR APPROPRIATE, THE MASTER PLAN MAY INCLUDE :3
(I) T
HE GENERAL LOCATION , CHARACTER, AND EXTENT OF
4
EXISTING, PROPOSED, OR PROJECTED STREETS OR ROADS, RIGHTS-OF-WAY,5
VIADUCTS, BRIDGES, WATERWAYS , WATERFRONTS , PARKWAYS,6
HIGHWAYS, MASS TRANSIT ROUTES AND CORRIDORS , AND ANY7
TRANSPORTATION PLAN PREPARED BY ANY METROPOLITAN PLANNING8
ORGANIZATION THAT COVERS ALL OR A PORTION OF THE COUNTY OR9
REGION AND THAT THE COUNTY OR REGION HAS RECEIVED NOTIFICATION10
OF OR, IF THE COUNTY OR REGION IS NOT LOCATED IN AN AREA COVERED11
BY A METROPOLITAN PLANNING ORGANIZATION , ANY TRANSPORTATION12
PLAN PREPARED BY THE DEPARTMENT OF TRANSPORTATION THAT THE13
COUNTY OR REGION HAS RECEIVED NOTIFICATION OF AND THAT APPLIES TO14
THE COUNTY OR REGION;15
(II) T
HE GENERAL LOCATION OF PUBLIC PLACES OR FACILITIES ,
16
INCLUDING PUBLIC SCHOOLS , CULTURALLY, HISTORICALLY, OR17
ARCHAEOLOGICALLY SIGNIFICANT BUILDINGS , SITES, AND OBJECTS,18
PLAYGROUNDS, FORESTS, RESERVATIONS, SQUARES, PARKS, AIRPORTS,19
AVIATION FIELDS, MILITARY INSTALLATIONS, AND OTHER PUBLIC WAYS,20
GROUNDS, OPEN SPACES, TRAILS, AND DESIGNATED FEDERAL, STATE, AND21
LOCAL WILDLIFE AREAS. FOR PURPOSES OF THIS SECTION, "MILITARY22
INSTALLATION" HAS THE SAME MEANING AS SPECIFIED IN SECTION23
29-20-105.6
(2)(b).
24
(III) T
HE GENERAL LOCATION AND EXTENT OF PUBLIC UTILITIES ,
25
TERMINALS, CAPITAL FACILITIES, AND TRANSFER FACILITIES, WHETHER26
PUBLICLY OR PRIVATELY OWNED, FOR WATER, LIGHT, POWER, SANITATION,27
213
-82- TRANSPORTATION, COMMUNICATION, HEAT, AND OTHER PURPOSES, AND1
ANY PROPOSED OR PROJECTED NEEDS FOR CAPITAL FACILITIES AND2
UTILITIES, INCLUDING THE PRIORITIES, ANTICIPATED COSTS, AND FUNDING3
PROPOSALS FOR SUCH FACILITIES AND UTILITIES;4
(IV) T
HE ACCEPTANCE, WIDENING, REMOVAL, EXTENSION,
5
RELOCATION, NARROWING, VACATION, ABANDONMENT, MODIFICATION, OR6
CHANGE OF USE OF ANY OF THE PUBLIC WAYS, RIGHTS-OF-WAY, INCLUDING7
THE COORDINATION OF SUCH RIGHTS -OF-WAY WITH THE RIGHTS-OF-WAY8
OF OTHER COUNTIES, REGIONS, OR MUNICIPALITIES, GROUNDS, OPEN9
SPACES, BUILDINGS, PROPERTIES, UTILITIES, OR TERMINALS, REFERRED TO10
IN SUBSECTIONS (1)(a.5)(I) THROUGH (1)(a.5)(IV) OF THIS SECTION;11
(V) M
ETHODS FOR ASSURING ACCESS TO APPROPRIATE CONDITIONS
12
FOR SOLAR, WIND, OR OTHER ALTERNATIVE ENERGY SOURCES , INCLUDING13
GEOTHERMAL ENERGY USED FOR WATER HEATING OR SPACE HEATING OR14
COOLING IN A SINGLE BUILDING, FOR SPACE HEATING FOR MORE THAN ONE15
BUILDING THROUGH A PIPELINE NETWORK , OR FOR ELECTRICITY16
GENERATION;17
(VI) T
HE GENERAL CHARACTER , LOCATION, AND EXTENT OF
18
COMMUNITY CENTERS, TOWNSITES, HOUSING DEVELOPMENTS, WHETHER19
PUBLIC OR PRIVATE, THE EXISTING, PROPOSED, OR PROJECTED LOCATION20
OF RESIDENTIAL NEIGHBORHOODS AND SUFFICIENT LAND FOR FUTURE21
HOUSING DEVELOPMENT FOR THE EXISTING AND PROJECTED ECONOMIC22
AND OTHER NEEDS OF ALL CURRENT AND ANTICIPATED RESIDENTS OF THE23
COUNTY OR REGION, AND URBAN CONSERVATION OR REDEVELOPMENT24
AREAS. IF A COUNTY OR REGION HAS ENTERED INTO A REGIONAL PLANNING25
AGREEMENT, SUCH AGREEMENT MAY BE INCORPORATED BY REFERENCE26
INTO THE MASTER PLAN.27
213
-83- (VII) THE GENERAL SOURCE AND EXTENT OF FORESTS ,1
AGRICULTURAL AREAS, FLOOD CONTROL AREAS, AND OPEN DEVELOPMENT2
AREAS FOR PURPOSES OF CONSERVATION , FOOD AND WATER SUPPLY ,3
SANITARY AND DRAI NAGE FACILITIES , FLOOD CONTROL , OR THE4
PROTECTION OF URBAN DEVELOPMENT ;5
(VIII) A
LAND CLASSIFICATION AND UTILIZATION PROGRAM ;
6
(IX) P
ROJECTIONS OF POPULATION GROWTH AND HOUSING NEEDS
7
TO ACCOMMODATE THE PROJECTED POPULATION FOR SPECIFIED8
INCREMENTS OF TIME. THE COUNTY OR REGION MAY BASE THESE9
PROJECTIONS UPON DATA FROM THE DEPARTMENT OF LOCAL AFFAIRS AND10
UPON THE COUNTY'S OR REGION'S LOCAL OBJECTIVES.11
(X) T
HE LOCATION OF AREAS CONTAINING STEEP SLOPES ,
12
GEOLOGICAL HAZARDS , ENDANGERED OR THREATENED SPECIES ,13
WETLANDS, FLOODPLAINS, FLOODWAYS, AND FLOOD RISK ZONES, HIGHLY14
ERODIBLE LAND OR UNSTABLE SOILS , AND WILDFIRE HAZARDS . FOR15
PURPOSES OF DETERMINING THE LOCATION OF SUCH AREAS , THE PLANNING16
COMMISSION SHALL CONSIDER THE FOLLOWING SOURCES FOR GUIDANCE :17
(A) T
HE COLORADO GEOLOGICAL SURVEY FOR DEFINING AND
18
MAPPING GEOLOGICAL HAZARDS ;19
(B) T
HE UNITED STATES FISH AND WILDLIFE SERVICE OF THE
20
U
NITED STATES DEPARTMENT OF THE INTERIOR AND THE PARKS AND
21
WILDLIFE COMMISSION CREATED IN SECTION 33-9-101, FOR LOCATING22
AREAS INHABITED BY ENDANGERED OR THREATENED SPECIES ;23
(C) T
HE UNITED STATES ARMY CORPS OF ENGINEERS AND THE
24
U
NITED STATES FISH AND WILDLIFE SERVICE NATIONAL WETLANDS
25
INVENTORY FOR DEFINING AND MAPPING WETLANDS ;26
(D) T
HE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR
27
213
-84- DEFINING AND MAPPING FLOODPLAINS , FLOODWAYS, AND FLOOD RISK1
ZONES;2
(E) T
HE NATURAL RESOURCES CONSERVATION SERVICE OF THE
3
U
NITED STATES DEPARTMENT OF AGRICULTURE FOR DEFINING AND
4
MAPPING UNSTABLE SOILS AND HIGHLY ERODIBLE LAND ; AND5
(F) T
HE COLORADO STATE FOREST SERVICE FOR LOCATING
6
WILDFIRE HAZARD AREAS.7
(8) I
N ADOPTING OR AMENDING A MASTER PLAN , THE COMMISSION
8
SHALL IDENTIFY, PROVIDE NOTICE TO, AND CONSULT WITH RELEVANT9
ENTITIES TO ENSURE THAT THE ADOPTION OR AMENDING OF THE MASTER10
PLAN IS AN INCLUSIVE PROCESS.11
(9) N
O MORE THAN THIRTY DAYS AFTER ADOPTING OR AMENDING
12
THE MASTER PLAN, THE COMMISSION SHALL SUBMIT THE MASTER PLAN TO13
THE DIVISION OF LOCAL GOVERNMENT IN THE DEPARTMENT OF LOCAL14
AFFAIRS. THE DIVISION OF LOCAL GOVERNMENT SHALL REVIEW THESE15
MASTER PLANS AND MAY PROVIDE COMMENTS TO THE COUNTY OR16
COMMISSION.17
(10) N
OT LESS THAN SIXTY DAYS PRIOR TO ADOPTING OR
18
AMENDING THE MASTER PLAN , A COUNTY OR REGIONAL PLANNING19
COMMISSION SHALL SUBMIT THE MASTER PLAN TO THE DIVISION OF LOCAL20
GOVERNMENT IN THE DEPARTMENT OF LOCAL AFFAIRS . THE DIVISION OF21
LOCAL GOVERNMENT SHALL REVIEW THESE MASTER PLANS AND MAY22
PROVIDE COMMENTS TO THE COUNTY OR COMMISSION . THE DIVISION23
SHALL PROVIDE COMMENTS IN WRITING DESCRIBING THE EXTENT TO24
WHICH THE MASTER PLAN MEETS OR DOES NOT MEET THE REQUIREMENTS25
OF THIS SECTION. THE DEPARTMENT OF LOCAL AFFAIRS MAY HIRE AND26
EMPLOY ONE FULL-TIME EMPLOYEE TO PROVIDE EDUCATIONAL RESOURCES27
213
-85- AND ASSISTANCE TO ENSURE COMPLIANCE WITH THE REQUIREMENTS OF1
THIS SECTION.2
SECTION 7. In Colorado Revised Statutes, 31-15-713, add3
(1)(d) as follows:4
31-15-713. Power to sell public works - real property. (1) The5
governing body of each municipality has the power:6
(d) N
OTWITHSTANDING SUBSECTIONS (1)(a) AND (1)(b) OF THIS
7
SECTION, TO SELL AND DISPOSE OF, BY ORDINANCE, ANY PUBLIC BUILDING8
OR REAL PROPERTY OWNED BY A MUNICIPALITY THAT IS HELD FOR9
GOVERNMENT PURPOSES OTHER THAN PARK PURPOSES , IF THE SALE AND10
DISPOSITION OF THE PUBLIC BUILDING OR REAL PROPERTY IS FOR THE11
PURPOSE OF PROVIDING PROPERTY TO BE USED FOR THE DEVELOPMENT OF12
AFFORDABLE HOUSING, AS THE TERM IS DEFINED IN SECTION 29-33-102 (3).13
T
HE GOVERNING BODY SHALL DETERMINE THE TERMS AND C ONDITIONS OF
14
THE SALE AND DISPOSITION AT A REGULAR OR SPECIAL MEETING AND15
SHALL MAKE THESE TERMS AND CONDITIONS PUBLICLY AVAILABLE .16
SECTION 8. In Colorado Revised Statutes, 31-23-301, amend17
(5)(b)(I)(A) and (5)(b)(I)(B); add (5)(a)(III), (5)(a)(IV), (5)(a)(V), and18
(5)(b)(I.5) as follows:19
31-23-301. Grant of power. (5) (a) As used in this subsection20
(5), unless the context otherwise requires:21
(III) "M
ANUFACTURED HOME " HAS THE SAME MEANING AS SET
22
FORTH IN SECTION 24-32-3302 (20).23
(IV) "M
ODULAR HOME" HAS THE SAME MEANING AS SET FORTH IN
24
SECTION 24-32-3302 (25).25
(b) (I) No municipality may have or enact zoning regulations,26
subdivision regulations, or any other regulation affecting development27
213
-86- that exclude or have the effect of excluding homes from the municipality1
that are:2
(A) Homes certified by the division of housing created in section3
24-32-704 or a party authorized to act on its behalf;
THE APPROVAL
4
PROCESSES OF MODULAR HOMES SHALL BE BASED ON OBJECTIVE5
STANDARDS, AS DEFINED IN SECTION 29-33-102 (27), AND6
ADMINISTRATIVE REVIEW THAT ARE EQUIVALENT TO THAT REQUIRED FOR7
SITE-BUILT HOMES, UNLESS A MUNICIPALITY REGULATES SITE -BUILT8
HOMES THROUGH A DISCRETIONARY REVIEW PROCESS , AS DEFINED IN9
SECTION 29-33-102 (9), IN WHICH CASE A MUNICIPALITY MAY USE AN10
EQUIVALENT REVIEW PROCESS FOR A MODULAR HOME AND A SITE -BUILT11
HOME;12
(B) Homes certified by the United States department of housing13
and urban development through its office of manufactured housing14
programs, a successor agency, or a party authorized to act on its behalf.15
T
HE APPROVAL PROCESSES OF MANUF ACTURED HOMES SHALL BE BASED
16
ON OBJECTIVE STANDARDS AND ADMINISTRATIVE REVIEW THAT ARE17
EQUIVALENT TO THAT REQUIRED FOR SITE -BUILT HOMES, UNLESS A18
MUNICIPALITY REGULATES SITE-BUILT HOMES THROUGH A DISCRETIONARY19
REVIEW PROCESS, AS DEFINED IN SECTION 29-33-102 (9), IN WHICH CASE20
A MUNICIPALITY MAY USE AN EQUIVALENT REVIEW PROCESS FOR A21
MANUFACTURED HOME AND A SITE -BUILT HOME. or22
(b) (I.5) A
MUNICIPALITY SHALL NOT IMPOSE MORE RESTRICTIVE
23
STANDARDS ON MANUFACTURED AND MODULAR HOMES THAN THOSE THE24
MUNICIPALITY APPLIES TO SITE BUILT HOMES IN THE SAME RESIDENTIAL25
ZONES. RESTRICTIVE STANDARDS INCLUDE ZONING REGULATIONS ,26
SUBDIVISION REGULATIONS, AND ANY OTHER REGULATION AFFECTING27
213
-87- DEVELOPMENT SUCH AS REQUIREMENTS RELATING TO :1
(A) P
ERMANENT FOUNDATIONS ;
2
(B) M
INIMUM FLOOR SPACE;
3
(C) H
OME SIZE OR SECTIONAL REQUIREMENTS ;
4
(D) I
MPROVEMENT LOCATION STANDARDS ;
5
(E) S
IDE YARD STANDARDS; AND
6
(F) S
ETBACK STANDARDS.
7
SECTION 9. In Colorado Revised Statutes, 31-23-206, repeal8
and reenact, with amendments, (1); and add (1.5), (8), (9), (10), and9
(11) as follows:10
31-23-206. Master plan. (1) I
T IS THE DUTY OF THE COMMISSION
11
TO MAKE AND ADOPT A MASTER PLAN FOR THE PHYSICAL DEVELOPMENT12
OF THE MUNICIPALITY, INCLUDING ANY AREAS OUTSIDE ITS BOUNDARIES ,13
SUBJECT TO THE APPROVAL OF THE GOVERNMENTAL BODY HAVING14
JURISDICTION THEREOF, THAT IN THE COMMISSION 'S JUDGMENT BEAR15
RELATION TO THE PLANNING OF THE MUNICIPALITY . THE MASTER PLAN OF16
A MUNICIPALITY IS AN ADVISORY DOCUMENT TO GUIDE LAND17
DEVELOPMENT DECISIONS; HOWEVER, THE PLAN OR ANY PART THEREOF18
MAY BE MADE BINDING BY INCLUSION IN THE MUNICIPALITY 'S ADOPTED19
SUBDIVISION, ZONING, PLATTING, PLANNED UNIT DEVELOPMENT, OR OTHER20
SIMILAR LAND DEVELOPMENT REGULATIONS AFTER SATISFYING NOTICE ,21
DUE PROCESS, AND HEARING REQUIREMENTS FOR LEGISLATIVE OR22
QUASI-JUDICIAL PROCESSES AS APPROPRIATE . WHEN A COMMISSION23
DECIDES TO ADOPT A MASTER PLAN , THE COMMISSION SHALL CONDUCT24
PUBLIC HEARINGS, AFTER NOTICE OF SUCH PUBLIC HEARINGS HAS BEEN25
PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION IN THE26
MUNICIPALITY IN A MANNER SUFFICIENT TO NOTIFY THE PUBLIC OF THE27
213
-88- TIME, PLACE, AND NATURE OF THE PUBLIC HEARING , PRIOR TO FINAL1
ADOPTION OF A MASTER PLAN IN ORDER TO ENCOURAGE PUBLIC2
PARTICIPATION IN AND AWARENESS OF THE DEVELOPMENT OF SUCH PLAN3
AND SHALL ACCEPT AND CONSIDER ORAL AND WRITTEN PUBLIC COMMENTS4
THROUGHOUT THE PROCESS OF DEVELOPING THE PLAN . THE PLAN,5
ADOPTED OR AMENDED ON OR AFTER JUNE 30, 2024, WITH THE6
ACCOMPANYING MAPS , PLATS, CHARTS, AND DESCRIPTIVE MATTER, MUST7
INCLUDE:8
(a) A
HOUSING ELEMENT THAT USES BEST AVAILABLE DATA , SUCH
9
AS THE MOST RECENT LOCAL HOUSING NEEDS PLAN CREATED PURSUANT10
TO SECTION 29-33-104 OR OTHER RECENT HOUSING ANALYSES ;11
(b) N
ATURAL AND AGRICULTURAL LAND PRIORITIES IN
12
ACCORDANCE WITH THE NATURAL AND AGRICULTURAL LAND PRIORITIES13
REPORT CREATED IN SECTION 29-33-110;14
(c) A
STRATEGIC GROWTH ELEMENT THAT MUST INCLUDE :
15
(I) T
HE INFORMATION RELEVANT TO THE MUNICIPALITY
16
CONTAINED IN THE REGIONAL STRATEGIC GROWTH AND HOUSING MIX17
ANALYSIS CONDUCTED PURSUANT TO SECTION 29-33-105 (8)(c) AND AN18
ANALYSIS OF HOW THE MUNICIPALITY IS INCLUDING THIS INFORMATION IN19
THE MASTER PLAN;20
(II) T
HE IDENTIFICATION OF ADDITIONAL LOCAL STRATEGIC
21
GROWTH AREAS;22
(III) T
HE IDENTIFICATION OF TRANSPORTATION , UTILITY, AND
23
OTHER INFRASTRUCTURE GAPS AND INFRASTRUCTURE PROJECTS ,24
PREFERABLY WITHIN A CAPITAL IMPROVEMENT PLAN , THAT WOULD25
ENABLE STRATEGIC GROWTH AREAS TO BE DEVELOPED OR REDEVELOPED ;26
AND27
213
-89- (IV) THE IDENTIFICATION OF ZONING REFINEMENTS AND DENSITIES1
NECESSARY TO ACCOMMODATE THE HOUSING NEEDS INCLUDED IN2
HOUSING NEEDS ASSESSMENTS , AND TO MEET STRATEGIC GROWTH3
OBJECTIVES FOR STRATEGIC GROWTH AREAS .4
(d) (I) T
HE GENERAL LOCATION AND EXTENT OF AN ADE QUATE
5
AND SUITABLE SUPPLY OF WATER ;6
(II) I
N COMPLETING THE WATER SUPPLY ELEMENT , THE PLANNING
7
COMMISSION SHALL CONSULT WITH THE ENTITIES THAT SUPPLY WATER FOR8
USE WITHIN THE MUNICIPALITY TO ENSURE COORDINATION ON WATER9
SUPPLY AND FACILITY PLANNING, AND THE WATER SUPPLY ELEMENT MUST10
IDENTIFY WATER SUPPLIES AND FACILITIES SUFFICIENT TO MEET THE NEEDS11
OF THE PUBLIC AND PRIVATE INFRASTRUCTURE REAS ONABLY ANTICIPATED12
OR IDENTIFIED IN THE PLANNING PROCESS;13
(III) T
HE WATER SUPPLY ELEMENT MUST INCLUDE WATER
14
CONSERVATION POLICIES, TO BE DETERMINED BY THE MUNICIPALITY ,15
WHICH MAY INCLUDE GOALS SPECIFIED IN THE STATE WATER PLAN16
ADOPTED PURSUANT TO SECTION 37-60-106.3 AND MAY INCLUDE POLICIES17
TO IMPLEMENT WATER CONSERVATION AND OTHER STATE WATER PLAN18
GOALS AS A CONDITION OF DEVELOPMENT APPROVALS , INCLUDING19
SUBDIVISIONS, PLANNED UNIT DEVELOPMENTS, SPECIAL USE PERMITS, AND20
ZONING CHANGES;21
(IV) T
HE DEPARTMENT OF LOCAL AFFAIRS CREATED IN SECTION
22
24-1-125
MAY HIRE AND EMPLOY ONE FULL-TIME EMPLOYEE TO PROVIDE
23
EDUCATIONAL RESOURCES AND ASSISTANCE TO MUNICIPALITIES THAT24
INCLUDE WATER CONSERVATION POLICIES IN THEIR MASTER PLANS AS25
DESCRIBED IN SUBSECTION (1)(d)(III) OF THIS SECTION;26
(V) N
OTHING IN THIS SUBSECTION (1)(d) SHALL BE CONSTRUED TO
27
213
-90- SUPERSEDE, ABROGATE, OR OTHERWISE IMPAIR THE ALLOCATION OF1
WATER PURSUANT TO THE STATE CONSTITUTION OR LAWS , THE RIGHT TO2
BENEFICIALLY USE WATER PURSUANT TO DECREES , CONTRACTS, OR OTHER3
WATER USE AGREEMENTS , OR THE OPERATION, MAINTENANCE, REPAIR,4
REPLACEMENT, OR USE OF ANY WATER FACILITY.5
(e) T
HE MOST RECENT VERSION OF THE PLAN REQUIRED BY
6
SECTION 31-12-105 (1)(e) OR A SIMILAR ELEMENT ANALYZING AND7
MAKING A PLAN FOR AREAS OF POTENTIAL GROWTH WITHIN THREE MILES8
OF THE MUNICIPAL BOUNDARY .9
(1.5) A
FTER CONSULTATION ON EACH OF THE FOLLOWING , WHERE
10
APPLICABLE OR APPROPRIATE, THE MASTER PLAN MAY INCLUDE :11
(a) T
HE GENERAL SOURCE, CHARACTER, AND EXTENT OF EXISTING,
12
PROPOSED, OR PROJECTED STREETS, ROADS, RIGHTS-OF-WAY, BRIDGES,13
WATERWAYS, WATERFRONTS, PARKWAYS, HIGHWAYS, MASS TRANSIT14
ROUTES AND CORRIDORS, AND ANY TRANSPORTATION PLAN PREPARED BY15
ANY METROPOLITAN PLANNING ORGANIZATION THAT COVERS ALL OR A16
PORTION OF THE MUNICIPALITY AND THAT THE MUNICIPALITY HAS17
RECEIVED NOTIFICATION OF OR, IF THE MUNICIPALITY IS NOT LOCATED IN18
AN AREA COVERED BY A METROPOLITAN PLANNING ORGANIZATION , ANY19
TRANSPORTATION PLAN PREPARED BY THE DEPARTMENT OF20
TRANSPORTATION THAT THE MUNICIPALITY HAS RECEIVED NOTIFICATION21
OF AND THAT COVERS ALL OR A PORTION OF THE MUNICIPALITY ;22
(b) T
HE GENERAL LOCATION OF PUBLIC PLACES OR FACILITIES ,
23
INCLUDING PUBLIC SCHOOLS , CULTURALLY, HISTORICALLY, OR24
ARCHAEOLOGICALLY SIGNIFICANT BUILDINGS , SITES, AND OBJECTS,25
PLAYGROUNDS, SQUARES, PARKS, AIRPORTS, AVIATION FIELDS, MILITARY26
INSTALLATIONS, AND OTHER PUBLIC WAYS , GROUNDS, OPEN SPACES,27
213
-91- TRAILS, AND DESIGNATED FEDERAL, STATE, AND LOCAL WILDLIFE AREAS.1
F
OR PURPOSES OF THIS SECTION, "MILITARY INSTALLATION" HAS THE SAME
2
MEANING AS SPECIFIED IN SECTION 29-20-105.6 (2)(b).3
(c) T
HE GENERAL LOCATION AND EXTENT OF PUBLIC UTILITIES
4
TERMINALS, CAPITAL FACILITIES, AND TRANSFER FACILITIES, WHETHER5
PUBLICLY OR PRIVATELY OWNED OR OPERATED , FOR WATER, LIGHT,6
SANITATION, TRANSPORTATION, COMMUNICATION, POWER, AND OTHER7
PURPOSES, AND ANY PROPOSED OR PROJECTED NEEDS FOR CAPITAL8
FACILITIES AND UTILITIES, INCLUDING THE PRIORITIES, ANTICIPATED9
COSTS, AND FUNDING PROPOSALS FOR SUCH FACILITIES AND UTILITIES ;10
(d) T
HE ACCEPTANCE, REMOVAL, RELOCATION, WIDENING,
11
NARROWING, VACATING, ABANDONMENT, MODIFICATION, CHANGE OF USE,12
OR EXTENSION OF ANY OF THE PUBLIC WAYS, RIGHTS-OF-WAY, INCLUDING13
THE COORDINATION OF SUCH RIGHTS -OF-WAY WITH THE RIGHTS-OF-WAY14
OF OTHER MUNICIPALITIES, COUNTIES, OR REGIONS, GROUNDS, OPEN15
SPACES, BUILDINGS, PROPERTY, UTILITY, OR TERMINALS, REFERRED TO IN16
SUBSECTIONS (1.5) (a) THROUGH (a) OF THIS SECTION AND SUBSECTION17
(1)(d)
OF THIS SECTION;
18
(e) A
ZONING PLAN FOR THE CONTROL OF THE HEIGHT, AREA, BULK,
19
LOCATION, AND USE OF BUILDINGS AND PREMISES. SUCH A ZONING PLAN20
MAY PROTECT AND ASSURE ACCESS TO APPROPRIATE CONDITIONS FOR21
SOLAR, WIND, OR OTHER ALTERNATIVE ENERGY SOURCES , INCLUDING22
GEOTHERMAL ENERGY USED FOR WATER HEATING OR SPACE HEATING OR23
COOLING IN A SINGLE BUILDING, FOR SPACE HEATING FOR MORE THAN ONE24
BUILDING THROUGH A PIPELINE NETWORK , OR FOR ELECTRICITY25
GENERATION; HOWEVER, REGULATIONS AND RESTRICTIONS OF THE HEIGHT,26
NUMBER OF STORIES, SIZE OF BUILDINGS AND OTHER STRUCTURES , AND27
213
-92- THE HEIGHT AND LOCATION OF TREES AND OTHER VEGETATION SHALL NOT1
APPLY TO EXISTING BUILDINGS, STRUCTURES, TREES, OR VEGETATION2
EXCEPT FOR NEW GROWTH ON SUCH VEGETATION .3
(f) T
HE GENERAL CHARACTER , LOCATION, AND EXTENT OF
4
COMMUNITY CENTERS , HOUSING DEVELOPMENTS , WHETHER PUBLIC OR5
PRIVATE, THE EXISTING, PROPOSED, OR PROJECTED LOCATION OF6
RESIDENTIAL NEIGHBORHOODS AND SUFFICIENT LAND FOR FUTURE7
HOUSING DEVELOPMENT FOR THE EXISTING AND PROJECTED ECONOMIC8
AND OTHER NEEDS OF ALL CURRENT AND ANTICIPATED RESIDENTS OF THE9
MUNICIPALITY, AND REDEVELOPMENT AREAS . IF A MUNICIPALITY HAS10
ENTERED INTO A REGIONAL PLANNING AGREEMENT , SUCH AGREEMENT11
MAY BE INCORPORATED BY REFERENCE INTO THE MASTER PLAN .12
(g) A
MASTER PLAN FOR THE EXTRACTION OF COMMERCIAL
13
MINERAL DEPOSITS PURSUANT TO SECTION 34-1-304;14
(h) A
PLAN FOR THE LOCATION AND PLACEMENT OF PUBLIC
15
UTILITIES THAT FACILITATES THE PROVISION OF SUCH UTILITIES TO ALL16
EXISTING, PROPOSED, OR PROJECTED DEVELOPMENTS IN THE17
MUNICIPALITY;18
(i) P
ROJECTIONS OF POPULATION GROWTH AND HOUSING NEEDS TO
19
ACCOMMODATE THE PROJECTED POPULATION FOR SPECIFIED INCREMENTS20
OF TIME. THE MUNICIPALITY MAY BASE THESE PROJECTIONS UPON DATA21
FROM THE DEPARTMENT OF LOCAL AFFAIRS AND UPON THE MUNICIPALITY 'S22
LOCAL OBJECTIVES.23
(j) T
HE AREAS CONTAINING STEEP SLOPES, GEOLOGICAL HAZARDS,
24
ENDANGERED OR THREATENED SPECIES , WETLANDS, FLOODPLAINS,25
FLOODWAYS, AND FLOOD RISK ZONES , HIGHLY ERODIBLE LAND OR26
UNSTABLE SOILS, AND WILDFIRE HAZARDS . FOR PURPOSES OF27
213
-93- DETERMINING THE LOCATION OF SUCH AREAS , THE PLANNING COMMISSION1
SHALL CONSIDER THE FOLLOWING SOURCES FOR GUIDANCE :2
(I) T
HE COLORADO GEOLOGICAL SURVEY FOR DEFINING AND
3
MAPPING GEOLOGICAL HAZARDS ;4
(II) T
HE UNITED STATES FISH AND WILDLIFE SERVICE OF THE
5
U
NITED STATES DEPARTMENT OF THE INTERIOR AND THE PARKS AND
6
WILDLIFE COMMISSION CREATED IN SECTION 33-9-101, FOR LOCATING7
AREAS INHABITED BY ENDANGERED OR THREATENED SPECIES ;8
(III) T
HE UNITED STATES ARMY CORPS OF ENGINEERS AND THE
9
U
NITED STATES FISH AND WILDLIFE SERVICE NATIONAL WETLANDS
10
INVENTORY FOR DEFINING AND MAPPING WETLANDS ;11
(IV) T
HE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR
12
DEFINING AND MAPPING FLOODPLAINS , FLOODWAYS, AND FLOOD RISK13
ZONES;14
(V) T
HE NATURAL RESOURCES CONSERVATION SERVICE OF THE
15
U
NITED STATES DEPARTMENT OF AGRICULTURE FOR DEFINING AND
16
MAPPING UNSTABLE SOILS AND HIGHLY ERODIBLE LAND ; AND17
(VI) T
HE COLORADO STATE FOREST SERVICE FOR LOCATING
18
WILDFIRE HAZARD AREAS.19
(8) I
N ADOPTING OR AMENDING A MASTER PLAN , THE COMMISSION
20
SHALL IDENTIFY, PROVIDE NOTICE TO, AND CONSULT WITH RELEVANT21
ENTITIES TO ENSURE THAT THE ADOPTING OR AMENDING OF THE MASTER22
PLAN IS AN INCLUSIVE PROCESS.23
(9) N
O MORE THAN THIRTY DAYS AFTER ADOPTING OR AMENDING
24
THE MASTER PLAN, THE COMMISSION SHALL SUBMIT THE MASTER PLAN TO25
THE DIVISION OF LOCAL GOVERNMENT IN THE DEPARTMENT OF LOCAL26
AFFAIRS. THE DIVISION OF LOCAL GOVERNMENT SHALL REVIEW THESE27
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-94- MASTER PLANS TO ENSURE THEY COMPLY WITH THE REQUIREMENTS OF1
THIS SECTION.2
(10) N
OT LESS THAN SIXTY DAYS PRIOR TO ADOPTING OR
3
AMENDING THE MASTER PLAN , THE COMMISSION SHALL SUBMIT THE4
MASTER PLAN TO THE DIVISION OF LOCAL GOVERNMENT IN THE5
DEPARTMENT OF LOCAL AFFAIRS . THE DIVISION OF LOCAL GOVERNMENT6
SHALL REVIEW THESE MASTER PLANS TO ENSURE THEY COMPLY WITH THE7
REQUIREMENTS OF THIS SECTION . THE DIVISION SHALL PROVIDE8
COMMENTS IN WRITING DESCRIBING THE EXTENT TO WHICH THE MASTER9
PLAN MEETS OR DOES NOT MEET THE REQUIREMENTS OF THIS SECTION . THE10
DEPARTMENT OF LOCAL AFFAIRS MAY HIRE AND EMPLOY ONE FULL -TIME11
EMPLOYEE TO PROVIDE EDUCATIONAL RESOURCES AND ASSISTANCE TO12
ENSURE COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION .13
(11) A
N URBAN MUNICIPALITY, AS DEFINED IN SECTION 29-33-102
14
(40),
SUBJECT TO THIS SECTION SHALL REVIEW AND, IF NEEDED, REVISE ITS
15
MASTER PLAN TO ENSURE THE PLAN COMPLIES WITH THE REQUIREMENTS16
OF THIS SECTION AT LEAST EVERY TEN YEARS . AN URBAN MUNICIPALITY17
MAY UTILIZE EXISTING PLANNING INFORMATION AND ANALYSIS TO SATISFY18
THE REQUIREMENTS OF THIS SUBSECTION (11), SO LONG AS THE19
INFORMATION OR ANALYSIS IS NOT MORE THAN FIVE YEARS OLD .20
SECTION 10. In Colorado Revised Statutes, 43-1-106, amend21
(15)(d) as follows:22
43-1-106. Transportation commission - powers and duties -23
rules - definitions - efficiency and accountability committee. (15) In24
addition to any other duties required by law, the commission shall have25
the following charges:26
(d) To study and make recommendations for existing and future27
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-95- transportation systems in Colorado with a focus of such study and1
recommendations being a ten-year plan for each mode of transportation.2
Such THE ten-year plan shall MUST be based on what can be reasonably3
expected to be implemented with the estimated revenues which are likely4
to be available
AND MUST INCLUDE PRIORITIZATION CRITERIA THAT ARE
5
CONSISTENT WITH STATE STRATEGIC GROWTH OBJECTIVES FOR6
REGIONALLY SIGNIFICANT TRANSPORTATION PROJECTS .7
SECTION 11. In Colorado Revised Statutes, 43-1-113, add (20)8
as follows:9
43-1-113. Funds - budgets - fiscal year - reports and10
publications. (20) B
EFORE DECEMBER 31, 2024, OR BEFORE THE NEXT
11
REGIONAL TRANSPORTATION PLANNING CYCLE BEGINS , THE DEPARTMENT12
SHALL ENSURE THAT THE PRIORITIZATION CRITERIA FOR ANY GRANT13
PROGRAM ADMINISTERED BY THE DEPARTMENT ARE CONSISTENT WITH14
STATE STRATEGIC GROWTH OBJECTIVES , AS DETERMINED IN SECTION15
29-33-108,
SO LONG AS DOING SO DOES NOT VIOLATE FEDERAL LAW . THE
16
STATE GROWTH OBJECTIVES MUST BE CLEARLY ARTICULATED IN A17
PROJECT'S REQUIREMENTS OF PROSPECTIVE FUNDING RECIPIENTS .18
SECTION 12. In Colorado Revised Statutes, 43-1-1103, amend19
(5)(i) and (5)(j); and add (2.5) and (5)(k) as follows:20
43-1-1103. Transportation planning. (2.5) B
EGINNING
21
D
ECEMBER 31, 2024, ANY REGIONAL TRANSPORTATION PLAN THAT IS
22
CREATED OR UPDATED MUST ADDRESS AND ENSURE CONSISTENCY WITH23
STATE STRATEGIC GROWTH OBJECTIVES AS DETERMINED IN SECTION24
29-33-108.25
(5) The department shall integrate and consolidate the regional26
transportation plans for the transportation planning regions into a27
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-96- comprehensive statewide transportation plan. The formation of the state1
plan shall be accomplished through a statewide planning process set by2
rules and regulations promulgated by the commission. The state plan shall3
address but shall not be limited to the following factors:4
(i) Effective, efficient, and safe freight transport; and5
(j) Reduction of greenhouse gas emissions
IN A MANNER
6
SUFFICIENT TO MEET THE STATE'S GOALS, AND REDUCTION OF NEAR-ROAD7
AIR POLLUTION; AND8
(k) B
EGINNING DECEMBER 31, 2024, ADDRESS AND ENSURE
9
CONSISTENCY WITH STATE STRATEGIC GROWTH OBJECTIVES .10
SECTION 13. In Colorado Revised Statutes, 43-4-1103, add11
(2)(e) as follows:12
43-4-1103. Multimodal transportation options fund - creation13
- revenue sources for fund - use of fund. (2) (e) F
EE REVENUES FROM
14
THE MULTIMODAL TRANSPORTATION OPTIONS FUND GENERATED ON OR15
AFTER JANUARY 1, 2025, AND OTHER STATE FUNDS TRANSFERRED TO THE16
MULTIMODAL TRANSPORTATION OPTIONS F UND ON OR AFTER JULY 1, 2024,17
SHALL ONLY BE MADE FOR MULTIMODAL PROJECTS THAT THE DEPARTMENT18
DETERMINES ARE CONSISTENT WITH STATE STRATEGIC GROWTH19
OBJECTIVES, AS DETERMINED IN SECTION 29-33-108. THE STATE GROWTH20
OBJECTIVES MUST BE CLEARLY ARTICULATED IN A PROJECT 'S21
REQUIREMENTS OF PROSPECTIVE FUNDING RECIPIENTS .22
SECTION 14. Appropriation. (1) For the 2023-24 state fiscal23
year, $15,000,000 is appropriated to the housing plans assistance fund24
created in section 29-33-112 (3)(a), C.R.S. This appropriation is from the25
general fund. The department of local affairs is responsible for the26
accounting related to this appropriation.27
213
-97- (2) For the 2023-24 state fiscal year, $15,102,556 is appropriated1
to the department of local affairs. This appropriation consists of $102,5562
from the general fund and $15,000,000 reappropriated funds from the3
housing plans assistance fund received under subsection (1) of this4
section. To implement this act, the department may use this appropriation5
as follows:6
(a) $60,838 general fund for use by the state demography office7
for program costs, which amount is based on an assumption that the8
office will require an additional 0.6 FTE;9
(b) $37,708 general fund for use by the division of housing for10
personal services, which amount is based on an assumption that the office11
will require an additional 0.5 FTE;12
(c) $4,010 general fund for use by the division of housing for13
operating expenses; and14
(d) $15,000,000 reappropriated funds from the housing plans15
assistance fund received under subsection (1) of this section for use by the16
division of local government for the local land use assistance program,17
which amount is based on an assumption that the division will require an18
additional 10.4 FTE. Any money appropriated in this subsection (2)(d)19
not expended prior to July 1, 2024 is further appropriated for the 2024-2520
and 2025-26 state fiscal years for the same purpose.21
(3) For the 2023-24 state fiscal year, $78,529 is appropriated to22
the department of natural resources. This appropriation is from the23
general fund. To implement this act, the department may use this24
appropriation as follows:25
(a) $70,509 for use by the executive director's office for personal26
services, which amount is based on an assumption that the office will27
213
-98- require an additional 0.9 FTE; and1
(b) $8,020 for use by the executive director's office for operating2
expenses.3
(4) For the 2023-24 state fiscal year, $27,001 is appropriated to4
the office of the governor for use by the Colorado energy office. This5
appropriation is from the general fund and is based on an assumption that6
the office will require an additional 0.2 FTE. To implement this act, the7
office may use this appropriation for program administration.8
SECTION 15. Safety clause. The general assembly hereby finds,9
determines, and declares that this act is necessary for the immediate10
preservation of the public peace, health, or safety.11
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