Colorado House Bill HB1313 Enrolled / Bill

                    HOUSE BILL 24-1313
BY REPRESENTATIVE(S) Woodrow and Jodeh, Bacon, Boesenecker,
deGruy Kennedy, Epps, Froelich, Garcia, Hernandez, Herod, Kipp, Lindsay,
Lindstedt, Mabrey, McCormick, Parenti, Rutinel, Sirota, Story, Valdez,
Vigil, McCluskie, English, Ortiz, Titone, Weissman, Willford;
also SENATOR(S) Hansen and Winter F., Cutter, Hinrichsen, Priola.
C
ONCERNING MEASURES TO INCREASE THE AFFORDABILITY OF HOUSING IN
TRANSIT
-ORIENTED COMMUNITIES, AND, IN CONNECTION THEREWITH,
MAKING AN APPROPRIATION.
 
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add article 37 to title
29 as follows:
ARTICLE 37
State Land Use Criteria For Strategic Growth
PART 1
DEFINITIONS
29-37-101.  Short title. T
HE SHORT TITLE OF THIS ARTICLE 37 IS THE
"STATE LAND USE CRITERIA FOR STRATEGIC GROWTH ACT".
NOTE:  This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. 29-37-102.  Legislative declaration. (1)  T	HE GENERAL ASSEMBLY
HEREBY FINDS
, DETERMINES, AND DECLARES THAT:
(a)  S
INCE THE "LOCAL GOVERNMENT LAND USE CONTROL
ENABLING ACT OF 1974", ARTICLE 20 OF TITLE 29, WAS ADOPTED,
C
OLORADO'S POPULATION HAS MORE THAN DOUBLED , WITH THE STATE
GROWING AT TWICE THE NATIONAL RATE BETWEEN 
2010 AND 2020;
(b)  T
HE COLORADO STATE DEMOGRAPHY OFFICE ESTIMATES THAT
COLORADO WILL ADD ONE MILLION SEVEN HUNDRED THOUSAND TWO
HUNDRED PEOPLE BY 
2050, BRINGING COLORADO'S POPULATION TO NEARLY
SEVEN MILLION FIVE HUNDRED THOUSAND
. THE NEED FOR HOUSING FOR THE
GROWING POPULATION IS AN ISSUE THAT AFFECTS ALL 
COLORADO
COMMUNITIES REGARDLESS OF REGION OR SIZE
. IN A BIPARTISAN POLL
CONDUCTED BY THE 
COLORADO POLLING INSTITUTE IN NOVEMBER 2023,
C
OLORADO VOTERS LISTED HOUSING AFFORDABILITY AS ONE OF THEIR TOP
FIVE ISSUES FOR THE 
COLORADO STATE GOVERNMENT TO ADDRESS .
T
HEREFORE, IT IS CRITICAL TO ADDRESS THE COST AND AVAILABILITY OF
HOUSING ACROSS THE STATE TO ADDRESS HISTORIC POPULATION GROWTH
.
(c)  I
N EXPERIENCING SIGNIFICANT POPULATION GROWTH AT A TIME
OF INCREASED VEHICLE OWNERSHIP AND COMMUTE TIMES
, THE SUPPLY AND
AFFORDABILITY OF HOUSING IN ONE COMMUNITY AFFECTS THE RESOURCES
OF NEIGHBORING COMMUNITIES
. COLORADO'S NEED FOR HOUSING IMPACTS
THE STATE
'S TRANSIT, TRANSPORTATION, EMPLOYMENT, ECONOMY, ENERGY,
WATER, AND INFRASTRUCTURE AND REQUIRES INNOVATIVE , COLLABORATIVE
SOLUTIONS
.
(d)  C
OLORADO'S HOUSING SUPPLY HAS NOT KEPT PACE WITH
POPULATION GROWTH IN THE STATE
. BETWEEN 2010 AND 2020, COLORADO
ADDED ONE HUNDRED TWENTY
-SIX THOUSAND FEWER HOUSING UNITS THAN
IN THE PRIOR DECADE
, DESPITE COLORADO'S POPULATION INCREASING BY A
SIMILAR AMOUNT IN EACH DECADE
. THE STATE DEMOGRAPHER ESTIMATES
THAT BETWEEN APPROXIMATELY SIXTY
-FIVE THOUSAND AND NINETY
THOUSAND HOUSING UNITS ARE NEEDED TO KEEP PACE WITH 
COLORADO'S
CURRENT POPULATION GROWTH
.
(e)  A
CROSS THE STATE, COLORADO NEEDS MORE HOUSING
URGENTLY TO SUPPORT OUR GROWING WORKFORCE
, AND HOUSING
OPPORTUNITIES ARE NEEDED ACROSS ALL INCOME LEVELS
. ADDRESSING THE
PAGE 2-HOUSE BILL 24-1313 CRITICAL ISSUE OF COST AND AVAILABILITY OF HOUSING REQUIRES
MAINTAINING AND EXPANDING ACCESS TO AFFORDABLE AND ATTAINABLE
HOUSING BY REMOVING BARRIERS TO AND EXPEDITING NEW HOUSING
OPPORTUNITIES FOR EVERY COMMUNITY
, ESPECIALLY NEAR TRANSIT. AS
HOUSING RENTS AND PRICES HAVE INCREASED FASTER THAN WAGES ACROSS
THE STATE
, INDIVIDUAL HOUSEHOLDS ARE EXPERIENCING DISPLACEMENT
FROM HOMES THEY COULD ONCE AFFORD AND HAVING TO LIVE FARTHER
FROM WORK WITH INCREASED COMMUTE TIMES
. AS STATE AND LOCAL
GOVERNMENTS SEEK TO INCREASE HOUSING OPTIONS AND ADDRESS
AFFORDABILITY FOR RESIDENTS
, IT IS ESSENTIAL TO PROVIDE SOLUTIONS
THAT INCORPORATE TRANSIT NEEDS AS WELL
.
(f)  B
ETWEEN 2010 AND 2021, THE PERCENTAGE OF COLORADANS
MAKING LESS THAN SEVENTY
-FIVE THOUSAND DOLLARS A YEAR WHO WERE
HOUSING COST
-BURDENED, MEANING THEY SPEND MORE THAN THIRTY
PERCENT OF THEIR INCOME ON HOUSING NEEDS
, INCREASED FROM
FIFTY
-FOUR PERCENT TO SIXTY-ONE PERCENT, AND, FOR RENTERS MAKING
LESS THAN SEVENTY
-FIVE THOUSAND DOLLARS A YEAR , THAT PERCENTAGE
INCREASED FROM FIFTY
-NINE PERCENT TO SEVENTY -THREE PERCENT,
ACCORDING TO THE AMERICAN COMMUNITY SURVEY;
(g)  N
ATIONALLY, CITIES WITH THE HIGHEST HOUSING COSTS AND
LOWEST VACANCY RATES EXPERIENCE THE HIGHEST RATES OF
HOMELESSNESS
, ACCORDING TO A REPORT BY THE URBAN INSTITUTE,
"U
NSHELTERED HOMELESSNESS: TRENDS, CHARACTERISTICS, AND
HOMELESS HISTORIES". THESE INDICATORS EXPLAIN A GREATER PORTION OF
THE VARIATION IN REGIONAL RATES OF HOMELESSNESS THAN OTHER
COMMONLY ASSUMED FACTORS
, SUCH AS POVERTY RATE, SUBSTANCE USE,
OR MENTAL ILLNESS, ACCORDING TO A STUDY IN THE EUROPEAN JOURNAL
OF 
HOUSING POLICY, "THE ECONOMICS OF HOMELESSNESS: THE EVIDENCE
FROM 
NORTH AMERICA".
(h)  H
OUSING PRICES ARE TYPICALLY HIGHER WHEN HOUSING SUPPLY
IS RESTRICTED BY LOCAL LAND USE REGULATIONS IN A METROPOLITAN
REGION
, ACCORDING TO STUDIES SUCH AS THE NATIONAL BUREAU OF
ECONOMIC RESEARCH WORKING PAPERS "REGULATION AND HOUSING
SUPPLY" AND "THE IMPACT OF ZONING ON HOUSING AFFORDABILITY".
I
NCREASING HOUSING SUPPLY MODERATES PRICE INCREASES AND IMPROVES
HOUSING AFFORDABILITY ACROSS ALL INCOMES
, ACCORDING TO STUDIES
SUCH AS 
"THE ECONOMIC IMPLICATIONS OF HOUSING SUPPLY", IN THE
PAGE 3-HOUSE BILL 24-1313 JOURNAL OF ECONOMIC PERSPECTIVES, AND "SUPPLY SKEPTICISM: HOUSING
SUPPLY AND AFFORDABILITY", IN THE JOURNAL HOUSING POLICY DEBATE.
(i)  R
ESEARCHERS HAVE FOUND SUBSTANTIAL EVIDENCE THAT NEW
HOUSING CONSTRUCTION ENABLES HOUSEHOLDS TO MOVE WITHIN A REGION
,
OPENS UP HOUSING OPTIONS FOR MORE DIVERSE INCOME LEVELS , AND
PROMOTES COMPETITION THAT LIMITS HOUSING COST INCREASES
,
ACCORDING TO THE NEW YORK UNIVERSITY LAW AND ECONOMICS
RESEARCH PAPER 
"SUPPLY SKEPTICISM REVISITED". WHILE NEW HOUSING
SUPPLY CAN RARELY MEET THE NEEDS OF THE LOWEST INCOME HOUSEHOLDS
,
ENABLING NEW HOUSING SUPPLY CAN MODERATE PRICE INCREASES AND
REDUCE THE NUMBER OF HOUSEHOLDS THAT NEED SUBSIDIES TO AFFORD
HOUSING
. RESIDENT OPPOSITION FREQUENTLY LIMITS NEW HOUSING
DEVELOPMENT IN EXISTING COMMUNITIES AND EITHER LEADS TO LESS
HOUSING PRODUCTION AND INCREASED HOUSING COSTS OR PUSHES HOUSING
DEVELOPMENT TO GREENFIELD AREAS WHERE THERE ARE FEWER NEIGHBORS
BUT GREATER ENVIRONMENTAL AND FISCAL COSTS
.
29-37-103.  Definitions. A
S USED IN THIS ARTICLE 37, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(1)  "A
CCESSIBLE UNIT" MEANS A HOUSING UNIT THAT:
(a)  S
ATISFIES THE REQUIREMENTS OF THE FEDERAL "FAIR HOUSING
ACT", 42 U.S.C. SEC. 3601 ET SEQ., AS AMENDED;
(b)  I
NCORPORATES UNIVERSAL DESIGN ; OR
(c)  IS A TYPE A DWELLING UNIT, AS DEFINED IN SECTION 9-5-101
(10);
 A TYPE A MULTISTORY DWELLING UNIT , AS DEFINED IN SECTION
9-5-101 (11); A TYPE B DWELLING UNIT, AS DEFINED IN SECTION 9-5-101
(12);
 OR A TYPE B MULTISTORY DWELLING UNIT , AS DEFINED IN SECTION
9-5-101 (13).
(2) (a)  "A
DMINISTRATIVE APPROVAL PROCESS " MEANS A PROCESS IN
WHICH
:
(I)  A
 DEVELOPMENT PROPOSAL FOR A SPECIFIED PROJECT IS
APPROVED
, APPROVED WITH CONDITIONS , OR DENIED BY LOCAL
GOVERNMENT ADMINISTRATIVE STAFF BASED SOLELY ON ITS COMPLIANCE
PAGE 4-HOUSE BILL 24-1313 WITH OBJECTIVE STANDARDS SET FORTH IN LOCAL LAWS ; AND
(II)  DOES NOT REQUIRE, AND CANNOT BE ELEVATED TO REQUIRE , A
PUBLIC HEARING
, A RECOMMENDATION, OR A DECISION BY AN ELECTED OR
APPOINTED PUBLIC BODY OR A HEARING OFFICER
.
(b)  N
OTWITHSTANDING SUBSECTION (2)(a) OF THIS SECTION, AN
ADMINISTRATIVE APPROVAL PROCESS MAY REQUIRE AN APPOINTED HISTORIC
PRESERVATION COMMISSION TO MAKE A DECISION
, OR TO MAKE A
RECOMMENDATION TO LOCAL GOVERNMENT ADMINISTRATIVE STAFF
,
REGARDING A DEVELOPMENT APPLICATION INVOLVING A PROPERTY THAT
THE LOCAL GOVERNMENT HAS DESIGNATED AS A HISTORIC PROPERTY
,
PROVIDED THAT:
(I)  T
HE STATE HISTORIC PRESERVATION OFFICE WITHIN HISTORY
COLORADO HAS DESIGNATED THE LOCAL GOVERNMENT AS A CERTIFIED
LOCAL GOVERNMENT
; AND
(II)  THE APPOINTED HISTORIC PRESERVATION COMMISSION 'S
DECISION OR RECOMMENDATION IS BASED ON STANDARDS EITHER SET FORTH
IN LOCAL LAW OR ESTABLISHED BY THE SECRETARY OF THE INTERIOR OF THE
UNITED STATES.
(3)  "A
PPLICABLE TRANSIT PLAN" MEANS A PLAN OF A TRANSIT
AGENCY WHOSE SERVICE TERRITORY IS WITHIN A METROPOLITAN PLANNING
ORGANIZATION
, INCLUDING A SYSTEM OPTIMIZATION PLAN OR A TRANSIT
MASTER PLAN THAT
:
(a)  H
AS BEEN APPROVED BY THE GOVERNING BODY OF A TRANSIT
AGENCY ON OR AFTER 
JANUARY 1, 2019, AND ON OR BEFORE JANUARY 1,
2024;
(b)  I
DENTIFIES THE PLANNED FREQUENCY AND SPAN OF SERVICE FOR
TRANSIT SERVICE OR SPECIFIC TRANSIT ROUTES
; AND
(c)  IDENTIFIES SPECIFIC TRANSIT ROUTES FOR SHORT -TERM
IMPLEMENTATION ACCORDING TO THAT PLAN
, OR IMPLEMENTATION BEFORE
JANUARY 1, 2030.
(4)  "B
US RAPID TRANSIT SERVICE" MEANS A TRANSIT SERVICE:
PAGE 5-HOUSE BILL 24-1313 (a)  THAT IS IDENTIFIED AS BUS RAPID TRANSIT BY A TRANSIT
AGENCY
, IN A METROPOLITAN PLANNING ORGANIZATION 'S FISCALLY
CONSTRAINED LONG RANGE TRANSPORTATION PLAN OR IN AN APPLICABLE
TRANSIT PLAN
; AND
(b)  THAT TYPICALLY INCLUDES ANY NUMBER OF THE FOLLOWING :
(I)  S
ERVICE THAT IS SCHEDULED TO RUN EVERY FIFTEEN MINUTES OR
LESS DURING THE HIGHEST FREQUENCY SERVICE HOURS
;
(II)  D
EDICATED LANES OR BUSWAYS ;
(III)  T
RAFFIC SIGNAL PRIORITY;
(IV)  O
FF-BOARD FARE COLLECTION;
(V)  E
LEVATED PLATFORMS; OR
(VI)  ENHANCED STATIONS.
(5)  "C
OMMUTER BUS RAPID TRANSIT SERVICE " MEANS A BUS RAPID
TRANSIT SERVICE THAT OPERATES FOR A MAJORITY OF ITS ROUTE ON A
FREEWAY WITH ACCESS THAT IS LIMITED TO GRADE
-SEPARATED
INTERCHANGES
.
(6)  "C
OMMUTER RAIL" MEANS A PASSENGER RAIL TRANSIT SERVICE
BETWEEN AND WITHIN METROPOLITAN AND SUBURBAN AREAS
.
(7)  "C
OUNTY" MEANS A COUNTY INCLUDING A HOME RULE COUNTY ,
BUT EXCLUDING A CITY AND COUNTY .
(8)  "D
EPARTMENT" MEANS THE DEPARTMENT OF LOCAL AFFAIRS .
(9)  "D
ISPLACEMENT" MEANS:
(a)  T
HE INVOLUNTARY RELOCATION OF RESIDENTS , PARTICULARLY
LOW
-INCOME RESIDENTS, OR LOCALLY-OWNED COMMUNITY -SERVING
BUSINESSES AND INSTITUTIONS DUE TO
:
(I)  I
NCREASED REAL ESTATE PRICES , RENTS, PROPERTY
PAGE 6-HOUSE BILL 24-1313 REHABILITATION, REDEVELOPMENT, DEMOLITION, OR OTHER ECONOMIC
FACTORS
;
(II)  P
HYSICAL CONDITIONS RESULTING FROM NEGLECT AND
UNDERINVESTMENT THAT RENDER A RESIDENCE UNINHABITABLE
; OR
(III)  PHYSICAL DISPLACEMENT WHEREIN EXISTING HOUSING UNITS
AND COMMERCIAL SPACES ARE LOST DUE TO PROPERTY REHABILITATION
,
REDEVELOPMENT, OR DEMOLITION;
(b)  I
NDIRECT DISPLACEMENT RESULTING FROM CHANGES IN
NEIGHBORHOOD POPULATION
, IF, WHEN LOW-INCOME HOUSEHOLDS MOVE
OUT OF HOUSING UNITS
, THOSE SAME HOUSING UNITS DO NOT REMAIN
AFFORDABLE TO OTHER LOW
-INCOME HOUSEHOLDS IN THE NEIGHBORHOOD ,
OR DEMOGRAPHIC CHANGES THAT REFLECT THE RELOCATION OF EXISTING
RESIDENTS FOLLOWING WIDESPREAD RELOCATION OF THEIR COMMUNITY
AND COMMUNITY
-SERVING ENTITIES.
(10)  "L
IGHT RAIL" MEANS A PASSENGER RAIL TRANSIT SERVICE THAT
USES ELECTRICALLY POWERED RAIL
-BORNE CARS.
(11)  "L
OCAL GOVERNMENT " MEANS A MUNICIPALITY, COUNTY, OR
TRIBAL NATION WITH JURISDICTION IN 
COLORADO.
(12)  "L
OCAL LAW" MEANS ANY CODE, LAW, ORDINANCE, POLICY,
REGULATION, OR RULE ENACTED BY A LOCAL GOVERNMENT THAT GOVERNS
THE DEVELOPMENT AND USE OF LAND
, INCLUDING BUT NOT LIMITED TO LAND
USE CODES
, ZONING CODES, AND SUBDIVISION CODES.
(13)  "M
ETROPOLITAN PLANNING ORGANIZATION " MEANS A
METROPOLITAN PLANNING ORGANIZATION UNDER THE 
"FEDERAL TRANSIT
ACT OF 1998", 49 U.S.C. SEC. 5301 ET SEQ., AS AMENDED.
(14)  "M
UNICIPALITY" MEANS A HOME RULE OR STATUTORY CITY OR
TOWN
, TERRITORIAL CHARTER CITY OR TOWN , OR CITY AND COUNTY.
(15)  "O
BJECTIVE STANDARD" MEANS A STANDARD THAT:
(a)  I
S A DEFINED BENCHMARK OR CRITERION THAT ALLOWS FOR
DETERMINATIONS OF COMPLIANCE TO BE CONSISTENTLY DECIDED
PAGE 7-HOUSE BILL 24-1313 REGARDLESS OF THE DECISION MAKER ; AND
(b)  DOES NOT REQUIRE A SUBJECTIVE DETERMINATION CONCERNING
A DEVELOPMENT PROPOSAL
, INCLUDING BUT NOT LIMITED TO WHETHER THE
APPLICATION FOR THE DEVELOPMENT PROPOSAL IS
:
(I)  C
ONSISTENT WITH MASTER PLANS , OR OTHER DEVELOPMENT
PLANS
;
(II)  C
OMPATIBLE WITH THE LAND USE OR DEVELOPMENT OF THE
AREA SURROUNDING THE AREA DESCRIBED IN THE APPLICATION
; OR
(III)  CONSISTENT WITH PUBLIC WELFARE, COMMUNITY CHARACTER ,
OR NEIGHBORHOOD CHARACTER .
(16)  "R
EGULATED AFFORDABLE HOUSING " MEANS AFFORDABLE
HOUSING THAT
:
(a)  H
AS RECEIVED LOANS, GRANTS, EQUITY, BONDS, OR TAX CREDITS
FROM ANY SOURCE TO SUPPORT THE CREATION
, PRESERVATION, OR
REHABILITATION OF AFFORDABLE HOUSING THAT
, AS A CONDITION OF
FUNDING
, ENCUMBERS THE PROPERTY WITH A RESTRICTED USE COVENANT
OR SIMILAR RECORDED AGREEMENT TO ENSURE AFFORDABILITY
, OR HAS
BEEN INCOME
-RESTRICTED UNDER A LOCAL INCLUSIONARY ZONING
ORDINANCE OR OTHER REGULATION OR PROGRAM
;
(b)  R
ESTRICTS OR LIMITS MAXIMUM RENTAL OR SALE PRICE FOR
HOUSEHOLDS OF A GIVEN SIZE AT A GIVEN AREA MEDIAN INCOME
, AS
ESTABLISHED ANNUALLY BY THE 
UNITED STATES DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT
; AND
(c)  ENSURES OCCUPANCY BY LOW - TO MODERATE -INCOME
HOUSEHOLDS FOR A SPECIFIED PERIOD DETAILED IN A RESTRICTIVE USE
COVENANT OR SIMILAR RECORDED AGREEMENT
.
(17)  "U
NIVERSAL DESIGN" MEANS ANY DWELLING UNIT DESIGNED
AND CONSTRUCTED TO BE SAFE AND ACCESSIBLE FOR ANY INDIVIDUAL
REGARDLESS OF AGE OR ABILITIES
.
(18)  "U
RBAN BUS RAPID TRANSIT SERVICE " MEANS A BUS RAPID
PAGE 8-HOUSE BILL 24-1313 TRANSIT SERVICE THAT OPERATES ON A SURFACE STREET FOR THE MAJORITY
OF ITS ROUTE
.
(19)  "V
ISITABLE UNIT" MEANS A DWELLING UNIT THAT A PERSON
WITH A DISABILITY CAN ENTER
, MOVE AROUND THE PRIMARY ENTRANCE
FLOOR OF
, AND USE THE BATHROOM IN.
PART 2
TRANSIT-ORIENTED COMMUNITIES
29-37-201.  Legislative declaration. (1)  T
HE GENERAL ASSEMBLY
HEREBY FINDS
, DETERMINES, AND DECLARES THAT:
(a)  M
ULTIFAMILY HOUSING IS TYPICALLY MORE AFFORDABLE THAN
SINGLE
-UNIT DWELLINGS. ACCORDING TO THE AMERICAN COMMUNITY
SURVEY, COLORADO MULTIFAMILY UNITS COST BETWEEN FOURTEEN AND
FORTY
-THREE PERCENT LESS TO RENT IN 2019, DEPENDING ON THE SIZE OF
THE BUILDING
, COMPARED TO SINGLE-UNIT DETACHED DWELLINGS .
(b)  A
LLOWING HIGHER DENSITY RESIDENTIAL DEVELOPMENT IS
IMPORTANT FOR THE COST EFFECTIVENESS AND AVAILABILITY OF
AFFORDABLE HOUSING
. AN ANALYSIS OF OVER SIXTY AFFORDABLE HOUSING
PROJECTS FUNDED BY THE 
U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT IN TRANSIT
-ORIENTED AREAS IN COLORADO SINCE 2010
FOUND THAT HALF WERE DEVELOPED AT OVER FIFTY UNITS PER ACRE , AND
TWENTY PERCENT WERE OVER ONE HUNDRED UNITS PER ACRE
.
(c)  T
HROUGHOUT COLORADO, LESS THAN HALF OF AVAILABLE
ZONING CAPACITY IS TYPICALLY UTILIZED
, AND GREATER UTILIZATION OF
ZONING CAPACITY IS NECESSARY TO MEET ANTICIPATED HOUSING NEEDS
.
N
UMEROUS FACTORS CURRENTLY PREVENT DEVELOPMENT FROM FULLY
UTILIZING AVAILABLE ZONING CAPACITY AND ALLOWED DENSITIES
,
INCLUDING SITE LEVEL CONSTRAINTS, FINANCIAL FEASIBILITY AND DEMAND,
AND LANDOWNERS' WILLINGNESS TO SELL OR REDEVELOP.
(d)  C
OLORADO HAS INVESTED SIGNIFICANTLY IN PUBLIC TRANSIT IN
THE LAST SEVERAL DECADES
, FUNDING OVER SIX BILLION DOLLARS ACROSS
EIGHTY
-FIVE MILES OF NEW RAIL LINES. THE INVESTMENTS WILL CONTINUE
IN THE COMING YEARS WITH NEW BUS RAPID TRANSIT AND RAIL SYSTEMS
ALONG THE FRONT RANGE
. DESPITE THESE INVESTMENTS , TRANSIT
PAGE 9-HOUSE BILL 24-1313 RIDERSHIP LAGS BEHIND PEER AGENCIES AROUND THE COUNTRY , DUE AT
LEAST IN PART TO A LACK OF DENSITY NEAR THESE TRANSIT LINES
. BEFORE
THE 
COVID-19 PANDEMIC, THE REGIONAL TRANSPORTATION DISTRICT HAD
TWO AND THREE
-TENTHS RIDES PER VEHICLE REVENUE MILE ON THEIR RAIL
SYSTEM
, COMPARED TO OVER FOUR RIDES PER VEHICLE REVENUE MILE FOR
AGENCIES IN 
MINNEAPOLIS AND PORTLAND AND OVER EIGHT RIDES PER
VEHICLE REVENUE MILE IN 
SEATTLE, ACCORDING TO DATA FROM THE
FEDERAL TRANSIT ADMINISTRATION
'S NATIONAL TRANSIT DATABASE .
(e)  A
LLOWING HIGHER DENSITY RESIDENTIAL DEVELOPMENT NEAR
TRANSIT IS IMPORTANT FOR INCREASING TRANSIT RIDERSHIP AND IMPROVING
THE COST EFFECTIVENESS OF TRANSIT SERVICES
. RESEARCHERS HAVE FOUND
THAT HIGHER BUILT GROSS DENSITIES CITYWIDE INCREASE
COST
-EFFECTIVENESS FOR LIGHT RAIL AND BUS RAPID TRANSIT SERVICES , AS
DESCRIBED IN THE ARTICLE
, "COST OF A RIDE: THE EFFECTS OF DENSITIES
ON 
FIXED-GUIDEWAY TRANSIT RIDERSHIP AND COSTS" BY ERICK GUERRA
AND 
ROBERT CERVERO.
(f)  M
OST LIGHT AND COMMUTER RAIL STATIONS AND FREQUENT BUS
CORRIDORS IN 
COLORADO HAVE LOWER HOUSING UNIT DENSITY THAN IS
NECESSARY TO SUPPORT FREQUENT TRANSIT
. BASED ON 2020 CENSUS BLOCK
HOUSING UNIT DATA
, OVER NINETY PERCENT OF RAIL STATIONS AND
EIGHTY
-FOUR PERCENT OF BUS RAPID TRANSIT AND FREQUENT BUS
CORRIDORS IN 
COLORADO HAVE LESS THAN FIFTEEN HOUSING UNITS PER
ACRE ON AVERAGE WITHIN WALKING DISTANCE
. RESEARCHERS HAVE
GENERALLY FOUND A MINIMUM OF FI FTEEN HOUSING UNITS PER ACRE OF
BUILT DENSITY IS NEEDED TO SUPPORT FREQUENT TRANSIT
.
(g)  L
IVING NEAR TRANSIT, JOBS, AND SERVICES ENABLES
HOUSEHOLDS TO ALSO SAVE ON TRANSPORTATION COSTS BY OWNING FEWER
VEHICLES AND REDUCING FUEL CONSUMPTION
. COLORADANS COMMUTE
OVER FIFTY MINUTES TO AND FROM WORK ON AVERAGE
, ACCORDING TO THE
LATEST 
AMERICAN COMMUNITY SURVEY'S FIVE YEAR ESTIMATES .
A
NALYSES OF TRANSIT -ORIENTED COMMUNITIES HAVE FOUND THAT
RESIDENTS TAKE AN AVERAGE OF FORTY
-FOUR PERCENT FEWER VEHICLE
TRIPS
, ACCORDING TO THE ARTICLE "VEHICLE TRIP REDUCTION IMPACTS OF
TRANSIT-ORIENTED HOUSING" IN THE JOURNAL OF PUBLIC
TRANSPORTATION.
(h)  I
N COLORADO, HOUSEHOLDS IN MORE DENSE AREAS , WHICH ARE
PAGE 10-HOUSE BILL 24-1313 DEFINED AS CENSUS TRACTS WITH MORE THAN FOUR THOUSAND UNITS PER
SQUARE MILE OR ABOUT FIFTEEN UNITS PER ACRE
, DRIVE TWENTY PERCENT
LESS THAN THE STATE AVERAGE
, AND HIGHER DENSITY AREAS , CENSUS
TRACTS WITH MORE THAN TEN THOUS AND UNITS PER SQUARE MILE OR ABOUT
FORTY UNITS PER ACRE
, DRIVE FORTY PERCENT LESS THAN THE STATE
AVERAGE
, ACCORDING TO DATA FROM THE 2017 NATIONAL HOUSEHOLD
TRAVEL SURVEY
;
(i)  H
IGH TRANSPORTATION COSTS IMPACT LOW -INCOME HOUSEHOLDS
IN PARTICULAR
. HOUSEHOLDS MAKING LESS THAN FORTY THOUSAND
DOLLARS PER YEAR IN THE WESTERN 
UNITED STATES ARE SPENDING OVER
TWENTY
-FOUR PERCENT OF THEIR INCOME ON TRANSPORTATION , WHEN
SPENDING MORE THAN FIFTEEN PERCENT OF INCOME ON TRANSPORTATION IS
CONSIDERED COST BURDENED
, ACCORDING TO DATA FROM THE BUREAU OF
LABOR STATISTICS CONSUMER EXPENDITURE SURVEYS
.
(j)  I
N ADDITION TO SAVING ON TRANSPORTATION COSTS BY LIVING
NEAR TRANSIT
, OWNING FEWER VEHICLES AND TRAVELING TO WORK AND
ACCESSING SERVICES WITHOUT DRIVING OR DRIVING LESS REDUCES
GREENHOUSE GAS EMISSIONS AND AIR POLLUTION
, WHICH IMPACTS AIR
QUALITY NOT JUST IN TRANSIT
-ORIENTED COMMUNITIES BUT IN GREATER
REGIONS ACROSS THE STATE
;
(k)  I
N COLORADO, HOUSEHOLD ENERGY DEMAND ON AVERAGE IS
SEVENTY PERCENT LESS FOR MULTIFAMILY HOUSING COMPARED TO
SINGLE
-UNIT DETACHED DWELLINGS , ACCORDING TO THE NATIONAL
RENEWABLE ENERGY LABORATORY RESTOCK ANALYSIS TOOL
;
(l)  S
CENARIOS ANALYZED FOR THE "COLORADO WATER AND
GROWTH DIALOGUE FINAL REPORT" WITH HIGHER PERCENTAGE OF FUTURE
HOUSING SHIFTING TO HIGHER DENSITIES WERE ESTIMATED TO ACHIEVE A
TOTAL DECREASE IN WATER DEMAND BETWEEN FOUR AND EIGHT TENTHS
PERCENT AND NINETEEN AND FOUR TENTHS PERCENT
;
(m)  N
ATIONAL STUDIES, SUCH AS THE ARTICLE "RELATIONSHIPS
BETWEEN 
DENSITY AND PER CAPITA MUNICIPAL SPENDING IN THE UNITED
STATES", PUBLISHED IN URBAN SCIENCE, HAVE FOUND THAT LOWER
DENSITY COMMUNITIES HAVE HIGHER GOVERNMENT CAPITAL AND
MAINTENANCE COSTS FOR WATER
, SEWER, AND TRANSPORTATION
INFRASTRUCTURE AND LOWER PROPERTY AND SALES TAX REVENUE
. THESE
PAGE 11-HOUSE BILL 24-1313 INCREASED COSTS ARE OFTEN BORNE BY BOTH STATE AND LOCAL
GOVERNMENTS
.
(n)  A
 STUDY FOR A MUNICIPALITY IN COLORADO FOUND THAT
DOUBLING THE AVERAGE RESIDENTIAL DENSITY FOR FUTURE GROWTH
WOULD SAVE THIRTY
-ONE PERCENT IN CAPITAL AND MAINTENANCE COSTS
OVER TWENTY YEARS
;
(o)  A
CCORDING TO A 2022 ARTICLE TITLED "DOES DISCRETION
DELAY DEVELOPMENT?" IN THE JOURNAL OF THE AMERICAN PLANNING
ASSOCIATION, RESIDENTIAL PROJECTS USING ADMINISTRATIVE APPROVAL
PROCESSES ARE APPROVED TWENTY
-EIGHT PERCENT FASTER THAN THOSE
USING DISCRETIONARY APPROVAL PROCESSES
, AND FASTER APPROVAL TIMES
REDUCE DEVELOPER COSTS AND THEREFORE HOUSING COSTS
. STUDIES HAVE
SHOWN THAT HOMEBUILDERS
, INCLUDING AFFORDABLE HOUSING
DEVELOPERS
, WILL AVOID PARCELS THAT NEED TO GO THROUGH A
DISCRETIONARY PROCESS
.
(p)  C
OMMUNITY OPPOSITION TO SPECIFIC AFFORDABLE HOUSING
DEVELOPMENTS FREQUENTLY CAUSES DELAYS
, INCREASES COSTS, REDUCES
THE NUMBER OF HOUSING UNITS DELIVERED
, PUSHES SITING OF AFFORDABLE
HOUSING TO LESS OPPORTUNITY
-RICH AREAS, AND PREVENTS
DEVELOPMENTS FROM OCCURRING ALTOGETHER
, ACCORDING TO STUDIES
SUCH AS 
"DEMOCRACY IN ACTION? NIMBY AS IMPEDIMENT TO EQUITABLE
AFFORDABLE HOUSING SITING" IN THE JOURNAL HOUSING STUDIES;
(q)  R
ESEARCHERS HAVE FOUND THAT UPWARD MOBILITY IS
SIGNIFICANTLY GREATER IN MORE COMPACT DEVELOPMENT AREAS THAN IN
LOW
-DENSITY AREAS, PRIMARILY DUE TO BETTER JOB ACCESSIBILITY BY
MULTIPLE TRANSPORTATION MODES
, ACCORDING TO THE STUDY "DOES
URBAN SPRAWL HOLD DOWN UPWARD MOBILITY?", PUBLISHED IN THE
JOURNAL OF LANDSCAPE AND URBAN PLANNING;
(r)  T
RANSIT-ORIENTED DEVELOPMENT , INCLUDING CONNECTING
HOUSING OPPORTUNITIES AND SERVICES WITH SAFE MULTIMODAL
INFRASTRUCTURE AND PUBLIC TRANSIT
, IMPROVES THE ACCESSIBILITY OF
CITIES FOR PEOPLE WITH DISABILITIES AND THOSE WITH LIMITED MOBILITY
.
P
EOPLE WITH DISABILITIES ARE MORE LIKELY TO LIVE IN HOUSEHOLDS WITH
ZERO CARS
, ARE LESS LIKELY TO DRIVE, AND ARE MORE LIKELY TO RELY ON
PUBLIC TRANSIT OR PARATRANSIT
, ACCORDING TO THE 2017 "NATIONAL
PAGE 12-HOUSE BILL 24-1313 HOUSEHOLD TRAVEL SURVEY";
(s)  A
CCORDING TO THE GREENHOUSE GAS POLLUTION REDUCTION
ROADMAP PUBLISHED BY THE 
COLORADO ENERGY OFFICE, DATED JANUARY
14, 2021, THE TRANSPORTATION SECTOR IS THE SINGLE LARGEST SOURCE OF
GREENHOUSE GAS POLLUTION IN 
COLORADO. NEARLY SIXTY PERCENT OF
THE GREENHOUSE GAS EMISSIONS FROM THE TRANSPORTATION SECTOR COME
FROM LIGHT
-DUTY VEHICLES, WHICH ARE THE MAJORITY OF CARS AND
TRUCKS THAT 
COLORADANS DRIVE EVERY DAY .
(t)  M
OTOR VEHICLE POLLUTION , INCLUDING GREENHOUSE GAS
EMISSIONS
, DOES NOT STAY WITHIN THE GEOGRAPHIC BOUNDARIES OF THE
LOCAL GOVERNMENT WH ERE IT IS EMITTED
;
(u)  T
HE GREENHOUSE GAS TRANSPORTATION PLANNING STANDARD
ADOPTED BY THE TRANSPORTATION COMMISSION OF 
COLORADO IN 2021 SET
A STATEWIDE TARGET TO REDUCE TRANSPORTATION GREENHOUSE GAS
EMISSIONS THROUGH THE TRANSPORTATION PLANNING PROCESS BY ONE
MILLION FIVE HUNDRED THOUSAND TONS BY 
2030; AND
(v)  THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY HAS
CLASSIFIED THE 
DENVER METRO AND NORTH FRONT RANGE AREA AS BEING
IN SEVERE NON
-ATTAINMENT FOR OZONE AND GROUND LEVEL OZONE , WHICH
HAS SERIOUS IMPACTS ON HUMAN HEALTH
, PARTICULARLY FOR VULNERABLE
POPULATIONS
.
(2)  T
HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT :
(a)  T
HE CONSEQUENCES OF COMMUNITY OPPOSITION AND LOCAL
LAND USE POLICIES THAT LIMIT HOUSING SUPPLY IN TRANSIT
-ORIENTED
COMMUNITIES IMPACT HOUSING OPTIONS FOR 
COLORADANS OF LOW AND
MODERATE INCOMES AND WORKFORCE HOUSING TO SUPPORT EMPLOYMENT
GROWTH
. INCREASING HIGHER-DENSITY HOUSING IN TRANSIT -ORIENTED
COMMUNITIES ENSURES STABLE QUANTITY AND QUALITY OF HOUSING FOR
EVERYONE AND CORRECTS POLICIES THAT PERPETUATE SEGREGATED AND
UNEQUAL COMMUNITIES
, REDUCED MOBILITY AND LONG COMMUTES ,
REDUCED OPTIONS FOR OLDER ADULTS TO AGE IN THEIR COMMUNITY OF
CHOICE
, LOSS OF OPEN SPACE AND AGRICULTURAL LAND , HIGH WATER
USAGE
, AND INCREASED GREENHOUSE GAS AND AIR POLLUTION .
PAGE 13-HOUSE BILL 24-1313 (b)  THERE IS AN EXTRATERRITORIAL IMPACT WHEN LOCAL
GOVERNMENTS RESTRICT HOUSING DEVELOPMENT WITHIN THEIR
JURISDICTIONS
. THE CALL FOR JOB GROWTH IN ONE COMMUNITY THAT DOES
NOT ALSO ADDRESS THE NEED FOR ADDITIONAL HOUSING AFFECTS THE
DEMAND OF HOUSING DEVELOPMENT IN NEIGHBORING JURISDICTIONS
. IN
COLORADO, THE NUMBER OF JOBS WITHIN LARGE MUNICIPALITIES IS
GENERALLY CORRELATED TO THE MUNICIPALITY
'S TRANSIT SERVICE, AND
RESEARCH HAS SHOWN THAT REGIONAL IMBALANCES BETWEEN JOBS AND
HOUSING HAVE A SIGNIFICANT IMPACT ON VEHICLE MILES TRAVELED AND
COMMUTE TIMES ACROSS JURISDICTIONS
, ACCORDING TO STUDIES SUCH AS
"WHICH REDUCES VEHICLE TRAVEL MORE: JOBS-HOUSING BALANCE OR
RETAIL-HOUSING MIXING?", PUBLISHED IN THE JOURNAL OF THE AMERICAN
PLANNING ASSOCIATION. WHEN PEOPLE ARE UNABLE TO LIVE NEAR WHERE
THEY WORK
, WORKERS HAVE NO OPTIONS BUT TO SPEND MORE HOURS ON
THE ROAD COMMUTING TO AND FROM WORK
. THE LONGER COMMUTE
INCREASES VEHICLE TRAFFIC AND PUTS ADDITIONAL STRAIN ON 
COLORADO'S
ROADS AND INCREASES POLLUTION
.
(c)  T
HE AVAILABILITY OF AFFORDABLE HOUSING IS A MATTER OF
MIXED STATEWIDE AND LOCAL CONCERN
. THEREFORE, IT IS THE INTENT OF
THE GENERAL ASSEMBLY IN ENACTING THIS PART 
2 TO:
(I)  P
ROVIDE FUNDING FOR INFRASTRUCTURE AND AFFORDABLE
HOUSING TO SUPPORT LOCAL GOVERNMENTS WHOSE ZONING DOES MEET THE
GOALS OF THIS PART 
2, AND TO ENCOURAGE MORE DENSE MULTIFAMILY
HOUSING DEVELOPMENT PROJECTS THAT CAN ADDRESS THE STATE
'S HOUSING
SHORTAGE FOR ALL PARTS OF THE INCOME SPECTRUM
, AND SUPPORT MORE
FISCALLY AND ENVIRONMENTALLY SUSTAINABLE DEVELOPMENT PATTERNS
;
(II)  I
MPROVE REGIONAL COLLABORATION AND OUTCOMES BY
REDUCING THE ABILITY OF INDIVIDUAL LOCAL GOVERNMENTS
' LAND USE
RESTRICTIONS TO NEGATIVELY INFLUENCE REGIONAL CONCERNS SUCH AS
HOUSING AFFORDABILITY
, OPEN SPACE, TRAFFIC, AND AIR POLLUTION; AND
(III)  COLORADO HAS A LEGITIMATE STATE INTEREST IN MANAGING
POPULATION AND DEVELOPMENT GROWTH AND ENSURING STABLE QUALITY
AND QUANTITY OF HOUSING FOR 
COLORADANS; AND
(d)  COLORADO HAS A LEGITIMATE STATE INTEREST IN MANAGING
POPULATION AND DEVELOPMENT GROWTH AND ENSURING STABLE QUALITY
PAGE 14-HOUSE BILL 24-1313 AND QUANTITY OF HOUSING FOR COLORADANS AS THIS IS AMONG THE MOST
PRESSING PROBLEMS CURRENTLY FACING COMMUNITIES THROUGHOUT
COLORADO.
(3)  T
HEREFORE, THE GENERAL ASSEMBLY FINDS, DETERMINES, AND
DECLARES THAT THE LACK OF HOUSING SUPPLY AND UNSUSTAINABLE
DEVELOPMENT PATTERNS REQUIRE A STATEWIDE SOLUTION THAT ADDRESSES
LOCAL GOVERNMENT POLICIES THAT EFFECTIVELY LIMIT THE CONSTRUCTION
OF A DIVERSE RANGE OF HOUSING TYPES IN AREAS ALREADY SERVED BY
INFRASTRUCTURE OR IN CLOSE PROXIMITY TO JOBS AND PUBLIC TRANSIT
,
ALONG WITH A LACK OF FUNDING FOR INFRASTRUCTURE AND AFFORDABLE
HOUSING NEAR TRANSIT
-ORIENTED COMMUNITIES.
(4)  T
HEREFORE, THE GENERAL ASSEMBLY DECLARES THAT
INCREASING HOUSING IN TRANSIT
-ORIENTED COMMUNITIES IS A MATTER OF
MIXED STATEWIDE AND LOCAL CONCERN
.
29-37-202.  Definitions. A
S USED IN THIS PART 2, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(1)  "C
ERTIFIED TRANSIT-ORIENTED COMMUNITY " MEANS A
TRANSIT
-ORIENTED COMMUNITY THAT HAS MET THE REQUIREMENTS OF
SECTION 
29-37-204 (4).
(2)  "E
XEMPT PARCEL" MEANS:
(a)  A
NY PARCEL THAT A TRANSIT -ORIENTED COMMUNITY HAS
APPLIED TO THE DEPARTMENT FOR QUALIFICATION AS AN EXEMPT PARCEL
BECAUSE THE TRANSIT
-ORIENTED COMMUNITY BELIEVES THE PARCEL
CANNOT BE DEVELOPED FOR REASONS INCLUDING HEALTH AND SAFETY
,
TOPOGRAPHY, OR PRACTICAL LIMITATIONS AND FOR WHICH THE
DEPARTMENT HAS APPROVED THE TRANSIT
-ORIENTED COMMUNITY 'S
APPLICATION ACCORDING TO A PROCESS ESTABLISHED BY POLICIES AND
PROCEDURES DEVELOPED BY THE DEPARTMENT
;
(b)  A
 PARCEL THAT, AS OF JANUARY 1, 2024, IS NOT SERVED BY A
DOMESTIC WATER AND SEWAGE TREATMENT SYSTEM
, AS DEFINED IN
SECTION 
24-65.1-104 (5), IS SERVED BY A WELL THAT IS NOT CONNECTED TO
A WATER DISTRIBUTION SYSTEM
, AS DEFINED IN SECTION 25-9-102 (6), OR IS
SERVED BY A SEPTIC TANK
, AS DEFINED IN SECTION 25-10-103 (18);
PAGE 15-HOUSE BILL 24-1313 (c)  ANY PART OF A PARCEL THAT , AS OF JANUARY 1, 2024, IS
LOCATED WITHIN AN UNINCORPORATED AREA AS DEFINED IN SECTION
29-37-202 (12)(d)(II), AND IS SERVED BY A DOMESTIC WATER AND SEWAGE
TREATMENT SYSTEM
, AS DEFINED IN SECTION 24-65.1-104 (5), THAT IS
OWNED BY A MUNICIPALITY
;
(d)  A
 PARCEL THAT, AS OF JANUARY 1, 2024, IS IN AN
AGRICULTURAL
, FORESTRY, NATURAL RESOURCE PRESERVATION , OR OPEN
SPACE ZONING DISTRICT
;
(e)  A
 PARCEL THAT, AS OF JANUARY 1, 2024, IS ZONED OR USED
PRIMARILY FOR INDUSTRIAL USE
, WHICH, FOR PURPOSES OF THIS SUBSECTION
(1)(d), MEANS A BUSINESS USE OR ACTIVITY AT A SCALE GREATER THAN
HOME INDUSTRY INVOLVING MANUFACTURING
, FABRICATION, MINERAL OR
GRAVEL EXTRACTION
, ASSEMBLY, WAREHOUSING, OR STORAGE, AND
PARCELS THAT ARE IDENTIFIED WITHIN THE 
UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY
'S TOXIC RELEASE INVENTORY;
(f)  A
NY PART OF A PARCEL THAT, AS OF JANUARY 1, 2024, IS IN A
FLOODWAY OR IN A ONE HUNDRED
-YEAR FLOODPLAIN, AS IDENTIFIED BY THE
FEDERAL EMERGENCY MANAGEMENT AGENCY
;
(g)  A
NY PART OF A PARCEL THAT , AS OF JANUARY 1, 2024, IS
SUBJECT TO AN EASEMENT FOR A MAJOR ELECTRIC OR NATURAL GAS
FACILITY
, AS DEFINED IN SECTION 29-20-108 (3);
(h)  A
 PARCEL THAT, AS OF JANUARY 1, 2024, IS USED AS A
CEMETERY
, AS DEFINED IN SECTION 31-25-701 (2);
(i)  A
NY PART OF A PARCEL THAT, AS OF JANUARY 1, 2024, IS SUBJECT
TO A CONSERVATION EASEMENT
;
(j)  A
 PARCEL OR EASEMENT THAT, AS OF JANUARY 1, 2024, IS OWNED
BY
, USED AS, OR OPERATED BY AN AIRPORT;
(k)  A
 PUBLIC OR RAILROAD RIGHT-OF-WAY THAT EXISTS AS OF
JANUARY 1, 2024;
(l)  A
 PARCEL THAT, AS OF JANUARY 1, 2024, IS USED AS A MOBILE
HOME PARK
, AS DEFINED IN SECTION 38-12-201.5 (6);
PAGE 16-HOUSE BILL 24-1313 (m)  A PARCEL THAT IS:
(I)  W
ITHIN A TRANSIT STATION AREA;
(II)  S
EPARATED BY A STATE-OWNED LIMITED-ACCESS HIGHWAY OR
RAILROAD TRACK FROM ALL EXITS TO THE TRANSIT STATION THAT IS USED
TO ESTABLISH THE TRANSIT STATION AREA REFERENCED IN SUBSECTION
(1)(j)(I) OF THIS SECTION; AND
(III)  WHOLLY BEYOND AN AREA THAT IS REACHABLE BY A PERSON
WALKING A DISTANCE OF NO MORE THAN ONE
-HALF MILE FROM THE TRANSIT
STATION REFERENCED IN SUBSECTION
 (1)(j)(II) OF THIS SECTION, AS
DESIGNATED BY THE WALKSHED MAP PUBLISHED BY THE DEPARTMENT
PURSUANT TO SECTION
 29-35-207 (1)(e);
(n)  A
 PARCEL THAT, AS OF JANUARY 1, 2024, IS OWNED BY A
FEDERAL
, STATE, OR LOCAL GOVERNMENT ENTITY ;
(o)  A
NY PART OF A PARCEL THAT, AS OF JANUARY 1, 2024, INCLUDES
LAND THAT IS PARK AND OPEN SPACE
, AS DEFINED IN SECTION 29-7.5-103
(2);
(p)  A
 PARCEL THAT AS OF JANUARY 1, 2024, IS OWNED BY A SCHOOL
DISTRICT
, AS DEFINED IN SECTION 22-30-103 (13); OR
(q)  ANY PART OF A PARCEL'S ZONING CAPACITY WHERE RESIDENTIAL
USE IS PREVENTED OR LIMITED TO LESS THAN FORTY DWELLING UNITS PER
ACRE BY STATE REGULATION
, FEDERAL REGULATION, OR DEED RESTRICTION
PURSUANT TO EITHER
:
(I)  F
EDERAL AVIATION ADMINISTRATION RESTRICTIONS PURSUANT
TO 
14 CFR PART 77;
(II)  A
N ENVIRONMENTAL COVENANT PURSUANT TO SECTION
25-15-318 TO SECTION 25-15-323; OR
(III)  RESTRICTIONS WITHIN A FLAMMABLE GAS OVERLAY ZONING
DISTRICT
.
(3)  "H
OUSING OPPORTUNITY GOAL" MEANS A GOAL FOR THE ZONING
PAGE 17-HOUSE BILL 24-1313 CAPACITY FOR RESIDENTIAL UNITS IN A TRANSIT-ORIENTED COMMUNITY. A
LOCAL GOVERNMENT SHALL CALCULATE ITS HOUSING OPPORTUNITY GOAL
PURSUANT TO SECTION 
29-37-204 (2).
(4)  "M
IXED-USE PEDESTRIAN-ORIENTED NEIGHBORHOOD" MEANS AN
AREA THAT INTEGRATES LAND USE TYPES THAT INCLUDE RESIDENTIAL AND
NONRESIDENTIAL USES WITHIN A WALKABLE NEIGHBORHOOD
.
(5)  "N
EIGHBORHOOD CENTER" MEANS AN AREA THAT BOTH MEETS
THE REQUIREMENTS OF SECTION 
29-37-206 AND IS DESIGNATED AS A
NEIGHBORHOOD CENTER BY A LOCAL GOVERNMENT
.
(6)  "N
ET HOUSING DENSITY" MEANS THE NUMBER OF RESIDENTIAL
UNITS ALLOWED PER ACRE OF LAND ON PARCELS THAT ALLOW FOR
RESIDENTIAL DEVELOPMENT
. IN CALCULATING NET HOUSING DENSITY FOR
AN AREA
, A LOCAL GOVERNMENT SHALL INCORPORATE ANY DIMENSIONAL
OR OTHER RESTRICTIONS IN LOCAL LAWS USED TO REGULATE ALLOWED
DENSITY IN THE AREA
, INCLUDING BUT NOT LIMITED TO RESTRICTIONS
RELATED TO UNITS PER ACRE
, LOT AREA PER UNIT, LOT COVERAGE, SITE
LEVEL OPEN SPACE REQUIREMENTS
, FLOOR AREA RATIOS , SETBACKS,
MINIMUM PARKING REQUIREMENTS , AND MAXIMUM HEIGHT . NOTHING IN
THIS SUBSECTION 
(5) MEANS THAT, IN CALCULATING NET HOUSING DENSITY
FOR AN AREA
, A LOCAL GOVERNMENT SHALL INCLUDE AN AREA OF AN
INDIVIDUAL PARCEL REQUIRED FOR STORMWATER DRAINAGE OR A UTILITY
EASEMENT
.
(7)  "O
PTIONAL TRANSIT AREA" MEANS THE TOTAL AREA, MEASURED
IN ACRES
, WITHIN A TRANSIT-ORIENTED COMMUNITY THAT IS WITHIN
ONE
-QUARTER MILE OF A PUBLIC BUS ROUTE OR BUS RAPID TRANSIT
CORRIDOR AS IDENTIFIED IN THE CRITERIA IN SUBSECTION 
29-37-207 (4).
(8)  "T
RANSIT AREA" MEANS BOTH A TRANSIT STATION AREA , AS
DEFINED IN SUBSECTION 
(12) OF THIS SECTION, OR A TRANSIT CORRIDOR
AREA
, AS DEFINED IN SUBSECTION (10) OF THIS SECTION.
(9)  "T
RANSIT CENTER" MEANS AN AREA THAT BOTH MEETS THE
REQUIREMENTS OF SECTION 
29-37-205 AND IS DESIGNATED AS A TRANSIT
CENTER BY A TRANSIT
-ORIENTED COMMUNITY .
(10)  "T
RANSIT CORRIDOR AREA " MEANS THE TOTAL AREA ,
PAGE 18-HOUSE BILL 24-1313 MEASURED IN ACRES, WITHIN A TRANSIT-ORIENTED COMMUNITY THAT IS
WITHIN ONE
-QUARTER MILE OF A PUBLIC BUS ROUTE AS IDENTIFIED IN THE
CRITERIA IN SECTION 
29-37-207 (3).
(11)  "T
RANSIT-ORIENTED COMMUNITY " MEANS A LOCAL
GOVERNMENT THAT
:
(a)  I
S EITHER ENTIRELY OR PARTIALLY WITHIN A METROPOLITAN
PLANNING ORGANIZATION
;
(b)  H
AS A POPULATION OF FOUR THOUSAND OR MORE ACCORDING TO
THE MOST RECENT DATA FROM THE STATE DEMOGRAPHY OFFICE
;
(c)  C
ONTAINS AT LEAST SEVENTY-FIVE ACRES OF TRANSIT AREA; AND
(d)  IF THE LOCAL GOVERNMENT IS A COUNTY , CONTAINS EITHER:
(I)  A
 PART OF A TRANSIT STATION AREA THAT IS BOTH IN AN
UNINCORPORATED PART OF THE COUNTY AND WITHIN ONE
-HALF MILE OF A
TRANSIT STATION THAT SERVES ONE OR BOTH OF A COMMUTER RAIL OR A
LIGHT RAIL SERVICE
; OR
(II)  A PART OF A TRANSIT CORRIDOR AREA THAT IS BOTH IN AN
UNINCORPORATED PART OF THE COUNTY AND FULLY SURROUNDED BY ONE
OR MORE MUNICIPALITIES
.
(12)  "T
RANSIT STATION AREA" MEANS THE TOTAL AREA, MEASURED
IN ACRES
, WITHIN A TRANSIT-ORIENTED COMMUNITY THAT IS WITHIN
ONE
-HALF MILE OF A STATION, AS IDENTIFIED IN THE CRITERIA IN SECTION
29-37-207 (2).
(13)  "Z
ONING CAPACITY" MEANS THE TOTAL NUMBER OF HOUSING
UNITS ALLOWED IN AN AREA
, AS LIMITED BY THE RESTRICTIONS IN LOCAL
LAW THAT REGULATE DENSITY IN THAT AREA
, AND AS CALCULATED BY
TOTALING THE NET HOUSING DENSITY OF ALL PARCELS WITHIN THE AREA
.
(14)  "Z
ONING CAPACITY BUFFER" MEANS THE RATIO OF THE NUMBER
OF HOUSING UNITS ANTICIPATED TO BE CONSTRUCTED IN AN AREA TO THE
ZONING CAPACITY OF THE AREA
.
PAGE 19-HOUSE BILL 24-1313 29-37-203.  Department of local affairs collaboration - goals -
transit-oriented community authority. (1)  A
S DETERMINED TO BE
APPROPRIATE BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT
, THE
DEPARTMENT SHALL COLLABORATE WITH THE DEPARTMENT OF
TRANSPORTATION AND THE 
COLORADO ENERGY OFFICE IN FULFILLING THE
REQUIREMENTS AND GOALS OF THIS PART 
2.
(2)  T
HE GOALS OF THIS PART 2 ARE TO:
(a)  I
NCREASE OPPORTUNITIES TO CONSTRUCT HOUSING NEAR
TRANSIT IN ORDER TO PROVIDE BENEFITS INCLUDING REGULATED
AFFORDABLE HOUSING
, ACCESSIBLE HOUSING, REGIONAL EQUITY THROUGH
A BALANCE OF JOBS AND HOUSING
, IMPROVED AND EXPANDED TRANSIT
SERVICE
, AND MULTIMODAL ACCESS TO DAILY NEEDS WITHIN MIXED -USE
PEDESTRIAN
-ORIENTED NEIGHBORHOODS ; AND
(b)  INCREASE OPPORTUNITIES FOR HOUSING PRODUCTION BY
PROVIDING APPROPRIATE ZONING CAPACITY BUFFERS
.
(3)  N
OTHING IN THIS PART 2 PREVENTS A TRANSIT-ORIENTED
COMMUNITY
, OR OTHER RELEVANT ENTITY, FROM:
(a)  E
NFORCING INFRASTRUCTURE STANDARDS IN LOCAL LAW THAT
RESULT IN THE DENIAL OR CONDITIONING OF PERMITS OR APPROVALS FOR
SPECIFIC HOUSING PROJECTS IN A TRANSIT CENTER
, INCLUDING BUT NOT
LIMITED TO UTILITIES
, TRANSPORTATION, OR PUBLIC WORKS CODES OR
STANDARDS
;
(b)  A
DOPTING GENERALLY APPLICABLE REQUIREMENTS FOR THE
PAYMENT OF IMPACT FEES OR OTHER SIMILAR DEVELOPMENT CHARGES
, IN
ACCORDANCE WITH SECTION 
29-20-104.5, OR THE MITIGATION OF IMPACTS
IN ACCORDANCE WITH PART 
2 OF ARTICLE 20 OF THIS TITLE 29;
(c)  A
PPROVING A DEVELOPMENT APPLICATION AT A LOWER NET
HOUSING DENSITY THAN THE MAXIMUM ALLOWED NET HOUSING DENSITY
;
(d)  A
LLOWING A HIGH AMOUNT OF ZONING CAPACITY IN ONE TRANSIT
AREA
, WHILE ALLOWING A VERY LOW AMOUNT OF OR NO ZONING CAPACITY
IN ANOTHER TRANSIT AREA
;
PAGE 20-HOUSE BILL 24-1313 (e)  IMPLEMENTING DISCRETIONARY APPROVAL PROCESSES FOR
SUBDIVISIONS
, REZONINGS, VARIANCES, OR OTHER PROCESSES IN TRANSIT
CENTERS OUTSIDE OF PROJECT
-SPECIFIC ZONING STANDARDS;
(f)  C
REATING AN OPTIONAL DISCRETIONARY REVIEW PROCESS THAT
MAY APPROVE GREATER DENSITY OR OTHER MORE PERMISSIVE STANDARDS
THAN THE OBJECTIVE STANDARDS SUBJECT TO ADMINISTRATIVE APPROVAL
IN A TRANSIT CENTER
;
(g)  C
REATING A DISCRETIONARY REVIEW PROCESS IN TRANSIT
CENTERS THAT IS AVAILABLE AT THE APPLICANT
'S OPTION AND IS SUBJECT
TO CRITERIA CONSISTENT WITH THE PURPOSES OF THIS PART 
2 AS
ESTABLISHED IN SUBSECTION 
(2) OF THIS SECTION, INCLUDING PROCESSES
SUCH AS PLANNED UNIT DEVELOPMENTS
;
(h)  N
OT PUBLICLY DISCLOSING ANY CONFIDENTIAL INFORMATION
RELATED TO WATER SUPPLIES OR FACILITIES
;
(i)  A
LLOWING COMMERCIAL USES , BUSINESS USES, OR MIXED-USE
DEVELOPMENT ON A PARCEL IN A DESIGNATED TRANSIT CENTER
; AND
(j)  DENYING OR CONDITIONING DEVELOPMENT PROJECTS OR
BUILDING PERMIT APPROVALS FOR A FAILURE TO MEET THE REQUIREMENTS
OF A TRAFFIC STUDY THAT IS CONDUCTED USING OBJECTIVE STANDARDS
.
29-37-204.  Transit-oriented community housing opportunity
goal calculation - preliminary transit-oriented community assessment
report - housing opportunity goal compliance - insufficient water
supplies for meeting a housing opportunity goal - affordability and
displacement mitigation strategies - housing opportunity goal report -
legislative declaration. (1)  Legislative declaration. T
HE GENERAL
ASSEMBLY HEREBY FINDS AND DECLARES THAT
:
(a)  T
RANSIT RIDERSHIP, LAND USE DEVELOPMENT PATTERNS ,
AFFORDABILITY AND AVAILABILITY OF HOUSING , ROADS, AND GREENHOUSE
GAS EMISSIONS FROM THE TRANSPORTATION SECTOR ARE INTERCONNECTED
ISSUES THAT HAVE IMPACTS AND CONCERNS WELL BEYOND THE BORDERS OF
A SINGLE LOCAL COMMUNITY
;
(b)  C
OLORADO HAS AN INTEREST IN ENSURING A STABLE QUANTITY
PAGE 21-HOUSE BILL 24-1313 AND QUALITY OF HOUSING IN ALIGNMENT WITH POPULATION GROWTH AND
ENSURING THAT SHARED RESOURCES
, INVESTMENTS, AND GOALS SUCH AS
ROADS
, INFRASTRUCTURE, TRANSIT, AIR QUALITY, WATER, AND GREENHOUSE
GAS MITIGATION
, ARE PROTECTED IN THE PROCESS; AND
(c)  INCREASING HOUSING DENSITY IN TRANSIT -ORIENTED
COMMUNITIES IS A MATTER OF MIXED STATEWIDE AND LOCAL CONCERN
THAT REQUIRES STATEWIDE COOPERATION
.
(2)  Housing opportunity goal calculation. A
 TRANSIT-ORIENTED
COMMUNITY SHALL CALCULATE ITS HOUSING OPPORTUNITY GOAL BY
MULTIPLYING THE TOTAL AREA OF THE TRANSIT AREAS
, AS DEFINED IN THE
TRANSIT AREAS MAP CREATED PURSUANT TO SECTION 
29-37-207 (1), WITHIN
THE LOCAL GOVERNMENT
'S JURISDICTION, EXCLUSIVE OF THE EXEMPT
PARCELS IN THOSE TRANSIT AREAS
, BY FORTY DWELLING UNITS PER ACRE.
(3) Preliminary transit-oriented community assessment report.
(a)  O
N OR BEFORE JUNE 30, 2025, A TRANSIT-ORIENTED COMMUNITY SHALL ,
IN A FORM AND MANNER DETERMINED BY THE DEPARTMENT , SUBMIT A
PRELIMINARY TRANSIT
-ORIENTED COMMUNITY ASSESSMENT REPORT THAT
INCLUDES
:
(I)  T
HE TRANSIT-ORIENTED COMMUNITY 'S HOUSING OPPORTUNITY
GOAL AND THE DATA AND METHOD THE TRANSIT
-ORIENTED COMMUNITY
USED TO CALCULATE ITS HOUSING OPPORTUNITY GOAL
; AND
(II)  A MAP OF EXISTING ZONING DISTRICTS WITHIN THE
TRANSIT
-ORIENTED COMMUNITY THAT MAY QUALIFY AS TRANSIT CENTERS
AND PRELIMINARY EVIDENCE FOR THIS QUALIFICATION INCLUDING THE
STANDARDS APPLICABLE TO THESE ZONING DISTRICTS
.
(b)  I
F APPLICABLE, A TRANSIT-ORIENTED COMMUNITY MAY INCLUDE
IN THE REPORT DESCRIBED IN SUBSECTION
 (3)(a) OF THIS SECTION ANY
AFFORDABILITY OR DISPLACEMENT STRATEGIES THAT THE
TRANSIT
-ORIENTED COMMUNITY HAS IMPLEMENTED .
(c)  T
HE DEPARTMENT SHALL REVIEW A PRELIMINARY
TRANSIT
-ORIENTED COMMUNITY ASSESSMENT REPORT SUBMITTED BY A
TRANSIT
-ORIENTED COMMUNITY PURSUANT TO THIS SUBSECTION (3) AND
EITHER PROVIDE WRITTEN NOTICE APPROVING THE REPORT OR PROVIDE
PAGE 22-HOUSE BILL 24-1313 DIRECTION FOR AMENDING AND RESUBMITTING THE REPORT .
(4)  Housing opportunity goal compliance. O
N OR BEFORE
DECEMBER 31, 2027, A TRANSIT-ORIENTED COMMUNITY SHALL SATISFY THE
FOLLOWING CRITERIA
, WHICH MUST BE SATISFIED TO QUALIFY AS A
CERTIFIED TRANSIT
-ORIENTED COMMUNITY . A TRANSIT-ORIENTED
COMMUNITY SHALL
:
(a)  D
ESIGNATE AREAS WITHIN THE TRANSIT-ORIENTED COMMUNITY
AS TRANSIT CENTERS AND ENSURE THAT THOSE AREAS SATISFY THE
REQUIREMENTS IN SECTION 
29-37-205;
(b)  E
NSURE THAT THE TOTAL ZONING CAPACITY FOR ALL TRANSIT
CENTERS WITHIN THE TRANSIT
-ORIENTED COMMUNITY IS GREATER THAN OR
EQUAL TO THE TRANSIT
-ORIENTED COMMUNITY 'S HOUSING OPPORTUNITY
GOAL
;
(c)  S
UBMIT A HOUSING OPPORTUNITY GOAL REPORT AND HAVE THE
REPORT APPROVED BY THE DEPARTMENT PURSUANT TO SUBSECTION 
(8) OF
THIS SECTION
; AND
(d)  THREE YEARS AFTER A SUBMITTING A HOUSING OPPORTUNITY
GOAL REPORT PURSUANT TO SUBSECTION 
(8) OF THIS SECTION, AND EVERY
THREE YEARS THEREAFTER
, SUBMIT A STATUS REPORT PURSUANT TO
SUBSECTION 
(9) OF THIS SECTION THAT IS APPROVED BY THE DEPARTMENT .
(5) Insufficient water supplies for meeting a housing opportunity
goal. (a)  O
N OR BEFORE DECEMBER 31, 2026, AND EVERY THREE YEARS
THEREAFTER
, A TRANSIT-ORIENTED COMMUNITY MAY SUBMIT A NOTICE , IN
A FORM AND MANNER DETERMINED BY THE DEPARTMENT
, THAT THE SUPPLY
OF WATER FROM ALL WATER SUPPLY ENTITIES
, AS DEFINED IN SECTION
29-20-302 (2), THAT SERVE THE TRANSIT -ORIENTED COMMUNITY IS
INSUFFICIENT DURING THE NEXT THREE
-YEAR PERIOD TO PROVIDE THE
DOMESTIC WATER SERVICE NECESSARY TO MEET THE TRANSIT
-ORIENTED
COMMUNITY
'S HOUSING OPPORTUNITY GOAL. THE WATER SUPPLY ENTITIES
SHALL PROVIDE INFORMATION AND ASSISTANCE AS NECESSARY TO
COMPLETE THE NOTICE ALLOWED BY THIS SUBSECTION 
(5). THE NOTICE
ALLOWED BY THIS SUBSECTION 
(5) MUST INCLUDE, BUT IS NOT LIMITED TO:
(I)  A
N ANALYSIS OF WATER DEMAND BASED ON :
PAGE 23-HOUSE BILL 24-1313 (A)  PROJECTED HOUSING AND POPULATION GROWTH , AS ESTIMATED
BY THE STATE DEMOGRAPHY OFFICE OR A RELEVANT METROPOLITAN
PLANNING ORGANIZATION
; AND
(B)  A REASONABLE ZONING CAPACITY BUFFER , AS ESTIMATED BASED
ON RELEVANT LOCAL
, REGIONAL, OR STATE DATA.
(II)  A
NY DATA, PROFESSIONAL OPINIONS, OR OTHER INFORMATION
USED TO CREATE THE ANALYSIS IN SUBSECTION
 (5)(a)(I) OF THIS SECTION;
(III)  D
OCUMENTATION DEMONSTRATING BOTH AN UP -TO-DATE
WATER SUPPLY PLAN THAT COMPLIES WITH SECTION 
29-20-304 (3) AND AN
UP
-TO-DATE WATER EFFICIENCY PLAN THAT COMPLIES WITH SECTION
37-60-126 (1) THROUGH (5); AND
(IV)  A PROPOSAL THAT MAY INCLUDE:
(A)  E
VIDENCE THAT THE WATER SUPPLY ENTITY LACKS ADEQUATE
WATER SUPPLY TO PROVIDE THE AMOUNT OF WATER IDENTIFIED IN
SUBSECTION
 (5)(a)(I) OF THIS SECTION; AND
(B)  A REQUEST FOR A MODIFICATION OF THE HOUSING OPPORTUNITY
GOAL DURING THE NEXT THREE YEAR PERIOD BASED ON THE ANALYSIS OF
WATER DEMAND IDENTIFIED IN SUBSECTION
 (5)(a)(I) OF THIS SECTION.
(b)  U
PON RECEIVING THE NOTICE DESCRIBED IN SUBSECTION (5)(a)
OF THIS SECTION, THE DEPARTMENT SHALL REVIEW THE NOTICE AND
DETERMINE WHETHER TO ACCEPT
, PROVIDE COMMENT ON , OR DENY THE
PROPOSAL DESCRIBED IN SUBSECTION
 (5)(a)(IV) OF THIS SECTION.
(6) Affordability strategies. (a)  O
N OR BEFORE DECEMBER 31,
2026,
 A TRANSIT-ORIENTED COMMUNITY SHALL IDENTIFY AFFORDABILITY
STRATEGIES THAT IT WILL IMPLEMENT OR HAS ALREADY IMPLEMENTED
WHILE MEETING ITS HOUSING OPPORTUNITY GOAL
. IN SO DOING, THE
TRANSIT
-ORIENTED COMMUNITY SHALL IDENTIFY AFFORDABILITY
STRATEGIES BASED ON THE DEMONSTRATED HOUSING NEEDS WITHIN THE
TRANSIT
-ORIENTED COMMUNITY INCLUDING FOR -SALE AND RENTAL HOUSING
NEEDS AND THE HOUSING NEEDS OF LOW
-, MODERATE-, AND
MEDIUM
-INCOME HOUSEHOLDS, AS DESIGNATED BY THE UNITED STATES
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
.
PAGE 24-HOUSE BILL 24-1313 (b) (I)  ON OR BEFORE DECEMBER 31, 2026, A TRANSIT-ORIENTED
COMMUNITY SHALL INCLUDE THE FOLLOWING IN ITS HOUSING OPPORTUNITY
GOAL REPORT SUBMITTED PURSUANT TO SUBSECTION
 (8)(a)(IV) OF THIS
SECTION
:
(A)  A
T LEAST TWO STRATEGIES INCLUDED IN THE STANDARD
AFFORDABILITY STRATEGIES MENU DESCRIBED IN SECTION 
29-37-208 (1)
THAT THE TRANSIT-ORIENTED COMMUNITY IDENTIFIED PURSUANT TO
SUBSECTION
 (6)(a) OF THIS SECTION AND INTENDS TO IMPLEMENT ;
(B)  A
T LEAST ONE STRATEGY INCLUDED IN THE LONG -TERM
AFFORDABILITY STRATEGIES MENU DESCRIBED IN SECTION 
29-37-208 (2)
THAT THE TRANSIT-ORIENTED COMMUNITY IDENTIFIED PURSUANT TO
SUBSECTION
 (6)(a) OF THIS SECTION AND INTENDS TO IMPLEMENT ; AND
(C)  AN IMPLEMENTATION PLAN DESCRIBING HOW THE
TRANSIT
-ORIENTED COMMUNITY HAS OR WILL IMPLEMENT THE
AFFORDABILITY STRATEGIES IDENTIFIED PURSUANT TO SUBSECTIONS
(6)(b)(I)(A) AND (6)(b)(I)(B) OF THIS SECTION.
(II)  F
OR PURPOSES OF SATISFYING THE REQUIREMENTS OF THIS
SUBSECTION
 (6)(b), A TRANSIT-ORIENTED COMMUNITY SHALL NOT :
(A)  C
OUNT ONE OR BOTH OF THE STRATEGIES DESCRIBED IN
SECTIONS
 29-37-208 (1)(e) AND 29-37-208 (2)(c) TOWARDS SATISFYING THE
REQUIREMENTS OF BOTH SUBSECTIONS
 (6)(b)(I)(A) AND (6)(b)(I)(B) OF THIS
SECTION
; OR
(B)  COUNT ANY STRATEGY DESCRIBED IN SECTION 29-37-208 THAT
IS OTHERWISE REQUIRED BY STATE LAW
.
(7)  Displacement mitigation strategies. O
N OR BEFORE DECEMBER
31, 2026, A TRANSIT-ORIENTED COMMUNITY SHALL INCLUDE THE
FOLLOWING IN ITS HOUSING OPPORTUNITY GOAL REPORT
, PURSUANT TO
SUBSECTION
 (8)(a)(V) OF THIS SECTION:
(a)  T
WO DISPLACEMENT MITIGATION STRATEGIES THAT THE
TRANSIT
-ORIENTED COMMUNITY HAS ADOPTED OR WILL ADOPT FROM THE
LONG
-TERM DISPLACEMENT MITIGATION STRATEGIES MENU DEVELOPED BY
THE DEPARTMENT PURSUANT TO SECTION 
29-37-209 (3) TO MITIGATE
PAGE 25-HOUSE BILL 24-1313 DISPLACEMENT RISKS WHILE MEETING ITS HOUSING OPPORTUNITY GOAL ; AND
(b)  AN IMPLEMENTATION PLAN DESCRIBING HOW THE
TRANSIT
-ORIENTED COMMUNITY WILL IMPLEMENT THE DISPLACEMENT
MITIGATION STRATEGIES IT IDENTIFIES PURSUANT TO SUBSECTION
 (7)(a) OF
THIS SECTION
.
(8) Housing opportunity goal report. (a)  O
N OR BEFORE
DECEMBER 31, 2026, A TRANSIT-ORIENTED COMMUNITY SHALL SUBMIT A
HOUSING OPPORTUNITY GOAL REPORT TO THE DEPARTMENT IN A FORM AND
MANNER DETERMINED BY THE DEPARTMENT
. IF A TRANSIT-ORIENTED
COMMUNITY CANNOT INCLUDE ANY OF THE FOLLOWING ITEMS IN ITS
HOUSING OPPORTUNITY GOAL REPORT ON OR BEFORE 
DECEMBER 31, 2026,
THE TRANSIT-ORIENTED COMMUNITY SHALL INDICATE WHY IT CANNOT DO SO
AND ITS PROGRESS TOWARDS BEING ABLE TO INCLUDE THOSE ITEMS IN ITS
HOUSING OPPORTUNITY GOAL REPORT
. THE REPORT MUST INCLUDE THE
FOLLOWING
, ALONG WITH ANY OTHER ELEMENTS IDENTIFIED BY THE
DEPARTMENT
:
(I)  T
HE TRANSIT-ORIENTED COMMUNITY 'S HOUSING OPPORTUNITY
GOAL
;
(II)  E
VIDENCE THAT THE TRANSIT-ORIENTED COMMUNITY HAS MET
ITS HOUSING OPPORTUNITY GOAL PURSUANT TO SUBSECTION
 (4)(b) OF THIS
SECTION
;
(III)  A
 MAP THAT IDENTIFIES THE BOUNDARIES OF ANY TRANSIT
CENTERS WITHIN THE TRANSIT
-ORIENTED COMMUNITY AND EVIDENCE THAT
THOSE AREAS SATISFY THE REQUIREMENTS IN SECTION 
29-37-205;
(IV)  A
FFORDABILITY STRATEGIES IDENTIFIED PURSUANT TO
SUBSECTION
 (6)(b)(I)(A) AND (6)(b)(I)(B) OF THIS SECTION AND THE
IMPLEMENTATION PLAN DESCRIBED PURSUANT TO SUBSECTION
 (6)(b)(I)(C)
OF THIS SECTION;
(V)  D
ISPLACEMENT MITIGATION STRATEGIES IDENTIFIED PURSUANT
TO SUBSECTION
 (7)(a) OF THIS SECTION AND THE IMPLEMENTATION PLAN
DESCRIBED PURSUANT TO SUBSECTION
 (7)(b) OF THIS SECTION;
(VI)  A
 DESCRIPTION OF COMMUNITY ENGAGEMENT THAT THE
PAGE 26-HOUSE BILL 24-1313 TRANSIT-ORIENTED COMMUNITY CONDUCTED IN THE PROCESS OF MEETING
ITS HOUSING OPPORTUNITY GOAL
, IDENTIFYING AFFORDABILITY STRATEGIES
PURSUANT TO SUBSECTION
 (6)(b)(I)(A) AND (6)(b)(I)(B) OF THIS SECTION
AND IDENTIFYING DISPLACEMENT MITIGATION STRATEGIES PURSUANT TO
SUBSECTION
 (7)(a) OF THIS SECTION; AND
(VII)  IF APPLICABLE, AND IF THE TRANSIT-ORIENTED COMMUNITY SO
CHOOSES
, EVIDENCE THAT THE TRANSIT -ORIENTED COMMUNITY HAS
SATISFIED THE REQUIREMENTS OF SUBSECTION 
(5) OF THIS SECTION.
(b)  T
HE DEPARTMENT SHALL REVIEW A HOUSING OPPORTUNITY GOAL
REPORT SUBMITTED BY A TRANSIT
-ORIENTED COMMUNITY PURSUANT TO
SUBSECTION
 (8)(a) OF THIS SECTION AND PROVIDE WRITTEN NOTICE THAT
EITHER
:
(I)  A
PPROVES THE REPORT AND AFFIRMS THAT THE
TRANSIT
-ORIENTED COMMUNITY HAS SATISFIED THE RELEVANT
REQUIREMENTS OF THIS SECTION AND IS THEREFORE CONSIDERED A
CERTIFIED TRANSIT
-ORIENTED COMMUNITY; OR
(II)  PROVIDES DIRECTION FOR AMENDING AND RESUBMITTING THE
REPORT AND REQUIRES THAT THE TRANSIT
-ORIENTED COMMUNITY RESUBMIT
THE REPORT WITHIN NINETY DAYS OF RECEIVING THE WRITTEN NOTICE
.
(c)  I
F THE DEPARTMENT HAS NOT APPROVED A TRANSIT -ORIENTED
COMMUNITY
'S HOUSING OPPORTUNITY GOAL REPORT ON OR BEFORE
DECEMBER 31, 2027, THE DEPARTMENT SHALL PROVIDE THE
TRANSIT
-ORIENTED COMMUNITY WRITTEN NOTICE THAT THE
TRANSIT
-ORIENTED COMMUNITY IS IN NON-COMPLIANCE WITH THIS PART 2
AND IS NOT A CERTIFIED TRANSIT-ORIENTED COMMUNITY .
(d) (I)  T
HE DEPARTMENT SHALL IDENTIFY CERTIFIED
TRANSIT
-ORIENTED COMMUNITIES FOR THE PURPOSE OF ESTABLISHING
ELIGIBILITY FOR STATE GRANT AND INCENTIVE PROGRAMS
.
(II)  P
URSUANT TO SECTION 29-37-210 (6), A CERTIFIED
TRANSIT
-ORIENTED COMMUNITY IS ELIGIBLE FOR THE AWARD OF A
TRANSIT
-ORIENTED COMMUNITIES INFRASTRUCTURE GRANT PROGRAM
GRANT
.
PAGE 27-HOUSE BILL 24-1313 (III)  THE DEPARTMENT SHALL IDENTIFY CERTIFIED
TRANSIT
-ORIENTED COMMUNITIES , INCLUDING COMPLIANCE WITH THE
REQUIREMENTS FOR AFFORDABILITY STRATEGIES IN SUBSECTION
 (8)(a)(IV)
OF THIS SECTION AND DISPLACEMENT MITIGATION STRATEGIES IN
SUBSECTION
 (8)(a)(V) OF THIS SECTION, FOR THE PURPOSES OF
ESTABLISHING ELIGIBILITY FOR THE 
COLORADO AFFORDABLE HOUSING IN
TRANSIT
-ORIENTED COMMUNITIES INCOME TAX CREDIT IN PART 54 OF
ARTICLE 
22 OF TITLE 39.
(9)  Status report. (a)  E
VERY THREE YEARS AFTER SUBMITTING A
HOUSING OPPORTUNITY GOAL REPORT PURSUANT TO SUBSECTION
 (8)(a) OF
THIS SECTION
, A TRANSIT-ORIENTED COMMUNITY SHALL SUBMIT A STATUS
REPORT TO THE DEPARTMENT IN A FORM AND MANNER DETERMINED BY THE
DEPARTMENT THAT CONFIRMS THAT THE TRANSIT
-ORIENTED COMMUNITY IS
STILL A CERTIFIED TRANSIT
-ORIENTED COMMUNITY .
(b)  T
HE DEPARTMENT SHALL REVIEW A STATUS REPORT SUBMITTED
BY A TRANSIT
-ORIENTED COMMUNITY PURSUANT TO SUBSECTION (9)(a) OF
THIS SECTION AND PROVIDE WRITTEN NOTICE THAT EITHER
:
(I)  A
PPROVES THE REPORT AND AFFIRMS THAT THE
TRANSIT
-ORIENTED COMMUNITY HAS SATISFIED THE RELEVANT
REQUIREMENTS OF THIS SECTION AND IS THEREFORE CONSIDERED A
CERTIFIED TRANSIT
-ORIENTED COMMUNITY; OR
(II)  PROVIDES DIRECTION FOR AMENDING AND RESUBMITTING THE
REPORT AND REQUIRES THAT THE TRANSIT
-ORIENTED COMMUNITY RESUBMIT
THE REPORT WITHIN NINETY DAYS OF RECEIVING THE WRITTEN NOTICE
.
(c) (I)  I
F A TRANSIT-ORIENTED COMMUNITY FAILS TO SUBMIT A
STATUS REPORT TO THE DEPARTMENT PURSUANT TO SUBSECTION
 (9)(a) OF
THIS SECTION OR FAILS TO SUBMIT AN AMENDED STATUS REPORT PURSUANT
TO SUBSECTION
 (9)(b)(II) OF THIS SECTION, THE DEPARTMENT SHALL
PROVIDE THE TRANSIT
-ORIENTED COMMUNITY WRITTEN NOTICE STATING
THAT THE TRANSIT
-ORIENTED COMMUNITY WILL NOT BE DEEMED A
CERTIFIED TRANSIT
-ORIENTED COMMUNITY.
29-37-205.  Criteria for qualification as a transit center - criteria
for qualification as a transit center outside of a transit area. (1)  T
O
DESIGNATE AN AREA AS A TRANSIT CENTER
, A TRANSIT-ORIENTED
PAGE 28-HOUSE BILL 24-1313 COMMUNITY SHALL:
(a)  E
NSURE THAT THE AREA IS COMPOSED SOLELY OF ZONING
DISTRICTS THAT UNIFORMLY ALLOW A NET HOUSING DENSITY OF AT LEAST
FIFTEEN UNITS PER ACRE WITH NO PARCEL OR ZONING DISTRICT BEING
COUNTED AS ALLOWING A NET HOUSING DENSITY OF MORE THAN FIVE
HUNDRED UNITS PER ACRE
;
(b) (I)   I
DENTIFY A NET HOUSING DENSITY ALLOWED FOR THE AREA
OR FOR SUBDISTRICTS WITHIN THE AREA
. AS PART OF THE GUIDANCE THE
DEPARTMENT DEVELOPS PURSUANT TO SECTION 
29-37-207 (7), THE
DEPARTMENT SHALL PROVIDE LOCAL GOVERNMENTS WITH SIMPLE AND
EFFECTIVE METHODS OF CALCULATING NET HOUSING DENSITY
. THE
IDENTIFIED NET HOUSING DENSITY MUST
:
(A)  R
EFLECT ANY SIGNIFICANT DIMENSIONAL OR OTHER
RESTRICTIONS IN LOCAL LAWS USED TO REGULATE DENSITY IN THE AREA
,
INCLUDING BUT NOT LIMITED TO RESTRICTIONS RELATED TO UNITS PER ACRE ,
LOT AREA PER UNIT , LOT COVERAGE , SITE LEVEL OPEN SPACE
REQUIREMENTS
, FLOOR AREA RATIOS , SETBACKS, MINIMUM PARKING
REQUIREMENTS
, AND MAXIMUM HEIGHT . WHERE A DIMENSIONAL
RESTRICTION HAS MULTIPLE POTENTIAL OUTCOMES WITHIN THE SAME
ZONING DISTRICT OR WITHIN RELATED ZONING DISTRICTS
, THE AVERAGE
OUTCOME OF THE DIMENSIONAL RESTRICTION MAY BE UTILIZED BY THE
TRANSIT
-ORIENTED COMMUNITY TO MEASURE NET HOUSING DENSITY .
(B)  A
SSUME MINIMUM PARKING REQUIREMENTS ARE MET WITH
SURFACE PARKING
; EXCEPT THAT THREE-FOURTHS OF A PARKING SPACE PER
DWELLING UNIT MAY BE COUNTED AS STRUCTURED PARKING WITHIN THE
BUILDING FOOTPRINT
;
(C)  A
SSUME AN AVERAGE HOUSING UNIT SIZE , AS DETERMINED
BASED ON EITHER THE TYPICAL SIZE OF A MULTIFAMILY HOUSING UNIT THAT
WAS RECENTLY BUILT IN 
COLORADO AS ESTABLISHED IN THE CENSUS 'S
AMERICAN HOUSING SURVEY OR THE TYPICAL SIZE OF A MULTIFAMILY
HOUSING UNIT IN THE TRANSIT
-ORIENTED COMMUNITY ACCORDING TO LOCAL
DATA
;
(II)  N
OTHING IN THIS SUBSECTION (1)(b) REQUIRES A LOCAL
GOVERNMENT TO INCLUDE AREAS OF INDIVIDUAL PARCELS REQUIRED FOR
PAGE 29-HOUSE BILL 24-1313 STORMWATER DRAINAGE OR UTILITY EASEMENTS IN CALCULATING NET
HOUSING DENSITY
; AND
(III)  IF A PARCEL'S EXISTING RESIDENTIAL USES HAVE A HIGHER NET
HOUSING DENSITY THAN THE NET HOUSING DENSITY ALLOWED FOR THE
PARCEL BY CURRENT RESTRICTIONS IN LOCAL LAW
, THE NET HOUSING
DENSITY OF THE EXISTING RESIDENTIAL USE MAY BE COUNTED
;
(c)  E
XCLUDE ANY AREA WHERE LOCAL LAW EXCLUSIVELY RESTRICTS
HOUSING OCCUPANCY BASED ON AGE OR OTHER FACTORS
;
(d)  E
STABLISH AN ADMINISTRATIVE APPROVAL PROCESS FOR
MULTIFAMILY RESIDENTIAL DEVELOPMENT ON PARCELS IN THE AREA THAT
ARE NO MORE THAN FIVE ACRES IN SIZE
. FOR MULTIFAMILY RESIDENTIAL
DEVELOPMENT APPLICATIONS ON PARCELS GREATER THAN FIVE ACRES IN
SIZE
, A TRANSIT-ORIENTED COMMUNITY SHALL IDENTIFY A TARGET NET
HOUSING DENSITY FOR THE PARCELS TO COUNT THE PARCELS AS PART OF THE
TRANSIT CENTER THAT COVERS THE AREA
. THIS SUBSECTION (1)(d) DOES
NOT PREVENT THE ESTABLISHMENT OF DEVELOPER AGREEMENTS BETWEEN
THE LOCAL GOVERNMENT AND DEVELOPERS
.
(e)  E
NSURE THAT THE AREA OF A TRANSIT CENTER IS COMPOSED OF
PARCELS THAT ARE LOCATED WHOLLY OR PARTIALLY WITHIN EITHER
:
(I)  A
 TRANSIT AREA OR OPTIONAL TRANSIT AREA ; OR
(II)  ONE-QUARTER MILE FROM THE BOUNDARY OF A TRANSIT AREA
OR OPTIONAL TRANSIT AREA
.
(2) (a)  N
OTWITHSTANDING SUBSECTION (1)(e) OF THIS SECTION, A
TRANSIT
-ORIENTED COMMUNITY MAY ONLY DESIGNATE AN AREA AS A
TRANSIT CENTER WITHIN AN OPTIONAL TRANSIT AREA AS DESCRIBED IN
SECTION 
29-37-207 (4), IF THE TRANSIT-ORIENTED COMMUNITY HAS
PROVIDED REASONABLE EVIDENCE IN THE HOUSING OPPORTUNITY GOAL
REPORT SUBMITTED PURSUANT TO SECTION 
29-37-204 (8) THAT:
(I)  T
O THE MAXIMUM EXTENT FEASIBLE , AN AVERAGE NET HOUSING
DENSITY OF AT LEAST FORTY DWELLING UNITS PER ACRE IS ALLOWED ON ALL
PARCELS WITHIN THE TRANSIT AREA THAT ARE BOTH ONE
-HALF ACRE OR
MORE IN SIZE AND NOT EXEMPT PARCELS
; AND
PAGE 30-HOUSE BILL 24-1313 (II)  AREAS WITHIN THE OPTIONAL TRANSIT AREA HAVE FEWER
BARRIERS TO HOUSING DEVELOPMENT THAN AREAS WITHIN THE TRANSIT
AREA
.
(b)  F
OR PURPOSES OF SUBSECTION (2)(a)(II) OF THIS SECTION,
BARRIERS TO HOUSING DEVELOPMENT MAY INCLUDE :
(I)  A
N ANTICIPATED LACK OF WATER SUPPLY , AFTER ACCOUNTING
FOR A REASONABLE ZONING CAPACITY BUFFER
;
(II)  A
N ANTICIPATED LACK OF SUFFICIENT FUTURE INFRASTRUCTURE
CAPACITY
, INCLUDING WATER TREATMENT PLANTS , WASTEWATER
TREATMENT PLANTS
, OR ELECTRICAL POWER NETWORKS IN THE AREA , AFTER
ACCOUNTING FOR A REASONABLE ZONING CAPACITY BUFFER
;
(III)  U
NIQUE SITE CHARACTERISTICS WHICH CONTRIBUTE TO A HIGH
COST OF HOUSING DEVELOPMENT
; OR
(IV)  SITES THAT ARE INFEASIBLE FOR HOUSING DEVELOPMENT .
29-37-206.  Criteria for qualification as a neighborhood center.
(1) (a)  T
O DESIGNATE AN AREA AS A NEIGHBORHOOD CENTER , A LOCAL
GOVERNMENT SHALL
, IN ACCORDANCE WITH POLICIES AND PROCEDURES
ADOPTED BY THE DEPARTMENT THAT MAY INCLUDE DIFFERENT CRITERIA FOR
VARYING REGIONAL AND LOCAL CONTEXTS
, IDENTIFY AREAS THAT MEET THE
FOLLOWING CRITERIA
:
(I)  A
LLOW A NET HOUSING DENSITY THAT SUPPORTS MIXED -USE
PEDESTRIAN
-ORIENTED NEIGHBORHOODS, THE DEVELOPMENT OF REGULATED
AFFORDABLE HOUSING
, AND INCREASED PUBLIC TRANSIT RIDERSHIP;
(II)  W
ITHIN CENSUS URBANIZED AREAS, AS DEFINED IN THE LATEST
FEDERAL DECENNIAL CENSUS
, ESTABLISH AN ADMINISTRATIVE APPROVAL
PROCESS FOR MULTIFAMILY RESIDENTIAL DEVELOPMENT ON PARCELS IN THE
AREA THAT ARE NO LARGER THAN A SIZE DETERMINED BY THE DEPARTMENT
;
(III)  E
NSURE THAT THE AREA HAS A MIXED	-USE
PEDESTRIAN
-ORIENTED NEIGHBORHOOD , AS DETERMINED BY CRITERIA
ESTABLISHED BY THE DEPARTMENT
; AND
PAGE 31-HOUSE BILL 24-1313 (IV)  SATISFY ANY OTHER CRITERIA , AS DETERMINED BY THE
DEPARTMENT
, AND AS MAY VARY BY REGIONAL CONTEXT , FOR THE
QUALIFICATION OF AN AREA AS A NEIGHBORHOOD CENTER
.
(b)  N
OTWITHSTANDING THE REQUIREMENTS FOR A LOCAL
GOVERNMENT DESIGNATING AN AREA AS A NEIGHBORHOOD CENTER
PURSUANT TO SUBSECTION
 (1)(a) OF THIS SECTION, THE DEPARTMENT SHALL
ESTABLISH SEPARATE REQUIREMENTS FOR LOCAL GOVERNMENTS
DESIGNATING AREAS WITHIN POTENTIAL TRANSIT AREAS IDENTIFIED BY THE
DEPARTMENT OF TRANSPORTATION PURSUANT TO SECTION
 29-37-207 (5).
(2)  I
F A LOCAL GOVERNMENT DESIGNATES AN AREA AS A
NEIGHBORHOOD CENTER PURSUANT TO SUBSECTION 
(1) OF THIS SECTION,
THE LOCAL GOVERNMENT SHALL SUBMIT A NEIGHBORHOOD CENTER REPORT
TO THE DEPARTMENT IN A FORM AND MANNER DETERMINED BY THE
DEPARTMENT
.
29-37-207.  Transit areas map - transit station area criteria -
transit corridor area criteria - housing opportunity goals, models, and
guidance. (1) Transit areas map. (a)  O
N OR BEFORE SEPTEMBER 30, 2024,
THE DEPARTMENT, IN CONSULTATION WITH METROPOLITAN PLANNING
ORGANIZATIONS
, AND TRANSIT AGENCIES THAT OPERATE WITHIN
METROPOLITAN PLANNING ORGANIZATIONS
, SHALL PUBLISH A TRANSIT AREA
MAP
, OR TRANSIT AREA MAPS, BASED ON THE CRITERIA IN SUBSECTIONS (2),
(3),
 (4), (5) AND (6), OF THIS SECTION. ONLY TRANSIT AREAS THAT ARE
IDENTIFIED PURSUANT TO SUBSECTIONS 
(2) AND (3) OF THIS SECTION AND
IDENTIFIED ON A TRANSIT AREA MAP PURSUANT TO THIS SUBSECTION 
(1)
MUST BE INCLUDED IN THE CALCULATION OF A HOUSING OPPORTUNITY GOAL
PURSUANT TO SECTION 
29-37-204 (2).
(b)  I
N PUBLISHING THE MAP DESCRIBED IN SUBSECTION (1)(a) OF THIS
SECTION
, THE DEPARTMENT SHALL ALSO PUBLISH A WALKSHED MAP THAT
IDENTIFIES THE AREAS THAT ARE REACHABLE BY A PERSON WALKING A
DISTANCE OF NOT MORE THAN ONE
-HALF MILE FROM A TRANSIT STATION
WHERE PART OF THE TRANSIT STATION AREA BASED ON THAT TRANSIT
STATION IS SEPARATED FROM ANY EXIT TO THE TRANSIT STATION BY A
STATE
-OWNED LIMITED-ACCESS HIGHWAY OR RAILROAD TRACK , USING
SIMPLE AND EFFICIENT GEOSPATIAL ANALYSIS METHODS AND READILY
AVAILABLE NETWORK DATA
.
PAGE 32-HOUSE BILL 24-1313 (2)  Transit station criteria. T	HE DEPARTMENT SHALL DESIGNATE
TRANSIT STATION AREAS
, FOR PURPOSES OF SUBSECTION (1) OF THIS
SECTION
, BASED ON ROUTES IDENTIFIED IN AN APPLICABLE TRANSIT PLAN
FOR EXISTING STATIONS FOR
:
(a)  C
OMMUTER BUS RAPID TRANSIT ;
(b)  C
OMMUTER RAIL; AND
(c)  LIGHT RAIL.
(3) Transit corridor area criteria. (a)  T
HE DEPARTMENT SHALL
DESIGNATE TRANSIT CORRIDOR AREAS
, FOR PURPOSES OF SUBSECTION (1) OF
THIS SECTION
, BY IDENTIFYING TRANSIT ROUTES THAT MEET ONE OR MORE
OF THE FOLLOWING CRITERIA
:
(I)  A
N URBAN BUS RAPID TRANSIT SERVICE THAT IS IDENTIFIED
WITHIN
:
(A)  A
 METROPOLITAN PLANNING ORGANIZATION	'S
FISCALLY
-CONSTRAINED, LONG-RANGE TRANSPORTATION PLAN ADOPTED
PRIOR TO 
JANUARY 1, 2024, AND PLANNED FOR IMPLEMENTATION ,
ACCORDING TO THAT PLAN, PRIOR TO JANUARY 1, 2030; OR
(B)  AN APPLICABLE TRANSIT PLAN THAT HAS BEEN PLANNED FOR
SHORT
-TERM IMPLEMENTATION, ACCORDING TO THAT PLAN;
(II)  A
 PUBLIC BUS ROUTE THAT:
(A)  H
AS A PLANNED FREQUENCY OR SCHEDULED FREQUENCY OF
FIFTEEN MINUTES OR MORE FREQUENT FOR EIGHT HOURS OR MORE ON
WEEKDAYS
; AND
(B)  IS IDENTIFIED WITHIN AN APPLICABLE TRANSIT PLAN FOR
SHORT
-TERM IMPLEMENTATION OR IMPLEMENTATION BEFORE JANUARY 1,
2030,
 ACCORDING TO THAT PLAN.
(b)  F
OR TRANSIT AGENCIES WITHIN METROPOLITAN PLANNING
ORGANIZATIONS THAT DO NOT HAVE APPLICABLE TRANSIT PLANS
, THE
DEPARTMENT SHALL DESIGNATE TRANSIT CORRIDOR AREAS
, FOR PURPOSES
PAGE 33-HOUSE BILL 24-1313 OF SUBSECTION (1) OF THIS SECTION, BY IDENTIFYING ANY PUBLIC BUS
ROUTES WITH EXISTING TRANSIT SERVICE LEVELS AS OF 
JANUARY 1, 2024,
WITH A SCHEDULED FREQUENCY OF FIFTEEN MINUTES OR MORE FREQUENT
FOR EIGHT HOURS OR MORE ON WEEKDAYS
.
(c)  N
OTWITHSTANDING SUBSECTION (3)(a) AND (3)(b) OF THIS
SECTION
, THE DEPARTMENT SHALL NOT DESIGNATE TRANSIT CORRIDOR
AREAS
, FOR PURPOSES OF SUBSECTION (1) OF THIS SECTION, WITHIN A
TRANSIT
-ORIENTED COMMUNITY THAT HAS DESIGNATED TWENTY PERCENT
OR MORE OF ITS AREA AS A MANUFACTURED HOME ZONING DISTRICT AS OF
JANUARY 1, 2024.
(4) Optional transit area criteria. (a)  T
HE DEPARTMENT SHALL
DESIGNATE OPTIONAL TRANSIT AREAS
, FOR PURPOSES OF SUBSECTION (1) OF
THIS SECTION
, BASED ON THE FOLLOWING CRITERIA:
(I)  A
 BUS RAPID TRANSIT SERVICE THAT IS IDENTIFIED WITHIN A
METROPOLITAN PLANNING ORGANIZATION
'S FISCALLY-CONSTRAINED,
LONG-RANGE TRANSPORTATION PLAN ADOPTED PRIOR TO JANUARY 1, 2024,
AND INTENDED FOR IMPLEMENTATION AFTER JANUARY 1, 2030, AND BEFORE
DECEMBER 31, 2050;
(II)  P
UBLIC BUS ROUTES OTHER THAN THOSE IDENTIFIED IN
SUBSECTION
 (3)(a)(II)(B) OF THIS SECTION THAT OPERATE AT A PLANNED OR
SCHEDULED FREQUENCY OF THIRTY MINUTES OR MORE FREQUENT DURING
THE HIGHEST FREQUENCY SERVICE HOURS AS IDENTIFIED BY
:
(A)  E
XISTING SERVICE AS OF JANUARY 1, 2024; OR
(B)  IDENTIFIED WITHIN AN APPLICABLE TRANSIT PLAN ; AND
(III)  OTHER AREAS PLANNED AS MIXED -USE PEDESTRIAN ORIENTED
NEIGHBORHOODS
.
(b)  F
OR PURPOSES OF SUBSECTION (4)(a)(III) OF THIS SECTION, A
TRANSIT ORIENTED COMMUNITY MAY REQUEST THAT THE DEPARTMENT
DESIGNATE A MIXED
-USE PEDESTRIAN-ORIENTED NEIGHBORHOOD AS AN
OPTIONAL TRANSIT AREA
. THE DEPARTMENT SHALL REVIEW AND APPROVE
OR REJECT SUCH A REQUEST BASED ON WHETHER THE MIXED
-USE
PEDESTRIAN
-ORIENTED NEIGHBORHOOD FULFILLS THE GOALS OF THIS PART
PAGE 34-HOUSE BILL 24-1313 2 ESTABLISHED IN SECTION 29-37-203 (2).
(5) Potential transit area criteria. (a)  T
HE DEPARTMENT SHALL
DESIGNATE AN AREA AS A POTENTIAL TRANSIT AREA
, FOR PURPOSES OF
SUBSECTION 
(1) OF THIS SECTION, IF IT CONSISTS OF CORRIDORS , AS
IDENTIFIED BY THE DEPARTMENT OF TRANSPORTATION THAT
:
(I)  I
NCLUDE MAJOR TRAVELSHEDS , AS DEFINED BY COMMON TRAVEL
PATTERNS IN AN AREA
, THAT IMPACT ANTICIPATED NEW OR MODIFIED
INTERCHANGES ON STATE
-OWNED HIGHWAYS; AND
(II)  ARE OUTSIDE OF CENSUS URBANIZED AREAS , AS IDENTIFIED IN
THE LATEST FEDERAL DECENNIAL CENSUS
;
(b)  I
N DESIGNATING POTENTIAL TRANSIT AREAS , FOR PURPOSES OF
SUBSECTION 
(1) OF THIS SECTION, THE DEPARTMENT SHALL ATTEMPT TO
IDENTIFY AREAS WHERE FUTURE TRANSIT SERVICE AND NEIGHBORHOOD
CENTERS COULD POTENTIALLY ALIGN TO PROVIDE INFORMATION FOR STATE
,
REGIONAL, AND LOCAL PLANNING EFFORTS.
(c)  I
N UPDATING THE TRANSIT AREA MAP PURSUANT TO SUBSECTION
(1) OF THIS SECTION , THE DEPARTMENT SHALL IDENTIFY ANY
NEIGHBORHOOD CENTERS THAT A LOCAL GOVERNMENT HAS DESIGNATED
WITHIN A POTENTIAL TRANSIT AREA
.
(6)  I
N IDENTIFYING THE BOUNDARIES OF TRANSIT AREAS AND
OPTIONAL TRANSIT AREAS PURSUANT TO THIS SECTION
, THE DEPARTMENT
SHALL USE
:
(a)  G
EOSPATIAL DATA FROM RELEVANT TRANSIT AGENCIES AND
METROPOLITAN PLANNING ORGANIZATIONS
; AND
(b)  ROADWAY LOCATIONS BASED UPON THE CENTERLINE OF THE
ROADWAY
.
(7)  Housing opportunity goals, models, and guidance. O
N OR
BEFORE 
FEBRUARY 28, 2025, THE DEPARTMENT SHALL PUBLISH MODELS AND
GUIDANCE TO SATISFY THE GOALS OF THIS PART 
2 AS ESTABLISHED IN
SECTION 
29-37-203 (2) AND INTERPRET THE DENSITY AND DIMENSIONAL
STANDARDS ESTABLISHED IN SECTION
 29-37-205 (1)(b) OF THIS SECTION
PAGE 35-HOUSE BILL 24-1313 WITH THE INTENT OF PROVIDING SIMPLE AND EFFICIENT METHODS FOR LOCAL
GOVERNMENTS TO CALCULATE THE NET HOUSING DENSITY OF TRANSIT
CENTERS IN ORDER TO MEET THEIR HOUSING OPPORTUNITY GOALS
. IN
PUBLISHING MODELS AND GUIDANCE
, THE DEPARTMENT SHALL ESTABLISH
MODELS
, GUIDANCE, AND TYPICAL BUILDING TYPOLOGIES FOR LOCAL
GOVERNMENTS WITH FORM
-BASED CODES.
29-37-208.  Standard affordability strategies menu - long-term
affordability strategies menu - alternative affordability strategies -
impact fees. (1)  Standard affordability strategies menu. O
N OR BEFORE
JUNE 30, 2025, THE DEPARTMENT SHALL DEVELOP A STANDARD
AFFORDABILITY STRATEGIES MENU FOR TRANSIT
-ORIENTED COMMUNITIES
AND SHALL UPDATE THIS MENU AS NECESSARY
. THE MENU MUST INCLUDE
THE FOLLOWING STRATEGIES
:
(a)  I
MPLEMENTING A LOCAL INCLUSIONARY ZONING ORDINANCE
THAT ACCOUNTS FOR LOCAL HOUSING MARKET CONDITIONS
, IS CRAFTED TO
MAXIMIZE REGULATED AFFORDABLE HOUSING
, AND COMPLIES WITH THE
REQUIREMENTS OF SECTION
 29-20-104 (1)(e.5) AND (1)(e.7);
(b)  A
DOPTING A LOCAL LAW OR PLAN TO LEVERAGE PUBLICLY
OWNED
, SOLD, OR MANAGED LAND FOR REGULATED AFFORDABLE HOUSING
DEVELOPMENT
;
(c)  C
REATING OR SIGNIFICANTLY EXPANDING A PROGRAM TO
SUBSIDIZE OR OTHERWISE REDUCE IMPACT FEES OR OTHER SIMILAR
DEVELOPMENT CHARGES FOR REGULATED AFFORDABLE HOUSING
DEVELOPMENT
;
(d)  E
STABLISHING A DENSITY BONUS PROGRAM FOR TRANSIT
CENTERS THAT GRANTS INCREASED FLOOR AREA RATIO
, DENSITY, OR HEIGHT
FOR REGULATED AFFORDABLE HOUSING UNITS
;
(e)  C
REATING A PROGRAM TO PRIORITIZE AND EXPEDITE
DEVELOPMENT APPROVALS FOR REGULATED AFFORDABLE HOUSING
DEVELOPMENT
;
(f)  R
EDUCING LOCAL PARKING REQUIREMENTS FOR REGULATED
AFFORDABLE HOUSING TO ONE
-HALF SPACE PER UNIT OF REGULATED
AFFORDABLE HOUSING
, WITHOUT LOWERING THE PROTECTIONS PROVIDED
PAGE 36-HOUSE BILL 24-1313 FOR INDIVIDUALS WITH DISABILITIES, INCLUDING THE NUMBER OF PARKING
SPACES FOR INDIVIDUALS WHO ARE MOBILITY IMPAIRED
, UNDER THE
FEDERAL 
"AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC.
12101
 ET SEQ., AND PARTS 6 AND 8 OF ARTICLE 34 OF TITLE 24; EXCEPT
THAT
, UPON THE PASSAGE OF HOUSE BILL 24-1304, THIS SUBSECTION (1)(f)
SHALL NOT BE IDENTIFIED BY A TRANSIT -ORIENTED COMMUNITY AS AN
AFFORDABILITY STRATEGY THAT SATISFIES THE REQUIREMENTS OF
29-37-204 (6)(b)(I)(A);
(g)  E
NACTING LOCAL LAWS THAT INCENTIVIZE THE CONSTRUCTION
OF ACCESSIBLE AND VISITABLE REGULATED AFFORDABLE HOUSING UNITS
;
 (h)  ENACTING LOCAL LAWS THAT SUPPORT HOUSING FOR FAMILIES ,
SUCH AS INCENTIVIZING CONSTRUCTION OF HOUSING UNITS WITH MULTIPLE
BEDROOMS
; AND
(i)  ANY OTHER STRATEGY DESIGNATED BY THE DEPARTMENT THAT
OFFERS A COMPARABLE IMPACT ON LOCAL HOUSING AFFORDABILITY
.
(2)  Long-term affordability strategies menu. O
N OR BEFORE JUNE
30, 2025, THE DEPARTMENT SHALL DEVELOP A LONG -TERM AFFORDABILITY
STRATEGIES MENU AND SHALL UPDATE THIS MENU AS NECESSARY
. THE
MENU MUST INCLUDE THE FOLLOWING STRATEGIES
:
(a)  E
STABLISHING A DEDICATED LOCAL REVENUE SOURCE FOR
REGULATED AFFORDABLE HOUSING DEVELOPMENT
, SUCH AS INSTITUTING A
LINKAGE FEE ON MARKET RATE HOUSING DEVELOPMENT TO SUPPORT NEW
REGULATED AFFORDABLE HOUSING DEVELOPMENTS
;
(b)  R
EGULATING SHORT-TERM RENTALS, SECOND HOMES, OR OTHER
UNDERUTILIZED OR VACANT UNITS IN A WAY
, SUCH AS VACANCY FEES FOR
UNDERUTILIZED UNITS
, THAT PROMOTES MAXIMIZING THE USE OF LOCAL
HOUSING STOCK FOR LOCAL HOUSING NEEDS
;
(c)  M
AKING A COMMITMENT TO AND REMAINING ELIGIBLE TO
RECEIVE FUNDING PURSUANT TO ARTICLE 
32 OF THIS TITLE 29;
(d)  I
NCENTIVIZING OR CREATING A DEDICATED LOCAL PROGRAM
THAT FACILITATES INVESTMENT IN LAND BANKING OR COMMUNITY LAND
TRUSTS
;
PAGE 37-HOUSE BILL 24-1313 (e)  ESTABLISHING AN AFFORDABLE HOMEOWNERSHIP STRATEGY
SUCH AS
:
(I)  A
CQUIRING OR PRESERVING DEED RESTRICTIONS ON CURRENT
HOUSING UNITS
;
(II)  E
STABLISHING AN INCENTIVE PROGRAM TO ENCOURAGE
REALTORS TO WORK WITH LOW
-INCOME AND MINORITY PROSPECTIVE HOME
BUYERS
;
(III)  E
STABLISHING AN AFFORDABLE RENT -TO-OWN PROGRAM; OR
(IV) INCENTIVIZING AFFORDABLE CONDOMINIUM DEVELOPMENTS ;
AND
(f)  ANY OTHER STRATEGY DESIGNATED BY THE DEPARTMENT THAT
OFFERS A COMPARABLE IMPACT ON LOCAL HOUSING AFFORDABILITY
.
(3)  Alternative affordability strategies. A
 TRANSIT-ORIENTED
COMMUNITY MAY SUBMIT AN EXISTING OR PROPOSED LOCAL LAW OR
PROGRAM
, IN A FORM AND MANNER DETERMINED BY THE DEPARTMENT , TO
THE DEPARTMENT
, AND THE DEPARTMENT MAY DETERMINE THAT THE
ADOPTION OF THAT LOCAL LAW OR PROGRAM QUALIFIES AS AN
AFFORDABILITY STRATEGY FOR PURPOSES OF SECTION 
29-37-204 (6)(a) AND
(6)(b), SO LONG AS THE LOCAL LAW OR PROGRAM SUPPORTS EQUAL OR
GREATER OPPORTUNITY FOR REGULATED AFFORDABLE HOUSING AND
ACCESSIBLE UNITS THAN THE STRATEGIES DESCRIBED IN SUBSECTIONS 
(1)
AND (2) OF THIS SECTION.
29-37-209.  Displacement risk assessment - displacement
mitigation strategies menu - displacement mitigation strategies menu
goals - alternative displacement mitigation strategies. (1)  O
N OR BEFORE
JUNE 30, 2025, THE DEPARTMENT SHALL CONDUCT AN ASSESSMENT THAT
INCLUDES RECOMMENDATIONS IDENTIFYING THE RESOURCES NECESSARY TO
IMPLEMENT THE DISPLACEMENT MITIGATION STRATEGIES IN THE
DISPLACEMENT RISK MITIGATION STRATEGIES MENU DESCRIBED IN
SUBSECTION 
(3) OF THIS SECTION. THE ASSESSMENT MUST IDENTIFY:
(a)  A
PPROPRIATE LOCAL, REGIONAL, OR NONPROFIT ENTITIES TO
ASSIST RESIDENTS AT ELEVATED RISK OF DISPLACEMENT
, WITH A FOCUS ON
PAGE 38-HOUSE BILL 24-1313 RESIDENTS IN LOCAL GOVERNMENTS THAT HAVE A SMALLER POPULATION
AND FEWER FINANCIAL RESOURCES THAN OTHER LOCAL GOVERNMENTS
WITHIN THE SAME METROPOLITAN PLANNING ORGANIZATION
; AND
(b)  APPROPRIATE SOURCES OF FINANCIAL AND OTHER RESOURCES TO
IMPLEMENT THE DISPLACEMENT MITIGATION STRATEGIES IN THE
DISPLACEMENT RISK MITIGATION STRATEGIES MENU DESCRIBED IN
SUBSECTION 
(3) OF THIS SECTION, WHILE TAKING INTO ACCOUNT REGIONAL
DISPARITIES IN RESOURCES
.
(2) (a)  N
O LATER THAN JUNE 30, 2025, THE DEPARTMENT SHALL
DEVELOP GUIDANCE FOR TRANSIT
-ORIENTED COMMUNITIES IN CONDUCTING
A DISPLACEMENT RISK ASSESSMENT AND IMPLEMENTING DISPLACEMENT
MITIGATION STRATEGIES
. THE DEPARTMENT SHALL UPDATE THIS GUIDANCE
AS NECESSARY
.
(b)  I
N CREATING GUIDANCE FOR THE DISPLACEMENT RISK
ASSESSMENT DESCRIBED IN SUBSECTION
 (2)(a) OF THIS SECTION, THE
DEPARTMENT SHALL DEVELOP A METHODOLOGY
, WITH VARIATIONS FOR
DIFFERENT LOCAL CONTEXTS INCLUDING THE SIZE AND RESOURCE LEVELS OF
LOCAL GOVERNMENTS
, FOR TRANSIT-ORIENTED COMMUNITIES WITHIN
METROPOLITAN PLANNING ORGANIZATION BOUNDARIES TO USE TO
:
(I)  G
ATHER FEEDBACK THROUGH COMMUNITY ENGAGEMENT ; AND
(II)  IDENTIFY INFORMATION FROM NEIGHBORHOOD -LEVEL EARLY
DISPLACEMENT WARNING AND RESPONSE SYSTEMS
, OR IF THOSE SYSTEMS
ARE UNAVAILABLE
, IDENTIFY THE BEST AVAILABLE LOCAL , REGIONAL,
STATE, OR FEDERAL DATA THAT CAN BE ANALYZED TO IDENTIFY RESIDENTS
AT ELEVATED DISPLACEMENT RISK
, WHICH MAY INCLUDE:
(A)  T
HE PERCENTAGE OF HOUSEHOLDS THAT ARE EXTREMELY
LOW
-INCOME, VERY LOW-INCOME, AND LOW-INCOME, AS DESIGNATED BY
THE 
UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ;
(B)  T
HE PERCENTAGE OF HOUSEHOLDS THAT ARE RENTERS ;
(C)  T
HE PERCENTAGE OF COST-BURDENED HOUSEHOLDS , DEFINED AS
HOUSEHOLDS THAT SPEND MORE THAN THIRTY PERCENT OF THE
HOUSEHOLD
'S INCOME ON HOUSING NEEDS;
PAGE 39-HOUSE BILL 24-1313 (D)  THE NUMBER OF ADULTS WHO ARE TWENTY -FIVE YEARS OF AGE
OR OLDER AND HAVE NOT EARNED AT LEAST A HIGH SCHOOL DIPLOMA
;
(E)  T
HE PERCENTAGE OF HOUSEHOLDS IN WHICH ENGLISH IS NOT THE
PRIMARY SPOKEN LANGUAGE
;
(F)  T
HE PERCENTAGE OF HOUSING STOCK BUILT PRIOR TO 1970;
(G)  T
HE LOCATION OF MANUFACTURED HOME PARKS ;
(H)  A
REAS THAT QUALIFY AS DISADVANTAGED AS DETERMINED WITH
THE CLIMATE AND ECONOMIC JUSTICE SCREENING TOOL DEVELOPED BY THE
COUNCIL ON ENVIRONMENTAL QUALITY IN THE OFFICE OF THE PRESIDENT OF
THE 
UNITED STATES; AND
(I)  THE TRANSIT-ORIENTED COMMUNITIES WHERE INCREASES IN
ZONING CAPACITY WILL OCCUR AS A RESULT OF THE REQUIREMENTS OF THIS
PART 
2.
(3)  O
N OR BEFORE JUNE 30, 2025, THE DEPARTMENT SHALL DEVELOP
A LONG
-TERM DISPLACEMENT MITIGATION STRATEGIES MENU THAT
INCLUDES THE FOLLOWING STRATEGIES
:
(a)  D
EVELOPING A PROGRAM TO OFFER TECHNICAL ASSISTANCE AND
FINANCIAL SUPPORT FOR COMMUNITY ORGANIZATIONS TO DEVELOP
INDEPENDENT COMMUNITY LAND TRUSTS
;
(b)  P
RIORITIZING SPENDING ON REGULATED AFFORDABLE HOUSING
UNIT PRESERVATION OR IMPLEMENTING OR CONTINUING DEED RESTRICTIONS
FOR REGULATED AFFORDABLE HOUSING UNITS
;
(c)  P
ROVIDING HOMESTEAD TAX EXEMPTIONS FOR EITHER LONG -TIME
HOMEOWNERS IN NEIGHBORHOODS THAT A DISPLACEMENT RISK ASSESSMENT
IDENTIFIES AS VULNERABLE TO DISPLACEMENT OR LOW
- TO
MODERATE
-INCOME HOMEOWNERS WITHIN , OR WITHIN ONE-HALF MILE OF,
A DESIGNATED TRANSIT CENTER;
(d)  R
EQUIRING MULTIFAMILY HOUSING DEVELOPERS TO CREATE A
COMMUNITY BENEFITS AGREEMENT WITH AFFECTED POPULATIONS WITHIN
ONE
-QUARTER MILE OF A DEVELOPMENT BUILT IN AN AREA THAT IS
PAGE 40-HOUSE BILL 24-1313 VULNERABLE TO DISPLACEMENT ;
(e)  E
NSURING NO NET LOSS WITHIN THE DESIGNATED AREA OF
AFFORDABLE UNITS SUCH THAT AFFORDABILITY LEVELS ARE EQUAL OR
GREATER THAN EXISTING LEVELS OF FAMILY SERVING UNITS THAT INCLUDE
THREE OR MORE BEDROOMS
;
(f)  E
STABLISHING A PROGRAM TO PR OVIDE COMMUNITY OR SMALL
LOCAL BUSINESS INVESTMENT IN AN AREA THAT IS VULNERABLE TO
DISPLACEMENT
; AND
(g)  OTHER STRATEGIES IDENTIFIED BY THE DEPARTMENT THAT
PROVIDE DISPLACEMENT MITIGATION EQUIVALENT TO THE OTHER
STRATEGIES DESCRIBED IN THIS SUBSECTION 
(3).
(4)  I
N DEVELOPING THE DISPLACEMENT RISK MITIGATION STRATEGIES
MENU DESCRIBED IN SUBSECTION 
(3) OF THIS SECTION, THE DEPARTMENT'S
GOALS MUST BE TO SUPPORT
:
(a)  R
ESOURCES, SERVICES, AND INVESTMENTS THAT SERVE
VULNERABLE HOMEOWNERS AND RENTERS WITH ELEVATED RISK OF
DISPLACEMENT
;
(b)  T
HE PRESERVATION OF REGULATED AFFORDABLE HOUSING
STOCK
;
(c)  L
OCAL GOVERNMENT PLANNING AND LAND USE DECISIONS THAT
INCORPORATE INCLUSIVE AND EQUITABLE DISPLACEMENT MITIGATION
STRATEGIES
, AND THE EMPOWERMENT OF LOW -INCOME PERSONS AND
COMMUNITIES OF COLOR TO PARTICIPATE IN THOSE DECISIONS
; AND
(d)  THE ABILITY OF VULNERABLE RESIDENTS TO REMAIN IN OR
RETURN TO THEIR NEIGHBORHOODS OR COMMUNITIES BY ACCESSING NEW
AFFORDABLE HOUSING OPPORTUNITIES IN THEIR NEIGHBORHOODS OR
COMMUNITIES
.
29-37-210.  Transit-oriented communities infrastructure grant
program - transit-oriented communities infrastructure fund -
definitions. (1)  Grant program created. T
HE TRANSIT-ORIENTED
COMMUNITIES INFRASTRUCTURE GRANT PROGRAM IS CREATED IN THE
PAGE 41-HOUSE BILL 24-1313 DEPARTMENT. THE PURPOSE OF THE GRANT PROGRAM IS TO ASSIST LOCAL
GOVERNMENTS IN UPGRADING INFRASTRUCTURE AND SUPPORTING
REGULATED AFFORDABLE HOUSING IN TRANSIT CENTERS AND
NEIGHBORHOOD CENTERS
.
(2)  Allowable purposes. G
RANT RECIPIENTS MAY USE MONEY
RECEIVED THROUGH THE GRANT PROGRAM TO FUND
:
(a)  O
N-SITE INFRASTRUCTURE FOR AFFORDABLE HOUSING ,
INCLUDING REGULATED AFFORDABLE HOUSING , WITHIN A TRANSIT CENTER
OR NEIGHBORHOOD CENTER
;
(b)  P
UBLIC INFRASTRUCTURE PROJECTS THAT ARE WITHIN , OR THAT
PRIMARILY BENEFIT
, A TRANSIT CENTER OR NEIGHBORHOOD CENTER ;
(c)  P
UBLIC INFRASTRUCTURE PROJECTS THAT BENEFIT AFFORDABLE
HOUSING
, INCLUDING REGULATED AFFORDABLE HOUSING , IN A TRANSIT
CENTER OR NEIGHBORHOOD CENTER
;
(d)  A
CTIVITIES RELATED TO DETERMINING WHERE AND HOW BEST TO
IMPROVE INFRASTRUCTURE TO SUPPORT A TRANSIT CENTER OR
NEIGHBORHOOD CENTER
;
(e)  I
NFRASTRUCTURE PROJECT DELIVERY , PLANNING, AND
COMMUNITY ENGAGEMENT
; AND
(f)  ACTIVITIES CONTRACTED BY AN AREA AGENCY ON AGING , AS
DEFINED IN SECTION 
26-11-201 (2), TO A TRANSIT-ORIENTED COMMUNITY TO
PROVIDE SERVICES WITHIN
, OR THAT BENEFIT, TRANSIT CENTERS AND
NEIGHBORHOOD CENTERS
, AND THAT FURTHER THE GOALS OF THIS PART 2.
(3)  Grant program administration. T
HE DEPARTMENT SHALL
ADMINISTER THE GRANT PROGRAM AND
, SUBJECT TO AVAILABLE
APPROPRIATIONS
, AWARD GRANTS AS PROVIDED IN SUBSECTION (7) OF THIS
SECTION AND PROVIDE TECHNICAL ASSISTANCE TO LOCAL GOVERNMENTS IN
COMPLYING WITH THE REQUIREMENTS OF THIS PART 
2.
(4)  Grant program policies and procedures. T
HE DEPARTMENT
SHALL IMPLEMENT THE GRANT PROGRAM IN ACCORDANCE WITH THIS
SECTION
. THE DEPARTMENT SHALL DEVELOP POLICIES AND PROCEDURES AS
PAGE 42-HOUSE BILL 24-1313 NECESSARY TO IMPLEMENT THE GRANT PROGRAM .
(5)  Grant application. T
O RECEIVE A GRANT , A LOCAL
GOVERNMENT MUST SUBMIT AN APPLICATION TO THE DEPARTMENT IN
ACCORDANCE WITH POLICIES AND PROCEDURES DEVELOPED BY THE
DEPARTMENT
.
(6)  Grant program criteria. T
HE DEPARTMENT SHALL REVIEW THE
APPLICATIONS RECEIVED PURSUANT TO THIS SECTION AND SHALL ONLY
AWARD GRANTS TO CERTIFIED TRANSIT
-ORIENTED COMMUNITIES . IN
AWARDING GRANTS
, THE DEPARTMENT SHALL CONSIDER THE FOLLOWING
CRITERIA
:
(a)  T
HE POTENTIAL IMPACT OF A PROJECT THAT A LOCAL
GOVERNMENT WOULD FUND WITH A GRANT AWARD ON THE DEVELOPMENT
OF REGULATED AFFORDABLE HOUSING
, MIXED-USE DEVELOPMENT ,
ACCESSIBLE OR VISITABLE HOUSING UNITS , OR THE CREATION OR
ENHANCEMENT OF HOME OWNERSHIP OPPORTUNITIES WITHIN A TRANSIT
CENTER OR NEIGHBORHOOD CENTER
. IF A PROJECT IS A LARGE-SCALE INFILL
DEVELOPMENT PROJECT
, SUBJECT TO A DISCRETIONARY APPROVAL PROCESS ,
AND ADJACENT TO AN ESTABLISHED NEIGHBORHOOD , THE DEPARTMENT
SHALL GIVE PRIORITY TO SUCH A PROJECT IF A COMMUNITY BENEFITS
AGREEMENT HAS BEEN ESTABLISHED IN CONNECTION WITH THE PROJECT
.
(b)  I
N RESPONSE TO DEMONSTRATED NEEDS , THE EXTENT TO WHICH
THE LOCAL GOVERNMENT HAS
:
(I)  I
NTEGRATED MIXED -USE DEVELOPMENT BY ALLOWING
NEIGHBORHOOD COMMERCIAL USES THAT HAVE THE MAIN PURPOSE OF
MEETING CONSUMER DEMANDS FOR GOODS AND SERVICES WITH AN
EMPHASIS ON SERVING THE SURROUNDING RESIDENTIAL NEIGHBORHOOD
WITHIN ONE
-QUARTER MILE OF A TRANSIT CENTER OR NEIGHBORHOOD
CENTER
;
(II)  A
DOPTED AFFORDABILITY STRATEGIES FROM THE
AFFORDABILITY STRATEGIES MENUS IN SECTION 
29-37-208 BASED ON THE
LOCAL GOVERNMENT
'S DEMONSTRATED HOUSING NEEDS , INCLUDING
HOUSING NEEDS FOR RENTAL AND FOR
-SALE HOUSING AND FOR LOW -,
MODERATE-, AND MEDIUM-INCOME HOUSEHOLDS, AS DESIGNATED BY THE
UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT , AND
PAGE 43-HOUSE BILL 24-1313 PERMANENT SUPPORTIVE HOUSING ;
(III)  A
DOPTED DISPLACEMENT MITIGATION STRATEGIES FROM THE
DISPLACEMENT MITIGATION STRATEGIES MENU IN SECTION 
29-37-209; AND
(IV)  DESIGNATED NEIGHBORHOOD CENTERS WITHIN OPTIONAL
TRANSIT AREAS
; AND
(c)  INFORMATION CONTAINED IN THE REPORTS SUBMITTED BY A
LOCAL GOVERNMENT PURSUANT TO SECTION 
29-37-204 THAT PROVIDES
EVIDENCE THAT THE LOCAL GOVERNMENT HAS MET THE REQUIREMENTS OF
SECTION 
29-37-204.
(7)  Grant awards. S
UBJECT TO AVAILABLE APPROPRIATIONS , THE
DEPARTMENT SHALL AWARD GRANTS USING MONEY IN THE FUND AS
PROVIDED IN THIS SECTION
.
(8) Transit-oriented communities infrastructure fund. (a) (I)  T
HE
TRANSIT
-ORIENTED COMMUNITIES INFRASTRUCTURE FUND IS CREATED IN
THE STATE TREASURY
. THE FUND CONSISTS OF MONEY TRANSFERRED TO THE
FUND PURSUANT TO SUBSECTION
 (8)(a)(III) OF THIS SECTION, GIFTS, GRANTS,
AND DONATIONS, AND ANY OTHER MONEY THAT THE GENERAL ASSEMBLY
MAY APPROPRIATE OR TRANSFER TO THE FUND
. THE STATE TREASURER
SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND
INVESTMENT OF MONEY IN THE FUND TO THE FUND
.
(II)  M
ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE
DEPARTMENT FOR THE PURPOSE OF IMPLEMENTING THE GRANT PROGRAM
,
AND THE DEPARTMENT MAY EXPEND UP TO SIX PERCENT OF ANY MONEY IN
THE FUND FOR COSTS INCURRED BY THE DEPARTMENT IN ADMINISTERING THE
GRANT PROGRAM
.
(III)  O
N JULY 1, 2024, THE STATE TREASURER SHALL TRANSFER
THIRTY
-FIVE MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND .
(9)  Reporting. (a)  O
N OR BEFORE JANUARY 1, 2025, AND EACH
JANUARY 1 THEREAFTER FOR THE DURATION OF THE GRANT PROGRAM , THE
DEPARTMENT SHALL SUBMIT A SUMMARIZED REPORT TO THE HOUSE OF
REPRESENTATIVES TRANSPORTATION
, HOUSING, AND LOCAL GOVERNMENT
COMMITTEE AND THE SENATE LOCAL GOVERNMENT AND HOUSING
PAGE 44-HOUSE BILL 24-1313 COMMITTEE, OR THEIR SUCCESSOR COMMITTEES , ON RELEVANT
INFORMATION REGARDING THE GRANT PROGRAM
.
(b)  N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE REPORTING
REQUIREMENTS SET FORTH IN THIS SECTION CONTINUE UNTIL ALL GRANT
PROGRAM MONEY IS FULLY EXPENDED
.
(10)  Definitions. A
S USED IN THIS SECTION, UNLESS THE CONTEXT
OTHERWISE REQUIRES
:
(a)  "F
UND" MEANS THE TRANSIT -ORIENTED COMMUNITIES
INFRASTRUCTURE FUND CREATED IN SUBSECTION
 (8)(a) OF THIS SECTION.
(b)  "G
RANT PROGRAM " MEANS THE TRANSIT -ORIENTED
COMMUNITIES INFRASTRUCTURE GRANT PROGRAM CREATED IN THIS
SECTION
.
SECTION 2.   In Colorado Revised Statutes, 24-67-105, add (5.5)
as follows:
24-67-105.  Standards and conditions for planned unit
development - definitions. (5.5) (a)  A
NY PLANNED UNIT DEVELOPMENT
RESOLUTION OR ORDINANCE THAT APPLIES WITHIN A TRANSIT CENTER OR
NEIGHBORHOOD CENTER THAT IS ADOPTED OR APPROVED BY A LOCAL
GOVERNMENT ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION 
(5.5)
MUST NOT RESTRICT THE DEVELOPMENT OF HOUSING IN ANY MANNER THAT
IS INCONSISTENT WITH THE REQUIREMENTS FOR DESIGNATING AN AREA AS
A TRANSIT CENTER PURSUANT TO SECTION 
29-37-205, OR AS A
NEIGHBORHOOD CENTER PURSUANT TO SECTION 
29-37-206.
(b)  A
NY PLANNED UNIT DEVELOPMENT RESOLUTION OR ORDINANCE
THAT APPLIES WITHIN A TRANSIT CENTER OR NEIGHBORHOOD CENTER THAT
IS ADOPTED OR APPROVED BY A LOCAL GOVERNMENT BEFORE THE EFFECTIVE
DATE OF THIS SUBSECTION 
(5.5) AND THAT RESTRICTS THE DEVELOPMENT OF
HOUSING IN ANY MANNER THAT IS INCONSISTENT WITH THE REQUIREMENTS
FOR DESIGNATING AN AREA AS A TRANSIT CENTER PURSUANT TO SECTION
29-37-205, OR AS A NEIGHBORHOOD CENTER PURSUANT TO SECTION
29-37-206:
(I)  M
UST NOT BE INTERPRETED OR ENFORCED TO RESTRICT THE
PAGE 45-HOUSE BILL 24-1313 DEVELOPMENT OF MULTIFAMILY RESIDENTIAL DWELLING UNITS SO THAT A
TRANSIT
-ORIENTED COMMUNITY COULD NOT DESIGNATE AN AREA AS A
TRANSIT CENTER OR NEIGHBORHOOD CENTER THAT WOULD OTHERWISE
QUALIFY AS SUCH
; AND
(II)  MAY BE SUPERSEDED BY THE ADOPTION OF A LOCAL LAW
ADOPTED IN ACCORDANCE WITH THE REQUIREMENTS FOR DESIGNATION OF
A TRANSIT CENTER PURSUANT TO SECTION 
29-37-205, OR AS A
NEIGHBORHOOD CENTER PURSUANT TO SECTION 
29-37-206.
(c)  N
OTWITHSTANDING SUBSECTION (5.5)(b) OF THIS SECTION, A
LOCAL GOVERNMENT MAY ADOPT CONFORMING AMENDMENTS TO ANY SUCH
PLANNED UNIT DEVELOPMENT RESOLUTION OR ORDINANCE
.
(d)  A
S USED IN THIS SUBSECTION (5.5), UNLESS THE CONTEXT
OTHERWISE REQUIRES
:
(I)  "L
OCAL LAW" HAS THE SAME MEANING AS SET FORTH IN SECTION
29-37-102 (12).
(II)  "N
EIGHBORHOOD CENTER " HAS THE SAME MEANING AS SET
FORTH IN SECTION 
29-37-202 (5).
(III)  "T
RANSIT CENTER" HAS THE SAME MEANING AS SET FORTH IN
SECTION 
29-37-202 (10).
SECTION 3. In Colorado Revised Statutes, 29-20-203, add (1.5)
as follows:
29-20-203.  Conditions on land-use approvals. (1.5)  W
HEN
REQUIRING AN OWNER OF PRIVATE PROPERTY TO DEDICATE REAL PROPERTY
TO THE PUBLIC
, IF THE SUBJECT PROPERTY DOES NOT MEET LOCAL
GOVERNMENT STANDARDS FOR DEDICATI ON AS DETERMINED BY THE LOCAL
GOVERNMENT
, INCLUDING DEDICATION TO THE PARKS , TRAILS, OR OPEN
SPACE SYSTEMS
, A LOCAL GOVERNMENT SHALL PROVIDE THE PRIVATE
PROPERTY OWNER THE OPTION OF PAYING A FEE IN LIEU OF DEDICATION
.
SECTION 4.   In Colorado Revised Statutes, 38-33.3-106.5, add (5)
as follows:
PAGE 46-HOUSE BILL 24-1313 38-33.3-106.5.  Prohibitions contrary to public policy - patriotic,
political, or religious expression - public rights-of-way - fire prevention
- renewable energy generation devices - affordable housing - drought
prevention measures - child care - definitions. (5) (a)  I
N A TRANSIT
CENTER OR NEIGHBORHOOD CENTER
, AN ASSOCIATION SHALL NOT ADOPT A
PROVISION OF A DECLARATION
, BYLAW, OR RULE ON OR AFTER THE
EFFECTIVE DATE OF THIS SUBSECTION 
(5) THAT RESTRICTS THE
DEVELOPMENT OF HOUSING MORE THAN THE LOCAL LAW THAT APPLIES
WITHIN THE TRANSIT CENTER OR NEIGHBORHOOD CENTER
, AND ANY
PROVISION OF A DECLARATION
, BYLAW, OR RULE THAT INCLUDES SUCH A
RESTRICTION IS VOID AS A MATTER OF PUBLIC POLICY
.
(b)  I
N A TRANSIT CENTER OR NEIGHBORHOOD CENTER , NO PROVISION
OF A DECLARATION
, BYLAW, OR RULE OF AN ASSOCIATION THAT IS ADOPTED
BEFORE THE EFFECTIVE DATE OF THIS SUBSECTION 
(5) MAY RESTRICT THE
DEVELOPMENT OF HOUSING MORE THAN THE LOCAL LAW THAT APPLIES
WITHIN THE TRANSIT CENTER OR NEIGHBORHOOD CENTER
, AND ANY
PROVISION OF A DECLARATION
, BYLAW, OR RULE THAT INCLUDES SUCH A
RESTRICTION IS VOID AS A MATTER OF PUBLIC POLICY
.
(c)  A
S USED IN THIS SUBSECTION (5), UNLESS THE CONTEXT
OTHERWISE REQUIRES
:
(I)  "L
OCAL LAW" HAS THE SAME MEANING AS SET FORTH IN SECTION
29-37-102 (11).
(II)  "N
EIGHBORHOOD CENTER " HAS THE SAME MEANING AS SET
FORTH IN SECTION 
29-37-202 (5).
(III)  "T
RANSIT CENTER" HAS THE SAME MEANING AS SET FORTH IN
SECTION 
29-37-202 (10).
SECTION 5. In Colorado Revised Statutes, 43-1-1103, add (5.5)
as follows:
43-1-1103.  Transportation planning. (5.5)  T
HE DEPARTMENT OF
TRANSPORTATION SHALL CONDUCT A STUDY THAT IDENTIFIES
:
(a)  P
OLICY BARRIERS AND OPPORTUNITIES WITHIN THE DEPARTMENT
THAT INCLUDES AN EXAMINATION OF POLICIES WITHIN THE STATE ACCESS
PAGE 47-HOUSE BILL 24-1313 CODE, ROADWAY DESIGN STANDARDS , AND THE TREATMENT OF PEDESTRIAN
AND BICYCLE CROSSINGS
. THE STUDY SHALL EXAMINE THE IMPACT OF THESE
POLICIES ON NEIGHBORHOOD CENTERS AND TRANSIT CENTERS
, INCLUDING
THE IMPACT ON HOUSING PRODUCTION
, THE IMPLEMENTATION OF
CONTEXT
-SENSITIVE DESIGN, COMPLETE STREETS, AND PEDESTRIAN-BICYCLE
SAFETY MEASURES
; AND
(b)  THE PORTIONS OF STATE HIGHWAY THAT PASS THROUGH
LOCALLY
-IDENTIFIED TRANSIT CENTERS AND NEIGHBOR HOOD CENTERS THAT
ARE APPROPRIATE FOR CONTEXT
-SENSITIVE DESIGN, COMPLETE STREETS AS
DEFINED IN THE 
"INFRASTRUCTURE INVESTMENT AND JOBS ACT", PUB.L.
117-5,
 AND PEDESTRIAN-BICYCLE SAFETY MEASURES.
SECTION 6. Appropriation. (1)  For the 2024-25 state fiscal year,
$183,138 is appropriated to the office of the governor for use by the
Colorado energy office. This appropriation is from the general fund and is
based on the assumption that the office will require an additional 0.8 FTE.
To implement this act, the office may use this appropriation for program
administration.
(2)  For the 2024-25 state fiscal year, $70,000 is appropriated to the
office of the governor for use by the office of information technology. This
appropriation is from reappropriated funds received from the department of
local affairs from the transit-oriented communities infrastructure fund
created in section 29-37-210 (8)(a)(I), C.R.S. To implement this act, the
office may use this appropriation to provide information technology
services for the department of local affairs.
SECTION 7. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
PAGE 48-HOUSE BILL 24-1313 preservation of the public peace, health, or safety or for appropriations for
the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________  ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
            APPROVED________________________________________
                                                        (Date and Time)
                              _________________________________________
                             Jared S. Polis
                             GOVERNOR OF THE STATE OF COLORADO
PAGE 49-HOUSE BILL 24-1313