Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0288.03 Pierce Lively x2059
HOUSE BILL 24-1313
House Committees Senate Committees
Transportation, Housing & Local Government
A BILL FOR AN ACT
C
ONCERNING MEASURES TO INCRE ASE THE AFFORDABILITY OF101
HOUSING IN TRANSIT-ORIENTED COMMUNITIES .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
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
.)
Section 1 of the bill establishes a category of local government: A
transit-oriented community. As defined in the bill, a transit-oriented
community is either a local government that:
! Is entirely within a metropolitan planning organization;
! Has a population of 4,000 or more; and
! Contains at least 75 acres of certain transit-related areas; or
HOUSE SPONSORSHIP
Woodrow and Jodeh,
SENATE SPONSORSHIP
Hansen and Winter F.,
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. If the local government is a county, contains either a part of:
! A transit station area that is both in an unincorporated part
of the county and within one-half mile of a station that
serves a commuter rail service or light rail service; or
! A transit corridor area that both is in an unincorporated part
of the county and is fully encompassed by one or more
municipalities.
The bill requires a transit-oriented community to meet its housing
opportunity goal and relatedly requires the department to:
! On or before July 31, 2024, publish a map that designates
transit areas that transit-oriented communities shall use in
calculating their housing opportunity goal; and
! On or before December 31, 2024, publish models and
guidance to assist a transit-oriented community in meeting
its housing opportunity goal.
A housing opportunity goal is a zoning capacity goal determined
based on an average zoned housing density and the amount of
transit-related areas within a transit-oriented community. The bill requires
a transit-oriented community to meet its housing opportunity goal by
ensuring that enough areas in the transit-oriented community qualify as
transit centers. In order to qualify as a transit center, an area must:
! Be composed of zoning districts that uniformly allow a net
housing density of at least 15 units per acre;
! Identify the net housing density allowed by law;
! Meet a housing density established by the transit-oriented
community;
! Not include any area where local law exclusively restricts
housing occupancy based on age or other factors;
! Have an administrative approval process for multifamily
residential property development on parcels that are 5 acres
or less in size;
! Be composed of contiguous parcels, if located partially
outside of a transit area; and
! Be located wholly within a transit area and not extend more
than one-quarter mile from the edge of a transit area, unless
the department allows otherwise.
A transit-oriented community is required to demonstrate that it has
met is housing opportunity goal by submitting a housing opportunity goal
report to the department of local affairs (department). A housing
opportunity goal report must include:
! The housing opportunity goal calculation that the
transit-oriented community used in determining its housing
opportunity goal;
! Evidence that the transit-oriented community has met its
housing opportunity goal;
HB24-1313
-2- ! A map that identifies the boundaries of any transit centers
within the transit-oriented community;
! If relevant, a plan to address potential insufficient water
supplies for meeting the transit-oriented community's
housing opportunity goal;
! Affordability strategies that the transit-oriented community
will implement in meeting its housing opportunity goal.
The transit-oriented community shall select some of these
strategies from the standard and long-term affordability
strategies menus in the bill, and the transit-oriented
community shall include an implementation plan describing
how it will implement these strategies.
! Any displacement mitigation strategies that the
transit-oriented community has or will adopt from the
displacement mitigation strategies menu in the bill and an
implementation plan describing how it will implement
these strategies.
Additionally, the bill requires a transit-oriented community to submit a
progress report to the department every 3 years.
After receiving a transit-oriented community's housing opportunity
goal report, the department shall either approve the report or provide
direction to the transit-oriented community for amending and
resubmitting the report and require the transit-oriented community to
resubmit the report. If a transit-oriented community does not submit a
housing opportunity goal report to the department on or before December
31, 2026, or if the department does not approve a transit-oriented
community's housing opportunity goal report, the department will
designate the transit-oriented community as a nonqualified
transit-oriented community. Similarly, if a transit-oriented community
does not submit a progress report to the department every 3 years, or if
the department does not approve a transit-oriented community's progress
report, the department will designate the transit-oriented community as a
nonqualified transit-oriented community.
The state treasurer shall transfer any money that a nonqualified
transit-oriented community would have otherwise been allocated from the
highway users tax fund instead to the transit-oriented communities
highway users tax account (account). The department shall not use any
money in the account that is attributable to a specific nonqualified
transit-oriented community until 180 days after the transit-oriented
community became a nonqualified transit-oriented community. If a
nonqualified transit-oriented community no longer qualifies as a
nonqualified transit-oriented community during that 180-day period, the
treasurer shall issue a warrant to the transit-oriented community for the
amount of money that was diverted from the transit-oriented community
to the account.
HB24-1313
-3- If the department does not approve a transit-oriented community's
housing opportunity goal report on or before December 31, 2027, the
department may seek an injunction requiring the transit-oriented
community to comply with the requirements of the bill.
In addition to designating an area as a transit center for purposes
of meeting a housing opportunity goal, the bill allows local governments
to designate an area as a neighborhood center so long as the local
government ensures that the area:
! Has an average zoned housing density sufficient to increase
public transit ridership;
! Has an administrative approval process for multifamily
residential property development on parcels that are no
larger than a size determined by the department;
! Has a mixed-use walkable neighborhood; and
! Satisfies any other criteria required by the department.
The bill also creates the transit-oriented communities infrastructure
fund grant program (grant program) within the department. The purpose
of the grant program is to assist local governments in upgrading
infrastructure within transit centers and neighborhood centers. In
administering the grant program, the department shall prioritize grant
applicants based on the information in the reports described in the bill.
Grants from the grant program are awarded from money in the
transit-oriented communities infrastructure fund (fund). The fund consists
of gifts, grants, and donations along with money that the general assembly
may appropriate or transfer to the fund and money in the account
described in the bill. The fund is continuously appropriated. On July 1,
2024, the state treasurer shall transfer $35 million from the general fund
to the fund.
Section 2 prohibits a planned unit development resolution or
ordinance for a planned unit development that is adopted on or after the
effective date of the bill and that applies within a transit-oriented center
or neighborhood center from restricting the development of housing more
than the local law that applies to that transit-oriented center or
neighborhood center.
Section 3 states that any restriction by a unit owners' association
within a transit-oriented center or neighborhood center on the
development of housing that is adopted on or after the effective date of
the bill and is beyond the local law that applies to that transit-oriented
center or neighborhood center is void as a matter of public policy.
Sections 4 and 5 require the Colorado housing and financing
authority to allocate tax credits under the state affordable housing tax
credit to qualified housing developments within transit centers.
Be it enacted by the General Assembly of the State of Colorado:1
HB24-1313-4- SECTION 1. In Colorado Revised Statutes, add article 35 to title1
29 as follows:2
ARTICLE 35 3
State Land Use Criteria For Strategic Growth4
PART 15
DEFINITIONS6
29-35-101. Short title. T
HE SHORT TITLE OF THIS ARTICLE 35 IS7
THE "STATE LAND USE CRITERIA FOR STRATEGIC GROWTH ACT".8
29-35-102. Legislative declaration. (1) T
HE GENERAL ASSEMBLY9
HEREBY FINDS, DETERMINES, AND DECLARES THAT:10
(a) S
INCE THE "LOCAL GOVERNMENT LAND USE CONTROL11
E
NABLING ACT OF 1974", ARTICLE 20 OF TITLE 29, WAS ADOPTED,12
C
OLORADO'S POPULATION HAS MORE THAN DOUBLED , WITH THE STATE13
GROWING AT TWICE THE NATIONAL RATE BETWEEN 2010 AND 2020;14
(b) T
HE COLORADO STATE DEMOGRAPHY OFFICE ESTIMATES THAT15
C
OLORADO WILL ADD ONE MILLION SEVEN HUNDRED THOUSAND TWO16
HUNDRED PEOPLE BY 2050, BRINGING COLORADO'S POPULATION TO17
NEARLY SEVEN MILLION FIVE HUNDRED THOUSAND . THE NEED FOR18
HOUSING FOR THE GROWING POPULATION IS AN ISSUE THAT AFFECTS ALL19
C
OLORADO COMMUNITIES REGARDLESS OF REGION OR SIZE . IN A20
BIPARTISAN POLL CONDUCTED BY THE COLORADO POLLING INSTITUTE IN21
N
OVEMBER 2023, COLORADO VOTERS LISTED HOUSING AFFORDABILITY AS22
ONE OF THEIR TOP FIVE ISSUES FOR THE COLORADO STATE GOVERNMENT23
TO ADDRESS. THEREFORE, IT IS CRITICAL TO ADDRESS THE COST AND24
AVAILABILITY OF HOUSING ACROSS THE STATE TO ADDRESS HISTORIC25
POPULATION GROWTH.26
(c) I
N EXPERIENCING SIGNIFICANT POPULATION GROWTH AT A TIME27
HB24-1313
-5- OF INCREASED VEHICLE OWNERSHIP AND COMMUTE TIMES , THE SUPPLY1
AND AFFORDABILITY OF HOUSING IN ONE COMMUNITY AFFECTS THE2
RESOURCES OF NEIGHBORING COMMUNITIES . COLORADO'S NEED FOR3
HOUSING IMPACTS THE STATE'S TRANSIT, TRANSPORTATION, EMPLOYMENT,4
ECONOMY, ENERGY, WATER, AND INFRASTRUCTURE AND REQUIRES5
INNOVATIVE, COLLABORATIVE SOLUTIONS.6
(d) C
OLORADO'S HOUSING SUPPLY HAS NOT KEPT PACE WITH7
POPULATION GROWTH IN THE STATE . BETWEEN 2010 AND 2020,8
C
OLORADO ADDED ONE HUNDRED TWENTY -SIX THOUSAND FEWER9
HOUSING UNITS THAN IN THE PRIOR DECADE , DESPITE COLORADO'S10
POPULATION INCREASING BY A SIMILAR AMOUNT IN EACH DECADE . THE11
STATE DEMOGRAPHER ESTIMATES THAT BETWEEN APPROXIMATELY12
SIXTY-FIVE THOUSAND AND NINETY THOUSAND HOUSING UNITS ARE13
NEEDED TO KEEP PACE WITH COLORADO'S CURRENT POPULATION GROWTH .14
(e) A
CROSS THE STATE, COLORADO NEEDS MORE HOUSING15
URGENTLY TO SUPPORT OUR GROWING WORKFORCE , AND HOUSING16
OPPORTUNITIES ARE NEEDED ACROSS ALL INCOME LEVELS . ADDRESSING17
THE CRITICAL ISSUE OF COST AND AVAILABILITY OF HOUSING REQUIRES18
MAINTAINING AND EXPANDING ACCESS TO AFFORDABLE AND ATTAINABLE19
HOUSING BY REMOVING BARRIERS TO AND EXPEDITING NEW HOUSING20
OPPORTUNITIES FOR EVERY COMMUNITY , ESPECIALLY NEAR TRANSIT. AS21
HOUSING RENTS AND PRICES HAVE INCREASED FASTER THAN WAGES22
ACROSS THE STATE , INDIVIDUAL HOUSEHOLDS ARE EXPERIENCING23
DISPLACEMENT FROM HOMES THEY COULD ONCE AFFORD AND HAVING TO24
LIVE FARTHER FROM WORK WITH INCREASED COMMUTE TIMES . AS STATE25
AND LOCAL GOVERNMENTS SEEK TO INCREASE HOUSING OPTIONS AND26
ADDRESS AFFORDABILITY FOR RESIDENTS , IT IS ESSENTIAL TO PROVIDE27
HB24-1313
-6- SOLUTIONS THAT INCORPORATE TRANSIT NEEDS AS WELL .1
(f) B
ETWEEN 2010 AND 2021, THE PERCENTAGE OF COLORADANS2
MAKING LESS THAN SEVENTY -FIVE THOUSAND DOLLARS A YEAR WHO3
WERE HOUSING COST-BURDENED, MEANING THEY SPEND MORE THAN4
THIRTY PERCENT OF THEIR INCOME ON HOUSING NEEDS , INCREASED FROM5
FIFTY-FOUR PERCENT TO SIXTY-ONE PERCENT, AND, FOR RENTERS MAKING6
LESS THAN SEVENTY -FIVE THOUSAND DOLLARS A YEAR , THAT7
PERCENTAGE INCREASED FROM FIFTY -NINE PERCENT TO SEVENTY-THREE8
PERCENT, ACCORDING TO THE AMERICAN COMMUNITY SURVEY;9
(g) N
ATIONALLY, CITIES WITH THE HIGHEST HOUSING COSTS AND10
LOWEST VACANCY RATES EXPERIENCE THE HIGHEST RATES OF11
HOMELESSNESS, ACCORDING TO A REPORT BY THE URBAN INSTITUTE,12
"U
NSHELTERED HOMELESSNESS: TRENDS, CHARACTERISTICS, AND13
H
OMELESS HISTORIES". THESE INDICATORS EXPLAIN A GREATER PORTION14
OF THE VARIATION IN REGIONAL RATES OF HOMELESSNESS THAN OTHER15
COMMONLY ASSUMED FACTORS , SUCH AS POVERTY RATE, SUBSTANCE USE,16
OR MENTAL ILLNESS, ACCORDING TO A STUDY IN THE EUROPEAN JOURNAL17
OF HOUSING POLICY, "THE ECONOMICS OF HOMELESSNESS: THE18
E
VIDENCE FROM NORTH AMERICA".19
(h) H
OUSING PRICES ARE TYPICALLY HIGHER WHEN HOUSING20
SUPPLY IS RESTRICTED BY LOCAL LAND USE REGULATIONS IN A21
METROPOLITAN REGION, ACCORDING TO STUDIES SUCH AS THE NATIONAL22
B
UREAU OF ECONOMIC RESEARCH WORKING PAPERS "REGULATION AND23
H
OUSING SUPPLY" AND "THE IMPACT OF ZONING ON HOUSING24
A
FFORDABILITY". INCREASING HOUSING SUPPLY MODERATES PRICE25
INCREASES AND IMPROVES HOUSING AFFORDABILITY ACROSS ALL26
INCOMES, ACCORDING TO STUDIES SUCH AS "THE ECONOMIC27
HB24-1313
-7- IMPLICATIONS OF HOUSING SUPPLY", IN THE JOURNAL OF ECONOMIC1
P
ERSPECTIVES, AND "SUPPLY SKEPTICISM: HOUSING SUPPLY AND2
A
FFORDABILITY", IN THE JOURNAL HOUSING POLICY DEBATE.3
(i) R
ESEARCHERS HAVE FOUND SUBSTANTIAL EVIDENCE THAT NEW4
HOUSING CONSTRUCTION ENABLES HOUSEHOLDS TO MOVE WITHIN A5
REGION, OPENS UP HOUSING OPTIONS FOR MORE DIVERSE INCOME LEVELS ,6
AND PROMOTES COMPETITION THAT LIMITS HOUSING COST INCREASES ,7
ACCORDING TO THE NEW YORK UNIVERSITY LAW AND ECONOMICS8
RESEARCH PAPER "SUPPLY SKEPTICISM REVISITED". WHILE NEW HOUSING9
SUPPLY CAN RARELY MEET THE NEEDS OF THE LOWEST INCOME10
HOUSEHOLDS, ENABLING NEW HOUSING SUPPLY CAN MODERATE PRICE11
INCREASES AND REDUCE THE NUMBER OF HOUSEHOLDS THAT NEED12
SUBSIDIES TO AFFORD HOUSING . RESIDENT OPPOSITION FREQUENTLY13
LIMITS NEW HOUSING DEVELOPMENT IN EXISTING COMMUNITIES AND14
EITHER LEADS TO LESS HOUSING PRODUCTION AND INCREASED HOUSING15
COSTS OR PUSHES HOUSING DEVELOPMENT TO GREENFIELD AREAS WHERE16
THERE ARE FEWER NEIGHBORS BUT GREATER ENVIRONMENTAL AND FISCAL17
COSTS.18
29-35-103. Definitions. A
S USED IN THIS ARTICLE 35, UNLESS THE19
CONTEXT OTHERWISE REQUIRES :20
(1) "A
CCESSIBLE UNIT" MEANS A HOUSING UNIT THAT SATISFIES21
THE REQUIREMENTS OF THE FEDERAL "FAIR HOUSING ACT", 42 U.S.C. SEC.22
3601
ET SEQ., AS AMENDED, AND INCORPORATES UNIVERSAL DESIGN .23
(2) (a) "A
DMINISTRATIVE APPROVAL PROCESS " MEANS A PROCESS24
IN WHICH:25
(I) A
DEVELOPMENT PROPOSAL FOR A SPECIFIED PROJECT IS26
APPROVED, APPROVED WITH CONDITIONS , OR DENIED BY LOCAL27
HB24-1313
-8- GOVERNMENT ADMINISTRATIVE STAFF BASED SOLELY ON ITS COMPLIANCE1
WITH OBJECTIVE STANDARDS SET FORTH IN LOCAL LAWS ; AND2
(II) D
OES NOT REQUIRE, AND CANNOT BE ELEVATED TO REQUIRE ,3
A PUBLIC HEARING, A RECOMMENDATION, OR A DECISION BY AN ELECTED4
OR APPOINTED PUBLIC BODY OR A HEARING OFFICER .5
(b) N
OTWITHSTANDING SUBSECTION (2)(a) OF THIS SECTION, AN6
ADMINISTRATIVE APPROVAL PROCESS MAY REQUIRE AN APPOINTED7
HISTORIC PRESERVATION COMMISSION TO MAKE A DECISION , OR TO MAKE8
A RECOMMENDATION TO LOCAL GOVERNMENT ADMINISTRATIVE STAFF ,9
REGARDING A DEVELOPMENT APPLICATION INVOLVING A PROPERTY THAT10
THE LOCAL GOVERNMENT HAS DESI GNATED AS A HISTORIC PROPERTY ,11
PROVIDED THAT:12
(I) T
HE STATE HISTORIC PRESERVATION OFFICE WITHIN HISTORY13
C
OLORADO HAS DESIGNATED THE LOCAL GOVERNMENT AS A CERTIFIED14
LOCAL GOVERNMENT ; AND15
(II) T
HE APPOINTED HISTORIC PRESERVATION COMMISSION 'S16
DECISION OR RECOMMENDATION IS BASED ON STANDARDS EITHER SET17
FORTH IN LOCAL LAW OR ESTABLISHED BY THE SECRETARY OF THE18
INTERIOR OF THE UNITED STATES.19
(3) "B
US RAPID TRANSIT SERVICE" MEANS EITHER A BUS RAPID20
TRANSIT SERVICE INCLUDED IN A METROPOLITAN PLANNING21
ORGANIZATION'S FISCALLY CONSTRAINED LONG RANGE TRANSPORTATION22
PLAN OR A BUS-BASED TRANSIT SERVICE THAT INCLUDES AT LEAST THREE23
OF THE FOLLOWING:24
(a) S
ERVICE THAT IS SCHEDULED TO RUN EVERY FIFTEEN MINUTES25
OR LESS DURING THE HIGHEST FREQUENCY SERVICE HOURS ;26
(b) D
EDICATED LANES OR BUSWAYS ;27
HB24-1313
-9- (c) TRAFFIC SIGNAL PRIORITY;1
(d) O
FF-BOARD FARE COLLECTION;2
(e) E
LEVATED PLATFORMS; OR3
(f) E
NHANCED STATIONS.4
(4) "C
OMMUTER BUS RAPID TRANSIT SERVICE " MEANS A BUS RAPID5
TRANSIT SERVICE THAT OPERATES ON A LIMITED -ACCESS HIGHWAY FOR6
THE MAJORITY OF ITS ROUTE.7
(5) "C
OMMUTER RAIL" MEANS A PASSENGER RAIL TRANSIT SERVICE8
BETWEEN AND WITHIN METROPOLITAN AND SUBURBAN AREAS .9
(6) "C
OUNTY" MEANS A COUNTY INCLUDING A HOME RULE10
COUNTY.11
(7) "D
EPARTMENT" MEANS THE DEPARTMENT OF LOCAL AFFAIRS . 12
(8) "D
ISPLACEMENT" MEANS THE INVOLUNTARY RELOCATION OF13
RESIDENTS DUE TO INCREASED REAL ESTATE PRICES , RENTS, OR OTHER14
ECONOMIC FACTORS.15
(9) "L
IGHT RAIL" MEANS A PASSENGER RAIL TRANSIT SERVICE16
THAT USES ELECTRICALLY POWERED RAIL -BORNE CARS.17
(10) "L
OCAL GOVERNMENT" MEANS A MUNICIPALITY, COUNTY, OR18
TRIBAL NATION WITH JURISDICTION IN COLORADO.19
(11) "L
OCAL LAW" MEANS ANY CODE, LAW, ORDINANCE, POLICY,20
REGULATION, OR RULE ENACTED BY A LOCAL GOVERNMENT THAT21
GOVERNS THE DEVELOPMENT AND USE OF LAND , INCLUDING BUT NOT22
LIMITED TO LAND USE CODES, ZONING CODES, AND SUBDIVISION CODES.23
(12) "M
ETROPOLITAN PLANNING ORGANIZATION " MEANS A24
METROPOLITAN PLANNING ORGANIZATION UNDER THE "FEDERAL TRANSIT25
A
CT OF 1998", 49 U.S.C. SEC. 5301 ET SEQ., AS AMENDED.26
(13) "M
UNICIPALITY" MEANS A HOME RULE OR STATUTORY CITY27
HB24-1313
-10- OR TOWN, TERRITORIAL CHARTER CITY OR TOWN , OR CITY AND COUNTY.1
(14)
"OBJECTIVE STANDARD" MEANS A STANDARD THAT:2
(a) I
S A DEFINED BENCHMARK OR CRITERION THAT ALLOWS FOR3
DETERMINATIONS OF COMPLIANCE TO BE CONSISTENTLY DECIDED4
REGARDLESS OF THE DECISION MAKER ; AND5
(b) D
OES NOT REQUIRE A SUBJECTIVE DETERMINATION6
CONCERNING A DEVELOPMENT PROPOSAL , INCLUDING BUT NOT LIMITED TO7
WHETHER THE APPLICATION FOR THE DEVELOPMENT PROPOSAL IS :8
(I) C
ONSISTENT WITH MASTER PLANS , OR OTHER DEVELOPMENT9
PLANS;10
(II) C
OMPATIBLE WITH THE LAND USE OR DEVELOPMENT OF THE11
AREA SURROUNDING THE AREA DESCRIBED IN THE APPLICATION ; OR12
(III) C
ONSISTENT WITH PUBLIC WELFARE , COMMUNITY13
CHARACTER, OR NEIGHBORHOOD CHARACTER .14
(15) "U
NIVERSAL DESIGN" MEANS ANY DWELLING UNIT DESIGNED15
AND CONSTRUCTED TO BE SAFE AND ACCESSIBLE FOR ANY INDIVIDUAL16
REGARDLESS OF AGE OR ABILITIES.17
(16) "U
RBAN BUS RAPID TRANSIT SERVICE" MEANS A BUS RAPID18
TRANSIT SERVICE THAT OPERATES ON A SURFACE STREET FOR THE19
MAJORITY OF ITS ROUTE.20
(17) "V
ISITABLE UNIT" MEANS A DWELLING UNIT THAT A PERSON21
WITH A DISABILITY CAN ENTER, MOVE AROUND THE PRIMARY ENTRANCE22
FLOOR OF, AND USE THE BATHROOM IN.23
PART 224
TRANSIT-ORIENTED COMMUNITIES25
29-35-201. Legislative declaration. (1) T
HE GENERAL ASSEMBLY26
HEREBY FINDS, DETERMINES, AND DECLARES THAT:27
HB24-1313
-11- (a) MULTIFAMILY HOUSING IS TYPICALLY MORE AFFORDABLE THAN1
SINGLE-UNIT DWELLINGS. ACCORDING TO THE AMERICAN COMMUNITY2
S
URVEY, COLORADO MULTIFAMILY UNITS COST BETWEEN FOURTEEN AND3
FORTY-THREE PERCENT LESS TO RENT IN 2019, DEPENDING ON THE SIZE OF4
THE BUILDING, COMPARED TO SINGLE-UNIT DETACHED DWELLINGS .5
(b) A
LLOWING HIGHER DENSITY RESIDENTIAL DEVELOPMENT IS6
IMPORTANT FOR THE COST EFFECTIVENESS AND AVAILABILITY OF7
AFFORDABLE HOUSING . AN ANALYSIS OF OVER SIXTY AFFORDABLE8
HOUSING PROJECTS FUNDED BY THE U.S. DEPARTMENT OF HOUSING AND9
URBAN DEVELOPMENT IN TRANSIT -ORIENTED AREAS IN COLORADO SINCE10
2010
FOUND THAT HALF WERE DEVELOPED AT OVER FIFTY UNITS PER ACRE ,11
AND TWENTY PERCENT WERE OVER ONE HUNDRED UNITS PER ACRE .12
(c) T
HROUGHOUT COLORADO, LESS THAN HALF OF AVAILABLE13
ZONING CAPACITY IS TYPICALLY UTILIZED, AND GREATER UTILIZATION OF14
ZONING CAPACITY IS NECESSARY TO MEET ANTICIPATED HOUSING NEEDS .15
N
UMEROUS FACTORS CURRENTLY PREVENT DEVELOPMENT FROM FULLY16
UTILIZING AVAILABLE ZONING CAPACITY AND ALLOWED DENSITIES ,17
INCLUDING SITE LEVEL CONSTRAINTS , FINANCIAL FEASIBILITY AND18
DEMAND, AND LANDOWNERS' WILLINGNESS TO SELL OR REDEVELOP.19
(d) C
OLORADO HAS INVESTED SIGNIFICANTLY IN PUBLIC TRANSIT20
IN THE LAST SEVERAL DECADES , FUNDING OVER SIX BILLION DOLLARS21
ACROSS EIGHTY-FIVE MILES OF NEW RAIL LINES. THE INVESTMENTS WILL22
CONTINUE IN THE COMING YEARS WITH NEW BUS RAPID TRANSIT AND RAIL23
SYSTEMS ALONG THE FRONT RANGE . DESPITE THESE INVESTMENTS ,24
TRANSIT RIDERSHIP LAGS BEHIND PEER AGENCIES AROUND THE COUNTRY ,25
DUE AT LEAST IN PART TO A LACK OF DENSITY NEAR THESE TRANSIT LINES .26
B
EFORE THE COVID-19 PANDEMIC, THE REGIONAL TRANSPORTATION27
HB24-1313
-12- DISTRICT HAD TWO AND THREE-TENTHS RIDES PER VEHICLE REVENUE MILE1
ON THEIR RAIL SYSTEM, COMPARED TO OVER FOUR RIDES PER VEHICLE2
REVENUE MILE FOR AGENCIES IN MINNEAPOLIS AND PORTLAND AND OVER3
EIGHT RIDES PER VEHICLE REVENUE MILE IN SEATTLE, ACCORDING TO4
DATA FROM THE FEDERAL TRANSIT ADMINISTRATION 'S NATIONAL TRANSIT5
DATABASE.6
(e) A
LLOWING HIGHER DENSITY RESIDENTIAL DEVELOPMENT NEAR7
TRANSIT IS IMPORTANT FOR INCREASING TRANSIT RIDERSHIP AND8
IMPROVING THE COST EFFECTIVENESS OF TRANSIT SERVICES .9
R
ESEARCHERS HAVE FOUND THAT HIGHER BUILT GROSS DENSITIES10
CITYWIDE INCREASE COST-EFFECTIVENESS FOR LIGHT RAIL AND BUS RAPID11
TRANSIT SERVICES, AS DESCRIBED IN THE ARTICLE, "COST OF A RIDE: THE12
E
FFECTS OF DENSITIES ON FIXED-GUIDEWAY TRANSIT RIDERSHIP AND13
C
OSTS" BY ERICK GUERRA AND ROBERT CERVERO.14
(f) M
OST LIGHT AND COMMUTER RAIL STATIONS AND FREQUENT15
BUS CORRIDORS IN COLORADO HAVE LOWER HOUSING UNIT DENSITY THAN16
IS NECESSARY TO SUPPORT FREQUENT TRANSIT . BASED ON 2020 CENSUS17
BLOCK HOUSING UNIT DATA , OVER NINETY PERCENT OF RAIL STATIONS18
AND EIGHTY-FOUR PERCENT OF BUS RAPID TRANSIT AND FREQUENT BUS19
CORRIDORS IN COLORADO HAVE LESS THAN FIFTEEN HOUSING UNITS PER20
ACRE ON AVERAGE WITHIN WALKING DISTANCE . RESEARCHERS HAVE21
GENERALLY FOUND A MINIMUM OF FIFTEEN HOUSING UNITS PER ACRE OF22
BUILT DENSITY IS NEEDED TO SUPPORT FREQUENT TRANSIT .23
(g) L
IVING NEAR TRANSIT, JOBS, AND SERVICES ENABLES24
HOUSEHOLDS TO ALSO SAVE ON TRANSPORTATION COSTS BY OWNING25
FEWER VEHICLES AND REDUCING FUEL CONSUMPTION . COLORADANS26
COMMUTE OVER FIFTY MINUTES TO AND FROM WORK ON AVERAGE ,27
HB24-1313
-13- ACCORDING TO THE LATEST AMERICAN COMMUNITY SURVEY'S FIVE YEAR1
ESTIMATES. ANALYSES OF TRANSIT-ORIENTED COMMUNITIES HAVE FOUND2
THAT RESIDENTS TAKE AN AVERAGE OF FORTY -FOUR PERCENT FEWER3
VEHICLE TRIPS, ACCORDING TO THE ARTICLE "VEHICLE TRIP REDUCTION4
I
MPACTS OF TRANSIT-ORIENTED HOUSING" IN THE JOURNAL OF PUBLIC5
T
RANSPORTATION.6
(h) I
N COLORADO, HOUSEHOLDS IN MORE DENSE AREAS , WHICH7
ARE DEFINED AS CENSUS TRACTS WITH MORE THAN FOUR THOUS AND UNITS8
PER SQUARE MILE OR ABOUT FIFTEEN UNITS PER ACRE , DRIVE TWENTY9
PERCENT LESS THAN THE STATE AVERAGE , AND HIGHER DENSITY AREAS,10
CENSUS TRACTS WITH MORE THAN TEN THOUSAND UNITS PER SQUARE MILE11
OR ABOUT FORTY UNITS PER ACRE, DRIVE FORTY PERCENT LESS THAN THE12
STATE AVERAGE, ACCORDING TO DATA FROM THE 2017 NATIONAL13
HOUSEHOLD TRAVEL SURVEY ;14
(i) H
IGH TRANSPORTATION COSTS IMPACT LOW -INCOME15
HOUSEHOLDS IN PARTICULAR . HOUSEHOLDS MAKING LESS THAN FORTY16
THOUSAND DOLLARS PER YEAR IN THE WESTERN UNITED STATES ARE17
SPENDING OVER TWENTY -FOUR PERCENT OF THEIR INCOME ON18
TRANSPORTATION, WHEN SPENDING MORE THAN FIFTEEN PERCENT OF19
INCOME ON TRANSPORTATION IS CONSIDERED COST BURDENED ,20
ACCORDING TO DATA FROM THE BUREAU OF LABOR STATISTICS CONSUMER21
EXPENDITURE SURVEYS.22
(j) I
N ADDITION TO SAVING ON TRANSPORTATION COSTS BY LIVING23
NEAR TRANSIT, OWNING FEWER VEHICLES AND TRAVELING TO WORK AND24
ACCESSING SERVICES WITHOUT DRIVING OR DRIVING LESS REDUCES25
GREENHOUSE GAS EMISSIONS AND AIR POLLUTION , WHICH IMPACTS AIR26
QUALITY NOT JUST IN TRANSIT-ORIENTED COMMUNITIES BUT IN GREATER27
HB24-1313
-14- REGIONS ACROSS THE STATE;1
(k) I
N COLORADO, HOUSEHOLD ENERGY DEMAND ON AVERAGE IS2
SEVENTY PERCENT LESS FOR MULTIFAMILY HOUSING COMPARED TO3
SINGLE-UNIT DETACHED DWELLINGS , ACCORDING TO THE NATIONAL4
RENEWABLE ENERGY LABORATORY RESTOCK ANALYSIS TOOL ;5
(l) C
OMPARED TO SINGLE-UNIT DETACHED DWELLINGS , SMALL6
MULTIFAMILY HOMES USE SIXTY -THREE PERCENT LESS WATER , AND7
LARGER MULTIFAMILY HOMES USE EIGHTY -SIX PERCENT LESS WATER,8
BASED ON DATA FROM DENVER AND AURORA WATER USERS ANALYZED9
FOR THE "COLORADO WATER AND GROWTH DIALOGUE FINAL REPORT" IN10
2018;11
(m) N
ATIONAL STUDIES, SUCH AS THE ARTICLE "RELATIONSHIPS12
BETWEEN DENSITY AND PER CAPITA MUNICIPAL SPENDING IN THE UNITED13
S
TATES", PUBLISHED IN URBAN SCIENCE, HAVE FOUND THAT LOWER14
DENSITY COMMUNITIES HAVE HIGHER GOVERNMENT CAPITAL AND15
MAINTENANCE COSTS FOR WATER , SEWER, AND TRANSPORTATION16
INFRASTRUCTURE AND LOWER PROPERTY AND SALES TAX REVENUE . THESE17
INCREASED COSTS ARE OFTEN BORNE BY BOTH STATE AND LOCAL18
GOVERNMENTS.19
(n) A
STUDY FOR A MUNICIPALITY IN COLORADO FOUND THAT20
DOUBLING THE AVERAGE RESIDENTIAL DENSITY FOR FUTURE GROWTH21
WOULD SAVE THIRTY-ONE PERCENT IN CAPITAL AND MAINTENANCE COSTS22
OVER TWENTY YEARS;23
(o) A
CCORDING TO A 2022 ARTICLE TITLED "DOES DISCRETION24
D
ELAY DEVELOPMENT?" IN THE JOURNAL OF THE AMERICAN PLANNING25
A
SSOCIATION, RESIDENTIAL PROJECTS USING ADMINISTRATIVE APPROVAL26
PROCESSES ARE APPROVED TWENTY -EIGHT PERCENT FASTER THAN THOSE27
HB24-1313
-15- USING DISCRETIONARY APPR OVAL PROCESSES , AND FASTER APPROVAL1
TIMES REDUCE DEVELOPER COSTS AND THEREFORE HOUSING COSTS .2
S
TUDIES HAVE SHOWN THAT HOMEBUILDERS , INCLUDING AFFORDABLE3
HOUSING DEVELOPERS, WILL AVOID PARCELS THAT NEED TO GO THROUGH4
A DISCRETIONARY PROCESS.5
(p) C
OMMUNITY OPPOSITION TO SPECIFIC AFFORDABLE HOUSING6
DEVELOPMENTS FREQUENTLY CAUSES DELAYS , INCREASES COSTS,7
REDUCES THE NUMBER OF HOUSING UNITS DELIVERED , PUSHES SITING OF8
AFFORDABLE HOUSING TO LESS OPPORTUNITY -RICH AREAS, AND PREVENTS9
DEVELOPMENTS FROM OCCURRING ALTOGETHER , ACCORDING TO STUDIES10
SUCH AS "DEMOCRACY IN ACTION? NIMBY AS IMPEDIMENT TO11
E
QUITABLE AFFORDABLE HOUSING SITING" IN THE JOURNAL HOUSING12
S
TUDIES;13
(q) R
ESEARCHERS HAVE FOUND THAT UPWARD MOBILITY IS14
SIGNIFICANTLY GREATER IN MORE COMPACT DEVELOPMENT AREAS THAN15
IN LOW-DENSITY AREAS, PRIMARILY DUE TO BETTER JOB ACCESSIBILITY BY16
MULTIPLE TRANSPORTATION MODES , ACCORDING TO THE STUDY "DOES17
U
RBAN SPRAWL HOLD DOWN UPWARD MOBILITY?", PUBLISHED IN THE18
J
OURNAL OF LANDSCAPE AND URBAN PLANNING;19
(r) A
CCORDING TO THE GREENHOUSE GAS POLLUTION REDUCTION20
ROADMAP PUBLISHED BY THE COLORADO ENERGY OFFICE , DATED21
J
ANUARY 14, 2021, THE TRANSPORTATION SECTOR IS THE SINGLE LARGEST22
SOURCE OF GREENHOUSE GAS POLLUTION IN COLORADO. NEARLY SIXTY23
PERCENT OF THE GREENHOUSE GAS EMISSIONS FROM THE24
TRANSPORTATION SECTOR COME FROM LIGHT -DUTY VEHICLES, WHICH ARE25
THE MAJORITY OF CARS AND TRUCKS THAT COLORADANS DRIVE EVERY26
DAY.27
HB24-1313
-16- (s) MOTOR VEHICLE POLLUTION, INCLUDING GREENHOUSE GAS1
EMISSIONS, DOES NOT STAY WITHIN THE GEOGRAPHIC BOUNDARIES OF THE2
LOCAL GOVERNMENT WH ERE IT IS EMITTED ;3
(t) T
HE GREENHOUSE GAS TRANSPORTATION PLANNING STANDARD4
ADOPTED BY THE TRANSPORTATION COMMISSION OF COLORADO IN 20215
SET A STATEWIDE TARGET TO REDUCE TRANSPORTATION GREENHOUSE GAS6
EMISSIONS THROUGH THE TRANSPORTATION PLANNING PROCESS BY ONE7
MILLION FIVE HUNDRED THOUSAND TONS BY 2030; AND8
(u) T
HE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY9
HAS CLASSIFIED THE DENVER METRO AND NORTH FRONT RANGE AREA AS10
BEING IN SEVERE NON-ATTAINMENT FOR OZONE AND GROUND LEVEL11
OZONE, WHICH HAS SERIOUS IMPACTS ON HUMAN HEALTH , PARTICULARLY12
FOR VULNERABLE POPULATIONS .13
(2) T
HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT :14
(a) T
HE CONSEQUENCES OF COMMUNITY OPPOSITION AND LOCAL15
LAND USE POLICIES THAT LIMIT HOUSING SUPPLY IN TRANSIT -ORIENTED16
COMMUNITIES IMPACT HOUSING OPTIONS FOR COLORADANS OF LOW AND17
MODERATE INCOMES AND WORKFORCE HOUSING TO SUPPORT18
EMPLOYMENT GROWTH . INCREASING HIGHER-DENSITY HOUSING IN19
TRANSIT-ORIENTED COMMUNITIES ENSURES STABLE QUANTITY AND20
QUALITY OF HOUSING FOR EVERYONE AND CORRECTS POLICIES THAT21
PERPETUATE SEGREGATED AND UNEQUAL COMMUNITIES , REDUCED22
MOBILITY AND LONG COMMUTES , REDUCED OPTIONS FOR OLDER ADULTS23
TO AGE IN THEIR COMMUNITY OF CHOICE , LOSS OF OPEN SPACE AND24
AGRICULTURAL LAND, HIGH WATER USAGE, AND INCREASED GREENHOUSE25
GAS AND AIR POLLUTION.26
(b) T
HERE IS AN EXTRATERRITORIAL IMPACT WHEN LOCAL27
HB24-1313
-17- GOVERNMENTS RESTRICT HOUSING DEVELOPMENT WITHIN THEIR1
JURISDICTIONS. THE CALL FOR JOB GROWTH IN ONE COMMUNITY THAT2
DOES NOT ALSO ADDRESS THE NEED FOR ADDITIONAL HOUSING AFFECTS3
THE DEMAND OF HOUSING DEVELOPMENT IN NEIGHBORING JURISDICTIONS .4
I
N COLORADO, THE NUMBER OF JOBS WITHIN LARGE MUNICIPALITIES IS5
GENERALLY CORRELATED TO THE MUNICIPALITY 'S TRANSIT SERVICE, AND6
RESEARCH HAS SHOWN THAT REGIONAL IMBALANCES BETWEEN JOBS AND7
HOUSING HAVE A SIGNIFICANT IMPACT ON VEHICLE MILES TRAVELED AND8
COMMUTE TIMES ACROSS JURISDICTIONS , ACCORDING TO STUDIES SUCH AS9
"W
HICH REDUCES VEHICLE TRAVEL MORE: JOBS-HOUSING BALANCE OR10
R
ETAIL-HOUSING MIXING?", PUBLISHED IN THE JOURNAL OF THE11
A
MERICAN PLANNING ASSOCIATION. WHEN PEOPLE ARE UNABLE TO LIVE12
NEAR WHERE THEY WORK , WORKERS HAVE NO OPTIONS BUT TO SPEND13
MORE HOURS ON THE R OAD COMMUTING TO AND FROM WORK . THE14
LONGER COMMUTE INCREASES VEHICLE TRAFFIC AND PUTS ADDITIONAL15
STRAIN ON COLORADO'S ROADS AND INCREASES POLLUTION .16
(c) T
HE AVAILABILITY OF AFFORDABLE HOUSING IS A MATTER OF17
MIXED STATEWIDE AND LOCAL CONCERN . THEREFORE, IT IS THE INTENT OF18
THE GENERAL ASSEMBLY IN ENACTING THIS PART 2 TO:19
(I) P
ROVIDE FUNDING FOR INFRASTRUCTURE AND AFFORDABLE20
HOUSING TO SUPPORT LOCAL GOVERNMENTS WHOSE ZONING DOES MEET21
THE GOALS OF THIS PART 2, AND TO ENCOURAGE MORE DENSE22
MULTIFAMILY HOUSING DEVELOPMENT PROJECTS THAT CAN ADDRESS THE23
STATE'S HOUSING SHORTAGE FOR ALL PARTS OF THE INCOME SPECTRUM ,24
AND SUPPORT MORE FISCALLY AND ENVIRONMENTALLY SUSTAINABLE25
DEVELOPMENT PATTERNS ;26
(II) I
MPROVE REGIONAL COLLABORATION AND OUTCOMES BY27
HB24-1313
-18- REDUCING THE ABILITY OF INDIVIDUAL LOCAL GOVERNMENTS ' LAND USE1
RESTRICTIONS TO NEGATIVELY INFLUENCE REGIONAL CONCERNS SUCH AS2
HOUSING AFFORDABILITY, OPEN SPACE, TRAFFIC, AND AIR POLLUTION; AND3
(III) C
OLORADO HAS A LEGITIMATE STATE INTEREST IN MANAGING4
POPULATION AND DEVELOPMENT GROWTH AND ENSURING STABLE5
QUALITY AND QUANTITY OF HOUSING FOR COLORADANS; AND6
(d) C
OLORADO HAS A LEGITIMATE STATE INTEREST IN MANAGING7
POPULATION AND DEVELOPMENT GROWTH AND ENSURING STABLE8
QUALITY AND QUANTITY OF HOUSING FOR COLORADANS AS THIS IS AMONG9
THE MOST PRESSING PROBLEMS CURRENTLY FACING COMMUNITIES10
THROUGHOUT COLORADO.11
(3) T
HEREFORE, THE GENERAL ASSEMBLY FINDS, DETERMINES, AND12
DECLARES THAT THE LACK OF HOUSING SUPPLY AND UNSUSTAINABLE13
DEVELOPMENT PATTERNS REQUIRE A STATEWIDE SOLUTION THAT14
ADDRESSES LOCAL GOVERNMENT POLICIES THAT EFFECTIVELY LIMIT THE15
CONSTRUCTION OF A DIVERSE RANGE OF HOUSING TYPES IN AREAS16
ALREADY SERVED BY INFRASTRUCTURE OR IN CLOSE PROXIMITY TO JOBS17
AND PUBLIC TRANSIT , ALONG WITH A LACK OF FUNDING FOR18
INFRASTRUCTURE AND AFFORDABLE HOUSING NEAR TRANSIT -ORIENTED19
COMMUNITIES.20
(4) T
HEREFORE, THE GENERAL ASSEMBLY DECLARES THAT21
INCREASING HOUSING IN TRANSIT-ORIENTED COMMUNITIES IS A MATTER22
OF MIXED STATEWIDE AND LOCAL CONCERN .23
29-35-202. Definitions. A
S USED IN THIS PART 2, UNLESS THE24
CONTEXT OTHERWISE REQUIRES :25
(1) "A
VERAGE ZONED HOUSING DENSITY " MEANS THE AVERAGE26
NET HOUSING DENSITY ALLOWED IN A ZONING DISTRICT OR DISTRICTS BY27
HB24-1313
-19- LOCAL LAW.1
(2) "E
XEMPT PARCEL" MEANS:2
(a) A
PARCEL THAT, AS OF JANUARY 1, 2024, IS NOT SERVED BY A3
DOMESTIC WATER AND SEWAGE TREATMENT SYSTEM , AS DEFINED IN4
SECTION 24-65.1-104 (5);5
(b) A
PARCEL THAT, AS OF JANUARY 1, 2024, IS IN AN6
AGRICULTURAL, FORESTRY, NATURAL RESOURCE PRESERVATION , OR OPEN7
SPACE ZONING DISTRICT;8
(c) A
PARCEL THAT, AS OF JANUARY 1, 2024, IS ZONED OR USED9
PRIMARILY FOR INDUSTRIAL USE , WHICH, FOR PURPOSES OF THIS10
SUBSECTION (2)(c), MEANS A BUSINESS USE OR ACTIVITY AT A SCALE11
GREATER THAN HOME I NDUSTRY INVOLVING MANUFACTURING ,12
FABRICATION, ASSEMBLY, WAREHOUSING, OR STORAGE;13
(d) A
NY PART OF A PARCEL THAT, AS OF JANUARY 1, 2024, IS IN A14
FLOODWAY OR IN A ONE HUNDRED -YEAR FLOODPLAIN, AS IDENTIFIED BY15
THE FEDERAL EMERGENCY MANAGEMENT AGENCY ;16
(e) A
PARCEL THAT, AS OF JANUARY 1, 2024, IS USED AS A17
CEMETERY, AS DEFINED IN SECTION 31-25-701 (2);18
(f) A
NY PART OF A PARCEL THAT , AS OF JANUARY 1, 2024, IS19
SUBJECT TO A CONSERVATION EASEMENT ;20
(g) A
PARCEL OR EASEMENT THAT , AS OF JANUARY 1, 2024, IS21
OWNED BY, USED AS, OR OPERATED BY AN AIRPORT;22
(h) A
PUBLIC OR RAILROAD RIGHT-OF-WAY THAT EXISTS AS OF23
J
ANUARY 1, 2024;24
(i) A
PARCEL THAT, AS OF JANUARY 1, 2024, IS USED AS A MOBILE25
HOME PARK, AS DEFINED IN SECTION 38-12-201.5 (6);26
(j) A
PARCEL THAT, AS OF JANUARY 1, 2024, IS FEDERAL OR STATE27
HB24-1313
-20- OWNED PROPERTY; OR1
(k) A
NY PART OF A PARCEL THAT , AS OF JANUARY 1, 2024,2
INCLUDES LAND THAT IS PARK AND OPEN SPACE , AS DEFINED IN SECTION3
29-7.5-103
(2).4
(3) "H
OUSING OPPORTUNITY GOAL " MEANS A GOAL FOR THE5
ZONING CAPACITY FOR RESIDENTIAL UNITS IN A TRANSIT -ORIENTED6
COMMUNITY. A LOCAL GOVERNMENT SHALL CALCULATE ITS HOUSING7
OPPORTUNITY GOAL PURSUANT TO SECTION 29-35-204 (2).8
(4) "M
IXED-USE PEDESTRIAN-ORIENTED NEIGHBORHOOD " MEANS9
AN AREA THAT INTEGRATES LAND USE TYPES THAT INCLUDE RESIDENTIAL10
AND NONRESIDENTIAL USES WITHIN A WALKABLE NEIGHBORHOOD .11
(5) "N
EIGHBORHOOD CENTER" MEANS AN AREA THAT BOTH MEETS12
THE REQUIREMENTS OF SECTION 29-35-207 AND IS DESIGNATED AS A13
NEIGHBORHOOD CENTER BY A LOCAL GOVERNMENT IN A METROPOLITAN14
PLANNING ORGANIZATION.15
(6) "N
ET HOUSING DENSITY" MEANS THE NUMBER OF RESIDENTIAL16
UNITS ALLOWED PER ACRE OF LAND ON PARCELS THAT ALLOW FOR17
RESIDENTIAL DEVELOPMENT. IN CALCULATING NET HOUSING DENSITY FOR18
AN AREA, A LOCAL GOVERNMENT SHALL INCORPORATE ANY DIMENSIONAL19
OR OTHER RESTRICTIONS IN LOCAL LAWS USED TO REGULATE ALLOWED20
DENSITY IN THE AREA, INCLUDING BUT NOT LIMITED TO RESTRICTIONS21
RELATED TO UNITS PER ACRE, LOT AREA PER UNIT, LOT COVERAGE, SITE22
LEVEL OPEN SPACE REQUIREMENTS , FLOOR AREA RATIOS, SETBACKS,23
MINIMUM PARKING REQUIREMENTS , AND MAXIMUM HEIGHT.24
(7) (a) "N
ONQUALIFIED TRANSIT-ORIENTED COMMUNITY" MEANS25
A TRANSIT-ORIENTED COMMUNITY THAT HAS NOT , AS OF DECEMBER 31,26
2026,
MET ITS HOUSING OPPORTUNITY GOAL PURSUANT TO SECTION27
HB24-1313
-21- 29-35-204 (4).1
(b) W
HEN A TRANSIT-ORIENTED COMMUNITY MEETS ITS HOUSING2
OPPORTUNITY GOAL PURSUANT TO SECTION 29-35-204 (4), A3
TRANSIT-ORIENTED COMMUNITY IS A "QUALIFIED TRANSIT-ORIENTED4
COMMUNITY".5
(8) "Q
UALIFIED TRANSIT-ORIENTED COMMUNITY " MEANS A6
TRANSIT-ORIENTED COMMUNITY THAT HAS BOTH MET ITS HOUSING7
OPPORTUNITY GOAL AND HAD THE DEPARTMENT APPROVE EITHER THE8
TRANSIT-ORIENTED COMMUNITY 'S HOUSING OPPORTUNITY GOAL9
PURSUANT TO SECTION 29-35-204 (8), OR THE TRANSIT-ORIENTED10
COMMUNITY'S PROGRESS REPORT PURSUANT TO SECTION 29-35-204 (9).11
(9) "R
EGULATED AFFORDABLE HOUSING " MEANS AFFORDABLE12
HOUSING THAT:13
(a) I
S CREATED OR SUPPORTED BY PUBLIC SUBSIDIES , LOCAL14
INCLUSIONARY ZONING ORDINANCES , DEED RESTRICTIONS, OR OTHER15
REGULATIONS OR PROGRAMS ;16
(b) R
ESTRICTS OR LIMITS MAXIMUM RENTAL OR SALE PRICE ; AND17
(c) R
ESTRICTS RESIDENT INCOME LEVELS TO LOW - TO18
MODERATE-INCOME HOUSEHOLD LEVELS FOR A SPECIFIED PERIOD .19
(10) "T
RANSIT AREA" MEANS BOTH A TRANSIT STATION AREA , AS20
DEFINED IN SUBSECTION (14) OF THIS SECTION, OR A TRANSIT CORRIDOR21
AREA, AS DEFINED IN SUBSECTION (12) OF THIS SECTION.22
(11) "T
RANSIT CENTER" MEANS AN AREA THAT BOTH MEETS THE23
REQUIREMENTS OF SECTION 29-35-206 AND IS DESIGNATED AS A TRANSIT24
CENTER BY A TRANSIT-ORIENTED COMMUNITY .25
(12) "T
RANSIT CORRIDOR AREA " MEANS THE TOTAL AREA ,26
MEASURED IN ACRES, WITHIN A TRANSIT-ORIENTED COMMUNITY THAT IS27
HB24-1313
-22- WITHIN ONE-QUARTER MILE OF A PUBLIC BUS ROUTE AND THAT EITHER :1
(a) H
AS A SCHEDULED FREQUENCY OF FIFTEEN MINUTES OR LESS2
DURING THE HIGHEST FREQUENCY SERVICE HOURS ; OR3
(b) I
S AN URBAN BUS RAPID TRANSIT SERVICE.4
(13) "T
RANSIT-ORIENTED COMMUNITY " MEANS A LOCAL5
GOVERNMENT THAT:6
(a) I
S EITHER ENTIRELY OR PARTIALLY WITHIN A METROPOLITAN7
PLANNING ORGANIZATION;8
(b) H
AS A POPULATION OF FOUR THOUSAND OR MORE ACCORDING9
TO THE MOST RECENT DATA FROM THE STATE DEMOGRAPHY OFFICE ;10
(c) C
ONTAINS AT LEAST SEVENTY-FIVE ACRES OF TRANSIT AREA;11
AND12
(d) I
F THE LOCAL GOVERNMENT IS A COUNTY , CONTAINS EITHER:13
(I) A
PART OF A TRANSIT STATION AREA THAT IS BOTH IN AN14
UNINCORPORATED PART OF THE COUNTY AND WITHIN ONE -HALF MILE OF15
A TRANSIT STATION THAT SERVES ONE OR BOTH OF A COMMUTER RAIL OR16
A LIGHT RAIL SERVICE; OR17
(II)
A PART OF A TRANSIT CORRIDOR AREA THAT IS BOTH IN AN18
UNINCORPORATED PART OF THE COUNTY AND FULLY SURROUNDED BY ONE19
OR MORE MUNICIPALITIES.20
(14) "T
RANSIT STATION AREA " MEANS THE TOTAL AREA ,21
MEASURED IN ACRES, WITHIN A TRANSIT-ORIENTED COMMUNITY THAT IS22
WITHIN ONE-HALF MILE OF A STATION THAT SERVES ONE OR MORE OF THE23
FOLLOWING:24
(a) C
OMMUTER BUS RAPID TRANSIT SERVICE ;25
(b) C
OMMUTER RAIL;26
(c) L
IGHT RAIL; OR27
HB24-1313
-23- (d) A PUBLIC BUS ROUTE THAT HAS A SCHEDULED FREQUENCY OF1
FIFTEEN MINUTES OR LESS DURING THE HIGHEST FREQUENCY SERVICE2
HOURS AND OPERATES PRIMARILY ON AN INTERSTATE HIGHWAY .3
(15) "Z
ONING CAPACITY" MEANS THE TOTAL NUMBER OF HOUSING4
UNITS ALLOWED IN AN AREA, AS LIMITED BY THE RESTRICTIONS IN LOCAL5
LAW THAT REGULATE DENSITY IN THAT AREA , INCLUDING BUT NOT6
LIMITED TO RESTRICTIONS RELATED TO UNITS PER ACRE , LOT AREA PER7
UNIT, LOT COVERAGE, SITE LEVEL OPEN SPACE REQUIREMENTS , FLOOR8
AREA RATIOS, SETBACKS, MINIMUM PARKING REQUIREMENTS , AND9
MAXIMUM HEIGHT.10
29-35-203. Department of local affairs collaboration. A
S11
DETERMINED TO BE APPROPRIATE BY THE EXECUTIVE DIRECTOR OF THE12
DEPARTMENT, THE DEPARTMENT SHALL COLLABORATE WITH THE13
DEPARTMENT OF TRANSPORTATION AND THE COLORADO ENERGY OFFICE14
IN FULFILLING THE REQUIREMENTS OF THIS PART 2.15
29-35-204. Transit-oriented community housing opportunity16
goal calculation - preliminary transit-oriented community assessment17
report - housing opportunity goal compliance - insufficient water18
supplies for meeting a housing opportunity goal - affordability and19
displacement mitigation strategies - housing opportunity goal report20
- legislative declaration. (1) Legislative declaration. T
HE GENERAL21
ASSEMBLY HEREBY FINDS AND DECLARES THAT :22
(a) T
RANSIT RIDERSHIP, LAND USE DEVELOPMENT PATTERNS ,23
AFFORDABILITY AND AVAILABILITY OF HOUSING , ROADS, AND24
GREENHOUSE GAS EMISSIONS FROM THE TRANSPORTATION SECTOR ARE25
INTERCONNECTED ISSUES THAT HAVE IMPACTS AND CONCERNS WELL26
BEYOND THE BORDERS OF A SINGLE LOCAL COMMUNITY ;27
HB24-1313
-24- (b) COLORADO HAS AN INTEREST IN ENSURING A STABLE QUANTITY1
AND QUALITY OF HOUSING IN ALIGNMENT WITH POPULATION GROWTH AND2
ENSURING THAT SHARED RESOURCES , INVESTMENTS, AND GOALS SUCH AS3
ROADS, INFRASTRUCTURE, TRANSIT, AIR QUALITY, WATER, AND4
GREENHOUSE GAS MITIGATION , ARE PROTECTED IN THE PROCESS; AND5
(c) I
NCREASING HOUSING DENSITY IN TRANSIT -ORIENTED6
COMMUNITIES IS A MATTER OF MIXED STATEWIDE AND LOCAL CONCERN7
THAT REQUIRES STATEWIDE COOPERATION .8
(2) Housing opportunity goal calculation. (a) A9
TRANSIT-ORIENTED COMMUNITY SHALL CALCULATE ITS HOUSING10
OPPORTUNITY GOAL BY MULTIPLYING THE TOTAL AREA OF THE TRANSIT11
AREAS WITHIN THE LOCAL GOVERNMENT 'S JURISDICTION, EXCLUSIVE OF12
THE EXEMPT PARCELS IN THOSE TRANSIT AREAS , BY AN AVERAGE ZONED13
HOUSING DENSITY OF FORTY UNITS PER ACRE .14
(b) I
N DETERMINING WHETHER A PARCEL QUALIFIES AS AN EXEMPT15
PARCEL FOR THE PURPOSE OF CALCULATING ITS HOUSING OPPORTUNITY16
GOAL, A TRANSIT-ORIENTED COMMUNITY SHALL INTERPRET INFORMATION17
INFORMING ITS DETERMINATION IN A MANNER THAT RESULTS IN18
DETERMINING THAT THE SMALLEST AREA OF PARCELS AS REASONABLY19
POSSIBLE ARE EXEMPT PARCELS.20
(3) Preliminary transit-oriented community assessment report.21
(a) O
N OR BEFORE JANUARY 31, 2025, A TRANSIT-ORIENTED COMMUNITY22
SHALL, IN A FORM AND MANNER D ETERMINED BY THE DEPARTMENT ,23
SUBMIT A PRELIMINARY TRANSIT -ORIENTED COMMUNITY ASSESSMENT24
REPORT THAT INCLUDES:25
(I) T
HE TRANSIT-ORIENTED COMMUNITY'S HOUSING OPPORTUNITY26
GOAL AND THE DATA AND METHOD THE TRANSIT -ORIENTED COMMUNITY27
HB24-1313
-25- USED TO CALCULATE ITS HOUSING OPPORTUNITY GOAL ; AND1
(II) A
MAP OF EXISTING ZONING DISTRICTS WITHIN THE2
TRANSIT-ORIENTED COMMUNITY THAT MAY QUALIFY AS TRANSIT CENTERS3
AND PRELIMINARY EVIDENCE FOR THIS QUALIFICATION INCLUDING THE4
STANDARDS APPLICABLE TO THESE ZONING DISTRICTS .5
(b) T
HE DEPARTMENT SHALL REVIEW A PRELIMINARY6
TRANSIT-ORIENTED COMMUNITY ASSESSMENT REPORT SUBMITTED BY A7
TRANSIT-ORIENTED COMMUNITY PURSUANT TO THIS SUBSECTION (3) AND8
EITHER PROVIDE WRITTEN NOTICE APPROVING THE REPORT OR PROVIDE9
DIRECTION FOR AMENDING AND RESUBMITTING THE REPORT .10
(4) Housing opportunity goal compliance. (a) I
F A11
TRANSIT-ORIENTED COMMUNITY DOES NOT MEET ITS HOUSING12
OPPORTUNITY GOAL ON OR BEFORE DECEMBER 31, 2026, THE13
DEPARTMENT SHALL DESIGNATE THE TRANSIT -ORIENTED COMMUNITY AS14
A NONQUALIFIED TRANSIT-ORIENTED COMMUNITY .15
(b) O
N OR BEFORE DECEMBER 31, 2027, A TRANSIT-ORIENTED16
COMMUNITY SHALL MEET ITS HOUSING OPPORTUNITY GOAL .17
(c) T
O ENSURE THAT A TRANSIT-ORIENTED COMMUNITY MEETS ITS18
HOUSING OPPORTUNITY GOAL , A TRANSIT-ORIENTED COMMUNITY SHALL :19
(I) D
ESIGNATE AREAS WITHIN THE TRANSIT-ORIENTED COMMUNITY20
AS TRANSIT CENTERS AND ENSURE THAT THOSE AREAS SATISFY THE21
REQUIREMENTS IN SECTION 29-35-206;22
(II) E
NSURE THAT THE TOTAL ZONING CAPACITY FOR ALL TRANSIT23
CENTERS WITHIN THE TRANSIT-ORIENTED COMMUNITY IS GREATER THAN24
OR EQUAL TO THE TRANSIT -ORIENTED COMMUNITY 'S HOUSING25
OPPORTUNITY GOAL; AND26
(III) S
UBMIT A HOUSING OPPORTUNITY GOAL REPORT AND HAVE27
HB24-1313
-26- THE REPORT APPROVED BY THE DEPARTMENT PURSUANT TO SUBSECTION1
(8)
OF THIS SECTION.2
(5) Insufficient water supplies for meeting a housing3
opportunity goal. (a) O
N OR BEFORE DECEMBER 31, 2026, AND EVERY4
THREE YEARS THEREAFTER , A TRANSIT-ORIENTED COMMUNITY MAY5
NOTIFY THE DEPARTMENT, IN A FORM AND MANNER DETERMINED BY THE6
DEPARTMENT, THAT A WATER SUPPLY ENTITY , AS DEFINED IN SECTION7
29-20-302
(2), THAT SUPPLIES WATER TO AN AREA WITHIN THE8
TRANSIT-ORIENTED COMMUNITY HAS DETERMINED THAT THE WATER9
SUPPLY ENTITY DOES NOT HAVE SUFFICIENT AVAILABLE WATER SUPPLIES10
DURING THE MOST RECENT THREE -YEAR PERIOD TO PROVIDE THE11
DOMESTIC WATER SERVICE NECESSARY TO MEET THE TRANSIT -ORIENTED12
COMMUNITY'S HOUSING OPPORTUNITY GOAL IN THAT AREA . THE WATER13
SUPPLY ENTITY SHALL PROVIDE INFORMATION AND ASSISTANCE AS14
NECESSARY TO COMPLETE THE NOTICE ALLOWED BY THIS SUBSECTION (5).15
T
HE NOTICE ALLOWED BY THIS SUBSECTION (5) MUST INCLUDE, BUT IS NOT16
LIMITED TO:17
(I) A
N ANALYSIS OF THE WATER SUPPLY ENTITY 'S ABILITY TO18
ADOPT A PREFERENCE POLICY FOR WATER SUPPLY ALLOCATIONS FOR19
REGULATED AFFORDABLE HOUSING AND MULTIFAMILY HOUSING WITHIN20
TRANSIT CENTERS IN THE TRANSIT -ORIENTED COMMUNITY THAT21
INCORPORATES WATER USAGE DATA FOR DIFFERENT HOUSING TYPES ;22
(II) A
N ANALYSIS OF THE DIFFERENCE BETWEEN :23
(A) A
N ESTIMATE OF THE AMOUNT OF HOUSING IN THE TRANSIT24
CENTERS THAT THE WATER SUPPLY ENTITY PROVIDES WATER SERVICES TO25
AS OF JANUARY 1, 2024; AND26
(B) T
HE ZONING CAPACITY THAT EXISTS IN THE TRANSIT CENTERS27
HB24-1313
-27- THAT THE WATER SUPPLY ENTITY PROVIDES , OR IS COMMITTED TO1
PROVIDE, WATER SERVICE TO AS OF JANUARY 1, 2024;2
(III) A
N ANALYSIS OF PROJECTED HOUSING AND POPULATION3
GROWTH FROM THE STATE DEMOGRAPHY OFFICE OR RELEVANT4
METROPOLITAN PLANNING ORGANIZATION IN THE AREA WITHIN THE5
TRANSIT-ORIENTED COMMUNITY THAT THE WATER SUPPLY ENTITY6
PROVIDES DOMESTIC WATER SERVICES TO ;7
(IV) (A) A
COMPARISON OF THE ANALYSES IN SUBSECTIONS8
(5)(a)(II),
AND (5)(a)(III) OF THIS SECTION AND AN APPLICATION OF THESE9
ANALYSES TO THE ESTIMATED WATER NEEDED TO SUPPLY DOMESTIC10
WATER SERVICE FOR THE TRANSIT CENTERS THAT THE WATER SUPPLY11
ENTITY CURRENTLY PROVIDES WATER SERVICES TO FOR THE12
TRANSIT-ORIENTED COMMUNITY TO MEET ITS HOUSING OPPORTUNITY13
GOAL; AND 14
(B) A
NY DATA, PROFESSIONAL OPINIONS, OR OTHER INFORMATION15
USED TO CREATE THE ANALYSIS IN THIS SUBSECTION (5)(a)(IV);16
(V) D
OCUMENTATION DEMONSTRATING BOTH AN UP -TO-DATE17
WATER SUPPLY PLAN THAT COMPLIES WITH SECTION 29-20-304 (3) AND AN18
UP-TO-DATE WATER EFFICIENCY PLAN THAT COMPLIES WITH SECTION19
37-60-126
(1) THROUGH (5);20
(VI) A
PROPOSAL THAT MAY INCLUDE:21
(A) A
REQUEST FOR AN AMOUNT OF ADDITIONAL TIME FOR THE22
TRANSIT-ORIENTED COMMUNITY TO MEET ITS HOUSING OPPORTUNITY23
GOAL IN A MANNER THAT WILL ALLOW THE WATER SUPPLY ENTITY TO24
PROVIDE THE NECESSARY DOMESTIC WATER SERVICES ; AND25
(B) A
N ACTION PLAN BASED ON THE ANALYSES IN SUBSECTIONS26
(5)(a)(I)
THROUGH (5)(a)(IV) OF THIS SECTION.27
HB24-1313
-28- (b) UPON RECEIVING THE NOTICE DESCRIBED IN SUBSECTION (5)(a)1
OF THIS SECTION, THE DEPARTMENT SHALL REVIEW THE NOTICE AND2
DETERMINE WHETHER TO ACCEPT , PROVIDE COMMENT ON, OR DENY THE3
PROPOSAL DESCRIBED IN SUBSECTION (5)(a)(VI) OF THIS SECTION.4
(6) Affordability strategies. (a) O
N OR BEFORE DECEMBER 31,5
2026,
A TRANSIT-ORIENTED COMMUNITY SHALL IDENTIFY AFFORDABILITY6
STRATEGIES THAT IT WILL IMPLEMENT WHILE MEETING ITS HOUSING7
OPPORTUNITY GOAL. IN SO DOING, THE TRANSIT-ORIENTED COMMUNITY8
SHALL IDENTIFY AFFORDABILITY STRATEGIES BASED ON THE9
DEMONSTRATED HOUSING NEEDS WITHIN THE TRANSIT -ORIENTED10
COMMUNITY INCLUDING FOR -SALE AND RENTAL HOUSING NEEDS AND THE11
HOUSING NEEDS OF LOW -, MODERATE-, AND MEDIUM -INCOME12
HOUSEHOLDS, AS DESIGNATED BY THE UNITED STATES DEPARTMENT OF13
HOUSING AND URBAN DEVELOPMENT .14
(b) (I) O
N OR BEFORE DECEMBER 31, 2026, A TRANSIT-ORIENTED15
COMMUNITY SHALL INCLUDE THE FOLLOWING IN ITS HOUSING16
OPPORTUNITY GOAL REPORT SUBMITTED PURSUANT TO SUBSECTION17
(8)(a)(IV)
OF THIS SECTION:18
(A) A
T LEAST TWO STRATEGIES INCLUDED IN THE STANDARD19
AFFORDABILITY STRATEGIES MENU DESCRIBED IN SECTION 29-35-209 (1)20
THAT THE TRANSIT-ORIENTED COMMUNITY IDENTIFIED PURSUANT TO21
SUBSECTION (6)(a) OF THIS SECTION AND INTENDS TO IMPLEMENT ;22
(B) A
T LEAST ONE STRATEGY INCLUDED IN THE LONG -TERM23
AFFORDABILITY STRATEGIES MENU DESCRIBED IN SECTION 29-35-209 (2)24
THAT THE TRANSIT-ORIENTED COMMUNITY IDENTIFIED PURSUANT TO25
SUBSECTION (6)(a) OF THIS SECTION AND INTENDS TO IMPLEMENT ; AND26
(C) A
N IMPLEMENTATION PLAN DESCRIBING HOW THE27
HB24-1313
-29- TRANSIT-ORIENTED COMMUNITY HAS OR WILL IMPLEMENT THE1
AFFORDABILITY STRATEGIES IDENTIFIED PURSUANT TO SUBSECTIONS2
(6)(b)(I)(A)
AND (6)(b)(I)(B) OF THIS SECTION.3
(II) F
OR PURPOSES OF SATISFYING THE REQUIREMENTS OF THIS4
SUBSECTION (6)(b), A TRANSIT-ORIENTED COMMUNITY SHALL NOT :5
(A) C
OUNT ONE OR BOTH OF THE STRATEGIES DESCRIBED IN6
SECTIONS 29-35-209 (1)(e) AND 29-35-209 (2)(c) TOWARDS SATISFYING7
THE REQUIREMENTS OF BOTH SUBSECTIONS (6)(b)(I)(A) AND (6)(b)(I)(B)8
OF THIS SECTION; OR9
(B) C
OUNT ANY STRATEGY DESCRIBED IN SECTION 29-35-209 THAT10
IS OTHERWISE REQUIRED BY STATE LAW .11
(7) Displacement mitigation strategies. O
N OR BEFORE12
D
ECEMBER 31, 2026, A TRANSIT-ORIENTED COMMUNITY SHALL INCLUDE13
THE FOLLOWING IN ITS HOUSING OPPORTUNITY GOAL REPORT , PURSUANT14
TO SUBSECTION (8)(a)(V) OF THIS SECTION:15
(a) A
NY DISPLACEMENT MITIGATION STRATEGIES THAT THE16
TRANSIT-ORIENTED COMMUNITY HAS ADOPTED OR WILL ADOPT FROM THE17
DISPLACEMENT MITIGATION STRATEGIES MENU DEVELOPED BY THE18
DEPARTMENT PURSUANT TO SECTION 29-35-210 (2) TO MITIGATE19
DISPLACEMENT RISKS WHILE MEETING ITS HOUSING OPPORTUNITY GOAL ;20
AND21
(b) A
N IMPLEMENTATION PLAN DESCRIBING HOW THE22
TRANSIT-ORIENTED COMMUNITY WILL IMPLEMENT THE DISPLACEMENT23
MITIGATION STRATEGIES IT IDENTIFIES PURSUANT TO SUBSECTION (7)(a)24
OF THIS SECTION.25
(8) Housing opportunity goal report. (a) O
N OR BEFORE26
D
ECEMBER 31, 2026, A TRANSIT-ORIENTED COMMUNITY SHALL SUBMIT A27
HB24-1313
-30- HOUSING OPPORTUNITY GOAL REPORT TO THE DEPARTMENT IN A FORM1
AND MANNER DETERMINED BY THE DEPARTMENT . THE REPORT MUST2
INCLUDE THE FOLLOWING, ALONG WITH ANY OTHER ELEMENTS IDENTIFIED3
BY THE DEPARTMENT:4
(I) T
HE TRANSIT-ORIENTED COMMUNITY'S HOUSING OPPORTUNITY5
GOAL;6
(II) E
VIDENCE THAT THE TRANSIT-ORIENTED COMMUNITY HAS MET7
ITS HOUSING OPPORTUNITY GOAL PURSUANT TO SUBSECTION (4)(c) OF THIS8
SECTION;9
(III) A
MAP THAT IDENTIFIES THE BOUNDARIES OF ANY TRANSIT10
CENTERS WITHIN THE TRANSIT -ORIENTED COMMUNITY AND EVIDENCE11
THAT THOSE AREAS SATISFY THE REQUIREMENTS IN SECTION 29-35-206;12
(IV) A
FFORDABILITY STRATEGIES PURSUANT TO SUBSECTION13
(6)(b)(I)(A)
AND (6)(b)(I)(B) OF THIS SECTION AND THE IMPLEMENTATION14
PLAN DESCRIBED PURSUANT TO SUBSECTION (6)(b)(I)(C) OF THIS SECTION;15
(V) D
ISPLACEMENT MITIGATION STRATEGIES PURSUANT TO16
SUBSECTION (7)(a) OF THIS SECTION AND THE IMPLEMENTATION PLAN17
DESCRIBED PURSUANT TO SUBSECTION (7)(b) OF THIS SECTION; AND18
(VI) I
F APPLICABLE, AND IF THE TRANSIT-ORIENTED COMMUNITY19
SO CHOOSES, EVIDENCE THAT THE TRANSIT-ORIENTED COMMUNITY HAS20
SATISFIED THE REQUIREMENTS OF SUBSECTION (5) OF THIS SECTION.21
(b) T
HE DEPARTMENT SHALL REVIEW A HOUSING OPPORTUNITY22
GOAL REPORT SUBMITTED BY A TRANSIT -ORIENTED COMMUNITY23
PURSUANT TO SUBSECTION (8)(a) OF THIS SECTION AND PROVIDE WRITTEN24
NOTICE THAT EITHER:25
(I) A
PPROVES THE REPORT AND AFFIRMS THAT THE26
TRANSIT-ORIENTED COMMUNITY HAS SATISFIED THE RELEVANT27
HB24-1313
-31- REQUIREMENTS OF THIS SECTION AND IS THEREFORE CONSIDERED A1
QUALIFIED TRANSIT-ORIENTED COMMUNITY; OR2
(II) P
ROVIDES DIRECTION FOR AMENDING AND RESUBMITTING THE3
REPORT AND REQUIRES THAT THE TRANSIT -ORIENTED COMMUNITY4
RESUBMIT THE REPORT WITHIN NIN ETY DAYS OF RECEIVING THE WRITTEN5
NOTICE.6
(c) (I) I
F A TRANSIT-ORIENTED COMMUNITY FAILS TO SUBMIT A7
HOUSING OPPORTUNITY GOAL REPORT TO THE DEPARTMENT PURSUANT TO8
SUBSECTION (8)(a) OF THIS SECTION OR FAILS TO SUBMIT AN AMENDED9
HOUSING OPPORTUNITY GOAL REPORT PURSUANT TO SUBSECTION (8)(b)(II)10
OF THIS SECTION , THE DEPARTMENT SHALL PROVIDE THE11
TRANSIT-ORIENTED COMMUNITY WRITTEN NOTICE STATING THAT THE12
TRANSIT-ORIENTED COMMUNITY WILL BE DEEMED A NONQUALIFIED13
TRANSIT-ORIENTED COMMUNITY UNLESS THE TRANSIT -ORIENTED14
COMMUNITY SUBMITS A HOUSING OPPORTUNITY GOAL REPORT OR AN15
AMENDED HOUSING OPPORTUNITY GOAL REPORT TO THE DEPARTMENT16
WITHIN NINETY DAYS OF RECEIVING THE NOTICE .17
(II) I
F A TRANSIT-ORIENTED COMMUNITY DOES NOT SUBMIT A18
HOUSING OPPORTUNITY GOAL REPORT OR AN AMENDED HOUSING19
OPPORTUNITY GOAL REPORT WITHIN NINETY DAYS OF RECEIVING THE20
WRITTEN NOTICE DESCRIBED IN SUBSECTION (8)(c)(I) OF THIS SECTION,21
THE DEPARTMENT SHALL PROVIDE THE TRANSIT -ORIENTED COMMUNITY22
WRITTEN NOTICE THAT IT IS A NONQUALIFIED TRANSIT -ORIENTED23
COMMUNITY.24
(III) I
F THE DEPARTMENT HAS NOT APPROVED A25
TRANSIT-ORIENTED COMMUNITY'S HOUSING OPPORTUNITY GOAL REPORT26
ON OR BEFORE DECEMBER 31, 2027, THE TRANSIT-ORIENTED COMMUNITY27
HB24-1313
-32- IS IN NON-COMPLIANCE WITH THIS PART 2, AND THE DEPARTMENT MAY1
SEEK AN INJUNCTION FROM A DISTRICT COURT REQUIRING THE2
TRANSIT-ORIENTED COMMUNITY TO COMPLY WITH THE REQUIREMENTS OF3
THIS PART 2.4
(9) Progress report. (a) E
VERY THREE YEARS AFTER SUBMITTING5
A HOUSING OPPORTUNITY GOAL REPORT PURSUANT TO SUBSECTION (8)(a)6
OF THIS SECTION, A TRANSIT-ORIENTED COMMUNITY SHALL SUBMIT A7
PROGRESS REPORT TO THE DEPARTMENT IN A FORM AND M ANNER8
DETERMINED BY THE DEPARTMENT THAT :9
(I) C
ONFIRMS THAT THE TRANSIT -ORIENTED COMMUNITY 'S10
HOUSING OPPORTUNITY GOAL AS DETERMINED PURSUANT TO SUBSECTION11
(2)
OF THIS SECTION IS STILL BEING MET;12
(II) I
NCLUDES ANY UPDATED INFORMATION ABOUT THE ELEMENTS13
OF THE TRANSIT-ORIENTED COMMUNITY 'S HOUSING OPPORTUNITY GOAL14
REPORT REQUIRED PURSUANT TO SUBSECTIONS (8)(a)(II) THROUGH15
(8)(a)(VI)
OF THIS SECTION; AND16
(III) P
ROVIDES DATA REGARDING RESIDENTIAL AND MIXED -USE17
RESIDENTIAL DEVELOPMENT PROJECTS BUILT IN THE TRANSIT -ORIENTED18
COMMUNITY AND WITHIN TRANSIT CENTERS IN THE PREVIOUS THREE19
YEARS, INCLUDING FOR EACH DEVELOPMENT THE NUMBER OF HOUSING20
UNITS BUILT, THE NUMBER OF REGULATED AFFORDABLE HOUSING UNITS21
BUILT, AND THE NET HOUSING DENSITY.22
(b) T
HE DEPARTMENT SHALL REVIEW A PROGRESS REPORT23
SUBMITTED BY A TRANSIT -ORIENTED COMMUNITY PURSUANT TO24
SUBSECTION (9)(a) OF THIS SECTION AND PROVIDE WRITTEN NOTICE THAT25
EITHER:26
(I) A
PPROVES THE REPORT AND AFFIRMS THAT THE27
HB24-1313
-33- TRANSIT-ORIENTED COMMUNITY HAS SATISFIED THE RELEVANT1
REQUIREMENTS OF THIS SECTION AND IS THEREFORE CONSIDERED A2
QUALIFIED TRANSIT-ORIENTED COMMUNITY; OR3
(II) P
ROVIDES DIRECTION FOR AMENDING AND RESUBMITTING THE4
REPORT AND REQUIRES THAT THE TRANSIT -ORIENTED COMMUNITY5
RESUBMIT THE REPORT WITHIN NIN ETY DAYS OF RECEIVING THE WRITTEN6
NOTICE.7
(c) (I) I
F A TRANSIT-ORIENTED COMMUNITY FAILS TO SUBMIT A8
PROGRESS REPORT TO THE DEPARTMENT PURSUANT TO SUBSECTION (9)(a)9
OF THIS SECTION OR FAILS TO SUBMIT AN AMENDED PROGRESS REPORT10
PURSUANT TO SUBSECTION (9)(b)(II) OF THIS SECTION, THE DEPARTMENT11
SHALL PROVIDE THE TRANSIT-ORIENTED COMMUNITY WRITTEN NOTICE12
STATING THAT THE TRANSIT-ORIENTED COMMUNITY WILL BE DEEMED A13
NONQUALIFIED TRANSIT -ORIENTED COMMUNITY UNLESS THE14
TRANSIT-ORIENTED COMMUNITY SUBMITS A PROGRESS REPORT OR AN15
AMENDED PROGRESS REPORT TO THE DEPARTMENT WITHIN NINETY DAYS16
OF RECEIVING THE NOTICE.17
(II) I
F A TRANSIT-ORIENTED COMMUNITY DOES NOT SUBMIT A18
PROGRESS REPORT OR AN AMENDED PROGRESS REPORT WITHIN NINETY19
DAYS OF RECEIVING THE WRITTEN NOTICE DESCRIBED IN SUBSECTION20
(9)(c)(I)
OF THIS SECTION, THE DEPARTMENT SHALL PROVIDE THE21
TRANSIT-ORIENTED COMMUNITY WRITTEN NOTICE THAT IT IS A22
NONQUALIFIED TRANSIT-ORIENTED COMMUNITY.23
29-35-205. Nonqualified transit-oriented communities24
reporting - highway users tax fund allocation. (1) O
N OR AFTER25
D
ECEMBER 31, 2026, AND EVERY MONTH THEREAFTER DURING WHICH A26
LOCAL GOVERNMENT FIRST QUALIFIES AS EITHER A QUALIFIED27
HB24-1313
-34- TRANSIT-ORIENTED COMMUNITY OR A NONQUALIFIED TRANSIT -ORIENTED1
COMMUNITY, THE DEPARTMENT SHALL PROVIDE THE STATE TREASURER2
WITH A LIST OF LOCAL GOVERNMENTS THAT ARE NONQUALIFIED3
TRANSIT-ORIENTED COMMUNITIES.4
(2) N
OTWITHSTANDING ANY LAW TO THE CONTRARY , BEGINNING5
D
ECEMBER 31, 2026, AND EVERY MONTH THEREAFTER , THE STATE6
TREASURER SHALL TRANSFER TO THE TRANSIT -ORIENTED COMMUNITIES7
HIGHWAY USERS TAX ACCOUNT CREATED IN SECTION 29-35-211 (8)(b),8
INSTEAD OF TO THE LOCAL GOVERNMENT ANY MONEY THAT A LOCAL9
GOVERNMENT THAT IS ON THE MOST RECENT LIST PROVIDED TO THE STATE10
TREASURER, PURSUANT TO SUBSECTION (1) OF THIS SECTION, WOULD11
OTHERWISE HAVE BEEN ALLOCATED FROM THE HIGHWAY USERS TAX FUND12
PURSUANT TO SECTIONS 43-4-205 AND 43-4-207 OR SECTIONS 43-4-20513
AND 43-4-208.14
(3) (a) N
OTWITHSTANDING SUBSECTION (2) OF THIS SECTION, THE15
DEPARTMENT MAY NOT EXPEND MONEY FROM THE TRANSIT -ORIENTED16
COMMUNITIES HIGHWAY USERS TAX ACCOUNT CREATED IN SECTION17
29-35-211 (8)(b)
THAT IS ATTRIBUTABLE TO A SPECIFIC NONQUALIFIED18
TRANSIT-ORIENTED COMMUNITY 'S INCLUSION IN THE LIST DESCRIBED IN19
SUBSECTION (1) OF THIS SECTION UNTIL ONE HUNDRED EIGHTY DAYS20
AFTER THE NONQUALIFIED TRANSIT -ORIENTED COMMUNITY HAS FIRST21
APPEARED ON THE LIST.22
(b) I
F A LOCAL GOVERNMENT IS NO LONGER A NONQUALIFIED23
TRANSIT-ORIENTED COMMUNITY WITHIN ONE HUNDRED EIGHTY DAYS24
AFTER THE NONQUALIFIED LOCAL GOVERNMENT FIRST APPEARS ON THE25
LIST DESCRIBED IN SUBSECTION (1) OF THIS SECTION, THE STATE26
TREASURER SHALL ISSUE A WARRANT TO THAT LOCAL GOVERNMENT27
HB24-1313
-35- EQUAL TO THE AMOUNT OF MONEY IN THE TRANSIT -ORIENTED1
COMMUNITIES HIGHWAY USERS TAX ACCOUNT CREATED IN SECTION2
29-35-211 (8)(b)
THAT IS ATTRIBUTABLE TO THE LOCAL GOVERNMENT 'S3
INCLUSION ON THE LIST DESCRIBED IN SUBSECTION (1) OF THIS SECTION.4
29-35-206. Criteria for qualification as a transit center -5
criteria for qualification as a transit center outside of a transit area.6
(1) T
O DESIGNATE AN AREA AS A TRANSIT CENTER , A TRANSIT-ORIENTED7
COMMUNITY SHALL:8
(a) E
NSURE THAT THE AREA IS COMPOSED SOLELY OF ZONING9
DISTRICTS THAT UNIFORMLY ALLOW A NET HOUSING DENSITY OF AT LEAST10
FIFTEEN UNITS PER ACRE WITH NO PARCEL OR ZONING DISTRICT BEING11
COUNTED AS ALLOWING A NET HOUSING DENSITY OF MORE THAN THREE12
HUNDRED UNITS PER ACRE;13
(b) I
DENTIFY A NET HOUSING DENSITY ALLOWED FOR THE AREA OR14
FOR SUBDISTRICTS WITHIN THE AREA . THE IDENTIFIED NET HOUSING15
DENSITY MUST:16
(I) I
NCORPORATE ANY DIMENSIONAL OR OTHER RESTRICTIONS IN17
LOCAL LAWS USED TO REGULATE DENSITY IN THE AREA , INCLUDING BUT18
NOT LIMITED TO RESTRICTIONS RELATED TO UNITS PER ACRE , LOT AREA19
PER UNIT, LOT COVERAGE, SITE LEVEL OPEN SPACE REQUIREMENTS, FLOOR20
AREA RATIOS, SETBACKS, MINIMUM PARKING REQUIREMENTS , AND21
MAXIMUM HEIGHT;22
(II) A
SSUME MINIMUM PARKING REQUIREMENTS ARE MET WITH23
SURFACE PARKING, UNLESS MINIMUM PARKING REQUIREMENTS ARE LESS24
THAN SEVEN-TENTHS PER DWELLING UNIT; AND25
(III) A
SSUME AN AVERAGE HOUSING UNIT SIZE THAT IS26
REPRESENTATIVE OF THE AVERAGE MULTIFAMILY HOUSING IN THE27
HB24-1313
-36- JURISDICTION;1
(c) E
XCLUDE ANY AREA WHERE LOCAL LAW EXCLUSIVELY2
RESTRICTS HOUSING OCCUPANCY BASED ON AGE OR OTHER FACTORS ;3
(d) E
STABLISH AN ADMINISTRATIVE APPROVAL PROCESS FOR4
MULTIFAMILY RESIDENTIAL DEVELOPMENT ON PARCELS IN THE AREA THAT5
ARE NO MORE THAN FIVE ACRES IN SIZE. FOR MULTIFAMILY RESIDENTIAL6
DEVELOPMENT APPLICATIONS ON PARCELS GREATER THAN FIVE ACRES IN7
SIZE, A TRANSIT-ORIENTED COMMUNITY SHALL IDENTIFY A TARGET NET8
HOUSING DENSITY FOR THE PARCELS TO COUNT THE PARCELS AS PART OF9
THE TRANSIT CENTER THAT COVERS THE AREA . THIS SUBSECTION (1)(d)10
DOES NOT PREVENT THE ESTABLISHMENT OF DEVELOPER AGREEMENTS11
BETWEEN THE LOCAL GOVERNMENT AND DEVELOPERS .12
(e) E
NSURE THAT THE AREA IS LOCATED WHOLLY OR PARTIALLY13
WITHIN A TRANSIT AREA, AND THAT THE DESIGNATED TRANSIT CENTER IS14
COMPRISED OF PARCELS THAT ARE CONTIGUOUS AND DOES NOT EXTEND15
MORE THAN ONE-QUARTER MILE FROM THE EDGE OF THE TRANSIT AREA .16
(2) N
OTWITHSTANDING SUBSECTION (1)(e) OF THIS SECTION, A17
TRANSIT-ORIENTED COMMUNITY MAY DESIGNATE AN AREA AS A TRANSIT18
CENTER BEYOND WHAT IS ALLOWED PURSUANT TO SUBSECTION (1)(e) OF19
THIS SECTION, BY FILING A REQUEST WITH THE DEPARTMENT , IN A FORM20
AND MANNER DETERMINED BY THE DEPARTMENT , DEMONSTRATING THAT: 21
(a) W
ITHIN THE TRANSIT AREAS IN THE TRANSIT -ORIENTED22
COMMUNITY:23
(I) T
HE AREA PROPOSED FOR DESIGNATION AS A TRANSIT CENTER24
HAS A REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE25
INFRASTRUCTURE TO SERVE MULTIFAMILY HOUSING ;26
(II) T
HE TRANSIT-ORIENTED COMMUNITY HAS ADOPTED A PLAN TO27
HB24-1313
-37- INVEST IN AND EXPAND INFRASTRUCTURE TO SERVE MULTIFAMILY1
HOUSING; AND2
(III) T
HE AREA PROPOSED FOR DESIGNATION AS A TRANSIT CENTER3
HAS A NET HOUSING DENSITY ALLOWED BY DIMENSIONAL AND OTHER4
RESTRICTIONS IN LOCAL LAWS THAT MAXIMIZES FUTURE HOUSING5
PRODUCTION THAT IS REASONABLY EXPECTED TO OCCUR IN THE AREA ;6
AND7
(b) T
HE AREA THAT THE TRANSIT -ORIENTED COMMUNITY IS8
REQUESTING TO DESIGNATE AS A TRANSIT CENTER :9
(I) H
AS A REASONABLE OPPORTUNITY FOR NEW MULTIFAMILY10
HOUSING, INCLUDING ADEQUATE INFRASTRUCTURE ; AND11
(II) I
F DESIGNATED AS A TRANSIT CENTER BY THE12
TRANSIT-ORIENTED COMMUNITY , WOULD PROVIDE BENEFITS THAT MAY13
INCLUDE REGULATED AFFORDABLE HOUSING , MULTIMODAL MOBILITY ,14
TRANSIT-SUPPORTIVE DENSITY TO INCREASE OR EXPAND TRANSIT SERVICE ,15
EXPANDED HOUSING ACCESS IN HIGH -OPPORTUNITY AREAS, IMPROVED16
BALANCE OF HOUSING AND JOBS IN THE AREA OR REGION , ACCESSIBLE17
HOUSING, AND ACCESS TO DAILY NEEDS WITHIN A MIXED -USE18
PEDESTRIAN-ORIENTED NEIGHBORHOOD .19
(c) T
HE DEPARTMENT MAY REVIEW A TRANSIT -ORIENTED20
COMMUNITY'S REQUEST TO DESIGNATE AN AREA AS A TRANSIT CENTER21
PURSUANT TO THIS SUBSECTION (2) AND APPROVE OR DENY THE REQUEST22
BASED ON CONSISTENCY WITH THE GOALS IN SUBSECTION (2)(b)(II) OF23
THIS SECTION.24
29-35-207. Criteria for qualification as a neighborhood center.25
(1) (a) T
O DESIGNATE AN AREA AS A NEIGHBORHOOD CENTER , A LOCAL26
GOVERNMENT IN A METROPOLITAN PLANNING ORGANIZATION SHALL , IN27
HB24-1313
-38- ACCORDANCE WITH POLICIES AND PROCEDURES ADOPTED BY THE1
DEPARTMENT:2
(I) E
NSURE THAT THE AREA ALLOWS AN AVERAGE ZONED HOUSING3
DENSITY TO BE ESTABLISHED BY THE DEPARTMENT THAT SUPPORTS4
PEDESTRIAN-ORIENTED MIXED-USE NEIGHBORHOODS, THE DEVELOPMENT5
OF REGULATED AFFORDABLE HOUSING , AND INCREASED PUBLIC TRANSIT6
RIDERSHIP;7
(II) E
STABLISH AN ADMINISTRATIVE APPROVAL PROCESS FOR8
MULTIFAMILY RESIDENTIAL DEVELOPMENT ON PARCELS IN THE AREA THAT9
ARE NO LARGER THAN A SIZE DETERMINED BY THE DEPARTMENT ;10
(III) E
NSURE THAT THE AREA HAS A MIXED -USE11
PEDESTRIAN-ORIENTED NEIGHBORHOOD , AS DETERMINED BY CRITERIA12
ESTABLISHED BY THE DEPARTMENT ; AND13
(IV) S
ATISFY ANY OTHER CRITERIA , AS DETERMINED BY THE14
DEPARTMENT, AND AS MAY VARY BY REGIONAL CONTEXT , FOR THE15
QUALIFICATION OF AN AREA AS A NEIGHBORHOOD CENTER .16
(b) N
OTWITHSTANDING THE REQUIREMENTS FOR A LOCAL17
GOVERNMENT DESIGNATING AN AREA AS A NEIGHBORHOOD CENTER18
PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION, THE DEPARTMENT19
SHALL ESTABLISH SEPARATE REQUIREMENTS FOR LOCAL GOVERNMENTS20
DESIGNATING AREAS WITHIN OPTIONAL TRANSIT AREAS IDENTIFIED BY THE21
DEPARTMENT PURSUANT TO SECTION 29-35-208 (1)(c).22
(2) I
F A LOCAL GOVERNMENT DESIGNATES AN AREA AS A23
NEIGHBORHOOD CENTER PURSUANT TO SUBSECTION (1) OF THIS SECTION,24
THE LOCAL GOVERNMENT SHALL SUBMIT A NEIGHBORHOOD CENTER25
REPORT TO THE DEPARTMENT IN A FORM AND MANNER DETERMINED BY26
THE DEPARTMENT.27
HB24-1313
-39- 29-35-208. Transit areas map - housing opportunity goals,1
models, and guidance. (1) Transit areas map. (a) O
N OR BEFORE JULY2
31,
2024, THE DEPARTMENT, IN CONSULTATION WITH METROPOLITAN3
PLANNING ORGANIZATIONS , AND TRANSIT AGENCIES THAT OPERATE4
WITHIN METROPOLITAN PLANNING OR GANIZATIONS , SHALL PUBLISH A MAP5
THAT DESIGNATES TRANSIT AREAS TO BE USED BY TRANSIT -ORIENTED6
COMMUNITIES IN CALCULATING HOUSING OPPORTUNITY GOALS .7
(b) I
N PUBLISHING THE MAP DESCRIBED IN SUBSECTION (1)(a) OF8
THIS SECTION, THE DEPARTMENT SHALL DESIGNATE TRANSIT AREAS BASED9
ON:10
(I) A
N URBAN BUS RAPID TRANSIT SERVICE OR COMMUTER BUS11
RAPID TRANSIT SERVICE THAT IS IDENTIFIED WITHIN A METROPOLITAN12
PLANNING ORGANIZATION 'S FISCALLY-CONSTRAINED LONG RANGE13
TRANSPORTATION PLAN ADOPTED PRIOR TO JANUARY 1, 2024, AND14
PLANNED FOR IMPLEMENTATION , ACCORDING TO THAT PLAN , PRIOR TO15
J
ANUARY 1, 2030;16
(II) T
RANSIT SERVICE LEVELS PLANNED AND APPROVED BY THE17
BOARD OF A TRANSIT AGENCY AS OF JANUARY 1, 2024, AND INTENDED FOR18
IMPLEMENTATION BEFORE JANUARY 1, 2030; OR19
(III) I
F THE INFORMATION IN SUBSECTIONS (1)(b)(I) AND (1)(b)(II)20
OF THIS SECTION IS NOT AVAILABLE TO THE DEPARTMENT , EXISTING21
TRANSIT SERVICE LEVELS AS OF JANUARY 1, 2024.22
(c) I
N PUBLISHING THE MAP DESCRIBED IN SUBSECTION (1)(a) OF23
THIS SECTION, THE DEPARTMENT SHALL DESIGNATE THE FOLLOWING24
OPTIONAL TRANSIT AREAS FOR PLANNING OF FUTURE TRANSIT SERVICE :25
(I) T
RANSIT AREAS BASED ON BUS RAPID TRANSIT SERVICES THAT26
ARE IDENTIFIED WITHIN A METROPOLITAN PLANNING ORGANIZATION 'S27
HB24-1313
-40- FISCALLY-CONSTRAINED LONG-RANGE TRANSPORTATION PLAN ADOPTED1
PRIOR TO JANUARY 1, 2024, AND INTENDED FOR IMPLEMENTATION AFTER2
J
ANUARY 1, 2030, AND BEFORE DECEMBER 31, 2050;3
(II) T
RANSIT AREAS BASED ON BUS RAPID TRANSIT SERVICES THAT4
ARE IDENTIFIED WITHIN A METROPOLITAN PLANNING ORGANIZATION 'S5
LONG-RANGE TRANSPORTATION PLAN ADOPTED PRIOR TO JANUARY 1,6
2024,
THAT ARE INTENDED FOR IMPLEMENTATION BEFORE JANUARY 1,7
2030,
AND THAT ARE WITHIN A TRANSIT-ORIENTED COMMUNITY THAT HAS8
DESIGNATED TWENTY PERCENT OR MORE OF ITS AREA AS MANUFACTURED9
HOME ZONING DISTRICTS AS OF JANUARY 1, 2024; AND10
(III) O
THER AREAS AS DETERMINED BY THE DEPARTMENT11
THROUGH REGULAR UPDATES .12
(d) I
N IDENTIFYING THE BOUNDARIES OF TRANSIT AREAS AND13
OPTIONAL TRANSIT AREAS, THE DEPARTMENT SHALL USE:14
(I) G
EOSPATIAL DATA FROM RELEVANT TRANSIT AGENCIES AND15
METROPOLITAN PLANNING ORGANIZATIONS ; AND16
(II) R
OADWAY LOCATIONS BASED UPON THE CENTERLINE OF THE17
ROADWAY.18
(2) Housing opportunity goals, models, and guidance. O
N OR19
BEFORE DECEMBER 1, 2024, THE DEPARTMENT SHALL PUBLISH MODELS20
AND GUIDANCE TO ASSIST LOCAL GOVERNMENTS IN MEETING THEIR21
HOUSING OPPORTUNITY GOALS AND IN CALCULATING THE DENSITY AND22
DIMENSIONAL STANDARDS ESTABLISHED IN SECTION 29-35-206 (1)(b).23
29-35-209. Standard affordability strategies menu - long-term24
affordability strategies menu - alternative affordability strategies. (1)25
Standard affordability strategies menu. O
N OR BEFORE JUNE 30, 2025,26
THE DEPARTMENT SHALL DEVELOP A STANDARD AFFORDABILITY27
HB24-1313
-41- STRATEGIES MENU FOR TRANSIT-ORIENTED COMMUNITIES THAT INCLUDES1
THE FOLLOWING STRATEGIES:2
(a) I
MPLEMENTING A LOCAL INCLUSIONARY ZONING ORDINANCE3
THAT CONSIDERS LOCAL HOUSING MARKET CONDITIONS , IS CRAFTED TO4
MAXIMIZE AFFORDABLE HOUSING PRODUCTION , AND COMPLIES WITH THE5
REQUIREMENTS OF SECTION 29-20-104 (1)(e.5) AND (1)(e.7);6
(b) A
DOPTING A LOCAL LAW OR PLAN TO LEVERAGE PUBLICLY7
OWNED, SOLD, OR MANAGED LAND FOR REGULATED AFFORDABLE HOUSING8
DEVELOPMENT;9
(c) C
REATING OR SIGNIFICANTLY EXPANDING A PROGRAM TO10
SUBSIDIZE OR OTHERWISE REDUCE IMPACT FEES OR OTHER SIMILAR11
DEVELOPMENT CHARGES FOR REGULATED AFFORDABLE HOUSING12
DEVELOPMENT;13
(d) E
STABLISHING A DENSITY BONUS PROGRAM FOR TRANSIT14
CENTERS THAT GRANTS INCREASED FLOOR AREA RATIO , DENSITY, OR15
HEIGHT FOR REGULATED AFFORDABLE HOUSING UNITS ;16
(e) C
REATING A PROGRAM TO PRIORITIZE AND EXPEDITE17
DEVELOPMENT APPROVALS FOR REGULATED AFFORDABLE HOUSING18
DEVELOPMENT;19
(f) R
EDUCING LOCAL PARKING REQUIREMENTS FOR REGULATED20
AFFORDABLE HOUSING TO ONE -HALF SPACE PER UNIT OF REGULATED21
AFFORDABLE HOUSING, WITHOUT LOWERING THE PROTECTIONS PROVIDED22
FOR INDIVIDUALS WITH DISABILITIES, INCLUDING THE NUMBER OF PARKING23
SPACES FOR INDIVIDUALS WHO ARE MOBILITY IMPAIRED , UNDER THE24
FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC.25
12101
ET SEQ., AND PARTS 6 AND 8 OF ARTICLE 34 OF TITLE 24; EXCEPT26
THAT, UPON THE PASSAGE OF HOUSE BILL 24-1304, THIS SUBSECTION27
HB24-1313
-42- (1)(f) SHALL NOT BE IDENTIFIED BY A TRANSIT-ORIENTED COMMUNITY AS1
AN AFFORDABILITY STRATEGY THAT SATISFIES THE REQUIREMENTS OF2
29-35-204 (6)(b)(I)(A);3
(g) E
NACTING LOCAL LAWS THAT INCENTIVIZE THE CONSTRUCTION4
OF ACCESSIBLE AND VISITABLE AFFORDABLE HOUSING UNITS ; AND5
(h) A
NY OTHER STRATEGY DESIGNATED BY THE DEPARTMENT6
THAT OFFERS A COMPARABLE IMPACT ON LOCAL HOUSING AFFORDABILITY .7
(2) Long-term affordability strategies menu. O
N OR BEFORE8
J
UNE 30, 2025, THE DEPARTMENT SHALL DEVELOP A LONG -TERM9
AFFORDABILITY STRATEGIES MENU THAT INCLUDES THE FOLLOWING10
STRATEGIES:11
(a) E
STABLISHING A DEDICATED LOCAL REVENUE SOURCE FOR12
REGULATED AFFORDABLE HOUSING DEVELOPMENT , SUCH AS INSTITUTING13
A LINKAGE FEE ON NEW REGULATED AFFORDABLE HOUSING14
DEVELOPMENTS;15
(b) R
EGULATING SHORT-TERM RENTALS, SECOND HOMES, OR16
OTHER UNDERUTILIZED OR VACANT UNITS IN A WAY , SUCH AS VACANCY17
FEES FOR UNDERUTILIZED UNITS, THAT PROMOTES MAXIMIZING THE USE OF18
LOCAL HOUSING STOCK FOR LOCAL HOUSING NEEDS ;19
(c) M
AKING A COMMITMENT TO AND REMAINING ELIGIBLE TO20
RECEIVE FUNDING PURSUANT TO ARTICLE 32 OF THIS TITLE 29;21
(d) I
NCENTIVIZING OR CREATING A DEDICATED LOCAL PROGRAM22
THAT FACILITATES INVESTMENT IN LAND BANKING OR COMMUNITY LAND23
TRUSTS;24
(e) E
STABLISHING AN AFFORDABLE HOMEOWNERSHIP STRATEGY25
SUCH AS:26
(I) A
CQUIRING OR PRESERVING DEED RESTRICTIONS ON CURRENT27
HB24-1313
-43- HOUSING UNITS;1
(II) E
STABLISHING AN INCENTIVE PROGRAM TO ENCOURAGE2
REALTORS TO WORK WITH LOW -INCOME AND MINORITY PROSPECTIVE3
HOME BUYERS; OR4
(III) E
STABLISHING AN AFFORDABLE RENT -TO-OWN PROGRAM;5
AND6
(f) A
NY OTHER STRATEGY DESIGNATED BY THE DEPARTMENT THAT7
OFFERS A COMPARABLE IMPACT ON LOCAL HOUSING AFFORDABILITY .8
(3) Alternative affordability strategies. A
TRANSIT-ORIENTED9
COMMUNITY MAY SUBMIT AN EXISTING OR PROPOSED LOCAL LAW , IN A10
FORM AND MANNER DETERMINED BY THE DEPARTMENT , TO THE11
DEPARTMENT, AND THE DEPARTMENT MAY DETERMINE THAT THE12
ADOPTION OF THAT LOCAL LAW QUALIFIES AS AN AFFORDABILITY13
STRATEGY FOR PURPOSES OF SECTION 29-35-204 (6)(a) AND (6)(b), SO14
LONG AS THE LOCAL LAW SUPPORTS EQUAL OR GREATER HOUSING15
AFFORDABILITY AND ACCESSIBILITY THAN THE STRATEGIES DESCRIBED IN16
SUBSECTIONS (1) AND (2) OF THIS SECTION.17
29-35-210. Displacement risk assessment - displacement18
mitigation strategies menu - displacement mitigation strategies menu19
goals - alternative displacement mitigation strategies. (1) (a) N
O20
LATER THAN JUNE 30, 2025, THE DEPARTMENT SHALL DEVELOP GUIDANCE21
FOR TRANSIT-ORIENTED COMMUNITIES IN CONDUCTING A DISPLACEMENT22
RISK ASSESSMENT AND IMPLEMENTING DISPLACEMENT MITIGATION23
STRATEGIES.24
(b) I
N CREATING GUIDANCE FOR THE DISPLACEMENT RISK25
ASSESSMENT DESCRIBED IN SUBSECTION (1)(a) OF THIS SECTION, THE26
DEPARTMENT SHALL DEVELOP A METHODOLOGY , WITH VARIATIONS FOR27
HB24-1313
-44- DIFFERENT LOCAL CONTEXTS INCLUDING THE SIZE AND RESOURCE LEVELS1
OF LOCAL GOVERNMENTS , FOR TRANSIT-ORIENTED COMMUNITIES WITHIN2
METROPOLITAN PLANNING ORGANIZATION BOUNDARIES TO USE TO :3
(I) G
ATHER FEEDBACK THROUGH COMMUNITY ENGAGEMENT ; AND4
(II) I
DENTIFY INFORMATION FROM NEIGHBORHOOD -LEVEL EARLY5
DISPLACEMENT WARNING AND RESPONSE SYSTEMS , OR IF THOSE SYSTEMS6
ARE UNAVAILABLE, IDENTIFY THE BEST AVAILABLE LOCAL , REGIONAL,7
STATE, OR FEDERAL DATA THAT CAN BE ANALYZED TO IDENTIFY8
RESIDENTS AT ELEVATED DISPLACEMENT RISK , WHICH MAY INCLUDE:9
(A) T
HE PERCENTAGE OF HOUSEHOLDS THAT ARE EXTREMELY10
LOW-INCOME, VERY LOW-INCOME, AND LOW-INCOME, AS DESIGNATED BY11
THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN12
DEVELOPMENT;13
(B) T
HE PERCENTAGE OF RESIDENTS WHO ARE RENTERS ;14
(C) T
HE PERCENTAGE OF COST-BURDENED HOUSEHOLDS , DEFINED15
AS HOUSEHOLDS THAT SPEND MORE THAN THIRTY PERCENT OF THE16
HOUSEHOLD'S INCOME ON HOUSING NEEDS;17
(D) T
HE NUMBER OF ADULTS WHO ARE TWENTY -FIVE YEARS OF18
AGE OR OLDER AND HAVE NOT EARNED AT LEAST A HIGH SCHOOL19
DIPLOMA;20
(E) T
HE PERCENTAGE OF HOUSEHOLDS IN WHICH ENGLISH IS NOT21
THE PRIMARY SPOKEN LANGUAGE ;22
(F) T
HE PERCENTAGE OF HOUSING STOCK BUILT PRIOR TO 1970;23
(G) T
HE LOCATION OF MANUFACTURED HOME PARKS ;24
(H) A
REAS THAT QUALIFY AS DISADVANTAGED AS DETERMINED25
WITH THE CLIMATE AND ECONOMIC JUSTICE SCREENING TOOL DEVELOPED26
BY THE COUNCIL ON ENVIRONMENTAL QUALITY IN THE OFFICE OF THE27
HB24-1313
-45- PRESIDENT OF THE UNITED STATES; AND1
(I) T
HE TRANSIT-ORIENTED COMMINUTES WHERE INCREASES IN2
ZONING CAPACITY WILL OCCUR AS A RESULT OF THE REQUIREMENTS OF3
THIS PART 2.4
(2) O
N OR BEFORE JUNE 30, 2025, THE DEPARTMENT SHALL5
DEVELOP A DISPLACEMENT MITIGATION STRATEGIES MENU THAT INCLUDES6
THE FOLLOWING STRATEGIES:7
(a) D
ESIGNATING TRANSIT CENTERS THAT INCLUDE HIGH INCOME8
CENSUS TRACTS IN THE TRANSIT-ORIENTED COMMUNITY ;9
(b) C
REATING A LOCALLY FUNDED AND ADMINISTERED RENTAL10
AND MORTGAGE ASSISTANCE PROGRAM ;11
(c) C
REATING AN EVICTION AND FORECLOSURE NO -COST LEGAL12
REPRESENTATION PROGRAM ;13
(d) E
STABLISHING A HOUSING COUNSELING AND NAVIGATION14
PROGRAM;15
(e) C
REATING A PROPERTY TAX AND DOWN PAYMENT ASSISTANCE16
PROGRAM;17
(f) D
EVELOPING A PROGRAM TO OFFER TECHNICAL ASSISTANCE18
AND FINANCIAL SUPPORT FOR COMMUNITY ORGANIZATIONS TO DEVELOP19
INDEPENDENT COMMUNITY LAND TRUSTS ;20
(g) P
RIORITIZING LOCAL MONEY TOWARD REGULATED21
AFFORDABLE HOUSING UNIT PRESERVATION OR IMPLEMENTING OR22
CONTINUING DEED RESTRICTIONS FOR AFFORDABLE HOUSING UNITS ;23
(h) I
DENTIFYING PARTNERSHIPS WITH REGIONAL AND NON -PROFIT24
ENTITIES TO IMPLEMENT STRATEGIES; AND25
(i) O
THER STRATEGIES IDENTIFIED BY THE DEPARTMENT THAT26
PROVIDE DISPLACEMENT MITIGATION EQUIVALENT TO THE OTHER27
HB24-1313
-46- STRATEGIES DESCRIBED IN THIS SUBSECTION (2).1
(3) I
N DEVELOPING THE DISPLACEMENT RISK MITIGATION2
STRATEGIES MENU DESCRIBED IN SUBSECTION (2) OF THIS SECTION, THE3
DEPARTMENT'S GOALS MUST BE TO SUPPORT:4
(a) R
ESOURCES, SERVICES, AND INVESTMENTS THAT SERVE5
VULNERABLE HOMEOWNERS AND RENTERS WITH ELEVATED RISK OF6
DISPLACEMENT;7
(b) T
HE PRESERVATION OF REGULATED AFFORDABLE HOUSING8
STOCK;9
(c) L
OCAL GOVERNMENT PLANNING AND LAND USE DECISIONS10
THAT INCORPORATE INCLUSIVE AND EQUITABLE DISPLACEMENT11
MITIGATION STRATEGIES, AND THE EMPOWERMENT OF LOW -INCOME12
PERSONS AND COMMUNITIES OF COLOR TO PARTICIPATE IN THOSE13
DECISIONS; AND14
(d) T
HE ABILITY OF VULNERABLE RESIDENTS TO REMAIN IN OR15
RETURN TO THEIR NEIGHBORHOODS OR COMMUNITIES BY ACCESSING NEW16
AFFORDABLE HOUSING OPPORTUNITIES IN THEIR NEIGHBORHOODS OR17
COMMUNITIES.18
29-35-211. Transit-oriented communities infrastructure grant19
program - transit-oriented communities infrastructure fund -20
transit-oriented communities highway users tax account - definitions.21
(1) Grant program created. T
HE TRANSIT-ORIENTED COMMUNITIES22
INFRASTRUCTURE GRANT PROGRAM IS CREATED IN THE DEPARTMENT . THE23
PURPOSE OF THE GRANT PROGRAM IS TO ASSIST LOCAL GOVERNMENTS IN24
UPGRADING INFRASTRUCTURE AND SUPPORTING REGULATED AFFORDABLE25
HOUSING IN TRANSIT CENTERS AND NEIGHBORHOOD CENTERS .26
(2) Allowable purposes. G
RANT RECIPIENTS MAY USE MONEY27
HB24-1313
-47- RECEIVED THROUGH THE GRANT PROGRAM TO FUND :1
(a) O
N-SITE INFRASTRUCTURE FOR REGULATED AFFORDABLE2
HOUSING WITHIN A TRANSIT CENTER OR NEIGHBORHOOD CENTER ;3
(b) P
UBLIC INFRASTRUCTURE PROJECTS THAT ARE WITHIN , OR THAT4
PRIMARILY BENEFIT, A TRANSIT CENTER OR NEIGHBORHOOD CENTER ;5
(c) P
UBLIC INFRASTRUCTURE PROJECTS THAT BENEFIT REGULATED6
AFFORDABLE HOUSING IN A TRANSIT CENTER OR NEIGHBORHOOD CENTER ;7
(d) A
CTIVITIES RELATED TO DETERMINING WHERE AND HOW BEST8
TO IMPROVE INFRASTRUCTURE TO SUPPORT A TRANSIT CENTER OR9
NEIGHBORHOOD CENTER ; AND10
(e) I
NFRASTRUCTURE PROJECT DELIVERY , PLANNING, AND11
COMMUNITY ENGAGEMENT .12
(3) Grant program administration. T
HE DEPARTMENT SHALL13
ADMINISTER THE GRANT PROGRAM AND , SUBJECT TO AVAILABLE14
APPROPRIATIONS, AWARD GRANTS AS PROVIDED IN SUBSECTION (7) OF THIS15
SECTION AND PROVIDE TECHNICAL ASSISTANCE TO LOCAL GOVERNMENTS16
IN COMPLYING WITH THE REQUIREMENTS OF THIS PART 2. SUBJECT TO17
SECTION 18 OF ARTICLE X OF THE STATE CONSTITUTION, WHICH REQUIRES18
THE PROCEEDS OF MOTOR FUEL TAXES AND MOTOR VEHICLE LICENSING19
AND REGISTRATION FEES AND OTHER CHARGES TO BE USED EXCLUSIVELY20
FOR THE CONSTRUCTION, MAINTENANCE, AND SUPERVISION OF PUBLIC21
HIGHWAYS, GRANTS AWARDED BY THE DEPARTMENT FOR THE PURPOSES22
DESCRIBED IN SUBSECTIONS (2)(c), (2)(d), AND (2)(e) OF THIS SECTION23
MAY BE PAID OUT OF THE FUND , INCLUDING OUT OF THE ACCOUNT .24
G
RANTS AWARDED BY THE DEPARTMENT FOR THE PURPOSES DESCRIBED25
IN SUBSECTIONS (2)(a) AND (2)(b) OF THIS SECTION MAY BE PAID OUT OF26
MONEY IN THE FUND AND NOT IN THE ACCOUNT AND SHALL NOT BE PAID27
HB24-1313
-48- OUT OF THE ACCOUNT.1
(4) Grant program policies and procedures. T
HE DEPARTMENT2
SHALL IMPLEMENT THE GRANT PROGRAM IN ACCORDANCE WITH THIS3
SECTION. THE DEPARTMENT SHALL DEVELOP POLICIES AND PROCEDURES4
AS NECESSARY TO IMPLEMENT THE GRANT PROGRAM .5
(5) Grant application. T
O RECEIVE A GRANT , A LOCAL6
GOVERNMENT MUST SUBMIT AN APPLICATION TO THE DEPARTMENT IN7
ACCORDANCE WITH POLICIES AND PROCEDURES DEVELOPED BY THE8
DEPARTMENT.9
(6) Grant program criteria. T
HE DEPARTMENT SHALL REVIEW10
THE APPLICATIONS RECEIVED PURSUANT TO THIS SECTION . IN AWARDING11
GRANTS, THE DEPARTMENT SHALL CONSIDER THE FOLLOWING CRITERIA :12
(a) T
HE POTENTIAL IMPACT OF A PROJECT THAT A LOCAL13
GOVERNMENT WOULD F UND WITH A GRANT AWARD ON THE DEVELOPMENT14
OF REGULATED AFFORDABLE HOUSING , MIXED-USE DEVELOPMENT ,15
ACCESSIBLE OR VISITABLE HOUSING UNITS , OR THE CREATION OR16
ENHANCEMENT OF HOME OWNERSHIP OPPORTUNITIES WITHIN A TRANSIT17
CENTER OR NEIGHBORHOOD CENTER ;18
(b) I
N RESPONSE TO DEMONSTRATED NEEDS , THE EXTENT TO19
WHICH THE LOCAL GOVERNMENT HAS :20
(I) I
NTEGRATED MIXED -USE DEVELOPMENT BY ALLOWING21
NEIGHBORHOOD COMMERCIAL USES THAT HAVE THE MAIN PURPOSE OF22
MEETING CONSUMER DEMANDS FOR GOODS AND SERVICES WITH AN23
EMPHASIS ON SERVING THE SURROUNDING RESIDENTIAL NEIGHBORHOOD24
WITHIN ONE-QUARTER MILE OF A TRANSIT CENTER OR NEIGHBORHOOD25
CENTER;26
(II) A
DOPTED AFFORDABILITY STRATEGIES FROM THE27
HB24-1313
-49- AFFORDABILITY STRATEGIES MENUS IN SECTION 29-35-209 BASED ON THE1
LOCAL GOVERNMENT 'S DEMONSTRATED HOUSING NEEDS , INCLUDING2
HOUSING NEEDS FOR RENTAL AND FOR -SALE HOUSING AND FOR LOW -,3
MODERATE-, AND MEDIUM-INCOME HOUSEHOLDS, AS DESIGNATED BY THE4
U
NITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ;5
(III) A
DOPTED DISPLACEMENT MITIGATION STRATEGIES FROM THE6
DISPLACEMENT MITIGATION STRATEGIES MENU IN SECTION 29-35-210; AND7
(IV) D
ESIGNATED NEIGHBORHOOD CENTERS WITHIN OPTIONAL8
TRANSIT AREAS; AND9
(c) I
NFORMATION CONTAINED IN THE REPORTS SUBMITTED BY A10
LOCAL GOVERNMENT PURS UANT TO SECTION 29-35-204 THAT PROVIDES11
EVIDENCE THAT THE LOCAL GOVERNMENT HAS MET THE REQUIREMENTS12
OF SECTION 29-35-204.13
(7) Grant awards. S
UBJECT TO AVAILABLE APPROPRIATIONS , THE14
DEPARTMENT SHALL AWARD GRANTS USING MONEY IN THE ACCOUNT AS15
PROVIDED IN THIS SECTION.16
(8) Transit-oriented communities infrastructure fund.17
(a) (I) T
HE TRANSIT-ORIENTED COMMUNITIES INFRASTRUCTURE FUND IS18
CREATED IN THE STATE TREASURY . THE FUND CONSISTS OF MONEY19
TRANSFERRED TO THE FUND PURSUANT TO SUBSECTION (8)(a)(III) OF THIS20
SECTION, GIFTS, GRANTS, AND DONATIONS, AND ANY OTHER MONEY THAT21
THE GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER TO THE FUND .22
T
HE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED23
FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO THE24
FUND.25
(II) M
ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE26
DEPARTMENT FOR THE PURPOSE OF IMPLEMENTING THE GRANT PROGRAM ,27
HB24-1313
-50- AND THE DEPARTMENT MAY EXPEND UP TO SIX PERCENT OF ANY MONEY1
IN THE FUND, EXCLUSIVE OF MONEY IN THE ACCOUNT , FOR COSTS2
INCURRED BY THE DEPARTMENT IN ADMINISTERING THE GRANT PROGRAM .3
(III) O
N JULY 1, 2024, THE STATE TREASURER SHALL TRANSFER4
THIRTY-FIVE MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND .5
(b) (I) T
HE TRANSIT-ORIENTED COMMUNITIES HIGHWAY USERS TAX6
ACCOUNT IS CREATED IN THE FUND . THE ACCOUNT CONSISTS OF GIFTS,7
GRANTS, AND DONATIONS , MONEY THAT THE STATE TREASURER8
TRANSFERS TO THE FUND PURSUANT TO SECTION 29-35-205 (2), AND ANY9
OTHER MONEY THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR10
TRANSFER TO THE ACCOUNT . THE STATE TREASURER SHALL CREDIT ALL11
INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF12
MONEY IN THE ACCOUNT TO THE ACCOUNT .13
(II) M
ONEY IN THE ACCOUNT IS CONTINUOUSLY APPROPRIATED TO14
THE DEPARTMENT FOR AWARDING GRANTS FOR PURPOSES DESCRIBED IN15
SUBSECTIONS (2)(c), (2)(d), AND (2)(e) OF THIS SECTION, AND THE16
DEPARTMENT MAY EXPEND UP TO SIX PERCENT OF ANY MONEY17
APPROPRIATED OR TRANSFERRED BY THE GENERAL ASSEMBLY TO THE18
ACCOUNT PURSUANT TO THIS SUBSECTION (8)(b) FOR THE19
ADMINISTRATIVE COSTS INCURRED BY THE DEPARTMENT IN AWARDING20
GRANTS FOR SUCH PURPOSES.21
(III) N
OTWITHSTANDING SUBSECTION (8)(b)(II) OF THIS SECTION,22
THE DEPARTMENT SHALL COMPLY WITH THE REQUIREMENTS OF SECTION23
29-35-205
(3) IN EXPENDING MONEY IN THE ACCOUNT .24
(9) Reporting. (a) O
N OR BEFORE JANUARY 1, 2025, AND EACH25
J
ANUARY 1 THEREAFTER FOR THE DURATION OF THE GRANT PROGRAM , THE26
DEPARTMENT SHALL SUBMIT A SUMMARIZED REPORT TO THE HOUSE OF27
HB24-1313
-51- REPRESENTATIVES TRANSPORTATION , HOUSING, AND LOCAL GOVERNMENT1
COMMITTEE AND THE SENATE LOCAL GOVERNMENT AND HOUSING2
COMMITTEE, OR THEIR SUCCESSOR COMMITTEES , ON RELEVANT3
INFORMATION REGARDING THE GRANT PROGRAM .4
(b) N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE5
REPORTING REQUIREMENTS SET FORTH IN THIS SECTION CONTINUE UNTIL6
ALL GRANT PROGRAM MONEY IS FULLY EXPENDED .7
(10) Definitions. A
S USED IN THIS SECTION, UNLESS THE CONTEXT8
OTHERWISE REQUIRES:9
(a) "A
CCOUNT" MEANS THE TRANSIT-ORIENTED COMMUNITIES10
HIGHWAY USERS TAX ACCOUNT CREATED WITHIN THE FUND IN SUBSECTION11
(8)(b)
OF THIS SECTION.12
(b) "F
UND" MEANS THE TRANSIT -ORIENTED COMMUNITIES13
INFRASTRUCTURE FUND CREATED IN SUBSECTION (8)(a) OF THIS SECTION.14
(c) "G
RANT PROGRAM " MEANS THE TRANSIT -ORIENTED15
COMMUNITIES INFRASTRUCTURE GRANT PROGRAM CREATED IN THIS16
SECTION.17
SECTION 2. In Colorado Revised Statutes, 24-67-105, add (5.5)18
as follows:19
24-67-105. Standards and conditions for planned unit20
development - definitions. (5.5) (a) A
NY PLANNED UNIT DEVELOPMENT21
RESOLUTION OR ORDINANCE THAT APPLIES WITHIN A TRANSIT CENTER OR22
NEIGHBORHOOD CENTER THAT IS ADOPTED OR APPROVED BY A LOCAL23
GOVERNMENT ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION24
(5.5)
MUST NOT RESTRICT THE DEVELOPMENT OF HOUSING IN ANY MANNER25
THAT IS INCONSISTENT WITH THE REQUIREMENTS FOR DESIGNATING AN26
AREA AS A TRANSIT CENTER PURSUANT TO SECTION 29-35-206, OR AS A27
HB24-1313
-52- NEIGHBORHOOD CENTER PURSUANT TO SECTION 29-35-207.1
(b) A
NY PLANNED UNIT DEVELOPMENT RESOLUTION OR2
ORDINANCE THAT APPLIES WITHIN A TRANSIT CENTER OR NEIGHBORHOOD3
CENTER THAT IS ADOPTED OR APPROVED BY A LOCAL GOVERNMENT4
BEFORE THE EFFECTIVE DATE OF THIS SUBSECTION (5.5) AND THAT5
RESTRICTS THE DEVELOPMENT OF HOUSING IN ANY MANNER THAT IS6
INCONSISTENT WITH THE REQUIREMENTS FOR DESIGNATING AN AREA AS A7
TRANSIT CENTER PURSUANT TO SECTION 29-35-206, OR AS A8
NEIGHBORHOOD CENTER PURSUANT TO SECTION 29-35-207:9
(I) M
UST NOT BE INTERPRETED OR ENFORCED TO RESTRICT THE10
DEVELOPMENT OF MULTIFAMILY RESIDENTIAL DWELLING UNITS SO THAT11
A TRANSIT-ORIENTED COMMUNITY COULD NOT DESIGNATE AN AREA AS A12
TRANSIT CENTER OR NEIGHBORHOOD CENTER THAT WOULD OTHERWISE13
QUALIFY AS SUCH; AND14
(II) M
AY BE SUPERSEDED BY THE ADOPTION OF A LOCAL LAW15
ADOPTED IN ACCORDANCE WITH THE REQUIREMENTS FOR DESI GNATION OF16
A TRANSIT CENTER PURSUANT TO SECTION 29-35-206, OR AS A17
NEIGHBORHOOD CENTER PURSUANT TO SECTION 29-35-207.18
(c) N
OTWITHSTANDING SUBSECTION (5.5)(b) OF THIS SECTION, A19
LOCAL GOVERNMENT MAY ADOPT CONFORMING AMENDMENTS TO ANY20
SUCH PLANNED UNIT DEVELOPMENT RESOLUTION OR ORDINANCE .21
(d) A
S USED IN THIS SUBSECTION (5.5), UNLESS THE CONTEXT22
OTHERWISE REQUIRES:23
(I) "L
OCAL LAW" HAS THE SAME MEANING AS SET FORTH IN24
SECTION 29-35-102 (11).25
(II) "N
EIGHBORHOOD CENTER " HAS THE SAME MEANING AS SET26
FORTH IN SECTION 29-35-202 (5).27
HB24-1313
-53- (III) "TRANSIT CENTER" HAS THE SAME MEANING AS SET FORTH IN1
SECTION 29-35-202 (11).2
SECTION 3. In Colorado Revised Statutes, 38-33.3-106.5, add3
(3) as follows:4
38-33.3-106.5. Prohibitions contrary to public policy -5
patriotic, political, or religious expression - public rights-of-way - fire6
prevention - renewable energy generation devices - affordable7
housing - drought prevention measures - child care - definitions.8
(3) (a) I
N A TRANSIT CENTER OR NEIGHBORHOOD CENTER , AN9
ASSOCIATION SHALL NOT ADOPT A PROVISION OF A DECLARATION , BYLAW,10
OR RULE ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (3) THAT11
RESTRICTS THE DEVELOPMENT OF HOUSING MORE THAN THE LOCAL LAW12
THAT APPLIES WITHIN THE TRANSIT CENTER OR NEIGHBORHOOD CENTER ,13
AND ANY PROVISION OF A DECLARATION, BYLAW, OR RULE THAT INCLUDES14
SUCH A RESTRICTION IS VOID AS A MATTER OF PUBLIC POLICY .15
(b) I
N A TRANSIT CENTER OR NEIGHBORHOOD CENTER , NO16
PROVISION OF A DECLARATION, BYLAW, OR RULE OF AN ASSOCIATION THAT17
IS ADOPTED BEFORE THE EFFECTIVE DATE OF THIS SUBSECTION (3) MAY18
RESTRICT THE DEVELOPMENT OF HOUSING MORE THAN THE LOCAL LAW19
THAT APPLIES WITHIN THE TRANSIT CENTER OR NEIGHBORHOOD CENTER ,20
AND ANY PROVISION OF A DECLARATION, BYLAW, OR RULE THAT INCLUDES21
SUCH A RESTRICTION IS VOID AS A MATTER OF PUBLIC POLICY .22
(c) A
S USED IN THIS SUBSECTION (3), UNLESS THE CONTEXT23
OTHERWISE REQUIRES:24
(I) "L
OCAL LAW" HAS THE SAME MEANING AS SET FORTH IN25
SECTION 29-35-102 (11).26
(II) "N
EIGHBORHOOD CENTER " HAS THE SAME MEANING AS SET27
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(III) "T
RANSIT CENTER" HAS THE SAME MEANING AS SET FORTH IN2
SECTION 29-35-202 (11).3
SECTION 4. In Colorado Revised Statutes, 39-22-2101, add4
(7.5) and (12) as follows:5
39-22-2101. Definitions. As used in this part 21, unless the6
context otherwise requires:7
(7.5) "N
EIGHBORHOOD CENTER" HAS THE SAME MEANING AS SET8
FORTH IN SECTION 29-35-202 (5).9
(12) "T
RANSIT CENTER" HAS THE SAME MEANING AS SET FORTH IN10
SECTION 29-35-202 (11).11
SECTION 5. In Colorado Revised Statutes, 39-22-2102, add12
(7.5) as follows:13
39-22-2102. Credit against tax - affordable housing14
developments - legislative declaration. (7.5) (a) S
EPARATE FROM THE15
CREDITS THE AUTHORITY OTHERWISE ALLOCATES PURSUANT TO THIS16
SECTION, THE AUTHORITY SHALL ALLOCATE CREDITS FOR QUALIFIED17
DEVELOPMENTS THAT ARE LOCATED IN TRANSIT CENTERS OR18
NEIGHBORHOOD CENTERS .19
(b) N
OTWITHSTANDING SUBSECTION (7) OF THIS SECTION, THE20
AGGREGATE AMOUNT OF ALL CREDITS ALLOCATED BY THE AUTHORITY21
PURSUANT TO SUBSECTION (7.5)(a) OF THIS SECTION SHALL NOT EXCEED22
A TOTAL OF THIRTY MILLION DOLLARS FOR TAX CREDITS ALLOCATED23
ANNUALLY BY THE AUTHORITY BEGINNING ON JANUARY 1, 2024, AND24
ENDING ON DECEMBER 31, 2031.25
SECTION 6. Safety clause. The general assembly finds,26
determines, and declares that this act is necessary for the immediate27
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-55- preservation of the public peace, health, or safety or for appropriations for1
the support and maintenance of the departments of the state and state2
institutions.3
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