Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 24-0288.03 Pierce Lively x2059
HOUSE BILL 24-1313
House Committees Senate Committees
Transportation, Housing & Local Government
Finance
Appropriations
A BILL FOR AN ACT
C
ONCERNING MEASURES TO INCRE ASE THE AFFORDABILITY OF101
HOUSING IN TRANSIT -ORIENTED
COMMUNITIES, AND, IN102
CONNECTION THEREWITH , MAKING AN APPROPRIATION .103
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
HOUSE
Amended 2nd Reading
April 12, 2024
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. ! Contains at least 75 acres of certain transit-related areas; or
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
1313
-2- housing opportunity goal;
! 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
1313
-3- to the account.
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.
1313-4- Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add article 35 to title2
29 as follows:3
ARTICLE 35 4
State Land Use Criteria For Strategic Growth5
PART 16
DEFINITIONS7
29-35-101. Short title. T
HE SHORT TITLE OF THIS ARTICLE 35 IS8
THE "STATE LAND USE CRITERIA FOR STRATEGIC GROWTH ACT".9
29-35-102. Legislative declaration. (1) T
HE GENERAL ASSEMBLY10
HEREBY FINDS, DETERMINES, AND DECLARES THAT:11
(a) S
INCE THE "LOCAL GOVERNMENT LAND USE CONTROL12
E
NABLING ACT OF 1974", ARTICLE 20 OF TITLE 29, WAS ADOPTED,13
C
OLORADO'S POPULATION HAS MORE THAN DOUBLED , WITH THE STATE14
GROWING AT TWICE THE NATIONAL RATE BETWEEN 2010 AND 2020;15
(b) T
HE COLORADO STATE DEMOGRAPHY OFFICE ESTIMATES THAT16
C
OLORADO WILL ADD ONE MILLION SEVEN HUNDRED THOUSAND TWO17
HUNDRED PEOPLE BY 2050, BRINGING COLORADO'S POPULATION TO18
NEARLY SEVEN MILLION FIVE HUNDRED THOUSAND . THE NEED FOR19
HOUSING FOR THE GROWING POPULATION IS AN ISSUE THAT AFFECTS ALL20
C
OLORADO COMMUNITIES REGARDLESS OF REGION OR SIZE . IN A21
BIPARTISAN POLL CONDUCTED BY THE COLORADO POLLING INSTITUTE IN22
N
OVEMBER 2023, COLORADO VOTERS LISTED HOUSING AFFORDABILITY AS23
ONE OF THEIR TOP FIVE ISSUES FOR THE COLORADO STATE GOVERNMENT24
TO ADDRESS. THEREFORE, IT IS CRITICAL TO ADDRESS THE COST AND25
AVAILABILITY OF HOUSING ACROSS THE STATE TO ADDRESS HISTORIC26
POPULATION GROWTH.27
1313
-5- (c) IN EXPERIENCING SIGNIFICANT POPULATION GROWTH AT A TIME1
OF INCREASED VEHICLE OWNERSHIP AND COMMUTE TIMES , THE SUPPLY2
AND AFFORDABILITY OF HOUSING IN ONE COMMUNITY AFFECTS THE3
RESOURCES OF NEIGHBORING COMMUNITIES . COLORADO'S NEED FOR4
HOUSING IMPACTS THE STATE'S TRANSIT, TRANSPORTATION, EMPLOYMENT,5
ECONOMY, ENERGY, WATER, AND INFRASTRUCTURE AND REQUIRES6
INNOVATIVE, COLLABORATIVE SOLUTIONS.7
(d) C
OLORADO'S HOUSING SUPPLY HAS NOT KEPT PACE WITH8
POPULATION GROWTH IN THE STATE . BETWEEN 2010 AND 2020,9
C
OLORADO ADDED ONE HUNDRED TWENTY -SIX THOUSAND FEWER10
HOUSING UNITS THAN IN THE PRIOR DECADE , DESPITE COLORADO'S11
POPULATION INCREASING BY A SIMILAR AMOUNT IN EACH DECADE . THE12
STATE DEMOGRAPHER ESTIMATES THAT BETWEEN APPROXIMATELY13
SIXTY-FIVE THOUSAND AND NINETY THOUSAND HOUSING UNITS ARE14
NEEDED TO KEEP PACE WITH COLORADO'S CURRENT POPULATION GROWTH .15
(e) A
CROSS THE STATE, COLORADO NEEDS MORE HOUSING16
URGENTLY TO SUPPORT OUR GROWING WORKFORCE , AND HOUSING17
OPPORTUNITIES ARE NEEDED ACROSS ALL INCOME LEVELS . ADDRESSING18
THE CRITICAL ISSUE OF COST AND AVAILABILITY OF HOUSING REQUIRES19
MAINTAINING AND EXPANDING ACCESS TO AFFORDABLE AND ATTAINABLE20
HOUSING BY REMOVING BARRIERS TO AND EXPEDITING NEW HOUSING21
OPPORTUNITIES FOR EVERY COMMUNITY , ESPECIALLY NEAR TRANSIT. AS22
HOUSING RENTS AND PRICES HAVE INCREASED FASTER THAN WAGES23
ACROSS THE STATE , INDIVIDUAL HOUSEHOLDS ARE EXPERIENCING24
DISPLACEMENT FROM HOMES THEY COULD ONCE AFFORD AND HAVING TO25
LIVE FARTHER FROM WORK WITH INCREASED COMMUTE TIMES . AS STATE26
AND LOCAL GOVERNMENTS SEEK TO INCREASE HOUSING OPTIONS AND27
1313
-6- ADDRESS AFFORDABILITY FOR RESIDENTS , IT IS ESSENTIAL TO PROVIDE1
SOLUTIONS THAT INCORPORATE TRANSIT NEEDS AS WELL .2
(f) B
ETWEEN 2010 AND 2021, THE PERCENTAGE OF COLORADANS3
MAKING LESS THAN SEVENTY -FIVE THOUSAND DOLLARS A YEAR WHO4
WERE HOUSING COST-BURDENED, MEANING THEY SPEND MORE THAN5
THIRTY PERCENT OF THEIR INCOME ON HOUSING NEEDS , INCREASED FROM6
FIFTY-FOUR PERCENT TO SIXTY-ONE PERCENT, AND, FOR RENTERS MAKING7
LESS THAN SEVENTY -FIVE THOUSAND DOLLARS A YEAR , THAT8
PERCENTAGE INCREASED FROM FIFTY -NINE PERCENT TO SEVENTY-THREE9
PERCENT, ACCORDING TO THE AMERICAN COMMUNITY SURVEY;10
(g) N
ATIONALLY, CITIES WITH THE HIGHEST HOUSING COSTS AND11
LOWEST VACANCY RATES EXPERIENCE THE HIGHEST RATES OF12
HOMELESSNESS, ACCORDING TO A REPORT BY THE URBAN INSTITUTE,13
"U
NSHELTERED HOMELESSNESS: TRENDS, CHARACTERISTICS, AND14
H
OMELESS HISTORIES". THESE INDICATORS EXPLAIN A GREATER PORTION15
OF THE VARIATION IN REGIONAL RATES OF HOMELESSNESS THAN OTHER16
COMMONLY ASSUMED FACTORS , SUCH AS POVERTY RATE, SUBSTANCE USE,17
OR MENTAL ILLNESS, ACCORDING TO A STUDY IN THE EUROPEAN JOURNAL18
OF HOUSING POLICY, "THE ECONOMICS OF HOMELESSNESS: THE19
E
VIDENCE FROM NORTH AMERICA".20
(h) H
OUSING PRICES ARE TYPICALLY HIGHER WHEN HOUSING21
SUPPLY IS RESTRICTED BY LOCAL LAND USE REGULATIONS IN A22
METROPOLITAN REGION, ACCORDING TO STUDIES SUCH AS THE NATIONAL23
B
UREAU OF ECONOMIC RESEARCH WORKING PAPERS "REGULATION AND24
H
OUSING SUPPLY" AND "THE IMPACT OF ZONING ON HOUSING25
A
FFORDABILITY". INCREASING HOUSING SUPPLY MODERATES PRICE26
INCREASES AND IMPROVES HOUSING AFFORDABILITY ACROSS ALL27
1313
-7- INCOMES, ACCORDING TO STUDIES SUCH AS "THE ECONOMIC1
I
MPLICATIONS OF HOUSING SUPPLY", IN THE JOURNAL OF ECONOMIC2
P
ERSPECTIVES, AND "SUPPLY SKEPTICISM: HOUSING SUPPLY AND3
A
FFORDABILITY", IN THE JOURNAL HOUSING POLICY DEBATE.4
(i) R
ESEARCHERS HAVE FOUND SUBSTANTIAL EVIDENCE THAT NEW5
HOUSING CONSTRUCTION ENABLES HOUSEHOLDS TO MOVE WITHIN A6
REGION, OPENS UP HOUSING OPTIONS FOR MORE DIVERSE INCOME LEVELS ,7
AND PROMOTES COMPETITION THAT LIMITS HOUSING COST INCREASES ,8
ACCORDING TO THE NEW YORK UNIVERSITY LAW AND ECONOMICS9
RESEARCH PAPER "SUPPLY SKEPTICISM REVISITED". WHILE NEW HOUSING10
SUPPLY CAN RARELY MEET THE NEEDS OF THE LOWEST INCOME11
HOUSEHOLDS, ENABLING NEW HOUSING SUPPLY CAN MODERATE PRICE12
INCREASES AND REDUCE THE NUMBER OF HOUSEHOLDS THAT NEED13
SUBSIDIES TO AFFORD HOUSING . RESIDENT OPPOSITION FREQUENTLY14
LIMITS NEW HOUSING DEVELOPMENT IN EXISTING COMMUNITIES AND15
EITHER LEADS TO LESS HOUSING PRODUCTION AND INCREASED HOUSING16
COSTS OR PUSHES HOUSING DEVELOPMENT TO GREENFIELD AREAS WHERE17
THERE ARE FEWER NEIGHBORS BUT GREATER ENVIRONMENTAL AND FISCAL18
COSTS.19
29-35-103. Definitions. A
S USED IN THIS ARTICLE 35, UNLESS THE20
CONTEXT OTHERWISE REQUIRES :21
(1) "A
CCESSIBLE UNIT" MEANS A HOUSING UNIT
THAT:22
(a) SATISFIES THE REQUIREMENTS OF THE FEDERAL "FAIR HOUSING23
A
CT", 42 U.S.C. SEC. 3601 ET SEQ., AS
AMENDED;24
(b) INCORPORATES UNIVERSAL DESIGN ; OR25
(c) IS A TYPE A DWELLING UNIT, AS DEFINED IN SECTION 9-5-10126
(10); A TYPE A MULTISTORY DWELLING UNIT, AS DEFINED IN SECTION27
1313
-8- 9-5-101 (11); A TYPE B DWELLING UNITY, AS DEFINED IN SECTION 9-5-1011
(12); OR A TYPE B MULTISTORY DWELLING UNIT, AS DEFINED IN SECTION2
9-5-101 (13).3
(2) (a) "A
DMINISTRATIVE APPROVAL PROCESS " MEANS A PROCESS4
IN WHICH:5
(I) A
DEVELOPMENT PROPOSAL FOR A SPECIFIED PROJECT IS6
APPROVED, APPROVED WITH CONDITIONS , OR DENIED BY LOCAL7
GOVERNMENT ADMINISTRATIVE STAFF BASED SOLELY ON ITS COMPLIANCE8
WITH OBJECTIVE STANDARDS SET FORTH IN LOCAL LAWS ; AND9
(II) D
OES NOT REQUIRE, AND CANNOT BE ELEVATED TO REQUIRE ,10
A PUBLIC HEARING, A RECOMMENDATION, OR A DECISION BY AN ELECTED11
OR APPOINTED PUBLIC BODY OR A HEARING OFFICER .12
(b) N
OTWITHSTANDING SUBSECTION (2)(a) OF THIS SECTION, AN13
ADMINISTRATIVE APPROVAL PROCESS MAY REQUIRE AN APPOINTED14
HISTORIC PRESERVATION COMMISSION TO MAKE A DECISION , OR TO MAKE15
A RECOMMENDATION TO LOCAL GOVERNMENT ADMINISTRATIVE STAFF ,16
REGARDING A DEVELOPMENT APPLICATION INVOLVING A PROPERTY THAT17
THE LOCAL GOVERNMENT HAS DESIGNATED AS A HISTORIC PROPERTY ,18
PROVIDED THAT:19
(I) T
HE STATE HISTORIC PRESERVATION OFFICE WITHIN HISTORY20
C
OLORADO HAS DESIGNATED THE LOCAL GOVERNMENT AS A CERTIFIED21
LOCAL GOVERNMENT ; AND22
(II) T
HE APPOINTED HISTORIC PRESERVATION COMMISSION 'S23
DECISION OR RECOMMENDATION IS BASED ON STANDARDS EITHER SET24
FORTH IN LOCAL LAW OR ESTABLISHED BY THE SECRETARY OF THE25
INTERIOR OF THE UNITED STATES.26
(3) "B
US RAPID TRANSIT SERVICE" MEANS
A BUS RAPID TRANSIT27
1313
-9- SERVICE:1
(a) AS IDENTIFIED IN A METROPOLITAN PLANNING ORGANIZATION 'S2
FISCALLY CONSTRAINED LONG RANGE TRANSPORTATION PLAN OR A3
TRANSIT AGENCY'S MASTER PLAN; AND4
(b) THAT TYPICALLY INCLUDES ANY NUMBER OF THE FOLLOWING:5
(I) SERVICE THAT IS SCHEDULED TO RUN EVERY FIFTEEN MINUTES6
OR LESS DURING THE HIGHEST FREQUENCY SERVICE HOURS ;7
(II) DEDICATED LANES OR BUSWAYS ;8
(III) TRAFFIC SIGNAL PRIORITY;9
(IV) OFF-BOARD FARE COLLECTION;10
(V) ELEVATED PLATFORMS; OR11
(VI) ENHANCED STATIONS.12
(4) "C
OMMUTER BUS RAPID TRANSIT SERVICE " MEANS A BUS RAPID13
TRANSIT SERVICE THAT OPERATES
FOR A MAJORITY OF ITS ROUTE ON A14
FREEWAY WITH ACCESS THAT IS LIMITED TO GRADE-SEPARATED15
INTERCHANGES. 16
(5) "C
OMMUTER RAIL" MEANS A PASSENGER RAIL TRANSIT SERVICE17
BETWEEN AND WITHIN METROPOLITAN AND SUBURBAN AREAS .18
(6) "C
OUNTY" MEANS A COUNTY INCLUDING A HOME RULE19
COUNTY, BUT EXCLUDING A CITY AND COUNTY .20
(7) "D
EPARTMENT" MEANS THE DEPARTMENT OF LOCAL AFFAIRS . 21 (8) "DISPLACEMENT" MEANS:22
(a) THE INVOLUNTARY RELOCATION, DUE TO INCREASED REAL23
ESTATE PRICES, RENTS, PROPERTY REHABILITATION, REDEVELOPMENT,24
DEMOLITION, OR OTHER ECONOMIC FACTORS, OF LOW-INCOME RESIDENTS25
OR LOCALLY-OWNED COMMUNITY-SERVICE BUSINESSES AND INSTITUTIONS26
IN LOW-INCOME AREAS; AND27
1313
-10- (b) INDIRECT DISPLACEMENT RESULTING FROM CHANGES IN1
NEIGHBORHOOD POPULATION, IF, WHEN LOW-INCOME HOUSEHOLDS MOVE2
OUT OF HOUSING UNITS, THOSE SAME HOUSING UNITS DO NOT REMAIN3
AFFORDABLE TO OTHER LOW -INCOME HOUSEHOLDS.4
(9) "L
IGHT RAIL" MEANS A PASSENGER RAIL TRANSIT SERVICE5
THAT USES ELECTRICALLY POWERED RAIL -BORNE CARS.6
(10) "L
OCAL GOVERNMENT" MEANS A MUNICIPALITY, COUNTY, OR7
TRIBAL NATION WITH JURISDICTION IN COLORADO.8
(11) "L
OCAL LAW" MEANS ANY CODE, LAW, ORDINANCE, POLICY,9
REGULATION, OR RULE ENACTED BY A LOCAL GOVERNMENT THAT10
GOVERNS THE DEVELOPMENT AND USE OF LAND , INCLUDING BUT NOT11
LIMITED TO LAND USE CODES, ZONING CODES, AND SUBDIVISION CODES.12
(12) "M
ETROPOLITAN PLANNING ORGANIZATION " MEANS A13
METROPOLITAN PLANNING OR GANIZATION UNDER THE "FEDERAL TRANSIT14
A
CT OF 1998", 49 U.S.C. SEC. 5301 ET SEQ., AS AMENDED.15
(13) "M
UNICIPALITY" MEANS A HOME RULE OR STATUTORY CITY16
OR TOWN, TERRITORIAL CHARTER CITY OR TOWN , OR CITY AND COUNTY.17
(14)
"OBJECTIVE STANDARD" MEANS A STANDARD THAT:18
(a) I
S A DEFINED BENCHMARK OR CRITERION THAT ALLOWS FOR19
DETERMINATIONS OF COMPLIANCE TO BE CONSISTENTLY DECIDED20
REGARDLESS OF THE DECISION MAKER ; AND21
(b) D
OES NOT REQUIRE A SUBJECTIVE DETERMINATION22
CONCERNING A DEVELOPMENT PROPOSAL , INCLUDING BUT NOT LIMITED TO23
WHETHER THE APPLICATION FOR THE DEVELOPMENT PROPOSAL IS :24
(I) C
ONSISTENT WITH MASTER PLANS , OR OTHER DEVELOPMENT25
PLANS;26
(II) C
OMPATIBLE WITH THE LAND USE OR DEVELOPMENT OF THE27
1313
-11- AREA SURROUNDING THE AREA DESCRIBED IN THE APPLICATION ; OR1
(III) C
ONSISTENT WITH PUBLIC WELFARE , COMMUNITY2
CHARACTER, OR NEIGHBORHOOD CHARACTER .3
(15) "U
NIVERSAL DESIGN" MEANS ANY DWELLING UNIT DESIGNED4
AND CONSTRUCTED TO BE SAFE AND ACCESSIBLE FOR ANY INDIVIDUAL5
REGARDLESS OF AGE OR ABILITIES.6
(16) "U
RBAN BUS RAPID TRANSIT SERVICE" MEANS A BUS RAPID7
TRANSIT SERVICE THAT OPERATES ON A SURFACE STREET FOR THE8
MAJORITY OF ITS ROUTE.9
(17) "V
ISITABLE UNIT" MEANS A DWELLING UNIT THAT A PERSON10
WITH A DISABILITY CAN ENTER, MOVE AROUND THE PRIMARY ENTRANCE11
FLOOR OF, AND USE THE BATHROOM IN.12
PART 213
TRANSIT-ORIENTED COMMUNITIES14
29-35-201. Legislative declaration. (1) T
HE GENERAL ASSEMBLY15
HEREBY FINDS, DETERMINES, AND DECLARES THAT:16
(a) M
ULTIFAMILY HOUSING IS TYPICALLY MORE AFFORDABLE THAN17
SINGLE-UNIT DWELLINGS. ACCORDING TO THE AMERICAN COMMUNITY18
S
URVEY, COLORADO MULTIFAMILY UNITS COST BETWEEN FOURTEEN AND19
FORTY-THREE PERCENT LESS TO RENT IN 2019, DEPENDING ON THE SIZE OF20
THE BUILDING, COMPARED TO SINGLE-UNIT DETACHED DWELLINGS .21
(b) A
LLOWING HIGHER DENSITY RESIDENTIAL DEVELOPMENT IS22
IMPORTANT FOR THE COST EFFECTIVENESS AND AVAILABILITY OF23
AFFORDABLE HOUSING . AN ANALYSIS OF OVER SIXTY AFFORDABLE24
HOUSING PROJECTS FUNDED BY THE U.S. DEPARTMENT OF HOUSING AND25
URBAN DEVELOPMENT IN TRANSIT -ORIENTED AREAS IN COLORADO SINCE26
2010
FOUND THAT HALF WERE DEVELOPED AT OVER FIFTY UNITS PER ACRE ,27
1313
-12- AND TWENTY PERCENT WERE OVER ONE HUNDRED UNITS PER ACRE .1
(c) T
HROUGHOUT COLORADO, LESS THAN HALF OF AVAILABLE2
ZONING CAPACITY IS TYPICALLY UTILIZED, AND GREATER UTILIZATION OF3
ZONING CAPACITY IS NECESSARY TO MEET ANTICIPATED HOUSING NEEDS .4
N
UMEROUS FACTORS CURRENTLY PREVENT DEVELOPMENT FROM FULLY5
UTILIZING AVAILABLE ZONING CAPACITY AND ALLOWED DENSITIES ,6
INCLUDING SITE LEVEL CONSTRAINTS , FINANCIAL FEASIBILITY AND7
DEMAND, AND LANDOWNERS' WILLINGNESS TO SELL OR REDEVELOP.8
(d) C
OLORADO HAS INVESTED SIGNIFICANTLY IN PUBLIC TRANSIT9
IN THE LAST SEVERAL DECADES , FUNDING OVER SIX BILLION DOLLARS10
ACROSS EIGHTY-FIVE MILES OF NEW RAIL LINES. THE INVESTMENTS WILL11
CONTINUE IN THE COMING YEARS WITH NEW BUS RAPID TRANSIT AND RAIL12
SYSTEMS ALONG THE FRONT RANGE . DESPITE THESE INVESTMENTS ,13
TRANSIT RIDERSHIP LAGS BEHIND PEER AGENCIES AROUND THE COUNTRY ,14
DUE AT LEAST IN PART TO A LACK OF DENSITY NEAR THESE TRANSIT LINES .15
B
EFORE THE COVID-19 PANDEMIC, THE REGIONAL TRANSPORTATION16
DISTRICT HAD TWO AND THREE-TENTHS RIDES PER VEHICLE REVENUE MILE17
ON THEIR RAIL SYSTEM, COMPARED TO OVER FOUR RIDES PER VEHICLE18
REVENUE MILE FOR AGENCIES IN MINNEAPOLIS AND PORTLAND AND OVER19
EIGHT RIDES PER VEHICLE REVENUE MILE IN SEATTLE, ACCORDING TO20
DATA FROM THE FEDERAL TRANSIT ADMINISTRATION 'S NATIONAL TRANSIT21
DATABASE.22
(e) A
LLOWING HIGHER DENSITY RESIDENTIAL DEVELOPMENT NEAR23
TRANSIT IS IMPORTANT FOR INCREASING TRANSIT RIDERSHIP AND24
IMPROVING THE COST EFFECTIVENESS OF TRANSIT SERVICES .25
R
ESEARCHERS HAVE FOUND THAT HIGHER BUILT GROSS DENSITIES26
CITYWIDE INCREASE COST-EFFECTIVENESS FOR LIGHT RAIL AND BUS RAPID27
1313
-13- TRANSIT SERVICES, AS DESCRIBED IN THE ARTICLE, "COST OF A RIDE: THE1
E
FFECTS OF DENSITIES ON FIXED-GUIDEWAY TRANSIT RIDERSHIP AND2
C
OSTS" BY ERICK GUERRA AND ROBERT CERVERO.3
(f) M
OST LIGHT AND COMMUTER RAIL STATIONS AND FREQUENT4
BUS CORRIDORS IN COLORADO HAVE LOWER HOUSING UNIT DENSITY THAN5
IS NECESSARY TO SUPPORT FREQUENT TRANSIT . BASED ON 2020 CENSUS6
BLOCK HOUSING UNIT DATA , OVER NINETY PERCENT OF RAIL STATIONS7
AND EIGHTY-FOUR PERCENT OF BUS RAPID TRANSIT AND FREQUENT BUS8
CORRIDORS IN COLORADO HAVE LESS THAN FIFTEEN HOUSING UNITS PER9
ACRE ON AVERAGE WITHIN WALKING DISTANCE . RESEARCHERS HAVE10
GENERALLY FOUND A MINIMUM OF FIFTEEN HOUSING UNITS PER ACRE OF11
BUILT DENSITY IS NEEDED TO SUPPORT FREQUENT TRANSIT .12
(g) L
IVING NEAR TRANSIT, JOBS, AND SERVICES ENABLES13
HOUSEHOLDS TO ALSO SAVE ON TRANSPORTATION COSTS BY OWNING14
FEWER VEHICLES AND REDUCING FUEL CONSUMPTION . COLORADANS15
COMMUTE OVER FIFTY MINUTES TO AND FROM WORK ON AVERAGE ,16
ACCORDING TO THE LATEST AMERICAN COMMUNITY SURVEY'S FIVE YEAR17
ESTIMATES. ANALYSES OF TRANSIT-ORIENTED COMMUNITIES HAVE FOUND18
THAT RESIDENTS TAKE AN AVERAGE OF FORTY -FOUR PERCENT FEWER19
VEHICLE TRIPS, ACCORDING TO THE ARTICLE "VEHICLE TRIP REDUCTION20
I
MPACTS OF TRANSIT-ORIENTED HOUSING" IN THE JOURNAL OF PUBLIC21
T
RANSPORTATION.22
(h) I
N COLORADO, HOUSEHOLDS IN MORE DENSE AREAS , WHICH23
ARE DEFINED AS CENSUS TRACTS WITH MORE THAN FOUR THOUSAND UNITS24
PER SQUARE MILE OR ABOUT FIFTEEN UNITS PER ACRE , DRIVE TWENTY25
PERCENT LESS THAN THE STATE AVERAGE , AND HIGHER DENSITY AREAS,26
CENSUS TRACTS WITH MORE THAN TEN THOUSAND UNITS PER SQUARE MILE27
1313
-14- OR ABOUT FORTY UNITS PER ACRE, DRIVE FORTY PERCENT LESS THAN THE1
STATE AVERAGE, ACCORDING TO DATA FROM THE 2017 NATIONAL2
HOUSEHOLD TRAVEL SURVEY ;3
(i) H
IGH TRANSPORTATION COSTS IMPACT LOW -INCOME4
HOUSEHOLDS IN PARTICULAR . HOUSEHOLDS MAKING LESS THAN FORTY5
THOUSAND DOLLARS PER YEAR IN THE WESTERN UNITED STATES ARE6
SPENDING OVER TWENTY -FOUR PERCENT OF THEIR INCOME ON7
TRANSPORTATION, WHEN SPENDING MORE THAN FIFTEEN PERCENT OF8
INCOME ON TRANSPORTATION IS CONSIDERED COST BURDENED ,9
ACCORDING TO DATA FROM THE BUREAU OF LABOR STATISTICS CONSUMER10
EXPENDITURE SURVEYS.11
(j) I
N ADDITION TO SAVING ON TRANSPORTATION COSTS BY LIVING12
NEAR TRANSIT, OWNING FEWER VEHICLES AND TRAVELING TO WORK AND13
ACCESSING SERVICES WITHOUT DRIVING OR DRIVING LESS REDUCES14
GREENHOUSE GAS EMISSIONS AND AIR POLLUTION , WHICH IMPACTS AIR15
QUALITY NOT JUST IN TRANSIT-ORIENTED COMMUNITIES BUT IN GREATER16
REGIONS ACROSS THE STATE;17
(k) I
N COLORADO, HOUSEHOLD ENERGY DEMAND ON AVERAGE IS18
SEVENTY PERCENT LESS FOR MULTIFAMILY HOUSING COMPARED TO19
SINGLE-UNIT DETACHED DWELLINGS , ACCORDING TO THE NATIONAL20
RENEWABLE ENERGY LABORATORY RESTOCK ANALYSIS TOOL ;21
(l) SCENARIOS ANALYZED FOR THE "COLORADO WATER AND22
GROWTH DIALOGUE FINAL REPORT" WITH HIGHER PERCENTAGE OF23
FUTURE HOUSING SHIFTING TO HIGHER DENSITIES WERE ESTIMATED TO24
ACHIEVE A TOTAL DECREASE IN WATER DEMAND BETWEEN FOUR AND25
EIGHT TENTHS PERCENT AND NINETEEN AND FOUR TENTHS PERCENT ;26
(m) N
ATIONAL STUDIES, SUCH AS THE ARTICLE "RELATIONSHIPS27
1313
-15- BETWEEN DENSITY AND PER CAPITA MUNICIPAL SPENDING IN THE UNITED1
S
TATES", PUBLISHED IN URBAN SCIENCE, HAVE FOUND THAT LOWER2
DENSITY COMMUNITIES HAVE HIGHER GOVERNMENT CAPITAL AND3
MAINTENANCE COSTS FOR WATER , SEWER, AND TRANSPORTATION4
INFRASTRUCTURE AND LOWER PROPERTY AND SALES TAX REVENUE . THESE5
INCREASED COSTS ARE OFTEN BORNE BY BOTH STATE AND LOCAL6
GOVERNMENTS.7
(n) A
STUDY FOR A MUNICIPALITY IN COLORADO FOUND THAT8
DOUBLING THE AVERAGE RESIDENTIAL DENSITY FOR FUTURE GROWTH9
WOULD SAVE THIRTY-ONE PERCENT IN CAPITAL AND MAINTENANCE COSTS10
OVER TWENTY YEARS;11
(o) A
CCORDING TO A 2022 ARTICLE TITLED "DOES DISCRETION12
D
ELAY DEVELOPMENT?" IN THE JOURNAL OF THE AMERICAN PLANNING13
A
SSOCIATION, RESIDENTIAL PROJECTS USING ADMINISTRATIVE APPROVAL14
PROCESSES ARE APPROVED TWENTY -EIGHT PERCENT FASTER THAN THOSE15
USING DISCRETIONARY APPROVAL PROCESSES , AND FASTER APPROVAL16
TIMES REDUCE DEVELOPER COSTS AND THEREFORE HOUSING COSTS .17
S
TUDIES HAVE SHOWN THAT HOMEBUILDERS , INCLUDING AFFORDABLE18
HOUSING DEVELOPERS, WILL AVOID PARCELS THAT NEED TO GO THROUGH19
A DISCRETIONARY PROCESS.20
(p) C
OMMUNITY OPPOSITION TO SPECIFIC AFFORDABLE HOUSING21
DEVELOPMENTS FREQUENTLY CAUSES DELAYS , INCREASES COSTS,22
REDUCES THE NUMBER OF HOUSING UNITS DELIVERED , PUSHES SITING OF23
AFFORDABLE HOUSING TO LESS OPPORTUNITY -RICH AREAS, AND PREVENTS24
DEVELOPMENTS FROM OCCURRING ALTOGETHER , ACCORDING TO STUDIES25
SUCH AS "DEMOCRACY IN ACTION? NIMBY AS IMPEDIMENT TO26
E
QUITABLE AFFORDABLE HOUSING SITING" IN THE JOURNAL HOUSING27
1313
-16- STUDIES;1
(q) R
ESEARCHERS HAVE FOUND THAT UPWARD MOBILITY IS2
SIGNIFICANTLY GREATER IN MORE COMPACT DEVELOPMENT AREAS THAN3
IN LOW-DENSITY AREAS, PRIMARILY DUE TO BETTER JOB ACCESSIBILITY BY4
MULTIPLE TRANSPORTATION MODES , ACCORDING TO THE STUDY "DOES5
U
RBAN SPRAWL HOLD DOWN UPWARD MOBILITY?", PUBLISHED IN THE6
J
OURNAL OF LANDSCAPE AND URBAN PLANNING;7
(r) TRANSIT-ORIENTED DEVELOPMENT, INCLUDING CONNECTING8
HOUSING OPPORTUNITIES AND SERVICES WITH SAFE MULTIMODAL9
INFRASTRUCTURE AND PUBLIC TRANSIT, IMPROVES THE ACCESSIBILITY OF10
CITIES FOR PEOPLE WITH DISABILITIES AND THOSE WITH LIMITED MOBILITY.11
PEOPLE WITH DISABILITIES ARE MORE LIKELY TO LIVE IN HOUSEHOLDS12
WITH ZERO CARS, ARE LESS LIKELY TO DRIVE, AND ARE MORE LIKELY TO13
RELY ON PUBLIC TRANSIT OR PARATRANSIT , ACCORDING TO THE 201714
"NATIONAL HOUSEHOLD TRAVEL SURVEY";15
(s) ACCORDING TO THE GREENHOUSE GAS POLLUTION REDUCTION16
ROADMAP PUBLISHED BY THE COLORADO ENERGY OFFICE , DATED17
J
ANUARY 14, 2021, THE TRANSPORTATION SECTOR IS THE SINGLE LARGEST18
SOURCE OF GREENHOUSE GAS POLLUTION IN COLORADO. NEARLY SIXTY19
PERCENT OF THE GREENHOUSE GAS EMISSIONS FROM THE20
TRANSPORTATION SECTOR COME FROM LIGHT -DUTY VEHICLES, WHICH ARE21
THE MAJORITY OF CARS AND TRUCKS THAT COLORADANS DRIVE EVERY22
DAY.23(t) MOTOR VEHICLE POLLUTION, INCLUDING GREENHOUSE GAS24
EMISSIONS, DOES NOT STAY WITHIN THE GEOGRAPHIC BOUNDARIES OF THE25
LOCAL GOVERNMENT WH ERE IT IS EMITTED ;26
(u) THE GREENHOUSE GAS TRANSPORTATION PLANNING STANDARD27
1313
-17- ADOPTED BY THE TRANSPORTATION COMMISSION OF COLORADO IN 20211
SET A STATEWIDE TARGET TO REDUCE TRANSPORTATION GREENHOUSE GAS2
EMISSIONS THROUGH THE TRANSPORTATION PLANNING PROCESS BY ONE3
MILLION FIVE HUNDRED THOUSAND TONS BY 2030; AND4
(v) THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY5
HAS CLASSIFIED THE DENVER METRO AND NORTH FRONT RANGE AREA AS6
BEING IN SEVERE NON-ATTAINMENT FOR OZONE AND GROUND LEVEL7
OZONE, WHICH HAS SERIOUS IMPACTS ON HUMAN HEALTH , PARTICULARLY8
FOR VULNERABLE POPULATIONS .9
(2) T
HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT :10
(a) T
HE CONSEQUENCES OF COMMUNITY OPPOSITION AND LOCAL11
LAND USE POLICIES THAT LIMIT HOUSING SUPPLY IN TRANSIT -ORIENTED12
COMMUNITIES IMPACT HOUSING OPTIONS FOR COLORADANS OF LOW AND13
MODERATE INCOMES AND WORKFORCE HOUSING TO SUPPORT14
EMPLOYMENT GROWTH . INCREASING HIGHER-DENSITY HOUSING IN15
TRANSIT-ORIENTED COMMUNITIES ENSURES STABLE QUANTITY AND16
QUALITY OF HOUSING FOR EVERYONE AND CORRECTS POLICIES THAT17
PERPETUATE SEGREGATED AND UNEQUAL COMMUNITIES , REDUCED18
MOBILITY AND LONG COMMUTES , REDUCED OPTIONS FOR OLDER ADULTS19
TO AGE IN THEIR COMMUNITY OF CHOICE , LOSS OF OPEN SPACE AND20
AGRICULTURAL LAND, HIGH WATER USAGE, AND INCREASED GREENHOUSE21
GAS AND AIR POLLUTION.22
(b) T
HERE IS AN EXTRATERRITORIAL IMPACT WHEN LOCAL23
GOVERNMENTS RESTRICT HOUSING DEVELOPMENT WITHIN THEIR24
JURISDICTIONS. THE CALL FOR JOB GROWTH IN ONE COMMUNITY THAT25
DOES NOT ALSO ADDRESS THE NEED FOR ADDITIONAL HOUSING AFFECTS26
THE DEMAND OF HOUSING DEVELOPMENT IN NEIGHBORING JURISDICTIONS .27
1313
-18- IN COLORADO, THE NUMBER OF JOBS WITHIN LARGE MUNICIPALITIES IS1
GENERALLY CORRELATED TO THE MUNICIPALITY 'S TRANSIT SERVICE, AND2
RESEARCH HAS SHOWN THAT REGIONAL IMBALANCES BETWEEN JOBS AND3
HOUSING HAVE A SIGNIFICANT IMPACT ON VEHICLE MILES TRAVELED AND4
COMMUTE TIMES ACROSS JURISDICTIONS , ACCORDING TO STUDIES SUCH AS5
"W
HICH REDUCES VEHICLE TRAVEL MORE: JOBS-HOUSING BALANCE OR6
R
ETAIL-HOUSING MIXING?", PUBLISHED IN THE JOURNAL OF THE7
A
MERICAN PLANNING ASSOCIATION. WHEN PEOPLE ARE UNABLE TO LIVE8
NEAR WHERE THEY WORK , WORKERS HAVE NO OPTIONS BUT TO SPEND9
MORE HOURS ON THE ROAD COMMUTING TO AND FROM WORK . THE10
LONGER COMMUTE INCREASES VEHICLE TRAFFIC AND PUTS ADDITIONAL11
STRAIN ON COLORADO'S ROADS AND INCREASES POLLUTION .12
(c) T
HE AVAILABILITY OF AFFORDABLE HOUSING IS A MATTER OF13
MIXED STATEWIDE AND LOCAL CONCERN . THEREFORE, IT IS THE INTENT OF14
THE GENERAL ASSEMBLY IN ENACTING THIS PART 2 TO:15
(I) P
ROVIDE FUNDING FOR INFRASTRUCTURE AND AFFORDABLE16
HOUSING TO SUPPORT LOCAL GOVERNMENTS WHOSE ZONING DOES MEET17
THE GOALS OF THIS PART 2, AND TO ENCOURAGE MORE DENSE18
MULTIFAMILY HOUSING DEVELOPMENT PROJECTS THAT CAN ADDRESS THE19
STATE'S HOUSING SHORTAGE FOR ALL PARTS OF THE INCOME SPECTRUM ,20
AND SUPPORT MORE FISCALLY AND ENVIRONMENTALLY SUSTAINABLE21
DEVELOPMENT PATTERNS ;22
(II) I
MPROVE REGIONAL COLLABORATION AND OUTCOMES BY23
REDUCING THE ABILITY OF INDIVIDUAL LOCAL GOVERNMENTS ' LAND USE24
RESTRICTIONS TO NEGATIVELY INFLUENCE REGIONAL CONCERNS SUCH AS25
HOUSING AFFORDABILITY, OPEN SPACE, TRAFFIC, AND AIR POLLUTION; AND26
(III) C
OLORADO HAS A LEGITIMATE STATE INTEREST IN MANAGING27
1313
-19- POPULATION AND DEVELOPMENT GROWTH AND ENSURING STABLE1
QUALITY AND QUANTITY OF HOUSING FOR COLORADANS; AND2
(d) C
OLORADO HAS A LEGITIMATE STATE INTEREST IN MANAGING3
POPULATION AND DEVELOPMENT GROWTH AND ENSURING STABLE4
QUALITY AND QUANTITY OF HOUSING FOR COLORADANS AS THIS IS AMONG5
THE MOST PRESSING PROBLEMS CURRENTLY FACING COMMUNITIES6
THROUGHOUT COLORADO.7
(3) T
HEREFORE, THE GENERAL ASSEMBLY FINDS, DETERMINES, AND8
DECLARES THAT THE LACK OF HOUSING SUPPLY AND UNSUSTAINABLE9
DEVELOPMENT PATTERNS REQUIRE A STATEWIDE SOLUTION THAT10
ADDRESSES LOCAL GOVERNMENT POLICIES THAT EFFECTIVELY LIMIT THE11
CONSTRUCTION OF A DIVERSE RANGE OF HOUSING TYPES IN AREAS12
ALREADY SERVED BY INFRASTRUCTURE OR IN CLOSE PROXIMITY TO JOBS13
AND PUBLIC TRANSIT , ALONG WITH A LACK OF FUNDING FOR14
INFRASTRUCTURE AND AFFORDABLE HOUSING NEAR TRANSIT -ORIENTED15
COMMUNITIES.16
(4) T
HEREFORE, THE GENERAL ASSEMBLY DECLARES THAT17
INCREASING HOUSING IN TRANSIT-ORIENTED COMMUNITIES IS A MATTER18
OF MIXED STATEWIDE AND LOCAL CONCERN .19
29-35-202. Definitions. A
S USED IN THIS PART 2, UNLESS THE20
CONTEXT OTHERWISE REQUIRES :21
22
(1) "EXEMPT PARCEL" MEANS:23
(a) A
PARCEL THAT, AS OF JANUARY 1, 2024, IS NOT SERVED BY A24
DOMESTIC WATER AND SEWAGE TREATMENT SYSTEM , AS DEFINED IN25
SECTION 24-65.1-104
(5), AND NOT SERVED BY A WELL WITH A PERMIT26
THAT CAN SUPPLY AN ADDITIONAL DWELLING UNIT ;27
1313
-20- (b) A PARCEL THAT, AS OF JANUARY 1, 2024, IS IN AN1
AGRICULTURAL, FORESTRY, NATURAL RESOURCE PRESERVATION , OR OPEN2
SPACE ZONING DISTRICT;3
(c) A
PARCEL THAT, AS OF JANUARY 1, 2024, IS ZONED OR USED4
PRIMARILY FOR INDUSTRIAL USE , WHICH, FOR PURPOSES OF THIS5
SUBSECTION
(1)(c), MEANS A BUSINESS USE OR ACTIVITY AT A SCALE6
GREATER THAN HOME I NDUSTRY INVOLVING M ANUFACTURING ,7
FABRICATION, ASSEMBLY, WAREHOUSING, OR STORAGE;8
(d) A
NY PART OF A PARCEL THAT, AS OF JANUARY 1, 2024, IS IN A9
FLOODWAY OR IN A ONE HUNDRED -YEAR FLOODPLAIN, AS IDENTIFIED BY10
THE FEDERAL EMERGENCY MANAGEMENT AGENCY ;11
(e) A
PARCEL THAT, AS OF JANUARY 1, 2024, IS USED AS A12
CEMETERY, AS DEFINED IN SECTION 31-25-701 (2);13
(f) A
NY PART OF A PARCEL THAT, AS OF JANUARY 1, 2024, IS14
SUBJECT TO A CONSERVATION EASEMENT ;15
(g) A
PARCEL OR EASEMENT THAT , AS OF JANUARY 1, 2024, IS16
OWNED BY, USED AS, OR OPERATED BY AN AIRPORT;17
(h) A
PUBLIC OR RAILROAD RIGHT-OF-WAY THAT EXISTS AS OF18
J
ANUARY 1, 2024;19
(i) A
PARCEL THAT, AS OF JANUARY 1, 2024, IS USED AS A MOBILE20
HOME PARK, AS DEFINED IN SECTION 38-12-201.5 (6);21
(j) A
PARCEL THAT, AS OF JANUARY 1, 2024, IS FEDERAL OR STATE22
OWNED PROPERTY; OR23
(k) A
NY PART OF A PARCEL THAT , AS OF JANUARY 1, 2024,24
INCLUDES LAND THAT IS PARK AND OPEN SPACE , AS DEFINED IN SECTION25
29-7.5-103
(2).26
(2) "HOUSING OPPORTUNITY GOAL " MEANS A GOAL FOR THE27
1313
-21- ZONING CAPACITY FOR RESIDENTIAL UNITS IN A TRANSIT -ORIENTED1
COMMUNITY. A LOCAL GOVERNMENT SHALL CALCULATE ITS HOUSING2
OPPORTUNITY GOAL PURSUANT TO SECTION 29-35-204 (2).3
(3) "MIXED-USE PEDESTRIAN-ORIENTED NEIGHBORHOOD " MEANS4
AN AREA THAT INTEGRATES LAND USE TYPES THAT INCLUDE RESIDENTIAL5
AND NONRESIDENTIAL USES WITHIN A WALKABLE NEIGHBORHOOD .6
(4) "NEIGHBORHOOD CENTER" MEANS AN AREA THAT BOTH MEETS7
THE REQUIREMENTS OF SECTION 29-35-207 AND IS DESIGNATED AS A8
NEIGHBORHOOD CENTER BY A LOCAL GOVERNMENT IN A METROPOLITAN9
PLANNING ORGANIZATION.10
(5) "NET HOUSING DENSITY" MEANS THE NUMBER OF RESIDENTIAL11
UNITS ALLOWED PER ACRE OF LAND ON PARCELS THAT ALLOW FOR12
RESIDENTIAL DEVELOPMENT. IN CALCULATING NET HOUSING DENSITY FOR13
AN AREA, A LOCAL GOVERNMENT SHALL INCORPORATE ANY DIMENSIONAL14
OR OTHER RESTRICTIONS IN LOCAL LAWS USED TO REGULATE ALLOWED15
DENSITY IN THE AREA, INCLUDING BUT NOT LIMITED TO RESTRICTIONS16
RELATED TO UNITS PER ACRE, LOT AREA PER UNIT, LOT COVERAGE, SITE17
LEVEL OPEN SPACE REQUIREMENTS , FLOOR AREA RATIOS, SETBACKS,18
MINIMUM PARKING REQUIREMENTS , AND MAXIMUM HEIGHT.19
(6) (a) "NONQUALIFIED TRANSIT-ORIENTED COMMUNITY" MEANS20
A TRANSIT-ORIENTED COMMUNITY THAT HAS NOT , AS OF DECEMBER 31,21
2026,
MET ITS HOUSING OPPORTUNITY GOAL PURSUANT TO SECTION22
29-35-204
(4).23
(b) W
HEN A TRANSIT-ORIENTED COMMUNITY MEETS ITS HOUSING24
OPPORTUNITY GOAL PURSUANT TO SECTION 29-35-204 (4), A25
TRANSIT-ORIENTED COMMUNITY IS A "QUALIFIED TRANSIT-ORIENTED26
COMMUNITY".27
1313
-22- (7) "QUALIFIED TRANSIT-ORIENTED COMMUNITY " MEANS A1
TRANSIT-ORIENTED COMMUNITY THAT HAS BOTH MET ITS HOUSING2
OPPORTUNITY GOAL AND HAD THE DEPARTMENT APPROVE EITHER THE3
TRANSIT-ORIENTED COMMUNITY 'S HOUSING OPPORTUNITY GOAL4
PURSUANT TO SECTION 29-35-204 (8), OR THE TRANSIT-ORIENTED5
COMMUNITY'S PROGRESS REPORT PURSUANT TO SECTION 29-35-204 (9).6
(8) "REGULATED AFFORDABLE HOUSING " MEANS AFFORDABLE7
HOUSING THAT:8
(a) HAS RECEIVED LOANS, GRANTS, EQUITY, BONDS, OR TAX9
CREDITS FROM ANY SOURCE TO SUPPORT THE CREATION, PRESERVATION,10
OR REHABILITATION OF AFFORDABLE HOUSING THAT, AS A CONDITION OF11
FUNDING, ENCUMBERS THE PROPERTY WITH A RESTRICTED USE COVENANT12
OR SIMILAR RECORDED AGREEMENT TO ENSURE AFFORDABILITY, OR HAS13
BEEN INCOME-RESTRICTED UNDER A LOCAL INCLUSIONARY ZONING14
ORDINANCE OR OTHER REGULATION OR PROGRAM ;15
(b) RESTRICTS OR LIMITS MAXIMUM RENTAL OR SALE PRICE FOR16
HOUSEHOLDS OF A GIVEN SIZE AT A GIVEN AREA MEDIAN INCOME , AS17
ESTABLISHED ANNUALLY BY THE UNITED STATES DEPARTMENT OF18
HOUSING AND URBAN DEVELOPMENT ; AND19
(c) ENSURES OCCUPANCY BY LOW- TO MODERATE-INCOME20
HOUSEHOLDS FOR A SPECIFIED PERIOD DETAILED IN A RESTRICTIVE USE21
COVENANT OR SIMILAR RECORDED AGREEMENT .22
(9) "TRANSIT AREA" MEANS BOTH A TRANSIT STATION AREA , AS23
DEFINED IN SUBSECTION (13) OF THIS SECTION, OR A TRANSIT CORRIDOR24
AREA, AS DEFINED IN SUBSECTION (11) OF THIS SECTION.25
(10) "TRANSIT CENTER" MEANS AN AREA THAT BOTH MEETS THE26
REQUIREMENTS OF SECTION 29-35-206 AND IS DESIGNATED AS A TRANSIT27
1313
-23- CENTER BY A TRANSIT-ORIENTED COMMUNITY .1
(11) "TRANSIT CORRIDOR AREA " MEANS THE TOTAL AREA ,2
MEASURED IN ACRES, WITHIN A TRANSIT-ORIENTED COMMUNITY THAT IS3
WITHIN ONE-QUARTER MILE OF A PUBLIC BUS ROUTE AND THAT EITHER :4
(a) H
AS A SCHEDULED FREQUENCY OF FIFTEEN MINUTES OR LESS5
DURING THE HIGHEST FREQUENCY SERVICE HOURS ; OR6
(b) I
S AN URBAN BUS RAPID TRANSIT SERVICE.7
(12) "TRANSIT-ORIENTED COMMUNITY " MEANS A LOCAL8
GOVERNMENT THAT:9
(a) I
S EITHER ENTIRELY OR PARTIALLY WITHIN A METROPOLITAN10
PLANNING ORGANIZATION;11
(b) H
AS A POPULATION OF FOUR THOUSAND OR MORE ACCORDING12
TO THE MOST RECENT DATA FROM THE STATE DEMOGRAPHY OFFICE ;13
(c) C
ONTAINS AT LEAST SEVENTY-FIVE ACRES OF TRANSIT AREA;14
AND15
(d) I
F THE LOCAL GOVERNMENT IS A COUNTY , CONTAINS EITHER:16
(I) A
PART OF A TRANSIT STATION AREA THAT IS BOTH IN AN17
UNINCORPORATED PART OF THE COUNTY AND WITHIN ONE -HALF MILE OF18
A TRANSIT STATION THAT SERVES ONE OR BOTH OF A COMMUTER RAIL OR19
A LIGHT RAIL SERVICE; OR20
(II)
A PART OF A TRANSIT CORRIDOR AREA THAT IS BOTH IN AN21
UNINCORPORATED PART OF THE COUNTY AND FULLY SURROUNDED BY ONE22
OR MORE MUNICIPALITIES.23
(13) "TRANSIT STATION AREA " MEANS THE TOTAL AREA ,24
MEASURED IN ACRES, WITHIN A TRANSIT-ORIENTED COMMUNITY THAT IS25
WITHIN ONE-HALF MILE OF A STATION THAT SERVES ONE OR MORE OF THE26
FOLLOWING:27
1313
-24- (a) COMMUTER BUS RAPID TRANSIT SERVICE ;1
(b) C
OMMUTER RAIL;2
(c) L
IGHT RAIL; OR3
(d) A
PUBLIC BUS ROUTE THAT HAS A SCHEDULED FREQUENCY OF4
FIFTEEN MINUTES OR LESS DURING THE HIGHEST FREQUENCY SERVICE5
HOURS AND OPERATES PRIMARILY ON AN INTERSTATE HIGHWAY .6
(14) "ZONING CAPACITY" MEANS THE TOTAL NUMBER OF HOUSING7
UNITS ALLOWED IN AN AREA, AS LIMITED BY THE RESTRICTIONS IN LOCAL8
LAW THAT REGULATE DENSITY IN THAT AREA , INCLUDING BUT NOT9
LIMITED TO RESTRICTIONS RELATED TO UNITS PER ACRE , LOT AREA PER10
UNIT, LOT COVERAGE, SITE LEVEL OPEN SPACE REQUIREMENTS , FLOOR11
AREA RATIOS, SETBACKS, MINIMUM PARKING REQUIREMENTS , AND12
MAXIMUM HEIGHT.13
29-35-203. Department of local affairs collaboration. A
S14
DETERMINED TO BE APPROPRIATE BY THE EXECUTIVE DIRECTOR OF THE15
DEPARTMENT, THE DEPARTMENT SHALL COLLABORATE WITH THE16
DEPARTMENT OF TRANSPORTATION AND THE COLORADO ENERGY OFFICE17
IN FULFILLING THE REQUIREMENTS OF THIS PART 2.18
29-35-204. Transit-oriented community housing opportunity19
goal calculation - preliminary transit-oriented community assessment20
report - housing opportunity goal compliance - insufficient water21
supplies for meeting a housing opportunity goal - affordability and22
displacement mitigation strategies - housing opportunity goal report23
- legislative declaration. (1) Legislative declaration. T
HE GENERAL24
ASSEMBLY HEREBY FINDS AND DECLARES THAT :25
(a) T
RANSIT RIDERSHIP, LAND USE DEVELOPMENT PATTERNS ,26
AFFORDABILITY AND AVAILABILITY OF HOUSING , ROADS, AND27
1313
-25- GREENHOUSE GAS EMISSIONS FROM THE TRANSPORTATION SECTOR ARE1
INTERCONNECTED ISSUES THAT HAVE IMPACTS AND CONCERNS WELL2
BEYOND THE BORDERS OF A SINGLE LOCAL COMMUNITY ;3
(b) C
OLORADO HAS AN INTEREST IN ENSURING A STABLE QUANTITY4
AND QUALITY OF HOUSING IN ALIGNMENT WITH POPULATION GROWTH AND5
ENSURING THAT SHARED RESOURCES , INVESTMENTS, AND GOALS SUCH AS6
ROADS, INFRASTRUCTURE, TRANSIT, AIR QUALITY, WATER, AND7
GREENHOUSE GAS MITIGATION , ARE PROTECTED IN THE PROCESS; AND8
(c) I
NCREASING HOUSING DENSITY IN TRANSIT -ORIENTED9
COMMUNITIES IS A MATTER OF MIXED STATEWIDE AND LOCAL CONCERN10
THAT REQUIRES STATEWIDE COOPERATION .11
(2) Housing opportunity goal calculation.
A12
TRANSIT-ORIENTED COMMUNITY SHALL CALCULATE ITS HOUSING13
OPPORTUNITY GOAL BY MULTIPLYING THE TOTAL AREA OF THE TRANSIT14
AREAS WITHIN THE LOCAL GOVERNMENT 'S JURISDICTION, EXCLUSIVE OF15
THE EXEMPT PARCELS IN THOSE TRANSIT AREAS , BY FORTY UNITS PER16
ACRE. 17
(3) Preliminary transit-oriented community assessment report.18
(a) O
N OR BEFORE
APRIL 30, 2025, A TRANSIT-ORIENTED COMMUNITY19
SHALL, IN A FORM AND MANNER DETERMINED BY THE DEPARTMENT ,20
SUBMIT A PRELIMINARY TRANSIT -ORIENTED COMMUNITY ASSESSMENT21
REPORT THAT INCLUDES:22
(I) T
HE TRANSIT-ORIENTED COMMUNITY'S HOUSING OPPORTUNITY23
GOAL AND THE DATA AND METHOD THE TRANSIT -ORIENTED COMMUNITY24
USED TO CALCULATE ITS HOUSING OPPORTUNITY GOAL ; AND25
(II) A
MAP OF EXISTING ZONING DISTRICTS WITHIN THE26
TRANSIT-ORIENTED COMMUNITY THAT MAY QUALIFY AS TRANSIT CENTERS27
1313
-26- AND PRELIMINARY EVIDENCE FOR THIS QUALIFICATION INCLUDING THE1
STANDARDS APPLICABLE TO THESE ZONING DISTRICTS .2
(b) IF APPLICABLE, A TRANSIT-ORIENTED COMMUNITY MAY3
INCLUDE IN THE REPORT DESCRIBED IN SUBSECTION (3)(a) OF THIS SECTION4
ANY AFFORDABILITY OR DISPLACEMENT STRATEGIES THAT THE5
TRANSIT-ORIENTED COMMUNITY HAS IMPLEMENTED .6
(c) THE DEPARTMENT SHALL REVIEW A PRELIMINARY7
TRANSIT-ORIENTED COMMUNITY ASSESSMENT REPORT SUBMITTED BY A8
TRANSIT-ORIENTED COMMUNITY PURSUANT TO THIS SUBSECTION (3) AND9
EITHER PROVIDE WRITTEN NOTICE APPROVING THE REPORT OR PROVIDE10
DIRECTION FOR AMENDING AND RESUBMITTING THE REPORT .11
(4) Housing opportunity goal compliance. (a) I
F A12
TRANSIT-ORIENTED COMMUNITY DOES NOT MEET ITS HOUSING13
OPPORTUNITY GOAL ON OR BEFORE DECEMBER 31, 2026, THE14
DEPARTMENT SHALL DESIGNATE THE TRANSIT -ORIENTED COMMUNITY AS15
A NONQUALIFIED TRANSIT-ORIENTED COMMUNITY.16
(b) O
N OR BEFORE DECEMBER 31, 2027, A TRANSIT-ORIENTED17
COMMUNITY SHALL MEET ITS HOUSING OPPORTUNITY GOAL .18
(c) T
O ENSURE THAT A TRANSIT-ORIENTED COMMUNITY MEETS ITS19
HOUSING OPPORTUNITY GOAL , A TRANSIT-ORIENTED COMMUNITY SHALL :20
(I) D
ESIGNATE AREAS WITHIN THE TRANSIT-ORIENTED COMMUNITY21
AS TRANSIT CENTERS AND ENSURE THAT THOSE AREAS SATISFY THE22
REQUIREMENTS IN SECTION 29-35-206;23
(II) E
NSURE THAT THE TOTAL ZONING CAPACITY FOR ALL TRANSIT24
CENTERS WITHIN THE TRANSIT-ORIENTED COMMUNITY IS GREATER THAN25
OR EQUAL TO THE TRANSIT -ORIENTED COMMUNITY 'S HOUSING26
OPPORTUNITY GOAL; AND27
1313
-27- (III) SUBMIT A HOUSING OPPORTUNITY GOAL REPORT AND HAVE1
THE REPORT APPROVED BY THE DEPARTMENT PURSUANT TO SUBSECTION2
(8)
OF THIS SECTION.3
(5) Insufficient water supplies for meeting a housing4
opportunity goal. (a) O
N OR BEFORE DECEMBER 31, 2026, AND EVERY5
THREE YEARS THEREAFTER , A TRANSIT-ORIENTED COMMUNITY MAY6
NOTIFY THE DEPARTMENT, IN A FORM AND MANNER DETERMINED BY THE7
DEPARTMENT, THAT A WATER SUPPLY ENTITY , AS DEFINED IN SECTION8
29-20-302
(2), THAT SUPPLIES WATER TO AN AREA WITHIN THE9
TRANSIT-ORIENTED COMMUNITY HAS DETERMINED THAT THE WATER10
SUPPLY ENTITY DOES NOT HAVE SUFFICIENT AVAILABLE WATER SUPPLIES11
DURING THE MOST RECENT THREE -YEAR PERIOD TO PROVIDE THE12
DOMESTIC WATER SERVICE NECESSARY TO MEET THE TRANSIT -ORIENTED13
COMMUNITY'S HOUSING OPPORTUNITY GOAL IN THAT AREA . THE WATER14
SUPPLY ENTITY SHALL PROVIDE INFORMATION AND ASSISTANCE AS15
NECESSARY TO COMPLETE THE NOTICE ALLOWED BY THIS SUBSECTION (5).16
T
HE NOTICE ALLOWED BY THIS SUBSECTION (5) MUST INCLUDE, BUT IS NOT17
LIMITED TO:18
19
(I) AN ANALYSIS OF PROJECTED HOUSING AND POPULATION20
GROWTH FROM THE STATE DEMOGRAPHY OFFICE OR RELEVANT21
METROPOLITAN PLANNING ORGANIZATION IN THE AREA WITHIN THE22
TRANSIT-ORIENTED COMMUNITY THAT THE WATER SUPPLY ENTITY23
PROVIDES DOMESTIC WATER SERVICES TO ;24
25
(II) ANY DATA, PROFESSIONAL OPINIONS, OR OTHER INFORMATION26
USED TO CREATE THE ANALYSIS IN THIS SUBSECTION (5)(a)(I);27
1313
-28- (III) DOCUMENTATION DEMONSTRATING BOTH AN UP -TO-DATE1
WATER SUPPLY PLAN THAT COMPLIES WITH SECTION 29-20-304 (3) AND AN2
UP-TO-DATE WATER EFFICIENCY PLAN THAT COMPLIES WITH SECTION3
37-60-126
(1) THROUGH (5);
AND4
(IV) A PROPOSAL THAT MAY INCLUDE:5
(A) A
REQUEST FOR AN AMOUNT OF ADDITIONAL TIME FOR THE6
TRANSIT-ORIENTED COMMUNITY TO MEET ITS HOUSING OPPORTUNITY7
GOAL IN A MANNER THAT WILL ALLOW THE WATER SUPPLY ENTITY TO8
PROVIDE THE NECESSARY DOMESTIC WATER SERVICES ; AND9
(B) A
N ACTION PLAN BASED ON THE ANALYSES IN SUBSECTIONS10
(5)(a)(I)
THROUGH
(5)(a)(II) OF THIS SECTION.11
(b) U
PON RECEIVING THE NOTICE DESCRIBED IN SUBSECTION (5)(a)12
OF THIS SECTION, THE DEPARTMENT SHALL REVIEW THE NOTICE AND13
DETERMINE WHETHER TO ACCEPT , PROVIDE COMMENT ON, OR DENY THE14
PROPOSAL DESCRIBED IN SUBSECTION
(5)(a)(II) OF THIS SECTION.15
(6) Affordability strategies. (a) O
N OR BEFORE DECEMBER 31,16
2026,
A TRANSIT-ORIENTED COMMUNITY SHALL IDENTIFY AFFORDABILITY17
STRATEGIES THAT IT WILL IMPLEMENT
OR HAS ALREADY IMPLEMENTED18
WHILE MEETING ITS HOUSING OPPORTUNITY GOAL . IN SO DOING, THE19
TRANSIT-ORIENTED COMMUNITY SHALL IDENTIFY AFFORDABILITY20
STRATEGIES BASED ON THE DEMONSTRATED HOUSING NEEDS WITHIN THE21
TRANSIT-ORIENTED COMMUNITY INCLUDING FOR -SALE AND RENTAL22
HOUSING NEEDS AND THE HOUSING NEEDS OF LOW -, MODERATE-, AND23
MEDIUM-INCOME HOUSEHOLDS, AS DESIGNATED BY THE UNITED STATES24
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT .25
(b) (I) O
N OR BEFORE DECEMBER 31, 2026, A TRANSIT-ORIENTED26
COMMUNITY SHALL INCLUDE THE FOLLOWING IN ITS HOUSING27
1313
-29- OPPORTUNITY GOAL REPORT SUBMITTED PURSUANT TO SUBSECTION1
(8)(a)(IV)
OF THIS SECTION:2
(A) A
T LEAST TWO STRATEGIES INCLUDED IN THE STANDARD3
AFFORDABILITY STRATEGIES MENU DESCRIBED IN SECTION 29-35-209 (1)4
THAT THE TRANSIT-ORIENTED COMMUNITY IDENTIFIED PURSUANT TO5
SUBSECTION (6)(a) OF THIS SECTION AND INTENDS TO IMPLEMENT ;6
(B) A
T LEAST ONE STRATEGY INCLUDED IN THE LONG -TERM7
AFFORDABILITY STRATEGIES MENU DESCRIBED IN SECTION 29-35-209 (2)8
THAT THE TRANSIT-ORIENTED COMMUNITY IDENTIFIED PURSUANT TO9
SUBSECTION (6)(a) OF THIS SECTION AND INTENDS TO IMPLEMENT ; AND10
(C) A
N IMPLEMENTATION PLAN DESCRIBING HOW THE11
TRANSIT-ORIENTED COMMUNITY HAS OR WILL IMPLEMENT THE12
AFFORDABILITY STRATEGIES IDENTIFIED PURSUANT TO SUBSECTIONS13
(6)(b)(I)(A)
AND (6)(b)(I)(B) OF THIS SECTION.14
(II) F
OR PURPOSES OF SATISFYING THE REQUIREMENTS OF THIS15
SUBSECTION (6)(b), A TRANSIT-ORIENTED COMMUNITY SHALL NOT :16
(A) C
OUNT ONE OR BOTH OF THE STRATEGIES DESCRIBED IN17
SECTIONS 29-35-209 (1)(e) AND 29-35-209 (2)(c) TOWARDS SATISFYING18
THE REQUIREMENTS OF BOTH SUBSECTIONS (6)(b)(I)(A) AND (6)(b)(I)(B)19
OF THIS SECTION; OR20
(B) C
OUNT ANY STRATEGY DESCRIBED IN SECTION 29-35-209 THAT21
IS OTHERWISE REQUIRED BY STATE LAW .22
(7) Displacement mitigation strategies. O
N OR BEFORE23
D
ECEMBER 31, 2026, A TRANSIT-ORIENTED COMMUNITY SHALL INCLUDE24
THE FOLLOWING IN ITS HOUSING OPPORTUNITY GOAL REPORT , PURSUANT25
TO SUBSECTION (8)(a)(V) OF THIS SECTION:26
(a) A
NY DISPLACEMENT MITIGATION STRATEGIES THAT THE27
1313
-30- TRANSIT-ORIENTED COMMUNITY HAS ADOPTED OR WILL ADOPT FROM THE1
DISPLACEMENT MITIGATION STRATEGIES MENU DEVELOPED BY THE2
DEPARTMENT PURSUANT TO SECTION 29-35-210 (3) TO MITIGATE3
DISPLACEMENT RISKS WHILE MEETING ITS HOUSING OPPORTUNITY GOAL ;4
AND5
(b) A
N IMPLEMENTATION PLAN DESCRIBING HOW THE6
TRANSIT-ORIENTED COMMUNITY WILL IMPLEMENT THE DISPLACEMENT7
MITIGATION STRATEGIES IT IDENTIFIES PURSUANT TO SUBSECTION (7)(a)8
OF THIS SECTION.9
(8) Housing opportunity goal report. (a) O
N OR BEFORE10
D
ECEMBER 31, 2026, A TRANSIT-ORIENTED COMMUNITY SHALL SUBMIT A11
HOUSING OPPORTUNITY GOAL REPORT TO THE DEPARTMENT IN A FORM12
AND MANNER DETERMINED BY THE DEPARTMENT .
PURSUANT TO SECTION13
29-35-211 (5), UPON THE SUBMISSION AND APPROVAL BY THE14
DEPARTMENT OF THE REPORT, A TRANSIT-ORIENTED COMMUNITY BECOMES15
ELIGIBLE FOR THE AWARD OF A TRANSIT-ORIENTED COMMUNITIES16
INFRASTRUCTURE GRANT PROGRAM GRANT. THE REPORT MUST INCLUDE17
THE FOLLOWING, ALONG WITH ANY OTHER ELEMENTS IDENTIFIED BY THE18
DEPARTMENT:19
(I) T
HE TRANSIT-ORIENTED COMMUNITY'S HOUSING OPPORTUNITY20
GOAL;21
(II) E
VIDENCE THAT THE TRANSIT-ORIENTED COMMUNITY HAS MET22
ITS HOUSING OPPORTUNITY GOAL PURSUANT TO SUBSECTION (4)(c) OF THIS23
SECTION;24
(III) A
MAP THAT IDENTIFIES THE BOUNDARIES OF ANY TRANSIT25
CENTERS WITHIN THE TRANSIT -ORIENTED COMMUNITY AND EVIDENCE26
THAT THOSE AREAS SATISFY THE REQUIREMENTS IN SECTION 29-35-206;27
1313
-31- (IV) AFFORDABILITY STRATEGIES IDENTIFIED PURSUANT TO1
SUBSECTION (6)(b)(I)(A) AND (6)(b)(I)(B) OF THIS SECTION AND THE2
IMPLEMENTATION PLAN DESCRIBED PURSUANT TO SUBSECTION (6)(b)(I)(C)3
OF THIS SECTION;4
(V) D
ISPLACEMENT MITIGATION STRATEGIES
IDENTIFIED5
PURSUANT TO SUBSECTION (7)(a) OF THIS SECTION AND THE6
IMPLEMENTATION PLAN DESCRIBED PURSUANT TO SUBSECTION (7)(b) OF7
THIS SECTION; 8
(VI) A DESCRIPTION OF COMMUNITY ENGAGEMENT THAT THE9
TRANSIT-ORIENTED COMMUNITY CONDUCTED IN THE PROCESS OF MEETING10
ITS HOUSING OPPORTUNITY GOAL , IDENTIFYING AFFORDABILITY11
STRATEGIES PURSUANT TO SUBSECTION (6)(b)(I)(A) AND (6)(b)(I)(B) OF12
THIS SECTION AND IDENTIFYING DISPLACEMENT MITIGATION STRATEGIES13
PURSUANT TO SUBSECTION (7)(a) OF THIS SECTION; AND14
(VII) IF APPLICABLE, AND IF THE TRANSIT-ORIENTED COMMUNITY15
SO CHOOSES, EVIDENCE THAT THE TRANSIT-ORIENTED COMMUNITY HAS16
SATISFIED THE REQUIREMENTS OF SUBSECTION (5) OF THIS SECTION.17
(b) T
HE DEPARTMENT SHALL REVIEW A HOUSING OPPORTUNITY18
GOAL REPORT SUBMITTED BY A TRANSIT -ORIENTED COMMUNITY19
PURSUANT TO SUBSECTION (8)(a) OF THIS SECTION AND PROVIDE WRITTEN20
NOTICE THAT EITHER:21
(I) A
PPROVES THE REPORT AND AFFIRMS THAT THE22
TRANSIT-ORIENTED COMMUNITY HAS SATISFIED THE RELEVANT23
REQUIREMENTS OF THIS SECTION AND IS THEREFORE CONSIDERED A24
QUALIFIED TRANSIT-ORIENTED COMMUNITY; OR25
(II) P
ROVIDES DIRECTION FOR AMENDING AND RESUBMITTING THE26
REPORT AND REQUIRES THAT THE TRANSIT -ORIENTED COMMUNITY27
1313
-32- RESUBMIT THE REPORT WITHIN NIN ETY DAYS OF RECEIVING THE WRITTEN1
NOTICE.2
(c) (I) I
F A TRANSIT-ORIENTED COMMUNITY FAILS TO SUBMIT A3
HOUSING OPPORTUNITY GOAL REPORT TO THE DEPARTMENT PURSUANT TO4
SUBSECTION (8)(a) OF THIS SECTION OR FAILS TO SUBMIT AN AMENDED5
HOUSING OPPORTUNITY GOAL REPORT PURSUANT TO SUBSECTION (8)(b)(II)6
OF THIS SECTION , THE DEPARTMENT SHALL PROVIDE THE7
TRANSIT-ORIENTED COMMUNITY WRITTEN NOTICE STATING THAT THE8
TRANSIT-ORIENTED COMMUNITY WILL BE DEEMED A NONQUALIFIED9
TRANSIT-ORIENTED COMMUNITY UNLESS THE TRANSIT -ORIENTED10
COMMUNITY SUBMITS A HOUSING OPPORTUNITY GOAL REPORT OR AN11
AMENDED HOUSING OPPORTUNITY GOAL REPORT TO THE DEPARTMENT12
WITHIN NINETY DAYS OF RECEIVING THE NOTICE .13
(II) I
F A TRANSIT-ORIENTED COMMUNITY DOES NOT SUBMIT A14
HOUSING OPPORTUNITY GOAL REPORT OR AN AMENDED HOUSING15
OPPORTUNITY GOAL REPORT WITHIN NINETY DAYS OF RECEIVING THE16
WRITTEN NOTICE DESCRIBED IN SUBSECTION (8)(c)(I) OF THIS SECTION,17
THE DEPARTMENT SHALL PROVIDE THE TRANSIT -ORIENTED COMMUNITY18
WRITTEN NOTICE THAT IT IS A NONQUALIFIED TRANSIT -ORIENTED19
COMMUNITY.20
(III) I
F THE DEPARTMENT HAS NOT APPROVED A21
TRANSIT-ORIENTED COMMUNITY'S HOUSING OPPORTUNITY GOAL REPORT22
ON OR BEFORE DECEMBER 31, 2027, THE TRANSIT-ORIENTED COMMUNITY23
IS IN NON-COMPLIANCE WITH THIS PART 2, AND THE DEPARTMENT MAY24
SEEK AN INJUNCTION FROM A DISTRICT COURT REQUIRING THE25
TRANSIT-ORIENTED COMMUNITY TO COMPLY WITH THE REQUIREMENTS OF26
THIS PART 2.27
1313
-33- (9) Progress report. (a) E VERY THREE YEARS AFTER SUBMITTING1
A HOUSING OPPORTUNITY GOAL REPORT PURSUANT TO SUBSECTION (8)(a)2
OF THIS SECTION, A TRANSIT-ORIENTED COMMUNITY SHALL SUBMIT A3
PROGRESS REPORT TO THE DEPARTMENT IN A FORM AND MANNER4
DETERMINED BY THE DEPARTMENT THAT CONFIRMS THAT THE5
TRANSIT-ORIENTED COMMUNITY IS STILL MEETING THE REQUIRED6
ELEMENTS OF THE TRANSIT -ORIENTED COMMUNITY 'S HOUSING7
OPPORTUNITY GOAL REPORT REQUIRED PURSUANT TO SUBSECTIONS8
(8)(a)(II)
THROUGH (8)(a)(VI) OF THIS
SECTION. 9
(b) T
HE DEPARTMENT SHALL REVIEW A PROGRESS REPORT10
SUBMITTED BY A TRANSIT -ORIENTED COMMUNITY PURSUANT TO11
SUBSECTION (9)(a) OF THIS SECTION AND PROVIDE WRITTEN NOTICE THAT12
EITHER:13
(I) A
PPROVES THE REPORT AND AFFIRMS THAT THE14
TRANSIT-ORIENTED COMMUNITY HAS SATISFIED THE RELEVANT15
REQUIREMENTS OF THIS SECTION AND IS THEREFORE CONSIDERED A16
QUALIFIED TRANSIT-ORIENTED COMMUNITY; OR17
(II) P
ROVIDES DIRECTION FOR AMENDING AND RESUBMITTING THE18
REPORT AND REQUIRES THAT THE TRANSIT -ORIENTED COMMUNITY19
RESUBMIT THE REPORT WITHIN NIN ETY DAYS OF RECEIVING THE WRITTEN20
NOTICE.21
(c) (I) I
F A TRANSIT-ORIENTED COMMUNITY FAILS TO SUBMIT A22
PROGRESS REPORT TO THE DEPARTMENT PURSUANT TO SUBSECTION (9)(a)23
OF THIS SECTION OR FAILS TO SUBMIT AN AMENDED PROGRESS REPORT24
PURSUANT TO SUBSECTION (9)(b)(II) OF THIS SECTION, THE DEPARTMENT25
SHALL PROVIDE THE TRANSIT-ORIENTED COMMUNITY WRITTEN NOTICE26
STATING THAT THE TRANSIT-ORIENTED COMMUNITY WILL BE DEEMED A27
1313
-34- NONQUALIFIED TRANSIT -ORIENTED COMMUNITY UNLESS THE1
TRANSIT-ORIENTED COMMUNITY SUBMITS A PROGRESS REPORT OR AN2
AMENDED PROGRESS REPORT TO THE DEPARTMENT WITHIN NINETY DAYS3
OF RECEIVING THE NOTICE.4
(II) I
F A TRANSIT-ORIENTED COMMUNITY DOES NOT SUBMIT A5
PROGRESS REPORT OR AN AMENDED PROGRESS REPORT WITHIN NINETY6
DAYS OF RECEIVING THE WRITTEN NOTICE DESCRIBED IN SUBSECTION7
(9)(c)(I)
OF THIS SECTION, THE DEPARTMENT SHALL PROVIDE THE8
TRANSIT-ORIENTED COMMUNITY WRITTEN NOTICE THAT IT IS A9
NONQUALIFIED TRANSIT-ORIENTED COMMUNITY .10
29-35-205. Nonqualified transit-oriented communities11
reporting - highway users tax fund allocation. (1) O
N OR AFTER12
D
ECEMBER 31, 2026, AND EVERY MONTH THEREAFTER DURING WHICH A13
LOCAL GOVERNMENT FIRST QUALIFIES AS EITHER A QUALIFIED14
TRANSIT-ORIENTED COMMUNITY OR A NONQUALIFIED TRANSIT -ORIENTED15
COMMUNITY, THE DEPARTMENT SHALL PROVIDE THE STATE TREASURER16
WITH A LIST OF LOCAL GOVERNMENTS THAT ARE NONQUALIFIED17
TRANSIT-ORIENTED COMMUNITIES.18
(2) N
OTWITHSTANDING ANY LAW TO THE CONTRARY , BEGINNING19
D
ECEMBER 31, 2026, AND EVERY MONTH THEREAFTER , THE STATE20
TREASURER SHALL TRANSFER TO THE TRANSIT -ORIENTED COMMUNITIES21
HIGHWAY USERS TAX ACCOUNT CREATED IN SECTION 29-35-211 (8)(b),22
INSTEAD OF TO THE LOCAL GOVERNMENT ANY MONEY THAT A LOCAL23
GOVERNMENT THAT IS ON THE MOST RECENT LIST PROVIDED TO THE STATE24
TREASURER, PURSUANT TO SUBSECTION (1) OF THIS SECTION, WOULD25
OTHERWISE HAVE BEEN ALLOCATED FROM THE HIGHWAY USERS TAX FUND26
PURSUANT TO SECTIONS 43-4-205 AND 43-4-207 OR SECTIONS 43-4-20527
1313
-35- AND 43-4-208.1
(3) (a) N
OTWITHSTANDING SUBSECTION (2) OF THIS SECTION, THE2
DEPARTMENT MAY NOT EXPEND MONEY FROM THE TRANSIT -ORIENTED3
COMMUNITIES HIGHWAY USERS TAX ACCOUNT CREATED IN SECTION4
29-35-211 (8)(b)
THAT IS ATTRIBUTABLE TO A SPECIFIC NONQUALIFIED5
TRANSIT-ORIENTED COMMUNITY 'S INCLUSION IN THE LIST DESCRIBED IN6
SUBSECTION (1) OF THIS SECTION UNTIL ONE HUNDRED EIGHTY DAYS7
AFTER THE NONQUALIFIED TRANSIT -ORIENTED COMMUNITY HAS FIRST8
APPEARED ON THE
LIST DESCRIBED IN SUBSECTION (1) OF THIS SECTION.9
(b) I
F A LOCAL GOVERNMENT IS NO L ONGER A NONQUALIFIED10
TRANSIT-ORIENTED COMMUNITY WITHIN ONE HUNDRED EIGHTY DAYS11
AFTER THE NONQUALIFIED LOCAL GOVERNMENT FIRST APPEARS ON THE12
LIST DESCRIBED IN SUBSECTION (1) OF THIS SECTION, THE STATE13
TREASURER SHALL ISSUE A WARRANT TO THAT LOCAL GOVERNMENT14
EQUAL TO THE AM OUNT OF MONEY IN THE TRANSIT -ORIENTED15
COMMUNITIES HIGHWAY USERS TAX ACCOUNT CREATED IN SECTION16
29-35-211 (8)(b)
THAT IS ATTRIBUTABLE TO THE LOCAL GOVERNMENT 'S17
INCLUSION ON THE LIST DESCRIBED IN SUBSECTION (1) OF THIS SECTION.18
29-35-206. Criteria for qualification as a transit center -19
criteria for qualification as a transit center outside of a transit area.20
(1) T
O DESIGNATE AN AREA AS A TRANSIT CENTER , A TRANSIT-ORIENTED21
COMMUNITY SHALL:22
(a) E
NSURE THAT THE AREA IS COMPOSED SOLELY OF ZONING23
DISTRICTS THAT UNIFORMLY ALLOW A NET HOUSING DENSITY OF AT LEAST24
FIFTEEN UNITS PER ACRE WITH NO PARCEL OR ZONING DISTRICT BEING25
COUNTED AS ALLOWING A NET HOUSING DENSITY OF MORE THAN
FIVE26
HUNDRED UNITS PER ACRE;27
1313
-36- (b) IDENTIFY A NET HOUSING DENSITY ALLOWED FOR THE AREA OR1
FOR SUBDISTRICTS WITHIN THE AREA . THE IDENTIFIED NET HOUSING2
DENSITY MUST:3
(I) I
NCORPORATE ANY DIMENSIONAL OR OTHER RESTRICTIONS IN4
LOCAL LAWS USED TO REGULATE DENSITY IN THE AREA , INCLUDING BUT5
NOT LIMITED TO RESTRICTIONS RELATED TO UNITS PER ACRE , LOT AREA6
PER UNIT, LOT COVERAGE, SITE LEVEL OPEN SPACE REQUIREMENTS, FLOOR7
AREA RATIOS, SETBACKS, MINIMUM PARKING REQUIREMENTS , AND8
MAXIMUM HEIGHT;9
(II) A
SSUME MINIMUM PARKING REQUIREMENTS ARE MET WITH10
SURFACE PARKING; EXCEPT THAT SEVEN-TENTHS OF PARKING SPACES PER11
DWELLING UNIT MAY BE COUNTED AS STRUCTURED PARKING WITHIN THE12
BUILDING FOOTPRINT; AND13
(III) ASSUME AN AVERAGE HOUSING UNIT SIZE, AS DETERMINED14
BASED ON EITHER THE TYPICAL SIZE OF A MULTIFAMILY HOUSING UNIT15
THAT WAS RECENTLY BUILT IN COLORADO AS ESTABLISHED IN THE16
CENSUS'S AMERICAN HOUSING SURVEY OR THE TYPICAL SIZE OF A17
MULTIFAMILY HOUSING UNIT IN THE TRANSIT-ORIENTED COMMUNITY18
ACCORDING TO LOCAL DATA ; 19
(c) E
XCLUDE ANY AREA WHERE LOCAL LAW EXCLUSIVELY20
RESTRICTS HOUSING OCCUPANCY BASED ON AGE OR OTHER FACTORS ;21
(d) E
STABLISH AN ADMINISTRATIVE APPROVAL PROCESS FOR22
MULTIFAMILY RESIDENTIAL DEVELOPMENT ON PARCELS IN THE AREA THAT23
ARE NO MORE THAN FIVE ACRES IN SIZE. FOR MULTIFAMILY RESIDENTIAL24
DEVELOPMENT APPLICATIONS ON PARCELS GREATER THAN FIVE ACRES IN25
SIZE, A TRANSIT-ORIENTED COMMUNITY SHALL IDENTIFY A TARGET NET26
HOUSING DENSITY FOR THE PARCELS TO COUNT THE PARCELS AS PART OF27
1313
-37- THE TRANSIT CENTER THAT COVERS THE AREA . THIS SUBSECTION (1)(d)1
DOES NOT PREVENT THE ESTABLISHMENT OF DEVELOPER AGREEMENTS2
BETWEEN THE LOCAL GOVERNMENT AND DEVELOPERS .3
(e) E
NSURE THAT THE AREA IS LOCATED WHOLLY OR PARTIALLY4
WITHIN A TRANSIT AREA, AND THAT THE DESIGNATED TRANSIT CENTER IS5
COMPRISED OF PARCELS THAT ARE CONTIGUOUS AND DOES NOT EXTEND6
MORE THAN ONE-QUARTER MILE FROM THE EDGE OF THE TRANSIT AREA .7
(2) N
OTWITHSTANDING SUBSECTION (1)(e) OF THIS SECTION, A8
TRANSIT-ORIENTED COMMUNITY MAY DESIGNATE AN AREA AS A TRANSIT9
CENTER
IN A LOCATION OTHER THAN WHAT IS ALLOWED PURSUANT TO10
SUBSECTION (1)(e) OF THIS SECTION, BY FILING A REQUEST FOR11
LOCATIONAL FLEXIBILITY WITH THE DEPARTMENT , IN A FORM AND12
MANNER DETERMINED BY THE DEPARTMENT , DEMONSTRATING THAT: 13
(a) W
ITHIN THE TRANSIT AREAS IN THE TRANSIT -ORIENTED
14
COMMUNITY, THE TRANSIT-ORIENTED COMMUNITY HAS :15
(I) ADOPTED A PLAN TO ENCOURAGE AND SUPPORT FUTURE16
INVESTMENT AND EXPANSION OF INFRASTRUCTURE TO SERVE17
MULTIFAMILY HOUSING AND ESTABLISHED ZONING CAPACITY THAT IS AS18
HIGH AS PRACTICABLE TO PROVIDE OPPORTUNITIES FOR MULTIFAMILY19
HOUSING; AND20
(II) REMOVED DIMENSIONAL AND OTHER RESTRICTIONS IN LOCAL21
LAWS IN ORDER TO MAXIMIZE FUTURE HOUSING PRODUCTION THAT IS22
REASONABLY EXPECTED TO OCCUR IN THE AREA ; AND23
(b) T
HE AREA THAT THE TRANSIT -ORIENTED COMMUNITY IS24
REQUESTING
LOCATIONAL FLEXIBILITY TO DESIGNATE AS A TRANSIT25
CENTER:26
(I) H
AS A REASONABLE OPPORTUNITY FOR NEW MULTIFAMILY27
1313
-38- HOUSING, INCLUDING PLANNED OR EXISTING INFRASTRUCTURE AND1
PLANNED OR EXISTING MULTIMODAL ACCESS TO A TRANSIT STATION; AND2
(II) I
F DESIGNATED AS A TRANSIT CENTER BY THE3
TRANSIT-ORIENTED COMMUNITY, WOULD PROVIDE BENEFITS
CONSISTENT4
WITH THE PURPOSES OF THIS PART 2 THAT MAY INCLUDE REGULATED5
AFFORDABLE HOUSING, MULTIMODAL MOBILITY , TRANSIT-SUPPORTIVE6
DENSITY TO INCREASE OR EXPAND TRANSIT SERVICE , EXPANDED HOUSING7
ACCESS IN HIGH-OPPORTUNITY AREAS, IMPROVED BALANCE OF HOUSING8
AND JOBS IN THE AREA OR REGION, ACCESSIBLE HOUSING, AND ACCESS TO9
DAILY NEEDS WITHIN A MIXED -USE PEDESTRIAN -ORIENTED10
NEIGHBORHOOD.11
(c) T
HE DEPARTMENT MAY REVIEW A TRANSIT -ORIENTED12
COMMUNITY'S REQUEST TO DESIGNATE AN AREA AS A TRANSIT CENTER13
PURSUANT TO THIS SUBSECTION (2) AND APPROVE OR DENY THE REQUEST14
BASED ON CONSISTENCY WITH THE GOALS IN SUBSECTION (2)(b)(II) OF15
THIS SECTION.16
29-35-207. Criteria for qualification as a neighborhood center.17
(1) (a) T
O DESIGNATE AN AREA AS A NEIGHBORHOOD CENTER , A LOCAL18
GOVERNMENT IN A METROPOLITAN PLANNING ORGANIZATION SHALL , IN19
ACCORDANCE WITH POLICIES AND PROCEDURES ADOPTED BY THE20
DEPARTMENT:21
(I) E
NSURE THAT THE AREA ALLOWS
A NET HOUSING DENSITY TO22
BE ESTABLISHED BY THE DEPARTMENT THAT SUPPORTS23
PEDESTRIAN-ORIENTED MIXED-USE NEIGHBORHOODS, THE DEVELOPMENT24
OF REGULATED AFFORDABLE HOUSING , AND INCREASED PUBLIC TRANSIT25
RIDERSHIP;26
(II) E
STABLISH AN ADMINISTRATIVE APPROVAL PROCESS FOR27
1313
-39- MULTIFAMILY RESIDENTIAL DEVELOPMENT ON PARCELS IN THE AREA THAT1
ARE NO LARGER THAN A SIZE DETERMINED BY THE DEPARTMENT ;2
(III) E
NSURE THAT THE AREA HAS A MIXED -USE3
PEDESTRIAN-ORIENTED NEIGHBORHOOD , AS DETERMINED BY CRITERIA4
ESTABLISHED BY THE DEPARTMENT ; AND5
(IV) S
ATISFY ANY OTHER CRITERIA , AS DETERMINED BY THE6
DEPARTMENT, AND AS MAY VARY BY REGIONAL CONTEXT , FOR THE7
QUALIFICATION OF AN AREA AS A NEIGHBORHOOD CENTER .8
(b) N
OTWITHSTANDING THE REQUIREMENTS FOR A LOCAL9
GOVERNMENT DESIGNATING AN AREA AS A NEIGHBORHOOD CENTER10
PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION, THE DEPARTMENT11
SHALL ESTABLISH SEPARATE REQUIREMENTS FOR LOCAL GOVERNMENTS12
DESIGNATING AREAS WITHIN OPTIONAL TRANSIT AREAS IDENTIFIED BY THE13
DEPARTMENT PURSUANT TO SECTION 29-35-208 (1)(c).14
(2) I
F A LOCAL GOVERNMENT DESIGNATES AN AREA AS A15
NEIGHBORHOOD CENTER PURSUANT TO SUBSECTION (1) OF THIS SECTION,16
THE LOCAL GOVERNMENT SHALL SUBMIT A NEIGHBORHOOD CENTER17
REPORT TO THE DEPARTMENT IN A FORM AND MANNER DETERMINED BY18
THE DEPARTMENT.19
29-35-208. Transit areas map - housing opportunity goals,20
models, and guidance. (1) Transit areas map. (a) O
N OR BEFORE JULY21
31,
2024, THE DEPARTMENT, IN CONSULTATION WITH METROPOLITAN22
PLANNING ORGANIZATIONS , AND TRANSIT AGENCIES THAT OPERATE23
WITHIN METROPOLITAN PLANNING OR GANIZATIONS , SHALL PUBLISH A MAP24
THAT DESIGNATES TRANSIT AREAS TO BE USED BY TRANSIT -ORIENTED25
COMMUNITIES IN CALCULATING HOUSING OPPORTUNITY GOALS .26
(b) I
N PUBLISHING THE MAP DESCRIBED IN SUBSECTION (1)(a) OF27
1313
-40- THIS SECTION, THE DEPARTMENT SHALL DESIGNATE TRANSIT AREAS BASED1
ON:2
(I) A
N URBAN BUS RAPID TRANSIT SERVICE OR COMMUTER BUS3
RAPID TRANSIT SERVICE THAT IS IDENTIFIED
WITHIN:4
(A) A METROPOLITAN PLANNING OR GANIZATION'S5
FISCALLY-CONSTRAINED LONG RANGE TRANSPORTATION PLAN ADOPTED6
PRIOR TO JANUARY 1, 2024, AND PLANNED FOR IMPLEMENTATION,7
ACCORDING TO THAT PLAN, PRIOR TO JANUARY 1, 2030; OR8
(B) THE TRANSIT MASTER PLAN OF A TRANSIT AGENCY PLANNED9
FOR SHORT-TERM IMPLEMENTATION, ACCORDING TO THAT PLAN;".10
(II) A PLAN FOR TRANSIT SERVICE THAT:11
(A) HAS BEEN APPROVED BY THE GOVERNING BODY OF A TRANSIT12
AGENCY AFTER JANUARY 1, 2019, AND ON OR BEFORE JANUARY 1, 2024;13
(B) IDENTIFIES THE FREQUENCY OF TRANSIT SERVICE ON SPECIFIC14
TRANSIT ROUTES; AND15
(C) IDENTIFIES ROUTES IN SUBSECTION (1)(b)(II)(B) OF THIS16
SECTION FOR SHORT-TERM IMPLEMENTATION OR IMPLEMENTATION BEFORE17
JANUARY 1, 2030; OR18
(III) I
F THE INFORMATION IN SUBSECTIONS (1)(b)(I) AND (1)(b)(II)19
OF THIS SECTION IS NOT AVAILABLE TO THE DEPARTMENT , EXISTING20
TRANSIT SERVICE LEVELS AS OF JANUARY 1, 2024.21
(c) I
N PUBLISHING THE MAP DESCRIBED IN SUBSECTION (1)(a) OF22
THIS SECTION, THE DEPARTMENT SHALL DESIGNATE THE FOLLOWING23
OPTIONAL TRANSIT AREAS FOR PLANNING OF FUTURE TRANSIT SERVICE :24
(I) T
RANSIT AREAS BASED ON BUS RAPID TRANSIT SERVICES THAT25
ARE IDENTIFIED WITHIN A METROPOLITAN PLANNING ORGANIZATION 'S26
FISCALLY-CONSTRAINED LONG-RANGE TRANSPORTATION PLAN ADOPTED27
1313
-41- PRIOR TO JANUARY 1, 2024, AND INTENDED FOR IMPLEMENTATION AFTER1
J
ANUARY 1, 2030, AND BEFORE DECEMBER 31, 2050;2
(II) T
RANSIT AREAS BASED ON BUS RAPID TRANSIT SERVICES THAT3
ARE IDENTIFIED WITHIN A METROPOLITAN PLANNING ORGANIZATION 'S4
LONG-RANGE TRANSPORTATION PLAN ADOPTED PRIOR TO JANUARY 1,5
2024,
THAT ARE INTENDED FOR IMPLEMENTATION BEFORE JANUARY 1,6
2030,
AND THAT ARE WITHIN A TRANSIT-ORIENTED COMMUNITY THAT HAS7
DESIGNATED TWENTY PERCENT OR MORE OF ITS AREA AS MANUFACTURED8
HOME ZONING DISTRICTS AS OF JANUARY 1, 2024; AND9
(III) O
THER AREAS AS DETERMINED BY THE DEPARTMENT10
THROUGH REGULAR UPDATES .11
(d) I
N IDENTIFYING THE BOUNDARIES OF TRANSIT AREAS AND12
OPTIONAL TRANSIT AREAS, THE DEPARTMENT SHALL USE:13
(I) G
EOSPATIAL DATA FROM RELEVANT TRANSIT AGENCIES AND14
METROPOLITAN PLANNING ORGANIZATIONS ; AND15
(II) R
OADWAY LOCATIONS BASED UPON THE CENTERLINE OF THE16
ROADWAY.17
(2) Housing opportunity goals, models, and guidance. O
N OR18
BEFORE DECEMBER 1, 2024, THE DEPARTMENT SHALL PUBLISH MODELS19
AND GUIDANCE TO ASSIST LOCAL GOVERNMENTS IN MEETING THEIR20
HOUSING OPPORTUNITY GOALS AND IN CALCULATING THE DENSITY AND21
DIMENSIONAL STANDARDS ESTABLISHED IN SECTION 29-35-206
(1)(b),22
INCLUDING MODELS AND GUIDANCE FOR LOCAL GOVERNMENTS WITH23
FORM-BASED CODES.24
29-35-209. Standard affordability strategies menu - long-term25
affordability strategies menu - alternative affordability strategies -26
impact fees. (1) Standard affordability strategies menu. O N OR27
1313
-42- BEFORE JUNE 30, 2025, THE DEPARTMENT SHALL DEVELOP A STANDARD1
AFFORDABILITY STRATEGIES MENU FOR TRANSIT -ORIENTED COMMUNITIES2
AND SHALL UPDATE THIS MENU AS NECESSARY. THE MENU MUST INCLUDE:3
THE FOLLOWING STRATEGIES:4
(a) I
MPLEMENTING A LOCAL INCLUSIONARY ZONING ORDI NANCE5
THAT
ACCOUNTS FOR LOCAL HOUSING MARKET CONDITIONS , IS CRAFTED6
TO MAXIMIZE REGULATED AFFORDABLE HOUSING PRODUCTION BY7
LEVERAGING PUBLIC RESOURCES, AND COMPLIES WITH THE REQUIREMENTS8
OF SECTION 29-20-104 (1)(e.5) AND (1)(e.7);9
(b) A
DOPTING A LOCAL LAW OR PLAN TO LEVERAGE PUBLICLY10
OWNED, SOLD, OR MANAGED LAND FOR REGULATED AFFORDABLE HOUSING11
DEVELOPMENT;12
(c) C
REATING OR SIGNIFICANTLY EXPANDING A PROGRAM TO13
SUBSIDIZE OR OTHERWISE REDUCE IMPACT FEES OR OTHER SIMILAR14
DEVELOPMENT CHARGES FOR REGULATED AFFORDABLE HOUSING15
DEVELOPMENT;16
(d) E
STABLISHING A DENSITY BONUS PROGRAM FOR TRANSIT17
CENTERS THAT GRANTS INCREASED FLOOR AREA RATIO , DENSITY, OR18
HEIGHT FOR REGULATED AFFORDABLE HOUSING UNITS ;19
(e) C
REATING A PROGRAM TO PRIORITIZE AND EXPEDITE20
DEVELOPMENT APPROVALS FOR REGULATED AFFORDABLE HOUSING21
DEVELOPMENT;22
(f) R
EDUCING LOCAL PARKING REQUIREMENTS FOR REGULATED23
AFFORDABLE HOUSING TO ONE -HALF SPACE PER UNIT OF REGULATED24
AFFORDABLE HOUSING, WITHOUT LOWERING THE PROTECTIONS PROVIDED25
FOR INDIVIDUALS WITH DISABILITIES, INCLUDING THE NUMBER OF PARKING26
SPACES FOR INDIVIDUALS WHO ARE MOBILITY IMPAIRED , UNDER THE27
1313
-43- FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC.1
12101
ET SEQ., AND PARTS 6 AND 8 OF ARTICLE 34 OF TITLE 24; EXCEPT2
THAT, UPON THE PASSAGE OF HOUSE BILL 24-1304, THIS SUBSECTION3
(1)(f)
SHALL NOT BE IDENTIFIED BY A TRANSIT-ORIENTED COMMUNITY AS4
AN AFFORDABILITY STRATEGY THAT SATISFIES THE REQUIREMENTS OF5
29-35-204 (6)(b)(I)(A);6
(g) E
NACTING LOCAL LAWS THAT INCENTIVIZE THE CONSTRUCTION7
OF ACCESSIBLE AND VISITABLE
REGULATED AFFORDABLE HOUSING UNITS ;8
AND9
(h) A
NY OTHER STRATEGY DESIGNATED BY THE DEPARTMENT10
THAT OFFERS A COMPARABLE IMPACT ON LOCAL HOUSING AFFORDABILITY .11
(2) Long-term affordability strategies menu. O
N OR BEFORE12
J
UNE 30, 2025, THE DEPARTMENT SHALL DEVELOP A LONG -TERM13
AFFORDABILITY STRATEGIES MENU
AND SHALL UPDATE THIS MENU AS14
NECESSARY. THE MENU MUST INCLUDE THE FOLLOWING STRATEGIES :15
(a) E
STABLISHING A DEDICATED LOCAL REVENUE SOURCE FOR16
REGULATED AFFORDABLE HOUSING DEVELOPMENT , SUCH AS INSTITUTING17
A LINKAGE FEE ON
MARKET RATE HOUSING DEVELOPMENT TO SUPPORT18
NEW REGULATED AFFORDABLE HOUSING DEVELOPMENTS ;19
(b) R
EGULATING SHORT-TERM RENTALS, SECOND HOMES, OR20
OTHER UNDERUTILIZED OR VACANT UNITS IN A WAY , SUCH AS VACANCY21
FEES FOR UNDERUTILIZED UNITS, THAT PROMOTES MAXIMIZING THE USE OF22
LOCAL HOUSING STOCK FOR LOCAL HOUSING NEEDS ;23
(c) M
AKING A COMMITMENT TO AND REMAINING ELIGIBLE TO24
RECEIVE FUNDING PURSUANT TO ARTICLE 32 OF THIS TITLE 29;25
(d) I
NCENTIVIZING OR CREATING A DEDICATED LOCAL PROGRAM26
THAT FACILITATES INVESTMENT IN LAND BANKING OR COMMUNITY LAND27
1313
-44- TRUSTS;1
(e) E
STABLISHING AN AFFORDABLE HOMEOWNERSHIP STRATEGY2
SUCH AS:3
(I) A
CQUIRING OR PRESERVING DEED RESTRICTIONS ON CURRENT4
HOUSING UNITS;5
(II) E
STABLISHING AN INCENTIVE PROGRAM TO ENCOURAGE6
REALTORS TO WORK WITH LOW -INCOME AND MINORITY PROSPECTIVE7
HOME BUYERS;
8
(III) E
STABLISHING AN AFFORDABLE RENT -TO-OWN PROGRAM;
OR9
(IV) INCENTIVIZING AFFORDABLE CONDOMINIUM DEVELOPMENTS ;10
AND11
(f) A
NY OTHER STRATEGY DESIGNATED BY THE DEPARTMENT THAT12
OFFERS A COMPARABLE IMPACT ON LOCAL HOUSING AFFORDABILITY .13
(3) Alternative affordability strategies. A
TRANSIT-ORIENTED14
COMMUNITY MAY SUBMIT AN EXISTING OR PROPOSED LOCAL
LAW OR15
PROGRAM, IN A FORM AND MANNER DETERMINED BY THE DEPARTMENT , TO16
THE DEPARTMENT, AND THE DEPARTMENT MAY DETERMINE THAT THE17
ADOPTION OF THAT LOCAL LAW OR PROGRAM QUALIFIES AS AN18
AFFORDABILITY STRATEGY FOR PURPOSES OF SECTION 29-35-204 (6)(a)19
AND (6)(b), SO LONG AS THE LOCAL LAW OR PROGRAM SUPPORTS EQUAL20
OR GREATER OPPORTUNITY FOR REGULATED AFFORDABLE HOUSING AND21
ACCESSIBLE UNITS THAN THE STRATEGIES DESCRIBED IN SUBSECTIONS (1)22
AND (2) OF THIS SECTION.23
(4) Impact fees. NOTHING IN THIS SECTION INTERFERES WITH A24
LOCAL GOVERNMENT 'S AUTHORITY TO SET AND COLLECT IMPACT FEES .25
29-35-210. Displacement risk assessment - displacement26
mitigation strategies menu - displacement mitigation strategies menu27
1313
-45- goals - alternative displacement mitigation strategies. (1) ON OR1
BEFORE JUNE 30, 2025, THE DEPARTMENT SHALL CONDUCT AN2
ASSESSMENT THAT INCLUDES RECOMMENDATIONS IDENTIFYING THE3
RESOURCES NECESSARY TO IMPLEMENT THE DISPLACEMENT MITIGATION4
STRATEGIES IN THE DISPLACEMENT RISK MITIGATION STRATEGIES MENU5
DESCRIBED IN SUBSECTION (3) OF THIS SECTION. THE ASSESSMENT MUST6
IDENTIFY:7
(a) APPROPRIATE LOCAL, REGIONAL, OR NONPROFIT ENTITIES TO8
ASSIST RESIDENTS AT ELEVATED RISK OF DISPLACEMENT, WITH A FOCUS ON9
RESIDENTS IN LOCAL GOVERNMENTS THAT HAVE A SMALLER POPULATION10
AND FEWER FINANCIAL RESOURCES THAN OTHER LOCAL GOVERNMENTS11
WITHIN THE SAME METROPOLITAN PLANNING ORGANIZATION ; AND12
(b) APPROPRIATE SOURCES OF FINANCIAL AND OTHER RESOURCES13
TO IMPLEMENT THE DISPLACEMENT MITIGATION STRATEGIES IN THE14
DISPLACEMENT RISK MITIGATION STRATEGIES MENU DESCRIBED IN15
SUBSECTION (3) OF THIS SECTION, WHILE TAKING INTO ACCOUNT REGIONAL16
DISPARITIES IN RESOURCES.17
(2) (a) NO LATER THAN JUNE 30, 2025, THE DEPARTMENT SHALL18
DEVELOP GUIDANCE FOR TRANSIT -ORIENTED COMMUNITIES IN19
CONDUCTING A DISPLACEMENT RISK ASSESSMENT AND IMPLEMENTING20
DISPLACEMENT MITIGATION STRATEGIES . THE DEPARTMENT SHALL21
UPDATE THIS GUIDANCE AS NECESSARY .22
(b) I
N CREATING GUIDANCE FOR THE DISPLACEMENT RISK23
ASSESSMENT DESCRIBED IN SUBSECTION
(2)(a) OF THIS SECTION, THE24
DEPARTMENT SHALL DEVELOP A METHODOLOGY , WITH VARIATIONS FOR25
DIFFERENT LOCAL CONTEXTS INCLUDING THE SIZE AND RESOURCE LEVELS26
OF LOCAL GOVERNMENTS , FOR TRANSIT-ORIENTED COMMUNITIES WITHIN27
1313
-46- METROPOLITAN PLANNING ORGANIZATION BOUNDARIES TO USE TO :1
(I) G
ATHER FEEDBACK THROUGH COMMUNITY ENGAGEMENT ; AND2
(II) I
DENTIFY INFORMATION FROM NEIGHBORHOOD -LEVEL EARLY3
DISPLACEMENT WARNING AND RESPONSE SYSTEMS , OR IF THOSE SYSTEMS4
ARE UNAVAILABLE, IDENTIFY THE BEST AVAILABLE LOCAL , REGIONAL,5
STATE, OR FEDERAL DATA THAT CAN BE ANALYZED TO IDENTIFY6
RESIDENTS AT ELEVATED DISPLACEMENT RISK , WHICH MAY INCLUDE:7
(A) T
HE PERCENTAGE OF HOUSEHOLDS THAT ARE EXTREMELY8
LOW-INCOME, VERY LOW-INCOME, AND LOW-INCOME, AS DESIGNATED BY9
THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN10
DEVELOPMENT;11
(B) T
HE PERCENTAGE OF RESIDENTS WHO ARE
HOUSEHOLDS;12
(C) T
HE PERCENTAGE OF COST-BURDENED HOUSEHOLDS , DEFINED13
AS HOUSEHOLDS THAT SPEND MORE THAN THIRTY PERCENT OF THE14
HOUSEHOLD'S INCOME ON HOUSING NEEDS;15
(D) T
HE NUMBER OF ADULTS WHO ARE TWENTY -FIVE YEARS OF16
AGE OR OLDER AND HAVE NOT EARNED AT LEAST A HIGH SCHOOL17
DIPLOMA;18
(E) T
HE PERCENTAGE OF HOUSEHOLDS IN WHICH ENGLISH IS NOT19
THE PRIMARY SPOKEN LANGUAGE ;20
(F) T
HE PERCENTAGE OF HOUSING STOCK BUILT PRIOR TO 1970;21
(G) T
HE LOCATION OF MANUFACTURED HOME PARKS ;22
(H) A
REAS THAT QUALIFY AS DISADVANTAGED AS DETERMINED23
WITH THE CLIMATE AND ECONOMIC JUSTICE SCREENING TOOL DEVELOPED24
BY THE COUNCIL ON ENVIRONMENTAL QUALITY IN THE OFFICE OF THE25
PRESIDENT OF THE UNITED STATES; AND26
(I) T
HE TRANSIT-ORIENTED COMMINUTES WHERE INCREASES IN27
1313
-47- ZONING CAPACITY WILL OCCUR AS A RESULT OF THE REQUIREMENTS OF1
THIS PART 2.2
(3) ON OR BEFORE JUNE 30, 2025, THE DEPARTMENT SHALL3
DEVELOP A DISPLACEMENT RISK MITIGATION STRATEGIES MENU AND4
SHALL UPDATE THIS MENU AS NECESSARY. THE MENU MUST INCLUDE THE5
FOLLOWING STRATEGIES:6
(a) D
ESIGNATING TRANSIT CENTERS THAT INCLUDE HIGH INCOME7
CENSUS TRACTS IN THE TRANSIT-ORIENTED COMMUNITY ;8
(b) C
REATING A LOCALLY FUNDED AND ADMINISTERED RENTAL9
AND MORTGAGE ASSISTANCE PROGRAM ;10
(c) C
REATING AN EVICTION AND FORECLOSURE NO -COST LEGAL11
REPRESENTATION PROGRAM ;12
(d) E
STABLISHING A HOUSING COUNSELING AND NAVIGATION13
PROGRAM;14
(e) C
REATING A PROPERTY TAX AND DOWN PAYMENT ASSISTANCE15
PROGRAM;16
(f) D
EVELOPING A PROGRAM TO OFFER TECHNICAL ASSISTANCE17
AND FINANCIAL SUPPORT FOR COMMUNITY ORGANIZATIONS TO DEVELOP18
INDEPENDENT COMMUNITY LAND TRUSTS ;19
(g) P
RIORITIZING LOCAL MONEY TOWARD REGULATED20
AFFORDABLE HOUSING UNIT PRESERVATION OR IMPLEMENTING OR21
CONTINUING DEED RESTRICTIONS FOR AFFORDABLE HOUSING UNITS ;22
(h) I
DENTIFYING PARTNERSHIPS WITH REGIONAL AND NON -PROFIT23
ENTITIES TO IMPLEMENT STRATEGIES; AND24
(i) O
THER STRATEGIES IDENTIFIED BY THE DEPARTMENT THAT25
PROVIDE DISPLACEMENT MITIGATION EQUIVALENT TO THE OTHER26
STRATEGIES DESCRIBED IN THIS SUBSECTION
(3).27
1313
-48- (4) IN DEVELOPING THE DISPLACEMENT RISK MITIGATION1
STRATEGIES MENU DESCRIBED IN SUBSECTION (3). OF THIS SECTION, THE2
DEPARTMENT'S GOALS MUST BE TO SUPPORT:3
(a) R
ESOURCES, SERVICES, AND INVESTMENTS THAT SERVE4
VULNERABLE HOMEOWNERS AND RENTERS WITH ELEVATED RISK OF5
DISPLACEMENT;6
(b) T
HE PRESERVATION OF REGULATED AFFORDABLE HOUSING7
STOCK;8
(c) L
OCAL GOVERNMENT PLANNING AND LAND USE DECISIONS9
THAT INCORPORATE INCLUSIVE AND EQUITABLE DISPLACEMENT10
MITIGATION STRATEGIES, AND THE EMPOWERMENT OF LOW -INCOME11
PERSONS AND COMMUNITIES OF COLOR TO PARTICIPATE IN THOSE12
DECISIONS; AND13
(d) T
HE ABILITY OF VULNERABLE RESIDENTS TO REMAIN IN OR14
RETURN TO THEIR NEIGHBORHOODS OR COMMUNITIES BY ACCESSING NEW15
AFFORDABLE HOUSING OPPORTUNITIES IN THEIR NEIGHBORHOODS OR16
COMMUNITIES.17
29-35-211. Transit-oriented communities infrastructure grant18
program - transit-oriented communities infrastructure fund -19
transit-oriented communities highway users tax account - definitions.20
(1) Grant program created. T
HE TRANSIT-ORIENTED COMMUNITIES21
INFRASTRUCTURE GRANT PROGRAM IS CREATED IN THE DEPARTMENT . THE22
PURPOSE OF THE GRANT PROGRAM IS TO ASSIST LOCAL GOVERNMENTS IN23
UPGRADING INFRASTRUCTURE AND SUPPORTING REGULATED AFFORDABLE24
HOUSING IN TRANSIT CENTERS AND NEIGHBORHOOD CENTERS .25
(2) Allowable purposes. G
RANT RECIPIENTS MAY USE MONEY26
RECEIVED THROUGH THE GRANT PROGRAM TO FUND :27
1313
-49- (a) ON-SITE INFRASTRUCTURE FOR AFFORDABLE HOUSING,1
INCLUDING REGULATED AFFORDABLE HOUSING , WITHIN A TRANSIT CENTER2
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
6
AFFORDABLE HOUSING, INCLUDING REGULATED AFFORDABLE HOUSING , IN7
A TRANSIT CENTER OR NEIGHBORHOOD CENTER ;8
(d) A
CTIVITIES RELATED TO DETERMINING WHERE AND HOW BEST9
TO IMPROVE INFRASTRUCTURE TO SUPPORT A TRANSIT CENTER OR10
NEIGHBORHOOD CENTER ; AND11
(e) I
NFRASTRUCTURE PROJECT DELIVERY , PLANNING, AND12
COMMUNITY ENGAGEMENT .13
(3) Grant program administration. T
HE DEPARTMENT SHALL14
ADMINISTER THE GRANT PROGRAM AND , SUBJECT TO AVAILABLE15
APPROPRIATIONS, AWARD GRANTS AS PROVIDED IN SUBSECTION (7) OF THIS16
SECTION AND PROVIDE TECHNICAL ASSISTANCE TO LOCAL GOVERNMENTS17
IN COMPLYING WITH THE REQUIREMENTS OF THIS PART 2. SUBJECT TO18
SECTION 18 OF ARTICLE X OF THE STATE CONSTITUTION, WHICH REQUIRES19
THE PROCEEDS OF MOTOR FUEL TAXES AND MOTOR VEHICLE LICENSING20
AND REGISTRATION FEES AND OTHER CHARGES TO BE USED EXCLUSIVELY21
FOR THE CONSTRUCTION, MAINTENANCE, AND SUPERVISION OF PUBLIC22
HIGHWAYS, GRANTS AWARDED BY THE DEPARTMENT FOR THE PURPOSES23
DESCRIBED IN SUBSECTIONS (2)(c), (2)(d), AND (2)(e) OF THIS SECTION24
MAY BE PAID OUT OF THE FUND , INCLUDING OUT OF THE ACCOUNT .25
G
RANTS AWARDED BY THE DEPARTMENT FOR THE PURPOSES DESCRIBED26
IN SUBSECTIONS (2)(a) AND (2)(b) OF THIS SECTION MAY BE PAID OUT OF27
1313
-50- MONEY IN THE FUND AND NOT IN THE ACCOUNT AND SHALL NOT BE PAID1
OUT OF THE ACCOUNT.2
(4) Grant program policies and procedures. T
HE DEPARTMENT3
SHALL IMPLEMENT THE GRANT PROGRAM IN ACCORDANCE WITH THIS4
SECTION. THE DEPARTMENT SHALL DEVELOP POLICIES AND PROCEDURES5
AS NECESSARY TO IMPLEMENT THE GRANT PROGRAM .6
(5) Grant application. T
O RECEIVE A GRANT , A LOCAL7
GOVERNMENT MUST SUBMIT AN APPLICATION TO THE DEPARTMENT IN8
ACCORDANCE WITH POLICIES AND PROCEDURES DEVELOPED BY THE9
DEPARTMENT.
A TRANSIT-ORIENTED COMMUNITY MAY ONLY SUBMIT AN10
APPLICATION TO THE DEPARTMENT AFTER THE DEPARTMENT HAS11
APPROVED THE TRANSIT-ORIENTED COMMUNITY'S HOUSING OPPORTUNITY12
GOAL REPORT PURSUANT TO SECTION 29-35-204 (8).13
(6) Grant program criteria. T
HE DEPARTMENT SHALL REVIEW14
THE APPLICATIONS RECEIVED PURSUANT TO THIS SECTION . IN AWARDING15
GRANTS, THE DEPARTMENT SHALL CONSIDER THE FOLLOWING CRITERIA :16
(a) T
HE POTENTIAL IMPACT OF A PROJECT THAT A LOCAL17
GOVERNMENT WOULD F UND WITH A GRANT AWARD ON THE DEVELOPMENT18
OF REGULATED AFFORDABLE HOUSING , MIXED-USE DEVELOPMENT ,19
ACCESSIBLE OR VISITABLE HOUSING UNITS , OR THE CREATION OR20
ENHANCEMENT OF HOME OWNERSHIP OPPORTUNITIES WITHIN A TRANSIT21
CENTER OR NEIGHBORHOOD CENTER ;22
(b) I
N RESPONSE TO DEMONSTRATED NEEDS , THE EXTENT TO23
WHICH THE LOCAL GOVERNMENT HAS :24
(I) I
NTEGRATED MIXED -USE DEVELOPMENT BY ALLOWING25
NEIGHBORHOOD COMMERCIAL USES THAT HAVE THE MAIN PURPOSE OF26
MEETING CONSUMER DEMANDS FOR GOODS AND SERVICES WITH AN27
1313
-51- EMPHASIS ON SERVING THE SURROUNDING RESIDENTIAL NEIGHBORHOOD1
WITHIN ONE-QUARTER MILE OF A TRANSIT CENTER OR NEIGHBORHOOD2
CENTER;3
(II) A
DOPTED AFFORDABILITY STRATEGIES FROM THE4
AFFORDABILITY STRATEGIES MENUS IN SECTION 29-35-209 BASED ON THE5
LOCAL GOVERNMENT 'S DEMONSTRATED HOUSING NEEDS , INCLUDING6
HOUSING NEEDS FOR RENTAL AND FOR -SALE HOUSING AND FOR LOW -,7
MODERATE-, AND MEDIUM-INCOME HOUSEHOLDS, AS DESIGNATED BY THE8
U
NITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT,9
AND PERMANENT SUPPORTIVE HOUSING ;10
(III) A
DOPTED DISPLACEMENT MITIGATION STRATEGIES FROM THE11
DISPLACEMENT MITIGATION STRATEGIES MENU IN SECTION 29-35-210; AND12
(IV) D
ESIGNATED NEIGHBORHOOD CENTERS WITHIN OPTIONAL13
TRANSIT AREAS; AND14
(c) I
NFORMATION CONTAINED IN THE REPORTS SUBMITTED BY A15
LOCAL GOVERNMENT PURSUANT TO SECTION 29-35-204 THAT PROVIDES16
EVIDENCE THAT THE LOCAL GOVERNMENT HAS MET THE REQUIREMENTS17
OF SECTION 29-35-204.18
(7) Grant awards. S
UBJECT TO AVAILABLE APPROPRIATIONS , THE19
DEPARTMENT SHALL AWARD GRANTS USING MONEY IN THE ACCOUNT AS20
PROVIDED IN THIS SECTION.21
(8) Transit-oriented communities infrastructure fund.22
(a) (I) T
HE TRANSIT-ORIENTED COMMUNITIES INFRASTRUCTURE FUND IS23
CREATED IN THE STATE TREASURY . THE FUND CONSISTS OF MONEY24
TRANSFERRED TO THE FUND PURSUANT TO SUBSECTION (8)(a)(III) OF THIS25
SECTION, GIFTS, GRANTS, AND DONATIONS, AND ANY OTHER MONEY THAT26
THE GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER TO THE FUND .27
1313
-52- THE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED1
FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO THE2
FUND.3
(II) M
ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE4
DEPARTMENT FOR THE PURPOSE OF IMPLEMENTING THE GRANT PROGRAM ,5
AND THE DEPARTMENT MAY EXPEND UP TO SIX PERCENT OF ANY MONEY6
IN THE FUND, EXCLUSIVE OF MONEY IN THE ACCOUNT , FOR COSTS7
INCURRED BY THE DEPARTMENT IN ADMINISTERING THE GRANT PROGRAM .8
(III) O
N JULY 1, 2024, THE STATE TREASURER SHALL TRANSFER9
THIRTY-FIVE MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND .10
(b) (I) T
HE TRANSIT-ORIENTED COMMUNITIES HIGHWAY USERS TAX11
ACCOUNT IS CREATED IN THE FUND . THE ACCOUNT CONSISTS OF GIFTS,12
GRANTS, AND DONATIONS , MONEY THAT THE STATE TREASURER13
TRANSFERS TO THE FUND PURSUANT TO SECTION 29-35-205 (2), AND ANY14
OTHER MONEY THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR15
TRANSFER TO THE ACCOUNT . THE STATE TREASURER SHALL CREDIT ALL16
INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF17
MONEY IN
THE TRANSIT-ORIENTED COMMUNITIES HIGHWAY USERS TAX18
ACCOUNT TO THE TRANSIT-ORIENTED COMMUNITIES HIGHWAY USERS TAX19
ACCOUNT.20
(II) M
ONEY IN THE ACCOUNT IS CONTINUOUSLY APPROPRIATED TO21
THE DEPARTMENT FOR AWARDING GRANTS FOR PURPOSES DESCRIBED IN22
SUBSECTIONS (2)(c), (2)(d), AND (2)(e) OF THIS SECTION, AND THE23
DEPARTMENT MAY EXPEND UP TO SIX PERCENT OF ANY MONEY24
APPROPRIATED OR TRANSFERRED BY THE GENERAL ASSEMBLY TO THE25
ACCOUNT PURSUANT TO THIS SUBSECTION (8)(b) FOR THE26
ADMINISTRATIVE COSTS INCURRED BY THE DEPARTMENT IN AWARDING27
1313
-53- GRANTS FOR SUCH PURPOSES.1
(III) N
OTWITHSTANDING SUBSECTION (8)(b)(II) OF THIS SECTION,2
THE DEPARTMENT SHALL COMPLY WITH THE REQUIREMENTS OF SECTION3
29-35-205
(3) IN EXPENDING MONEY IN THE ACCOUNT .4
(9) Reporting. (a) O
N OR BEFORE JANUARY 1, 2025, AND EACH5
J
ANUARY 1 THEREAFTER FOR THE DURATION OF THE GRANT PROGRAM , THE6
DEPARTMENT SHALL SUBMIT A SUMMARIZED REPORT TO THE HOUSE OF7
REPRESENTATIVES TRANSPORTATION , HOUSING, AND LOCAL GOVERNMENT8
COMMITTEE AND THE SENATE LOCAL GOVERNMENT AND HOUSING9
COMMITTEE, OR THEIR SUCCESSOR COMMITTEES , ON RELEVANT10
INFORMATION REGARDING THE GRANT PROGRAM .11
(b) N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE12
REPORTING REQUIREMENTS SET FORTH IN THIS SECTION CONTINUE UNTIL13
ALL GRANT PROGRAM MONEY IS FULLY EXPENDED .14
(10) Definitions. A
S USED IN THIS SECTION, UNLESS THE CONTEXT15
OTHERWISE REQUIRES:16
(a) "A
CCOUNT" MEANS THE TRANSIT-ORIENTED COMMUNITIES17
HIGHWAY USERS TAX ACCOUNT CREATED WITHIN THE FUND IN SUBSECTION18
(8)(b)
OF THIS SECTION.19
(b) "F
UND" MEANS THE TRANSIT -ORIENTED COMMUNITIES20
INFRASTRUCTURE FUND CREATED IN SUBSECTION (8)(a) OF THIS SECTION.21
(c) "G
RANT PROGRAM " MEANS THE TRANSIT -ORIENTED22
COMMUNITIES INFRASTRUCTURE GRANT PROGRAM CREATED IN THIS23
SECTION.24
SECTION 2. In Colorado Revised Statutes, 24-67-105, add (5.5)25
as follows:26
24-67-105. Standards and conditions for planned unit27
1313
-54- development - definitions. (5.5) (a) A NY PLANNED UNIT DEVELOPMENT1
RESOLUTION OR ORDINANCE THAT APPLIES WITHIN A TRANSIT CENTER OR2
NEIGHBORHOOD CENTER THAT IS ADOPTED OR APPROVED BY A LOCAL3
GOVERNMENT ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION4
(5.5)
MUST NOT RESTRICT THE DEVELOPMENT OF HOUSING IN ANY MANNER5
THAT IS INCONSISTENT WITH THE REQUIREMENTS FOR DESIGNATING AN6
AREA AS A TRANSIT CENTER PURSUANT TO SECTION 29-35-206, OR AS A7
NEIGHBORHOOD CENTER PURSUANT TO SECTION 29-35-207.8
(b) A
NY PLANNED UNIT DEVELOPMENT RESOLUTION OR9
ORDINANCE THAT APPLIES WITHIN A TRANSIT CENTER OR NEIGHBORHOOD10
CENTER THAT IS ADOPTED OR APPROVED BY A LOCAL GOVERNMENT11
BEFORE THE EFFECTIVE DATE OF THIS SUBSECTION (5.5) AND THAT12
RESTRICTS THE DEVELOPMENT OF HOUSING IN ANY MANNER THAT IS13
INCONSISTENT WITH THE REQUIREMENTS FOR DESIGNATING AN AREA AS A14
TRANSIT CENTER PURSUANT TO SECTION 29-35-206, OR AS A15
NEIGHBORHOOD CENTER PURSUANT TO SECTION 29-35-207:16
(I) M
UST NOT BE INTERPRETED OR ENFORCED TO RESTRICT THE17
DEVELOPMENT OF MULTIFAMILY RESIDENTIAL DWELLING UNITS SO THAT18
A TRANSIT-ORIENTED COMMUNITY COULD NOT DESIGNATE AN AREA AS A19
TRANSIT CENTER OR NEIGHBORHOOD CENTER THAT WOULD OTHERWISE20
QUALIFY AS SUCH; AND21
(II) M
AY BE SUPERSEDED BY THE ADOPTION OF A LOCAL LAW22
ADOPTED IN ACCORDANCE WITH THE REQUIREMENTS FOR DESI GNATION OF23
A TRANSIT CENTER PURSUANT TO SECTION 29-35-206, OR AS A24
NEIGHBORHOOD CENTER PURSUANT TO SECTION 29-35-207.25
(c) N
OTWITHSTANDING SUBSECTION (5.5)(b) OF THIS SECTION, A26
LOCAL GOVERNMENT MAY ADOPT CONFORMING AMENDMENTS TO ANY27
1313
-55- SUCH PLANNED UNIT DEVELOPMENT RESOLUTION OR ORDINANCE .1
(d) A
S USED IN THIS SUBSECTION (5.5), UNLESS THE CONTEXT2
OTHERWISE REQUIRES:3
(I) "L
OCAL LAW" HAS THE SAME MEANING AS SET FORTH IN4
SECTION 29-35-102 (11).5
(II) "N
EIGHBORHOOD CENTER " HAS THE SAME MEANING AS SET6
FORTH IN SECTION 29-35-202
(4)7
(III) "T
RANSIT CENTER" HAS THE SAME MEANING AS SET FORTH IN8
SECTION 29-35-202
(10)9
SECTION 3. In Colorado Revised Statutes, 38-33.3-106.5, add10
(3) as follows:11
38-33.3-106.5. Prohibitions contrary to public policy -12
patriotic, political, or religious expression - public rights-of-way - fire13
prevention - renewable energy generation devices - affordable14
housing - drought prevention measures - child care - definitions.15
(3) (a) I
N A TRANSIT CENTER OR NEIGHBORHOOD CENTER , AN16
ASSOCIATION SHALL NOT ADOPT A PROVISION OF A DECLARATION , BYLAW,17
OR RULE ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (3) THAT18
RESTRICTS 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
(b) I
N A TRANSIT CENTER OR NEIGHBORHOOD CENTER , NO23
PROVISION OF A DECLARATION, BYLAW, OR RULE OF AN ASSOCIATION THAT24
IS ADOPTED BEFORE THE EFFECTIVE DATE OF THIS SUBSECTION (3) MAY25
RESTRICT THE DEVELOPMENT OF HOUSING MORE THAN THE LOCAL LAW26
THAT APPLIES WITHIN THE TRANSIT CENTER OR NEIGHBORHOOD CENTER ,27
1313
-56- AND ANY PROVISION OF A DECLARATION, BYLAW, OR RULE THAT INCLUDES1
SUCH A RESTRICTION IS VOID AS A MATTER OF PUBLIC POLICY .2
(c) A
S USED IN THIS SUBSECTION (3), UNLESS THE CONTEXT3
OTHERWISE REQUIRES:4
(I) "L
OCAL LAW" HAS THE SAME MEANING AS SET FORTH IN5
SECTION 29-35-102 (11).6
(II) "N
EIGHBORHOOD CENTER " HAS THE SAME MEANING AS SET7
FORTH IN SECTION 29-35-202
(4)8
(III) "T
RANSIT CENTER" HAS THE SAME MEANING AS SET FORTH IN9
SECTION 29-35-202
(10)10
SECTION 4. In Colorado Revised Statutes, 39-22-2102, add11
(7)(a.7) and (7.5) as follows:12
39-22-2102. Credit against tax - affordable housing13
developments - legislative declaration. (7) During each calendar year14
of the period beginning January 1, 2015, and ending December 31, 2031,15
the authority may allocate a credit, the full amount of which may be16
claimed against the taxes imposed by this article 22 for each taxable year17
of the six-year credit period. The aggregate amount of all credits allocated18
by the authority in each calendar year of the period beginning January 1,19
2015, and ending December 31, 2031, shall not exceed the amount of:20
(a.7) IN ADDITION TO THE AMOUNT DESCRIBED IN SUBSECTION21
(7)(A.5) OF THIS SECTION:22
(I) EIGHT MILLION THREE HUNDRED THOUSAND DOLLARS FOR23
CREDITS ALLOCATED IN CALENDAR YEAR 2024, PURSUANT TO SUBSECTION24
(1) OF THIS SECTION AND SECTION 39-22-2105 COMBINED;25
(II) SIX MILLION THREE HUNDRED THOUSAND DOLLARS FOR26
CREDITS ALLOCATED IN CALENDAR YEAR 2025, PURSUANT TO SUBSECTION27
1313
-57- (1) OF THIS SECTION AND SECTION 39-22-2105 COMBINED;1
(III) SIX MILLION THREE HUNDRED THOUSAND DOLLARS FOR2
CREDITS ALLOCATED IN CALENDAR YEAR 2026, PURSUANT TO SUBSECTION3
(1) OF THIS SECTION AND SECTION 39-22-2105 COMBINED;4
(IV) FIVE MILLION SEVEN HUNDRED THOUSAND DOLLARS FOR5
CREDITS ALLOCATED IN CALENDAR YEAR 2027, PURSUANT TO SUBSECTION6
(1) OF THIS SECTION AND SECTION 39-22-2105 COMBINED;7
(V) FIVE MILLION DOLLARS FOR CREDITS ALLOCATED IN CALENDAR8
YEAR 2028, PURSUANT TO SUBSECTION (1) OF THIS SECTION AND SECTION9
39-22-2105 COMBINED;10
(VI) FIVE MILLION DOLLARS FOR CREDITS ALLOCATED IN11
CALENDAR YEAR 2029, PURSUANT TO SUBSECTION (1) OF THIS SECTION12
AND SECTION 39-22-2105 COMBINED;13
(VII) FIVE MILLION DOLLARS FOR CREDITS ALLOCATED IN14
CALENDAR YEAR 2030, PURSUANT TO SUBSECTION (1) OF THIS SECTION15
AND SECTION 39-22-2105 COMBINED; AND16
(VIII) FIVE MILLION DOLLARS FOR CREDITS ALLOCATED IN17
CALENDAR YEAR 2031, PURSUANT TO SUBSECTION (1) OF THIS SECTION18
AND SECTION 39-22-2105 COMBINED;19
(7.5) THE TAXPAYER SHALL NOT CLAIM A CREDIT ALLOCATED AS20
PART OF THE CREDITS AVAILABLE PURSUANT TO SUBSECTION (7)(a.7) OF21
THIS SECTION RATABLY OVER THE CREDIT PERIOD. INSTEAD, SUCH A22
CREDIT MUST BE ACCELERATED AND THE FULL AMOUNT MUST BE CLAIMED23
AGAINST THE TAXES IMPOSED BY THIS ARTICLE 22 OVER THE CREDIT24
PERIOD ACCORDING TO THE FOLLOWING SCHEDULE :25
(a) THE AMOUNT OF THE CREDIT ALLOCATED AS PART OF THE26
CREDITS AVAILABLE PURSUANT TO SUBSECTION (7)(a.7) OF THIS SECTION27
1313
-58- THAT A TAXPAYER CLAIMS IN THE FIRST YEAR OF THE CREDIT PERIOD MUST1
EQUAL SEVENTY PERCENT OF THE TOTAL AMOUNT OF THAT CREDIT THAT2
THE AUTHORITY ALLOCATES TO THE TAXPAYER ; AND3
(b) THE AMOUNT OF THE CREDIT ALLOCATED AS PART OF THE4
CREDITS AVAILABLE PURSUANT TO SUBSECTION (7)(a.7) OF THIS SECTION5
THAT A TAXPAYER CLAIMS IN THE SECOND YEAR THROUGH SIXTH YEAR OF6
THE CREDIT PERIOD MUST EACH YEAR EQUAL SIX PERCENT OF THE TOTAL7
AMOUNT OF THAT CREDIT THAT THE AUTHORITY ALLOCATES TO THE8
TAXPAYER;9
SECTION 5. In Colorado Revised Statutes, add part 54 to article10
22 in title 39 as follows:11
PART 5412
COLORADO AFFORDABLE HOUSING IN13
TRANSIT-ORIENTED COMMUNITIES INCOME TAX CREDIT14
39-22-5401. Tax preference performance statement. (1) IN15
ACCORDANCE WITH SECTION 39-21-304 (1), WHICH REQUIRES EACH BILL16
THAT CREATES A NEW TAX EXPENDITURE TO INCLUDE A TAX PREFERENCE17
PERFORMANCE STATEMENT AS PART OF A STATUTORY LEGISLATIVE18
DECLARATION, THE GENERAL ASSEMBLY FINDS AND DECLARES THAT THE19
PURPOSE OF THE TAX CREDIT PROVIDED IN THIS SECTION IS TO INDUCE20
CERTAIN DESIGNATED BEHAVIOR BY TAXPAYERS BY SUPPORTING THE21
DEVELOPMENT OF AFFORDABLE HOUSING WITHIN TRANSIT-ORIENTED22
COMMUNITIES.23
(2) THE GENERAL ASSEMBLY AND THE STATE AUDITOR SHALL24
MEASURE THE EFFECTIVENESS OF THE CREDIT IN ACHIEVING THE PURPOSE25
SPECIFIED IN SUBSECTION (1) OF THIS SECTION BASED ON THE NUMBER AND26
VALUE OF CREDITS ISSUED AND HOUSING UNITS BUILT .27
1313
-59- 39-22-5402. Definitions. AS USED IN THIS PART 54, UNLESS THE1
CONTEXT OTHERWISE REQUIRES :2
(1) "ALLOCATION CERTIFICATE" MEANS A STATEMENT ISSUED BY3
THE AUTHORITY CERTIFYING THAT A GIVEN DEVELOPMENT QUALIFIES FOR4
THE CREDIT AND SPECIFYING THE AMOUNT OF THE CREDIT ALLOWED .5
(2) "ALLOCATION PLAN" MEANS AN ALLOCATION PLAN ADOPTED6
BY THE AUTHORITY THAT GOVERNS THE SELECTION CRITERIA AND7
PREFERENCES FOR ALLOCATING THE TAX CREDIT ALLOWED PURSUANT TO8
THIS PART 54.9
(3) "AUTHORITY" MEANS THE COLORADO HOUSING AND FINANCE10
AUTHORITY CREATED PURSUANT TO SECTION 29-4-704.11
(4) "COMPLIANCE PERIOD" MEANS THE PERIOD OF FIFTEEN YEARS12
BEGINNING WITH THE FIRST TAXABLE YEAR OF A CREDIT PERIOD .13
(5) "CREDIT" MEANS THE COLORADO TRANSIT-ORIENTED14
COMMUNITY HOUSING INCOME TAX CREDIT ALLOWED PURSUANT TO THIS15
PART 54.16
(6) "CREDIT PERIOD" MEANS THE PERIOD OF FIVE INCOME TAX17
YEARS BEGINNING WITH THE INCOME TAX YEAR IN WHICH A QUALIFIED18
DEVELOPMENT IS PLACED IN SERVICE. IF A QUALIFIED DEVELOPMENT IS19
COMPRISED OF MORE THAN ONE BUILDING, THE DEVELOPMENT IS DEEMED20
TO BE PLACED IN SERVICE IN THE INCOME TAX YEAR DURING WHICH THE21
LAST BUILDING OF THE QUALIFIED DEVELOPMENT IS PLACED IN SERVICE .22
(7) "DEPARTMENT" MEANS THE DEPARTMENT OF REVENUE .23
(8) "DIVISION" MEANS THE DIVISION OF LOCAL GOVERNMENT OF24
THE DEPARTMENT OF LOCAL AFFAIRS CREATED IN SECTION 24-32-103.25
(9) "FEDERAL TAX CREDIT" MEANS THE FEDERAL LOW-INCOME26
HOUSING TAX CREDIT PROVIDED BY SECTION 42 OF THE INTERNAL27
1313
-60- REVENUE CODE.1
(10) "METROPOLITAN PLANNING ORGANIZATION" HAS THE SAME2
MEANING AS SET FORTH IN SECTION 29-35-103 (12).3
(11) "NEIGHBORHOOD CENTER" HAS THE SAME MEANING AS SET4
FORTH IN SECTION 29-35-202 (5).5
(12) "QUALIFIED BASIS" MEANS THE QUALIFIED BASIS OF THE6
DEVELOPMENT AS DETERMINED PURSUANT TO SECTION 42 OF THE7
INTERNAL REVENUE CODE.8
(13) "QUALIFIED DEVELOPMENT " MEANS A "QUALIFIED9
LOW-INCOME HOUSING PROJECT", AS THAT TERM IS DEFINED IN SECTION 4210
OF THE INTERNAL REVENUE CODE , THAT IS:11
(a) LOCATED IN COLORADO;12
(b) DETERMINED BY THE AUTHORITY TO BE ELIGIBLE FOR A13
FEDERAL TAX CREDIT WHETHER OR NOT A FEDERAL TAX CREDIT IS14
ALLOCATED WITH RESPECT TO SAID DEVELOPMENT ; AND15
(c) LOCATED IN A TRANSIT-ORIENTED CENTER WITHIN A QUALIFIED16
TRANSIT-ORIENTED COMMUNITY OR IN A NEIGHBORHOOD CENTER WITHIN17
A METROPOLITAN PLANNING ORGANIZATION .18
(14) "QUALIFIED TAXPAYER" MEANS AN INDIVIDUAL, A PERSON,19
FIRM, CORPORATION, OR OTHER ENTITY THAT OWNS AN INTEREST, DIRECT20
OR INDIRECT, IN A QUALIFIED DEVELOPMENT AND IS SUBJECT TO THE21
TAXES IMPOSED BY THIS ARTICLE 22.22
(15) "QUALIFIED TRANSIT-ORIENTED COMMUNITY " MEANS:23
(a) IN CALENDAR YEARS 2024, 2025, AND 2026, A24
TRANSIT-ORIENTED COMMUNITY AS DEFINED IN SECTION 29-35-202 (13);25
AND26
(b) IN CALENDAR YEAR 2027 AND EACH SUBSEQUENT CALENDAR27
1313
-61- YEAR, A TRANSIT-ORIENTED COMMUNITY, AS DEFINED IN SECTION1
29-35-202(13), THAT HAS BOTH SUBMITTED THE HOUSING OPPORTUNITY2
GOAL REPORT DESCRIBED IN SECTION 29-35-204 (10) TO THE DIVISION AND3
HAD THE DIVISION CONFIRM THAT THE TRANSIT-ORIENTED COMMUNITY4
HAS MET ITS HOUSING OPPORTUNITY GOAL .5
(16) "TRANSIT CENTER" HAS THE SAME MEANING AS SET FORTH IN6
SECTION 29-35-202 (11).7
39-22-5403. Credit against tax - affordable housing located in8
a transit-oriented community. (1) FOR INCOME TAX YEARS DURING THE9
CREDIT PERIOD, THERE IS ALLOWED TO ANY QUALIFIED TAXPAYER A10
CREDIT WITH RESPECT TO THE INCOME TAXES IMPOSED BY THIS ARTICLE11
22 IN THE AMOUNT DETERMINED BY THE AUTHORITY PURSUANT TO THIS12
PART 54.13
(2) THE AGGREGATE AMOUNT OF CREDITS ALLOCATED BY THE14
AUTHORITY IN EACH OF THE 2025 THROUGH 2029 CALENDAR YEARS, MUST15
NOT EXCEED THE AGGREGATE AMOUNT OF :16
(a) CREDITS AUTHORIZED AS FOLLOWS :17
(I) FOR THE 2025 CALENDAR YEAR, EIGHT MILLION SIX HUNDRED18
THOUSAND DOLLARS;19
(II) FOR THE 2026 CALENDAR YEAR, SEVEN MILLION TWO20
HUNDRED THOUSAND DOLLARS ;21
(III) FOR THE 2027 CALENDAR YEAR, FIVE MILLION SIX HUNDRED22
THOUSAND DOLLARS;23
(IV) FOR THE 2028 CALENDAR YEAR, FIVE MILLION DOLLARS; AND24
(V) FOR THE 2029 CALENDAR YEAR, THREE MILLION SIX HUNDRED25
THOUSAND DOLLARS; PLUS26
(b) UNALLOCATED CREDITS, IF ANY, FOR THE IMMEDIATELY27
1313
-62- PRECEDING CALENDAR YEAR ; AND1
(c) ANY CREDIT RECAPTURED OR OTHERWISE RETURNED TO THE2
AUTHORITY IN THE CALENDAR YEAR .3
(3) THE AUTHORITY MAY ALLOCATE A CREDIT TO AN OWNER OF A4
QUALIFIED DEVELOPMENT BY ISSUING TO THE OWNER AN ALLOCATION5
CERTIFICATE. THE AUTHORITY MAY DETERMINE THE TIME AT WHICH SUCH6
ALLOCATION CERTIFICATE IS ISSUED. THE CREDIT MUST BE IN AN AMOUNT7
DETERMINED BY THE AUTHORITY , SUBJECT TO THE FOLLOWING8
GUIDELINES:9
(a) THE CREDIT MUST BE NECESSARY FOR THE FINANCIAL10
FEASIBILITY OF SUCH DEVELOPMENT ;11
(b) ALL ALLOCATIONS MUST BE MADE PURSUANT TO THE12
ALLOCATION PLAN; AND13
(c) THE AGGREGATE SUM OF CREDITS ALLOCATED ANNUALLY14
MUST NOT EXCEED THE LIMITS SET FORTH IN SUBSECTION (2) OF THIS15
SECTION.16
(4) (a) ON OR AFTER JANUARY 1, 2025, BUT PRIOR TO DECEMBER17
31, 2029, THE AUTHORITY MAY ALLOCATE A TOTAL AMOUNT OF THIRTY18
MILLION DOLLARS IN CREDITS.19
(b) THE TAXPAYER SHALL NOT CLAIM THE CREDIT RATABLY OVER20
THE CREDIT PERIOD. INSTEAD, THE CREDIT MUST BE ACCELERATED AND21
THE FULL AMOUNT MUST BE CLAIMED AGAINST THE TAXES IMPOSED BY22
THIS ARTICLE 22 OVER THE CREDIT PERIOD ACCORDING TO THE FOLLOWING23
SCHEDULE:24
(I) THE AMOUNT OF THE CREDIT THAT A TAXPAYER CLAIMS IN THE25
FIRST YEAR OF THE CREDIT PERIOD MUST EQUAL SEVENTY PERCENT OF THE26
TOTAL AMOUNT OF THE CREDIT THE AUTHORITY ALLOCATES TO THE27
1313
-63- TAXPAYER;1
(II) THE AMOUNT OF THE CREDIT THAT A TAXPAYER CLAIMS IN THE2
SECOND YEAR OF THE CREDIT PERIOD MUST EQUAL EIGHT PERCENT OF THE3
TOTAL AMOUNT OF THE CREDIT THE AUTHORITY ALLOCATES TO THE4
TAXPAYER;5
(III) THE AMOUNT OF THE CREDIT THAT A TAXPAYER CLAIMS IN6
THE THIRD YEAR OF THE CREDIT PERIOD MUST EQUAL EIGHT PERCENT OF7
THE TOTAL AMOUNT OF THE CREDIT THE AUTHORITY ALLOCATES TO THE8
TAXPAYER;9
(IV) THE AMOUNT OF THE CREDIT THAT A TAXPAYER CLAIMS IN10
THE FOURTH YEAR OF THE CREDIT PERIOD MUST EQUAL SEVEN PERCENT OF11
THE TOTAL AMOUNT OF THE CREDIT THE AUTHORITY ALLOCATES TO THE12
TAXPAYER; AND13
(V) THE AMOUNT OF THE CREDIT THAT A TAXPAYER CLAIMS IN THE14
FIFTH YEAR OF THE CREDIT PERIOD MUST EQUAL SEVEN PERCENT OF THE15
TOTAL AMOUNT OF THE CREDIT THE AUTHORITY ALLOCATES TO THE16
TAXPAYER.17
(5) IF AN OWNER OF A QUALIFIED DEVELOPMENT RECEIVING AN18
ALLOCATION OF A CREDIT IS A PARTNERSHIP, LIMITED LIABILITY COMPANY,19
S CORPORATION, OR SIMILAR PASS-THROUGH ENTITY, THE OWNER MAY20
ALLOCATE THE CREDIT AMONG ITS PARTNERS, SHAREHOLDERS, MEMBERS,21
OR OTHER QUALIFIED TAXPAYERS IN ANY MANNER AGREED TO BY SUCH22
PERSONS REGARDLESS OF WHETHER ANY SUCH PERSONS ARE DEEMED A23
PARTNER FOR FEDERAL INCOME TAX PURPOSES. THE OWNER SHALL24
CERTIFY TO THE DEPARTMENT THE AMOUNT OF CREDIT ALLOCATED TO25
EACH PARTNER, SHAREHOLDER, MEMBER, OR OTHER QUALIFIED TAXPAYER.26
EACH PARTNER, SHAREHOLDER, MEMBER, OR OTHER QUALIFIED TAXPAYER27
1313
-64- ADMITTED AS A PARTNER, SHAREHOLDER, MEMBER, OR OTHER QUALIFIED1
TAXPAYER OF THE OWNER PRIOR TO THE FILING OF A TAX RETURN2
CLAIMING THE CREDIT IS ALLOWED TO CLAIM SUCH AMOUNT SUBJECT TO3
ANY RESTRICTIONS SET FORTH IN THIS PART 54.4
(6) NO CREDIT SHALL BE ALLOCATED PURSUANT TO THIS PART 545
UNLESS THE QUALIFIED DEVELOPMENT IS THE SUBJECT OF A RECORDED6
RESTRICTIVE COVENANT REQUIRING THE DEVELOPMENT TO BE7
MAINTAINED AND OPERATED AS A QUALIFIED DEVELOPMENT , AND IS IN8
ACCORDANCE WITH THE ACCESSIBILITY AND ADAPTABILITY9
REQUIREMENTS OF THE FEDERAL TAX CREDITS AND TITLE VIII OF THE10
"CIVIL RIGHTS ACT OF 1968", AS AMENDED BY THE "FAIR HOUSING11
AMENDMENTS ACT OF 1988", FOR A PERIOD OF FIFTEEN INCOME TAX12
YEARS, OR SUCH LONGER PERIOD AS MAY BE AGREED TO BETWEEN THE13
AUTHORITY AND THE OWNER, BEGINNING WITH THE FIRST TAXABLE YEAR14
OF THE CREDIT PERIOD UNLESS CORRECTED WITHIN THE TIME THAT IS15
APPLICABLE TO DEVELOPMENTS RECEIVING FEDERAL TAX CREDITS16
PURSUANT TO SECTION 42(h)(6)(J) OF THE INTERNAL REVENUE CODE AS17
APPLICABLE TO THE COVENANT DESCRIBED IN THIS SUBSECTION (6).18
(7) THE ALLOCATED CREDIT AMOUNT MAY BE TAKEN AGAINST THE19
TAXES IMPOSED BY THIS ARTICLE 22 FOR EACH INCOME TAX YEAR OF THE20
CREDIT PERIOD AS SET FORTH IN SUBSECTION (4) OF THIS SECTION. ANY21
AMOUNT OF CREDIT THAT EXCEEDS THE TAX DUE FOR AN INCOME TAX22
YEAR MAY BE CARRIED FORWARD AS A TAX CREDIT AGAINST THE INCOME23
TAX LIABILITY FOR THE THREE SUBSEQUENT TAX YEARS AND MUST BE24
APPLIED FIRST TO THE EARLIEST YEARS POSSIBLE. ANY AMOUNT OF THE25
CREDIT THAT IS NOT USED MUST NOT BE REFUNDED TO THE TAXPAYER .26
(8) UNLESS OTHERWISE PROVIDED IN THIS PART 54 OR THE27
1313
-65- CONTEXT CLEARLY REQUIRES OTHERWISE, THE AUTHORITY SHALL1
DETERMINE ELIGIBILITY FOR A CREDIT AND ALLOCATE CREDITS IN2
ACCORDANCE WITH THE STANDARDS AND REQUIREMENTS SET FORTH IN3
THE ALLOCATION PLAN; HOWEVER, THE AUTHORITY SHALL ADMINISTER4
THE CREDIT ALLOWED PURSUANT TO THIS PART 54 CONSISTENTLY WITH5
THE CREDIT PURSUANT TO PART 21 OF THIS ARTICLE 22 EXCEPT TO THE6
EXTENT THE ALLOCATION PLAN IS INCONSISTENT WITH PART 21 OF THIS7
ARTICLE 22, IN WHICH CASE THE ALLOCATION PLAN CONTROLS.8
NOTWITHSTANDING THE FOREGOING, ANY COMBINATION OF FEDERAL AND9
STATE CREDITS, OR STANDALONE AMOUNT OF STATE CREDITS, ALLOWED10
MUST BE THE LEAST AMOUNT NECESSARY TO ENSURE THE FINANCIAL11
FEASIBILITY OF A QUALIFIED DEVELOPMENT .12
39-22-5404. Recapture. (1) AS OF THE LAST DAY OF ANY13
TAXABLE YEAR DURING THE COMPLIANCE PERIOD, IF THE AMOUNT OF THE14
QUALIFIED BASIS OF A QUALIFIED DEVELOPMENT WITH RESPECT TO A15
TAXPAYER IS LESS THAN THE AMOUNT OF THE QUALIFIED BASIS AS OF THE16
LAST DAY OF THE PRIOR TAXABLE YEAR , THEN THE AMOUNT OF THE17
TAXPAYER'S STATE INCOME TAX LIABILITY FOR THAT TAXABLE YEAR MUST18
BE INCREASED BY THE CREDIT RECAPTURE AMOUNT .19
(2) FOR PURPOSES OF SUBSECTION (1) OF THIS SECTION, THE20
CREDIT RECAPTURE AMOUNT IS AN AMOUNT EQUAL TO THE AGGREGATE21
DECREASE IN THE CREDIT ALLOWED TO THE TAXPAYER PURSUANT TO THIS22
PART 54 FOR ALL PRIOR TAXABLE YEARS THAT WOULD HAVE RESULTED IF23
THE ACCELERATED PORTION OF THE CREDIT ALLOWABLE BY REASON OF24
THIS PART 54 WERE NOT ALLOWED FOR ALL PRIOR TAXABLE YEARS WITH25
RESPECT TO THE REDUCED AMOUNT OF QUALIFIED BASIS DESCRIBED IN26
SUBSECTION (1) OF THIS SECTION.27
1313
-66- (3) FOR PURPOSES OF SUBSECTION (2) OF THIS SECTION, THE1
ACCELERATED PORTION OF THE CREDIT FOR THE PRIOR TAXABLE YEARS2
WITH RESPECT TO ANY AMOUNT OF QUALIFIED BASIS IS THE DIFFERENCE3
BETWEEN:4
(a) THE AGGREGATE AMOUNT OF THE CREDIT ALLOWED PURSUANT5
TO THIS PART 54, NOTWITHSTANDING THIS SUBSECTION (3), FOR THE YEARS6
WITH RESPECT TO SUCH QUALIFIED BASIS; AND7
(b) THE AGGREGATE AMOUNT OF THE CREDIT THAT WOULD BE8
ALLOWED PURSUANT TO THIS PART 54 FOR SUCH YEARS WITH RESPECT TO9
THE QUALIFIED BASIS IF THE AGGREGATE CREDIT THAT WOULD HAVE BEEN10
ALLOWABLE, BUT FOR THIS SUBSECTION (3), FOR THE ENTIRE COMPLIANCE11
PERIOD WERE ALLOWABLE RATABLY OVER FIFTEEN YEARS .12
(4) IN THE EVENT THAT RECAPTURE OF ANY CREDIT IS REQUIRED13
IN ANY TAX YEAR, THE RETURN SUBMITTED FOR THAT TAX YEAR TO THE14
DEPARTMENT SHALL INCLUDE THE PROPORTION OF CREDIT REQUIRED TO15
BE RECAPTURED, THE IDENTITY OF EACH TAXPAYER SUBJECT TO THE16
RECAPTURE, AND THE AMOUNT OF CREDIT PREVIOUSLY ALLOCATED TO17
SUCH TAXPAYER.18
(5) NOTWITHSTANDING SUBSECTION (1) OF THIS SECTION, CREDITS19
ISSUED PURSUANT TO THIS PART 54 MUST NOT BE RECAPTURED IF A20
QUALIFIED DEVELOPMENT, AFTER THE INITIAL AWARD OF CREDITS, CEASES21
BEING LOCATED IN A TRANSIT-ORIENTED CENTER WITHIN A QUALIFIED22
TRANSIT-ORIENTED COMMUNITY OR IN A NEIGHBORHOOD CENTER WITHIN23
A METROPOLITAN PLANNING ORGANIZATION .24
39-22-5405. Filing requirements. AN OWNER OF A QUALIFIED25
DEVELOPMENT TO WHICH A CREDIT HAS BEEN ALLOCATED AND EACH26
QUALIFIED TAXPAYER TO WHICH SUCH OWNER HAS ALLOCATED A PORTION27
1313
-67- OF SAID CREDIT, IF ANY, SHALL FILE WITH THEIR STATE INCOME TAX1
RETURN A COPY OF THE ALLOCATION CERTIFICATE ISSUED BY THE2
AUTHORITY WITH RESPECT TO SUCH DEVELOPMENT AND A COPY OF THE3
OWNER'S CERTIFICATION TO THE DEPARTMENT AS TO THE ALLOCATION OF4
THE CREDIT AMONG THE QUALIFIED TAXPAYERS HAVING OWNERSHIP5
INTERESTS IN THE DEVELOPMENT.6
39-22-5406. Parallel credits - insurance premium taxes.7
(1) ANY TAXPAYER WHO IS SUBJECT TO THE TAX ON INSURANCE8
PREMIUMS ESTABLISHED BY SECTIONS 10-3-209, 10-5-111, AND 10-6-1289
AND THEREFORE EXEMPT FROM THE PAYMENT OF INCOME TAX AND WHO10
IS OTHERWISE ELIGIBLE TO CLAIM A CREDIT PURSUANT TO THIS PART 5411
MAY CLAIM SUCH CREDIT AND CARRY SUCH CREDIT FORWARD AGAINST12
SUCH INSURANCE PREMIUM TAX ON ITS CALENDAR QUARTER ESTIMATED13
TAX PAYMENTS MADE IN ACCORDANCE WITH SECTION 10-3-209 TO THE14
SAME EXTENT AS THE TAXPAYER WOULD HAVE BEEN ABLE TO CLAIM OR15
CARRY FORWARD SUCH CREDIT OR REFUND AGAINST INCOME TAX . ALL16
OTHER PROVISIONS OF THIS PART 54 WITH RESPECT TO THE CREDIT,17
INCLUDING THE AMOUNT, ALLOCATION, AND RECAPTURE OF THE CREDIT18
AND THE YEARS FOR WHICH THE CREDIT MAY BE CLAIMED , APPLY TO A19
CREDIT CLAIMED PURSUANT TO THIS SECTION .20
(2) FOR PURPOSES OF ADMINISTERING THIS SECTION , ANY21
REFERENCE IN THIS ARTICLE 22 TO "INCOME TAX YEAR" MEANS CALENDAR22
YEAR.23
39-22-5407. Compliance monitoring. THE AUTHORITY, IN24
CONSULTATION WITH THE DEPARTMENT, SHALL MONITOR AND OVERSEE25
COMPLIANCE WITH THIS PART 54 AND SHALL REPORT SPECIFIC26
OCCURRENCES OF NONCOMPLIANCE TO THE DEPARTMENT .27
1313
-68- 39-22-5408. Repeal. THIS PART 54 IS REPEALED, EFFECTIVE1
DECEMBER 31, 2049.2
SECTION 6. In Colorado Revised Statutes, 39-26-123, amend3
(3)(b)(II)(B) and (3)(b)(II)(C); and add (3)(b)(II)(D) as follows:4
39-26-123. Receipts - disposition - transfers of general fund5
surplus - sales tax holding fund - creation - definitions. (3) For any6
state fiscal year commencing on or after July 1, 2013, the state treasurer7
shall credit eighty-five percent of all net revenue collected under this8
article 26 to the old age pension fund created in section 1 of article XXIV9
of the state constitution. The state treasurer shall credit to the general fund10
the remaining fifteen percent of the net revenue, less:11
(b) (II) The amount credited to the housing development grant12
fund created in section 24-32-721 (1) under subsection (3)(b)(I) of this13
section is reduced by the following amounts:14
(B) Forty million three hundred twenty-three thousand one15
hundred fifty-eight dollars for the state fiscal year 2020-21; and16
(C) Nine hundred eighty-five thousand three hundred thirty-five17
dollars for the state fiscal year YEARS 2021-22, and each state fiscal year18
thereafter 2022-23, AND 2023-24; AND19
(D) THIRTY-FIVE MILLION NINE HUNDRED EIGHTY-FIVE THOUSAND20
THREE HUNDRED THIRTY-FIVE DOLLARS FOR THE STATE FISCAL YEAR21
2024-25 AND EACH STATE FISCAL YEAR THEREAFTER .22
SECTION 7. Appropriation. (1) For the 2024-25 state fiscal23
year, $183,138 is appropriated to the office of the governor for use by the24
Colorado energy office. This appropriation is from the general fund and25
is based on the assumption that the office will require an additional 0.826
FTE. To implement this act, the office may use this appropriation for27
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(2) For the 2024-25 state fiscal year, $70,000 is appropriated to2
the office of the governor for use by the office of information technology.3
This appropriation is from reappropriated funds received from the4
department of local affairs from the transit-oriented communities5
infrastructure fund created in section 29-35-211 (8)(a)(I), C.R.S. To6
implement this act, the office may use this appropriation to provide7
information technology services for the department of local affairs.8
SECTION 8. Safety clause. The general assembly finds,9
determines, and declares that this act is necessary for the immediate10
preservation of the public peace, health, or safety or for appropriations for11
the support and maintenance of the departments of the state and state12
institutions.13
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