12 | | - | ONCERNING PROVISIONS TO FACILITATE THE EFFECTIVE IMPLEMENTATION |
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13 | | - | OF PROGRAMS FOR AFFORDABLE HOUSING |
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14 | | - | , AND, IN CONNECTION |
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15 | | - | THEREWITH |
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16 | | - | , ADDING ANNUAL REPORTING REQUIREMENTS BY THE |
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17 | | - | DIVISION OF HOUSING CONCERNING APPLICATIONS FOR AFFORDABLE |
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18 | | - | HOUSING PROGRAMS AND MONEY IN AND ISSUED FROM THE HOUSING |
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19 | | - | DEVELOPMENT GRANT FUND |
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20 | | - | ; CREATING A PROCESS FOR REVIEWING |
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21 | | - | AND APPROVING APPLICATIONS FOR ALL AFFORDABLE HOUSING |
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22 | | - | PROGRAMS BY THE DIVISION OF HOUSING |
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23 | | - | ; MAKING MODIFICATIONS TO |
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24 | | - | THE |
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25 | | - | "CITY HOUSING LAW" TO ALLOW A CITY TO OWN OR LEASE AND |
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26 | | - | MANAGE |
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27 | | - | , OPERATE, OR MAINTAIN, OR CONTRACT FOR MANAGEMENT , |
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28 | | - | OPERATION, OR MAINTENANCE OF HOUSING PROJECTS ; AND |
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29 | | - | SPECIFYING THE REQUIREMENTS FOR AN APPLICATION AND ANNUAL |
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30 | | - | REPORTS FOR PURPOSES OF A PROPERTY TAX EXEMPTION FOR A |
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31 | | - | NOTE: This bill has been prepared for the signatures of the appropriate legislative |
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32 | | - | officers and the Governor. To determine whether the Governor has signed the bill |
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33 | | - | or taken other action on it, please consult the legislative status sheet, the legislative |
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34 | | - | history, or the Session Laws. |
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35 | | - | ________ |
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36 | | - | Capital letters or bold & italic numbers indicate new material added to existing law; dashes |
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37 | | - | through words or numbers indicate deletions from existing law and such material is not part of |
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38 | | - | the act. COMMUNITY LAND TRUST OR NONPROFIT AFFORDABLE |
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39 | | - | HOMEOWNERSHIP DEVELOPER FOR PROPERTY THAT HAS BEEN |
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40 | | - | SUBDIVIDED |
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41 | | - | . |
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42 | | - | |
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43 | | - | Be it enacted by the General Assembly of the State of Colorado: |
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44 | | - | SECTION 1. Legislative declaration. (1) The general assembly |
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45 | | - | finds and declares that: |
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46 | | - | (a) The lack of timely affordable housing grants and loans directly |
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47 | | - | impacts the market ability to generate new affordable housing opportunities; |
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48 | | - | (b) The goals of the division of housing's grant and loan programs |
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49 | | - | should be to address housing needs throughout the state, serve populations |
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50 | | - | with the greatest unmet need, optimize the housing stability of households |
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51 | | - | served, and promote the sustainability of affordable housing development |
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52 | | - | projects rather than maximizing financial returns to the state; |
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53 | | - | (c) The division of housing should seek to find balance in providing |
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54 | | - | project subsidy levels that support the overall health, resiliency, and ability |
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55 | | - | to advance the work of mission-based organizations without |
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56 | | - | over-subsidizing projects or strictly forcing these organizations to maximize |
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57 | | - | debt leverage or functionally eliminate cash flow; |
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58 | | - | (d) The grant, loan, and overall fund administration practices of the |
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59 | | - | division of housing over the last three years have resulted in measurable |
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60 | | - | project delays including time lost and increased fiscal costs from higher |
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61 | | - | interest and holding costs; |
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62 | | - | (e) The current grant and fund administrative practices of the |
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63 | | - | division of housing limit the ability of nonprofit housing providers and |
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64 | | - | housing authorities to deliver affordable housing to Colorado residents who |
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65 | | - | need it; |
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66 | | - | (f) A streamlined and transparent process for awarding the division |
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67 | | - | of housing's limited pool of housing development funding sources to all |
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68 | | - | housing resources administered by the division of housing will optimize the |
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69 | | - | outcomes of a particular program or particular use to the benefit of residents |
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70 | | - | served through affordable housing development projects; |
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71 | | - | PAGE 2-HOUSE BILL 24-1308 (g) A sustainable and stable network of affordable housing providers |
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72 | | - | will result in the creation, operation, and preservation of income-restricted |
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73 | | - | affordable housing stock for low- and moderate-income households; |
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74 | | - | (h) Streamlining the review and award process, including providing |
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75 | | - | transparent expectations on process and timing, reducing administrative |
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76 | | - | barriers, and providing clear guidelines for submission and awards, is |
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77 | | - | fundamental to the financial sustainability of grantees and awardees and the |
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78 | | - | success of affordable housing development projects; and |
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79 | | - | (i) Streamlining the review and award process will support the |
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80 | | - | preservation of naturally occurring and subsidized affordable housing. |
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81 | | - | (2) The general assembly further finds that it is necessary for the |
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82 | | - | state to improve the efficiency and timelines of the application and award |
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83 | | - | process of affordable housing development grant and loan money. |
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84 | | - | SECTION 2. In Colorado Revised Statutes, 24-32-705, add (1)(x) |
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85 | | - | as follows: |
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86 | | - | 24-32-705. Functions of division. (1) The division has the |
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87 | | - | following functions: |
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| 14 | + | ONCERNING PROVISIONS TO FACILITATE THE EFFECTIVE101 |
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| 15 | + | IMPLEMENTATION OF PROGRAMS FOR AFFORDABLE HOUSING ,102 |
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| 16 | + | AND, IN CONNECTION THEREWITH , ADDING ANNUAL REPORTING103 |
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| 17 | + | REQUIREMENTS BY THE DIVISION OF HOUSING CONCERNING104 |
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| 18 | + | APPLICATIONS FOR AFFORDABLE HOUSING PROGRAMS AND105 |
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| 19 | + | MONEY IN AND ISSUED FROM THE HOUSING DEVELOPMENT106 |
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| 20 | + | GRANT FUND; CREATING A PROCESS FOR REVIEWING AND107 |
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| 21 | + | APPROVING APPLICATIONS FOR ALL AFFORDABLE HOUSING108 |
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| 22 | + | PROGRAMS BY THE DIVISION OF HOUSING ; MAKING109 |
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| 23 | + | MODIFICATIONS TO THE "CITY HOUSING LAW" TO ALLOW A110 |
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| 24 | + | CITY TO OWN OR LEASE AND MANAGE, OPERATE, OR MAINTAIN,111 |
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| 25 | + | OR CONTRACT FOR MANAGEMENT , OPERATION , OR112 |
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| 26 | + | MAINTENANCE OF HOUSING PROJECTS ; AND SPECIFYING THE113 |
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| 27 | + | SENATE |
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| 28 | + | 3rd Reading Unamended |
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| 29 | + | May 4, 2024 |
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| 30 | + | SENATE |
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| 31 | + | 2nd Reading Unamended |
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| 32 | + | May 3, 2024 |
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| 33 | + | HOUSE |
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| 34 | + | 3rd Reading Unamended |
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| 35 | + | April 24, 2024 |
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| 36 | + | HOUSE |
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| 37 | + | Amended 2nd Reading |
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| 38 | + | April 20, 2024 |
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| 39 | + | HOUSE SPONSORSHIP |
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| 40 | + | Frizell and Lindstedt, Amabile, Bacon, Bird, Boesenecker, Brown, Clifford, Daugherty, |
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| 41 | + | Duran, Epps, Froelich, Garcia, Hamrick, Hernandez, Jodeh, Joseph, Kipp, Lieder, Lindsay, |
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| 42 | + | Lukens, Mabrey, Marshall, Marvin, McCluskie, McCormick, Ortiz, Parenti, Rutinel, Sirota, |
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| 43 | + | Snyder, Story, Titone, Valdez, Velasco, Vigil, Willford, Woodrow, Young |
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| 44 | + | SENATE SPONSORSHIP |
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| 45 | + | Gonzales, Bridges, Buckner, Coleman, Cutter, Exum, Jaquez Lewis, Kolker, Michaelson |
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| 46 | + | Jenet, Mullica, Priola, Roberts, Winter F. |
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| 47 | + | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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| 48 | + | Capital letters or bold & italic numbers indicate new material to be added to existing law. |
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| 49 | + | Dashes through the words or numbers indicate deletions from existing law. REQUIREMENTS FOR AN APPLICATION AND ANNUAL REPORTS101 |
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| 50 | + | FOR PURPOSES OF A PROPERTY TAX EXEMPTION FOR A102 |
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| 51 | + | COMMUNITY LAND TRUST OR NONPROFIT AFFORDABLE103 |
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| 52 | + | HOMEOWNERSHIP DEVELOPER FOR PROPERTY THAT HAS BEEN104 |
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| 53 | + | SUBDIVIDED.105 |
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| 54 | + | Bill Summary |
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| 55 | + | (Note: This summary applies to this bill as introduced and does |
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| 56 | + | not reflect any amendments that may be subsequently adopted. If this bill |
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| 57 | + | passes third reading in the house of introduction, a bill summary that |
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| 58 | + | applies to the reengrossed version of this bill will be available at |
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| 59 | + | http://leg.colorado.gov |
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| 60 | + | .) |
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| 61 | + | Under current law, the division of housing (division) within the |
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| 62 | + | department of local affairs must submit an annual public report on the |
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| 63 | + | funding of affordable housing preservation and production (public |
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| 64 | + | report). The bill requires the division to add to the public report |
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| 65 | + | information on applications for affordable housing programs that the |
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| 66 | + | division administers, including the number of applications approved, |
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| 67 | + | denied, and pending, the amount of money awarded from approved |
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| 68 | + | applications, and the amount of money applied for but not awarded from |
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| 69 | + | denied applications. The bill also requires the division to add to the public |
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| 70 | + | report information regarding money in the housing development grant |
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| 71 | + | fund, including amounts in the fund and the use of the money in the |
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| 72 | + | preceding year. |
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| 73 | + | The bill also establishes procedures and timelines for the division |
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| 74 | + | to follow for affordable housing programs administered by the division. |
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| 75 | + | The bill requires that the division accept applications once a month or on |
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| 76 | + | a rolling basis and requires that the division review applications and issue |
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| 77 | + | any requests for additional information, forms, or questions to applicants |
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| 78 | + | within 10 calendar days of an application period closing. The division |
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| 79 | + | must either issue final decisions on applications or submit applications to |
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| 80 | + | the board of housing for final decision within 45 days following the |
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| 81 | + | submission of completed applications. If applications are submitted to the |
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| 82 | + | state housing board, the state housing board must make a final decision |
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| 83 | + | on an application within 15 days of receiving the application. |
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| 84 | + | After a final decision approving an application, the division shall |
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| 85 | + | issue an award letter that includes information on the timeline for issuing |
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| 86 | + | money to the applicant, any terms for a loan or grant period, and any |
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| 87 | + | conditions that must be met before a contract in connection with the |
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| 88 | + | approval is executed. The division shall also provide a draft contract to |
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| 89 | + | the approved applicant within 30 days of the application being approved. |
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| 90 | + | 1308-2- Within 90 days of the division receiving a substantially complete |
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| 91 | + | post-award due diligence package from an approved applicant, the |
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| 92 | + | division shall execute any required contracts for the affordable housing |
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| 93 | + | program and send it to the approved applicant within 10 days of |
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| 94 | + | execution. |
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| 95 | + | The bill also amends existing grant, loan, or other affordable |
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| 96 | + | housing programs administered by the division to require the application |
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| 97 | + | process to be followed for any applications submitted under these |
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| 98 | + | programs and requires any programs that have adopted policies, |
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| 99 | + | procedures, or guidelines for the application process to be amended if |
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| 100 | + | they are inconsistent with the application process established by the bill. |
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| 101 | + | Under current law, a local government or tribal government |
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| 102 | + | desiring to receive funding from the statewide affordable housing fund or |
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| 103 | + | desiring to make affordable housing projects within its territorial |
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| 104 | + | boundaries eligible for funding from the statewide affordable housing |
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| 105 | + | fund must establish a baseline number of affordable housing units within |
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| 106 | + | its territorial boundaries every 3 years, beginning in 2024, and commit to |
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| 107 | + | increasing affordable housing units by 3% each year over the baseline |
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| 108 | + | number within that 3-year period (affordable housing unit requirements). |
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| 109 | + | The bill allows a local government or tribal government to donate |
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| 110 | + | land to a community land trust or a nonprofit affordable homeownership |
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| 111 | + | developer for development as affordable homeownership property and |
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| 112 | + | receive a credit for the purposes of calculating whether the local |
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| 113 | + | government or the tribal government has met the affordable housing unit |
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| 114 | + | requirements for the year in which the land is donated. The credit is in the |
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| 115 | + | amount of one and one-half units per unit constructed on the donated land |
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| 116 | + | and is claimed when the building permits for the project have been |
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| 117 | + | approved by the applicable building authority. Additionally, a school |
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| 118 | + | district that donates land in the same manner may assign its credit to the |
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| 119 | + | local government or tribal government. |
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| 120 | + | Be it enacted by the General Assembly of the State of Colorado:1 |
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| 121 | + | SECTION 1. Legislative declaration. (1) The general assembly2 |
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| 122 | + | finds and declares that:3 |
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| 123 | + | (a) The lack of timely affordable housing grants and loans directly4 |
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| 124 | + | impacts the market ability to generate new affordable housing5 |
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| 125 | + | opportunities;6 |
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| 126 | + | (b) The goals of the division of housing's grant and loan programs7 |
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| 127 | + | should be to address housing needs throughout the state, serve8 |
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| 128 | + | 1308-3- populations with the greatest unmet need, optimize the housing stability1 |
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| 129 | + | of households served, and promote the sustainability of affordable2 |
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| 130 | + | housing development projects rather than maximizing financial returns to3 |
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| 131 | + | the state;4 |
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| 132 | + | (c) The division of housing should seek to find balance in5 |
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| 133 | + | providing project subsidy levels that support the overall health, resiliency,6 |
---|
| 134 | + | and ability to advance the work of mission-based organizations without7 |
---|
| 135 | + | over-subsidizing projects or strictly forcing these organizations to8 |
---|
| 136 | + | maximize debt leverage or functionally eliminate cash flow;9 |
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| 137 | + | (d) The grant, loan, and overall fund administration practices of10 |
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| 138 | + | the division of housing over the last three years have resulted in11 |
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| 139 | + | measurable project delays including time lost and increased fiscal costs12 |
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| 140 | + | from higher interest and holding costs;13 |
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| 141 | + | (e) The current grant and fund administrative practices of the14 |
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| 142 | + | division of housing limit the ability of nonprofit housing providers and15 |
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| 143 | + | housing authorities to deliver affordable housing to Colorado residents16 |
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| 144 | + | who need it;17 |
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| 145 | + | (f) A streamlined and transparent process for awarding the18 |
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| 146 | + | division of housing's limited pool of housing development funding19 |
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| 147 | + | sources to all housing resources administered by the division of housing20 |
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| 148 | + | will optimize the outcomes of a particular program or particular use to the21 |
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| 149 | + | benefit of residents served through affordable housing development22 |
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| 150 | + | projects;23 |
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| 151 | + | (g) A sustainable and stable network of affordable housing24 |
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| 152 | + | providers will result in the creation, operation, and preservation of25 |
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| 153 | + | income-restricted affordable housing stock for low- and moderate-income26 |
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| 154 | + | households;27 |
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| 155 | + | 1308 |
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| 156 | + | -4- (h) Streamlining the review and award process, including1 |
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| 157 | + | providing transparent expectations on process and timing, reducing2 |
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| 158 | + | administrative barriers, and providing clear guidelines for submission and3 |
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| 159 | + | awards, is fundamental to the financial sustainability of grantees and4 |
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| 160 | + | awardees and the success of affordable housing development projects;5 |
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| 161 | + | and6 |
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| 162 | + | (i) Streamlining the review and award process will support the7 |
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| 163 | + | preservation of naturally occurring and subsidized affordable housing.8 |
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| 164 | + | (2) The general assembly further finds that it is necessary for the9 |
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| 165 | + | state to improve the efficiency and timelines of the application and award10 |
---|
| 166 | + | process of affordable housing development grant and loan money.11 |
---|
| 167 | + | SECTION 2. In Colorado Revised Statutes, 24-32-705, add12 |
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| 168 | + | (1)(x) as follows:13 |
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| 169 | + | 24-32-705. Functions of division. (1) The division has the14 |
---|
| 170 | + | following functions:15 |
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89 | | - | O OPTIMIZE THE OUTCOMES OF A PARTICULAR PROGRAM OR |
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90 | | - | PARTICULAR USE TO THE BENEFIT OF HOUSEHOLDS SERVED IN A MANNER |
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91 | | - | THAT OPTIMIZES THE SOCIOECONOMIC AND HOUSING STABILITY OUTCOMES |
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92 | | - | OF HOUSEHOLDS SERVED |
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93 | | - | ; OPTIMIZES THE FINANCIAL SUSTAINABILITY OF AN |
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94 | | - | AFFORDABLE HOUSING PROJECT OR PROGRAM |
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95 | | - | ; OPTIMIZES THE CREATION, |
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96 | | - | OPERATION, AND AFFORDABILITY LENGTH OF AFFORDABLE HOUSING STOCK |
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97 | | - | CREATED |
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98 | | - | ; OPTIMIZES THE PRESERVATION OF NATURALLY OCCURRING AND |
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99 | | - | SUBSIDIZED AFFORDABLE HOUSING |
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100 | | - | ; CONSIDERS THE IMPACT OF AWARD |
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101 | | - | TERMS ON THE FINANCIAL STABILITY OF THE ORGANIZATIONS DELIVERING |
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102 | | - | DEVELOPMENT PROJECTS AND RESIDENT SERVICES |
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103 | | - | ; LEVERAGES OR IS |
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104 | | - | LEVERAGED BY OTHER AVAILABLE SOURCES OF MONEY |
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105 | | - | ; ADDRESSES |
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106 | | - | HOUSING NEEDS THROUGHOUT THE STATE |
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107 | | - | ; AND SERVES POPULATIONS WITH |
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108 | | - | THE GREATEST UNMET NEED |
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109 | | - | . |
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110 | | - | SECTION 3. In Colorado Revised Statutes, 24-32-705.5, amend |
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111 | | - | (1)(b) and (1)(c); and add (1)(d), (1.3), and (1.5) as follows: |
---|
112 | | - | PAGE 3-HOUSE BILL 24-1308 24-32-705.5. Annual public report on funding of affordable |
---|
113 | | - | housing preservation and production - definitions - repeal. |
---|
114 | | - | (1) Commencing in 2021 and every year thereafter, as part of the |
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115 | | - | department's presentation to its joint committees of reference at a hearing |
---|
116 | | - | held pursuant to section 2-7-203 (2)(a) of the "State Measurement for |
---|
117 | | - | Accountable, Responsive, and Transparent (SMART) Government Act", in |
---|
118 | | - | accordance with this section, the division shall prepare a public report that |
---|
119 | | - | specifies the total amount of money that: |
---|
120 | | - | (b) The division or the board has awarded from any federal, state, |
---|
121 | | - | other public, or any private source during the prior fiscal year in the form |
---|
122 | | - | of a grant, contract, or loan to promote the preservation or production of |
---|
123 | | - | emergency or affordable housing; and |
---|
124 | | - | (c) The division expended during the prior fiscal year on |
---|
125 | | - | administrative costs associated with each funding source identified in |
---|
126 | | - | subsection (1)(a) of this section and the number of full-time employees |
---|
127 | | - | supported by the funding source identified; |
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128 | | - | AND |
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129 | | - | (d) THE DIVISION USES OF EXISTING STATE AND FEDERAL FUNDS TO |
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130 | | - | PROVIDE THE BEST USE OF SUBSIDIES TO MAXIMIZE UNIT PRODUCTION |
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131 | | - | INCLUDING DEVELOPMENTS IN HIGH |
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132 | | - | -NEED, DIFFICULT-TO-DEVELOP AREAS, |
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133 | | - | AND CONFIRMATION OF RULES AND PRACTICES THAT ENSURE DEVELOPMENTS |
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134 | | - | ARE NOT DISQUALIFIED FROM FURTHER SUPPORT FROM THE DIVISION OR THE |
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135 | | - | OFFICE OF ECONOMIC DEVELOPMENT BASED ON PRIOR RECEIPT OF MONEY |
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136 | | - | PURSUANT TO ARTICLE |
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137 | | - | 32 OF TITLE 29. |
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138 | | - | (1.3) F |
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139 | | - | OR THE PUBLIC REPORT REQUIRED PURSUANT TO SUBSECTION |
---|
140 | | - | (1) OF THIS SECTION, FOR 2025 AND EACH YEAR THEREAFTER, THE DIVISION |
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141 | | - | SHALL INCLUDE THE FOLLOWING INFORMATION CONCERNING ANY |
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142 | | - | AFFORDABLE HOUSING PROGRAM ADMINISTERED BY THE DIVISION IN THE |
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143 | | - | YEAR PRECEDING THE YEAR IN WHICH THE PUBLIC REPORT IS PRESENTED |
---|
144 | | - | : |
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| 172 | + | O OPTIMIZE THE OUTCOMES OF A PARTICULAR PROGRAM OR16 |
---|
| 173 | + | PARTICULAR USE TO THE BENEFIT OF HOUSEHOLDS SERVED IN A MANNER17 |
---|
| 174 | + | THAT OPTIMIZES THE SOCIOECONOMIC AND HOUSING STABILITY OUTCOMES18 |
---|
| 175 | + | OF HOUSEHOLDS |
---|
| 176 | + | SERVED; OPTIMIZES THE FINANCIAL SUSTAINABILITY OF19 |
---|
| 177 | + | AN AFFORDABLE HOUSING PROJECT OR PROGRAM; OPTIMIZES THE20 |
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| 178 | + | CREATION, OPERATION, AND AFFORDABILITY LENGTH OF AFFORDABLE21 |
---|
| 179 | + | HOUSING STOCK CREATED; OPTIMIZES THE PRESERVATION OF NATURALLY22 |
---|
| 180 | + | OCCURRING AND SUBSIDIZED AFFORDABLE HOUSING ; CONSIDERS THE23 |
---|
| 181 | + | IMPACT OF AWARD TERMS ON THE FINANCIAL STABILITY OF THE24 |
---|
| 182 | + | ORGANIZATIONS DELIVERING DEVELOPMENT PROJECTS AND RESIDENT25 |
---|
| 183 | + | SERVICES; LEVERAGES OR IS LEVERAGED BY OTHER AVAILABLE SOURCES26 |
---|
| 184 | + | OF MONEY; ADDRESSES HOUSING NEEDS THROUGHOUT THE STATE ; AND27 |
---|
| 185 | + | 1308 |
---|
| 186 | + | -5- SERVES POPULATIONS WITH THE GREATEST UNMET NEED .1 |
---|
| 187 | + | SECTION 3. In Colorado Revised Statutes, 24-32-705.5, amend2 |
---|
| 188 | + | (1)(b) and (1)(c); and add (1)(d), (1.3), and (1.5) as follows:3 |
---|
| 189 | + | 24-32-705.5. Annual public report on funding of affordable4 |
---|
| 190 | + | housing preservation and production - definitions - repeal.5 |
---|
| 191 | + | (1) Commencing in 2021 and every year thereafter, as part of the6 |
---|
| 192 | + | department's presentation to its joint committees of reference at a hearing7 |
---|
| 193 | + | held pursuant to section 2-7-203 (2)(a) of the "State Measurement for8 |
---|
| 194 | + | Accountable, Responsive, and Transparent (SMART) Government Act",9 |
---|
| 195 | + | in accordance with this section, the division shall prepare a public report10 |
---|
| 196 | + | that specifies the total amount of money that:11 |
---|
| 197 | + | (b) The division or the board has awarded from any federal, state,12 |
---|
| 198 | + | other public, or any private source during the prior fiscal year in the form13 |
---|
| 199 | + | of a grant, contract, or loan to promote the preservation or production of14 |
---|
| 200 | + | emergency or affordable housing; and15 |
---|
| 201 | + | (c) The division expended during the prior fiscal year on16 |
---|
| 202 | + | administrative costs associated with each funding source identified in17 |
---|
| 203 | + | subsection (1)(a) of this section and the number of full-time employees18 |
---|
| 204 | + | supported by the funding source identified; AND19 |
---|
| 205 | + | (d) THE DIVISION USES OF EXISTING STATE AND FEDERAL FUNDS TO20 |
---|
| 206 | + | PROVIDE THE BEST USE OF SUBSIDIES TO MAXIMIZE UNIT PRODUCTION21 |
---|
| 207 | + | INCLUDING DEVELOPMENTS IN HIGH-NEED, DIFFICULT-TO-DEVELOP AREAS,22 |
---|
| 208 | + | AND CONFIRMATION OF RULES AND PRACTICES THAT ENSURE23 |
---|
| 209 | + | DEVELOPMENTS ARE NOT DISQUALIFIED FROM FURTHER SUPPORT FROM24 |
---|
| 210 | + | THE DIVISION OR THE OFFICE OF ECONOMIC DEVELOPMENT BASED ON PRIOR25 |
---|
| 211 | + | RECEIPT OF MONEY PURSUANT TO ARTICLE 32 OF TITLE 29.26 |
---|
| 212 | + | (1.3) FOR THE PUBLIC REPORT REQUIRED PURSUANT TO27 |
---|
| 213 | + | 1308 |
---|
| 214 | + | -6- SUBSECTION (1) OF THIS SECTION, FOR 2025 AND EACH YEAR THEREAFTER,1 |
---|
| 215 | + | THE DIVISION SHALL INCLUDE THE FOLLOWING INFORMATION CONCERNING2 |
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| 216 | + | ANY AFFORDABLE HOUSING PROGRAM ADMINISTERED BY THE DIVISION IN3 |
---|
| 217 | + | THE YEAR PRECEDING THE YEAR IN WHICH THE PUBLIC REPORT IS4 |
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| 218 | + | PRESENTED:5 |
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196 | | - | HE AMOUNT OF UNENCUMBERED MONEY IN THE FUND AT THE |
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197 | | - | TIME THE PUBLIC REPORT IS PREPARED |
---|
198 | | - | ; |
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199 | | - | (VI) T |
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200 | | - | HE AMOUNT OF MONEY TRANSFERRED FROM THE FUND TO ANY |
---|
201 | | - | OTHER FUND IN THE YEAR PRIOR TO THE YEAR IN WHICH THE PUBLIC REPORT |
---|
202 | | - | IS PREPARED AND AN IDENTIFICATION OF THE FUNDS TO WHICH MONEY FROM |
---|
203 | | - | PAGE 5-HOUSE BILL 24-1308 THE FUND WAS TRANSFERRED ; |
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204 | | - | (VII) T |
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205 | | - | HE NUMBER OF CONTRACTS DRAFTED AND EXECUTED FOR |
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206 | | - | LOANS OR GRANTS FROM THE FUND AND THE NUMBER OF DAYS IT TOOK TO |
---|
207 | | - | EXECUTE EACH CONTRACT |
---|
208 | | - | . IF THE AVERAGE NUMBER OF DAYS TO EXECUTE |
---|
209 | | - | CONTRACTS INCLUDED IN THE REPORT IS MORE THAN NINETY DAYS |
---|
210 | | - | , THE |
---|
211 | | - | DIVISION SHALL INCLUDE AN EXPLANATION REGARDING THIS AVERAGE AND |
---|
212 | | - | A PLAN TO REDUCE THE AVERAGE TO NINETY DAYS OR LESS |
---|
213 | | - | . |
---|
214 | | - | (VIII) T |
---|
215 | | - | HE AVERAGE NUMBER OF DAYS TO PRODUCE PRELIMINARY |
---|
216 | | - | VERSIONS OF CONTRACTS AFTER MONEY IN THE FUND IS AWARDED TO |
---|
217 | | - | RECIPIENTS |
---|
218 | | - | . IF THE AVERAGE NUMBER OF DAYS TO PRODUCE PRELIMINARY |
---|
219 | | - | VERSIONS OF CONTRACTS INCLUDED IN THE REPORT IS MORE THAN THIRTY |
---|
220 | | - | DAYS |
---|
221 | | - | , THE DIVISION SHALL INCLUDE AN EXPLANATION REGARDING THIS |
---|
222 | | - | AVERAGE AND A PLAN TO REDUCE THE AVERAGE TO THIRTY DAYS OR LESS |
---|
223 | | - | . |
---|
224 | | - | (IX) T |
---|
225 | | - | HE AVERAGE NUMBER OF DAYS FOR RECIPIENTS TO RECEIVE |
---|
226 | | - | SIGNED CONTRACTS AFTER THE CONTRACTS ARE APPROVED AND TERMS ARE |
---|
227 | | - | FINALIZED BY THE DIVISION AND THE RECIPIENT |
---|
228 | | - | . IF THE AVERAGE NUMBER |
---|
229 | | - | OF DAYS FOR RECIPIENTS TO RECEIVE SIGNED CONTRACTS AFTER THE |
---|
230 | | - | CONTRACTS ARE APPROVED AND TERMS ARE FINALIZED IS MORE THAN TEN |
---|
231 | | - | DAYS |
---|
232 | | - | , THE DIVISION SHALL INCLUDE AN EXPLANATION REGARDING THIS |
---|
233 | | - | AVERAGE AND A PLAN TO REDUCE THE AVERAGE TO TEN DAYS OR LESS |
---|
234 | | - | . |
---|
| 323 | + | HE TRANSFORMATIONAL AFFORDABLE HOUSING REVOLVING2 |
---|
| 324 | + | LOAN FUND PROGRAM CREATED IN SECTION 24-32-731 (2)(a); |
---|
| 325 | + | AND3 |
---|
| 326 | + | 4 |
---|
| 327 | + | (VI) ANY OTHER PROGRAM ADMINISTERED OR IMPLEMENTED BY5 |
---|
| 328 | + | THE DIVISION THAT IS RELATED TO AFFORDABLE HOUSING DEVELOPMENT.6 |
---|
| 329 | + | (c) "B |
---|
| 330 | + | OARD" MEANS THE STATE HOUSING BOARD CREATED IN7 |
---|
| 331 | + | SECTION 24-32-706 (1).8 |
---|
| 332 | + | (2) N |
---|
| 333 | + | OTWITHSTANDING ANY PROVISION OF LAW TO THE9 |
---|
| 334 | + | CONTRARY, ALL AFFORDABLE HOUSING PROGRAMS ADMINISTERED OR10 |
---|
| 335 | + | IMPLEMENTED BY THE DIVISION THAT REQUIRE AN APPLICATION PROCESS11 |
---|
| 336 | + | ARE SUBJECT TO THE PROVISIONS OF THIS SECTION.12 |
---|
| 337 | + | (3) (a) T |
---|
| 338 | + | HE DIVISION SHALL |
---|
| 339 | + | RECEIVE APPLICATIONS FOR13 |
---|
| 340 | + | AFFORDABLE HOUSING PROGRAMS NOT LESS THAN ONCE PER QUARTER14 |
---|
| 341 | + | WHERE A QUARTER IS EVERY THREE MONTHS BEGINNING IN JULY. THE15 |
---|
| 342 | + | DIVISION SHALL PUBLISH THE APPLICATION SCHEDULE FOR THE SECOND16 |
---|
| 343 | + | HALF OF STATE FISCAL YEAR 2024-25 NO LATER THAN NOVEMBER 1, 2024,17 |
---|
| 344 | + | AND SHALL PUBLISH THE APPLICATION SCHEDULE FOR EACH SUBSEQUENT18 |
---|
| 345 | + | STATE FISCAL YEAR NO LATER THAN MAY 1 OF THE PRECEDING STATE19 |
---|
| 346 | + | FISCAL YEAR AND SHALL UPDATE THE SCHEDULE NO LATER THAN SIXTY20 |
---|
| 347 | + | DAYS BEFORE THE START OF THE NEXT QUARTER. IF FOR ANY AFFORDABLE21 |
---|
| 348 | + | HOUSING PROGRAM THE DIVISION WILL NOT BE ACCEPTING APPLICATIONS22 |
---|
| 349 | + | FOR AN UPCOMING QUARTER, THE DIVISION SHALL POST NOTICE OF THIS ON23 |
---|
| 350 | + | ITS WEBSITE AND INCLUDE AN EXPLANATION OF WHY APPLICATIONS FOR24 |
---|
| 351 | + | THE AFFORDABLE HOUSING PROGRAM WILL NOT BE ACCEPTED, WHICH MAY25 |
---|
| 352 | + | INCLUDE THERE BEING INSUFFICIENT REVENUE TO PROVIDE FUNDING FOR26 |
---|
| 353 | + | THE AFFORDABLE HOUSING PROGRAM. NOT LATER THAN TEN CALENDAR27 |
---|
| 354 | + | 1308 |
---|
| 355 | + | -10- DAYS FROM THE DATE THAT A QUARTERLY APPLICATION PERIOD CLOSES,1 |
---|
| 356 | + | THE DIVISION SHALL COMPLETE THE REVIEWING OF ALL APPLICATIONS2 |
---|
| 357 | + | SUBMITTED IN THE APPLICATION PERIOD FOR COMPLETENESS AND ISSUE3 |
---|
| 358 | + | ANY REQUESTS FOR ADDITIONAL INFORMATION , FORMS, OR QUESTIONS TO4 |
---|
| 359 | + | THE APPLICANTS, AS NECESSARY. 5 |
---|
| 360 | + | (b) (I) WITHIN FORTY-FIVE CALENDAR DAYS AFTER A6 |
---|
| 361 | + | COMPLETE APPLICATION IS RECEIVED BY THE DIVISION , AND NO MORE7 |
---|
| 362 | + | THAN FORTY-FIVE CALENDAR DAYS AFTER THE SEVENTEENTH CALENDAR8 |
---|
| 363 | + | DAY FOLLOWING THE DATE AN APPLICATION IS SUBMITTED , THE DIVISION9 |
---|
| 364 | + | SHALL COMPLETE ANY ADDITIONAL REVIEW OF AN APPLICATION THAT MAY10 |
---|
| 365 | + | BE REQUIRED AFTER ITS INITIAL REVIEW REQUIRED BY SUBSECTION (3)(a)11 |
---|
| 366 | + | OF THIS SECTION AND EITHER SEND ALL APPLICATIONS IT DEEMS COMPLETE12 |
---|
| 367 | + | TO THE BOARD FOR FINAL DECISION OR MAKE A FINAL DECISION ON13 |
---|
| 368 | + | APPLICATIONS IT DEEMS COMPLETE , AS APPLICABLE. IF THE DIVISION IS14 |
---|
| 369 | + | UNABLE TO SEND AN APPLICATION TO THE BOARD WITHIN FORTY-FIVE15 |
---|
| 370 | + | DAYS, THE DIVISION SHALL NOTIFY THE APPLICANT OF THE DELAY WITH AN16 |
---|
| 371 | + | EXPLANATION FOR THE DELAY AND THE DATE THAT THE DIVISION WILL17 |
---|
| 372 | + | SEND THE APPLICATION TO THE BOARD .18 |
---|
| 373 | + | (II) THE BOARD SHALL MEET AND M AKE A FINAL DECISION ON 19 |
---|
| 374 | + | COMPLETED APPLICATIONS SUBMITTED TO IT FROM THE DIVISION AT THE20 |
---|
| 375 | + | NEXT REGULARLY SCHEDULED MEETING OF THE BOARD .21 |
---|
| 376 | + | 22 |
---|
| 377 | + | (c) (I) I |
---|
| 378 | + | F THE FINAL DECISION ON AN APPLICATION IS APPROVAL OF23 |
---|
| 379 | + | THE APPLICATION BY THE BOARD OR THE DIVISION , AS APPLICABLE, THE24 |
---|
| 380 | + | DIVISION SHALL NOTIFY THE APPROVED APPLICANT IN WRITING IN25 |
---|
| 381 | + | ACCORDANCE WITH SUBSECTION (3)(c)(II) OF THIS SECTION AND WITHIN26 |
---|
| 382 | + | THIRTY CALENDAR DAYS PROVIDE THE APPROVED APPLICANT WITH A27 |
---|
| 383 | + | 1308 |
---|
| 384 | + | -11- PRELIMINARY DRAFT OF ANY REQUIRED CONTRACTS FOR L OANS OR1 |
---|
| 385 | + | GRANTS AWARDED PURSUANT TO AN AFFORDABLE HOUSING PROGRAM , IF2 |
---|
| 386 | + | APPLICABLE. THE DIVISION HAS NINETY DAYS FROM THE DATE OF3 |
---|
| 387 | + | RECEIVING A SUBSTANTIALLY COMPLETE POST-AWARD DUE DILIGENCE4 |
---|
| 388 | + | PACKAGE FROM THE APPROVED APPLICANT , OR IF NO POST-AWARD DUE5 |
---|
| 389 | + | DILIGENCE IS REQUIRED THEN NINETY DAYS FROM THE DATE OF THE END6 |
---|
| 390 | + | OF THE THIRTY-DAY PERIOD, TO FINALIZE ANY TERMS AND CONDITIONS OF7 |
---|
| 391 | + | APPROVED LOANS OR GRANTS PURSUANT TO AN AFFORDABLE HOUSING8 |
---|
| 392 | + | PROGRAM AND EXECUTE ANY REQUIRED CONTRACTS, BUT THE NINETY DAY9 |
---|
| 393 | + | PERIOD PAUSES FOR THE PERIOD OF TIME AN APPROVED APPLICANT10 |
---|
| 394 | + | RECEIVES A PRELIMINARY DRAFT FROM THE DIVISION OF ANY REQUIRED11 |
---|
| 395 | + | CONTRACT FOR THE AFFORDABLE HOUSING PROGRAM UNTIL THE DIVISION12 |
---|
| 396 | + | RECEIVES THE EXECUTED CONTRACT FROM THE APPROVED APPLICANT.13 |
---|
| 397 | + | THE DIVISION SHALL PROVIDE EXECUTED CONTRACTS TO AN APPROVED14 |
---|
| 398 | + | APPLICANT WITHIN TEN CALENDAR DAYS OF FINALIZING THE CONTRACT .15 |
---|
| 399 | + | (II) L |
---|
| 400 | + | ETTERS OF APPROVAL REQUIRED BY SUBSECTION (3)(c)(I) OF16 |
---|
| 401 | + | THIS SECTION MUST INCLUDE INFORMATION CONCERNING :17 |
---|
| 402 | + | (A) T |
---|
| 403 | + | HE TIMELINE FOR ISSUANCE OF MONEY AS APPROVED BY THE18 |
---|
| 404 | + | DIVISION OR THE BOARD PURSUANT TO THE AFFORDABLE HOUSING19 |
---|
| 405 | + | PROGRAM;20 |
---|
278 | | - | 24-32-706 (1). |
---|
279 | | - | (2) N |
---|
280 | | - | OTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY , |
---|
281 | | - | ALL AFFORDABLE HOUSING PROGRAMS ADMINISTERED OR IMPLEMENTED BY |
---|
282 | | - | THE DIVISION THAT REQUIRE AN APPLICATION PROCESS ARE SUBJECT TO THE |
---|
283 | | - | PROVISIONS OF THIS SECTION |
---|
284 | | - | . |
---|
285 | | - | (3) (a) T |
---|
286 | | - | HE DIVISION SHALL RECEIVE APPLICATIONS FOR AFFORDABLE |
---|
287 | | - | HOUSING PROGRAMS NOT LESS THAN ONCE PER QUARTER WHERE A QUARTER |
---|
288 | | - | IS EVERY THREE MONTHS BEGINNING IN |
---|
289 | | - | JULY. THE DIVISION SHALL PUBLISH |
---|
290 | | - | THE APPLICATION SCHEDULE FOR THE SECOND HALF OF STATE FISCAL YEAR |
---|
291 | | - | 2024-25 NO LATER THAN NOVEMBER 1, 2024, AND SHALL PUBLISH THE |
---|
292 | | - | APPLICATION SCHEDULE FOR EACH SUBSEQUENT STATE FISCAL YEAR NO |
---|
293 | | - | LATER THAN |
---|
294 | | - | MAY 1 OF THE PRECEDING STATE FISCAL YEAR AND SHALL |
---|
295 | | - | UPDATE THE SCHEDULE NO LATER THAN SIXTY DAYS BEFORE THE START OF |
---|
296 | | - | THE NEXT QUARTER |
---|
297 | | - | . IF FOR ANY AFFORDABLE HOUSING PROGRAM THE |
---|
298 | | - | DIVISION WILL NOT BE ACCEPTING APPLICATIONS FOR AN UPCOMING |
---|
299 | | - | QUARTER |
---|
300 | | - | , THE DIVISION SHALL POST NOTICE OF THIS ON ITS WEBSITE AND |
---|
301 | | - | INCLUDE AN EXPLANATION OF WHY APPLICATIONS FOR THE AFFORDABLE |
---|
302 | | - | HOUSING PROGRAM WILL NOT BE ACCEPTED |
---|
303 | | - | , WHICH MAY INCLUDE THERE |
---|
304 | | - | BEING INSUFFICIENT REVENUE TO PROVIDE FUNDING FOR THE AFFORDABLE |
---|
305 | | - | PAGE 7-HOUSE BILL 24-1308 HOUSING PROGRAM. NOT LATER THAN TEN CALENDAR DAYS FROM THE DATE |
---|
306 | | - | THAT A QUARTERLY APPLICATION PERIOD CLOSES |
---|
307 | | - | , THE DIVISION SHALL |
---|
308 | | - | COMPLETE THE REVIEWING OF ALL APPLICATIONS SUBMITTED IN THE |
---|
309 | | - | APPLICATION PERIOD FOR COMPL ETENESS AND ISSUE ANY REQUESTS FOR |
---|
310 | | - | ADDITIONAL INFORMATION |
---|
311 | | - | , FORMS, OR QUESTIONS TO THE APPLICANTS, AS |
---|
312 | | - | NECESSARY |
---|
313 | | - | . |
---|
314 | | - | (b) (I) W |
---|
315 | | - | ITHIN FORTY-FIVE CALENDAR DAYS AFTER A COMPLETE |
---|
316 | | - | APPLICATION IS RECEIVED BY THE DIVISION |
---|
317 | | - | , AND NO MORE THAN FORTY -FIVE |
---|
318 | | - | CALENDAR DAYS AFTER THE SEVENTEENTH CALENDAR DAY FOLLOWING THE |
---|
319 | | - | DATE AN APPLICATION IS SUBMITTED |
---|
320 | | - | , THE DIVISION SHALL COMPLETE ANY |
---|
321 | | - | ADDITIONAL REVIEW OF AN APPLICATION THAT MAY BE REQUIRED AFTER ITS |
---|
322 | | - | INITIAL REVIEW REQUIRED BY SUBSECTION |
---|
323 | | - | (3)(a) OF THIS SECTION AND |
---|
324 | | - | EITHER SEND ALL APPLICATIONS IT DEEMS COMPLETE TO THE BOARD FOR |
---|
325 | | - | FINAL DECISION OR MAKE A FINAL DECISION ON APPLICATIONS IT DEEMS |
---|
326 | | - | COMPLETE |
---|
327 | | - | , AS APPLICABLE. IF THE DIVISION IS UNABLE TO SEND AN |
---|
328 | | - | APPLICATION TO THE BOARD WITHIN FORTY |
---|
329 | | - | -FIVE DAYS, THE DIVISION SHALL |
---|
330 | | - | NOTIFY THE APPLICANT OF THE DELAY WITH AN EXPLANATION FOR THE |
---|
331 | | - | DELAY AND THE DATE THAT THE DIVISION WILL SEND THE APPLICATION TO |
---|
332 | | - | THE BOARD |
---|
333 | | - | . |
---|
334 | | - | (II) T |
---|
335 | | - | HE BOARD SHALL MEET AND MAKE A FINAL DECISION ON |
---|
336 | | - | COMPLETED APPLICATIONS SUBMI TTED TO IT FROM THE DIVISION AT THE |
---|
337 | | - | NEXT REGULARLY SCHEDULED MEETING OF THE BOARD |
---|
338 | | - | . |
---|
339 | | - | (c) (I) I |
---|
340 | | - | F THE FINAL DECISION ON AN APPLICATION IS APPROVAL OF |
---|
341 | | - | THE APPLICATION BY THE BOARD OR THE DIVISION |
---|
342 | | - | , AS APPLICABLE, THE |
---|
343 | | - | DIVISION SHALL NOTIFY THE APPROVED APPLICANT IN WRITING IN |
---|
344 | | - | ACCORDANCE WITH SUBSECTION |
---|
345 | | - | (3)(c)(II) OF THIS SECTION AND WITHIN |
---|
346 | | - | THIRTY CALENDAR DAYS PROVIDE THE APPROVED APPLICANT WITH A |
---|
347 | | - | PRELIMINARY DRAFT OF ANY REQUIRED CONTRACTS FOR LOANS OR GRANTS |
---|
348 | | - | AWARDED PURSUANT TO AN AFFORDABLE HOUSING PROGRAM |
---|
349 | | - | , IF |
---|
350 | | - | APPLICABLE |
---|
351 | | - | . THE DIVISION HAS NINETY DAYS FROM THE DATE OF RECEIVING |
---|
352 | | - | A SUBSTANTIALLY COMPLETE POST |
---|
353 | | - | -AWARD DUE DILIGENCE PACKAGE FROM |
---|
354 | | - | THE APPROVED APPLICANT |
---|
355 | | - | , OR IF NO POST-AWARD DUE DILIGENCE IS |
---|
356 | | - | REQUIRED THEN NINETY DAYS FROM THE DATE OF THE END OF THE |
---|
357 | | - | THIRTY |
---|
358 | | - | -DAY PERIOD, TO FINALIZE ANY TERMS AND CONDITIONS OF |
---|
359 | | - | APPROVED LOANS OR GRANTS PURSUANT TO AN AFFORDABLE HOUSING |
---|
360 | | - | PROGRAM AND EXECUTE ANY REQUIRED CONTRACTS |
---|
361 | | - | , BUT THE NINETY DAY |
---|
362 | | - | PERIOD PAUSES FOR THE PERIOD OF TIME AN APPROVED APPLICANT RECEIVES |
---|
363 | | - | PAGE 8-HOUSE BILL 24-1308 A PRELIMINARY DRAFT FROM THE DIVISION OF ANY REQUIRED CONTRACT FOR |
---|
364 | | - | THE AFFORDABLE HOUSING PROGRAM UNTIL THE DIVISION RECEIVES THE |
---|
365 | | - | EXECUTED CONTRACT FROM THE APPROVED APPLICANT |
---|
366 | | - | . THE DIVISION SHALL |
---|
367 | | - | PROVIDE EXECUTED CONTRACTS TO AN APPROVED APPLICANT WITHIN TEN |
---|
368 | | - | CALENDAR DAYS OF FINALIZING THE CONTRACT |
---|
369 | | - | . |
---|
370 | | - | (II) L |
---|
371 | | - | ETTERS OF APPROVAL REQUIRED BY SUBSECTION (3)(c)(I) OF |
---|
372 | | - | THIS SECTION MUST INCLUDE INFORMATION CONCERNING |
---|
373 | | - | : |
---|
374 | | - | (A) T |
---|
375 | | - | HE TIMELINE FOR ISSUANCE OF MONEY AS APPROVED BY THE |
---|
376 | | - | DIVISION OR THE BOARD PURSUANT TO THE AFFORDABLE HOUSING PROGRAM |
---|
377 | | - | ; |
---|
378 | | - | (B) A |
---|
379 | | - | NY TERMS FOR THE LOAN OR GRANT PERIOD ; AND |
---|
380 | | - | (C) ANY CONDITIONS THAT THE APPROVED APPLICANT MUST MEET |
---|
381 | | - | OR PROVIDE PRIOR TO THE EXECUTION OF CONTRACTS FOR THE LOAN OR |
---|
382 | | - | GRANT PURSUANT TO THE AFFORDABLE HOUSING PROGRAM |
---|
383 | | - | , INCLUDING |
---|
384 | | - | CLOSING OR CURING ANY OUTSTANDING AWARDS UNDER OTHER |
---|
385 | | - | AFFORDABLE HOUSING PROGRAMS |
---|
386 | | - | . |
---|
387 | | - | (d) (I) A |
---|
388 | | - | NY CHANGES TO THE TERMS OF AN APPROVED LOAN OR |
---|
389 | | - | GRANT PURSUANT TO AN AFFORDABLE HOUSING PROGRAM BY THE DIVISION |
---|
390 | | - | MUST BE MADE TO AN APPROVED APPLICANT WITHIN TEN CALENDAR DAYS |
---|
391 | | - | OF THE DATE THE DIVISION ISSUES A LETTER OF APPROVAL REQUIRED |
---|
392 | | - | PURSUANT TO SUBSECTION |
---|
393 | | - | (3)(c)(I) OF THIS SECTION. |
---|
394 | | - | (II) N |
---|
395 | | - | OTWITHSTANDING THE PROVISIONS OF SUBSECTION (3)(d)(I) OF |
---|
396 | | - | THIS SECTION |
---|
397 | | - | , AN APPROVED APPLICANT MAY REQUEST CHANGES TO THE |
---|
398 | | - | TERMS OF AN APPROVED LOAN OR GRANT AT ANY TIME BEFORE THE |
---|
399 | | - | CONTRACT IS FINALIZED AND THE DIVISION SHALL REVIEW AND RESPOND TO |
---|
400 | | - | ANY REQUESTS FOR C HANGES MADE AFTER APPR OVAL OF THE LOAN OR |
---|
401 | | - | GRANT BUT BEFORE THE CONTRACT IS FINALIZED WITHIN THIRTY DAYS |
---|
402 | | - | . A |
---|
403 | | - | REQUEST FOR CHANGES BY AN APPROVED APPLICANT MAY EXTEND ANY |
---|
404 | | - | APPLICABLE TIME PERIOD SET FORTH IN SUBSECTION |
---|
405 | | - | (3)(c)(I) BY NOT MORE |
---|
406 | | - | THAN THIRTY DAYS |
---|
407 | | - | . |
---|
408 | | - | (4) T |
---|
409 | | - | HE DIVISION MAY PROMULGATE RULES FOR THE |
---|
410 | | - | IMPLEMENTATION OF THIS SECTION IN ACCORDANCE WITH ARTICLE |
---|
411 | | - | 4 OF THIS |
---|
412 | | - | TITLE |
---|
413 | | - | 24. |
---|
414 | | - | PAGE 9-HOUSE BILL 24-1308 SECTION 5. In Colorado Revised Statutes, 24-32-717, add (3.7) |
---|
415 | | - | as follows: |
---|
416 | | - | 24-32-717. Housing investment trust fund - loans - definitions. |
---|
417 | | - | (3.7) I |
---|
418 | | - | F APPLICATIONS ARE REQUIRED FOR LOANS PURSUANT TO THIS |
---|
| 443 | + | 6. In Colorado Revised Statutes, 24-32-721, amend25 |
---|
| 444 | + | (2)(e); and add (8) as follows:26 |
---|
| 445 | + | 24-32-721. Colorado affordable housing construction grants27 |
---|
| 446 | + | 1308 |
---|
| 447 | + | -13- and loans - housing development grant fund - creation - housing1 |
---|
| 448 | + | assistance for persons with behavioral, mental health, or substance2 |
---|
| 449 | + | use disorders - cash fund - appropriation - report to general assembly3 |
---|
| 450 | + | - rules - definitions - repeal. (2) (e) In determining how best to allocate4 |
---|
| 451 | + | money to promote the various purposes specified in subsection (2)(d) of5 |
---|
| 452 | + | this section, the division shall consult with stakeholders from urban and6 |
---|
| 453 | + | rural communities and representatives from populations of different7 |
---|
| 454 | + | income levels with diverse housing needs and shall award funding to8 |
---|
| 455 | + | meet the needs of local communities that will optimize the return on9 |
---|
| 456 | + | money invested in a particular program or for a particular use10 |
---|
| 457 | + | SOCIO-ECONOMIC AND HOUSING STABILITY OF OUTCOMES OF HOUSEHOLDS11 |
---|
| 458 | + | SERVED; OPTIMIZE THE CREATION, OPERATION, AND AFFORDABILITY12 |
---|
| 459 | + | LENGTH OF AFFORDABLE HOUSING STOCK CREATED; OPTIMIZE THE13 |
---|
| 460 | + | PRESERVATION OF NATURALLY OCCURRING AND SUBSIDIZED AFFORDABLE14 |
---|
| 461 | + | HOUSING; CONSIDER THE IMPACT OF AWARD TERMS ON THE FINANCIAL15 |
---|
| 462 | + | STABILITY OF THE ORGANIZATIONS DELIVERING THESE DEVELOPMENT16 |
---|
| 463 | + | PROJECTS AND RESIDENT SERVICES; leverage OR BE LEVERAGED BY other17 |
---|
| 464 | + | available PUBLIC OR PRIVATE sources of money; BE LAYERED WITH OTHER18 |
---|
| 465 | + | FUNDS ADMINISTERED BY THE STATE ; address housing needs throughout19 |
---|
| 466 | + | the state; and serve populations with the greatest unmet need. THE20 |
---|
| 467 | + | DIVISION MAY EVALUATE AND AWARD FUNDING OPPORTUNITIES AT ALL21 |
---|
| 468 | + | STAGES OF A PROJECT, INCLUDING PREDEVELOPMENT AND FIRST-IN22 |
---|
| 469 | + | CATALYTIC FUND COMMITMENTS .23 |
---|
| 470 | + | 24 |
---|
| 471 | + | (8) I |
---|
| 472 | + | F APPLICATIONS ARE REQUIRED FOR MONEY FROM THE FUND25 |
---|
| 473 | + | PURSUANT TO THIS SECTION , THE APPLICATION PROCESS MUST BE IN26 |
---|
| 474 | + | ACCORDANCE WITH THE PROCESS SET FORTH IN SECTION 24-32-705.7.27 |
---|
| 475 | + | 1308 |
---|
| 476 | + | -14- SECTION 7. In Colorado Revised Statutes, 24-32-721.7, add1 |
---|
| 477 | + | (1)(c) as follows:2 |
---|
| 478 | + | 24-32-721.7. Affordable housing guided toolkit and local3 |
---|
| 479 | + | officials guide program - creation. (1) (c) T |
---|
| 480 | + | HE PROCESS FOR4 |
---|
| 481 | + | APPLICATIONS REQUIRED PURSUANT TO THIS SECTION MUST BE IN5 |
---|
| 482 | + | ACCORDANCE WITH THE PROCESS SET FORTH IN SECTION 24-32-705.7.6 |
---|
420 | | - | , THE APPLICATION PROCESS MUST BE IN ACCORDANCE WITH THE |
---|
421 | | - | PROCESS SET FORTH IN SECTION |
---|
422 | | - | 24-32-705.7. |
---|
423 | | - | SECTION 6. In Colorado Revised Statutes, 24-32-721, amend |
---|
424 | | - | (2)(e); and add (8) as follows: |
---|
425 | | - | 24-32-721. Colorado affordable housing construction grants and |
---|
426 | | - | loans - housing development grant fund - creation - housing assistance |
---|
427 | | - | for persons with behavioral, mental health, or substance use disorders |
---|
428 | | - | - cash fund - appropriation - report to general assembly - rules - |
---|
429 | | - | definitions - repeal. (2) (e) In determining how best to allocate money to |
---|
430 | | - | promote the various purposes specified in subsection (2)(d) of this section, |
---|
431 | | - | the division shall consult with stakeholders from urban and rural |
---|
432 | | - | communities and representatives from populations of different income |
---|
433 | | - | levels with diverse housing needs and shall award funding to meet the needs |
---|
434 | | - | of local communities that will optimize the return on money invested in a |
---|
435 | | - | particular program or for a particular use SOCIO-ECONOMIC AND HOUSING |
---|
436 | | - | STABILITY OF OUTCOMES OF HOUSEHOLDS SERVED |
---|
437 | | - | ; OPTIMIZE THE CREATION, |
---|
438 | | - | OPERATION, AND AFFORDABILITY LENGTH OF AFFORDABLE HOUSING STOCK |
---|
439 | | - | CREATED |
---|
440 | | - | ; OPTIMIZE THE PRESERVATION OF NATURALLY OCCURRING AND |
---|
441 | | - | SUBSIDIZED AFFORDABLE HOUSING |
---|
442 | | - | ; CONSIDER THE IMPACT OF AWARD TERMS |
---|
443 | | - | ON THE FINANCIAL STABILITY OF THE ORGANIZATIONS DELIVERING THESE |
---|
444 | | - | DEVELOPMENT PROJECTS AND RESIDENT SERVICES |
---|
445 | | - | ; leverage OR BE |
---|
446 | | - | LEVERAGED BY |
---|
447 | | - | other available PUBLIC OR PRIVATE sources of money; BE |
---|
448 | | - | LAYERED WITH OTHER FUNDS ADMINISTERED BY THE STATE |
---|
449 | | - | ; address housing |
---|
450 | | - | needs throughout the state; and serve populations with the greatest unmet |
---|
451 | | - | need. T |
---|
452 | | - | HE DIVISION MAY EVALUATE AND AWARD FUNDING OPPORTUNITIES |
---|
453 | | - | AT ALL STAGES OF A PROJECT |
---|
454 | | - | , INCLUDING PREDEVELOPMENT AND FIRST -IN |
---|
455 | | - | CATALYTIC FUND COMMITMENTS |
---|
456 | | - | . |
---|
457 | | - | (8) I |
---|
458 | | - | F APPLICATIONS ARE REQUIRED FOR MONEY FROM THE FUND |
---|
459 | | - | PURSUANT TO THIS SECTION |
---|
460 | | - | , THE APPLICATION PROCESS MUST BE IN |
---|
461 | | - | ACCORDANCE WITH THE PROCESS SET FORTH IN SECTION |
---|
462 | | - | 24-32-705.7. |
---|
463 | | - | SECTION 7. In Colorado Revised Statutes, 24-32-721.7, add (1)(c) |
---|
464 | | - | PAGE 10-HOUSE BILL 24-1308 as follows: |
---|
465 | | - | 24-32-721.7. Affordable housing guided toolkit and local officials |
---|
466 | | - | guide program - creation. (1) (c) T |
---|
467 | | - | HE PROCESS FOR APPLICATIONS |
---|
468 | | - | REQUIRED PURSUANT TO THIS SECTION MUST BE IN ACCORDANCE WITH THE |
---|
469 | | - | PROCESS SET FORTH IN SECTION |
---|
470 | | - | 24-32-705.7. |
---|
471 | | - | SECTION 8. In Colorado Revised Statutes, 24-32-729, add (3)(a.5) |
---|
472 | | - | as follows: |
---|
473 | | - | 24-32-729. Transformational affordable housing through local |
---|
474 | | - | investments - grant program - investments eligible for funding - report |
---|
475 | | - | - definitions - repeal. (3) Policies, procedures, and guidelines. (a.5) T |
---|
476 | | - | HE |
---|
477 | | - | APPLICATION PROCESS FOR THE GRANT PROGRAM MUST BE IN ACCORDANCE |
---|
478 | | - | WITH THE PROCESS SET FORTH IN SECTION |
---|
479 | | - | 24-32-705.7. ON OR BEFORE |
---|
480 | | - | SEPTEMBER 1, 2024, THE DIVISION SHALL AMEND ANY POLICIES , |
---|
481 | | - | PROCEDURES, AND GUIDELINES FOR THE GRANT PROGRAM THAT ARE NOT |
---|
482 | | - | CONSISTENT WITH THE APPLICATION PROCESS SET FORTH IN SECTION |
---|
483 | | - | 24-32-705.7. |
---|
484 | | - | SECTION 9. In Colorado Revised Statutes, 24-32-731, add (5)(a.5) |
---|
485 | | - | as follows: |
---|
486 | | - | 24-32-731. Revolving loan fund - eligible projects - report - |
---|
487 | | - | definitions - legislative declaration. (5) Loan program policies - |
---|
| 484 | + | 8. In Colorado Revised Statutes, 24-32-729, add7 |
---|
| 485 | + | (3)(a.5) as follows:8 |
---|
| 486 | + | 24-32-729. Transformational affordable housing through local9 |
---|
| 487 | + | investments - grant program - investments eligible for funding -10 |
---|
| 488 | + | report - definitions - repeal. (3) Policies, procedures, and guidelines.11 |
---|
| 489 | + | (a.5) T |
---|
| 490 | + | HE APPLICATION PROCESS FOR THE GRANT PROGRAM MUST BE IN12 |
---|
| 491 | + | ACCORDANCE WITH THE PROCESS SET FORTH IN SECTION 24-32-705.7. ON13 |
---|
| 492 | + | OR BEFORE SEPTEMBER 1, 2024, THE DIVISION SHALL AMEND ANY14 |
---|
| 493 | + | POLICIES, PROCEDURES, AND GUIDELINES FOR THE GRANT PROGRAM THAT15 |
---|
| 494 | + | ARE NOT CONSISTENT WITH THE APPLICATION PROCESS SET FORTH IN16 |
---|
| 495 | + | SECTION 24-32-705.7.17 |
---|
| 496 | + | SECTION |
---|
| 497 | + | 9. In Colorado Revised Statutes, 24-32-731, add18 |
---|
| 498 | + | (5)(a.5) as follows:19 |
---|
| 499 | + | 24-32-731. Revolving loan fund - eligible projects - report -20 |
---|
| 500 | + | definitions - legislative declaration. (5) Loan program policies -21 |
---|
489 | | - | HE APPLICATION PROCESS FOR THE |
---|
490 | | - | LOAN PROGRAM MUST BE IN ACCORDANCE WITH THE PROCESS SET FORTH IN |
---|
491 | | - | SECTION |
---|
492 | | - | 24-32-705.7. ON OR BEFORE SEPTEMBER 1, 2024, THE DIVISION |
---|
493 | | - | SHALL AMEND ANY POLICIES |
---|
494 | | - | , PROCEDURES, AND GUIDELINES FOR THE GRANT |
---|
495 | | - | PROGRAM THAT ARE NOT CONSISTENT WI TH THE APPLICATION PROCESS SET |
---|
496 | | - | FORTH IN SECTION |
---|
497 | | - | 24-32-705.7. |
---|
498 | | - | SECTION 10. In Colorado Revised Statutes, 29-4-103, amend (9) |
---|
499 | | - | as follows: |
---|
500 | | - | 29-4-103. Definitions. As used in this part 1, unless the context |
---|
501 | | - | otherwise requires: |
---|
502 | | - | (9) "Housing project" means all real and personal property, |
---|
503 | | - | buildings and improvements, stores, offices, lands for farming and |
---|
504 | | - | PAGE 11-HOUSE BILL 24-1308 gardening, and community facilities acquired, constructed, or to be acquired |
---|
505 | | - | or constructed pursuant to a single plan or undertaking to demolish, clear, |
---|
506 | | - | remove, alter, or repair unsafe, unsanitary, or substandard housing or to |
---|
507 | | - | provide dwelling accommodations at rentals within the means of persons of |
---|
508 | | - | low income. The term "housing project" also means the planning of the |
---|
509 | | - | buildings and improvements, the acquisition of property, the demolition of |
---|
510 | | - | existing structures, the construction, reconstruction, alteration, and repair |
---|
511 | | - | of the improvements, and all other work in connection therewith. T |
---|
512 | | - | HE TERM |
---|
513 | | - | "HOUSING PROJECT" ALSO MEANS THE PROVISION OF DWELLING |
---|
514 | | - | ACCOMMODATIONS TO PERSONS |
---|
515 | | - | , WITHOUT REGARD TO INCOME, AS LONG AS |
---|
516 | | - | THE HOUSING PROJECT SUBSTANTIALLY BENEFITS PERSONS OF LOW INCOME |
---|
517 | | - | . |
---|
518 | | - | SECTION 11. In Colorado Revised Statutes, 29-4-104, amend |
---|
519 | | - | (1)(a) and (1)(k); and add (1)(l) as follows: |
---|
520 | | - | 29-4-104. Powers of cities to undertake projects. (1) Every city |
---|
521 | | - | has power and is authorized: |
---|
522 | | - | (a) To construct, |
---|
523 | | - | ACQUIRE, OWN, OR LEASE any housing project |
---|
524 | | - | within the city; |
---|
525 | | - | (k) To do all acts and things necessary or convenient to carry out the |
---|
526 | | - | powers expressly given in this part 1; |
---|
527 | | - | AND |
---|
528 | | - | (l) TO MANAGE, OPERATE, AND MAINTAIN, OR CONTRACT FOR THE |
---|
529 | | - | MANAGEMENT |
---|
530 | | - | , OPERATION, AND MAINTENANCE, OF ANY HOUSING PROJECT |
---|
531 | | - | OWNED OR LEASED BY THE CITY |
---|
532 | | - | . |
---|
533 | | - | SECTION 12. In Colorado Revised Statutes, amend 29-4-107 as |
---|
534 | | - | follows: |
---|
535 | | - | 29-4-107. Management of housing projects. (1) The city, shall |
---|
536 | | - | AT |
---|
537 | | - | THE CITY |
---|
538 | | - | 'S SOLE AND ABSOLUTE DISCRETION, MAY: |
---|
539 | | - | (a) C |
---|
540 | | - | ONTRACT WITH A NONPROFIT ENTITY OR PRIVATE ENTITY TO |
---|
541 | | - | MANAGE |
---|
542 | | - | , MAINTAIN, AND OPERATE ANY HOUSING PROJECT CONSTRUCTED , |
---|
543 | | - | ACQUIRED, OWNED, OR LEASED BY THE CITY; OR |
---|
544 | | - | (b) Deliver possession of any housing projects constructed, |
---|
545 | | - | acquired, |
---|
546 | | - | OWNED, or leased by it |
---|
547 | | - | THE CITY to the authority within the |
---|
548 | | - | PAGE 12-HOUSE BILL 24-1308 boundaries of which the city is included, but the title to all property |
---|
549 | | - | comprising such housing projects shall remain in the city. The authority |
---|
550 | | - | shall operate and maintain all such |
---|
551 | | - | housing projects of the city THAT THE |
---|
552 | | - | CITY HAS DELIVERED POSSESSION OF IN ACCORDANCE WITH THIS SUBSECTION |
---|
553 | | - | (1)(b) and shall fix, levy, and collect such rents, fees, or other charges for |
---|
554 | | - | the use and occupancy of such housing projects as such authority |
---|
555 | | - | determines; but if there are any agreements of the city with an obligee, the |
---|
556 | | - | authority shall fix, levy, collect, and revise such rents, fees, and other |
---|
557 | | - | charges in accordance with such agreements and subject thereto. All rents, |
---|
558 | | - | fees, and other charges received by the authority from any such housing |
---|
559 | | - | project shall not be commingled with any moneys |
---|
560 | | - | MONEY of the authority |
---|
561 | | - | and shall be deposited in a special account in any depository authorized in |
---|
562 | | - | section 24-75-603. C.R.S. |
---|
563 | | - | (2) After the payment of the cost of operation and maintenance of |
---|
564 | | - | such A housing project THAT THE CITY DELIVERS POSSESSION OF TO THE |
---|
565 | | - | AUTHORITY PURSUANT TO SUBSECTION |
---|
566 | | - | (1)(b) OF THIS SECTION, the net |
---|
567 | | - | receipts of such project shall be paid by the authority to the city at monthly |
---|
568 | | - | or longer intervals as the city may determine or at such intervals as shall be |
---|
569 | | - | provided for in any agreement by the city with an obligee. |
---|
570 | | - | SECTION 13. In Colorado Revised Statutes, 29-4-209, amend |
---|
571 | | - | (1)(f) as follows: |
---|
572 | | - | 29-4-209. Powers of authority. (1) An authority shall constitute a |
---|
573 | | - | body both corporate and politic, exercising public powers and having all the |
---|
574 | | - | powers necessary or convenient to carry out and effectuate the purposes and |
---|
575 | | - | provisions of this part 2, including the following powers in addition to |
---|
576 | | - | others granted in this section: |
---|
577 | | - | (f) To manage as agent of the city any project constructed or owned |
---|
578 | | - | by the city |
---|
579 | | - | THAT THE CITY DELIVERS POSSESSION OF TO THE AUTHORITY |
---|
580 | | - | PURSUANT TO SECTION |
---|
581 | | - | 29-4-107 (1)(b); |
---|
582 | | - | SECTION 14. In Colorado Revised Statutes, 39-3-127.7, amend |
---|
583 | | - | (7) as follows: |
---|
584 | | - | 39-3-127.7. Community land trust property - nonprofit |
---|
585 | | - | affordable homeownership developer property - exemption - |
---|
586 | | - | requirements - legislative declaration - definitions. (7) (a) Any |
---|
587 | | - | PAGE 13-HOUSE BILL 24-1308 community land trust or nonprofit affordable homeownership developer that |
---|
588 | | - | claims a property tax exemption pursuant to this section shall comply with |
---|
589 | | - | the provisions of section 39-2-117; |
---|
590 | | - | EXCEPT THAT IF THE REAL PROPERTY |
---|
591 | | - | THAT IS ALLOWED AN EXEMPTION PURSUANT TO THIS SECTION HAS BEEN |
---|
592 | | - | SUBDIVIDED |
---|
593 | | - | , THE OWNER OF SUCH PROPERTY OR THE OWNER 'S AGENT IS |
---|
594 | | - | ONLY REQUIRED TO |
---|
595 | | - | : |
---|
596 | | - | (I) S |
---|
597 | | - | UBMIT ONE APPLICATION FOR THE EXEMPTION FOR ALL PARCELS |
---|
598 | | - | IN CONNECTION WITH THE SUBDIVISION PURSUANT TO SECTION |
---|
599 | | - | 39-2-117 |
---|
600 | | - | (1)(a), |
---|
601 | | - | BUT THE FILING MUST BE ACCOMPANIED BY A PAYMENT IN |
---|
602 | | - | ACCORDANCE WITH SECTION |
---|
603 | | - | 39-2-117 (1)(a)(I) IN AN AMOUNT NOT TO |
---|
604 | | - | EXCEED THE AGGREGATE AMOUNT OF PAYMENTS THAT WOULD BE REQUIRED |
---|
605 | | - | IF INDIVIDUAL APPLICATIONS WERE FILED FOR EACH PARCEL |
---|
606 | | - | ; AND |
---|
607 | | - | (II) IF THE EXEMPTION IS GRANTED , FILE ONE ANNUAL REPORT |
---|
608 | | - | PURSUANT TO SECTION |
---|
609 | | - | 39-2-117 (3)(a) FOR ALL PARCELS IN CONNECTION |
---|
610 | | - | WITH THE SUBDIVISION |
---|
611 | | - | , BUT THE FILING MUST BE ACCOMPANIED BY A |
---|
612 | | - | PAYMENT IN ACCORDANCE WITH SECTION |
---|
613 | | - | 39-2-117 (3)(a) IN AN AMOUNT |
---|
614 | | - | NOT TO EXCEED THE AGGREGATE AMOUNT OF PAYMENTS THAT WOULD BE |
---|
615 | | - | REQUIRED IF INDIVIDUAL REPORTS WERE FILED FOR EACH PARCEL |
---|
616 | | - | . |
---|
617 | | - | (b) N |
---|
618 | | - | OTWITHSTANDING SUBSECTION (7)(a)(II) OF THIS SECTION, IF |
---|
619 | | - | THE REAL PROPERTY THAT IS ALLOWED AN EXEMPTION PURSUANT TO THIS |
---|
620 | | - | SECTION HAS BEEN SUBDIVIDED BUT THE SUBDIVIDED PARCEL HAS BEEN |
---|
621 | | - | SPLIT INTO A SEPARATE TAXABLE PARCEL FROM THE IMPROVEMENTS AND IS |
---|
622 | | - | LEASED TO THE OWNER OF THE IMPROVEMENTS AS AN AFFORDABLE |
---|
623 | | - | HOMEOWNERSHIP PROPERTY |
---|
624 | | - | , THEN THE OWNER OF SUCH REAL PROPERTY OR |
---|
625 | | - | THE OWNER |
---|
626 | | - | 'S AGENT MUST FILE AN INDIVIDUAL ANNUAL REPORT FOR THE |
---|
627 | | - | SUBDIVIDED PARCEL IN ACCORDANCE WITH SECTION |
---|
628 | | - | 39-2-117 (3)(a). |
---|
629 | | - | SECTION 15. No appropriation. The general assembly has |
---|
630 | | - | determined that this act can be implemented within existing appropriations, |
---|
631 | | - | and therefore no separate appropriation of state money is necessary to carry |
---|
632 | | - | out the purposes of this act. |
---|
633 | | - | SECTION 16. Act subject to petition - effective date - |
---|
634 | | - | applicability. (1) This act takes effect at 12:01 a.m. on the day following |
---|
635 | | - | the expiration of the ninety-day period after final adjournment of the |
---|
636 | | - | general assembly; except that, if a referendum petition is filed pursuant to |
---|
637 | | - | section 1 (3) of article V of the state constitution against this act or an item, |
---|
638 | | - | PAGE 14-HOUSE BILL 24-1308 section, or part of this act within such period, then the act, item, section, or |
---|
639 | | - | part will not take effect unless approved by the people at the general |
---|
640 | | - | election to be held in November 2024 and, in such case, will take effect on |
---|
641 | | - | the date of the official declaration of the vote thereon by the governor. |
---|
642 | | - | (2) (a) Sections 4 through 9 of this act apply to applications |
---|
643 | | - | submitted for affordable housing programs administered by the division of |
---|
644 | | - | housing on or after September 1, 2024, or, if a referendum petition is filed |
---|
645 | | - | in accordance with subsection (1) of this section, on or after the date of the |
---|
646 | | - | official declaration of the vote thereon by the governor. |
---|
647 | | - | (b) Sections 10 through 13 of this act apply to any housing project |
---|
648 | | - | pursuant to part 1 of article 4 of title 29, C.R.S., on or after the applicable |
---|
649 | | - | effective date of this act. |
---|
650 | | - | (c) Section 14 of this act applies to applications submitted and |
---|
651 | | - | PAGE 15-HOUSE BILL 24-1308 annual reports filed pursuant to section 39-2-117, C.R.S., for the exemption |
---|
652 | | - | allowed by section 39-3-127.7, C.R.S., on or after the applicable effective |
---|
653 | | - | date of this act. |
---|
654 | | - | ____________________________ ____________________________ |
---|
655 | | - | Julie McCluskie Steve Fenberg |
---|
656 | | - | SPEAKER OF THE HOUSE PRESIDENT OF |
---|
657 | | - | OF REPRESENTATIVES THE SENATE |
---|
658 | | - | ____________________________ ____________________________ |
---|
659 | | - | Robin Jones Cindi L. Markwell |
---|
660 | | - | CHIEF CLERK OF THE HOUSE SECRETARY OF |
---|
661 | | - | OF REPRESENTATIVES THE SENATE |
---|
662 | | - | APPROVED________________________________________ |
---|
663 | | - | (Date and Time) |
---|
664 | | - | _________________________________________ |
---|
665 | | - | Jared S. Polis |
---|
666 | | - | GOVERNOR OF THE STATE OF COLORADO |
---|
667 | | - | PAGE 16-HOUSE BILL 24-1308 |
---|
| 502 | + | HE APPLICATION PROCESS FOR THE22 |
---|
| 503 | + | LOAN PROGRAM MUST BE IN ACCORDANCE WITH THE PROCESS SET FORTH23 |
---|
| 504 | + | IN SECTION 24-32-705.7. ON OR BEFORE SEPTEMBER 1, 2024, THE DIVISION24 |
---|
| 505 | + | SHALL AMEND ANY POLICIES , PROCEDURES, AND GUIDELINES FOR THE25 |
---|
| 506 | + | GRANT PROGRAM THAT ARE NOT CONSISTENT WITH THE APPLICATION26 |
---|
| 507 | + | PROCESS SET FORTH IN SECTION 24-32-705.7.27 |
---|
| 508 | + | 1308 |
---|
| 509 | + | -15- SECTION 10. In Colorado Revised Statutes, 29-4-103, amend1 |
---|
| 510 | + | (9) as follows:2 |
---|
| 511 | + | 29-4-103. Definitions. As used in this part 1, unless the context3 |
---|
| 512 | + | otherwise requires:4 |
---|
| 513 | + | (9) "Housing project" means all real and personal property,5 |
---|
| 514 | + | buildings and improvements, stores, offices, lands for farming and6 |
---|
| 515 | + | gardening, and community facilities acquired, constructed, or to be7 |
---|
| 516 | + | acquired or constructed pursuant to a single plan or undertaking to8 |
---|
| 517 | + | demolish, clear, remove, alter, or repair unsafe, unsanitary, or substandard9 |
---|
| 518 | + | housing or to provide dwelling accommodations at rentals within the10 |
---|
| 519 | + | means of persons of low income. The term "housing project" also means11 |
---|
| 520 | + | the planning of the buildings and improvements, the acquisition of12 |
---|
| 521 | + | property, the demolition of existing structures, the construction,13 |
---|
| 522 | + | reconstruction, alteration, and repair of the improvements, and all other14 |
---|
| 523 | + | work in connection therewith. THE TERM "HOUSING PROJECT" ALSO15 |
---|
| 524 | + | MEANS THE PROVISION OF DWELLING ACCOMMODATIONS TO PERSONS ,16 |
---|
| 525 | + | WITHOUT REGARD TO INCOME , AS LONG AS THE HOUSING PROJECT17 |
---|
| 526 | + | SUBSTANTIALLY BENEFITS PERSONS OF LOW INCOME .18 |
---|
| 527 | + | SECTION 11. In Colorado Revised Statutes, 29-4-104, amend19 |
---|
| 528 | + | (1)(a) and (1)(k); and add (1)(l) as follows:20 |
---|
| 529 | + | 29-4-104. Powers of cities to undertake projects. (1) Every city21 |
---|
| 530 | + | has power and is authorized:22 |
---|
| 531 | + | (a) To construct, ACQUIRE, OWN, OR LEASE any housing project23 |
---|
| 532 | + | within the city;24 |
---|
| 533 | + | (k) To do all acts and things necessary or convenient to carry out25 |
---|
| 534 | + | the powers expressly given in this part 1; AND26 |
---|
| 535 | + | (l) TO MANAGE, OPERATE, AND MAINTAIN, OR CONTRACT FOR THE27 |
---|
| 536 | + | 1308 |
---|
| 537 | + | -16- MANAGEMENT, OPERATION, AND MAINTENANCE, OF ANY HOUSING PROJECT1 |
---|
| 538 | + | OWNED OR LEASED BY THE CITY.2 |
---|
| 539 | + | SECTION 12. In Colorado Revised Statutes, amend 29-4-107 as3 |
---|
| 540 | + | follows:4 |
---|
| 541 | + | 29-4-107. Management of housing projects. (1) The city, shall5 |
---|
| 542 | + | AT THE CITY'S SOLE AND ABSOLUTE DISCRETION, MAY:6 |
---|
| 543 | + | (a) CONTRACT WITH A NONPROFIT ENTITY OR PRIVATE ENTITY TO7 |
---|
| 544 | + | MANAGE, MAINTAIN, AND OPERATE ANY HOUSING PROJECT CONSTRUCTED ,8 |
---|
| 545 | + | ACQUIRED, OWNED, OR LEASED BY THE CITY; OR9 |
---|
| 546 | + | (b) Deliver possession of any housing projects constructed,10 |
---|
| 547 | + | acquired, OWNED, or leased by it THE CITY to the authority within the11 |
---|
| 548 | + | boundaries of which the city is included, but the title to all property12 |
---|
| 549 | + | comprising such housing projects shall remain in the city. The authority13 |
---|
| 550 | + | shall operate and maintain all such housing projects of the city THAT THE14 |
---|
| 551 | + | CITY HAS DELIVERED POSSESSION OF IN ACCORDANCE WITH THIS15 |
---|
| 552 | + | SUBSECTION (1)(b) and shall fix, levy, and collect such rents, fees, or16 |
---|
| 553 | + | other charges for the use and occupancy of such housing projects as such17 |
---|
| 554 | + | authority determines; but if there are any agreements of the city with an18 |
---|
| 555 | + | obligee, the authority shall fix, levy, collect, and revise such rents, fees,19 |
---|
| 556 | + | and other charges in accordance with such agreements and subject20 |
---|
| 557 | + | thereto. All rents, fees, and other charges received by the authority from21 |
---|
| 558 | + | any such housing project shall not be commingled with any moneys22 |
---|
| 559 | + | MONEY of the authority and shall be deposited in a special account in any23 |
---|
| 560 | + | depository authorized in section 24-75-603. C.R.S.24 |
---|
| 561 | + | (2) After the payment of the cost of operation and maintenance of25 |
---|
| 562 | + | such A housing project THAT THE CITY DELIVERS POSSESSION OF TO THE26 |
---|
| 563 | + | AUTHORITY PURSUANT TO SUBSECTION (1)(b) OF THIS SECTION, the net27 |
---|
| 564 | + | 1308 |
---|
| 565 | + | -17- receipts of such project shall be paid by the authority to the city at1 |
---|
| 566 | + | monthly or longer intervals as the city may determine or at such intervals2 |
---|
| 567 | + | as shall be provided for in any agreement by the city with an obligee.3 |
---|
| 568 | + | SECTION 13. In Colorado Revised Statutes, 29-4-209, amend4 |
---|
| 569 | + | (1)(f) as follows:5 |
---|
| 570 | + | 29-4-209. Powers of authority. (1) An authority shall constitute6 |
---|
| 571 | + | a body both corporate and politic, exercising public powers and having7 |
---|
| 572 | + | all the powers necessary or convenient to carry out and effectuate the8 |
---|
| 573 | + | purposes and provisions of this part 2, including the following powers in9 |
---|
| 574 | + | addition to others granted in this section:10 |
---|
| 575 | + | (f) To manage as agent of the city any project constructed or11 |
---|
| 576 | + | owned by the city THAT THE CITY DELIVERS POSSESSION OF TO THE12 |
---|
| 577 | + | AUTHORITY PURSUANT TO SECTION 29-4-107 (1)(b);13 |
---|
| 578 | + | SECTION 14. In Colorado Revised Statutes, 39-3-127.7,14 |
---|
| 579 | + | amend (7) as follows:15 |
---|
| 580 | + | 39-3-127.7. Community land trust property - nonprofit16 |
---|
| 581 | + | affordable homeownership developer property - exemption -17 |
---|
| 582 | + | requirements - legislative declaration - definitions. (7) (a) Any18 |
---|
| 583 | + | community land trust or nonprofit affordable homeownership developer19 |
---|
| 584 | + | that claims a property tax exemption pursuant to this section shall comply20 |
---|
| 585 | + | with the provisions of section 39-2-117; EXCEPT THAT IF THE REAL21 |
---|
| 586 | + | PROPERTY THAT IS ALLOWED AN EXEMPTION PURSUANT TO THIS SECTION22 |
---|
| 587 | + | HAS BEEN SUBDIVIDED, THE OWNER OF SUCH PROPERTY OR THE OWNER'S23 |
---|
| 588 | + | AGENT IS ONLY REQUIRED TO:24 |
---|
| 589 | + | (I) SUBMIT ONE APPLICATION FOR THE EXEMPTION FOR ALL25 |
---|
| 590 | + | PARCELS IN CONNECTION WITH THE SUBDIVISION PURSUANT TO SECTION26 |
---|
| 591 | + | 39-2-117 (1)(a), BUT THE FILING MUST BE ACCOMPANIED BY A PAYMENT27 |
---|
| 592 | + | 1308 |
---|
| 593 | + | -18- IN ACCORDANCE WITH SECTION 39-2-117 (1)(a)(I) IN AN AMOUNT NOT TO1 |
---|
| 594 | + | EXCEED THE AGGREGATE AMOUNT OF PAYMENTS THAT WOULD BE2 |
---|
| 595 | + | REQUIRED IF INDIVIDUAL APPLICATIONS WERE FILED FOR EACH PARCEL;3 |
---|
| 596 | + | AND4 |
---|
| 597 | + | (II) IF THE EXEMPTION IS GRANTED , FILE ONE ANNUAL REPORT5 |
---|
| 598 | + | PURSUANT TO SECTION 39-2-117 (3)(a) FOR ALL PARCELS IN CONNECTION6 |
---|
| 599 | + | WITH THE SUBDIVISION, BUT THE FILING MUST BE ACCOMPANIED BY A7 |
---|
| 600 | + | PAYMENT IN ACCORDANCE WITH SECTION 39-2-117 (3)(a) IN AN AMOUNT8 |
---|
| 601 | + | NOT TO EXCEED THE AGGREGATE AMOUNT OF PAYMENTS THAT WOULD BE9 |
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| 602 | + | REQUIRED IF INDIVIDUAL REPORTS WERE FILED FOR EACH PARCEL .10 |
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| 603 | + | (b) NOTWITHSTANDING SUBSECTION (7)(a)(II) OF THIS SECTION, IF11 |
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| 604 | + | THE REAL PROPERTY THAT IS ALLOWED AN EXEMPTION PURSUANT TO THIS12 |
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| 605 | + | SECTION HAS BEEN SUBDIVIDED BUT THE SUBDIVIDED PARCEL HAS BEEN13 |
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| 606 | + | SPLIT INTO A SEPARATE TAXABLE PARCEL FROM THE IMPROVEMENTS AND14 |
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| 607 | + | IS LEASED TO THE OWNER OF THE IMPROVEMENTS AS AN AFFORDABLE15 |
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| 608 | + | HOMEOWNERSHIP PROPERTY, THEN THE OWNER OF SUCH REAL PROPERTY16 |
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| 609 | + | OR THE OWNER'S AGENT MUST FILE AN INDIVIDUAL ANNUAL REPORT FOR17 |
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| 610 | + | THE SUBDIVIDED PARCEL IN ACCORDANCE WITH SECTION 39-2-117 (3)(a).18 |
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| 611 | + | SECTION 15. No appropriation. The general assembly has19 |
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| 612 | + | determined that this act can be implemented within existing20 |
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| 613 | + | appropriations, and therefore no separate appropriation of state money is21 |
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| 614 | + | necessary to carry out the purposes of this act.22 |
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| 615 | + | SECTION 16. Act subject to petition - effective date -23 |
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| 616 | + | applicability. (1) This act takes effect at 12:01 a.m. on the day following24 |
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| 617 | + | the expiration of the ninety-day period after final adjournment of the25 |
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| 618 | + | general assembly; except that, if a referendum petition is filed pursuant26 |
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| 619 | + | to section 1 (3) of article V of the state constitution against this act or an27 |
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| 620 | + | 1308 |
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| 621 | + | -19- item, section, or part of this act within such period, then the act, item,1 |
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| 622 | + | section, or part will not take effect unless approved by the people at the2 |
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| 623 | + | general election to be held in November 2024 and, in such case, will take3 |
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| 624 | + | effect on the date of the official declaration of the vote thereon by the4 |
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| 625 | + | governor.5 |
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| 626 | + | (2) (a) Sections 4 through 9 of this act apply to applications6 |
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| 627 | + | submitted for affordable housing programs administered by the division7 |
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| 628 | + | of housing on or after September 1, 2024, or, if a referendum petition is8 |
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| 629 | + | filed in accordance with subsection (1) of this section, on or after the date9 |
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| 630 | + | of the official declaration of the vote thereon by the governor.10 |
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| 631 | + | (b) Sections 10 through 13 of this act apply to any housing project11 |
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| 632 | + | pursuant to part 1 of article 4 of title 29, C.R.S., on or after the applicable12 |
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| 633 | + | effective date of this act.13 |
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| 634 | + | (c) Section 14 of this act applies to applications submitted and14 |
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| 635 | + | annual reports filed pursuant to section 39-2-117, C.R.S., for the15 |
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| 636 | + | exemption allowed by section 39-3-127.7, C.R.S., on or after the16 |
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| 637 | + | applicable effective date of this act.17 |
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| 638 | + | 1308 |
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| 639 | + | -20- |
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