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Colorado House Bill HB1313

Colorado 2024 Regular Session

Colorado House Bill HB1313 Compare Versions

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1+Second Regular Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 24-0288.03 Pierce Lively x2059
18 HOUSE BILL 24-1313
2-BY REPRESENTATIVE(S) Woodrow and Jodeh, Bacon, Boesenecker,
3-deGruy Kennedy, Epps, Froelich, Garcia, Hernandez, Herod, Kipp, Lindsay,
4-Lindstedt, Mabrey, McCormick, Parenti, Rutinel, Sirota, Story, Valdez,
5-Vigil, McCluskie, English, Ortiz, Titone, Weissman, Willford;
6-also SENATOR(S) Hansen and Winter F., Cutter, Hinrichsen, Priola.
9+House Committees Senate Committees
10+Transportation, Housing & Local Government Local Government & Housing
11+Finance Appropriations
12+Appropriations
13+A BILL FOR AN ACT
714 C
8-ONCERNING MEASURES TO INCREASE THE AFFORDABILITY OF HOUSING IN
9-TRANSIT
10--ORIENTED COMMUNITIES, AND, IN CONNECTION THEREWITH,
11-MAKING AN APPROPRIATION.
12-
13-Be it enacted by the General Assembly of the State of Colorado:
14-SECTION 1. In Colorado Revised Statutes, add article 37 to title
15-29 as follows:
16-ARTICLE 37
17-State Land Use Criteria For Strategic Growth
18-PART 1
19-DEFINITIONS
20-29-37-101. Short title. T
21-HE SHORT TITLE OF THIS ARTICLE 37 IS THE
22-"STATE LAND USE CRITERIA FOR STRATEGIC GROWTH ACT".
23-NOTE: This bill has been prepared for the signatures of the appropriate legislative
24-officers and the Governor. To determine whether the Governor has signed the bill
25-or taken other action on it, please consult the legislative status sheet, the legislative
26-history, or the Session Laws.
27-________
28-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29-through words or numbers indicate deletions from existing law and such material is not part of
30-the act. 29-37-102. Legislative declaration. (1) T HE GENERAL ASSEMBLY
31-HEREBY FINDS
32-, DETERMINES, AND DECLARES THAT:
15+ONCERNING MEASURES TO INCRE ASE THE AFFORDABILITY OF101
16+HOUSING IN TRANSIT -ORIENTED
17+COMMUNITIES, AND, IN102
18+CONNECTION THEREWITH , MAKING AN APPROPRIATION .103
19+Bill Summary
20+(Note: This summary applies to this bill as introduced and does
21+not reflect any amendments that may be subsequently adopted. If this bill
22+passes third reading in the house of introduction, a bill summary that
23+applies to the reengrossed version of this bill will be available at
24+http://leg.colorado.gov
25+.)
26+Section 1 of the bill establishes a category of local government: A
27+transit-oriented community. As defined in the bill, a transit-oriented
28+community is either a local government that:
29+! Is entirely within a metropolitan planning organization;
30+! Has a population of 4,000 or more; and
31+SENATE
32+3rd Reading Unamended
33+May 7, 2024
34+SENATE
35+Amended 2nd Reading
36+May 5, 2024
37+HOUSE
38+3rd Reading Unamended
39+April 14, 2024
40+HOUSE
41+Amended 2nd Reading
42+April 12, 2024
43+HOUSE SPONSORSHIP
44+Woodrow and Jodeh, Bacon, Boesenecker, deGruy Kennedy, Epps, Froelich, Garcia,
45+Hernandez, Herod, Kipp, Lindsay, Lindstedt, Mabrey, McCluskie, McCormick, Parenti,
46+Rutinel, Sirota, Story, Valdez, Vigil
47+SENATE SPONSORSHIP
48+Hansen and Winter F., Cutter, Hinrichsen, Priola
49+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
50+Capital letters or bold & italic numbers indicate new material to be added to existing law.
51+Dashes through the words or numbers indicate deletions from existing law. ! Contains at least 75 acres of certain transit-related areas; or
52+If the local government is a county, contains either a part of:
53+! A transit station area that is both in an unincorporated part
54+of the county and within one-half mile of a station that
55+serves a commuter rail service or light rail service; or
56+! A transit corridor area that both is in an unincorporated part
57+of the county and is fully encompassed by one or more
58+municipalities.
59+The bill requires a transit-oriented community to meet its housing
60+opportunity goal and relatedly requires the department to:
61+! On or before July 31, 2024, publish a map that designates
62+transit areas that transit-oriented communities shall use in
63+calculating their housing opportunity goal; and
64+! On or before December 31, 2024, publish models and
65+guidance to assist a transit-oriented community in meeting
66+its housing opportunity goal.
67+A housing opportunity goal is a zoning capacity goal determined
68+based on an average zoned housing density and the amount of
69+transit-related areas within a transit-oriented community. The bill requires
70+a transit-oriented community to meet its housing opportunity goal by
71+ensuring that enough areas in the transit-oriented community qualify as
72+transit centers. In order to qualify as a transit center, an area must:
73+! Be composed of zoning districts that uniformly allow a net
74+housing density of at least 15 units per acre;
75+! Identify the net housing density allowed by law;
76+! Meet a housing density established by the transit-oriented
77+community;
78+! Not include any area where local law exclusively restricts
79+housing occupancy based on age or other factors;
80+! Have an administrative approval process for multifamily
81+residential property development on parcels that are 5 acres
82+or less in size;
83+! Be composed of contiguous parcels, if located partially
84+outside of a transit area; and
85+! Be located wholly within a transit area and not extend more
86+than one-quarter mile from the edge of a transit area, unless
87+the department allows otherwise.
88+A transit-oriented community is required to demonstrate that it has
89+met is housing opportunity goal by submitting a housing opportunity goal
90+report to the department of local affairs (department). A housing
91+opportunity goal report must include:
92+! The housing opportunity goal calculation that the
93+transit-oriented community used in determining its housing
94+opportunity goal;
95+! Evidence that the transit-oriented community has met its
96+1313
97+-2- housing opportunity goal;
98+! A map that identifies the boundaries of any transit centers
99+within the transit-oriented community;
100+! If relevant, a plan to address potential insufficient water
101+supplies for meeting the transit-oriented community's
102+housing opportunity goal;
103+! Affordability strategies that the transit-oriented community
104+will implement in meeting its housing opportunity goal.
105+The transit-oriented community shall select some of these
106+strategies from the standard and long-term affordability
107+strategies menus in the bill, and the transit-oriented
108+community shall include an implementation plan describing
109+how it will implement these strategies.
110+! Any displacement mitigation strategies that the
111+transit-oriented community has or will adopt from the
112+displacement mitigation strategies menu in the bill and an
113+implementation plan describing how it will implement
114+these strategies.
115+Additionally, the bill requires a transit-oriented community to submit a
116+progress report to the department every 3 years.
117+After receiving a transit-oriented community's housing opportunity
118+goal report, the department shall either approve the report or provide
119+direction to the transit-oriented community for amending and
120+resubmitting the report and require the transit-oriented community to
121+resubmit the report. If a transit-oriented community does not submit a
122+housing opportunity goal report to the department on or before December
123+31, 2026, or if the department does not approve a transit-oriented
124+community's housing opportunity goal report, the department will
125+designate the transit-oriented community as a nonqualified
126+transit-oriented community. Similarly, if a transit-oriented community
127+does not submit a progress report to the department every 3 years, or if
128+the department does not approve a transit-oriented community's progress
129+report, the department will designate the transit-oriented community as a
130+nonqualified transit-oriented community.
131+The state treasurer shall transfer any money that a nonqualified
132+transit-oriented community would have otherwise been allocated from the
133+highway users tax fund instead to the transit-oriented communities
134+highway users tax account (account). The department shall not use any
135+money in the account that is attributable to a specific nonqualified
136+transit-oriented community until 180 days after the transit-oriented
137+community became a nonqualified transit-oriented community. If a
138+nonqualified transit-oriented community no longer qualifies as a
139+nonqualified transit-oriented community during that 180-day period, the
140+treasurer shall issue a warrant to the transit-oriented community for the
141+amount of money that was diverted from the transit-oriented community
142+1313
143+-3- to the account.
144+If the department does not approve a transit-oriented community's
145+housing opportunity goal report on or before December 31, 2027, the
146+department may seek an injunction requiring the transit-oriented
147+community to comply with the requirements of the bill.
148+In addition to designating an area as a transit center for purposes
149+of meeting a housing opportunity goal, the bill allows local governments
150+to designate an area as a neighborhood center so long as the local
151+government ensures that the area:
152+! Has an average zoned housing density sufficient to increase
153+public transit ridership;
154+! Has an administrative approval process for multifamily
155+residential property development on parcels that are no
156+larger than a size determined by the department;
157+! Has a mixed-use walkable neighborhood; and
158+! Satisfies any other criteria required by the department.
159+The bill also creates the transit-oriented communities infrastructure
160+fund grant program (grant program) within the department. The purpose
161+of the grant program is to assist local governments in upgrading
162+infrastructure within transit centers and neighborhood centers. In
163+administering the grant program, the department shall prioritize grant
164+applicants based on the information in the reports described in the bill.
165+Grants from the grant program are awarded from money in the
166+transit-oriented communities infrastructure fund (fund). The fund consists
167+of gifts, grants, and donations along with money that the general assembly
168+may appropriate or transfer to the fund and money in the account
169+described in the bill. The fund is continuously appropriated. On July 1,
170+2024, the state treasurer shall transfer $35 million from the general fund
171+to the fund.
172+Section 2 prohibits a planned unit development resolution or
173+ordinance for a planned unit development that is adopted on or after the
174+effective date of the bill and that applies within a transit-oriented center
175+or neighborhood center from restricting the development of housing more
176+than the local law that applies to that transit-oriented center or
177+neighborhood center.
178+Section 3 states that any restriction by a unit owners' association
179+within a transit-oriented center or neighborhood center on the
180+development of housing that is adopted on or after the effective date of
181+the bill and is beyond the local law that applies to that transit-oriented
182+center or neighborhood center is void as a matter of public policy.
183+Sections 4 and 5 require the Colorado housing and financing
184+authority to allocate tax credits under the state affordable housing tax
185+credit to qualified housing developments within transit centers.
186+1313-4- Be it enacted by the General Assembly of the State of Colorado:1
187+SECTION 1. In Colorado Revised Statutes, add article 35 to title2
188+29 as follows:3
189+ARTICLE 35 4
190+State Land Use Criteria For Strategic Growth5
191+PART 16
192+DEFINITIONS7
193+29-35-101. Short title. T
194+HE SHORT TITLE OF THIS ARTICLE 35 IS8
195+THE "STATE LAND USE CRITERIA FOR STRATEGIC GROWTH ACT".9
196+29-35-102. Legislative declaration. (1) T
197+HE GENERAL ASSEMBLY10
198+HEREBY FINDS, DETERMINES, AND DECLARES THAT:11
33199 (a) S
34-INCE THE "LOCAL GOVERNMENT LAND USE CONTROL
35-ENABLING ACT OF 1974", ARTICLE 20 OF TITLE 29, WAS ADOPTED,
200+INCE THE "LOCAL GOVERNMENT LAND USE CONTROL12
201+E
202+NABLING ACT OF 1974", ARTICLE 20 OF TITLE 29, WAS ADOPTED,13
36203 C
37-OLORADO'S POPULATION HAS MORE THAN DOUBLED , WITH THE STATE
38-GROWING AT TWICE THE NATIONAL RATE BETWEEN
39-2010 AND 2020;
204+OLORADO'S POPULATION HAS MORE THAN DOUBLED , WITH THE STATE14
205+GROWING AT TWICE THE NATIONAL RATE BETWEEN 2010 AND 2020;15
40206 (b) T
41-HE COLORADO STATE DEMOGRAPHY OFFICE ESTIMATES THAT
42-COLORADO WILL ADD ONE MILLION SEVEN HUNDRED THOUSAND TWO
43-HUNDRED PEOPLE BY
44-2050, BRINGING COLORADO'S POPULATION TO NEARLY
45-SEVEN MILLION FIVE HUNDRED THOUSAND
46-. THE NEED FOR HOUSING FOR THE
47-GROWING POPULATION IS AN ISSUE THAT AFFECTS ALL
48-COLORADO
49-COMMUNITIES REGARDLESS OF REGION OR SIZE
50-. IN A BIPARTISAN POLL
51-CONDUCTED BY THE
52-COLORADO POLLING INSTITUTE IN NOVEMBER 2023,
207+HE COLORADO STATE DEMOGRAPHY OFFICE ESTIMATES THAT16
53208 C
54-OLORADO VOTERS LISTED HOUSING AFFORDABILITY AS ONE OF THEIR TOP
55-FIVE ISSUES FOR THE
56-COLORADO STATE GOVERNMENT TO ADDRESS .
57-T
58-HEREFORE, IT IS CRITICAL TO ADDRESS THE COST AND AVAILABILITY OF
59-HOUSING ACROSS THE STATE TO ADDRESS HISTORIC POPULATION GROWTH
60-.
61-(c) I
62-N EXPERIENCING SIGNIFICANT POPULATION GROWTH AT A TIME
63-OF INCREASED VEHICLE OWNERSHIP AND COMMUTE TIMES
64-, THE SUPPLY AND
65-AFFORDABILITY OF HOUSING IN ONE COMMUNITY AFFECTS THE RESOURCES
66-OF NEIGHBORING COMMUNITIES
67-. COLORADO'S NEED FOR HOUSING IMPACTS
68-THE STATE
69-'S TRANSIT, TRANSPORTATION, EMPLOYMENT, ECONOMY, ENERGY,
70-WATER, AND INFRASTRUCTURE AND REQUIRES INNOVATIVE , COLLABORATIVE
71-SOLUTIONS
72-.
209+OLORADO WILL ADD ONE MILLION SEVEN HUNDRED THOUSAND TWO17
210+HUNDRED PEOPLE BY 2050, BRINGING COLORADO'S POPULATION TO18
211+NEARLY SEVEN MILLION FIVE HUNDRED THOUSAND . THE NEED FOR19
212+HOUSING FOR THE GROWING POPULATION IS AN ISSUE THAT AFFECTS ALL20
213+C
214+OLORADO COMMUNITIES REGARDLESS OF REGION OR SIZE . IN A21
215+BIPARTISAN POLL CONDUCTED BY THE COLORADO POLLING INSTITUTE IN22
216+N
217+OVEMBER 2023, COLORADO VOTERS LISTED HOUSING AFFORDABILITY AS23
218+ONE OF THEIR TOP FIVE ISSUES FOR THE COLORADO STATE GOVERNMENT24
219+TO ADDRESS. THEREFORE, IT IS CRITICAL TO ADDRESS THE COST AND25
220+AVAILABILITY OF HOUSING ACROSS THE STATE TO ADDRESS HISTORIC26
221+POPULATION GROWTH.27
222+1313
223+-5- (c) IN EXPERIENCING SIGNIFICANT POPULATION GROWTH AT A TIME1
224+OF INCREASED VEHICLE OWNERSHIP AND COMMUTE TIMES , THE SUPPLY2
225+AND AFFORDABILITY OF HOUSING IN ONE COMMUNITY AFFECTS THE3
226+RESOURCES OF NEIGHBORING COMMUNITIES . COLORADO'S NEED FOR4
227+HOUSING IMPACTS THE STATE'S TRANSIT, TRANSPORTATION, EMPLOYMENT,5
228+ECONOMY, ENERGY, WATER, AND INFRASTRUCTURE AND REQUIRES6
229+INNOVATIVE, COLLABORATIVE SOLUTIONS.7
73230 (d) C
74-OLORADO'S HOUSING SUPPLY HAS NOT KEPT PACE WITH
75-POPULATION GROWTH IN THE STATE
76-. BETWEEN 2010 AND 2020, COLORADO
77-ADDED ONE HUNDRED TWENTY
78--SIX THOUSAND FEWER HOUSING UNITS THAN
79-IN THE PRIOR DECADE
80-, DESPITE COLORADO'S POPULATION INCREASING BY A
81-SIMILAR AMOUNT IN EACH DECADE
82-. THE STATE DEMOGRAPHER ESTIMATES
83-THAT BETWEEN APPROXIMATELY SIXTY
84--FIVE THOUSAND AND NINETY
85-THOUSAND HOUSING UNITS ARE NEEDED TO KEEP PACE WITH
86-COLORADO'S
87-CURRENT POPULATION GROWTH
88-.
231+OLORADO'S HOUSING SUPPLY HAS NOT KEPT PACE WITH8
232+POPULATION GROWTH IN THE STATE . BETWEEN 2010 AND 2020,9
233+C
234+OLORADO ADDED ONE HUNDRED TWENTY -SIX THOUSAND FEWER10
235+HOUSING UNITS THAN IN THE PRIOR DECADE , DESPITE COLORADO'S11
236+POPULATION INCREASING BY A SIMILAR AMOUNT IN EACH DECADE . THE12
237+STATE DEMOGRAPHER ESTIMATES THAT BETWEEN APPROXIMATELY13
238+SIXTY-FIVE THOUSAND AND NINETY THOUSAND HOUSING UNITS ARE14
239+NEEDED TO KEEP PACE WITH COLORADO'S CURRENT POPULATION GROWTH .15
89240 (e) A
90-CROSS THE STATE, COLORADO NEEDS MORE HOUSING
91-URGENTLY TO SUPPORT OUR GROWING WORKFORCE
92-, AND HOUSING
93-OPPORTUNITIES ARE NEEDED ACROSS ALL INCOME LEVELS
94-. ADDRESSING THE
95-PAGE 2-HOUSE BILL 24-1313 CRITICAL ISSUE OF COST AND AVAILABILITY OF HOUSING REQUIRES
96-MAINTAINING AND EXPANDING ACCESS TO AFFORDABLE AND ATTAINABLE
97-HOUSING BY REMOVING BARRIERS TO AND EXPEDITING NEW HOUSING
98-OPPORTUNITIES FOR EVERY COMMUNITY
99-, ESPECIALLY NEAR TRANSIT. AS
100-HOUSING RENTS AND PRICES HAVE INCREASED FASTER THAN WAGES ACROSS
101-THE STATE
102-, INDIVIDUAL HOUSEHOLDS ARE EXPERIENCING DISPLACEMENT
103-FROM HOMES THEY COULD ONCE AFFORD AND HAVING TO LIVE FARTHER
104-FROM WORK WITH INCREASED COMMUTE TIMES
105-. AS STATE AND LOCAL
106-GOVERNMENTS SEEK TO INCREASE HOUSING OPTIONS AND ADDRESS
107-AFFORDABILITY FOR RESIDENTS
108-, IT IS ESSENTIAL TO PROVIDE SOLUTIONS
109-THAT INCORPORATE TRANSIT NEEDS AS WELL
110-.
241+CROSS THE STATE, COLORADO NEEDS MORE HOUSING16
242+URGENTLY TO SUPPORT OUR GROWING WORKFORCE , AND HOUSING17
243+OPPORTUNITIES ARE NEEDED ACROSS ALL INCOME LEVELS . ADDRESSING18
244+THE CRITICAL ISSUE OF COST AND AVAILABILITY OF HOUSING REQUIRES19
245+MAINTAINING AND EXPANDING ACCESS TO AFFORDABLE AND ATTAINABLE20
246+HOUSING BY REMOVING BARRIERS TO AND EXPEDITING NEW HOUSING21
247+OPPORTUNITIES FOR EVERY COMMUNITY , ESPECIALLY NEAR TRANSIT. AS22
248+HOUSING RENTS AND PRICES HAVE INCREASED FASTER THAN WAGES23
249+ACROSS THE STATE , INDIVIDUAL HOUSEHOLDS ARE EXPERIENCING24
250+DISPLACEMENT FROM HOMES THEY COULD ONCE AFFORD AND HAVING TO25
251+LIVE FARTHER FROM WORK WITH INCREASED COMMUTE TIMES . AS STATE26
252+AND LOCAL GOVERNMENTS SEEK TO INCREASE HOUSING OPTIONS AND27
253+1313
254+-6- ADDRESS AFFORDABILITY FOR RESIDENTS , IT IS ESSENTIAL TO PROVIDE1
255+SOLUTIONS THAT INCORPORATE TRANSIT NEEDS AS WELL .2
111256 (f) B
112-ETWEEN 2010 AND 2021, THE PERCENTAGE OF COLORADANS
113-MAKING LESS THAN SEVENTY
114--FIVE THOUSAND DOLLARS A YEAR WHO WERE
115-HOUSING COST
116--BURDENED, MEANING THEY SPEND MORE THAN THIRTY
117-PERCENT OF THEIR INCOME ON HOUSING NEEDS
118-, INCREASED FROM
119-FIFTY
120--FOUR PERCENT TO SIXTY-ONE PERCENT, AND, FOR RENTERS MAKING
121-LESS THAN SEVENTY
122--FIVE THOUSAND DOLLARS A YEAR , THAT PERCENTAGE
123-INCREASED FROM FIFTY
124--NINE PERCENT TO SEVENTY -THREE PERCENT,
125-ACCORDING TO THE AMERICAN COMMUNITY SURVEY;
257+ETWEEN 2010 AND 2021, THE PERCENTAGE OF COLORADANS3
258+MAKING LESS THAN SEVENTY -FIVE THOUSAND DOLLARS A YEAR WHO4
259+WERE HOUSING COST-BURDENED, MEANING THEY SPEND MORE THAN5
260+THIRTY PERCENT OF THEIR INCOME ON HOUSING NEEDS , INCREASED FROM6
261+FIFTY-FOUR PERCENT TO SIXTY-ONE PERCENT, AND, FOR RENTERS MAKING7
262+LESS THAN SEVENTY -FIVE THOUSAND DOLLARS A YEAR , THAT8
263+PERCENTAGE INCREASED FROM FIFTY -NINE PERCENT TO SEVENTY-THREE9
264+PERCENT, ACCORDING TO THE AMERICAN COMMUNITY SURVEY;10
126265 (g) N
127-ATIONALLY, CITIES WITH THE HIGHEST HOUSING COSTS AND
128-LOWEST VACANCY RATES EXPERIENCE THE HIGHEST RATES OF
129-HOMELESSNESS
130-, ACCORDING TO A REPORT BY THE URBAN INSTITUTE,
266+ATIONALLY, CITIES WITH THE HIGHEST HOUSING COSTS AND11
267+LOWEST VACANCY RATES EXPERIENCE THE HIGHEST RATES OF12
268+HOMELESSNESS, ACCORDING TO A REPORT BY THE URBAN INSTITUTE,13
131269 "U
132-NSHELTERED HOMELESSNESS: TRENDS, CHARACTERISTICS, AND
133-HOMELESS HISTORIES". THESE INDICATORS EXPLAIN A GREATER PORTION OF
134-THE VARIATION IN REGIONAL RATES OF HOMELESSNESS THAN OTHER
135-COMMONLY ASSUMED FACTORS
136-, SUCH AS POVERTY RATE, SUBSTANCE USE,
137-OR MENTAL ILLNESS, ACCORDING TO A STUDY IN THE EUROPEAN JOURNAL
138-OF
139-HOUSING POLICY, "THE ECONOMICS OF HOMELESSNESS: THE EVIDENCE
140-FROM
141-NORTH AMERICA".
270+NSHELTERED HOMELESSNESS: TRENDS, CHARACTERISTICS, AND14
271+H
272+OMELESS HISTORIES". THESE INDICATORS EXPLAIN A GREATER PORTION15
273+OF THE VARIATION IN REGIONAL RATES OF HOMELESSNESS THAN OTHER16
274+COMMONLY ASSUMED FACTORS , SUCH AS POVERTY RATE, SUBSTANCE USE,17
275+OR MENTAL ILLNESS, ACCORDING TO A STUDY IN THE EUROPEAN JOURNAL18
276+OF HOUSING POLICY, "THE ECONOMICS OF HOMELESSNESS: THE19
277+E
278+VIDENCE FROM NORTH AMERICA".20
142279 (h) H
143-OUSING PRICES ARE TYPICALLY HIGHER WHEN HOUSING SUPPLY
144-IS RESTRICTED BY LOCAL LAND USE REGULATIONS IN A METROPOLITAN
145-REGION
146-, ACCORDING TO STUDIES SUCH AS THE NATIONAL BUREAU OF
147-ECONOMIC RESEARCH WORKING PAPERS "REGULATION AND HOUSING
148-SUPPLY" AND "THE IMPACT OF ZONING ON HOUSING AFFORDABILITY".
280+OUSING PRICES ARE TYPICALLY HIGHER WHEN HOUSING21
281+SUPPLY IS RESTRICTED BY LOCAL LAND USE REGULATIONS IN A22
282+METROPOLITAN REGION, ACCORDING TO STUDIES SUCH AS THE NATIONAL23
283+B
284+UREAU OF ECONOMIC RESEARCH WORKING PAPERS "REGULATION AND24
285+H
286+OUSING SUPPLY" AND "THE IMPACT OF ZONING ON HOUSING25
287+A
288+FFORDABILITY". INCREASING HOUSING SUPPLY MODERATES PRICE26
289+INCREASES AND IMPROVES HOUSING AFFORDABILITY ACROSS ALL27
290+1313
291+-7- INCOMES, ACCORDING TO STUDIES SUCH AS "THE ECONOMIC1
149292 I
150-NCREASING HOUSING SUPPLY MODERATES PRICE INCREASES AND IMPROVES
151-HOUSING AFFORDABILITY ACROSS ALL INCOMES
152-, ACCORDING TO STUDIES
153-SUCH AS
154-"THE ECONOMIC IMPLICATIONS OF HOUSING SUPPLY", IN THE
155-PAGE 3-HOUSE BILL 24-1313 JOURNAL OF ECONOMIC PERSPECTIVES, AND "SUPPLY SKEPTICISM: HOUSING
156-SUPPLY AND AFFORDABILITY", IN THE JOURNAL HOUSING POLICY DEBATE.
293+MPLICATIONS OF HOUSING SUPPLY", IN THE JOURNAL OF ECONOMIC2
294+P
295+ERSPECTIVES, AND "SUPPLY SKEPTICISM: HOUSING SUPPLY AND3
296+A
297+FFORDABILITY", IN THE JOURNAL HOUSING POLICY DEBATE.4
157298 (i) R
158-ESEARCHERS HAVE FOUND SUBSTANTIAL EVIDENCE THAT NEW
159-HOUSING CONSTRUCTION ENABLES HOUSEHOLDS TO MOVE WITHIN A REGION
160-,
161-OPENS UP HOUSING OPTIONS FOR MORE DIVERSE INCOME LEVELS , AND
162-PROMOTES COMPETITION THAT LIMITS HOUSING COST INCREASES
163-,
164-ACCORDING TO THE NEW YORK UNIVERSITY LAW AND ECONOMICS
165-RESEARCH PAPER
166-"SUPPLY SKEPTICISM REVISITED". WHILE NEW HOUSING
167-SUPPLY CAN RARELY MEET THE NEEDS OF THE LOWEST INCOME HOUSEHOLDS
168-,
169-ENABLING NEW HOUSING SUPPLY CAN MODERATE PRICE INCREASES AND
170-REDUCE THE NUMBER OF HOUSEHOLDS THAT NEED SUBSIDIES TO AFFORD
171-HOUSING
172-. RESIDENT OPPOSITION FREQUENTLY LIMITS NEW HOUSING
173-DEVELOPMENT IN EXISTING COMMUNITIES AND EITHER LEADS TO LESS
174-HOUSING PRODUCTION AND INCREASED HOUSING COSTS OR PUSHES HOUSING
175-DEVELOPMENT TO GREENFIELD AREAS WHERE THERE ARE FEWER NEIGHBORS
176-BUT GREATER ENVIRONMENTAL AND FISCAL COSTS
177-.
178-29-37-103. Definitions. A
179-S USED IN THIS ARTICLE 37, UNLESS THE
180-CONTEXT OTHERWISE REQUIRES
181-:
299+ESEARCHERS HAVE FOUND SUBSTANTIAL EVIDENCE THAT NEW5
300+HOUSING CONSTRUCTION ENABLES HOUSEHOLDS TO MOVE WITHIN A6
301+REGION, OPENS UP HOUSING OPTIONS FOR MORE DIVERSE INCOME LEVELS ,7
302+AND PROMOTES COMPETITION THAT LIMITS HOUSING COST INCREASES ,8
303+ACCORDING TO THE NEW YORK UNIVERSITY LAW AND ECONOMICS9
304+RESEARCH PAPER "SUPPLY SKEPTICISM REVISITED". WHILE NEW HOUSING10
305+SUPPLY CAN RARELY MEET THE NEEDS OF THE LOWEST INCOME11
306+HOUSEHOLDS, ENABLING NEW HOUSING SUPPLY CAN MODERATE PRICE12
307+INCREASES AND REDUCE THE NUMBER OF HOUSEHOLDS THAT NEED13
308+SUBSIDIES TO AFFORD HOUSING . RESIDENT OPPOSITION FREQUENTLY14
309+LIMITS NEW HOUSING DEVELOPMENT IN EXISTING COMMUNITIES AND15
310+EITHER LEADS TO LESS HOUSING PRODUCTION AND INCREASED HOUSING16
311+COSTS OR PUSHES HOUSING DEVELOPMENT TO GREENFIELD AREAS WHERE17
312+THERE ARE FEWER NEIGHBORS BUT GREATER ENVIRONMENTAL AND FISCAL18
313+COSTS.19
314+29-35-103. Definitions. A
315+S USED IN THIS ARTICLE 35, UNLESS THE20
316+CONTEXT OTHERWISE REQUIRES :21
182317 (1) "A
183-CCESSIBLE UNIT" MEANS A HOUSING UNIT THAT:
184-(a) S
185-ATISFIES THE REQUIREMENTS OF THE FEDERAL "FAIR HOUSING
186-ACT", 42 U.S.C. SEC. 3601 ET SEQ., AS AMENDED;
187-(b) I
188-NCORPORATES UNIVERSAL DESIGN ; OR
189-(c) IS A TYPE A DWELLING UNIT, AS DEFINED IN SECTION 9-5-101
190-(10);
191- A TYPE A MULTISTORY DWELLING UNIT , AS DEFINED IN SECTION
192-9-5-101 (11); A TYPE B DWELLING UNIT, AS DEFINED IN SECTION 9-5-101
193-(12);
194- OR A TYPE B MULTISTORY DWELLING UNIT , AS DEFINED IN SECTION
195-9-5-101 (13).
318+CCESSIBLE UNIT" MEANS A HOUSING UNIT
319+THAT:22
320+(a) SATISFIES THE REQUIREMENTS OF THE FEDERAL "FAIR HOUSING23
321+A
322+CT", 42 U.S.C. SEC. 3601 ET SEQ., AS
323+AMENDED;24
324+(b) INCORPORATES UNIVERSAL DESIGN ; OR25
325+(c) IS A TYPE A DWELLING UNIT, AS DEFINED IN SECTION 9-5-10126
326+(10); A TYPE A MULTISTORY DWELLING UNIT, AS DEFINED IN SECTION27
327+1313
328+-8- 9-5-101 (11); A TYPE B DWELLING UNITY, AS DEFINED IN SECTION 9-5-1011
329+(12); OR A TYPE B MULTISTORY DWELLING UNIT, AS DEFINED IN SECTION2
330+9-5-101 (13).3
196331 (2) (a) "A
197-DMINISTRATIVE APPROVAL PROCESS " MEANS A PROCESS IN
198-WHICH
199-:
332+DMINISTRATIVE APPROVAL PROCESS " MEANS A PROCESS4
333+IN WHICH:5
200334 (I) A
201- DEVELOPMENT PROPOSAL FOR A SPECIFIED PROJECT IS
202-APPROVED
203-, APPROVED WITH CONDITIONS , OR DENIED BY LOCAL
204-GOVERNMENT ADMINISTRATIVE STAFF BASED SOLELY ON ITS COMPLIANCE
205-PAGE 4-HOUSE BILL 24-1313 WITH OBJECTIVE STANDARDS SET FORTH IN LOCAL LAWS ; AND
206-(II) DOES NOT REQUIRE, AND CANNOT BE ELEVATED TO REQUIRE , A
207-PUBLIC HEARING
208-, A RECOMMENDATION, OR A DECISION BY AN ELECTED OR
209-APPOINTED PUBLIC BODY OR A HEARING OFFICER
210-.
335+ DEVELOPMENT PROPOSAL FOR A SPECIFIED PROJECT IS6
336+APPROVED, APPROVED WITH CONDITIONS , OR DENIED BY LOCAL7
337+GOVERNMENT ADMINISTRATIVE STAFF BASED SOLELY ON ITS COMPLIANCE8
338+WITH OBJECTIVE STANDARDS SET FORTH IN LOCAL LAWS ; AND9
339+(II) D
340+OES NOT REQUIRE, AND CANNOT BE ELEVATED TO REQUIRE ,10
341+A PUBLIC HEARING, A RECOMMENDATION, OR A DECISION BY AN ELECTED11
342+OR APPOINTED PUBLIC BODY OR A HEARING OFFICER .12
211343 (b) N
212-OTWITHSTANDING SUBSECTION (2)(a) OF THIS SECTION, AN
213-ADMINISTRATIVE APPROVAL PROCESS MAY REQUIRE AN APPOINTED HISTORIC
214-PRESERVATION COMMISSION TO MAKE A DECISION
215-, OR TO MAKE A
216-RECOMMENDATION TO LOCAL GOVERNMENT ADMINISTRATIVE STAFF
217-,
218-REGARDING A DEVELOPMENT APPLICATION INVOLVING A PROPERTY THAT
219-THE LOCAL GOVERNMENT HAS DESIGNATED AS A HISTORIC PROPERTY
220-,
221-PROVIDED THAT:
344+OTWITHSTANDING SUBSECTION (2)(a) OF THIS SECTION, AN13
345+ADMINISTRATIVE APPROVAL PROCESS MAY REQUIRE AN APPOINTED14
346+HISTORIC PRESERVATION COMMISSION TO MAKE A DECISION , OR TO MAKE15
347+A RECOMMENDATION TO LOCAL GOVERNMENT ADMINISTRATIVE STAFF ,16
348+REGARDING A DEVELOPMENT APPLICATION INVOLVING A PROPERTY THAT17
349+THE LOCAL GOVERNMENT HAS DESIGNATED AS A HISTORIC PROPERTY ,18
350+PROVIDED THAT:19
222351 (I) T
223-HE STATE HISTORIC PRESERVATION OFFICE WITHIN HISTORY
224-COLORADO HAS DESIGNATED THE LOCAL GOVERNMENT AS A CERTIFIED
225-LOCAL GOVERNMENT
226-; AND
227-(II) THE APPOINTED HISTORIC PRESERVATION COMMISSION 'S
228-DECISION OR RECOMMENDATION IS BASED ON STANDARDS EITHER SET FORTH
229-IN LOCAL LAW OR ESTABLISHED BY THE SECRETARY OF THE INTERIOR OF THE
230-UNITED STATES.
352+HE STATE HISTORIC PRESERVATION OFFICE WITHIN HISTORY20
353+C
354+OLORADO HAS DESIGNATED THE LOCAL GOVERNMENT AS A CERTIFIED21
355+LOCAL GOVERNMENT ; AND22
356+(II) T
357+HE APPOINTED HISTORIC PRESERVATION COMMISSION 'S23
358+DECISION OR RECOMMENDATION IS BASED ON STANDARDS EITHER SET24
359+FORTH IN LOCAL LAW OR ESTABLISHED BY THE SECRETARY OF THE25
360+INTERIOR OF THE UNITED STATES.26
231361 (3) "A
232362 PPLICABLE TRANSIT PLAN" MEANS A PLAN OF A TRANSIT
233-AGENCY WHOSE SERVICE TERRITORY IS WITHIN A METROPOLITAN PLANNING
234-ORGANIZATION
235-, INCLUDING A SYSTEM OPTIMIZATION PLAN OR A TRANSIT
236-MASTER PLAN THAT
237-:
363+27
364+1313
365+-9- AGENCY WHOSE SERVICE TERRITORY IS WITHIN A METROPOLITAN1
366+PLANNING ORGANIZATION, INCLUDING A SYSTEM OPTIMIZATION PLAN OR2
367+A TRANSIT MASTER PLAN THAT:3
238368 (a) H
239369 AS BEEN APPROVED BY THE GOVERNING BODY OF A TRANSIT
240-AGENCY ON OR AFTER
241-JANUARY 1, 2019, AND ON OR BEFORE JANUARY 1,
242-2024;
370+4
371+AGENCY ON OR AFTER JANUARY 1, 2019, AND ON OR BEFORE JANUARY 1,5
372+2024;6
243373 (b) I
244-DENTIFIES THE PLANNED FREQUENCY AND SPAN OF SERVICE FOR
245-TRANSIT SERVICE OR SPECIFIC TRANSIT ROUTES
246-; AND
247-(c) IDENTIFIES SPECIFIC TRANSIT ROUTES FOR SHORT -TERM
248-IMPLEMENTATION ACCORDING TO THAT PLAN
249-, OR IMPLEMENTATION BEFORE
250-JANUARY 1, 2030.
251-(4) "B
252-US RAPID TRANSIT SERVICE" MEANS A TRANSIT SERVICE:
253-PAGE 5-HOUSE BILL 24-1313 (a) THAT IS IDENTIFIED AS BUS RAPID TRANSIT BY A TRANSIT
254-AGENCY
255-, IN A METROPOLITAN PLANNING ORGANIZATION 'S FISCALLY
256-CONSTRAINED LONG RANGE TRANSPORTATION PLAN OR IN AN APPLICABLE
257-TRANSIT PLAN
258-; AND
259-(b) THAT TYPICALLY INCLUDES ANY NUMBER OF THE FOLLOWING :
260-(I) S
261-ERVICE THAT IS SCHEDULED TO RUN EVERY FIFTEEN MINUTES OR
262-LESS DURING THE HIGHEST FREQUENCY SERVICE HOURS
263-;
264-(II) D
265-EDICATED LANES OR BUSWAYS ;
266-(III) T
267-RAFFIC SIGNAL PRIORITY;
268-(IV) O
269-FF-BOARD FARE COLLECTION;
270-(V) E
271-LEVATED PLATFORMS; OR
272-(VI) ENHANCED STATIONS.
273-(5) "C
274-OMMUTER BUS RAPID TRANSIT SERVICE " MEANS A BUS RAPID
275-TRANSIT SERVICE THAT OPERATES FOR A MAJORITY OF ITS ROUTE ON A
276-FREEWAY WITH ACCESS THAT IS LIMITED TO GRADE
277--SEPARATED
278-INTERCHANGES
279-.
280-(6) "C
281-OMMUTER RAIL" MEANS A PASSENGER RAIL TRANSIT SERVICE
282-BETWEEN AND WITHIN METROPOLITAN AND SUBURBAN AREAS
283-.
284-(7) "C
285-OUNTY" MEANS A COUNTY INCLUDING A HOME RULE COUNTY ,
286-BUT EXCLUDING A CITY AND COUNTY .
287-(8) "D
288-EPARTMENT" MEANS THE DEPARTMENT OF LOCAL AFFAIRS .
289-(9) "D
290-ISPLACEMENT" MEANS:
374+DENTIFIES THE PLANNED FREQUENCY AND SPAN OF SERVICE
375+7
376+FOR TRANSIT SERVICE OR SPECIFIC TRANSIT ROUTES ; AND8
377+(c) I
378+DENTIFIES SPECIFIC TRANSIT ROUTES FOR SHORT -TERM
379+9
380+IMPLEMENTATION ACCORDING TO THAT PLAN , OR IMPLEMENTATION10
381+BEFORE JANUARY 1, 2030.11
382+(4) "BUS RAPID TRANSIT SERVICE" MEANS A TRANSIT12
383+SERVICE:13
384+(a) THAT IS IDENTIFIED AS BUS RAPID TRANSIT BY A TRANSIT14
385+AGENCY, IN A METROPOLITAN PLANNING ORGANIZATION 'S FISCALLY15
386+CONSTRAINED LONG RANGE TRANSPORTATION PLAN OR IN AN APPLICABLE16
387+TRANSIT PLAN; AND17
388+(b) THAT TYPICALLY INCLUDES ANY NUMBER OF THE FOLLOWING:18
389+(I) SERVICE THAT IS SCHEDULED TO RUN EVERY FIFTEEN MINUTES19
390+OR LESS DURING THE HIGHEST FREQUENCY SERVICE HOURS ;20
391+(II) DEDICATED LANES OR BUSWAYS ;21
392+(III) TRAFFIC SIGNAL PRIORITY;22
393+(IV) OFF-BOARD FARE COLLECTION;23
394+(V) ELEVATED PLATFORMS; OR24
395+(VI) ENHANCED STATIONS.25
396+(5) "COMMUTER BUS RAPID TRANSIT SERVICE " MEANS A BUS RAPID26
397+TRANSIT SERVICE THAT OPERATES FOR A MAJORITY OF ITS ROUTE ON A27
398+1313
399+-10- FREEWAY WITH ACCESS THAT IS LIMITED TO GRADE-SEPARATED1
400+INTERCHANGES. 2
401+(6) "COMMUTER RAIL" MEANS A PASSENGER RAIL TRANSIT SERVICE3
402+BETWEEN AND WITHIN METROPOLITAN AND SUBURBAN AREAS .4
403+(7) "COUNTY" MEANS A COUNTY INCLUDING A HOME RULE5
404+COUNTY, BUT EXCLUDING A CITY AND COUNTY .6
405+(8) "DEPARTMENT" MEANS THE DEPARTMENT OF LOCAL AFFAIRS . 7
406+(9) "DISPLACEMENT" MEANS:8
407+ 9
291408 (a) T
292409 HE INVOLUNTARY RELOCATION OF RESIDENTS , PARTICULARLY
293-LOW
294--INCOME RESIDENTS, OR LOCALLY-OWNED COMMUNITY -SERVING
295-BUSINESSES AND INSTITUTIONS DUE TO
296-:
410+10
411+LOW-INCOME RESIDENTS, OR LOCALLY-OWNED COMMUNITY -SERVING11
412+BUSINESSES AND INSTITUTIONS DUE TO:12
297413 (I) I
298414 NCREASED REAL ESTATE PRICES , RENTS, PROPERTY
299-PAGE 6-HOUSE BILL 24-1313 REHABILITATION, REDEVELOPMENT, DEMOLITION, OR OTHER ECONOMIC
300-FACTORS
301-;
415+13
416+REHABILITATION, REDEVELOPMENT, DEMOLITION, OR OTHER ECONOMIC14
417+FACTORS;15
302418 (II) P
303419 HYSICAL CONDITIONS RESULTING FROM NEGLECT AND
304-UNDERINVESTMENT THAT RENDER A RESIDENCE UNINHABITABLE
305-; OR
306-(III) PHYSICAL DISPLACEMENT WHEREIN EXISTING HOUSING UNITS
307-AND COMMERCIAL SPACES ARE LOST DUE TO PROPERTY REHABILITATION
308-,
309-REDEVELOPMENT, OR DEMOLITION;
420+16
421+UNDERINVESTMENT THAT RENDER A RESIDENCE UNINHABITABLE ; OR17
422+(III) P
423+HYSICAL DISPLACEMENT WHEREIN EXISTING HOUSING UNITS
424+18
425+AND COMMERCIAL SPACES ARE LOST DUE TO PROPERTY REHABILITATION ,19
426+REDEVELOPMENT, OR DEMOLITION;20
310427 (b) I
311428 NDIRECT DISPLACEMENT RESULTING FROM CHANGES IN
312-NEIGHBORHOOD POPULATION
313-, IF, WHEN LOW-INCOME HOUSEHOLDS MOVE
314-OUT OF HOUSING UNITS
315-, THOSE SAME HOUSING UNITS DO NOT REMAIN
316-AFFORDABLE TO OTHER LOW
317--INCOME HOUSEHOLDS IN THE NEIGHBORHOOD ,
318-OR DEMOGRAPHIC CHANGES THAT REFLECT THE RELOCATION OF EXISTING
319-RESIDENTS FOLLOWING WIDESPREAD RELOCATION OF THEIR COMMUNITY
320-AND COMMUNITY
321--SERVING ENTITIES.
322-(10) "L
323-IGHT RAIL" MEANS A PASSENGER RAIL TRANSIT SERVICE THAT
324-USES ELECTRICALLY POWERED RAIL
325--BORNE CARS.
326-(11) "L
327-OCAL GOVERNMENT " MEANS A MUNICIPALITY, COUNTY, OR
328-TRIBAL NATION WITH JURISDICTION IN
329-COLORADO.
330-(12) "L
331-OCAL LAW" MEANS ANY CODE, LAW, ORDINANCE, POLICY,
332-REGULATION, OR RULE ENACTED BY A LOCAL GOVERNMENT THAT GOVERNS
333-THE DEVELOPMENT AND USE OF LAND
334-, INCLUDING BUT NOT LIMITED TO LAND
335-USE CODES
336-, ZONING CODES, AND SUBDIVISION CODES.
337-(13) "M
338-ETROPOLITAN PLANNING ORGANIZATION " MEANS A
339-METROPOLITAN PLANNING ORGANIZATION UNDER THE
340-"FEDERAL TRANSIT
341-ACT OF 1998", 49 U.S.C. SEC. 5301 ET SEQ., AS AMENDED.
342-(14) "M
343-UNICIPALITY" MEANS A HOME RULE OR STATUTORY CITY OR
344-TOWN
345-, TERRITORIAL CHARTER CITY OR TOWN , OR CITY AND COUNTY.
346-(15) "O
347-BJECTIVE STANDARD" MEANS A STANDARD THAT:
429+21
430+NEIGHBORHOOD POPULATION , IF, WHEN LOW-INCOME HOUSEHOLDS MOVE22
431+OUT OF HOUSING UNITS, THOSE SAME HOUSING UNITS DO NOT REMAIN23
432+AFFORDABLE TO OTHER LOW -INCOME HOUSEHOLDS IN THE24
433+NEIGHBORHOOD, OR DEMOGRAPHIC CHANGES THAT REFLECT THE25
434+RELOCATION OF EXISTING RESIDENTS FOLLOWING WIDESPREAD26
435+RELOCATION OF THEIR COMMUNITY AND COMMUNITY -SERVING ENTITIES.27
436+1313
437+-11- (10) "LIGHT RAIL" MEANS A PASSENGER RAIL TRANSIT SERVICE1
438+THAT USES ELECTRICALLY POWERED RAIL -BORNE CARS.2
439+(11) "LOCAL GOVERNMENT" MEANS A MUNICIPALITY, COUNTY, OR3
440+TRIBAL NATION WITH JURISDICTION IN COLORADO.4
441+(12) "LOCAL LAW" MEANS ANY CODE, LAW, ORDINANCE, POLICY,5
442+REGULATION, OR RULE ENACTED BY A LOCAL GOVERNMENT THAT6
443+GOVERNS THE DEVELOPMENT AND USE OF LAND , INCLUDING BUT NOT7
444+LIMITED TO LAND USE CODES, ZONING CODES, AND SUBDIVISION CODES.8
445+(13) "METROPOLITAN PLANNING ORGANIZATION " MEANS A9
446+METROPOLITAN PLANNING ORGANIZATION UNDER THE "FEDERAL TRANSIT10
447+A
448+CT OF 1998", 49 U.S.C. SEC. 5301 ET SEQ., AS AMENDED.11
449+(14)
450+ "MUNICIPALITY" MEANS A HOME RULE OR STATUTORY CITY12
451+OR TOWN, TERRITORIAL CHARTER CITY OR TOWN , OR CITY AND COUNTY.13
452+(15) "OBJECTIVE STANDARD" MEANS A STANDARD THAT:14
348453 (a) I
349-S A DEFINED BENCHMARK OR CRITERION THAT ALLOWS FOR
350-DETERMINATIONS OF COMPLIANCE TO BE CONSISTENTLY DECIDED
351-PAGE 7-HOUSE BILL 24-1313 REGARDLESS OF THE DECISION MAKER ; AND
352-(b) DOES NOT REQUIRE A SUBJECTIVE DETERMINATION CONCERNING
353-A DEVELOPMENT PROPOSAL
354-, INCLUDING BUT NOT LIMITED TO WHETHER THE
355-APPLICATION FOR THE DEVELOPMENT PROPOSAL IS
356-:
454+S A DEFINED BENCHMARK OR CRITERION THAT ALLOWS FOR15
455+DETERMINATIONS OF COMPLIANCE TO BE CONSISTENTLY DECIDED16
456+REGARDLESS OF THE DECISION MAKER ; AND17
457+(b) D
458+OES NOT REQUIRE A SUBJECTIVE DETERMINATION18
459+CONCERNING A DEVELOPMENT PROPOSAL , INCLUDING BUT NOT LIMITED TO19
460+WHETHER THE APPLICATION FOR THE DEVELOPMENT PROPOSAL IS :20
357461 (I) C
358-ONSISTENT WITH MASTER PLANS , OR OTHER DEVELOPMENT
359-PLANS
360-;
462+ONSISTENT WITH MASTER PLANS , OR OTHER DEVELOPMENT21
463+PLANS;22
361464 (II) C
362-OMPATIBLE WITH THE LAND USE OR DEVELOPMENT OF THE
363-AREA SURROUNDING THE AREA DESCRIBED IN THE APPLICATION
364-; OR
365-(III) CONSISTENT WITH PUBLIC WELFARE, COMMUNITY CHARACTER ,
366-OR NEIGHBORHOOD CHARACTER .
465+OMPATIBLE WITH THE LAND USE OR DEVELOPMENT OF THE23
466+AREA SURROUNDING THE AREA DESCRIBED IN THE APPLICATION ; OR24
467+(III) C
468+ONSISTENT WITH PUBLIC WELFARE , COMMUNITY25
469+CHARACTER, OR NEIGHBORHOOD CHARACTER .26
367470 (16) "R
368471 EGULATED AFFORDABLE HOUSING " MEANS AFFORDABLE
369-HOUSING THAT
370-:
472+27
473+1313
474+-12- HOUSING THAT:1
371475 (a) H
372-AS RECEIVED LOANS, GRANTS, EQUITY, BONDS, OR TAX CREDITS
373-FROM ANY SOURCE TO SUPPORT THE CREATION
374-, PRESERVATION, OR
375-REHABILITATION OF AFFORDABLE HOUSING THAT
376-, AS A CONDITION OF
377-FUNDING
378-, ENCUMBERS THE PROPERTY WITH A RESTRICTED USE COVENANT
379-OR SIMILAR RECORDED AGREEMENT TO ENSURE AFFORDABILITY
380-, OR HAS
381-BEEN INCOME
382--RESTRICTED UNDER A LOCAL INCLUSIONARY ZONING
383-ORDINANCE OR OTHER REGULATION OR PROGRAM
384-;
476+AS RECEIVED LOANS, GRANTS, EQUITY, BONDS, OR TAX
477+2
478+CREDITS FROM ANY SOURCE TO SUPPORT THE CREATION , PRESERVATION,3
479+OR REHABILITATION OF AFFORDABLE HOUSING THAT , AS A CONDITION OF4
480+FUNDING, ENCUMBERS THE PROPERTY WITH A RESTRICTED USE COVENANT5
481+OR SIMILAR RECORDED AGREEMENT TO ENSURE AFFORDABILITY , OR HAS6
482+BEEN INCOME-RESTRICTED UNDER A LOCAL INCLUSIONARY ZONING7
483+ORDINANCE OR OTHER REGULATION OR PROGRAM ;8
385484 (b) R
386485 ESTRICTS OR LIMITS MAXIMUM RENTAL OR SALE PRICE FOR
387-HOUSEHOLDS OF A GIVEN SIZE AT A GIVEN AREA MEDIAN INCOME
388-, AS
389-ESTABLISHED ANNUALLY BY THE
390-UNITED STATES DEPARTMENT OF HOUSING
391-AND URBAN DEVELOPMENT
392-; AND
393-(c) ENSURES OCCUPANCY BY LOW - TO MODERATE -INCOME
394-HOUSEHOLDS FOR A SPECIFIED PERIOD DETAILED IN A RESTRICTIVE USE
395-COVENANT OR SIMILAR RECORDED AGREEMENT
396-.
397-(17) "U
398-NIVERSAL DESIGN" MEANS ANY DWELLING UNIT DESIGNED
399-AND CONSTRUCTED TO BE SAFE AND ACCESSIBLE FOR ANY INDIVIDUAL
400-REGARDLESS OF AGE OR ABILITIES
401-.
402-(18) "U
403-RBAN BUS RAPID TRANSIT SERVICE " MEANS A BUS RAPID
404-PAGE 8-HOUSE BILL 24-1313 TRANSIT SERVICE THAT OPERATES ON A SURFACE STREET FOR THE MAJORITY
405-OF ITS ROUTE
406-.
407-(19) "V
408-ISITABLE UNIT" MEANS A DWELLING UNIT THAT A PERSON
409-WITH A DISABILITY CAN ENTER
410-, MOVE AROUND THE PRIMARY ENTRANCE
411-FLOOR OF
412-, AND USE THE BATHROOM IN.
413-PART 2
414-TRANSIT-ORIENTED COMMUNITIES
415-29-37-201. Legislative declaration. (1) T
416-HE GENERAL ASSEMBLY
417-HEREBY FINDS
418-, DETERMINES, AND DECLARES THAT:
486+9
487+HOUSEHOLDS OF A GIVEN SIZE AT A GIVEN AREA MEDIAN INCOME , AS10
488+ESTABLISHED ANNUALLY BY THE UNITED STATES DEPARTMENT OF11
489+HOUSING AND URBAN DEVELOPMENT ; AND12
490+(c) E
491+NSURES OCCUPANCY BY LOW - TO MODERATE-INCOME
492+13
493+HOUSEHOLDS FOR A SPECIFIED PERIOD DETAILED IN A RESTRICTIVE USE14
494+COVENANT OR SIMILAR RECORDED AGREEMENT .15
495+(17) "UNIVERSAL DESIGN" MEANS ANY DWELLING UNIT DESIGNED16
496+AND CONSTRUCTED TO BE SAFE AND ACCESSIBLE FOR ANY INDIVIDUAL17
497+REGARDLESS OF AGE OR ABILITIES.18
498+(18) "URBAN BUS RAPID TRANSIT SERVICE" MEANS A BUS RAPID19
499+TRANSIT SERVICE THAT OPERATES ON A SURFACE STREET FOR THE20
500+MAJORITY OF ITS ROUTE.21
501+(19) "VISITABLE UNIT" MEANS A DWELLING UNIT THAT A PERSON22
502+WITH A DISABILITY CAN ENTER, MOVE AROUND THE PRIMARY ENTRANCE23
503+FLOOR OF, AND USE THE BATHROOM IN.24
504+PART 225
505+TRANSIT-ORIENTED COMMUNITIES26
506+29-35-201. Legislative declaration. (1) T
507+HE GENERAL ASSEMBLY27
508+1313
509+-13- HEREBY FINDS, DETERMINES, AND DECLARES THAT:1
419510 (a) M
420-ULTIFAMILY HOUSING IS TYPICALLY MORE AFFORDABLE THAN
421-SINGLE
422--UNIT DWELLINGS. ACCORDING TO THE AMERICAN COMMUNITY
423-SURVEY, COLORADO MULTIFAMILY UNITS COST BETWEEN FOURTEEN AND
424-FORTY
425--THREE PERCENT LESS TO RENT IN 2019, DEPENDING ON THE SIZE OF
426-THE BUILDING
427-, COMPARED TO SINGLE-UNIT DETACHED DWELLINGS .
511+ULTIFAMILY HOUSING IS TYPICALLY MORE AFFORDABLE THAN2
512+SINGLE-UNIT DWELLINGS. ACCORDING TO THE AMERICAN COMMUNITY3
513+S
514+URVEY, COLORADO MULTIFAMILY UNITS COST BETWEEN FOURTEEN AND4
515+FORTY-THREE PERCENT LESS TO RENT IN 2019, DEPENDING ON THE SIZE OF5
516+THE BUILDING, COMPARED TO SINGLE-UNIT DETACHED DWELLINGS .6
428517 (b) A
429-LLOWING HIGHER DENSITY RESIDENTIAL DEVELOPMENT IS
430-IMPORTANT FOR THE COST EFFECTIVENESS AND AVAILABILITY OF
431-AFFORDABLE HOUSING
432-. AN ANALYSIS OF OVER SIXTY AFFORDABLE HOUSING
433-PROJECTS FUNDED BY THE
434-U.S. DEPARTMENT OF HOUSING AND URBAN
435-DEVELOPMENT IN TRANSIT
436--ORIENTED AREAS IN COLORADO SINCE 2010
437-FOUND THAT HALF WERE DEVELOPED AT OVER FIFTY UNITS PER ACRE , AND
438-TWENTY PERCENT WERE OVER ONE HUNDRED UNITS PER ACRE
439-.
518+LLOWING HIGHER DENSITY RESIDENTIAL DEVELOPMENT IS7
519+IMPORTANT FOR THE COST EFFECTIVENESS AND AVAILABILITY OF8
520+AFFORDABLE HOUSING . AN ANALYSIS OF OVER SIXTY AFFORDABLE9
521+HOUSING PROJECTS FUNDED BY THE U.S. DEPARTMENT OF HOUSING AND10
522+URBAN DEVELOPMENT IN TRANSIT -ORIENTED AREAS IN COLORADO SINCE11
523+2010
524+ FOUND THAT HALF WERE DEVELOPED AT OVER FIFTY UNITS PER ACRE ,12
525+AND TWENTY PERCENT WERE OVER ONE HUNDRED UNITS PER ACRE .13
440526 (c) T
441-HROUGHOUT COLORADO, LESS THAN HALF OF AVAILABLE
442-ZONING CAPACITY IS TYPICALLY UTILIZED
443-, AND GREATER UTILIZATION OF
444-ZONING CAPACITY IS NECESSARY TO MEET ANTICIPATED HOUSING NEEDS
445-.
527+HROUGHOUT COLORADO, LESS THAN HALF OF AVAILABLE14
528+ZONING CAPACITY IS TYPICALLY UTILIZED, AND GREATER UTILIZATION OF15
529+ZONING CAPACITY IS NECESSARY TO MEET ANTICIPATED HOUSING NEEDS .16
446530 N
447-UMEROUS FACTORS CURRENTLY PREVENT DEVELOPMENT FROM FULLY
448-UTILIZING AVAILABLE ZONING CAPACITY AND ALLOWED DENSITIES
449-,
450-INCLUDING SITE LEVEL CONSTRAINTS, FINANCIAL FEASIBILITY AND DEMAND,
451-AND LANDOWNERS' WILLINGNESS TO SELL OR REDEVELOP.
531+UMEROUS FACTORS CURRENTLY PREVENT DEVELOPMENT FROM FULLY17
532+UTILIZING AVAILABLE ZONING CAPACITY AND ALLOWED DENSITIES ,18
533+INCLUDING SITE LEVEL CONSTRAINTS , FINANCIAL FEASIBILITY AND19
534+DEMAND, AND LANDOWNERS' WILLINGNESS TO SELL OR REDEVELOP.20
452535 (d) C
453-OLORADO HAS INVESTED SIGNIFICANTLY IN PUBLIC TRANSIT IN
454-THE LAST SEVERAL DECADES
455-, FUNDING OVER SIX BILLION DOLLARS ACROSS
456-EIGHTY
457--FIVE MILES OF NEW RAIL LINES. THE INVESTMENTS WILL CONTINUE
458-IN THE COMING YEARS WITH NEW BUS RAPID TRANSIT AND RAIL SYSTEMS
459-ALONG THE FRONT RANGE
460-. DESPITE THESE INVESTMENTS , TRANSIT
461-PAGE 9-HOUSE BILL 24-1313 RIDERSHIP LAGS BEHIND PEER AGENCIES AROUND THE COUNTRY , DUE AT
462-LEAST IN PART TO A LACK OF DENSITY NEAR THESE TRANSIT LINES
463-. BEFORE
464-THE
465-COVID-19 PANDEMIC, THE REGIONAL TRANSPORTATION DISTRICT HAD
466-TWO AND THREE
467--TENTHS RIDES PER VEHICLE REVENUE MILE ON THEIR RAIL
468-SYSTEM
469-, COMPARED TO OVER FOUR RIDES PER VEHICLE REVENUE MILE FOR
470-AGENCIES IN
471-MINNEAPOLIS AND PORTLAND AND OVER EIGHT RIDES PER
472-VEHICLE REVENUE MILE IN
473-SEATTLE, ACCORDING TO DATA FROM THE
474-FEDERAL TRANSIT ADMINISTRATION
475-'S NATIONAL TRANSIT DATABASE .
536+OLORADO HAS INVESTED SIGNIFICANTLY IN PUBLIC TRANSIT21
537+IN THE LAST SEVERAL DECADES , FUNDING OVER SIX BILLION DOLLARS22
538+ACROSS EIGHTY-FIVE MILES OF NEW RAIL LINES. THE INVESTMENTS WILL23
539+CONTINUE IN THE COMING YEARS WITH NEW BUS RAPID TRANSIT AND RAIL24
540+SYSTEMS ALONG THE FRONT RANGE . DESPITE THESE INVESTMENTS ,25
541+TRANSIT RIDERSHIP LAGS BEHIND PEER AGENCIES AROUND THE COUNTRY ,26
542+DUE AT LEAST IN PART TO A LACK OF DENSITY NEAR THESE TRANSIT LINES .27
543+1313
544+-14- BEFORE THE COVID-19 PANDEMIC, THE REGIONAL TRANSPORTATION1
545+DISTRICT HAD TWO AND THREE -TENTHS RIDES PER VEHICLE REVENUE MILE2
546+ON THEIR RAIL SYSTEM, COMPARED TO OVER FOUR RIDES PER VEHICLE3
547+REVENUE MILE FOR AGENCIES IN MINNEAPOLIS AND PORTLAND AND OVER4
548+EIGHT RIDES PER VEHICLE REVENUE MILE IN SEATTLE, ACCORDING TO5
549+DATA FROM THE FEDERAL TRANSIT ADMINISTRATION 'S NATIONAL TRANSIT6
550+DATABASE.7
476551 (e) A
477-LLOWING HIGHER DENSITY RESIDENTIAL DEVELOPMENT NEAR
478-TRANSIT IS IMPORTANT FOR INCREASING TRANSIT RIDERSHIP AND IMPROVING
479-THE COST EFFECTIVENESS OF TRANSIT SERVICES
480-. RESEARCHERS HAVE FOUND
481-THAT HIGHER BUILT GROSS DENSITIES CITYWIDE INCREASE
482-COST
483--EFFECTIVENESS FOR LIGHT RAIL AND BUS RAPID TRANSIT SERVICES , AS
484-DESCRIBED IN THE ARTICLE
485-, "COST OF A RIDE: THE EFFECTS OF DENSITIES
486-ON
487-FIXED-GUIDEWAY TRANSIT RIDERSHIP AND COSTS" BY ERICK GUERRA
488-AND
489-ROBERT CERVERO.
552+LLOWING HIGHER DENSITY RESIDENTIAL DEVELOPMENT NEAR8
553+TRANSIT IS IMPORTANT FOR INCREASING TRANSIT RIDERSHIP AND9
554+IMPROVING THE COST EFFECTIVENESS OF TRANSIT SERVICES .10
555+R
556+ESEARCHERS HAVE FOUND THAT HIGHER BUILT GROSS DENSITIES11
557+CITYWIDE INCREASE COST-EFFECTIVENESS FOR LIGHT RAIL AND BUS RAPID12
558+TRANSIT SERVICES, AS DESCRIBED IN THE ARTICLE, "COST OF A RIDE: THE13
559+E
560+FFECTS OF DENSITIES ON FIXED-GUIDEWAY TRANSIT RIDERSHIP AND14
561+C
562+OSTS" BY ERICK GUERRA AND ROBERT CERVERO.15
490563 (f) M
491-OST LIGHT AND COMMUTER RAIL STATIONS AND FREQUENT BUS
492-CORRIDORS IN
493-COLORADO HAVE LOWER HOUSING UNIT DENSITY THAN IS
494-NECESSARY TO SUPPORT FREQUENT TRANSIT
495-. BASED ON 2020 CENSUS BLOCK
496-HOUSING UNIT DATA
497-, OVER NINETY PERCENT OF RAIL STATIONS AND
498-EIGHTY
499--FOUR PERCENT OF BUS RAPID TRANSIT AND FREQUENT BUS
500-CORRIDORS IN
501-COLORADO HAVE LESS THAN FIFTEEN HOUSING UNITS PER
502-ACRE ON AVERAGE WITHIN WALKING DISTANCE
503-. RESEARCHERS HAVE
504-GENERALLY FOUND A MINIMUM OF FI FTEEN HOUSING UNITS PER ACRE OF
505-BUILT DENSITY IS NEEDED TO SUPPORT FREQUENT TRANSIT
506-.
564+OST LIGHT AND COMMUTER RAIL STATIONS AND FREQUENT16
565+BUS CORRIDORS IN COLORADO HAVE LOWER HOUSING UNIT DENSITY THAN17
566+IS NECESSARY TO SUPPORT FREQUENT TRANSIT . BASED ON 2020 CENSUS18
567+BLOCK HOUSING UNIT DATA , OVER NINETY PERCENT OF RAIL STATIONS19
568+AND EIGHTY-FOUR PERCENT OF BUS RAPID TRANSIT AND FREQUENT BUS20
569+CORRIDORS IN COLORADO HAVE LESS THAN FIFTEEN HOUSING UNITS PER21
570+ACRE ON AVERAGE WITHIN WALKING DISTANCE . RESEARCHERS HAVE22
571+GENERALLY FOUND A MINIMUM OF FIFTEEN HOUSING UNITS PER ACRE OF23
572+BUILT DENSITY IS NEEDED TO SUPPORT FREQUENT TRANSIT .24
507573 (g) L
508-IVING NEAR TRANSIT, JOBS, AND SERVICES ENABLES
509-HOUSEHOLDS TO ALSO SAVE ON TRANSPORTATION COSTS BY OWNING FEWER
510-VEHICLES AND REDUCING FUEL CONSUMPTION
511-. COLORADANS COMMUTE
512-OVER FIFTY MINUTES TO AND FROM WORK ON AVERAGE
513-, ACCORDING TO THE
514-LATEST
515-AMERICAN COMMUNITY SURVEY'S FIVE YEAR ESTIMATES .
574+IVING NEAR TRANSIT, JOBS, AND SERVICES ENABLES25
575+HOUSEHOLDS TO ALSO SAVE ON TRANSPORTATION COSTS BY OWNING26
576+FEWER VEHICLES AND REDUCING FUEL CONSUMPTION . COLORADANS27
577+1313
578+-15- COMMUTE OVER FIFTY MINUTES TO AND FROM WORK ON AVERAGE ,1
579+ACCORDING TO THE LATEST AMERICAN COMMUNITY SURVEY'S FIVE YEAR2
580+ESTIMATES. ANALYSES OF TRANSIT-ORIENTED COMMUNITIES HAVE FOUND3
581+THAT RESIDENTS TAKE AN AVERAGE OF FORTY -FOUR PERCENT FEWER4
582+VEHICLE TRIPS, ACCORDING TO THE ARTICLE "VEHICLE TRIP REDUCTION5
583+I
584+MPACTS OF TRANSIT-ORIENTED HOUSING" IN THE JOURNAL OF PUBLIC6
585+T
586+RANSPORTATION.7
587+(h) I
588+N COLORADO, HOUSEHOLDS IN MORE DENSE AREAS , WHICH8
589+ARE DEFINED AS CENSUS TRACTS WITH MORE THAN FOUR T HOUSAND UNITS9
590+PER SQUARE MILE OR ABOUT FIFTEEN UNITS PER ACRE , DRIVE TWENTY10
591+PERCENT LESS THAN THE STATE AVERAGE , AND HIGHER DENSITY AREAS,11
592+CENSUS TRACTS WITH MORE THAN TEN THOUS AND UNITS PER SQUARE MILE12
593+OR ABOUT FORTY UNITS PER ACRE, DRIVE FORTY PERCENT LESS THAN THE13
594+STATE AVERAGE, ACCORDING TO DATA FROM THE 2017 NATIONAL14
595+HOUSEHOLD TRAVEL SURVEY ;15
596+(i) H
597+IGH TRANSPORTATION COSTS IMPACT LOW -INCOME16
598+HOUSEHOLDS IN PARTICULAR . HOUSEHOLDS MAKING LESS THAN FORTY17
599+THOUSAND DOLLARS PER YEAR IN THE WESTERN UNITED STATES ARE18
600+SPENDING OVER TWENTY -FOUR PERCENT OF THEIR INCOME ON19
601+TRANSPORTATION, WHEN SPENDING MORE THAN FIFTEEN PERCENT OF20
602+INCOME ON TRANSPORTATION IS CONSIDERED COST BURDENED ,21
603+ACCORDING TO DATA FROM THE BUREAU OF LABOR STATISTICS CONSUMER22
604+EXPENDITURE SURVEYS.23
605+(j) I
606+N ADDITION TO SAVING ON TRANSPORTATION COSTS BY LIVING24
607+NEAR TRANSIT, OWNING FEWER VEHICLES AND TRAVELING TO WORK AND25
608+ACCESSING SERVICES WITHOUT DRIVING OR DRIVING LESS REDUCES26
609+GREENHOUSE GAS EMISSIONS AND AIR POLLUTION , WHICH IMPACTS AIR27
610+1313
611+-16- QUALITY NOT JUST IN TRANSIT-ORIENTED COMMUNITIES BUT IN GREATER1
612+REGIONS ACROSS THE STATE;2
613+(k) I
614+N COLORADO, HOUSEHOLD ENERGY DEMAND ON AVERAGE IS3
615+SEVENTY PERCENT LESS FOR MULTIFAMILY HOUSING COMPARED TO4
616+SINGLE-UNIT DETACHED DWELLINGS , ACCORDING TO THE NATIONAL5
617+RENEWABLE ENERGY LABORATORY RESTOCK ANALYSIS TOOL ;6 (l) SCENARIOS ANALYZED FOR THE "COLORADO WATER AND7
618+GROWTH DIALOGUE FINAL REPORT" WITH HIGHER PERCENTAGE OF8
619+FUTURE HOUSING SHIFTING TO HIGHER DENSITIES WERE ESTIMATED TO9
620+ACHIEVE A TOTAL DECREASE IN WATER DEMAND BETWEEN FOUR AND10
621+EIGHT TENTHS PERCENT AND NINETEEN AND FOUR TENTHS PERCENT ;11
622+(m) N
623+ATIONAL STUDIES, SUCH AS THE ARTICLE "RELATIONSHIPS12
624+BETWEEN DENSITY AND PER CAPITA MUNICIPAL SPENDING IN THE UNITED13
625+S
626+TATES", PUBLISHED IN URBAN SCIENCE, HAVE FOUND THAT LOWER14
627+DENSITY COMMUNITIES HAVE HIGHER GOVERNMENT CAPITAL AND15
628+MAINTENANCE COSTS FOR WATER , SEWER, AND TRANSPORTATION16
629+INFRASTRUCTURE AND LOWER PROPERTY AND SALES TAX REVENUE . THESE17
630+INCREASED COSTS ARE OFTEN BORNE BY BOTH STATE AND LOCAL18
631+GOVERNMENTS.19
632+(n) A
633+ STUDY FOR A MUNICIPALITY IN COLORADO FOUND THAT20
634+DOUBLING THE AVERAGE RESIDENTIAL DENSITY FOR FUTURE GROWTH21
635+WOULD SAVE THIRTY-ONE PERCENT IN CAPITAL AND MAINTENANCE COSTS22
636+OVER TWENTY YEARS;23
637+(o) A
638+CCORDING TO A 2022 ARTICLE TITLED "DOES DISCRETION24
639+D
640+ELAY DEVELOPMENT?" IN THE JOURNAL OF THE AMERICAN PLANNING25
516641 A
517-NALYSES OF TRANSIT -ORIENTED COMMUNITIES HAVE FOUND THAT
518-RESIDENTS TAKE AN AVERAGE OF FORTY
519--FOUR PERCENT FEWER VEHICLE
520-TRIPS
521-, ACCORDING TO THE ARTICLE "VEHICLE TRIP REDUCTION IMPACTS OF
522-TRANSIT-ORIENTED HOUSING" IN THE JOURNAL OF PUBLIC
523-TRANSPORTATION.
524-(h) I
525-N COLORADO, HOUSEHOLDS IN MORE DENSE AREAS , WHICH ARE
526-PAGE 10-HOUSE BILL 24-1313 DEFINED AS CENSUS TRACTS WITH MORE THAN FOUR THOUSAND UNITS PER
527-SQUARE MILE OR ABOUT FIFTEEN UNITS PER ACRE
528-, DRIVE TWENTY PERCENT
529-LESS THAN THE STATE AVERAGE
530-, AND HIGHER DENSITY AREAS , CENSUS
531-TRACTS WITH MORE THAN TEN THOUS AND UNITS PER SQUARE MILE OR ABOUT
532-FORTY UNITS PER ACRE
533-, DRIVE FORTY PERCENT LESS THAN THE STATE
534-AVERAGE
535-, ACCORDING TO DATA FROM THE 2017 NATIONAL HOUSEHOLD
536-TRAVEL SURVEY
537-;
538-(i) H
539-IGH TRANSPORTATION COSTS IMPACT LOW -INCOME HOUSEHOLDS
540-IN PARTICULAR
541-. HOUSEHOLDS MAKING LESS THAN FORTY THOUSAND
542-DOLLARS PER YEAR IN THE WESTERN
543-UNITED STATES ARE SPENDING OVER
544-TWENTY
545--FOUR PERCENT OF THEIR INCOME ON TRANSPORTATION , WHEN
546-SPENDING MORE THAN FIFTEEN PERCENT OF INCOME ON TRANSPORTATION IS
547-CONSIDERED COST BURDENED
548-, ACCORDING TO DATA FROM THE BUREAU OF
549-LABOR STATISTICS CONSUMER EXPENDITURE SURVEYS
550-.
551-(j) I
552-N ADDITION TO SAVING ON TRANSPORTATION COSTS BY LIVING
553-NEAR TRANSIT
554-, OWNING FEWER VEHICLES AND TRAVELING TO WORK AND
555-ACCESSING SERVICES WITHOUT DRIVING OR DRIVING LESS REDUCES
556-GREENHOUSE GAS EMISSIONS AND AIR POLLUTION
557-, WHICH IMPACTS AIR
558-QUALITY NOT JUST IN TRANSIT
559--ORIENTED COMMUNITIES BUT IN GREATER
560-REGIONS ACROSS THE STATE
561-;
562-(k) I
563-N COLORADO, HOUSEHOLD ENERGY DEMAND ON AVERAGE IS
564-SEVENTY PERCENT LESS FOR MULTIFAMILY HOUSING COMPARED TO
565-SINGLE
566--UNIT DETACHED DWELLINGS , ACCORDING TO THE NATIONAL
567-RENEWABLE ENERGY LABORATORY RESTOCK ANALYSIS TOOL
568-;
569-(l) S
570-CENARIOS ANALYZED FOR THE "COLORADO WATER AND
571-GROWTH DIALOGUE FINAL REPORT" WITH HIGHER PERCENTAGE OF FUTURE
572-HOUSING SHIFTING TO HIGHER DENSITIES WERE ESTIMATED TO ACHIEVE A
573-TOTAL DECREASE IN WATER DEMAND BETWEEN FOUR AND EIGHT TENTHS
574-PERCENT AND NINETEEN AND FOUR TENTHS PERCENT
575-;
576-(m) N
577-ATIONAL STUDIES, SUCH AS THE ARTICLE "RELATIONSHIPS
578-BETWEEN
579-DENSITY AND PER CAPITA MUNICIPAL SPENDING IN THE UNITED
580-STATES", PUBLISHED IN URBAN SCIENCE, HAVE FOUND THAT LOWER
581-DENSITY COMMUNITIES HAVE HIGHER GOVERNMENT CAPITAL AND
582-MAINTENANCE COSTS FOR WATER
583-, SEWER, AND TRANSPORTATION
584-INFRASTRUCTURE AND LOWER PROPERTY AND SALES TAX REVENUE
585-. THESE
586-PAGE 11-HOUSE BILL 24-1313 INCREASED COSTS ARE OFTEN BORNE BY BOTH STATE AND LOCAL
587-GOVERNMENTS
588-.
589-(n) A
590- STUDY FOR A MUNICIPALITY IN COLORADO FOUND THAT
591-DOUBLING THE AVERAGE RESIDENTIAL DENSITY FOR FUTURE GROWTH
592-WOULD SAVE THIRTY
593--ONE PERCENT IN CAPITAL AND MAINTENANCE COSTS
594-OVER TWENTY YEARS
595-;
596-(o) A
597-CCORDING TO A 2022 ARTICLE TITLED "DOES DISCRETION
598-DELAY DEVELOPMENT?" IN THE JOURNAL OF THE AMERICAN PLANNING
599-ASSOCIATION, RESIDENTIAL PROJECTS USING ADMINISTRATIVE APPROVAL
600-PROCESSES ARE APPROVED TWENTY
601--EIGHT PERCENT FASTER THAN THOSE
602-USING DISCRETIONARY APPROVAL PROCESSES
603-, AND FASTER APPROVAL TIMES
604-REDUCE DEVELOPER COSTS AND THEREFORE HOUSING COSTS
605-. STUDIES HAVE
606-SHOWN THAT HOMEBUILDERS
607-, INCLUDING AFFORDABLE HOUSING
608-DEVELOPERS
609-, WILL AVOID PARCELS THAT NEED TO GO THROUGH A
610-DISCRETIONARY PROCESS
611-.
642+SSOCIATION, RESIDENTIAL PROJECTS USING ADMINISTRATIVE APPROVAL26
643+PROCESSES ARE APPROVED TWENTY -EIGHT PERCENT FASTER THAN THOSE27
644+1313
645+-17- USING DISCRETIONARY APPR OVAL PROCESSES , AND FASTER APPROVAL1
646+TIMES REDUCE DEVELOPER COSTS AND THEREFORE HOUSING COSTS .2
647+S
648+TUDIES HAVE SHOWN THAT HOMEBUILDERS , INCLUDING AFFORDABLE3
649+HOUSING DEVELOPERS, WILL AVOID PARCELS THAT NEED TO GO THROUGH4
650+A DISCRETIONARY PROCESS.5
612651 (p) C
613-OMMUNITY OPPOSITION TO SPECIFIC AFFORDABLE HOUSING
614-DEVELOPMENTS FREQUENTLY CAUSES DELAYS
615-, INCREASES COSTS, REDUCES
616-THE NUMBER OF HOUSING UNITS DELIVERED
617-, PUSHES SITING OF AFFORDABLE
618-HOUSING TO LESS OPPORTUNITY
619--RICH AREAS, AND PREVENTS
620-DEVELOPMENTS FROM OCCURRING ALTOGETHER
621-, ACCORDING TO STUDIES
622-SUCH AS
623-"DEMOCRACY IN ACTION? NIMBY AS IMPEDIMENT TO EQUITABLE
624-AFFORDABLE HOUSING SITING" IN THE JOURNAL HOUSING STUDIES;
652+OMMUNITY OPPOSITION TO SPECIFIC AFFORDABLE HOUSING6
653+DEVELOPMENTS FREQUENTLY CAUSES DELAYS , INCREASES COSTS,7
654+REDUCES THE NUMBER OF HOUSING UNITS DELIVERED , PUSHES SITING OF8
655+AFFORDABLE HOUSING TO LESS OPPORTUNITY -RICH AREAS, AND PREVENTS9
656+DEVELOPMENTS FROM OCCURRING ALTOGETHER , ACCORDING TO STUDIES10
657+SUCH AS "DEMOCRACY IN ACTION? NIMBY AS IMPEDIMENT TO11
658+E
659+QUITABLE AFFORDABLE HOUSING SITING" IN THE JOURNAL HOUSING12
660+S
661+TUDIES;13
625662 (q) R
626-ESEARCHERS HAVE FOUND THAT UPWARD MOBILITY IS
627-SIGNIFICANTLY GREATER IN MORE COMPACT DEVELOPMENT AREAS THAN IN
628-LOW
629--DENSITY AREAS, PRIMARILY DUE TO BETTER JOB ACCESSIBILITY BY
630-MULTIPLE TRANSPORTATION MODES
631-, ACCORDING TO THE STUDY "DOES
632-URBAN SPRAWL HOLD DOWN UPWARD MOBILITY?", PUBLISHED IN THE
633-JOURNAL OF LANDSCAPE AND URBAN PLANNING;
634-(r) T
635-RANSIT-ORIENTED DEVELOPMENT , INCLUDING CONNECTING
636-HOUSING OPPORTUNITIES AND SERVICES WITH SAFE MULTIMODAL
637-INFRASTRUCTURE AND PUBLIC TRANSIT
638-, IMPROVES THE ACCESSIBILITY OF
639-CITIES FOR PEOPLE WITH DISABILITIES AND THOSE WITH LIMITED MOBILITY
640-.
641-P
642-EOPLE WITH DISABILITIES ARE MORE LIKELY TO LIVE IN HOUSEHOLDS WITH
643-ZERO CARS
644-, ARE LESS LIKELY TO DRIVE, AND ARE MORE LIKELY TO RELY ON
645-PUBLIC TRANSIT OR PARATRANSIT
646-, ACCORDING TO THE 2017 "NATIONAL
647-PAGE 12-HOUSE BILL 24-1313 HOUSEHOLD TRAVEL SURVEY";
648-(s) A
649-CCORDING TO THE GREENHOUSE GAS POLLUTION REDUCTION
650-ROADMAP PUBLISHED BY THE
651-COLORADO ENERGY OFFICE, DATED JANUARY
652-14, 2021, THE TRANSPORTATION SECTOR IS THE SINGLE LARGEST SOURCE OF
653-GREENHOUSE GAS POLLUTION IN
654-COLORADO. NEARLY SIXTY PERCENT OF
655-THE GREENHOUSE GAS EMISSIONS FROM THE TRANSPORTATION SECTOR COME
656-FROM LIGHT
657--DUTY VEHICLES, WHICH ARE THE MAJORITY OF CARS AND
658-TRUCKS THAT
659-COLORADANS DRIVE EVERY DAY .
660-(t) M
661-OTOR VEHICLE POLLUTION , INCLUDING GREENHOUSE GAS
662-EMISSIONS
663-, DOES NOT STAY WITHIN THE GEOGRAPHIC BOUNDARIES OF THE
664-LOCAL GOVERNMENT WH ERE IT IS EMITTED
665-;
666-(u) T
667-HE GREENHOUSE GAS TRANSPORTATION PLANNING STANDARD
668-ADOPTED BY THE TRANSPORTATION COMMISSION OF
669-COLORADO IN 2021 SET
670-A STATEWIDE TARGET TO REDUCE TRANSPORTATION GREENHOUSE GAS
671-EMISSIONS THROUGH THE TRANSPORTATION PLANNING PROCESS BY ONE
672-MILLION FIVE HUNDRED THOUSAND TONS BY
673-2030; AND
674-(v) THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY HAS
675-CLASSIFIED THE
676-DENVER METRO AND NORTH FRONT RANGE AREA AS BEING
677-IN SEVERE NON
678--ATTAINMENT FOR OZONE AND GROUND LEVEL OZONE , WHICH
679-HAS SERIOUS IMPACTS ON HUMAN HEALTH
680-, PARTICULARLY FOR VULNERABLE
681-POPULATIONS
682-.
663+ESEARCHERS HAVE FOUND THAT UPWARD MOBILITY IS14
664+SIGNIFICANTLY GREATER IN MORE COMPACT DEVELOPMENT AREAS THAN15
665+IN LOW-DENSITY AREAS, PRIMARILY DUE TO BETTER JOB ACCESSIBILITY BY16
666+MULTIPLE TRANSPORTATION MODES , ACCORDING TO THE STUDY "DOES17
667+U
668+RBAN SPRAWL HOLD DOWN UPWARD MOBILITY?", PUBLISHED IN THE18
669+J
670+OURNAL OF LANDSCAPE AND URBAN PLANNING;19
671+(r) TRANSIT-ORIENTED DEVELOPMENT, INCLUDING CONNECTING20
672+HOUSING OPPORTUNITIES AND SERVICES WITH SAFE MULTIMODAL21
673+INFRASTRUCTURE AND PUBLIC TRANSIT, IMPROVES THE ACCESSIBILITY OF22
674+CITIES FOR PEOPLE WITH DISABILITIES AND THOSE WITH LIMITED MOBILITY.23
675+PEOPLE WITH DISABILITIES ARE MORE LIKELY TO LIVE IN HOUSEHOLDS24
676+WITH ZERO CARS, ARE LESS LIKELY TO DRIVE, AND ARE MORE LIKELY TO25
677+RELY ON PUBLIC TRANSIT OR PARATRANSIT , ACCORDING TO THE 201726
678+"NATIONAL HOUSEHOLD TRAVEL SURVEY";27
679+1313
680+-18- (s) ACCORDING TO THE GREENHOUSE GAS POLLUTION REDUCTION1
681+ROADMAP PUBLISHED BY THE COLORADO ENERGY OFFICE , DATED2
682+J
683+ANUARY 14, 2021, THE TRANSPORTATION SECTOR IS THE SINGLE LARGEST3
684+SOURCE OF GREENHOUSE GAS POLLUTION IN COLORADO. NEARLY SIXTY4
685+PERCENT OF THE GREENHOUSE GAS EMISSIONS FROM THE5
686+TRANSPORTATION SECTOR COME FROM LIGHT -DUTY VEHICLES, WHICH ARE6
687+THE MAJORITY OF CARS AND TRUCKS THAT COLORADANS DRIVE EVERY7
688+DAY.8 (t) MOTOR VEHICLE POLLUTION, INCLUDING GREENHOUSE GAS9
689+EMISSIONS, DOES NOT STAY WITHIN THE GEOGRAPHIC BOUNDARIES OF THE10
690+LOCAL GOVERNMENT WH ERE IT IS EMITTED ;11
691+(u) THE GREENHOUSE GAS TRANSPORTATION PL ANNING STANDARD12
692+ADOPTED BY THE TRANSPORTATION COMMISSION OF COLORADO IN 202113
693+SET A STATEWIDE TARGET TO REDUCE TRANSPORTATION GREENHOUSE GAS14
694+EMISSIONS THROUGH THE TRANSPORTATION PLANNING PROCESS BY ONE15
695+MILLION FIVE HUNDRED THOUSAND TONS BY 2030; AND16
696+(v) THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY17
697+HAS CLASSIFIED THE DENVER METRO AND NORTH FRONT RANGE AREA AS18
698+BEING IN SEVERE NON-ATTAINMENT FOR OZONE AND GROUND LEVEL19
699+OZONE, WHICH HAS SERIOUS IMPACTS ON HUMAN HEALTH , PARTICULARLY20
700+FOR VULNERABLE POPULATIONS .21
683701 (2) T
684-HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT :
702+HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT :22
685703 (a) T
686-HE CONSEQUENCES OF COMMUNITY OPPOSITION AND LOCAL
687-LAND USE POLICIES THAT LIMIT HOUSING SUPPLY IN TRANSIT
688--ORIENTED
689-COMMUNITIES IMPACT HOUSING OPTIONS FOR
690-COLORADANS OF LOW AND
691-MODERATE INCOMES AND WORKFORCE HOUSING TO SUPPORT EMPLOYMENT
692-GROWTH
693-. INCREASING HIGHER-DENSITY HOUSING IN TRANSIT -ORIENTED
694-COMMUNITIES ENSURES STABLE QUANTITY AND QUALITY OF HOUSING FOR
695-EVERYONE AND CORRECTS POLICIES THAT PERPETUATE SEGREGATED AND
696-UNEQUAL COMMUNITIES
697-, REDUCED MOBILITY AND LONG COMMUTES ,
698-REDUCED OPTIONS FOR OLDER ADULTS TO AGE IN THEIR COMMUNITY OF
699-CHOICE
700-, LOSS OF OPEN SPACE AND AGRICULTURAL LAND , HIGH WATER
701-USAGE
702-, AND INCREASED GREENHOUSE GAS AND AIR POLLUTION .
703-PAGE 13-HOUSE BILL 24-1313 (b) THERE IS AN EXTRATERRITORIAL IMPACT WHEN LOCAL
704-GOVERNMENTS RESTRICT HOUSING DEVELOPMENT WITHIN THEIR
705-JURISDICTIONS
706-. THE CALL FOR JOB GROWTH IN ONE COMMUNITY THAT DOES
707-NOT ALSO ADDRESS THE NEED FOR ADDITIONAL HOUSING AFFECTS THE
708-DEMAND OF HOUSING DEVELOPMENT IN NEIGHBORING JURISDICTIONS
709-. IN
710-COLORADO, THE NUMBER OF JOBS WITHIN LARGE MUNICIPALITIES IS
711-GENERALLY CORRELATED TO THE MUNICIPALITY
712-'S TRANSIT SERVICE, AND
713-RESEARCH HAS SHOWN THAT REGIONAL IMBALANCES BETWEEN JOBS AND
714-HOUSING HAVE A SIGNIFICANT IMPACT ON VEHICLE MILES TRAVELED AND
715-COMMUTE TIMES ACROSS JURISDICTIONS
716-, ACCORDING TO STUDIES SUCH AS
717-"WHICH REDUCES VEHICLE TRAVEL MORE: JOBS-HOUSING BALANCE OR
718-RETAIL-HOUSING MIXING?", PUBLISHED IN THE JOURNAL OF THE AMERICAN
719-PLANNING ASSOCIATION. WHEN PEOPLE ARE UNABLE TO LIVE NEAR WHERE
720-THEY WORK
721-, WORKERS HAVE NO OPTIONS BUT TO SPEND MORE HOURS ON
722-THE ROAD COMMUTING TO AND FROM WORK
723-. THE LONGER COMMUTE
724-INCREASES VEHICLE TRAFFIC AND PUTS ADDITIONAL STRAIN ON
725-COLORADO'S
726-ROADS AND INCREASES POLLUTION
727-.
704+HE CONSEQUENCES OF COMMUNITY OPPOSITION AND LOCAL23
705+LAND USE POLICIES THAT LIMIT HOUSING SUPPLY IN TRANSIT -ORIENTED24
706+COMMUNITIES IMPACT HOUSING OPTIONS FOR COLORADANS OF LOW AND25
707+MODERATE INCOMES AND WORKFORCE HOUSING TO SUPPORT26
708+EMPLOYMENT GROWTH . INCREASING HIGHER-DENSITY HOUSING IN27
709+1313
710+-19- TRANSIT-ORIENTED COMMUNITIES ENSURES STABLE QUANTITY AND1
711+QUALITY OF HOUSING FOR EVER YONE AND CORRECTS POLICIES THAT2
712+PERPETUATE SEGREGATED AND UNEQUAL COMMUNITIES , REDUCED3
713+MOBILITY AND LONG COMMUTES , REDUCED OPTIONS FOR OLDER ADULTS4
714+TO AGE IN THEIR COMMUNITY OF CHOICE , LOSS OF OPEN SPACE AND5
715+AGRICULTURAL LAND, HIGH WATER USAGE, AND INCREASED GREENHOUSE6
716+GAS AND AIR POLLUTION.7
717+(b) T
718+HERE IS AN EXTRATERRITORIAL IMPACT WHEN LOCAL8
719+GOVERNMENTS RESTRICT HOUSING DEVELOPMENT WITHIN THEIR9
720+JURISDICTIONS. THE CALL FOR JOB GROWTH IN ONE COMMUNITY THAT10
721+DOES NOT ALSO ADDRESS THE NEED FOR ADDITIONAL HOUSING AFFECTS11
722+THE DEMAND OF HOUSING DEVELOPMENT IN NEIGHBORING JURISDICTIONS .12
723+I
724+N COLORADO, THE NUMBER OF JOBS WITHIN LARGE MUNICIPALITIES IS13
725+GENERALLY CORRELATED TO THE MUNICIPALITY 'S TRANSIT SERVICE, AND14
726+RESEARCH HAS SHOWN THAT REGIONAL IMBALANCES BETWEEN JOBS AND15
727+HOUSING HAVE A SIGNIFICANT IMPACT ON VEHICLE MILES TRAVELED AND16
728+COMMUTE TIMES ACROSS JURISDICTIONS , ACCORDING TO STUDIES SUCH AS17
729+"W
730+HICH REDUCES VEHICLE TRAVEL MORE: JOBS-HOUSING BALANCE OR18
731+R
732+ETAIL-HOUSING MIXING?", PUBLISHED IN THE JOURNAL OF THE19
733+A
734+MERICAN PLANNING ASSOCIATION. WHEN PEOPLE ARE UNABLE TO LIVE20
735+NEAR WHERE THEY WORK , WORKERS HAVE NO OPTIONS BUT TO SPEND21
736+MORE HOURS ON THE ROAD COMMUTING TO AND FROM WORK . THE22
737+LONGER COMMUTE INCREASES VEHICLE TRAFFIC AND PUTS ADDITIONAL23
738+STRAIN ON COLORADO'S ROADS AND INCREASES POLLUTION .24
728739 (c) T
729-HE AVAILABILITY OF AFFORDABLE HOUSING IS A MATTER OF
730-MIXED STATEWIDE AND LOCAL CONCERN
731-. THEREFORE, IT IS THE INTENT OF
732-THE GENERAL ASSEMBLY IN ENACTING THIS PART
733-2 TO:
734-(I) P
735-ROVIDE FUNDING FOR INFRASTRUCTURE AND AFFORDABLE
736-HOUSING TO SUPPORT LOCAL GOVERNMENTS WHOSE ZONING DOES MEET THE
737-GOALS OF THIS PART
738-2, AND TO ENCOURAGE MORE DENSE MULTIFAMILY
739-HOUSING DEVELOPMENT PROJECTS THAT CAN ADDRESS THE STATE
740-'S HOUSING
741-SHORTAGE FOR ALL PARTS OF THE INCOME SPECTRUM
742-, AND SUPPORT MORE
743-FISCALLY AND ENVIRONMENTALLY SUSTAINABLE DEVELOPMENT PATTERNS
744-;
740+HE AVAILABILITY OF AFFORDABLE HOUSING IS A MATTER OF25
741+MIXED STATEWIDE AND LOCAL CONCERN . THEREFORE, IT IS THE INTENT OF26
742+THE GENERAL ASSEMBLY IN ENACTING THIS PART 2 TO:27
743+1313
744+-20- (I) PROVIDE FUNDING FOR INFRASTRUCTURE AND AFFORDABLE1
745+HOUSING TO SUPPORT LOCAL GOVERNMENTS WHOSE ZONING DOES MEET2
746+THE GOALS OF THIS PART 2, AND TO ENCOURAGE MORE DENSE3
747+MULTIFAMILY HOUSING DEVELOPMENT PROJECTS THAT CAN ADDRESS THE4
748+STATE'S HOUSING SHORTAGE FOR ALL PARTS OF THE INCOME SPECTRUM ,5
749+AND SUPPORT MORE FISCALLY AND ENVIRONMENTALLY SUSTAINABLE6
750+DEVELOPMENT PATTERNS ;7
745751 (II) I
746-MPROVE REGIONAL COLLABORATION AND OUTCOMES BY
747-REDUCING THE ABILITY OF INDIVIDUAL LOCAL GOVERNMENTS
748-' LAND USE
749-RESTRICTIONS TO NEGATIVELY INFLUENCE REGIONAL CONCERNS SUCH AS
750-HOUSING AFFORDABILITY
751-, OPEN SPACE, TRAFFIC, AND AIR POLLUTION; AND
752-(III) COLORADO HAS A LEGITIMATE STATE INTEREST IN MANAGING
753-POPULATION AND DEVELOPMENT GROWTH AND ENSURING STABLE QUALITY
754-AND QUANTITY OF HOUSING FOR
755-COLORADANS; AND
756-(d) COLORADO HAS A LEGITIMATE STATE INTEREST IN MANAGING
757-POPULATION AND DEVELOPMENT GROWTH AND ENSURING STABLE QUALITY
758-PAGE 14-HOUSE BILL 24-1313 AND QUANTITY OF HOUSING FOR COLORADANS AS THIS IS AMONG THE MOST
759-PRESSING PROBLEMS CURRENTLY FACING COMMUNITIES THROUGHOUT
760-COLORADO.
752+MPROVE REGIONAL COLLABORATION AND OUTCOMES BY8
753+REDUCING THE ABILITY OF INDIVIDUAL LOCAL GOVERNMENTS ' LAND USE9
754+RESTRICTIONS TO NEGATIVELY INFLUENCE REGIONAL CONCERNS SUCH AS10
755+HOUSING AFFORDABILITY, OPEN SPACE, TRAFFIC, AND AIR POLLUTION; AND11
756+(III) C
757+OLORADO HAS A LEGITIMATE STATE INTEREST IN MANAGING12
758+POPULATION AND DEVELOPMENT GROWTH AND ENSURING STABLE13
759+QUALITY AND QUANTITY OF HOUSING FOR COLORADANS; AND14
760+(d) C
761+OLORADO HAS A LEGITIMATE STATE INTEREST IN MANAGING15
762+POPULATION AND DEVELOPMENT GROWTH AND ENSURING STABLE16
763+QUALITY AND QUANTITY OF HOUSING FOR COLORADANS AS THIS IS AMONG17
764+THE MOST PRESSING PROBLEMS CURRENTLY FACING COMMUNITIES18
765+THROUGHOUT COLORADO.19
761766 (3) T
762-HEREFORE, THE GENERAL ASSEMBLY FINDS, DETERMINES, AND
763-DECLARES THAT THE LACK OF HOUSING SUPPLY AND UNSUSTAINABLE
764-DEVELOPMENT PATTERNS REQUIRE A STATEWIDE SOLUTION THAT ADDRESSES
765-LOCAL GOVERNMENT POLICIES THAT EFFECTIVELY LIMIT THE CONSTRUCTION
766-OF A DIVERSE RANGE OF HOUSING TYPES IN AREAS ALREADY SERVED BY
767-INFRASTRUCTURE OR IN CLOSE PROXIMITY TO JOBS AND PUBLIC TRANSIT
768-,
769-ALONG WITH A LACK OF FUNDING FOR INFRASTRUCTURE AND AFFORDABLE
770-HOUSING NEAR TRANSIT
771--ORIENTED COMMUNITIES.
767+HEREFORE, THE GENERAL ASSEMBLY FINDS, DETERMINES, AND20
768+DECLARES THAT THE LACK OF HOUSING SUPPLY AND UNSUSTAINABLE21
769+DEVELOPMENT PATTERNS REQUIRE A STATEWIDE SOLUTION THAT22
770+ADDRESSES LOCAL GOVERNMENT POLICIES THAT EFFECTIVELY LIMIT THE23
771+CONSTRUCTION OF A DIVERSE RANGE OF HOUSING TYPES IN AREAS24
772+ALREADY SERVED BY INFRASTRUCTURE OR IN CLOSE PROXIMITY TO JOBS25
773+AND PUBLIC TRANSIT , ALONG WITH A LACK OF FUNDING FOR26
774+INFRASTRUCTURE AND AFFORDABLE HOUSING NEAR TRANSIT -ORIENTED27
775+1313
776+-21- COMMUNITIES.1
772777 (4) T
773-HEREFORE, THE GENERAL ASSEMBLY DECLARES THAT
774-INCREASING HOUSING IN TRANSIT
775--ORIENTED COMMUNITIES IS A MATTER OF
776-MIXED STATEWIDE AND LOCAL CONCERN
777-.
778-29-37-202. Definitions. A
779-S USED IN THIS PART 2, UNLESS THE
780-CONTEXT OTHERWISE REQUIRES
781-:
778+HEREFORE, THE GENERAL ASSEMBLY DECLARES THAT2
779+INCREASING HOUSING IN TRANSIT-ORIENTED COMMUNITIES IS A MATTER3
780+OF MIXED STATEWIDE AND LOCAL CONCERN .4
781+29-35-202. Definitions. A
782+S USED IN THIS PART 2, UNLESS THE5
783+CONTEXT OTHERWISE REQUIRES :6
782784 (1) "C
783785 ERTIFIED TRANSIT-ORIENTED COMMUNITY " MEANS A
784-TRANSIT
785--ORIENTED COMMUNITY THAT HAS MET THE REQUIREMENTS OF
786-SECTION
787-29-37-204 (4).
788-(2) "E
789-XEMPT PARCEL" MEANS:
786+7
787+TRANSIT-ORIENTED COMMUNITY THAT HAS MET THE REQUIREMENTS OF8
788+SECTION 29-35-204 (4).9
789+ 10
790+(2) "EXEMPT PARCEL" MEANS:11
790791 (a) A
791792 NY PARCEL THAT A TRANSIT -ORIENTED COMMUNITY HAS
792-APPLIED TO THE DEPARTMENT FOR QUALIFICATION AS AN EXEMPT PARCEL
793-BECAUSE THE TRANSIT
794--ORIENTED COMMUNITY BELIEVES THE PARCEL
795-CANNOT BE DEVELOPED FOR REASONS INCLUDING HEALTH AND SAFETY
796-,
797-TOPOGRAPHY, OR PRACTICAL LIMITATIONS AND FOR WHICH THE
798-DEPARTMENT HAS APPROVED THE TRANSIT
799--ORIENTED COMMUNITY 'S
800-APPLICATION ACCORDING TO A PROCESS ESTABLISHED BY POLICIES AND
801-PROCEDURES DEVELOPED BY THE DEPARTMENT
802-;
803-(b) A
804- PARCEL THAT, AS OF JANUARY 1, 2024, IS NOT SERVED BY A
805-DOMESTIC WATER AND SEWAGE TREATMENT SYSTEM
806-, AS DEFINED IN
807-SECTION
808-24-65.1-104 (5), IS SERVED BY A WELL THAT IS NOT CONNECTED TO
809-A WATER DISTRIBUTION SYSTEM
810-, AS DEFINED IN SECTION 25-9-102 (6), OR IS
811-SERVED BY A SEPTIC TANK
812-, AS DEFINED IN SECTION 25-10-103 (18);
813-PAGE 15-HOUSE BILL 24-1313 (c) ANY PART OF A PARCEL THAT , AS OF JANUARY 1, 2024, IS
814-LOCATED WITHIN AN UNINCORPORATED AREA AS DEFINED IN SECTION
815-29-37-202 (12)(d)(II), AND IS SERVED BY A DOMESTIC WATER AND SEWAGE
816-TREATMENT SYSTEM
817-, AS DEFINED IN SECTION 24-65.1-104 (5), THAT IS
818-OWNED BY A MUNICIPALITY
819-;
820-(d) A
821- PARCEL THAT, AS OF JANUARY 1, 2024, IS IN AN
822-AGRICULTURAL
823-, FORESTRY, NATURAL RESOURCE PRESERVATION , OR OPEN
824-SPACE ZONING DISTRICT
825-;
826-(e) A
827- PARCEL THAT, AS OF JANUARY 1, 2024, IS ZONED OR USED
828-PRIMARILY FOR INDUSTRIAL USE
829-, WHICH, FOR PURPOSES OF THIS SUBSECTION
830-(1)(d), MEANS A BUSINESS USE OR ACTIVITY AT A SCALE GREATER THAN
831-HOME INDUSTRY INVOLVING MANUFACTURING
832-, FABRICATION, MINERAL OR
833-GRAVEL EXTRACTION
834-, ASSEMBLY, WAREHOUSING, OR STORAGE, AND
835-PARCELS THAT ARE IDENTIFIED WITHIN THE
836-UNITED STATES
837-ENVIRONMENTAL PROTECTION AGENCY
838-'S TOXIC RELEASE INVENTORY;
839-(f) A
840-NY PART OF A PARCEL THAT, AS OF JANUARY 1, 2024, IS IN A
841-FLOODWAY OR IN A ONE HUNDRED
842--YEAR FLOODPLAIN, AS IDENTIFIED BY THE
843-FEDERAL EMERGENCY MANAGEMENT AGENCY
844-;
793+12
794+APPLIED TO THE DEPARTMENT FOR QUALIFICATION AS AN EXEMPT PARCEL13
795+BECAUSE THE TRANSIT-ORIENTED COMMUNITY BELIEVES THE PARCEL14
796+CANNOT BE DEVELOPED FOR REASONS INCLUDING HEALTH AND SAFETY ,15
797+TOPOGRAPHY, OR PRACTICAL LIMITATIONS AND FOR WHICH THE16
798+DEPARTMENT HAS APPROVED THE TRANSIT -ORIENTED COMMUNITY 'S17
799+APPLICATION ACCORDING TO A PROCESS ESTABLISHED BY POLICIES AND18
800+PROCEDURES DEVELOPED BY THE DEPARTMENT ;19
801+(b) A PARCEL THAT, AS OF JANUARY 1, 2024, IS NOT SERVED BY A20
802+DOMESTIC WATER AND SEWAGE TREATMENT SYSTEM , AS DEFINED IN21
803+SECTION 24-65.1-104 (5), IS SERVED BY A WELL THAT IS NOT CONNECTED22
804+TO A WATER DISTRIBUTION SYSTEM, AS DEFINED IN SECTION 25-9-102 (6),23
805+OR IS SERVED BY A SEPTIC TANK, AS DEFINED IN SECTION 25-10-103 (18);24
806+(c) A
807+NY PART OF A PARCEL THAT, AS OF JANUARY 1, 2024, IS
808+25
809+LOCATED WITHIN AN UNINCORPORATED AREA AS DEFINED IN SECTION26
810+29-35-202 (12)(d)(II),
811+AND IS SERVED BY A DOMESTIC WATER AND
812+27
813+1313
814+-22- SEWAGE TREATMENT SYSTEM , AS DEFINED IN SECTION 24-65.1-104 (5),1
815+THAT IS OWNED BY A MUNICIPALITY;2
816+(d) A PARCEL THAT, AS OF JANUARY 1, 2024, IS IN AN3
817+AGRICULTURAL, FORESTRY, NATURAL RESOURCE PRESERVATION , OR OPEN4
818+SPACE ZONING DISTRICT;5
819+(e) A PARCEL THAT, AS OF JANUARY 1, 2024, IS ZONED OR USED6
820+PRIMARILY FOR INDUSTRIAL USE , WHICH, FOR PURPOSES OF THIS7
821+SUBSECTION (1)(d), MEANS A BUSINESS USE OR ACTIVITY AT A SCALE8
822+GREATER THAN HOME INDUSTRY INVOLVING M ANUFACTURING ,9
823+FABRICATION, MINERAL OR GRAVEL EXTRACTION , ASSEMBLY,10
824+WAREHOUSING, OR STORAGE, AND PARCELS THAT ARE IDENTIFIED WITHIN11
825+THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 'S TOXIC12
826+RELEASE INVENTORY;13
827+(f) ANY PART OF A PARCEL THAT, AS OF JANUARY 1, 2024, IS IN A14
828+FLOODWAY OR IN A ONE HUNDRED -YEAR FLOODPLAIN, AS IDENTIFIED BY15
829+THE FEDERAL EMERGENCY MANAGEMENT AGENCY ;16
845830 (g) A
846831 NY PART OF A PARCEL THAT , AS OF JANUARY 1, 2024, IS
847-SUBJECT TO AN EASEMENT FOR A MAJOR ELECTRIC OR NATURAL GAS
848-FACILITY
849-, AS DEFINED IN SECTION 29-20-108 (3);
850-(h) A
851- PARCEL THAT, AS OF JANUARY 1, 2024, IS USED AS A
852-CEMETERY
853-, AS DEFINED IN SECTION 31-25-701 (2);
854-(i) A
855-NY PART OF A PARCEL THAT, AS OF JANUARY 1, 2024, IS SUBJECT
856-TO A CONSERVATION EASEMENT
857-;
858-(j) A
859- PARCEL OR EASEMENT THAT, AS OF JANUARY 1, 2024, IS OWNED
860-BY
861-, USED AS, OR OPERATED BY AN AIRPORT;
862-(k) A
863- PUBLIC OR RAILROAD RIGHT-OF-WAY THAT EXISTS AS OF
864-JANUARY 1, 2024;
865-(l) A
866- PARCEL THAT, AS OF JANUARY 1, 2024, IS USED AS A MOBILE
867-HOME PARK
868-, AS DEFINED IN SECTION 38-12-201.5 (6);
869-PAGE 16-HOUSE BILL 24-1313 (m) A PARCEL THAT IS:
832+17
833+SUBJECT TO AN EASEMENT FOR A MAJOR ELECTRIC OR NATURAL GAS18
834+FACILITY, AS DEFINED IN SECTION 29-20-108 (3);19
835+(h) A PARCEL THAT, AS OF JANUARY 1, 2024, IS USED AS A20
836+CEMETERY, AS DEFINED IN SECTION 31-25-701 (2);21
837+(i) ANY PART OF A PARCEL THAT , AS OF JANUARY 1, 2024, IS22
838+SUBJECT TO A CONSERVATION EASEMENT ;23
839+(j) A PARCEL OR EASEMENT THAT , AS OF JANUARY 1, 2024, IS24
840+OWNED BY, USED AS, OR OPERATED BY AN AIRPORT;25
841+(k) A PUBLIC OR RAILROAD RIGHT-OF-WAY THAT EXISTS AS OF26
842+J
843+ANUARY 1, 2024;27
844+1313
845+-23- (l) A PARCEL THAT, AS OF JANUARY 1, 2024, IS USED AS A MOBILE1
846+HOME PARK, AS DEFINED IN SECTION 38-12-201.5 (6);2
847+(m) A
848+ PARCEL THAT IS:
849+3
870850 (I) W
871851 ITHIN A TRANSIT STATION AREA;
852+4
872853 (II) S
873854 EPARATED BY A STATE-OWNED LIMITED-ACCESS HIGHWAY OR
874-RAILROAD TRACK FROM ALL EXITS TO THE TRANSIT STATION THAT IS USED
875-TO ESTABLISH THE TRANSIT STATION AREA REFERENCED IN SUBSECTION
876-(1)(j)(I) OF THIS SECTION; AND
877-(III) WHOLLY BEYOND AN AREA THAT IS REACHABLE BY A PERSON
878-WALKING A DISTANCE OF NO MORE THAN ONE
879--HALF MILE FROM THE TRANSIT
880-STATION REFERENCED IN SUBSECTION
881- (1)(j)(II) OF THIS SECTION, AS
882-DESIGNATED BY THE WALKSHED MAP PUBLISHED BY THE DEPARTMENT
883-PURSUANT TO SECTION
884- 29-35-207 (1)(e);
885-(n) A
886- PARCEL THAT, AS OF JANUARY 1, 2024, IS OWNED BY A
887-FEDERAL
888-, STATE, OR LOCAL GOVERNMENT ENTITY ;
889-(o) A
890-NY PART OF A PARCEL THAT, AS OF JANUARY 1, 2024, INCLUDES
891-LAND THAT IS PARK AND OPEN SPACE
892-, AS DEFINED IN SECTION 29-7.5-103
893-(2);
855+5
856+RAILROAD TRACK FROM ALL EXITS TO THE TRANSIT STATION THAT IS USED6
857+TO ESTABLISH THE TRANSIT STATION AREA REFERENCED IN SUBSECTION7
858+(1)(j)(I)
859+OF THIS SECTION; AND
860+8
861+(III) W
862+HOLLY BEYOND AN AREA THAT IS REACHABLE BY A PERSON
863+9
864+WALKING A DISTANCE OF NO MORE THAN ONE -HALF MILE FROM THE10
865+TRANSIT STATION REFERENCED IN SUBSECTION (1)(j)(II) OF THIS SECTION,11
866+AS DESIGNATED BY THE WALKSHED MAP PUBLISHED BY THE DEPARTMENT12
867+PURSUANT TO SECTION 29-35-207 (1)(e);13
868+(n) A PARCEL THAT, AS OF JANUARY 1, 2024, IS OWNED BY A14
869+FEDERAL, STATE, OR LOCAL GOVERNMENT ENTITY ;15
870+(o) ANY PART OF A PARCEL THAT , AS OF JANUARY 1, 2024,16
871+INCLUDES LAND THAT IS PARK AND OPEN SPACE , AS DEFINED IN SECTION17
872+29-7.5-103 (2); 18
894873 (p) A
895- PARCEL THAT AS OF JANUARY 1, 2024, IS OWNED BY A SCHOOL
896-DISTRICT
897-, AS DEFINED IN SECTION 22-30-103 (13); OR
898-(q) ANY PART OF A PARCEL'S ZONING CAPACITY WHERE RESIDENTIAL
899-USE IS PREVENTED OR LIMITED TO LESS THAN FORTY DWELLING UNITS PER
900-ACRE BY STATE REGULATION
901-, FEDERAL REGULATION, OR DEED RESTRICTION
902-PURSUANT TO EITHER
903-:
874+ PARCEL THAT AS OF JANUARY 1, 2024, IS OWNED BY A
875+19
876+SCHOOL DISTRICT, AS DEFINED IN SECTION 22-30-103 (13); OR20
877+(q) A
878+NY PART OF A PARCEL 'S ZONING CAPACITY WHERE
879+21
880+RESIDENTIAL USE IS PREVENTED OR LIMITED TO LESS THAN FORTY22
881+DWELLING UNITS PER ACRE BY STATE REGULATION , FEDERAL REGULATION,23
882+OR DEED RESTRICTION PURSUANT TO EITHER :24
904883 (I) F
905884 EDERAL AVIATION ADMINISTRATION RESTRICTIONS PURSUANT
906-TO
907-14 CFR PART 77;
885+25
886+TO 14 CFR PART 77;26
908887 (II) A
909888 N ENVIRONMENTAL COVENANT PURSUANT TO SECTION
910-25-15-318 TO SECTION 25-15-323; OR
911-(III) RESTRICTIONS WITHIN A FLAMMABLE GAS OVERLAY ZONING
912-DISTRICT
913-.
914-(3) "H
915-OUSING OPPORTUNITY GOAL" MEANS A GOAL FOR THE ZONING
916-PAGE 17-HOUSE BILL 24-1313 CAPACITY FOR RESIDENTIAL UNITS IN A TRANSIT-ORIENTED COMMUNITY. A
917-LOCAL GOVERNMENT SHALL CALCULATE ITS HOUSING OPPORTUNITY GOAL
918-PURSUANT TO SECTION
919-29-37-204 (2).
920-(4) "M
921-IXED-USE PEDESTRIAN-ORIENTED NEIGHBORHOOD" MEANS AN
922-AREA THAT INTEGRATES LAND USE TYPES THAT INCLUDE RESIDENTIAL AND
923-NONRESIDENTIAL USES WITHIN A WALKABLE NEIGHBORHOOD
924-.
925-(5) "N
926-EIGHBORHOOD CENTER" MEANS AN AREA THAT BOTH MEETS
927-THE REQUIREMENTS OF SECTION
928-29-37-206 AND IS DESIGNATED AS A
929-NEIGHBORHOOD CENTER BY A LOCAL GOVERNMENT
930-.
931-(6) "N
932-ET HOUSING DENSITY" MEANS THE NUMBER OF RESIDENTIAL
933-UNITS ALLOWED PER ACRE OF LAND ON PARCELS THAT ALLOW FOR
934-RESIDENTIAL DEVELOPMENT
935-. IN CALCULATING NET HOUSING DENSITY FOR
936-AN AREA
937-, A LOCAL GOVERNMENT SHALL INCORPORATE ANY DIMENSIONAL
938-OR OTHER RESTRICTIONS IN LOCAL LAWS USED TO REGULATE ALLOWED
939-DENSITY IN THE AREA
940-, INCLUDING BUT NOT LIMITED TO RESTRICTIONS
941-RELATED TO UNITS PER ACRE
942-, LOT AREA PER UNIT, LOT COVERAGE, SITE
943-LEVEL OPEN SPACE REQUIREMENTS
944-, FLOOR AREA RATIOS , SETBACKS,
945-MINIMUM PARKING REQUIREMENTS , AND MAXIMUM HEIGHT . NOTHING IN
946-THIS SUBSECTION
947-(5) MEANS THAT, IN CALCULATING NET HOUSING DENSITY
948-FOR AN AREA
949-, A LOCAL GOVERNMENT SHALL INCLUDE AN AREA OF AN
950-INDIVIDUAL PARCEL REQUIRED FOR STORMWATER DRAINAGE OR A UTILITY
951-EASEMENT
952-.
953-(7) "O
954-PTIONAL TRANSIT AREA" MEANS THE TOTAL AREA, MEASURED
955-IN ACRES
956-, WITHIN A TRANSIT-ORIENTED COMMUNITY THAT IS WITHIN
957-ONE
958--QUARTER MILE OF A PUBLIC BUS ROUTE OR BUS RAPID TRANSIT
959-CORRIDOR AS IDENTIFIED IN THE CRITERIA IN SUBSECTION
960-29-37-207 (4).
961-(8) "T
962-RANSIT AREA" MEANS BOTH A TRANSIT STATION AREA , AS
963-DEFINED IN SUBSECTION
964-(12) OF THIS SECTION, OR A TRANSIT CORRIDOR
965-AREA
966-, AS DEFINED IN SUBSECTION (10) OF THIS SECTION.
967-(9) "T
968-RANSIT CENTER" MEANS AN AREA THAT BOTH MEETS THE
969-REQUIREMENTS OF SECTION
970-29-37-205 AND IS DESIGNATED AS A TRANSIT
971-CENTER BY A TRANSIT
972--ORIENTED COMMUNITY .
973-(10) "T
974-RANSIT CORRIDOR AREA " MEANS THE TOTAL AREA ,
975-PAGE 18-HOUSE BILL 24-1313 MEASURED IN ACRES, WITHIN A TRANSIT-ORIENTED COMMUNITY THAT IS
976-WITHIN ONE
977--QUARTER MILE OF A PUBLIC BUS ROUTE AS IDENTIFIED IN THE
978-CRITERIA IN SECTION
979-29-37-207 (3).
980-(11) "T
981-RANSIT-ORIENTED COMMUNITY " MEANS A LOCAL
982-GOVERNMENT THAT
983-:
889+27
890+1313
891+-24- 25-15-318 TO SECTION 25-15-323; OR1
892+(III) R
893+ESTRICTIONS WITHIN A FLAMMABLE GAS OVERLAY ZONING
894+2
895+DISTRICT.3
896+(3) "HOUSING OPPORTUNITY GOAL " MEANS A GOAL FOR THE4
897+ZONING CAPACITY FOR RESIDENTIAL UNITS IN A TRANSIT -ORIENTED5
898+COMMUNITY. A LOCAL GOVERNMENT SHALL CALCULATE ITS HOUSING6
899+OPPORTUNITY GOAL PURSUANT TO SECTION 29-35-204 (2).7
900+(4) "MIXED-USE PEDESTRIAN-ORIENTED NEIGHBORHOOD " MEANS8
901+AN AREA THAT INTEGRATES LAND USE TYPES THAT INCLUDE RESIDENTIAL9
902+AND NONRESIDENTIAL USES WITHIN A WALKABLE NEIGHBORHOOD .10
903+(5) "NEIGHBORHOOD CENTER" MEANS AN AREA THAT BOTH MEETS11
904+THE REQUIREMENTS OF SECTION 29-35-206 AND IS DESIGNATED AS A12
905+NEIGHBORHOOD CENTER BY A LOCAL GOVERNMENT .13
906+(6) "NET HOUSING DENSITY" MEANS THE NUMBER OF RESIDENTIAL14
907+UNITS ALLOWED PER ACRE OF LAND ON PARCELS THAT ALLOW FOR15
908+RESIDENTIAL DEVELOPMENT. IN CALCULATING NET HOUSING DENSITY FOR16
909+AN AREA, A LOCAL GOVERNMENT SHALL INCORPORATE ANY DIMENSIONAL17
910+OR OTHER RESTRICTIONS IN LOCAL LAWS USED TO REGULATE ALLOWED18
911+DENSITY IN THE AREA, INCLUDING BUT NOT LIMITED TO RESTRICTIONS19
912+RELATED TO UNITS PER ACRE, LOT AREA PER UNIT, LOT COVERAGE, SITE20
913+LEVEL OPEN SPACE REQUIREMENTS , FLOOR AREA RATIOS, SETBACKS,21
914+MINIMUM PARKING REQUIREMENTS , AND MAXIMUM HEIGHT. NOTHING IN22
915+THIS SUBSECTION (5) MEANS THAT, IN CALCULATING NET HOUSING23
916+DENSITY FOR AN AREA, A LOCAL GOVERNMENT SHALL INCLUDE AN AREA24
917+OF AN INDIVIDUAL PARCEL REQUIRED FOR STORMWATER DRAINAGE OR A25
918+UTILITY EASEMENT.26
919+ 27
920+1313
921+-25- (7) "OPTIONAL TRANSIT AREA " MEANS THE TOTAL AREA ,1
922+MEASURED IN ACRES, WITHIN A TRANSIT-ORIENTED COMMUNITY THAT IS2
923+WITHIN ONE-QUARTER MILE OF A PUBLIC BUS ROUTE OR BUS RAPID3
924+TRANSIT CORRIDOR AS IDENTIFIED IN THE CRITERIA IN SUBSECTION4
925+29-35-207 (4).5
926+ 6
927+(9) "TRANSIT AREA" MEANS BOTH A TRANSIT STATION AREA , AS7
928+DEFINED IN SUBSECTION (12) OF THIS SECTION, OR A TRANSIT CORRIDOR8
929+AREA, AS DEFINED IN SUBSECTION (10) OF THIS SECTION.9
930+(10) "TRANSIT CENTER" MEANS AN AREA THAT BOTH MEETS THE10
931+REQUIREMENTS OF SECTION 29-35-205 AND IS DESIGNATED AS A TRANSIT11
932+CENTER BY A TRANSIT-ORIENTED COMMUNITY .12
933+(11) "TRANSIT CORRIDOR AREA " MEANS THE TOTAL AREA ,13
934+MEASURED IN ACRES, WITHIN A TRANSIT-ORIENTED COMMUNITY THAT IS14
935+WITHIN ONE-QUARTER MILE OF A PUBLIC BUS ROUTE AS IDENTIFIED IN15
936+THE CRITERIA IN SECTION 29-35-207 (3).16
937+(12) "TRANSIT-ORIENTED COMMUNITY " MEANS A LOCAL17
938+GOVERNMENT THAT:18
984939 (a) I
985-S EITHER ENTIRELY OR PARTIALLY WITHIN A METROPOLITAN
986-PLANNING ORGANIZATION
987-;
940+S EITHER ENTIRELY OR PARTIALLY WITHIN A METROPOLITAN19
941+PLANNING ORGANIZATION;20
988942 (b) H
989-AS A POPULATION OF FOUR THOUSAND OR MORE ACCORDING TO
990-THE MOST RECENT DATA FROM THE STATE DEMOGRAPHY OFFICE
991-;
943+AS A POPULATION OF FOUR THOUSAND OR MORE ACCORDING21
944+TO THE MOST RECENT DATA FROM THE STATE DEMOGRAPHY OFFICE ;22
992945 (c) C
993-ONTAINS AT LEAST SEVENTY-FIVE ACRES OF TRANSIT AREA; AND
994-(d) IF THE LOCAL GOVERNMENT IS A COUNTY , CONTAINS EITHER:
946+ONTAINS AT LEAST SEVENTY-FIVE ACRES OF TRANSIT AREA;23
947+AND24
948+(d) I
949+F THE LOCAL GOVERNMENT IS A COUNTY , CONTAINS EITHER:25
995950 (I) A
996- PART OF A TRANSIT STATION AREA THAT IS BOTH IN AN
997-UNINCORPORATED PART OF THE COUNTY AND WITHIN ONE
998--HALF MILE OF A
999-TRANSIT STATION THAT SERVES ONE OR BOTH OF A COMMUTER RAIL OR A
1000-LIGHT RAIL SERVICE
1001-; OR
1002-(II) A PART OF A TRANSIT CORRIDOR AREA THAT IS BOTH IN AN
1003-UNINCORPORATED PART OF THE COUNTY AND FULLY SURROUNDED BY ONE
1004-OR MORE MUNICIPALITIES
1005-.
1006-(12) "T
1007-RANSIT STATION AREA" MEANS THE TOTAL AREA, MEASURED
1008-IN ACRES
1009-, WITHIN A TRANSIT-ORIENTED COMMUNITY THAT IS WITHIN
1010-ONE
1011--HALF MILE OF A STATION, AS IDENTIFIED IN THE CRITERIA IN SECTION
1012-29-37-207 (2).
1013-(13) "Z
1014-ONING CAPACITY" MEANS THE TOTAL NUMBER OF HOUSING
1015-UNITS ALLOWED IN AN AREA
1016-, AS LIMITED BY THE RESTRICTIONS IN LOCAL
1017-LAW THAT REGULATE DENSITY IN THAT AREA
1018-, AND AS CALCULATED BY
1019-TOTALING THE NET HOUSING DENSITY OF ALL PARCELS WITHIN THE AREA
1020-.
1021-(14) "Z
1022-ONING CAPACITY BUFFER" MEANS THE RATIO OF THE NUMBER
1023-OF HOUSING UNITS ANTICIPATED TO BE CONSTRUCTED IN AN AREA TO THE
1024-ZONING CAPACITY OF THE AREA
1025-.
1026-PAGE 19-HOUSE BILL 24-1313 29-37-203. Department of local affairs collaboration - goals -
1027-transit-oriented community authority. (1) A
1028-S DETERMINED TO BE
1029-APPROPRIATE BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT
1030-, THE
1031-DEPARTMENT SHALL COLLABORATE WITH THE DEPARTMENT OF
1032-TRANSPORTATION AND THE
1033-COLORADO ENERGY OFFICE IN FULFILLING THE
1034-REQUIREMENTS AND GOALS OF THIS PART
1035-2.
951+ PART OF A TRANSIT STATION AREA THAT IS BOTH IN AN26
952+UNINCORPORATED PART OF THE COUNTY AND WITHIN ONE -HALF MILE OF27
953+1313
954+-26- A TRANSIT STATION THAT SERVES ONE OR BOTH OF A COMMUTER RAIL OR1
955+A LIGHT RAIL SERVICE; OR2
956+(II)
957+ A PART OF A TRANSIT CORRIDOR AREA THAT IS BOTH IN AN3
958+UNINCORPORATED PART OF THE COUNTY AND FULLY SURROUNDED BY ONE4
959+OR MORE MUNICIPALITIES.5(13) "TRANSIT STATION AREA " MEANS THE TOTAL AREA ,6
960+MEASURED IN ACRES, WITHIN A TRANSIT-ORIENTED COMMUNITY THAT IS7
961+WITHIN ONE-HALF MILE OF A STATION, AS IDENTIFIED IN THE8
962+CRITERIA IN SECTION 29-35-207 (2).9
963+(14) "ZONING CAPACITY" MEANS THE TOTAL NUMBER OF HOUSING10
964+UNITS ALLOWED IN AN AREA, AS LIMITED BY THE RESTRICTIONS IN LOCAL11
965+LAW THAT REGULATE DENSITY IN THAT AREA , AND AS CALCULATED BY12
966+TOTALING THE NET HOUSING DENSITY OF ALL PARCELS WITHIN THE AREA .13
967+(15) "Z
968+ONING CAPACITY BUFFER" MEANS THE RATIO OF THE
969+14
970+NUMBER OF HOUSING UNITS ANTICIPATED TO BE CONSTRUCTED IN AN AREA15
971+TO THE ZONING CAPACITY OF THE AREA .16
972+29-35-203. Department of local affairs collaboration - goals -17
973+transit-oriented community authority. (1) AS DETERMINED TO BE18
974+APPROPRIATE BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT , THE19
975+DEPARTMENT SHALL COLLABORATE WITH THE DEPARTMENT OF20
976+TRANSPORTATION AND THE COLORADO ENERGY OFFICE IN FULFILLING THE21
977+REQUIREMENTS AND GOALS OF THIS PART 2.22
1036978 (2) T
1037979 HE GOALS OF THIS PART 2 ARE TO:
980+23
1038981 (a) I
1039982 NCREASE OPPORTUNITIES TO CONSTRUCT HOUSING NEAR
1040-TRANSIT IN ORDER TO PROVIDE BENEFITS INCLUDING REGULATED
1041-AFFORDABLE HOUSING
1042-, ACCESSIBLE HOUSING, REGIONAL EQUITY THROUGH
1043-A BALANCE OF JOBS AND HOUSING
1044-, IMPROVED AND EXPANDED TRANSIT
1045-SERVICE
1046-, AND MULTIMODAL ACCESS TO DAILY NEEDS WITHIN MIXED -USE
1047-PEDESTRIAN
1048--ORIENTED NEIGHBORHOODS ; AND
1049-(b) INCREASE OPPORTUNITIES FOR HOUSING PRODUCTION BY
1050-PROVIDING APPROPRIATE ZONING CAPACITY BUFFERS
1051-.
983+24
984+TRANSIT IN ORDER TO PROVIDE BENEFITS INCLUDING REGULATED25
985+AFFORDABLE HOUSING, ACCESSIBLE HOUSING, REGIONAL EQUITY THROUGH26
986+A BALANCE OF JOBS AND HOUSING , IMPROVED AND EXPANDED TRANSIT27
987+1313
988+-27- SERVICE, AND MULTIMODAL ACCESS TO DAILY NEEDS WITHIN MIXED -USE1
989+PEDESTRIAN-ORIENTED NEIGHBORHOODS ; AND2
990+(b) I
991+NCREASE OPPORTUNITIES FOR HOUSING PRODUCTION BY
992+3
993+PROVIDING APPROPRIATE ZONING CAPACITY BUFFERS .4
1052994 (3) N
1053995 OTHING IN THIS PART 2 PREVENTS A TRANSIT-ORIENTED
1054-COMMUNITY
1055-, OR OTHER RELEVANT ENTITY, FROM:
996+5
997+COMMUNITY, OR OTHER RELEVANT ENTITY, FROM:6
1056998 (a) E
1057999 NFORCING INFRASTRUCTURE STANDARDS IN LOCAL LAW THAT
1058-RESULT IN THE DENIAL OR CONDITIONING OF PERMITS OR APPROVALS FOR
1059-SPECIFIC HOUSING PROJECTS IN A TRANSIT CENTER
1060-, INCLUDING BUT NOT
1061-LIMITED TO UTILITIES
1062-, TRANSPORTATION, OR PUBLIC WORKS CODES OR
1063-STANDARDS
1064-;
1000+7
1001+RESULT IN THE DENIAL OR CONDITIONING OF PERMITS OR APPROVALS FOR8
1002+SPECIFIC HOUSING PROJECTS IN A TRANSIT CENTER , INCLUDING BUT NOT9
1003+LIMITED TO UTILITIES, TRANSPORTATION, OR PUBLIC WORKS CODES OR10
1004+STANDARDS;11
10651005 (b) A
10661006 DOPTING GENERALLY APPLICABLE REQUIREMENTS FOR THE
1067-PAYMENT OF IMPACT FEES OR OTHER SIMILAR DEVELOPMENT CHARGES
1068-, IN
1069-ACCORDANCE WITH SECTION
1070-29-20-104.5, OR THE MITIGATION OF IMPACTS
1071-IN ACCORDANCE WITH PART
1072-2 OF ARTICLE 20 OF THIS TITLE 29;
1007+12
1008+PAYMENT OF IMPACT FEES OR OTHER SIMILAR DEVELOPMENT CHARGES , IN13
1009+ACCORDANCE WITH SECTION 29-20-104.5, OR THE MITIGATION OF IMPACTS14
1010+IN ACCORDANCE WITH PART 2 OF ARTICLE 20 OF THIS TITLE 29;15
10731011 (c) A
10741012 PPROVING A DEVELOPMENT APPLICATION AT A LOWER NET
1075-HOUSING DENSITY THAN THE MAXIMUM ALLOWED NET HOUSING DENSITY
1076-;
1013+16
1014+HOUSING DENSITY THAN THE MAXIMUM ALLOWED NET HOUSING DENSITY ;17
10771015 (d) A
1078-LLOWING A HIGH AMOUNT OF ZONING CAPACITY IN ONE TRANSIT
1079-AREA
1080-, WHILE ALLOWING A VERY LOW AMOUNT OF OR NO ZONING CAPACITY
1081-IN ANOTHER TRANSIT AREA
1082-;
1083-PAGE 20-HOUSE BILL 24-1313 (e) IMPLEMENTING DISCRETIONARY APPROVAL PROCESSES FOR
1084-SUBDIVISIONS
1085-, REZONINGS, VARIANCES, OR OTHER PROCESSES IN TRANSIT
1086-CENTERS OUTSIDE OF PROJECT
1087--SPECIFIC ZONING STANDARDS;
1016+LLOWING A HIGH AMOUNT OF ZONING CAPACITY IN ONE
1017+18
1018+TRANSIT AREA, WHILE ALLOWING A VERY LOW AMOUNT OF OR NO ZONING19
1019+CAPACITY IN ANOTHER TRANSIT AREA ;20
1020+(e) I
1021+MPLEMENTING DISCRETIONARY APPROVAL PROCESSES FOR
1022+21
1023+SUBDIVISIONS, REZONINGS, VARIANCES, OR OTHER PROCESSES IN TRANSIT22
1024+CENTERS OUTSIDE OF PROJECT-SPECIFIC ZONING STANDARDS;23
10881025 (f) C
1089-REATING AN OPTIONAL DISCRETIONARY REVIEW PROCESS THAT
1090-MAY APPROVE GREATER DENSITY OR OTHER MORE PERMISSIVE STANDARDS
1091-THAN THE OBJECTIVE STANDARDS SUBJECT TO ADMINISTRATIVE APPROVAL
1092-IN A TRANSIT CENTER
1093-;
1094-(g) C
1095-REATING A DISCRETIONARY REVIEW PROCESS IN TRANSIT
1096-CENTERS THAT IS AVAILABLE AT THE APPLICANT
1097-'S OPTION AND IS SUBJECT
1098-TO CRITERIA CONSISTENT WITH THE PURPOSES OF THIS PART
1099-2 AS
1100-ESTABLISHED IN SUBSECTION
1101-(2) OF THIS SECTION, INCLUDING PROCESSES
1102-SUCH AS PLANNED UNIT DEVELOPMENTS
1103-;
1026+REATING AN OPTIONAL DISCRETIONARY REVIEW PROCESS
1027+24
1028+THAT MAY APPROVE GREATER DENSITY OR OTHER MORE PERMISSIVE25
1029+STANDARDS THAN THE OBJECTIVE STANDARDS SUBJECT TO26
1030+ADMINISTRATIVE APPROVAL IN A TRANSIT CENTER ;27
1031+1313
1032+-28- (g) CREATING A DISCRETIONARY REVIEW PROCESS IN TRANSIT1
1033+CENTERS THAT IS AVAILABLE AT THE APPLICANT'S OPTION AND IS SUBJECT2
1034+TO CRITERIA CONSISTENT WITH THE PURPOSES OF THIS PART 2 AS3
1035+ESTABLISHED IN SECTION SUBSECTION (2) OF THIS SECTION, INCLUDING4
1036+PROCESSES SUCH AS PLANNED UNIT DEVELOPMENTS ;5
11041037 (h) N
11051038 OT PUBLICLY DISCLOSING ANY CONFIDENTIAL INFORMATION
1106-RELATED TO WATER SUPPLIES OR FACILITIES
1107-;
1039+6
1040+RELATED TO WATER SUPPLIES OR FACILITIES;7
11081041 (i) A
11091042 LLOWING COMMERCIAL USES , BUSINESS USES, OR MIXED-USE
1110-DEVELOPMENT ON A PARCEL IN A DESIGNATED TRANSIT CENTER
1111-; AND
1112-(j) DENYING OR CONDITIONING DEVELOPMENT PROJECTS OR
1113-BUILDING PERMIT APPROVALS FOR A FAILURE TO MEET THE REQUIREMENTS
1114-OF A TRAFFIC STUDY THAT IS CONDUCTED USING OBJECTIVE STANDARDS
1115-.
1116-29-37-204. Transit-oriented community housing opportunity
1117-goal calculation - preliminary transit-oriented community assessment
1118-report - housing opportunity goal compliance - insufficient water
1119-supplies for meeting a housing opportunity goal - affordability and
1120-displacement mitigation strategies - housing opportunity goal report -
1121-legislative declaration. (1) Legislative declaration. T
1122-HE GENERAL
1123-ASSEMBLY HEREBY FINDS AND DECLARES THAT
1124-:
1043+8
1044+DEVELOPMENT ON A PARCEL IN A DESIGNATED TRANSIT CENTER ; AND9
1045+(j) D
1046+ENYING OR CONDITIONING DEVELOPMENT PROJECTS OR
1047+10
1048+BUILDING PERMIT APPROVALS FOR A FAILURE TO M EET THE REQUIREMENTS11
1049+OF A TRAFFIC STUDY THAT IS CONDUCTED USING OBJECTIVE STANDARDS .12
1050+29-35-204. Transit-oriented community housing opportunity13
1051+goal calculation - preliminary transit-oriented community assessment14
1052+report - housing opportunity goal compliance - insufficient water15
1053+supplies for meeting a housing opportunity goal - affordability and16
1054+displacement mitigation strategies - housing opportunity goal report17
1055+- legislative declaration. (1) Legislative declaration. T
1056+HE GENERAL18
1057+ASSEMBLY HEREBY FINDS AND DECLARES THAT :19
11251058 (a) T
1126-RANSIT RIDERSHIP, LAND USE DEVELOPMENT PATTERNS ,
1127-AFFORDABILITY AND AVAILABILITY OF HOUSING , ROADS, AND GREENHOUSE
1128-GAS EMISSIONS FROM THE TRANSPORTATION SECTOR ARE INTERCONNECTED
1129-ISSUES THAT HAVE IMPACTS AND CONCERNS WELL BEYOND THE BORDERS OF
1130-A SINGLE LOCAL COMMUNITY
1131-;
1059+RANSIT RIDERSHIP, LAND USE DEVELOPMENT PATTERNS ,20
1060+AFFORDABILITY AND AVAILABILITY OF HOUSING , ROADS, AND21
1061+GREENHOUSE GAS EMISSIONS FROM THE TRANSPORTATION SECTOR ARE22
1062+INTERCONNECTED ISSUES THAT HAVE IMPACTS AND CONCERNS WELL23
1063+BEYOND THE BORDERS OF A SINGLE LOCAL COMMUNITY ;24
11321064 (b) C
1133-OLORADO HAS AN INTEREST IN ENSURING A STABLE QUANTITY
1134-PAGE 21-HOUSE BILL 24-1313 AND QUALITY OF HOUSING IN ALIGNMENT WITH POPULATION GROWTH AND
1135-ENSURING THAT SHARED RESOURCES
1136-, INVESTMENTS, AND GOALS SUCH AS
1137-ROADS
1138-, INFRASTRUCTURE, TRANSIT, AIR QUALITY, WATER, AND GREENHOUSE
1139-GAS MITIGATION
1140-, ARE PROTECTED IN THE PROCESS; AND
1141-(c) INCREASING HOUSING DENSITY IN TRANSIT -ORIENTED
1142-COMMUNITIES IS A MATTER OF MIXED STATEWIDE AND LOCAL CONCERN
1143-THAT REQUIRES STATEWIDE COOPERATION
1144-.
1145-(2) Housing opportunity goal calculation. A
1146- TRANSIT-ORIENTED
1147-COMMUNITY SHALL CALCULATE ITS HOUSING OPPORTUNITY GOAL BY
1148-MULTIPLYING THE TOTAL AREA OF THE TRANSIT AREAS
1149-, AS DEFINED IN THE
1150-TRANSIT AREAS MAP CREATED PURSUANT TO SECTION
1151-29-37-207 (1), WITHIN
1152-THE LOCAL GOVERNMENT
1153-'S JURISDICTION, EXCLUSIVE OF THE EXEMPT
1154-PARCELS IN THOSE TRANSIT AREAS
1155-, BY FORTY DWELLING UNITS PER ACRE.
1156-(3) Preliminary transit-oriented community assessment report.
1065+OLORADO HAS AN INTEREST IN ENSURING A STABLE QUANTITY25
1066+AND QUALITY OF HOUSING IN ALIGNMENT WITH POPULATION GROWTH AND26
1067+ENSURING THAT SHARED RESOURCES , INVESTMENTS, AND GOALS SUCH AS27
1068+1313
1069+-29- ROADS, INFRASTRUCTURE, TRANSIT, AIR QUALITY, WATER, AND1
1070+GREENHOUSE GAS MITIGATION , ARE PROTECTED IN THE PROCESS; AND2
1071+(c) I
1072+NCREASING HOUSING DENSITY IN TRANSIT -ORIENTED3
1073+COMMUNITIES IS A MATTER OF MIXED STATEWIDE AND LOCAL CONCERN4
1074+THAT REQUIRES STATEWIDE COOPERATION .5
1075+(2) Housing opportunity goal calculation.
1076+ A6
1077+TRANSIT-ORIENTED COMMUNITY SHALL CALCULATE ITS HOUSING7
1078+OPPORTUNITY GOAL BY MULTIPLYING THE TOTAL AREA OF THE TRANSIT8
1079+AREAS, AS DEFINED IN THE TRANSIT AREAS MAP CREATED PURSUANT TO9
1080+SECTION 29-35-207 (1), WITHIN THE LOCAL GOVERNMENT'S JURISDICTION,10
1081+EXCLUSIVE OF THE EXEMPT PARCELS IN THOSE TRANSIT AREAS , BY 11
1082+FORTY DWELLING UNITS PER ACRE. 12
1083+(3) Preliminary transit-oriented community assessment report.13
11571084 (a) O
1158-N OR BEFORE JUNE 30, 2025, A TRANSIT-ORIENTED COMMUNITY SHALL ,
1159-IN A FORM AND MANNER DETERMINED BY THE DEPARTMENT , SUBMIT A
1160-PRELIMINARY TRANSIT
1161--ORIENTED COMMUNITY ASSESSMENT REPORT THAT
1162-INCLUDES
1163-:
1085+N OR BEFORE JUNE
1086+ 30, 2025, A TRANSIT-ORIENTED COMMUNITY14
1087+SHALL, IN A FORM AND M ANNER DETERMINED BY THE DEPARTMENT ,15
1088+SUBMIT A PRELIMINARY TRANSIT -ORIENTED COMMUNITY ASSESSMENT16
1089+REPORT THAT INCLUDES:17
11641090 (I) T
1165-HE TRANSIT-ORIENTED COMMUNITY 'S HOUSING OPPORTUNITY
1166-GOAL AND THE DATA AND METHOD THE TRANSIT
1167--ORIENTED COMMUNITY
1168-USED TO CALCULATE ITS HOUSING OPPORTUNITY GOAL
1169-; AND
1170-(II) A MAP OF EXISTING ZONING DISTRICTS WITHIN THE
1171-TRANSIT
1172--ORIENTED COMMUNITY THAT MAY QUALIFY AS TRANSIT CENTERS
1173-AND PRELIMINARY EVIDENCE FOR THIS QUALIFICATION INCLUDING THE
1174-STANDARDS APPLICABLE TO THESE ZONING DISTRICTS
1175-.
1176-(b) I
1177-F APPLICABLE, A TRANSIT-ORIENTED COMMUNITY MAY INCLUDE
1178-IN THE REPORT DESCRIBED IN SUBSECTION
1179- (3)(a) OF THIS SECTION ANY
1180-AFFORDABILITY OR DISPLACEMENT STRATEGIES THAT THE
1181-TRANSIT
1182--ORIENTED COMMUNITY HAS IMPLEMENTED .
1183-(c) T
1184-HE DEPARTMENT SHALL REVIEW A PRELIMINARY
1185-TRANSIT
1186--ORIENTED COMMUNITY ASSESSMENT REPORT SUBMITTED BY A
1187-TRANSIT
1188--ORIENTED COMMUNITY PURSUANT TO THIS SUBSECTION (3) AND
1189-EITHER PROVIDE WRITTEN NOTICE APPROVING THE REPORT OR PROVIDE
1190-PAGE 22-HOUSE BILL 24-1313 DIRECTION FOR AMENDING AND RESUBMITTING THE REPORT .
1091+HE TRANSIT-ORIENTED COMMUNITY'S HOUSING OPPORTUNITY18
1092+GOAL AND THE DATA AND METHOD THE TRANSIT -ORIENTED COMMUNITY19
1093+USED TO CALCULATE ITS HOUSING OPPORTUNITY GOAL ; AND20
1094+(II) A
1095+ MAP OF EXISTING ZONING DISTRICTS WITHIN THE21
1096+TRANSIT-ORIENTED COMMUNITY THAT MAY QUALIFY AS TRANSIT CENTERS22
1097+AND PRELIMINARY EVIDENCE FOR THIS QUALIFICATION INCLUDING THE23
1098+STANDARDS APPLICABLE TO THESE ZONING DISTRICTS .24
1099+(b) IF APPLICABLE, A TRANSIT-ORIENTED COMMUNITY MAY25
1100+INCLUDE IN THE REPORT DESCRIBED IN SUBSECTION (3)(a) OF THIS SECTION26
1101+ANY AFFORDABILITY OR DISPLACEMENT STRATEGIES THAT THE27
1102+1313
1103+-30- TRANSIT-ORIENTED COMMUNITY HAS IMPLEMENTED .1
1104+(c) THE DEPARTMENT SHALL REVIEW A PRELIMINARY2
1105+TRANSIT-ORIENTED COMMUNITY ASSESSMENT REPORT SUBMITTED BY A3
1106+TRANSIT-ORIENTED COMMUNITY PURSUANT TO THIS SUBSECTION (3) AND4
1107+EITHER PROVIDE WRITTEN NOTICE APPROVING THE REPORT OR PROVIDE5
1108+DIRECTION FOR AMENDING AND RESUBMITTING THE REPORT .6
11911109 (4) Housing opportunity goal compliance. O
11921110 N OR BEFORE
1193-DECEMBER 31, 2027, A TRANSIT-ORIENTED COMMUNITY SHALL SATISFY THE
1194-FOLLOWING CRITERIA
1195-, WHICH MUST BE SATISFIED TO QUALIFY AS A
1196-CERTIFIED TRANSIT
1197--ORIENTED COMMUNITY . A TRANSIT-ORIENTED
1198-COMMUNITY SHALL
1199-:
1200-(a) D
1201-ESIGNATE AREAS WITHIN THE TRANSIT-ORIENTED COMMUNITY
1202-AS TRANSIT CENTERS AND ENSURE THAT THOSE AREAS SATISFY THE
1203-REQUIREMENTS IN SECTION
1204-29-37-205;
1205-(b) E
1206-NSURE THAT THE TOTAL ZONING CAPACITY FOR ALL TRANSIT
1207-CENTERS WITHIN THE TRANSIT
1208--ORIENTED COMMUNITY IS GREATER THAN OR
1209-EQUAL TO THE TRANSIT
1210--ORIENTED COMMUNITY 'S HOUSING OPPORTUNITY
1211-GOAL
1212-;
1213-(c) S
1214-UBMIT A HOUSING OPPORTUNITY GOAL REPORT AND HAVE THE
1215-REPORT APPROVED BY THE DEPARTMENT PURSUANT TO SUBSECTION
1216-(8) OF
1217-THIS SECTION
1218-; AND
1219-(d) THREE YEARS AFTER A SUBMITTING A HOUSING OPPORTUNITY
1220-GOAL REPORT PURSUANT TO SUBSECTION
1221-(8) OF THIS SECTION, AND EVERY
1222-THREE YEARS THEREAFTER
1223-, SUBMIT A STATUS REPORT PURSUANT TO
1224-SUBSECTION
1225-(9) OF THIS SECTION THAT IS APPROVED BY THE DEPARTMENT .
1226-(5) Insufficient water supplies for meeting a housing opportunity
1227-goal. (a) O
1228-N OR BEFORE DECEMBER 31, 2026, AND EVERY THREE YEARS
1229-THEREAFTER
1230-, A TRANSIT-ORIENTED COMMUNITY MAY SUBMIT A NOTICE , IN
1231-A FORM AND MANNER DETERMINED BY THE DEPARTMENT
1232-, THAT THE SUPPLY
1233-OF WATER FROM ALL WATER SUPPLY ENTITIES
1234-, AS DEFINED IN SECTION
1235-29-20-302 (2), THAT SERVE THE TRANSIT -ORIENTED COMMUNITY IS
1236-INSUFFICIENT DURING THE NEXT THREE
1237--YEAR PERIOD TO PROVIDE THE
1238-DOMESTIC WATER SERVICE NECESSARY TO MEET THE TRANSIT
1239--ORIENTED
1240-COMMUNITY
1241-'S HOUSING OPPORTUNITY GOAL. THE WATER SUPPLY ENTITIES
1242-SHALL PROVIDE INFORMATION AND ASSISTANCE AS NECESSARY TO
1243-COMPLETE THE NOTICE ALLOWED BY THIS SUBSECTION
1244-(5). THE NOTICE
1245-ALLOWED BY THIS SUBSECTION
1246-(5) MUST INCLUDE, BUT IS NOT LIMITED TO:
1111+7
1112+D
1113+ECEMBER 31, 2027, A TRANSIT-ORIENTED COMMUNITY SHALL SATISFY
1114+8
1115+THE FOLLOWING CRITERIA, WHICH MUST BE SATISFIED TO QUALIFY AS A9
1116+CERTIFIED TRANSIT-ORIENTED COMMUNITY . A TRANSIT COMMUNITY10
1117+SHALL:11
1118+(a) DESIGNATE AREAS WITHIN THE TRANSIT -ORIENTED12
1119+COMMUNITY AS TRANSIT CENTERS AND ENSURE THAT THOSE AREAS13
1120+SATISFY THE REQUIREMENTS IN SECTION 29-35-205;14
1121+(b) ENSURE THAT THE TOTAL ZONING CAPACITY FOR ALL TRANSIT15
1122+CENTERS WITHIN THE TRANSIT-ORIENTED COMMUNITY IS GREATER THAN16
1123+OR EQUAL TO THE TRANSIT -ORIENTED COMMUNITY 'S HOUSING17
1124+OPPORTUNITY GOAL; 18
1125+(c) SUBMIT A HOUSING OPPORTUNITY GOAL REPORT AND HAVE THE19
1126+REPORT APPROVED BY THE DEPARTMENT PURSUANT TO SUBSECTION (8) OF20
1127+THIS SECTION; AND21
1128+(d) T
1129+HREE YEARS AFTER A SUBMITTING A HOUSING OPPORTUNITY
1130+22
1131+GOAL REPORT PURSUANT TO SUBSECTION (8) OF THIS SECTION, AND EVERY23
1132+THREE YEARS THEREAFTER , SUBMIT A STATUS REPORT PURSUANT TO24
1133+SUBSECTION (9) OF THIS SECTION THAT IS APPROVED BY THE DEPARTMENT.25
1134+(5) Insufficient water supplies for meeting a housing26
1135+opportunity goal. (a) O
1136+N OR BEFORE DECEMBER 31, 2026, AND EVERY27
1137+1313
1138+-31- THREE YEARS THEREAFTER , A TRANSIT-ORIENTED COMMUNITY MAY1
1139+SUBMIT A NOTICE, IN A FORM AND MANNER DETERMINED BY THE2
1140+DEPARTMENT, THAT THE SUPPLY OF WATER FROM ALL WATER SUPPLY3
1141+ENTITIES, AS DEFINED IN SECTION 29-20-302 (2), THAT SERVE THE4
1142+TRANSIT-ORIENTED COMMUNITY IS INSUFFICIENT DURING THE NEXT5
1143+THREE-YEAR PERIOD TO PROVIDE THE DOMESTIC WATER SERVICE6
1144+NECESSARY TO MEET THE TRANSIT -ORIENTED COMMUNITY 'S HOUSING7
1145+OPPORTUNITY GOAL. THE WATER SUPPLY ENTITIES SHALL PROVIDE8
1146+INFORMATION AND ASSISTANCE AS NECESSARY TO COMPLETE THE NOTICE9
1147+ALLOWED BY THIS SUBSECTION (5). THE NOTICE ALLOWED BY THIS10
1148+SUBSECTION (5) MUST INCLUDE, BUT IS NOT LIMITED TO:11
1149+ 12
12471150 (I) A
12481151 N ANALYSIS OF WATER DEMAND BASED ON :
1249-PAGE 23-HOUSE BILL 24-1313 (A) PROJECTED HOUSING AND POPULATION GROWTH , AS ESTIMATED
1250-BY THE STATE DEMOGRAPHY OFFICE OR A RELEVANT METROPOLITAN
1251-PLANNING ORGANIZATION
1252-; AND
1253-(B) A REASONABLE ZONING CAPACITY BUFFER , AS ESTIMATED BASED
1254-ON RELEVANT LOCAL
1255-, REGIONAL, OR STATE DATA.
1256-(II) A
1257-NY DATA, PROFESSIONAL OPINIONS, OR OTHER INFORMATION
1258-USED TO CREATE THE ANALYSIS IN SUBSECTION
1259- (5)(a)(I) OF THIS SECTION;
1260-(III) D
1261-OCUMENTATION DEMONSTRATING BOTH AN UP -TO-DATE
1262-WATER SUPPLY PLAN THAT COMPLIES WITH SECTION
1263-29-20-304 (3) AND AN
1264-UP
1265--TO-DATE WATER EFFICIENCY PLAN THAT COMPLIES WITH SECTION
1266-37-60-126 (1) THROUGH (5); AND
1267-(IV) A PROPOSAL THAT MAY INCLUDE:
1268-(A) E
1269-VIDENCE THAT THE WATER SUPPLY ENTITY LACKS ADEQUATE
1270-WATER SUPPLY TO PROVIDE THE AMOUNT OF WATER IDENTIFIED IN
1271-SUBSECTION
1272- (5)(a)(I) OF THIS SECTION; AND
1273-(B) A REQUEST FOR A MODIFICATION OF THE HOUSING OPPORTUNITY
1274-GOAL DURING THE NEXT THREE YEAR PERIOD BASED ON THE ANALYSIS OF
1275-WATER DEMAND IDENTIFIED IN SUBSECTION
1276- (5)(a)(I) OF THIS SECTION.
1152+13
1153+(A) P
1154+ROJECTED HOUSING AND POPULATION GROWTH , AS
1155+14
1156+ESTIMATED BY THE STATE DEMOGRAPHY OFFICE OR A RELEVANT15
1157+METROPOLITAN PLANNING ORGANIZATION ; AND16
1158+(B) A
1159+ REASONABLE ZONING CAPACITY BUFFER , AS ESTIMATED
1160+17
1161+BASED ON RELEVANT LOCAL , REGIONAL, OR STATE DATA.18
1162+ 19
1163+(II) ANY DATA, PROFESSIONAL OPINIONS, OR OTHER INFORMATION20
1164+USED TO CREATE THE ANALYSIS IN SUBSECTION (5)(a)(I) OF THIS21
1165+SECTION;22
1166+(III) DOCUMENTATION DEMONSTRATING BOTH AN UP -TO-DATE23
1167+WATER SUPPLY PLAN THAT COMPLIES WITH SECTION 29-20-304 (3) AND AN24
1168+UP-TO-DATE WATER EFFICIENCY PLAN THAT COMPLIES WITH SECTION25
1169+37-60-126
1170+ (1) THROUGH (5);
1171+AND26
1172+(IV) A PROPOSAL THAT MAY INCLUDE:27
1173+1313
1174+-32- (A) EVIDENCE THAT THE WATER SUPPLY ENTITY LACKS ADEQUATE1
1175+WATER SUPPLY TO PROVIDE THE AMOUNT OF WATER IDENTIFIED IN2
1176+SUBSECTION (5)(a)(I) OF THIS SECTION; AND3
1177+(B) A
1178+ REQUEST FOR A MODIFICATION OF THE HOUSING
1179+4
1180+OPPORTUNITY GOAL DURING THE NEXT THREE YEAR PERIOD BASED ON THE5
1181+ANALYSIS OF WATER DEMAND IDENTIFIED IN SUBSECTION (5)(a)(I) OF THIS6
1182+SECTION.7
12771183 (b) U
1278-PON RECEIVING THE NOTICE DESCRIBED IN SUBSECTION (5)(a)
1279-OF THIS SECTION, THE DEPARTMENT SHALL REVIEW THE NOTICE AND
1280-DETERMINE WHETHER TO ACCEPT
1281-, PROVIDE COMMENT ON , OR DENY THE
1282-PROPOSAL DESCRIBED IN SUBSECTION
1283- (5)(a)(IV) OF THIS SECTION.
1184+PON RECEIVING THE NOTICE DESCRIBED IN SUBSECTION (5)(a)8
1185+OF THIS SECTION, THE DEPARTMENT SHALL REVIEW THE NOTICE AND9
1186+DETERMINE WHETHER TO ACCEPT , PROVIDE COMMENT ON, OR DENY THE10
1187+PROPOSAL DESCRIBED IN SUBSECTION (5)(a)(IV)
1188+ OF THIS SECTION.11
12841189 (6) Affordability strategies. (a) O
1285-N OR BEFORE DECEMBER 31,
1190+N OR BEFORE DECEMBER 31,12
12861191 2026,
1287- A TRANSIT-ORIENTED COMMUNITY SHALL IDENTIFY AFFORDABILITY
1288-STRATEGIES THAT IT WILL IMPLEMENT OR HAS ALREADY IMPLEMENTED
1289-WHILE MEETING ITS HOUSING OPPORTUNITY GOAL
1290-. IN SO DOING, THE
1291-TRANSIT
1292--ORIENTED COMMUNITY SHALL IDENTIFY AFFORDABILITY
1293-STRATEGIES BASED ON THE DEMONSTRATED HOUSING NEEDS WITHIN THE
1294-TRANSIT
1295--ORIENTED COMMUNITY INCLUDING FOR -SALE AND RENTAL HOUSING
1296-NEEDS AND THE HOUSING NEEDS OF LOW
1297--, MODERATE-, AND
1298-MEDIUM
1299--INCOME HOUSEHOLDS, AS DESIGNATED BY THE UNITED STATES
1300-DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
1301-.
1302-PAGE 24-HOUSE BILL 24-1313 (b) (I) ON OR BEFORE DECEMBER 31, 2026, A TRANSIT-ORIENTED
1303-COMMUNITY SHALL INCLUDE THE FOLLOWING IN ITS HOUSING OPPORTUNITY
1304-GOAL REPORT SUBMITTED PURSUANT TO SUBSECTION
1305- (8)(a)(IV) OF THIS
1306-SECTION
1307-:
1192+ A TRANSIT-ORIENTED COMMUNITY SHALL IDENTIFY AFFORDABILITY13
1193+STRATEGIES THAT IT WILL IMPLEMENT
1194+OR HAS ALREADY IMPLEMENTED14
1195+WHILE MEETING ITS HOUSING OPPORTUNITY GOAL . IN SO DOING, THE15
1196+TRANSIT-ORIENTED COMMUNITY SHALL IDENTIFY AFFORDABILITY16
1197+STRATEGIES BASED ON THE DEMONSTRATED HOUSING NEEDS WITHIN THE17
1198+TRANSIT-ORIENTED COMMUNITY INCLUDING FOR -SALE AND RENTAL18
1199+HOUSING NEEDS AND THE HOUSING NEEDS OF LOW -, MODERATE-, AND19
1200+MEDIUM-INCOME HOUSEHOLDS, AS DESIGNATED BY THE UNITED STATES20
1201+DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT .21
1202+(b) (I) O
1203+N OR BEFORE DECEMBER 31, 2026, A TRANSIT-ORIENTED22
1204+COMMUNITY SHALL INCLUDE THE FOLLOWING IN ITS HOUSING23
1205+OPPORTUNITY GOAL REPORT SUBMITTED PURSUANT TO SUBSECTION24
1206+(8)(a)(IV)
1207+OF THIS SECTION:25
13081208 (A) A
1309-T LEAST TWO STRATEGIES INCLUDED IN THE STANDARD
1310-AFFORDABILITY STRATEGIES MENU DESCRIBED IN SECTION
1311-29-37-208 (1)
1312-THAT THE TRANSIT-ORIENTED COMMUNITY IDENTIFIED PURSUANT TO
1313-SUBSECTION
1314- (6)(a) OF THIS SECTION AND INTENDS TO IMPLEMENT ;
1209+T LEAST TWO STRATEGIES INCLUDED IN THE STANDARD26
1210+AFFORDABILITY STRATEGIES MENU DESCRIBED IN SECTION 29-35-208 (1)
1211+27
1212+1313
1213+-33- THAT THE TRANSIT-ORIENTED COMMUNITY IDENTIFIED PURSUANT TO1
1214+SUBSECTION (6)(a) OF THIS SECTION AND INTENDS TO IMPLEMENT ;2
13151215 (B) A
1316-T LEAST ONE STRATEGY INCLUDED IN THE LONG -TERM
1317-AFFORDABILITY STRATEGIES MENU DESCRIBED IN SECTION
1318-29-37-208 (2)
1319-THAT THE TRANSIT-ORIENTED COMMUNITY IDENTIFIED PURSUANT TO
1320-SUBSECTION
1321- (6)(a) OF THIS SECTION AND INTENDS TO IMPLEMENT ; AND
1322-(C) AN IMPLEMENTATION PLAN DESCRIBING HOW THE
1323-TRANSIT
1324--ORIENTED COMMUNITY HAS OR WILL IMPLEMENT THE
1325-AFFORDABILITY STRATEGIES IDENTIFIED PURSUANT TO SUBSECTIONS
1326-(6)(b)(I)(A) AND (6)(b)(I)(B) OF THIS SECTION.
1216+T LEAST ONE STRATEGY INCLUDED IN THE LONG -TERM3
1217+AFFORDABILITY STRATEGIES MENU DESCRIBED IN SECTION 29-35-208 (2)
1218+4
1219+THAT THE TRANSIT-ORIENTED COMMUNITY IDENTIFIED PURSUANT TO5
1220+SUBSECTION (6)(a) OF THIS SECTION AND INTENDS TO IMPLEMENT ; AND6
1221+(C) A
1222+N IMPLEMENTATION PLAN DESCRIBING HOW THE7
1223+TRANSIT-ORIENTED COMMUNITY HAS OR WILL IMPLEMENT THE8
1224+AFFORDABILITY STRATEGIES IDENTIFIED PURSUANT TO SUBSECTIONS9
1225+(6)(b)(I)(A)
1226+AND (6)(b)(I)(B) OF THIS SECTION.10
13271227 (II) F
1328-OR PURPOSES OF SATISFYING THE REQUIREMENTS OF THIS
1329-SUBSECTION
1330- (6)(b), A TRANSIT-ORIENTED COMMUNITY SHALL NOT :
1228+OR PURPOSES OF SATISFYING THE REQUIREMENTS OF THIS11
1229+SUBSECTION (6)(b), A TRANSIT-ORIENTED COMMUNITY SHALL NOT :12
13311230 (A) C
1332-OUNT ONE OR BOTH OF THE STRATEGIES DESCRIBED IN
1333-SECTIONS
1334- 29-37-208 (1)(e) AND 29-37-208 (2)(c) TOWARDS SATISFYING THE
1335-REQUIREMENTS OF BOTH SUBSECTIONS
1336- (6)(b)(I)(A) AND (6)(b)(I)(B) OF THIS
1337-SECTION
1338-; OR
1339-(B) COUNT ANY STRATEGY DESCRIBED IN SECTION 29-37-208 THAT
1340-IS OTHERWISE REQUIRED BY STATE LAW
1341-.
1231+OUNT ONE OR BOTH OF THE STRATEGIES DESCRIBED IN13
1232+SECTIONS 29-35-208 (1)(e) AND 29-35-208 (2)(c)
1233+ TOWARDS SATISFYING14
1234+THE REQUIREMENTS OF BOTH SUBSECTIONS (6)(b)(I)(A) AND (6)(b)(I)(B)15
1235+OF THIS SECTION; OR16
1236+(B) C
1237+OUNT ANY STRATEGY DESCRIBED IN SECTION 29-35-208
1238+17
1239+THAT IS OTHERWISE REQUIRED BY STATE LAW .18
13421240 (7) Displacement mitigation strategies. O
1343-N OR BEFORE DECEMBER
1344-31, 2026, A TRANSIT-ORIENTED COMMUNITY SHALL INCLUDE THE
1345-FOLLOWING IN ITS HOUSING OPPORTUNITY GOAL REPORT
1346-, PURSUANT TO
1347-SUBSECTION
1348- (8)(a)(V) OF THIS SECTION:
1241+N OR BEFORE19
1242+D
1243+ECEMBER 31, 2026, A TRANSIT-ORIENTED COMMUNITY SHALL INCLUDE20
1244+THE FOLLOWING IN ITS HOUSING OPPORTUNITY GOAL REPORT , PURSUANT21
1245+TO SUBSECTION (8)(a)(V) OF THIS SECTION:22
13491246 (a) T
1350-WO DISPLACEMENT MITIGATION STRATEGIES THAT THE
1351-TRANSIT
1352--ORIENTED COMMUNITY HAS ADOPTED OR WILL ADOPT FROM THE
1353-LONG
1354--TERM DISPLACEMENT MITIGATION STRATEGIES MENU DEVELOPED BY
1355-THE DEPARTMENT PURSUANT TO SECTION
1356-29-37-209 (3) TO MITIGATE
1357-PAGE 25-HOUSE BILL 24-1313 DISPLACEMENT RISKS WHILE MEETING ITS HOUSING OPPORTUNITY GOAL ; AND
1358-(b) AN IMPLEMENTATION PLAN DESCRIBING HOW THE
1359-TRANSIT
1360--ORIENTED COMMUNITY WILL IMPLEMENT THE DISPLACEMENT
1361-MITIGATION STRATEGIES IT IDENTIFIES PURSUANT TO SUBSECTION
1362- (7)(a) OF
1363-THIS SECTION
1364-.
1247+WO
1248+ DISPLACEMENT MITIGATION STRATEGIES THAT THE23
1249+TRANSIT-ORIENTED COMMUNITY HAS ADOPTED OR WILL ADOPT FROM THE24
1250+LONG-TERM DISPLACEMENT MITIGATION STRATEGIES MENU DEVELOPED BY25
1251+THE DEPARTMENT PURSUANT TO SECTION 29-35-209 (3) TO MITIGATE26
1252+DISPLACEMENT RISKS WHILE MEETING ITS HOUSING OPPORTUNITY GOAL ;27
1253+1313
1254+-34- AND1
1255+(b) A
1256+N IMPLEMENTATION PLAN DESCRIBING HOW THE2
1257+TRANSIT-ORIENTED COMMUNITY WILL IMPLEMENT THE DISPLACEMENT3
1258+MITIGATION STRATEGIES IT IDENTIFIES PURSUANT TO SUBSECTION (7)(a)4
1259+OF THIS SECTION.5
13651260 (8) Housing opportunity goal report. (a) O
1366-N OR BEFORE
1367-DECEMBER 31, 2026, A TRANSIT-ORIENTED COMMUNITY SHALL SUBMIT A
1368-HOUSING OPPORTUNITY GOAL REPORT TO THE DEPARTMENT IN A FORM AND
1369-MANNER DETERMINED BY THE DEPARTMENT
1370-. IF A TRANSIT-ORIENTED
1371-COMMUNITY CANNOT INCLUDE ANY OF THE FOLLOWING ITEMS IN ITS
1372-HOUSING OPPORTUNITY GOAL REPORT ON OR BEFORE
1373-DECEMBER 31, 2026,
1374-THE TRANSIT-ORIENTED COMMUNITY SHALL INDICATE WHY IT CANNOT DO SO
1375-AND ITS PROGRESS TOWARDS BEING ABLE TO INCLUDE THOSE ITEMS IN ITS
1376-HOUSING OPPORTUNITY GOAL REPORT
1377-. THE REPORT MUST INCLUDE THE
1378-FOLLOWING
1379-, ALONG WITH ANY OTHER ELEMENTS IDENTIFIED BY THE
1380-DEPARTMENT
1381-:
1261+N OR BEFORE6
1262+D
1263+ECEMBER 31, 2026, A TRANSIT-ORIENTED COMMUNITY SHALL SUBMIT A7
1264+HOUSING OPPORTUNITY GOAL REPORT TO THE DEPARTMENT IN A FORM8
1265+AND MANNER DETERMINED BY THE DEPARTMENT .
1266+ IF A9
1267+TRANSIT-ORIENTED COMMUNITY CANNOT INCLUDE ANY OF THE10
1268+FOLLOWING ITEMS IN ITS HOUSING OPPORTUNITY GOAL REPORT ON OR11
1269+BEFORE DECEMBER 31, 2026, THE TRANSIT-ORIENTED COMMUNITY SHALL12
1270+INDICATE WHY IT CANNOT DO SO AND ITS PROGRESS TOWARDS BEING ABLE13
1271+TO INCLUDE THOSE ITEMS IN ITS HOUSING OPPORTUNITY GOAL REPORT .14
1272+T
1273+HE REPORT MUST INCLUDE THE FOLLOWING , ALONG WITH ANY OTHER15
1274+ELEMENTS IDENTIFIED BY THE DEPARTMENT :16
13821275 (I) T
1383-HE TRANSIT-ORIENTED COMMUNITY 'S HOUSING OPPORTUNITY
1384-GOAL
1385-;
1276+HE TRANSIT-ORIENTED COMMUNITY'S HOUSING OPPORTUNITY17
1277+GOAL;18
13861278 (II) E
1387-VIDENCE THAT THE TRANSIT-ORIENTED COMMUNITY HAS MET
1388-ITS HOUSING OPPORTUNITY GOAL PURSUANT TO SUBSECTION
1389- (4)(b) OF THIS
1390-SECTION
1391-;
1279+VIDENCE THAT THE TRANSIT-ORIENTED COMMUNITY HAS MET19
1280+ITS HOUSING OPPORTUNITY GOAL PURSUANT TO SUBSECTION (4)(b)
1281+ OF20
1282+THIS SECTION;21
13921283 (III) A
1393- MAP THAT IDENTIFIES THE BOUNDARIES OF ANY TRANSIT
1394-CENTERS WITHIN THE TRANSIT
1395--ORIENTED COMMUNITY AND EVIDENCE THAT
1396-THOSE AREAS SATISFY THE REQUIREMENTS IN SECTION
1397-29-37-205;
1284+ MAP THAT IDENTIFIES THE BOUNDARIES OF ANY TRANSIT22
1285+CENTERS WITHIN THE TRANSIT -ORIENTED COMMUNITY AND EVIDENCE23
1286+THAT THOSE AREAS SATISFY THE REQUIREMENTS IN SECTION 29-35-205
1287+;24
13981288 (IV) A
1399-FFORDABILITY STRATEGIES IDENTIFIED PURSUANT TO
1400-SUBSECTION
1401- (6)(b)(I)(A) AND (6)(b)(I)(B) OF THIS SECTION AND THE
1402-IMPLEMENTATION PLAN DESCRIBED PURSUANT TO SUBSECTION
1403- (6)(b)(I)(C)
1404-OF THIS SECTION;
1289+FFORDABILITY STRATEGIES
1290+IDENTIFIED PURSUANT TO25
1291+SUBSECTION (6)(b)(I)(A) AND (6)(b)(I)(B) OF THIS SECTION AND THE26
1292+IMPLEMENTATION PLAN DESCRIBED PURSUANT TO SUBSECTION (6)(b)(I)(C)27
1293+1313
1294+-35- OF THIS SECTION;1
14051295 (V) D
1406-ISPLACEMENT MITIGATION STRATEGIES IDENTIFIED PURSUANT
1407-TO SUBSECTION
1408- (7)(a) OF THIS SECTION AND THE IMPLEMENTATION PLAN
1409-DESCRIBED PURSUANT TO SUBSECTION
1410- (7)(b) OF THIS SECTION;
1411-(VI) A
1412- DESCRIPTION OF COMMUNITY ENGAGEMENT THAT THE
1413-PAGE 26-HOUSE BILL 24-1313 TRANSIT-ORIENTED COMMUNITY CONDUCTED IN THE PROCESS OF MEETING
1414-ITS HOUSING OPPORTUNITY GOAL
1415-, IDENTIFYING AFFORDABILITY STRATEGIES
1416-PURSUANT TO SUBSECTION
1417- (6)(b)(I)(A) AND (6)(b)(I)(B) OF THIS SECTION
1418-AND IDENTIFYING DISPLACEMENT MITIGATION STRATEGIES PURSUANT TO
1419-SUBSECTION
1420- (7)(a) OF THIS SECTION; AND
1421-(VII) IF APPLICABLE, AND IF THE TRANSIT-ORIENTED COMMUNITY SO
1422-CHOOSES
1423-, EVIDENCE THAT THE TRANSIT -ORIENTED COMMUNITY HAS
1424-SATISFIED THE REQUIREMENTS OF SUBSECTION
1425-(5) OF THIS SECTION.
1296+ISPLACEMENT MITIGATION STRATEGIES
1297+IDENTIFIED2
1298+PURSUANT TO SUBSECTION (7)(a) OF THIS SECTION AND THE3
1299+IMPLEMENTATION PLAN DESCRIBED PURSUANT TO SUBSECTION (7)(b) OF4
1300+THIS SECTION; 5
1301+(VI) A DESCRIPTION OF COMMUNITY ENGAGEMENT THAT THE6
1302+TRANSIT-ORIENTED COMMUNITY CONDUCTED IN THE PROCESS OF M EETING7
1303+ITS HOUSING OPPORTUNITY GOAL , IDENTIFYING AFFORDABILITY8
1304+STRATEGIES PURSUANT TO SUBSECTION (6)(b)(I)(A) AND (6)(b)(I)(B) OF9
1305+THIS SECTION AND IDENTIFYING DISPLACEMENT MITIGATION STRATEGIES10
1306+PURSUANT TO SUBSECTION (7)(a) OF THIS SECTION; AND11
1307+(VII) IF APPLICABLE, AND IF THE TRANSIT-ORIENTED COMMUNITY12
1308+SO CHOOSES, EVIDENCE THAT THE TRANSIT-ORIENTED COMMUNITY HAS13
1309+SATISFIED THE REQUIREMENTS OF SUBSECTION (5) OF THIS SECTION.14
14261310 (b) T
1427-HE DEPARTMENT SHALL REVIEW A HOUSING OPPORTUNITY GOAL
1428-REPORT SUBMITTED BY A TRANSIT
1429--ORIENTED COMMUNITY PURSUANT TO
1430-SUBSECTION
1431- (8)(a) OF THIS SECTION AND PROVIDE WRITTEN NOTICE THAT
1432-EITHER
1433-:
1311+HE DEPARTMENT SHALL REVIEW A HOUSING OPPORTUNITY15
1312+GOAL REPORT SUBMITTED BY A TRANSIT -ORIENTED COMMUNITY16
1313+PURSUANT TO SUBSECTION (8)(a) OF THIS SECTION AND PROVIDE WRITTEN17
1314+NOTICE THAT EITHER:18
14341315 (I) A
1435-PPROVES THE REPORT AND AFFIRMS THAT THE
1436-TRANSIT
1437--ORIENTED COMMUNITY HAS SATISFIED THE RELEVANT
1438-REQUIREMENTS OF THIS SECTION AND IS THEREFORE CONSIDERED A
1439-CERTIFIED TRANSIT
1440--ORIENTED COMMUNITY; OR
1441-(II) PROVIDES DIRECTION FOR AMENDING AND RESUBMITTING THE
1442-REPORT AND REQUIRES THAT THE TRANSIT
1443--ORIENTED COMMUNITY RESUBMIT
1444-THE REPORT WITHIN NINETY DAYS OF RECEIVING THE WRITTEN NOTICE
1445-.
1446-(c) I
1447-F THE DEPARTMENT HAS NOT APPROVED A TRANSIT -ORIENTED
1448-COMMUNITY
1449-'S HOUSING OPPORTUNITY GOAL REPORT ON OR BEFORE
1450-DECEMBER 31, 2027, THE DEPARTMENT SHALL PROVIDE THE
1451-TRANSIT
1452--ORIENTED COMMUNITY WRITTEN NOTICE THAT THE
1453-TRANSIT
1454--ORIENTED COMMUNITY IS IN NON-COMPLIANCE WITH THIS PART 2
1455-AND IS NOT A CERTIFIED TRANSIT-ORIENTED COMMUNITY .
1316+PPROVES THE REPORT AND AFFIRMS THAT THE19
1317+TRANSIT-ORIENTED COMMUNITY HAS SATISFIED THE RELEVANT20
1318+REQUIREMENTS OF THIS SECTION AND IS THEREFORE CONSIDERED A21
1319+CERTIFIED
1320+ TRANSIT-ORIENTED COMMUNITY ; OR22
1321+(II) P
1322+ROVIDES DIRECTION FOR AMENDING AND RESUBMITTING THE23
1323+REPORT AND REQUIRES THAT THE TRANSIT -ORIENTED COMMUNITY24
1324+RESUBMIT THE REPORT WITHIN NIN ETY DAYS OF RECEIVING THE WRITTEN25
1325+NOTICE.26
1326+
1327+27
1328+1313
1329+-36- (c) IF THE DEPARTMENT HAS NOT APPROVED A TRANSIT -ORIENTED1
1330+COMMUNITY'S HOUSING OPPORTUNITY GOAL REPORT ON OR BEFORE2
1331+D
1332+ECEMBER 31, 2027, THE DEPARTMENT SHALL PROVIDE THE
1333+3
1334+TRANSIT-ORIENTED COMMUNITY WRITTEN NOTICE THAT THE4
1335+TRANSIT-ORIENTED COMMUNITY IS IN NON-COMPLIANCE WITH THIS PART5
1336+ 2 AND IS NOT A CERTIFIED TRANSIT-ORIENTED COMMUNITY .6
14561337 (d) (I) T
14571338 HE DEPARTMENT SHALL IDENTIFY CERTIFIED
1458-TRANSIT
1459--ORIENTED COMMUNITIES FOR THE PURPOSE OF ESTABLISHING
1460-ELIGIBILITY FOR STATE GRANT AND INCENTIVE PROGRAMS
1461-.
1339+7
1340+TRANSIT-ORIENTED COMMUNITIES FOR THE PURPOSE OF ESTABLISHING8
1341+ELIGIBILITY FOR STATE GRANT AND INCENTIVE PROGRAMS .9
14621342 (II) P
1463-URSUANT TO SECTION 29-37-210 (6), A CERTIFIED
1464-TRANSIT
1465--ORIENTED COMMUNITY IS ELIGIBLE FOR THE AWARD OF A
1466-TRANSIT
1467--ORIENTED COMMUNITIES INFRASTRUCTURE GRANT PROGRAM
1468-GRANT
1469-.
1470-PAGE 27-HOUSE BILL 24-1313 (III) THE DEPARTMENT SHALL IDENTIFY CERTIFIED
1471-TRANSIT
1472--ORIENTED COMMUNITIES , INCLUDING COMPLIANCE WITH THE
1473-REQUIREMENTS FOR AFFORDABILITY STRATEGIES IN SUBSECTION
1343+URSUANT TO SECTION 29-35-210 (6), A CERTIFIED
1344+10
1345+TRANSIT-ORIENTED COMMUNITY IS ELIGIBLE FOR THE AWARD OF A11
1346+TRANSIT-ORIENTED COMMUNITIES INFRASTRUCTURE GRANT PROGRAM12
1347+GRANT.13
1348+(III) T
1349+HE DEPARTMENT SHALL IDENTIFY CERTIFIED
1350+14
1351+TRANSIT-ORIENTED COMMUNITIES , INCLUDING COMPLIANCE WITH THE15
1352+REQUIREMENTS FOR AFFORDABILITY STRATEGIES IN SUBSECTION16
14741353 (8)(a)(IV)
1475-OF THIS SECTION AND DISPLACEMENT MITIGATION STRATEGIES IN
1476-SUBSECTION
1477- (8)(a)(V) OF THIS SECTION, FOR THE PURPOSES OF
1478-ESTABLISHING ELIGIBILITY FOR THE
1479-COLORADO AFFORDABLE HOUSING IN
1480-TRANSIT
1481--ORIENTED COMMUNITIES INCOME TAX CREDIT IN PART 54 OF
1482-ARTICLE
1483-22 OF TITLE 39.
1484-(9) Status report. (a) E
1485-VERY THREE YEARS AFTER SUBMITTING A
1486-HOUSING OPPORTUNITY GOAL REPORT PURSUANT TO SUBSECTION
1487- (8)(a) OF
1488-THIS SECTION
1489-, A TRANSIT-ORIENTED COMMUNITY SHALL SUBMIT A STATUS
1490-REPORT TO THE DEPARTMENT IN A FORM AND MANNER DETERMINED BY THE
1491-DEPARTMENT THAT CONFIRMS THAT THE TRANSIT
1492--ORIENTED COMMUNITY IS
1493-STILL A CERTIFIED TRANSIT
1494--ORIENTED COMMUNITY .
1495-(b) T
1496-HE DEPARTMENT SHALL REVIEW A STATUS REPORT SUBMITTED
1497-BY A TRANSIT
1498--ORIENTED COMMUNITY PURSUANT TO SUBSECTION (9)(a) OF
1499-THIS SECTION AND PROVIDE WRITTEN NOTICE THAT EITHER
1500-:
1354+OF THIS SECTION AND DISPLACEMENT MITIGATION STRATEGIES
1355+17
1356+IN SUBSECTION (8)(a)(V) OF THIS SECTION, FOR THE PURPOSES OF18
1357+ESTABLISHING ELIGIBILITY FOR THE COLORADO AFFORDABLE HOUSING IN19
1358+TRANSIT-ORIENTED COMMUNITIES INCOME TAX CREDIT IN PART 54 OF20
1359+ARTICLE 22 OF TITLE 39.21
1360+(9) Status report. (a) E VERY THREE YEARS AFTER SUBMITTING A22
1361+HOUSING OPPORTUNITY GOAL REPORT PURSUANT TO SUBSECTION (8)(a) OF23
1362+THIS SECTION, A TRANSIT-ORIENTED COMMUNITY SHALL SUBMIT A STATUS24
1363+REPORT TO THE DEPARTMENT IN A FORM AND MANNER DETERMINED BY25
1364+THE DEPARTMENT THAT CONFIRMS THAT THE TRANSIT -ORIENTED26
1365+COMMUNITY IS STILL A CERTIFIED TRANSIT-ORIENTED COMMUNITY .27
1366+1313
1367+-37- (b) THE DEPARTMENT SHALL REVIEW A STATUS REPORT1
1368+SUBMITTED BY A TRANSIT -ORIENTED COMMUNITY PURSUANT TO2
1369+SUBSECTION (9)(a) OF THIS SECTION AND PROVIDE WRITTEN NOTICE THAT3
1370+EITHER:4
15011371 (I) A
1502-PPROVES THE REPORT AND AFFIRMS THAT THE
1503-TRANSIT
1504--ORIENTED COMMUNITY HAS SATISFIED THE RELEVANT
1505-REQUIREMENTS OF THIS SECTION AND IS THEREFORE CONSIDERED A
1506-CERTIFIED TRANSIT
1507--ORIENTED COMMUNITY; OR
1508-(II) PROVIDES DIRECTION FOR AMENDING AND RESUBMITTING THE
1509-REPORT AND REQUIRES THAT THE TRANSIT
1510--ORIENTED COMMUNITY RESUBMIT
1511-THE REPORT WITHIN NINETY DAYS OF RECEIVING THE WRITTEN NOTICE
1512-.
1372+PPROVES THE REPORT AND AFFIRMS THAT THE5
1373+TRANSIT-ORIENTED COMMUNITY HAS SATISFIED THE RELEVANT6
1374+REQUIREMENTS OF THIS SECTION AND IS THEREFORE CONSIDERED A7
1375+CERTIFIED
1376+ TRANSIT-ORIENTED COMMUNITY ; OR8
1377+(II) P
1378+ROVIDES DIRECTION FOR AMENDING AND RESUBMITTING THE9
1379+REPORT AND REQUIRES THAT THE TRANSIT -ORIENTED COMMUNITY10
1380+RESUBMIT THE REPORT WITHIN NIN ETY DAYS OF RECEIVING THE WRITTEN11
1381+NOTICE.12
15131382 (c) (I) I
1514-F A TRANSIT-ORIENTED COMMUNITY FAILS TO SUBMIT A
1515-STATUS REPORT TO THE DEPARTMENT PURSUANT TO SUBSECTION
1516- (9)(a) OF
1517-THIS SECTION OR FAILS TO SUBMIT AN AMENDED STATUS REPORT PURSUANT
1518-TO SUBSECTION
1519- (9)(b)(II) OF THIS SECTION, THE DEPARTMENT SHALL
1520-PROVIDE THE TRANSIT
1521--ORIENTED COMMUNITY WRITTEN NOTICE STATING
1522-THAT THE TRANSIT
1523--ORIENTED COMMUNITY WILL NOT BE DEEMED A
1524-CERTIFIED TRANSIT
1525--ORIENTED COMMUNITY.
1526-29-37-205. Criteria for qualification as a transit center - criteria
1527-for qualification as a transit center outside of a transit area. (1) T
1528-O
1529-DESIGNATE AN AREA AS A TRANSIT CENTER
1530-, A TRANSIT-ORIENTED
1531-PAGE 28-HOUSE BILL 24-1313 COMMUNITY SHALL:
1383+F A TRANSIT-ORIENTED COMMUNITY FAILS TO SUBMIT A13
1384+STATUS
1385+ REPORT TO THE DEPARTMENT PURSUANT TO SUBSECTION (9)(a) OF14
1386+THIS SECTION OR FAILS TO SUBMIT AN AMENDED STATUS REPORT15
1387+PURSUANT TO SUBSECTION (9)(b)(II) OF THIS SECTION, THE DEPARTMENT16
1388+SHALL PROVIDE THE TRANSIT-ORIENTED COMMUNITY WRITTEN NOTICE17
1389+STATING THAT THE TRANSIT-ORIENTED COMMUNITY WILL NOT BE DEEMED18
1390+A CERTIFIED TRANSIT-ORIENTED COMMUNITY .19
1391+29-35-205. Criteria for qualification as a transit center -20
1392+criteria for qualification as a transit center outside of a transit area.21
1393+(1) T
1394+O DESIGNATE AN AREA AS A TRANSIT CENTER , A TRANSIT-ORIENTED22
1395+COMMUNITY SHALL:23
15321396 (a) E
1533-NSURE THAT THE AREA IS COMPOSED SOLELY OF ZONING
1534-DISTRICTS THAT UNIFORMLY ALLOW A NET HOUSING DENSITY OF AT LEAST
1535-FIFTEEN UNITS PER ACRE WITH NO PARCEL OR ZONING DISTRICT BEING
1536-COUNTED AS ALLOWING A NET HOUSING DENSITY OF MORE THAN FIVE
1537-HUNDRED UNITS PER ACRE
1538-;
1539-(b) (I) I
1540-DENTIFY A NET HOUSING DENSITY ALLOWED FOR THE AREA
1541-OR FOR SUBDISTRICTS WITHIN THE AREA
1542-. AS PART OF THE GUIDANCE THE
1543-DEPARTMENT DEVELOPS PURSUANT TO SECTION
1544-29-37-207 (7), THE
1545-DEPARTMENT SHALL PROVIDE LOCAL GOVERNMENTS WITH SIMPLE AND
1546-EFFECTIVE METHODS OF CALCULATING NET HOUSING DENSITY
1547-. THE
1548-IDENTIFIED NET HOUSING DENSITY MUST
1549-:
1550-(A) R
1551-EFLECT ANY SIGNIFICANT DIMENSIONAL OR OTHER
1552-RESTRICTIONS IN LOCAL LAWS USED TO REGULATE DENSITY IN THE AREA
1553-,
1554-INCLUDING BUT NOT LIMITED TO RESTRICTIONS RELATED TO UNITS PER ACRE ,
1555-LOT AREA PER UNIT , LOT COVERAGE , SITE LEVEL OPEN SPACE
1556-REQUIREMENTS
1557-, FLOOR AREA RATIOS , SETBACKS, MINIMUM PARKING
1558-REQUIREMENTS
1559-, AND MAXIMUM HEIGHT . WHERE A DIMENSIONAL
1560-RESTRICTION HAS MULTIPLE POTENTIAL OUTCOMES WITHIN THE SAME
1561-ZONING DISTRICT OR WITHIN RELATED ZONING DISTRICTS
1562-, THE AVERAGE
1563-OUTCOME OF THE DIMENSIONAL RESTRICTION MAY BE UTILIZED BY THE
1564-TRANSIT
1565--ORIENTED COMMUNITY TO MEASURE NET HOUSING DENSITY .
1566-(B) A
1567-SSUME MINIMUM PARKING REQUIREMENTS ARE MET WITH
1568-SURFACE PARKING
1569-; EXCEPT THAT THREE-FOURTHS OF A PARKING SPACE PER
1570-DWELLING UNIT MAY BE COUNTED AS STRUCTURED PARKING WITHIN THE
1571-BUILDING FOOTPRINT
1572-;
1573-(C) A
1574-SSUME AN AVERAGE HOUSING UNIT SIZE , AS DETERMINED
1575-BASED ON EITHER THE TYPICAL SIZE OF A MULTIFAMILY HOUSING UNIT THAT
1576-WAS RECENTLY BUILT IN
1577-COLORADO AS ESTABLISHED IN THE CENSUS 'S
1578-AMERICAN HOUSING SURVEY OR THE TYPICAL SIZE OF A MULTIFAMILY
1579-HOUSING UNIT IN THE TRANSIT
1580--ORIENTED COMMUNITY ACCORDING TO LOCAL
1581-DATA
1582-;
1583-(II) N
1584-OTHING IN THIS SUBSECTION (1)(b) REQUIRES A LOCAL
1585-GOVERNMENT TO INCLUDE AREAS OF INDIVIDUAL PARCELS REQUIRED FOR
1586-PAGE 29-HOUSE BILL 24-1313 STORMWATER DRAINAGE OR UTILITY EASEMENTS IN CALCULATING NET
1587-HOUSING DENSITY
1588-; AND
1589-(III) IF A PARCEL'S EXISTING RESIDENTIAL USES HAVE A HIGHER NET
1590-HOUSING DENSITY THAN THE NET HOUSING DENSITY ALLOWED FOR THE
1591-PARCEL BY CURRENT RESTRICTIONS IN LOCAL LAW
1592-, THE NET HOUSING
1593-DENSITY OF THE EXISTING RESIDENTIAL USE MAY BE COUNTED
1594-;
1397+NSURE THAT THE AREA IS COMPOSED SOLELY OF ZONING24
1398+DISTRICTS THAT UNIFORMLY ALLOW A NET HOUSING DENSITY OF AT LEAST25
1399+FIFTEEN UNITS PER ACRE WITH NO PARCEL OR ZONING DISTRICT BEING26
1400+COUNTED AS ALLOWING A NET HOUSING DENSITY OF MORE THAN
1401+FIVE27
1402+1313
1403+-38- HUNDRED UNITS PER ACRE;1
1404+(b) (I) IDENTIFY A NET HOUSING DENSITY ALLOWED FOR THE AREA2
1405+OR FOR SUBDISTRICTS WITHIN THE AREA. AS PART OF THE GUIDANCE THE3
1406+DEPARTMENT DEVELOPS PURSUANT TO SECTION 29-35-207 (7), THE4
1407+DEPARTMENT SHALL PROVIDE LOCAL GOVERNMENTS WITH SIMPLE AND5
1408+EFFECTIVE METHODS OF CALCULATING NET HOUSING DENSITY . THE6
1409+IDENTIFIED NET HOUSING DENSITY MUST :7
1410+(A) REFLECT ANY SIGNIFICANT DIMENSIONAL OR OTHER8
1411+RESTRICTIONS IN LOCAL LAWS USED TO REGULATE DENSITY IN THE AREA ,9
1412+INCLUDING BUT NOT LIMITED TO RESTRICTIONS RELATED TO UNITS PER10
1413+ACRE, LOT AREA PER UNIT, LOT COVERAGE, SITE LEVEL OPEN SPACE11
1414+REQUIREMENTS, FLOOR AREA RATIOS, SETBACKS, MINIMUM PARKING12
1415+REQUIREMENTS, AND MAXIMUM HEIGHT . WHERE A DIMENSIONAL13
1416+RESTRICTION HAS MULTIPLE POTENTIAL OUTCOMES WITHIN THE SAME14
1417+ZONING DISTRICT OR WITHIN RELATED ZONING DISTRICTS , THE AVERAGE15
1418+OUTCOME OF THE DIMENSIONAL RESTRICTION MAY BE UTILIZED BY THE16
1419+TRANSIT-ORIENTED COMMUNITY TO MEASURE NET HOUSING DENSITY .17
1420+(B) ASSUME MINIMUM PARKING REQUIREMENTS ARE MET WITH18
1421+SURFACE PARKING; EXCEPT THAT THREE-FOURTHS OF A PARKING SPACE19
1422+PER DWELLING UNIT MAY BE COUNTED AS STRUCTURED PARKING WITHIN20
1423+THE BUILDING FOOTPRINT; 21
1424+(C) ASSUME AN AVERAGE HOUSING UNIT SIZE, AS DETERMINED22
1425+BASED ON EITHER THE TYPICAL SIZE OF A MULTIFAMILY HOUSING UNIT23
1426+THAT WAS RECENTLY BUILT IN COLORADO AS ESTABLISHED IN THE24
1427+CENSUS'S AMERICAN HOUSING SURVEY OR THE TYPICAL SIZE OF A25
1428+MULTIFAMILY HOUSING UNIT IN THE TRANSIT-ORIENTED COMMUNITY26
1429+ACCORDING TO LOCAL DATA ; 27
1430+1313
1431+-39- (II) NOTHING IN THIS SUBSECTION (1)(b) REQUIRES A LOCAL1
1432+GOVERNMENT TO INCLUDE AREAS OF INDIVIDUAL PARCELS REQUIRED FOR2
1433+STORMWATER DRAINAGE OR UTILITY EASEMENTS IN CALCULATING NET3
1434+HOUSING DENSITY; AND4
1435+(III) I
1436+F A PARCEL'S EXISTING RESIDENTIAL USES HAVE A HIGHER
1437+5
1438+NET HOUSING DENSITY THAN THE NET HOUSING DENSITY ALLOWED FOR6
1439+THE PARCEL BY CURRENT RESTRICTIONS IN LOCAL LAW , THE NET HOUSING7
1440+DENSITY OF THE EXISTING RESIDENTIAL USE MAY BE COUNTED ;8
15951441 (c) E
1596-XCLUDE ANY AREA WHERE LOCAL LAW EXCLUSIVELY RESTRICTS
1597-HOUSING OCCUPANCY BASED ON AGE OR OTHER FACTORS
1598-;
1442+XCLUDE ANY AREA WHERE LOCAL LAW EXCLUSIVELY9
1443+RESTRICTS HOUSING OCCUPANCY BASED ON AGE OR OTHER FACTORS ;10
15991444 (d) E
1600-STABLISH AN ADMINISTRATIVE APPROVAL PROCESS FOR
1601-MULTIFAMILY RESIDENTIAL DEVELOPMENT ON PARCELS IN THE AREA THAT
1602-ARE NO MORE THAN FIVE ACRES IN SIZE
1603-. FOR MULTIFAMILY RESIDENTIAL
1604-DEVELOPMENT APPLICATIONS ON PARCELS GREATER THAN FIVE ACRES IN
1605-SIZE
1606-, A TRANSIT-ORIENTED COMMUNITY SHALL IDENTIFY A TARGET NET
1607-HOUSING DENSITY FOR THE PARCELS TO COUNT THE PARCELS AS PART OF THE
1608-TRANSIT CENTER THAT COVERS THE AREA
1609-. THIS SUBSECTION (1)(d) DOES
1610-NOT PREVENT THE ESTABLISHMENT OF DEVELOPER AGREEMENTS BETWEEN
1611-THE LOCAL GOVERNMENT AND DEVELOPERS
1612-.
1445+STABLISH AN ADMINISTRATIVE APPROVAL PROCESS FOR11
1446+MULTIFAMILY RESIDENTIAL DEVELOPMENT ON PARCELS IN THE AREA THAT12
1447+ARE NO MORE THAN FIVE ACRES IN SIZE. FOR MULTIFAMILY RESIDENTIAL13
1448+DEVELOPMENT APPLICATIONS ON PARCELS GREATER THAN FIVE ACRES IN14
1449+SIZE, A TRANSIT-ORIENTED COMMUNITY SHALL IDENTIFY A TARGET NET15
1450+HOUSING DENSITY FOR THE PARCELS TO COUNT THE PARCELS AS PART OF16
1451+THE TRANSIT CENTER THAT COVERS THE AREA . THIS SUBSECTION (1)(d)17
1452+DOES NOT PREVENT THE ESTABLISHMENT OF DEVELOPER AGREEMENTS18
1453+BETWEEN THE LOCAL GOVERNMENT AND DEVELOPERS .19
16131454 (e) E
16141455 NSURE THAT THE AREA OF A TRANSIT CENTER IS COMPOSED OF
1615-PARCELS THAT ARE LOCATED WHOLLY OR PARTIALLY WITHIN EITHER
1616-:
1456+20
1457+PARCELS THAT ARE LOCATED WHOLLY OR PARTIALLY WITHIN EITHER :21
16171458 (I) A
16181459 TRANSIT AREA OR OPTIONAL TRANSIT AREA ; OR
1619-(II) ONE-QUARTER MILE FROM THE BOUNDARY OF A TRANSIT AREA
1620-OR OPTIONAL TRANSIT AREA
1621-.
1622-(2) (a) N
1623-OTWITHSTANDING SUBSECTION (1)(e) OF THIS SECTION, A
1624-TRANSIT
1625--ORIENTED COMMUNITY MAY ONLY DESIGNATE AN AREA AS A
1626-TRANSIT CENTER WITHIN AN OPTIONAL TRANSIT AREA AS DESCRIBED IN
1627-SECTION
1628-29-37-207 (4), IF THE TRANSIT-ORIENTED COMMUNITY HAS
1629-PROVIDED REASONABLE EVIDENCE IN THE HOUSING OPPORTUNITY GOAL
1630-REPORT SUBMITTED PURSUANT TO SECTION
1631-29-37-204 (8) THAT:
1460+22
1461+(II) O
1462+NE-QUARTER MILE FROM THE BOUNDARY OF A TRANSIT AREA
1463+23
1464+OR OPTIONAL TRANSIT AREA.24
1465+(2) (a) NOTWITHSTANDING SUBSECTION (1)(e) OF THIS SECTION, A25
1466+TRANSIT-ORIENTED COMMUNITY MAY ONLY DESIGNATE AN AREA AS A26
1467+TRANSIT CENTER WITHIN AN OPTIONAL TRANSIT AREA AS DESCRIBED IN27
1468+1313
1469+-40- SECTION 29-35-207 (4), IF THE TRANSIT-ORIENTED COMMUNITY HAS1
1470+PROVIDED REASONABLE EVIDENCE IN THE HOUSING OPPORTUNITY GOAL2
1471+REPORT SUBMITTED PURSUANT TO SECTION 29-35-204 (8) THAT:3
16321472 (I) T
1633-O THE MAXIMUM EXTENT FEASIBLE , AN AVERAGE NET HOUSING
1634-DENSITY OF AT LEAST FORTY DWELLING UNITS PER ACRE IS ALLOWED ON ALL
1635-PARCELS WITHIN THE TRANSIT AREA THAT ARE BOTH ONE
1636--HALF ACRE OR
1637-MORE IN SIZE AND NOT EXEMPT PARCELS
1638-; AND
1639-PAGE 30-HOUSE BILL 24-1313 (II) AREAS WITHIN THE OPTIONAL TRANSIT AREA HAVE FEWER
1640-BARRIERS TO HOUSING DEVELOPMENT THAN AREAS WITHIN THE TRANSIT
1641-AREA
1642-.
1473+O THE MAXIMUM EXTENT FEASIBLE , AN AVERAGE NET
1474+4
1475+HOUSING DENSITY OF AT LEAST FORTY DWELLING UNITS PER ACRE IS5
1476+ALLOWED ON ALL PARCELS WITHIN THE TRANSIT AREA THAT ARE BOTH6
1477+ONE-HALF ACRE OR MORE IN SIZE AND NOT EXEMPT PARCELS ; AND7
1478+(II) A
1479+REAS WITHIN THE OPTIONAL TRANSIT AREA HAVE FEWER
1480+8
1481+BARRIERS TO HOUSING DEVELOPMENT THAN AREAS WITHIN THE TRANSIT9
1482+AREA.10
16431483 (b) F
16441484 OR PURPOSES OF SUBSECTION (2)(a)(II) OF THIS SECTION,
1645-BARRIERS TO HOUSING DEVELOPMENT MAY INCLUDE :
1485+11
1486+BARRIERS TO HOUSING DEVELOPMENT MAY INCLUDE :12
16461487 (I) A
16471488 N ANTICIPATED LACK OF WATER SUPPLY, AFTER ACCOUNTING
1648-FOR A REASONABLE ZONING CAPACITY BUFFER
1649-;
1489+13
1490+FOR A REASONABLE ZONING CAPACITY BUFFER ;14
16501491 (II) A
1651-N ANTICIPATED LACK OF SUFFICIENT FUTURE INFRASTRUCTURE
1652-CAPACITY
1653-, INCLUDING WATER TREATMENT PLANTS , WASTEWATER
1654-TREATMENT PLANTS
1655-, OR ELECTRICAL POWER NETWORKS IN THE AREA , AFTER
1656-ACCOUNTING FOR A REASONABLE ZONING CAPACITY BUFFER
1657-;
1492+N ANTICIPATED LACK OF SUFFICIENT FUTURE
1493+15
1494+INFRASTRUCTURE CAPACITY , INCLUDING WATER TREATMENT PLANTS ,16
1495+WASTEWATER TREATMENT PLANTS , OR ELECTRICAL POWER NETWORKS IN17
1496+THE AREA, AFTER ACCOUNTING FOR A REASONABLE ZONING CAPACITY18
1497+BUFFER;19
16581498 (III) U
1659-NIQUE SITE CHARACTERISTICS WHICH CONTRIBUTE TO A HIGH
1660-COST OF HOUSING DEVELOPMENT
1661-; OR
1662-(IV) SITES THAT ARE INFEASIBLE FOR HOUSING DEVELOPMENT .
1663-29-37-206. Criteria for qualification as a neighborhood center.
1499+NIQUE SITE CHARACTERISTICS WHICH CONTRIBUTE TO A
1500+20
1501+HIGH COST OF HOUSING DEVELOPMENT ; OR21
1502+(IV) S
1503+ITES THAT ARE INFEASIBLE FOR HOUSING DEVELOPMENT .
1504+22
1505+29-35-206. Criteria for qualification as a neighborhood center.23
16641506 (1) (a) T
1665-O DESIGNATE AN AREA AS A NEIGHBORHOOD CENTER , A LOCAL
1666-GOVERNMENT SHALL
1667-, IN ACCORDANCE WITH POLICIES AND PROCEDURES
1668-ADOPTED BY THE DEPARTMENT THAT MAY INCLUDE DIFFERENT CRITERIA FOR
1669-VARYING REGIONAL AND LOCAL CONTEXTS
1670-, IDENTIFY AREAS THAT MEET THE
1671-FOLLOWING CRITERIA
1672-:
1507+O DESIGNATE AN AREA AS A NEIGHBORHOOD CENTER , A LOCAL24
1508+GOVERNMENT
1509+ SHALL, IN ACCORDANCE WITH POLICIES AND25
1510+PROCEDURES ADOPTED BY THE DEPARTMENT THAT MAY INCLUDE26
1511+DIFFERENT CRITERIA FOR VARYING REGIONAL AND LOCAL CONTEXTS ,27
1512+1313
1513+-41- IDENTIFY AREAS THAT MEET THE FOLLOWING CRITERIA :1
16731514 (I) A
1674-LLOW A NET HOUSING DENSITY THAT SUPPORTS MIXED -USE
1675-PEDESTRIAN
1676--ORIENTED NEIGHBORHOODS, THE DEVELOPMENT OF REGULATED
1677-AFFORDABLE HOUSING
1678-, AND INCREASED PUBLIC TRANSIT RIDERSHIP;
1515+LLOW A NET HOUSING DENSITY THAT SUPPORTS
1516+ MIXED-USE2
1517+PEDESTRIAN-ORIENTED NEIGHBORHOODS , THE DEVELOPMENT OF3
1518+REGULATED AFFORDABLE HOUSING , AND INCREASED PUBLIC TRANSIT4
1519+RIDERSHIP;5
16791520 (II) W
16801521 ITHIN CENSUS URBANIZED AREAS, AS DEFINED IN THE LATEST
1681-FEDERAL DECENNIAL CENSUS
1682-, ESTABLISH AN ADMINISTRATIVE APPROVAL
1683-PROCESS FOR MULTIFAMILY RESIDENTIAL DEVELOPMENT ON PARCELS IN THE
1684-AREA THAT ARE NO LARGER THAN A SIZE DETERMINED BY THE DEPARTMENT
1685-;
1522+6
1523+FEDERAL DECENNIAL CENSUS, ESTABLISH AN ADMINISTRATIVE APPROVAL7
1524+PROCESS FOR MULTIFAMILY RESIDENTIAL DEVELOPMENT ON PARCELS IN8
1525+THE AREA THAT ARE NO LARGER THAN A SIZE DETERMINED BY THE9
1526+DEPARTMENT;10
16861527 (III) E
1687-NSURE THAT THE AREA HAS A MIXED -USE
1688-PEDESTRIAN
1689--ORIENTED NEIGHBORHOOD , AS DETERMINED BY CRITERIA
1690-ESTABLISHED BY THE DEPARTMENT
1691-; AND
1692-PAGE 31-HOUSE BILL 24-1313 (IV) SATISFY ANY OTHER CRITERIA , AS DETERMINED BY THE
1693-DEPARTMENT
1694-, AND AS MAY VARY BY REGIONAL CONTEXT , FOR THE
1695-QUALIFICATION OF AN AREA AS A NEIGHBORHOOD CENTER
1696-.
1528+NSURE THAT THE AREA HAS A MIXED -USE11
1529+PEDESTRIAN-ORIENTED NEIGHBORHOOD , AS DETERMINED BY CRITERIA12
1530+ESTABLISHED BY THE DEPARTMENT ; AND13
1531+(IV) S
1532+ATISFY ANY OTHER CRITERIA , AS DETERMINED BY THE14
1533+DEPARTMENT, AND AS MAY VARY BY REGIONAL CONTEXT , FOR THE15
1534+QUALIFICATION OF AN AREA AS A NEIGHBORHOOD CENTER .16
16971535 (b) N
1698-OTWITHSTANDING THE REQUIREMENTS FOR A LOCAL
1699-GOVERNMENT DESIGNATING AN AREA AS A NEIGHBORHOOD CENTER
1700-PURSUANT TO SUBSECTION
1701- (1)(a) OF THIS SECTION, THE DEPARTMENT SHALL
1702-ESTABLISH SEPARATE REQUIREMENTS FOR LOCAL GOVERNMENTS
1703-DESIGNATING AREAS WITHIN POTENTIAL TRANSIT AREAS IDENTIFIED BY THE
1704-DEPARTMENT OF TRANSPORTATION PURSUANT TO SECTION
1705- 29-37-207 (5).
1536+OTWITHSTANDING THE REQUIREMENTS FOR A LOCAL17
1537+GOVERNMENT DESIGNATING AN AREA AS A NEIGHBORHOOD CENTER18
1538+PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION, THE DEPARTMENT19
1539+SHALL ESTABLISH SEPARATE REQUIREMENTS FOR LOCAL GOVERNMENTS20
1540+DESIGNATING AREAS WITHIN POTENTIAL
1541+ TRANSIT AREAS IDENTIFIED BY21
1542+THE DEPARTMENT OF TRANSPORTATION PURSUANT TO SECTION 29-35-20722
1543+(5).23
17061544 (2) I
1707-F A LOCAL GOVERNMENT DESIGNATES AN AREA AS A
1708-NEIGHBORHOOD CENTER PURSUANT TO SUBSECTION
1709-(1) OF THIS SECTION,
1710-THE LOCAL GOVERNMENT SHALL SUBMIT A NEIGHBORHOOD CENTER REPORT
1711-TO THE DEPARTMENT IN A FORM AND MANNER DETERMINED BY THE
1712-DEPARTMENT
1713-.
1714-29-37-207. Transit areas map - transit station area criteria -
1715-transit corridor area criteria - housing opportunity goals, models, and
1716-guidance. (1) Transit areas map. (a) O
1717-N OR BEFORE SEPTEMBER 30, 2024,
1718-THE DEPARTMENT, IN CONSULTATION WITH METROPOLITAN PLANNING
1719-ORGANIZATIONS
1720-, AND TRANSIT AGENCIES THAT OPERATE WITHIN
1721-METROPOLITAN PLANNING ORGANIZATIONS
1722-, SHALL PUBLISH A TRANSIT AREA
1723-MAP
1724-, OR TRANSIT AREA MAPS, BASED ON THE CRITERIA IN SUBSECTIONS (2),
1725-(3),
1726- (4), (5) AND (6), OF THIS SECTION. ONLY TRANSIT AREAS THAT ARE
1727-IDENTIFIED PURSUANT TO SUBSECTIONS
1728-(2) AND (3) OF THIS SECTION AND
1729-IDENTIFIED ON A TRANSIT AREA MAP PURSUANT TO THIS SUBSECTION
1730-(1)
1731-MUST BE INCLUDED IN THE CALCULATION OF A HOUSING OPPORTUNITY GOAL
1732-PURSUANT TO SECTION
1733-29-37-204 (2).
1545+F A LOCAL GOVERNMENT DESIGNATES AN AREA AS A24
1546+NEIGHBORHOOD CENTER PURSUANT TO SUBSECTION (1) OF THIS SECTION,25
1547+THE LOCAL GOVERNMENT SHALL SUBMIT A NEIGHBORHOOD CENTER26
1548+REPORT TO THE DEPARTMENT IN A FORM AND MANNER DETERMINED BY27
1549+1313
1550+-42- THE DEPARTMENT.1
1551+29-35-207. Transit areas map - transit station area criteria -2
1552+transit corridor area criteria - housing opportunity goals, models,3
1553+and guidance. (1) Transit areas map. (a) O
1554+N OR BEFORE SEPTEMBER
1555+4
1556+30,
1557+ 2024,
1558+ THE DEPARTMENT, IN CONSULTATION WITH METROPOLITAN5
1559+PLANNING ORGANIZATIONS , AND TRANSIT AGENCIES THAT OPERATE6
1560+WITHIN METROPOLITAN PLANNING ORGANIZATIONS , SHALL PUBLISH A 7
1561+ TRANSIT AREA MAP, OR TRANSIT AREA MAPS, BASED ON THE8
1562+CRITERIA IN SUBSECTIONS (2), (3), (4), (5) AND (6), OF THIS SECTION. ONLY9
1563+TRANSIT AREAS THAT ARE IDENTIFIED PURSUANT TO SUBSECTIONS (2) AND10
1564+(3)
1565+ OF THIS SECTION AND IDENTIFIED ON A TRANSIT AREA MAP PURSUANT
1566+11
1567+TO THIS SUBSECTION (1) MUST BE INCLUDED IN THE CALCULATION OF A12
1568+HOUSING OPPORTUNITY GOAL PURSUANT TO SECTION 29-35-204 (2).13
17341569 (b) I
1735-N PUBLISHING THE MAP DESCRIBED IN SUBSECTION (1)(a) OF THIS
1736-SECTION
1737-, THE DEPARTMENT SHALL ALSO PUBLISH A WALKSHED MAP THAT
1738-IDENTIFIES THE AREAS THAT ARE REACHABLE BY A PERSON WALKING A
1739-DISTANCE OF NOT MORE THAN ONE
1740--HALF MILE FROM A TRANSIT STATION
1741-WHERE PART OF THE TRANSIT STATION AREA BASED ON THAT TRANSIT
1742-STATION IS SEPARATED FROM ANY EXIT TO THE TRANSIT STATION BY A
1743-STATE
1744--OWNED LIMITED-ACCESS HIGHWAY OR RAILROAD TRACK , USING
1745-SIMPLE AND EFFICIENT GEOSPATIAL ANALYSIS METHODS AND READILY
1746-AVAILABLE NETWORK DATA
1747-.
1748-PAGE 32-HOUSE BILL 24-1313 (2) Transit station criteria. T HE DEPARTMENT SHALL DESIGNATE
1749-TRANSIT STATION AREAS
1750-, FOR PURPOSES OF SUBSECTION (1) OF THIS
1751-SECTION
1752-, BASED ON ROUTES IDENTIFIED IN AN APPLICABLE TRANSIT PLAN
1753-FOR EXISTING STATIONS FOR
1754-:
1570+N PUBLISHING THE MAP DESCRIBED IN SUBSECTION (1)(a) OF
1571+14
1572+THIS SECTION, THE DEPARTMENT SHALL ALSO PUBLISH A WALKSHED MAP15
1573+THAT IDENTIFIES THE AREAS THAT ARE REACHABLE BY A PERSON WALKING16
1574+A DISTANCE OF NOT MORE THAN ONE-HALF MILE FROM A TRANSIT STATION17
1575+WHERE PART OF THE TRANSIT STATION AREA BASED ON THAT TRANSIT18
1576+STATION IS SEPARATED FROM ANY EXIT TO THE TRANSIT STATION BY A19
1577+STATE-OWNED LIMITED-ACCESS HIGHWAY OR RAILROAD TRACK , USING20
1578+SIMPLE AND EFFICIENT GEOSPATIAL ANALYSIS METHODS AND READILY21
1579+AVAILABLE NETWORK DATA .22
1580+(2) Transit station criteria. T
1581+HE DEPARTMENT SHALL DESIGNATE
1582+23
1583+TRANSIT STATION AREAS, FOR PURPOSES OF SUBSECTION (1) OF THIS24
1584+SECTION, BASED ON ROUTES IDENTIFIED IN AN APPLICABLE TRANSIT PLAN25
1585+FOR EXISTING STATIONS FOR:26
17551586 (a) C
17561587 OMMUTER BUS RAPID TRANSIT ;
1757-(b) C
1758-OMMUTER RAIL; AND
1759-(c) LIGHT RAIL.
1588+27
1589+1313
1590+-43- (b) COMMUTER RAIL; AND1
1591+(c) L
1592+IGHT RAIL.
1593+2
17601594 (3) Transit corridor area criteria. (a) T
17611595 HE DEPARTMENT SHALL
1762-DESIGNATE TRANSIT CORRIDOR AREAS
1763-, FOR PURPOSES OF SUBSECTION (1) OF
1764-THIS SECTION
1765-, BY IDENTIFYING TRANSIT ROUTES THAT MEET ONE OR MORE
1766-OF THE FOLLOWING CRITERIA
1767-:
1596+3
1597+DESIGNATE TRANSIT CORRIDOR AREAS , FOR PURPOSES OF SUBSECTION (1)4
1598+OF THIS SECTION, BY IDENTIFYING TRANSIT ROUTES THAT MEET ONE OR5
1599+MORE OF THE FOLLOWING CRITERIA :6
17681600 (I) A
17691601 N URBAN BUS RAPID TRANSIT SERVICE THAT IS IDENTIFIED
1770-WITHIN
1771-:
1602+7
1603+WITHIN:8
17721604 (A) A
17731605 METROPOLITAN PLANNING OR GANIZATION 'S
1774-FISCALLY
1775--CONSTRAINED, LONG-RANGE TRANSPORTATION PLAN ADOPTED
1776-PRIOR TO
1777-JANUARY 1, 2024, AND PLANNED FOR IMPLEMENTATION ,
1778-ACCORDING TO THAT PLAN, PRIOR TO JANUARY 1, 2030; OR
1779-(B) AN APPLICABLE TRANSIT PLAN THAT HAS BEEN PLANNED FOR
1780-SHORT
1781--TERM IMPLEMENTATION, ACCORDING TO THAT PLAN;
1606+9
1607+FISCALLY-CONSTRAINED, LONG-RANGE TRANSPORTATION PLAN ADOPTED10
1608+PRIOR TO JANUARY 1, 2024, AND PLANNED FOR IMPLEMENTATION ,11
1609+ACCORDING TO THAT PLAN, PRIOR TO JANUARY 1, 2030; OR12
1610+(B) A
1611+N APPLICABLE TRANSIT PLAN THAT HAS BEEN PLANNED FOR
1612+13
1613+SHORT-TERM IMPLEMENTATION, ACCORDING TO THAT PLAN;14
17821614 (II) A
17831615 PUBLIC BUS ROUTE THAT:
1616+15
17841617 (A) H
17851618 AS A PLANNED FREQUENCY OR SCHEDULED FREQUENCY OF
1786-FIFTEEN MINUTES OR MORE FREQUENT FOR EIGHT HOURS OR MORE ON
1787-WEEKDAYS
1788-; AND
1789-(B) IS IDENTIFIED WITHIN AN APPLICABLE TRANSIT PLAN FOR
1790-SHORT
1791--TERM IMPLEMENTATION OR IMPLEMENTATION BEFORE JANUARY 1,
1619+16
1620+FIFTEEN MINUTES OR MORE FREQUENT FOR EIGHT HOURS OR MORE ON17
1621+WEEKDAYS; AND18
1622+(B) I
1623+S IDENTIFIED WITHIN AN APPLICABLE TRANSIT PLAN FOR
1624+19
1625+SHORT-TERM IMPLEMENTATION OR IMPLEMENTATION BEFORE JANUARY 1,20
17921626 2030,
17931627 ACCORDING TO THAT PLAN.
1628+21
17941629 (b) F
17951630 OR TRANSIT AGENCIES WITHIN METROPOLITAN PLANNING
1796-ORGANIZATIONS THAT DO NOT HAVE APPLICABLE TRANSIT PLANS
1797-, THE
1798-DEPARTMENT SHALL DESIGNATE TRANSIT CORRIDOR AREAS
1799-, FOR PURPOSES
1800-PAGE 33-HOUSE BILL 24-1313 OF SUBSECTION (1) OF THIS SECTION, BY IDENTIFYING ANY PUBLIC BUS
1801-ROUTES WITH EXISTING TRANSIT SERVICE LEVELS AS OF
1802-JANUARY 1, 2024,
1803-WITH A SCHEDULED FREQUENCY OF FIFTEEN MINUTES OR MORE FREQUENT
1804-FOR EIGHT HOURS OR MORE ON WEEKDAYS
1805-.
1631+22
1632+ORGANIZATIONS THAT DO NOT HAVE APPLICABLE TRANSIT PLANS , THE23
1633+DEPARTMENT SHALL DESIGNATE TRANSIT CORRIDOR AREAS , FOR PURPOSES24
1634+OF SUBSECTION (1) OF THIS SECTION, BY IDENTIFYING ANY PUBLIC BUS25
1635+ROUTES WITH EXISTING TRANSIT SERVICE LEVELS AS OF JANUARY 1, 2024,26
1636+WITH A SCHEDULED FREQUENCY OF FIFTEEN MINUTES OR MORE FREQUENT27
1637+1313
1638+-44- FOR EIGHT HOURS OR MORE ON WEEKDAYS .1
18061639 (c) N
18071640 OTWITHSTANDING SUBSECTION (3)(a) AND (3)(b) OF THIS
1808-SECTION
1809-, THE DEPARTMENT SHALL NOT DESIGNATE TRANSIT CORRIDOR
1810-AREAS
1811-, FOR PURPOSES OF SUBSECTION (1) OF THIS SECTION, WITHIN A
1812-TRANSIT
1813--ORIENTED COMMUNITY THAT HAS DESIGNATED TWENTY PERCENT
1814-OR MORE OF ITS AREA AS A MANUFACTURED HOME ZONING DISTRICT AS OF
1815-JANUARY 1, 2024.
1641+2
1642+SECTION, THE DEPARTMENT SHALL NOT DESIGNATE TRANSIT CORRIDOR3
1643+AREAS, FOR PURPOSES OF SUBSECTION (1) OF THIS SECTION, WITHIN A4
1644+TRANSIT-ORIENTED COMMUNITY THAT HAS DESIGNATED TWENTY PERCENT5
1645+OR MORE OF ITS AREA AS A MANUFACTURED HOME ZONING DISTRICT AS OF6
1646+J
1647+ANUARY 1, 2024.
1648+7
18161649 (4) Optional transit area criteria. (a) T
18171650 HE DEPARTMENT SHALL
1818-DESIGNATE OPTIONAL TRANSIT AREAS
1819-, FOR PURPOSES OF SUBSECTION (1) OF
1820-THIS SECTION
1821-, BASED ON THE FOLLOWING CRITERIA:
1651+8
1652+DESIGNATE OPTIONAL TRANSIT AREAS , FOR PURPOSES OF SUBSECTION (1)9
1653+OF THIS SECTION, BASED ON THE FOLLOWING CRITERIA:10
18221654 (I) A
18231655 BUS RAPID TRANSIT SERVICE THAT IS IDENTIFIED WITHIN A
1824-METROPOLITAN PLANNING ORGANIZATION
1825-'S FISCALLY-CONSTRAINED,
1826-LONG-RANGE TRANSPORTATION PLAN ADOPTED PRIOR TO JANUARY 1, 2024,
1827-AND INTENDED FOR IMPLEMENTATION AFTER JANUARY 1, 2030, AND BEFORE
1828-DECEMBER 31, 2050;
1656+11
1657+METROPOLITAN PLANNING ORGANIZATION 'S FISCALLY-CONSTRAINED,12
1658+LONG-RANGE TRANSPORTATION PLAN ADOPTED PRIOR TO JANUARY 1,13
1659+2024,
1660+ AND INTENDED FOR IMPLEMENTATION AFTER JANUARY 1, 2030, AND
1661+14
1662+BEFORE DECEMBER 31, 2050;15
18291663 (II) P
18301664 UBLIC BUS ROUTES OTHER THAN THOSE IDENTIFIED IN
1831-SUBSECTION
1832- (3)(a)(II)(B) OF THIS SECTION THAT OPERATE AT A PLANNED OR
1833-SCHEDULED FREQUENCY OF THIRTY MINUTES OR MORE FREQUENT DURING
1834-THE HIGHEST FREQUENCY SERVICE HOURS AS IDENTIFIED BY
1835-:
1665+16
1666+SUBSECTION (3)(a)(II)(B) OF THIS SECTION THAT OPERATE AT A PLANNED17
1667+OR SCHEDULED FREQUENCY OF THIRTY MINUTES OR MORE FREQUENT18
1668+DURING THE HIGHEST FREQUENCY SERVICE HOURS AS IDENTIFIED BY :19
18361669 (A) E
18371670 XISTING SERVICE AS OF JANUARY 1, 2024; OR
1838-(B) IDENTIFIED WITHIN AN APPLICABLE TRANSIT PLAN ; AND
1839-(III) OTHER AREAS PLANNED AS MIXED -USE PEDESTRIAN ORIENTED
1840-NEIGHBORHOODS
1841-.
1671+20
1672+(B) I
1673+DENTIFIED WITHIN AN APPLICABLE TRANSIT PLAN ; AND
1674+21
1675+(III) O
1676+THER AREAS PLANNED AS MIXED-USE PEDESTRIAN ORIENTED
1677+22
1678+NEIGHBORHOODS.23
18421679 (b) F
18431680 OR PURPOSES OF SUBSECTION (4)(a)(III) OF THIS SECTION, A
1844-TRANSIT ORIENTED COMMUNITY MAY REQUEST THAT THE DEPARTMENT
1845-DESIGNATE A MIXED
1846--USE PEDESTRIAN-ORIENTED NEIGHBORHOOD AS AN
1847-OPTIONAL TRANSIT AREA
1848-. THE DEPARTMENT SHALL REVIEW AND APPROVE
1849-OR REJECT SUCH A REQUEST BASED ON WHETHER THE MIXED
1850--USE
1851-PEDESTRIAN
1852--ORIENTED NEIGHBORHOOD FULFILLS THE GOALS OF THIS PART
1853-PAGE 34-HOUSE BILL 24-1313 2 ESTABLISHED IN SECTION 29-37-203 (2).
1681+24
1682+TRANSIT ORIENTED COMMUNITY MAY REQUEST THAT THE DEPARTMENT25
1683+DESIGNATE A MIXED-USE PEDESTRIAN-ORIENTED NEIGHBORHOOD AS AN26
1684+OPTIONAL TRANSIT AREA. THE DEPARTMENT SHALL REVIEW AND APPROVE27
1685+1313
1686+-45- OR REJECT SUCH A REQUEST BASED ON WHETHER THE MIXED -USE1
1687+PEDESTRIAN-ORIENTED NEIGHBORHOOD FULFILLS THE GOALS OF THIS PART2
1688+2
1689+ ESTABLISHED IN SECTION 29-35-203 (2).
1690+3
18541691 (5) Potential transit area criteria. (a) T
18551692 HE DEPARTMENT SHALL
1856-DESIGNATE AN AREA AS A POTENTIAL TRANSIT AREA
1857-, FOR PURPOSES OF
1858-SUBSECTION
1859-(1) OF THIS SECTION, IF IT CONSISTS OF CORRIDORS , AS
1860-IDENTIFIED BY THE DEPARTMENT OF TRANSPORTATION THAT
1861-:
1693+4
1694+DESIGNATE AN AREA AS A POTENTIAL TRANSIT AREA , FOR PURPOSES OF5
1695+SUBSECTION (1) OF THIS SECTION, IF IT CONSISTS OF CORRIDORS, AS6
1696+IDENTIFIED BY THE DEPARTMENT OF TRANSPORTATION THAT :7
18621697 (I) I
1863-NCLUDE MAJOR TRAVELSHEDS , AS DEFINED BY COMMON TRAVEL
1864-PATTERNS IN AN AREA
1865-, THAT IMPACT ANTICIPATED NEW OR MODIFIED
1866-INTERCHANGES ON STATE
1867--OWNED HIGHWAYS; AND
1868-(II) ARE OUTSIDE OF CENSUS URBANIZED AREAS , AS IDENTIFIED IN
1869-THE LATEST FEDERAL DECENNIAL CENSUS
1870-;
1698+NCLUDE MAJOR TRAVELSHEDS , AS DEFINED BY COMMON
1699+8
1700+TRAVEL PATTERNS IN AN AREA , THAT IMPACT ANTICIPATED NEW OR9
1701+MODIFIED INTERCHANGES ON STATE -OWNED HIGHWAYS; AND10
1702+(II) A
1703+RE OUTSIDE OF CENSUS URBANIZED AREAS , AS IDENTIFIED IN
1704+11
1705+THE LATEST FEDERAL DECENNIAL CENSUS ;12
18711706 (b) I
18721707 N DESIGNATING POTENTIAL TRANSIT AREAS , FOR PURPOSES OF
1873-SUBSECTION
1874-(1) OF THIS SECTION, THE DEPARTMENT SHALL ATTEMPT TO
1875-IDENTIFY AREAS WHERE FUTURE TRANSIT SERVICE AND NEIGHBORHOOD
1876-CENTERS COULD POTENTIALLY ALIGN TO PROVIDE INFORMATION FOR STATE
1877-,
1878-REGIONAL, AND LOCAL PLANNING EFFORTS.
1708+13
1709+SUBSECTION (1) OF THIS SECTION, THE DEPARTMENT SHALL ATTEMPT TO14
1710+IDENTIFY AREAS WHERE FUTURE TRANSIT SERVICE AND NEIGHBORHOOD15
1711+CENTERS COULD POTENTIALLY ALIGN TO PROVIDE INFORMATION FOR16
1712+STATE, REGIONAL, AND LOCAL PLANNING EFFORTS.17
18791713 (c) I
1880-N UPDATING THE TRANSIT AREA MAP PURSUANT TO SUBSECTION
1881-(1) OF THIS SECTION , THE DEPARTMENT SHALL IDENTIFY ANY
1882-NEIGHBORHOOD CENTERS THAT A LOCAL GOVERNMENT HAS DESIGNATED
1883-WITHIN A POTENTIAL TRANSIT AREA
1884-.
1885-(6) I
1886-N IDENTIFYING THE BOUNDARIES OF TRANSIT AREAS AND
1887-OPTIONAL TRANSIT AREAS PURSUANT TO THIS SECTION
1888-, THE DEPARTMENT
1889-SHALL USE
1890-:
1891-(a) G
1892-EOSPATIAL DATA FROM RELEVANT TRANSIT AGENCIES AND
1893-METROPOLITAN PLANNING ORGANIZATIONS
1894-; AND
1895-(b) ROADWAY LOCATIONS BASED UPON THE CENTERLINE OF THE
1896-ROADWAY
1897-.
1898-(7) Housing opportunity goals, models, and guidance. O
1899-N OR
1900-BEFORE
1901-FEBRUARY 28, 2025, THE DEPARTMENT SHALL PUBLISH MODELS AND
1902-GUIDANCE TO SATISFY THE GOALS OF THIS PART
1903-2 AS ESTABLISHED IN
1904-SECTION
1905-29-37-203 (2) AND INTERPRET THE DENSITY AND DIMENSIONAL
1906-STANDARDS ESTABLISHED IN SECTION
1907- 29-37-205 (1)(b) OF THIS SECTION
1908-PAGE 35-HOUSE BILL 24-1313 WITH THE INTENT OF PROVIDING SIMPLE AND EFFICIENT METHODS FOR LOCAL
1909-GOVERNMENTS TO CALCULATE THE NET HOUSING DENSITY OF TRANSIT
1910-CENTERS IN ORDER TO MEET THEIR HOUSING OPPORTUNITY GOALS
1911-. IN
1912-PUBLISHING MODELS AND GUIDANCE
1913-, THE DEPARTMENT SHALL ESTABLISH
1914-MODELS
1915-, GUIDANCE, AND TYPICAL BUILDING TYPOLOGIES FOR LOCAL
1916-GOVERNMENTS WITH FORM
1917--BASED CODES.
1918-29-37-208. Standard affordability strategies menu - long-term
1919-affordability strategies menu - alternative affordability strategies -
1920-impact fees. (1) Standard affordability strategies menu. O
1921-N OR BEFORE
1922-JUNE 30, 2025, THE DEPARTMENT SHALL DEVELOP A STANDARD
1923-AFFORDABILITY STRATEGIES MENU FOR TRANSIT
1924--ORIENTED COMMUNITIES
1925-AND SHALL UPDATE THIS MENU AS NECESSARY
1926-. THE MENU MUST INCLUDE
1927-THE FOLLOWING STRATEGIES
1928-:
1714+N UPDATING THE TRANSIT AREA MAP PURSUANT TO
1715+18
1716+SUBSECTION (1) OF THIS SECTION, THE DEPARTMENT SHALL IDENTIFY ANY19
1717+NEIGHBORHOOD CENTERS THAT A LOCAL GOVERNMENT HAS DESIGNATED20
1718+WITHIN A POTENTIAL TRANSIT AREA.21
1719+(6) IN IDENTIFYING THE BOUNDARIES OF TRANSIT AREAS AND22
1720+OPTIONAL TRANSIT AREAS PURSUANT TO THIS SECTION , THE DEPARTMENT23
1721+SHALL USE:24
1722+(a) GEOSPATIAL DATA FROM RELEVANT TRANSIT AGENCIES AND25
1723+METROPOLITAN PLANNING ORGANIZATIONS ; AND26
1724+(b) ROADWAY LOCATIONS BASED UPON THE CENTERLINE OF THE27
1725+1313
1726+-46- ROADWAY.1
1727+(7) Housing opportunity goals, models, and guidance. O N OR2
1728+BEFORE FEBRUARY 28, 2025, THE DEPARTMENT SHALL PUBLISH MODELS3
1729+AND GUIDANCE TO SATISFY THE GOALS OF THIS PART 2 AS ESTABLISHED IN4
1730+SECTION 29-35-203 (2) AND INTERPRET THE DENSITY AND DIMENSIONAL5
1731+STANDARDS ESTABLISHED IN SECTION 29-35-205 (1)(b) OF THIS SECTION6
1732+WITH THE INTENT OF PROVIDING SIMPLE AND EFFICIENT METHODS FOR7
1733+LOCAL GOVERNMENTS TO CALCULATE THE NET HOUSING DENSITY OF8
1734+TRANSIT CENTERS IN ORDER TO MEET THEIR HOUSING OPPORTUNITY9
1735+GOALS. IN PUBLISHING MODELS AND GUIDANCE , THE DEPARTMENT SHALL10
1736+ESTABLISH MODELS, GUIDANCE, AND TYPICAL BUILDING TYPOLOGIES FOR11
1737+LOCAL GOVERNMENTS WITH FORM -BASED CODES.12
1738+29-35-208. Standard affordability strategies menu - long-term13
1739+affordability strategies menu - alternative affordability strategies -14
1740+impact fees. (1) Standard affordability strategies menu. O N OR15
1741+BEFORE JUNE 30, 2025, THE DEPARTMENT SHALL DEVELOP A STANDARD16
1742+AFFORDABILITY STRATEGIES MENU FOR TRANSIT -ORIENTED COMMUNITIES17
1743+AND SHALL UPDATE THIS MENU AS NECESSARY. THE MENU MUST INCLUDE:18
1744+THE FOLLOWING STRATEGIES:19
19291745 (a) I
1930-MPLEMENTING A LOCAL INCLUSIONARY ZONING ORDINANCE
1931-THAT ACCOUNTS FOR LOCAL HOUSING MARKET CONDITIONS
1932-, IS CRAFTED TO
1933-MAXIMIZE REGULATED AFFORDABLE HOUSING
1934-, AND COMPLIES WITH THE
1935-REQUIREMENTS OF SECTION
1936- 29-20-104 (1)(e.5) AND (1)(e.7);
1746+MPLEMENTING A LOCAL INCLUSIONARY ZONING ORDINANCE20
1747+THAT
1748+ACCOUNTS FOR LOCAL HOUSING MARKET CONDITIONS , IS CRAFTED21
1749+TO MAXIMIZE REGULATED AFFORDABLE HOUSING , AND COMPLIES WITH22
1750+THE REQUIREMENTS OF SECTION 29-20-104 (1)(e.5) AND (1)(e.7);23
19371751 (b) A
1938-DOPTING A LOCAL LAW OR PLAN TO LEVERAGE PUBLICLY
1939-OWNED
1940-, SOLD, OR MANAGED LAND FOR REGULATED AFFORDABLE HOUSING
1941-DEVELOPMENT
1942-;
1752+DOPTING A LOCAL LAW OR PLAN TO LEVERAGE PUBLICLY24
1753+OWNED, SOLD, OR MANAGED LAND FOR REGULATED AFFORDABLE HOUSING25
1754+DEVELOPMENT;26
19431755 (c) C
1944-REATING OR SIGNIFICANTLY EXPANDING A PROGRAM TO
1945-SUBSIDIZE OR OTHERWISE REDUCE IMPACT FEES OR OTHER SIMILAR
1946-DEVELOPMENT CHARGES FOR REGULATED AFFORDABLE HOUSING
1947-DEVELOPMENT
1948-;
1756+REATING OR SIGNIFICANTLY EXPANDING A PROGRAM TO27
1757+1313
1758+-47- SUBSIDIZE OR OTHERWISE REDUCE IMPACT FEES OR OTHER SIMILAR1
1759+DEVELOPMENT CHARGES FOR REGULATED AFFORDABLE HOUSING2
1760+DEVELOPMENT;3
19491761 (d) E
1950-STABLISHING A DENSITY BONUS PROGRAM FOR TRANSIT
1951-CENTERS THAT GRANTS INCREASED FLOOR AREA RATIO
1952-, DENSITY, OR HEIGHT
1953-FOR REGULATED AFFORDABLE HOUSING UNITS
1954-;
1762+STABLISHING A DENSITY BONUS PROGRAM FOR TRANSIT4
1763+CENTERS THAT GRANTS INCREASED FLOOR AREA RATIO , DENSITY, OR5
1764+HEIGHT FOR REGULATED AFFORDABLE HOUSING UNITS ;6
19551765 (e) C
1956-REATING A PROGRAM TO PRIORITIZE AND EXPEDITE
1957-DEVELOPMENT APPROVALS FOR REGULATED AFFORDABLE HOUSING
1958-DEVELOPMENT
1959-;
1766+REATING A PROGRAM TO PRIORITIZE AND EXPEDITE7
1767+DEVELOPMENT APPROVALS FOR REGULATED AFFORDABLE HOUSING8
1768+DEVELOPMENT;9
19601769 (f) R
1961-EDUCING LOCAL PARKING REQUIREMENTS FOR REGULATED
1962-AFFORDABLE HOUSING TO ONE
1963--HALF SPACE PER UNIT OF REGULATED
1964-AFFORDABLE HOUSING
1965-, WITHOUT LOWERING THE PROTECTIONS PROVIDED
1966-PAGE 36-HOUSE BILL 24-1313 FOR INDIVIDUALS WITH DISABILITIES, INCLUDING THE NUMBER OF PARKING
1967-SPACES FOR INDIVIDUALS WHO ARE MOBILITY IMPAIRED
1968-, UNDER THE
1969-FEDERAL
1970-"AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC.
1770+EDUCING LOCAL PARKING REQUIREMENTS FOR REGULATED10
1771+AFFORDABLE HOUSING TO ONE -HALF SPACE PER UNIT OF REGULATED11
1772+AFFORDABLE HOUSING, WITHOUT LOWERING THE PROTECTIONS PROVIDED12
1773+FOR INDIVIDUALS WITH DISABILITIES, INCLUDING THE NUMBER OF PARKING13
1774+SPACES FOR INDIVIDUALS WHO ARE MOBILITY IMPAIRED , UNDER THE14
1775+FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC.15
19711776 12101
1972- ET SEQ., AND PARTS 6 AND 8 OF ARTICLE 34 OF TITLE 24; EXCEPT
1973-THAT
1974-, UPON THE PASSAGE OF HOUSE BILL 24-1304, THIS SUBSECTION (1)(f)
1975-SHALL NOT BE IDENTIFIED BY A TRANSIT -ORIENTED COMMUNITY AS AN
1976-AFFORDABILITY STRATEGY THAT SATISFIES THE REQUIREMENTS OF
1977-29-37-204 (6)(b)(I)(A);
1777+ ET SEQ., AND PARTS 6 AND 8 OF ARTICLE 34 OF TITLE 24; EXCEPT16
1778+THAT, UPON THE PASSAGE OF HOUSE BILL 24-1304, THIS SUBSECTION17
1779+(1)(f)
1780+SHALL NOT BE IDENTIFIED BY A TRANSIT-ORIENTED COMMUNITY AS18
1781+AN AFFORDABILITY STRATEGY THAT SATISFIES THE REQUIREMENTS OF19
1782+29-35-204 (6)(b)(I)(A);20
19781783 (g) E
1979-NACTING LOCAL LAWS THAT INCENTIVIZE THE CONSTRUCTION
1980-OF ACCESSIBLE AND VISITABLE REGULATED AFFORDABLE HOUSING UNITS
1981-;
1982- (h) ENACTING LOCAL LAWS THAT SUPPORT HOUSING FOR FAMILIES ,
1983-SUCH AS INCENTIVIZING CONSTRUCTION OF HOUSING UNITS WITH MULTIPLE
1984-BEDROOMS
1985-; AND
1986-(i) ANY OTHER STRATEGY DESIGNATED BY THE DEPARTMENT THAT
1987-OFFERS A COMPARABLE IMPACT ON LOCAL HOUSING AFFORDABILITY
1988-.
1989-(2) Long-term affordability strategies menu. O
1990-N OR BEFORE JUNE
1991-30, 2025, THE DEPARTMENT SHALL DEVELOP A LONG -TERM AFFORDABILITY
1992-STRATEGIES MENU AND SHALL UPDATE THIS MENU AS NECESSARY
1993-. THE
1994-MENU MUST INCLUDE THE FOLLOWING STRATEGIES
1995-:
1784+NACTING LOCAL LAWS THAT INCENTIVIZE THE CONSTRUCTION21
1785+OF ACCESSIBLE AND VISITABLE
1786+REGULATED AFFORDABLE HOUSING UNITS ; 22
1787+(h) E
1788+NACTING LOCAL LAWS THAT SUPPORT HOUSING FOR FAMILIES ,
1789+23
1790+SUCH AS INCENTIVIZING CONSTRUCTION OF HOUSING UNITS WITH MULTIPLE24
1791+BEDROOMS; AND25
1792+(i) ANY OTHER STRATEGY DESIGNATED BY THE DEPARTMENT THAT26
1793+OFFERS A COMPARABLE IMPACT ON LOCAL HOUSING AFFORDABILITY .27
1794+1313
1795+-48- (2) Long-term affordability strategies menu. O N OR BEFORE1
1796+J
1797+UNE 30, 2025, THE DEPARTMENT SHALL DEVELOP A LONG -TERM2
1798+AFFORDABILITY STRATEGIES MENU
1799+AND SHALL UPDATE THIS MENU AS3
1800+NECESSARY. THE MENU MUST INCLUDE THE FOLLOWING STRATEGIES :4
19961801 (a) E
1997-STABLISHING A DEDICATED LOCAL REVENUE SOURCE FOR
1998-REGULATED AFFORDABLE HOUSING DEVELOPMENT
1999-, SUCH AS INSTITUTING A
2000-LINKAGE FEE ON MARKET RATE HOUSING DEVELOPMENT TO SUPPORT NEW
2001-REGULATED AFFORDABLE HOUSING DEVELOPMENTS
2002-;
1802+STABLISHING A DEDICATED LOCAL REVENUE SOURCE FOR5
1803+REGULATED AFFORDABLE HOUSING DEVELOPMENT , SUCH AS INSTITUTING6
1804+A LINKAGE FEE ON
1805+MARKET RATE HOUSING DEVELOPMENT TO SUPPORT7
1806+NEW REGULATED AFFORDABLE HOUSING DEVELOPMENTS ;8
20031807 (b) R
2004-EGULATING SHORT-TERM RENTALS, SECOND HOMES, OR OTHER
2005-UNDERUTILIZED OR VACANT UNITS IN A WAY
2006-, SUCH AS VACANCY FEES FOR
2007-UNDERUTILIZED UNITS
2008-, THAT PROMOTES MAXIMIZING THE USE OF LOCAL
2009-HOUSING STOCK FOR LOCAL HOUSING NEEDS
2010-;
1808+EGULATING SHORT-TERM RENTALS, SECOND HOMES, OR9
1809+OTHER UNDERUTILIZED OR VACANT UNITS IN A WAY , SUCH AS VACANCY10
1810+FEES FOR UNDERUTILIZED UNITS, THAT PROMOTES MAXIMIZING THE USE OF11
1811+LOCAL HOUSING STOCK FOR LOCAL HOUSING NEEDS ;12
20111812 (c) M
2012-AKING A COMMITMENT TO AND REMAINING ELIGIBLE TO
2013-RECEIVE FUNDING PURSUANT TO ARTICLE
2014-32 OF THIS TITLE 29;
1813+AKING A COMMITMENT TO AND REMAINING ELIGIBLE TO13
1814+RECEIVE FUNDING PURSUANT TO ARTICLE 32 OF THIS TITLE 29;14
20151815 (d) I
2016-NCENTIVIZING OR CREATING A DEDICATED LOCAL PROGRAM
2017-THAT FACILITATES INVESTMENT IN LAND BANKING OR COMMUNITY LAND
2018-TRUSTS
2019-;
2020-PAGE 37-HOUSE BILL 24-1313 (e) ESTABLISHING AN AFFORDABLE HOMEOWNERSHIP STRATEGY
2021-SUCH AS
2022-:
1816+NCENTIVIZING OR CREATING A DEDICATED LOCAL PROGRAM15
1817+THAT FACILITATES INVESTMENT IN LAND BANKING OR COMMUNITY LAND16
1818+TRUSTS;17
1819+(e) E
1820+STABLISHING AN AFFORDABLE HOMEOWNERSHIP STRATEGY18
1821+SUCH AS:19
20231822 (I) A
2024-CQUIRING OR PRESERVING DEED RESTRICTIONS ON CURRENT
2025-HOUSING UNITS
2026-;
1823+CQUIRING OR PRESERVING DEED RESTRICTIONS ON CURRENT20
1824+HOUSING UNITS;21
20271825 (II) E
2028-STABLISHING AN INCENTIVE PROGRAM TO ENCOURAGE
2029-REALTORS TO WORK WITH LOW
2030--INCOME AND MINORITY PROSPECTIVE HOME
2031-BUYERS
2032-;
1826+STABLISHING AN INCENTIVE PROGRAM TO ENCOURAGE22
1827+REALTORS TO WORK WITH LOW -INCOME AND MINORITY PROSPECTIVE23
1828+HOME BUYERS;
1829+ 24
20331830 (III) E
2034-STABLISHING AN AFFORDABLE RENT -TO-OWN PROGRAM; OR
2035-(IV) INCENTIVIZING AFFORDABLE CONDOMINIUM DEVELOPMENTS ;
2036-AND
2037-(f) ANY OTHER STRATEGY DESIGNATED BY THE DEPARTMENT THAT
2038-OFFERS A COMPARABLE IMPACT ON LOCAL HOUSING AFFORDABILITY
2039-.
1831+STABLISHING AN AFFORDABLE RENT -TO-OWN PROGRAM;
1832+OR25
1833+(IV) INCENTIVIZING AFFORDABLE CONDOMINIUM DEVELOPMENTS ;26
1834+AND27
1835+1313
1836+-49- (f) ANY OTHER STRATEGY DESIGNATED BY THE DEPARTMENT THAT1
1837+OFFERS A COMPARABLE IMPACT ON LOCAL HOUSING AFFORDABILITY .2
20401838 (3) Alternative affordability strategies. A
2041- TRANSIT-ORIENTED
2042-COMMUNITY MAY SUBMIT AN EXISTING OR PROPOSED LOCAL LAW OR
2043-PROGRAM
2044-, IN A FORM AND MANNER DETERMINED BY THE DEPARTMENT , TO
2045-THE DEPARTMENT
2046-, AND THE DEPARTMENT MAY DETERMINE THAT THE
2047-ADOPTION OF THAT LOCAL LAW OR PROGRAM QUALIFIES AS AN
2048-AFFORDABILITY STRATEGY FOR PURPOSES OF SECTION
2049-29-37-204 (6)(a) AND
2050-(6)(b), SO LONG AS THE LOCAL LAW OR PROGRAM SUPPORTS EQUAL OR
2051-GREATER OPPORTUNITY FOR REGULATED AFFORDABLE HOUSING AND
2052-ACCESSIBLE UNITS THAN THE STRATEGIES DESCRIBED IN SUBSECTIONS
2053-(1)
2054-AND (2) OF THIS SECTION.
2055-29-37-209. Displacement risk assessment - displacement
2056-mitigation strategies menu - displacement mitigation strategies menu
2057-goals - alternative displacement mitigation strategies. (1) O
2058-N OR BEFORE
2059-JUNE 30, 2025, THE DEPARTMENT SHALL CONDUCT AN ASSESSMENT THAT
2060-INCLUDES RECOMMENDATIONS IDENTIFYING THE RESOURCES NECESSARY TO
2061-IMPLEMENT THE DISPLACEMENT MITIGATION STRATEGIES IN THE
2062-DISPLACEMENT RISK MITIGATION STRATEGIES MENU DESCRIBED IN
2063-SUBSECTION
2064-(3) OF THIS SECTION. THE ASSESSMENT MUST IDENTIFY:
2065-(a) A
2066-PPROPRIATE LOCAL, REGIONAL, OR NONPROFIT ENTITIES TO
2067-ASSIST RESIDENTS AT ELEVATED RISK OF DISPLACEMENT
2068-, WITH A FOCUS ON
2069-PAGE 38-HOUSE BILL 24-1313 RESIDENTS IN LOCAL GOVERNMENTS THAT HAVE A SMALLER POPULATION
2070-AND FEWER FINANCIAL RESOURCES THAN OTHER LOCAL GOVERNMENTS
2071-WITHIN THE SAME METROPOLITAN PLANNING ORGANIZATION
2072-; AND
2073-(b) APPROPRIATE SOURCES OF FINANCIAL AND OTHER RESOURCES TO
2074-IMPLEMENT THE DISPLACEMENT MITIGATION STRATEGIES IN THE
2075-DISPLACEMENT RISK MITIGATION STRATEGIES MENU DESCRIBED IN
2076-SUBSECTION
2077-(3) OF THIS SECTION, WHILE TAKING INTO ACCOUNT REGIONAL
2078-DISPARITIES IN RESOURCES
2079-.
2080-(2) (a) N
2081-O LATER THAN JUNE 30, 2025, THE DEPARTMENT SHALL
2082-DEVELOP GUIDANCE FOR TRANSIT
2083--ORIENTED COMMUNITIES IN CONDUCTING
2084-A DISPLACEMENT RISK ASSESSMENT AND IMPLEMENTING DISPLACEMENT
2085-MITIGATION STRATEGIES
2086-. THE DEPARTMENT SHALL UPDATE THIS GUIDANCE
2087-AS NECESSARY
2088-.
1839+ TRANSIT-ORIENTED3
1840+COMMUNITY MAY SUBMIT AN EXISTING OR PROPOSED LOCAL
1841+LAW OR4
1842+PROGRAM, IN A FORM AND MANNER DETERMINED BY THE DEPARTMENT , TO5
1843+THE DEPARTMENT, AND THE DEPARTMENT MAY DETERMINE THAT THE6
1844+ADOPTION OF THAT LOCAL LAW OR PROGRAM QUALIFIES AS AN7
1845+AFFORDABILITY STRATEGY FOR PURPOSES OF SECTION 29-35-204 (6)(a)8
1846+AND (6)(b), SO LONG AS THE LOCAL LAW OR PROGRAM SUPPORTS EQUAL9
1847+OR GREATER OPPORTUNITY FOR REGULATED AFFORDABLE HOUSING AND10
1848+ACCESSIBLE UNITS THAN THE STRATEGIES DESCRIBED IN SUBSECTIONS (1)11
1849+AND (2) OF THIS SECTION.12
1850+ 13
1851+29-35-209. Displacement risk assessment - displacement14
1852+mitigation strategies menu - displacement mitigation strategies menu15
1853+goals - alternative displacement mitigation strategies. (1) ON OR16
1854+BEFORE JUNE 30, 2025, THE DEPARTMENT SHALL CONDUCT AN17
1855+ASSESSMENT THAT INCLUDES RECOMMENDATIONS IDENTIFYING THE18
1856+RESOURCES NECESSARY TO IMPLEMENT THE DISPLACEMENT MITIGATION19
1857+STRATEGIES IN THE DISPLACEMENT RISK MITIGATION STRATEGIES MENU20
1858+DESCRIBED IN SUBSECTION (3) OF THIS SECTION. THE ASSESSMENT MUST21
1859+IDENTIFY:22
1860+(a) APPROPRIATE LOCAL, REGIONAL, OR NONPROFIT ENTITIES TO23
1861+ASSIST RESIDENTS AT ELEVATED RISK OF DISPLACEMENT , WITH A FOCUS ON24
1862+RESIDENTS IN LOCAL GOVERNMENTS THAT HAVE A SMALLER POPULATION25
1863+AND FEWER FINANCIAL RESOURCES THAN OTHER LOCAL GOVERNMENTS26
1864+WITHIN THE SAME METROPOLITAN PLANNING ORGANIZATION ; AND27
1865+1313
1866+-50- (b) APPROPRIATE SOURCES OF FINANCIAL AND OTHER RESOURCES1
1867+TO IMPLEMENT THE DISPLACEMENT MITIGATION STRATEGIES IN THE2
1868+DISPLACEMENT RISK MITIGATION STRATEGIES MENU DESCRIBED IN3
1869+SUBSECTION (3) OF THIS SECTION, WHILE TAKING INTO ACCOUNT REGIONAL4
1870+DISPARITIES IN RESOURCES.5
1871+(2) (a) NO LATER THAN JUNE 30, 2025, THE DEPARTMENT SHALL6
1872+DEVELOP GUIDANCE FOR TRANSIT -ORIENTED COMMUNITIES IN7
1873+CONDUCTING A DISPLACEMENT RISK ASSESSMENT AND IMPLEMENTING8
1874+DISPLACEMENT MITIGATION STRATEGIES . THE DEPARTMENT SHALL9
1875+UPDATE THIS GUIDANCE AS NECESSARY .10
20891876 (b) I
2090-N CREATING GUIDANCE FOR THE DISPLACEMENT RISK
1877+N CREATING GUIDANCE FOR THE DISPLACEMENT RISK11
20911878 ASSESSMENT DESCRIBED IN SUBSECTION
2092- (2)(a) OF THIS SECTION, THE
2093-DEPARTMENT SHALL DEVELOP A METHODOLOGY
2094-, WITH VARIATIONS FOR
2095-DIFFERENT LOCAL CONTEXTS INCLUDING THE SIZE AND RESOURCE LEVELS OF
2096-LOCAL GOVERNMENTS
2097-, FOR TRANSIT-ORIENTED COMMUNITIES WITHIN
2098-METROPOLITAN PLANNING ORGANIZATION BOUNDARIES TO USE TO
2099-:
1879+(2)(a) OF THIS SECTION, THE12
1880+DEPARTMENT SHALL DEVELOP A METHODOLOGY , WITH VARIATIONS FOR13
1881+DIFFERENT LOCAL CONTEXTS INCLUDING THE SIZE AND RESOURCE LEVELS14
1882+OF LOCAL GOVERNMENTS , FOR TRANSIT-ORIENTED COMMUNITIES WITHIN15
1883+METROPOLITAN PLANNING ORGANIZATION BOUNDARIES TO USE TO :16
21001884 (I) G
2101-ATHER FEEDBACK THROUGH COMMUNITY ENGAGEMENT ; AND
2102-(II) IDENTIFY INFORMATION FROM NEIGHBORHOOD -LEVEL EARLY
2103-DISPLACEMENT WARNING AND RESPONSE SYSTEMS
2104-, OR IF THOSE SYSTEMS
2105-ARE UNAVAILABLE
2106-, IDENTIFY THE BEST AVAILABLE LOCAL , REGIONAL,
2107-STATE, OR FEDERAL DATA THAT CAN BE ANALYZED TO IDENTIFY RESIDENTS
2108-AT ELEVATED DISPLACEMENT RISK
2109-, WHICH MAY INCLUDE:
1885+ATHER FEEDBACK THROUGH COMMUNITY ENGAGEMENT ; AND17
1886+(II) I
1887+DENTIFY INFORMATION FROM NEIGHBORHOOD -LEVEL EARLY18
1888+DISPLACEMENT WARNING AND RESPONSE SYSTEMS , OR IF THOSE SYSTEMS19
1889+ARE UNAVAILABLE, IDENTIFY THE BEST AVAILABLE LOCAL , REGIONAL,20
1890+STATE, OR FEDERAL DATA THAT CAN BE ANALYZED TO IDENTIFY21
1891+RESIDENTS AT ELEVATED DISPLACEMENT RISK , WHICH MAY INCLUDE:22
21101892 (A) T
2111-HE PERCENTAGE OF HOUSEHOLDS THAT ARE EXTREMELY
2112-LOW
2113--INCOME, VERY LOW-INCOME, AND LOW-INCOME, AS DESIGNATED BY
2114-THE
2115-UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ;
1893+HE PERCENTAGE OF HOUSEHOLDS THAT ARE EXTREMELY23
1894+LOW-INCOME, VERY LOW-INCOME, AND LOW-INCOME, AS DESIGNATED BY24
1895+THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN25
1896+DEVELOPMENT;26
21161897 (B) T
2117-HE PERCENTAGE OF HOUSEHOLDS THAT ARE RENTERS ;
2118-(C) T
2119-HE PERCENTAGE OF COST-BURDENED HOUSEHOLDS , DEFINED AS
2120-HOUSEHOLDS THAT SPEND MORE THAN THIRTY PERCENT OF THE
2121-HOUSEHOLD
2122-'S INCOME ON HOUSING NEEDS;
2123-PAGE 39-HOUSE BILL 24-1313 (D) THE NUMBER OF ADULTS WHO ARE TWENTY -FIVE YEARS OF AGE
2124-OR OLDER AND HAVE NOT EARNED AT LEAST A HIGH SCHOOL DIPLOMA
2125-;
1898+HE PERCENTAGE OF HOUSEHOLDS THAT
1899+ ARE RENTERS;27
1900+1313
1901+-51- (C) THE PERCENTAGE OF COST-BURDENED HOUSEHOLDS , DEFINED1
1902+AS HOUSEHOLDS THAT SPEND MORE THAN THIRTY PERCENT OF THE2
1903+HOUSEHOLD'S INCOME ON HOUSING NEEDS;3
1904+(D) T
1905+HE NUMBER OF ADULTS WHO ARE TWENTY -FIVE YEARS OF4
1906+AGE OR OLDER AND HAVE NOT EARNED AT LEAST A HIGH SC HOOL5
1907+DIPLOMA;6
21261908 (E) T
2127-HE PERCENTAGE OF HOUSEHOLDS IN WHICH ENGLISH IS NOT THE
2128-PRIMARY SPOKEN LANGUAGE
2129-;
1909+HE PERCENTAGE OF HOUSEHOLDS IN WHICH ENGLISH IS NOT7
1910+THE PRIMARY SPOKEN LANGUAGE ;8
21301911 (F) T
2131-HE PERCENTAGE OF HOUSING STOCK BUILT PRIOR TO 1970;
1912+HE PERCENTAGE OF HOUSING STOCK BUILT PRIOR TO 1970;9
21321913 (G) T
2133-HE LOCATION OF MANUFACTURED HOME PARKS ;
1914+HE LOCATION OF MANUFACTURED HOME PARKS ;10
21341915 (H) A
2135-REAS THAT QUALIFY AS DISADVANTAGED AS DETERMINED WITH
2136-THE CLIMATE AND ECONOMIC JUSTICE SCREENING TOOL DEVELOPED BY THE
2137-COUNCIL ON ENVIRONMENTAL QUALITY IN THE OFFICE OF THE PRESIDENT OF
2138-THE
2139-UNITED STATES; AND
2140-(I) THE TRANSIT-ORIENTED COMMUNITIES WHERE INCREASES IN
2141-ZONING CAPACITY WILL OCCUR AS A RESULT OF THE REQUIREMENTS OF THIS
2142-PART
2143-2.
1916+REAS THAT QUALIFY AS DISADVANTAGED AS DETERMINED11
1917+WITH THE CLIMATE AND ECONOMIC JUSTICE SCREENING TOOL DEVELOPED12
1918+BY THE COUNCIL ON ENVIRONMENTAL QUALITY IN THE OFFICE OF THE13
1919+PRESIDENT OF THE UNITED STATES; AND14
1920+(I) T
1921+HE TRANSIT-ORIENTED COMMINUTES WHERE INCREASES IN15
1922+ZONING CAPACITY WILL OCCUR AS A RESULT OF THE REQUIREMENTS OF16
1923+THIS PART 2.17
21441924 (3) O
2145-N OR BEFORE JUNE 30, 2025, THE DEPARTMENT SHALL DEVELOP
2146-A LONG
2147--TERM DISPLACEMENT MITIGATION STRATEGIES MENU THAT
2148-INCLUDES THE FOLLOWING STRATEGIES
2149-:
1925+N OR BEFORE JUNE 30, 2025, THE DEPARTMENT SHALL
1926+18
1927+DEVELOP A LONG-TERM DISPLACEMENT MITIGATION STRATEGIES MENU19
1928+THAT INCLUDES THE FOLLOWING STRATEGIES :20
21501929 (a) D
2151-EVELOPING A PROGRAM TO OFFER TECHNICAL ASSISTANCE AND
2152-FINANCIAL SUPPORT FOR COMMUNITY ORGANIZATIONS TO DEVELOP
2153-INDEPENDENT COMMUNITY LAND TRUSTS
2154-;
1930+EVELOPING A PROGRAM TO OFFER TECHNICAL ASSISTANCE
1931+21
1932+AND FINANCIAL SUPPORT FOR COMMUNITY ORGANIZATIONS TO DEVELOP22
1933+INDEPENDENT COMMUNITY LAND TRUSTS ;23
21551934 (b) P
21561935 RIORITIZING SPENDING ON REGULATED AFFORDABLE HOUSING
2157-UNIT PRESERVATION OR IMPLEMENTING OR CONTINUING DEED RESTRICTIONS
2158-FOR REGULATED AFFORDABLE HOUSING UNITS
2159-;
1936+24
1937+UNIT PRESERVATION OR IMPLEMENTING OR CONTINUING DEED25
1938+RESTRICTIONS FOR REGULATED AFFORDABLE HOUSING UNITS ;26
21601939 (c) P
2161-ROVIDING HOMESTEAD TAX EXEMPTIONS FOR EITHER LONG -TIME
2162-HOMEOWNERS IN NEIGHBORHOODS THAT A DISPLACEMENT RISK ASSESSMENT
2163-IDENTIFIES AS VULNERABLE TO DISPLACEMENT OR LOW
2164-- TO
2165-MODERATE
2166--INCOME HOMEOWNERS WITHIN , OR WITHIN ONE-HALF MILE OF,
2167-A DESIGNATED TRANSIT CENTER;
1940+ROVIDING HOMESTEAD TAX EXEMPTIONS FOR EITHER
1941+27
1942+1313
1943+-52- LONG-TIME HOMEOWNERS IN NEIGHBORHOODS THAT A DISPLACEMENT1
1944+RISK ASSESSMENT IDENTIFIES AS VULNERABLE TO DISPLACEMENT OR LOW -2
1945+TO MODERATE-INCOME HOMEOWNERS WITHIN , OR WITHIN ONE-HALF MILE3
1946+OF, A DESIGNATED TRANSIT CENTER;4
21681947 (d) R
21691948 EQUIRING MULTIFAMILY HOUSING DEVELOPERS TO CREATE A
2170-COMMUNITY BENEFITS AGREEMENT WITH AFFECTED POPULATIONS WITHIN
2171-ONE
2172--QUARTER MILE OF A DEVELOPMENT BUILT IN AN AREA THAT IS
2173-PAGE 40-HOUSE BILL 24-1313 VULNERABLE TO DISPLACEMENT ;
1949+5
1950+COMMUNITY BENEFITS AGREEMENT WITH AFFECTED POPULATIONS WITHIN6
1951+ONE-QUARTER MILE OF A DEVELOPMENT BUILT IN AN AREA THAT IS7
1952+VULNERABLE TO DISPLACEMENT ;8
21741953 (e) E
21751954 NSURING NO NET LOSS WITHIN THE DESIGNATED AREA OF
2176-AFFORDABLE UNITS SUCH THAT AFFORDABILITY LEVELS ARE EQUAL OR
2177-GREATER THAN EXISTING LEVELS OF FAMILY SERVING UNITS THAT INCLUDE
2178-THREE OR MORE BEDROOMS
2179-;
1955+9
1956+AFFORDABLE UNITS SUCH THAT AFFORDABILITY LEVELS ARE EQUAL OR10
1957+GREATER THAN EXISTING LEVELS OF FAMILY SERVING UNITS THAT11
1958+INCLUDE THREE OR MORE BEDROOMS ;12
21801959 (f) E
21811960 STABLISHING A PROGRAM TO PROVIDE COMMUNITY OR SMALL
2182-LOCAL BUSINESS INVESTMENT IN AN AREA THAT IS VULNERABLE TO
2183-DISPLACEMENT
2184-; AND
2185-(g) OTHER STRATEGIES IDENTIFIED BY THE DEPARTMENT THAT
2186-PROVIDE DISPLACEMENT MITIGATION EQUIVALENT TO THE OTHER
2187-STRATEGIES DESCRIBED IN THIS SUBSECTION
2188-(3).
2189-(4) I
2190-N DEVELOPING THE DISPLACEMENT RISK MITIGATION STRATEGIES
2191-MENU DESCRIBED IN SUBSECTION
2192-(3) OF THIS SECTION, THE DEPARTMENT'S
2193-GOALS MUST BE TO SUPPORT
2194-:
1961+13
1962+LOCAL BUSINESS INVESTMENT IN AN AREA THAT IS VULNERABLE TO14
1963+DISPLACEMENT; AND15
1964+(g) OTHER STRATEGIES IDENTIFIED BY THE DEPARTMENT THAT16
1965+PROVIDE DISPLACEMENT MITIGATION EQUIVALENT TO THE OTHER17
1966+STRATEGIES DESCRIBED IN THIS SUBSECTION (3).18
1967+(4) IN DEVELOPING THE DISPLACEMENT RISK MITIGATION19
1968+STRATEGIES MENU DESCRIBED IN SUBSECTION (3) OF THIS SECTION, THE20
1969+DEPARTMENT'S GOALS MUST BE TO SUPPORT:21
21951970 (a) R
2196-ESOURCES, SERVICES, AND INVESTMENTS THAT SERVE
2197-VULNERABLE HOMEOWNERS AND RENTERS WITH ELEVATED RISK OF
2198-DISPLACEMENT
2199-;
1971+ESOURCES, SERVICES, AND INVESTMENTS THAT SERVE22
1972+VULNERABLE HOMEOWNERS AND RENTERS WITH ELEVATED RISK OF23
1973+DISPLACEMENT;24
22001974 (b) T
2201-HE PRESERVATION OF REGULATED AFFORDABLE HOUSING
2202-STOCK
2203-;
1975+HE PRESERVATION OF REGULATED AFFORDABLE HOUSING25
1976+STOCK;26
22041977 (c) L
2205-OCAL GOVERNMENT PLANNING AND LAND USE DECISIONS THAT
2206-INCORPORATE INCLUSIVE AND EQUITABLE DISPLACEMENT MITIGATION
2207-STRATEGIES
2208-, AND THE EMPOWERMENT OF LOW -INCOME PERSONS AND
2209-COMMUNITIES OF COLOR TO PARTICIPATE IN THOSE DECISIONS
2210-; AND
2211-(d) THE ABILITY OF VULNERABLE RESIDENTS TO REMAIN IN OR
2212-RETURN TO THEIR NEIGHBORHOODS OR COMMUNITIES BY ACCESSING NEW
2213-AFFORDABLE HOUSING OPPORTUNITIES IN THEIR NEIGHBORHOODS OR
2214-COMMUNITIES
2215-.
2216-29-37-210. Transit-oriented communities infrastructure grant
2217-program - transit-oriented communities infrastructure fund -
1978+OCAL GOVERNMENT PLANNING AND LAND USE DECISIONS27
1979+1313
1980+-53- THAT INCORPORATE INCLUSIVE AND EQUITABLE DISPLACEMENT1
1981+MITIGATION STRATEGIES, AND THE EMPOWERMENT OF LOW -INCOME2
1982+PERSONS AND COMMUNITIES OF COLOR TO PARTICIPATE IN THOSE3
1983+DECISIONS; AND4
1984+(d) T
1985+HE ABILITY OF VULNERABLE RESIDENTS TO REMAIN IN OR5
1986+RETURN TO THEIR NEIGHBORHOODS OR COMMUNITIES BY ACCESSING NEW6
1987+AFFORDABLE HOUSING OPPORTUNITIES IN THEIR NEIGHBORHOODS OR7
1988+COMMUNITIES.8
1989+29-35-210
1990+. Transit-oriented communities infrastructure grant9
1991+program - transit-oriented communities infrastructure fund - 10
22181992 definitions. (1) Grant program created. T
2219-HE TRANSIT-ORIENTED
2220-COMMUNITIES INFRASTRUCTURE GRANT PROGRAM IS CREATED IN THE
2221-PAGE 41-HOUSE BILL 24-1313 DEPARTMENT. THE PURPOSE OF THE GRANT PROGRAM IS TO ASSIST LOCAL
2222-GOVERNMENTS IN UPGRADING INFRASTRUCTURE AND SUPPORTING
2223-REGULATED AFFORDABLE HOUSING IN TRANSIT CENTERS AND
2224-NEIGHBORHOOD CENTERS
2225-.
1993+HE TRANSIT-ORIENTED11
1994+COMMUNITIES INFRASTRUCTURE GRANT PROGRAM IS CREATED IN THE12
1995+DEPARTMENT. THE PURPOSE OF THE GRANT PROGRAM IS TO ASSIST LOCAL13
1996+GOVERNMENTS IN UPGRADING INFRASTRUCTURE AND SUPPORTING14
1997+REGULATED AFFORDABLE HOUSING IN TRANSIT CENTERS AND15
1998+NEIGHBORHOOD CENTERS .16
22261999 (2) Allowable purposes. G
2227-RANT RECIPIENTS MAY USE MONEY
2228-RECEIVED THROUGH THE GRANT PROGRAM TO FUND
2229-:
2000+RANT RECIPIENTS MAY USE MONEY17
2001+RECEIVED THROUGH THE GRANT PROGRAM TO FUND :18
22302002 (a) O
2231-N-SITE INFRASTRUCTURE FOR AFFORDABLE HOUSING ,
2232-INCLUDING REGULATED AFFORDABLE HOUSING , WITHIN A TRANSIT CENTER
2233-OR NEIGHBORHOOD CENTER
2234-;
2003+N-SITE INFRASTRUCTURE FOR
2004+ AFFORDABLE HOUSING,19
2005+INCLUDING REGULATED AFFORDABLE HOUSING , WITHIN A TRANSIT CENTER20
2006+OR NEIGHBORHOOD CENTER ;21
22352007 (b) P
2236-UBLIC INFRASTRUCTURE PROJECTS THAT ARE WITHIN , OR THAT
2237-PRIMARILY BENEFIT
2238-, A TRANSIT CENTER OR NEIGHBORHOOD CENTER ;
2008+UBLIC INFRASTRUCTURE PROJECTS THAT ARE WITHIN , OR THAT22
2009+PRIMARILY BENEFIT, A TRANSIT CENTER OR NEIGHBORHOOD CENTER ;23
22392010 (c) P
2240-UBLIC INFRASTRUCTURE PROJECTS THAT BENEFIT AFFORDABLE
2241-HOUSING
2242-, INCLUDING REGULATED AFFORDABLE HOUSING , IN A TRANSIT
2243-CENTER OR NEIGHBORHOOD CENTER
2244-;
2011+UBLIC INFRASTRUCTURE PROJECTS THAT BENEFIT
2012+ 24
2013+AFFORDABLE HOUSING, INCLUDING REGULATED AFFORDABLE HOUSING , IN25
2014+A TRANSIT CENTER OR NEIGHBORHOOD CENTER ;26
22452015 (d) A
2246-CTIVITIES RELATED TO DETERMINING WHERE AND HOW BEST TO
2247-IMPROVE INFRASTRUCTURE TO SUPPORT A TRANSIT CENTER OR
2248-NEIGHBORHOOD CENTER
2249-;
2016+CTIVITIES RELATED TO DETERMINING WHERE AND HOW BEST27
2017+1313
2018+-54- TO IMPROVE INFRASTRUCTURE TO SUPPORT A TRANSIT CENTER OR1
2019+NEIGHBORHOOD CENTER ; 2
22502020 (e) I
2251-NFRASTRUCTURE PROJECT DELIVERY , PLANNING, AND
2252-COMMUNITY ENGAGEMENT
2253-; AND
2254-(f) ACTIVITIES CONTRACTED BY AN AREA AGENCY ON AGING , AS
2255-DEFINED IN SECTION
2256-26-11-201 (2), TO A TRANSIT-ORIENTED COMMUNITY TO
2257-PROVIDE SERVICES WITHIN
2258-, OR THAT BENEFIT, TRANSIT CENTERS AND
2259-NEIGHBORHOOD CENTERS
2260-, AND THAT FURTHER THE GOALS OF THIS PART 2.
2021+NFRASTRUCTURE PROJECT DELIVERY , PLANNING, AND3
2022+COMMUNITY ENGAGEMENT ; AND
2023+4
2024+(f) A
2025+CTIVITIES CONTRACTED BY AN AREA AGENCY ON AGING , AS
2026+5
2027+DEFINED IN SECTION 26-11-201 (2), TO A TRANSIT-ORIENTED COMMUNITY6
2028+TO PROVIDE SERVICES WITHIN, OR THAT BENEFIT, TRANSIT CENTERS AND7
2029+NEIGHBORHOOD CENTERS , AND THAT FURTHER THE GOALS OF THIS PART8
2030+2.9
22612031 (3) Grant program administration. T
2262-HE DEPARTMENT SHALL
2263-ADMINISTER THE GRANT PROGRAM AND
2264-, SUBJECT TO AVAILABLE
2265-APPROPRIATIONS
2266-, AWARD GRANTS AS PROVIDED IN SUBSECTION (7) OF THIS
2267-SECTION AND PROVIDE TECHNICAL ASSISTANCE TO LOCAL GOVERNMENTS IN
2268-COMPLYING WITH THE REQUIREMENTS OF THIS PART
2269-2.
2032+HE DEPARTMENT SHALL10
2033+ADMINISTER THE GRANT PROGRAM AND , SUBJECT TO AVAILABLE11
2034+APPROPRIATIONS, AWARD GRANTS AS PROVIDED IN SUBSECTION (7) OF THIS12
2035+SECTION AND PROVIDE TECHNICAL ASSISTANCE TO LOCAL GOVERNMENTS13
2036+IN COMPLYING WITH THE REQUIREMENTS OF THIS PART 2.
2037+ 14
22702038 (4) Grant program policies and procedures. T
2271-HE DEPARTMENT
2272-SHALL IMPLEMENT THE GRANT PROGRAM IN ACCORDANCE WITH THIS
2273-SECTION
2274-. THE DEPARTMENT SHALL DEVELOP POLICIES AND PROCEDURES AS
2275-PAGE 42-HOUSE BILL 24-1313 NECESSARY TO IMPLEMENT THE GRANT PROGRAM .
2039+HE DEPARTMENT15
2040+SHALL IMPLEMENT THE GRANT PROGRAM IN ACCORDANCE WITH THIS16
2041+SECTION. THE DEPARTMENT SHALL DEVELOP POLICIES AND PROCEDURES17
2042+AS NECESSARY TO IMPLEMENT THE GRANT PROGRAM .18
22762043 (5) Grant application. T
2277-O RECEIVE A GRANT , A LOCAL
2278-GOVERNMENT MUST SUBMIT AN APPLICATION TO THE DEPARTMENT IN
2279-ACCORDANCE WITH POLICIES AND PROCEDURES DEVELOPED BY THE
2280-DEPARTMENT
2281-.
2044+O RECEIVE A GRANT , A LOCAL19
2045+GOVERNMENT MUST SUBMIT AN APPLICATION TO THE DEPARTMENT IN20
2046+ACCORDANCE WITH POLICIES AND PROCEDURES DEVELOPED BY THE21
2047+DEPARTMENT.
2048+22
22822049 (6) Grant program criteria. T
2283-HE DEPARTMENT SHALL REVIEW THE
2284-APPLICATIONS RECEIVED PURSUANT TO THIS SECTION AND SHALL ONLY
2285-AWARD GRANTS TO CERTIFIED TRANSIT
2286--ORIENTED COMMUNITIES . IN
2287-AWARDING GRANTS
2288-, THE DEPARTMENT SHALL CONSIDER THE FOLLOWING
2289-CRITERIA
2290-:
2291-(a) T
2292-HE POTENTIAL IMPACT OF A PROJECT THAT A LOCAL
2293-GOVERNMENT WOULD FUND WITH A GRANT AWARD ON THE DEVELOPMENT
2294-OF REGULATED AFFORDABLE HOUSING
2295-, MIXED-USE DEVELOPMENT ,
2296-ACCESSIBLE OR VISITABLE HOUSING UNITS , OR THE CREATION OR
2297-ENHANCEMENT OF HOME OWNERSHIP OPPORTUNITIES WITHIN A TRANSIT
2298-CENTER OR NEIGHBORHOOD CENTER
2299-. IF A PROJECT IS A LARGE-SCALE INFILL
2300-DEVELOPMENT PROJECT
2301-, SUBJECT TO A DISCRETIONARY APPROVAL PROCESS ,
2302-AND ADJACENT TO AN ESTABLISHED NEIGHBORHOOD , THE DEPARTMENT
2303-SHALL GIVE PRIORITY TO SUCH A PROJECT IF A COMMUNITY BENEFITS
2304-AGREEMENT HAS BEEN ESTABLISHED IN CONNECTION WITH THE PROJECT
2305-.
2050+HE DEPARTMENT SHALL REVIEW23
2051+THE APPLICATIONS RECEIVED PURSUANT TO THIS SECTION AND SHALL
2052+24
2053+ONLY AWARD GRANTS TO CERTIFIED TRANSIT -ORIENTED COMMUNITIES. IN25
2054+AWARDING GRANTS, THE DEPARTMENT SHALL CONSIDER THE FOLLOWING26
2055+CRITERIA:27
2056+1313
2057+-55- (a) THE POTENTIAL IMPACT OF A PROJECT THAT A LOCAL1
2058+GOVERNMENT WOULD FUND WITH A GRANT AWARD ON THE DEVELOPMENT2
2059+OF REGULATED AFFORDABLE HOUSING , MIXED-USE DEVELOPMENT ,3
2060+ACCESSIBLE OR VISITABLE HOUSING UNITS , OR THE CREATION OR4
2061+ENHANCEMENT OF HOME OWNERSHIP OPPORTUNITIES WITHIN A TRANSIT5
2062+CENTER OR NEIGHBORHOOD CENTER . IF A PROJECT IS A LARGE-SCALE6
2063+INFILL DEVELOPMENT PROJECT, SUBJECT TO A DISCRETIONARY APPROVAL7
2064+PROCESS, AND ADJACENT TO AN ESTABLISHED NEIGHBORHOOD , THE8
2065+DEPARTMENT SHALL GIVE PRIORITY TO SUCH A PROJECT IF A COMMUNITY9
2066+BENEFITS AGREEMENT HAS BEEN ESTABLISHED IN CONNECTION WITH THE10
2067+PROJECT.11
23062068 (b) I
2307-N RESPONSE TO DEMONSTRATED NEEDS , THE EXTENT TO WHICH
2308-THE LOCAL GOVERNMENT HAS
2309-:
2069+N RESPONSE TO DEMONSTRATED NEEDS , THE EXTENT TO12
2070+WHICH THE LOCAL GOVERNMENT HAS :13
23102071 (I) I
2311-NTEGRATED MIXED -USE DEVELOPMENT BY ALLOWING
2312-NEIGHBORHOOD COMMERCIAL USES THAT HAVE THE MAIN PURPOSE OF
2313-MEETING CONSUMER DEMANDS FOR GOODS AND SERVICES WITH AN
2314-EMPHASIS ON SERVING THE SURROUNDING RESIDENTIAL NEIGHBORHOOD
2315-WITHIN ONE
2316--QUARTER MILE OF A TRANSIT CENTER OR NEIGHBORHOOD
2317-CENTER
2318-;
2072+NTEGRATED MIXED -USE DEVELOPMENT BY ALLOWING14
2073+NEIGHBORHOOD COMMERCIAL USES THAT HAVE THE MAIN PURPOSE OF15
2074+MEETING CONSUMER DEMANDS FOR GOODS AND SERVICES WITH AN16
2075+EMPHASIS ON SERVING THE SURROUNDING RESIDENTIAL NEIGHBORHOOD17
2076+WITHIN ONE-QUARTER MILE OF A TRANSIT CENTER OR NEIGHBOR HOOD18
2077+CENTER;19
23192078 (II) A
2320-DOPTED AFFORDABILITY STRATEGIES FROM THE
2321-AFFORDABILITY STRATEGIES MENUS IN SECTION
2322-29-37-208 BASED ON THE
2323-LOCAL GOVERNMENT
2324-'S DEMONSTRATED HOUSING NEEDS , INCLUDING
2325-HOUSING NEEDS FOR RENTAL AND FOR
2326--SALE HOUSING AND FOR LOW -,
2327-MODERATE-, AND MEDIUM-INCOME HOUSEHOLDS, AS DESIGNATED BY THE
2328-UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT , AND
2329-PAGE 43-HOUSE BILL 24-1313 PERMANENT SUPPORTIVE HOUSING ;
2079+DOPTED AFFORDABILITY STRATEGIES FROM THE20
2080+AFFORDABILITY STRATEGIES MENUS IN SECTION 29-35-208
2081+ BASED ON THE21
2082+LOCAL GOVERNMENT 'S DEMONSTRATED HOUSING NEEDS , INCLUDING22
2083+HOUSING NEEDS FOR RENTAL AND FOR -SALE HOUSING AND FOR LOW -,23
2084+MODERATE-, AND MEDIUM-INCOME HOUSEHOLDS, AS DESIGNATED BY THE24
2085+U
2086+NITED STATES DEPARTMENT OF HOUSING AND URBAN
2087+DEVELOPMENT,25
2088+AND PERMANENT SUPPORTIVE HOUSING ;26
23302089 (III) A
2331-DOPTED DISPLACEMENT MITIGATION STRATEGIES FROM THE
2332-DISPLACEMENT MITIGATION STRATEGIES MENU IN SECTION
2333-29-37-209; AND
2334-(IV) DESIGNATED NEIGHBORHOOD CENTERS WITHIN OPTIONAL
2335-TRANSIT AREAS
2336-; AND
2337-(c) INFORMATION CONTAINED IN THE REPORTS SUBMITTED BY A
2338-LOCAL GOVERNMENT PURSUANT TO SECTION
2339-29-37-204 THAT PROVIDES
2340-EVIDENCE THAT THE LOCAL GOVERNMENT HAS MET THE REQUIREMENTS OF
2341-SECTION
2342-29-37-204.
2090+DOPTED DISPLACEMENT MITIGATION STRATEGIES FROM THE27
2091+1313
2092+-56- DISPLACEMENT MITIGATION STRATEGIES MENU IN SECTION 29-35-209;1
2093+AND2
2094+(IV) D
2095+ESIGNATED NEIGHBORHOOD CENTERS WITHIN OPTIONAL3
2096+TRANSIT AREAS; AND4
2097+(c) I
2098+NFORMATION CONTAINED IN THE REPORTS SUBMITTED BY A5
2099+LOCAL GOVERNMENT PURSUANT TO SECTION 29-35-204 THAT PROVIDES6
2100+EVIDENCE THAT THE LOCAL GOVERNMENT HAS MET THE REQUIREMENTS7
2101+OF SECTION 29-35-204.8
23432102 (7) Grant awards. S
2344-UBJECT TO AVAILABLE APPROPRIATIONS , THE
2345-DEPARTMENT SHALL AWARD GRANTS USING MONEY IN THE FUND AS
2346-PROVIDED IN THIS SECTION
2347-.
2348-(8) Transit-oriented communities infrastructure fund. (a) (I) T
2349-HE
2350-TRANSIT
2351--ORIENTED COMMUNITIES INFRASTRUCTURE FUND IS CREATED IN
2352-THE STATE TREASURY
2353-. THE FUND CONSISTS OF MONEY TRANSFERRED TO THE
2354-FUND PURSUANT TO SUBSECTION
2355- (8)(a)(III) OF THIS SECTION, GIFTS, GRANTS,
2356-AND DONATIONS, AND ANY OTHER MONEY THAT THE GENERAL ASSEMBLY
2357-MAY APPROPRIATE OR TRANSFER TO THE FUND
2358-. THE STATE TREASURER
2359-SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND
2360-INVESTMENT OF MONEY IN THE FUND TO THE FUND
2361-.
2103+UBJECT TO AVAILABLE APPROPRIATIONS , THE9
2104+DEPARTMENT SHALL AWARD GRANTS USING MONEY IN THE FUND
2105+ AS10
2106+PROVIDED IN THIS SECTION.11
2107+(8) Transit-oriented communities infrastructure fund.12
2108+(a) (I) T
2109+HE TRANSIT-ORIENTED COMMUNITIES INFRASTRUCTURE FUND IS13
2110+CREATED IN THE STATE TREASURY . THE FUND CONSISTS OF MONEY14
2111+TRANSFERRED TO THE FUND PURSUANT TO SUBSECTION (8)(a)(III) OF THIS15
2112+SECTION, GIFTS, GRANTS, AND DONATIONS, AND ANY OTHER MONEY THAT16
2113+THE GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER TO THE FUND .17
2114+T
2115+HE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED18
2116+FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE F UND TO THE19
2117+FUND.20
23622118 (II) M
2363-ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE
2364-DEPARTMENT FOR THE PURPOSE OF IMPLEMENTING THE GRANT PROGRAM
2365-,
2366-AND THE DEPARTMENT MAY EXPEND UP TO SIX PERCENT OF ANY MONEY IN
2367-THE FUND FOR COSTS INCURRED BY THE DEPARTMENT IN ADMINISTERING THE
2368-GRANT PROGRAM
2369-.
2119+ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE21
2120+DEPARTMENT FOR THE PURPOSE OF IMPLEMENTING THE GRANT PROGRAM ,22
2121+AND THE DEPARTMENT MAY EXPEND UP TO SIX PERCENT OF ANY MONEY23
2122+IN THE FUND
2123+ FOR COSTS INCURRED BY THE DEPARTMENT IN24
2124+ADMINISTERING THE GRANT PROGRAM .25
23702125 (III) O
2371-N JULY 1, 2024, THE STATE TREASURER SHALL TRANSFER
2372-THIRTY
2373--FIVE MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND .
2126+N JULY 1, 2024, THE STATE TREASURER SHALL TRANSFER26
2127+THIRTY-FIVE MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND .27
2128+1313
2129+-57- 1
23742130 (9) Reporting. (a) O
2375-N OR BEFORE JANUARY 1, 2025, AND EACH
2376-JANUARY 1 THEREAFTER FOR THE DURATION OF THE GRANT PROGRAM , THE
2377-DEPARTMENT SHALL SUBMIT A SUMMARIZED REPORT TO THE HOUSE OF
2378-REPRESENTATIVES TRANSPORTATION
2379-, HOUSING, AND LOCAL GOVERNMENT
2380-COMMITTEE AND THE SENATE LOCAL GOVERNMENT AND HOUSING
2381-PAGE 44-HOUSE BILL 24-1313 COMMITTEE, OR THEIR SUCCESSOR COMMITTEES , ON RELEVANT
2382-INFORMATION REGARDING THE GRANT PROGRAM
2383-.
2131+N OR BEFORE JANUARY 1, 2025, AND EACH2
2132+J
2133+ANUARY 1 THEREAFTER FOR THE DURATION OF THE GRANT PROGRAM , THE3
2134+DEPARTMENT SHALL SUBMIT A SUMMARIZED REPORT TO THE HOUSE OF4
2135+REPRESENTATIVES TRANSPORTATION , HOUSING, AND LOCAL GOVERNMENT5
2136+COMMITTEE AND THE SENATE LOCA L GOVERNMENT AND HOUSING6
2137+COMMITTEE, OR THEIR SUCCESSOR COMMITTEES , ON RELEVANT7
2138+INFORMATION REGARDING THE GRANT PROGRAM .8
23842139 (b) N
2385-OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE REPORTING
2386-REQUIREMENTS SET FORTH IN THIS SECTION CONTINUE UNTIL ALL GRANT
2387-PROGRAM MONEY IS FULLY EXPENDED
2388-.
2140+OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE9
2141+REPORTING REQUIREMENTS SET FORTH IN THIS SECTION CONTINUE UNTIL10
2142+ALL GRANT PROGRAM MONEY IS FULLY EXPENDED .11
23892143 (10) Definitions. A
2390-S USED IN THIS SECTION, UNLESS THE CONTEXT
2391-OTHERWISE REQUIRES
2392-:
2393-(a) "F
2394-UND" MEANS THE TRANSIT -ORIENTED COMMUNITIES
2395-INFRASTRUCTURE FUND CREATED IN SUBSECTION
2396- (8)(a) OF THIS SECTION.
2397-(b) "G
2398-RANT PROGRAM " MEANS THE TRANSIT -ORIENTED
2399-COMMUNITIES INFRASTRUCTURE GRANT PROGRAM CREATED IN THIS
2400-SECTION
2401-.
2402-SECTION 2. In Colorado Revised Statutes, 24-67-105, add (5.5)
2403-as follows:
2404-24-67-105. Standards and conditions for planned unit
2144+S USED IN THIS SECTION, UNLESS THE CONTEXT12
2145+OTHERWISE REQUIRES:13
2146+
2147+14
2148+(a) "FUND" MEANS THE TRANSIT -ORIENTED COMMUNITIES15
2149+INFRASTRUCTURE FUND CREATED IN SUBSECTION (8)(a) OF THIS SECTION.16
2150+(b) "GRANT PROGRAM " MEANS THE TRANSIT -ORIENTED17
2151+COMMUNITIES INFRASTRUCTURE GRANT PROGRAM CREATED IN THIS18
2152+SECTION.19
2153+SECTION 2. In Colorado Revised Statutes, 24-67-105, add (5.5)20
2154+as follows:21
2155+24-67-105. Standards and conditions for planned unit22
24052156 development - definitions. (5.5) (a) A
2406-NY PLANNED UNIT DEVELOPMENT
2407-RESOLUTION OR ORDINANCE THAT APPLIES WITHIN A TRANSIT CENTER OR
2408-NEIGHBORHOOD CENTER THAT IS ADOPTED OR APPROVED BY A LOCAL
2409-GOVERNMENT ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION
2157+NY PLANNED UNIT DEVELOPMENT23
2158+RESOLUTION OR ORDINANCE THAT APPLIES WITHIN A TRANSIT CENTER OR24
2159+NEIGHBORHOOD CENTER THAT IS ADOPTED OR APPROVED BY A LOCAL25
2160+GOVERNMENT ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION26
24102161 (5.5)
2411-MUST NOT RESTRICT THE DEVELOPMENT OF HOUSING IN ANY MANNER THAT
2412-IS INCONSISTENT WITH THE REQUIREMENTS FOR DESIGNATING AN AREA AS
2413-A TRANSIT CENTER PURSUANT TO SECTION
2414-29-37-205, OR AS A
2415-NEIGHBORHOOD CENTER PURSUANT TO SECTION
2416-29-37-206.
2162+ MUST NOT RESTRICT THE DEVELOPMENT OF HOUSING IN ANY MANNER27
2163+1313
2164+-58- THAT IS INCONSISTENT WITH THE REQUIREMENTS FOR DESIGNATING AN1
2165+AREA AS A TRANSIT CENTER PURSUANT TO SECTION 29-35-205, OR AS A2
2166+NEIGHBORHOOD CENTER PURSUANT TO SECTION 29-35-206.3
24172167 (b) A
2418-NY PLANNED UNIT DEVELOPMENT RESOLUTION OR ORDINANCE
2419-THAT APPLIES WITHIN A TRANSIT CENTER OR NEIGHBORHOOD CENTER THAT
2420-IS ADOPTED OR APPROVED BY A LOCAL GOVERNMENT BEFORE THE EFFECTIVE
2421-DATE OF THIS SUBSECTION
2422-(5.5) AND THAT RESTRICTS THE DEVELOPMENT OF
2423-HOUSING IN ANY MANNER THAT IS INCONSISTENT WITH THE REQUIREMENTS
2424-FOR DESIGNATING AN AREA AS A TRANSIT CENTER PURSUANT TO SECTION
2425-29-37-205, OR AS A NEIGHBORHOOD CENTER PURSUANT TO SECTION
2426-29-37-206:
2168+NY PLANNED UNIT DEVELOPMENT RESOLUTION OR4
2169+ORDINANCE THAT APPLIES WITHIN A TRANSIT CENTER OR NEIGHBORHOOD5
2170+CENTER THAT IS ADOPTED OR APPROVED BY A LOCAL GOVERNMENT6
2171+BEFORE THE EFFECTIVE DATE OF THIS SUBSECTION (5.5) AND THAT7
2172+RESTRICTS THE DEVELOPMENT OF HOUSING IN ANY MANNER THAT IS8
2173+INCONSISTENT WITH THE REQUIREMENTS FOR DESIGNATING AN AREA AS A9
2174+TRANSIT CENTER PURSUANT TO SECTION 29-35-205,
2175+ OR AS A10
2176+NEIGHBORHOOD CENTER PURSUANT TO SECTION 29-35-206:11
24272177 (I) M
2428-UST NOT BE INTERPRETED OR ENFORCED TO RESTRICT THE
2429-PAGE 45-HOUSE BILL 24-1313 DEVELOPMENT OF MULTIFAMILY RESIDENTIAL DWELLING UNITS SO THAT A
2430-TRANSIT
2431--ORIENTED COMMUNITY COULD NOT DESIGNATE AN AREA AS A
2432-TRANSIT CENTER OR NEIGHBORHOOD CENTER THAT WOULD OTHERWISE
2433-QUALIFY AS SUCH
2434-; AND
2435-(II) MAY BE SUPERSEDED BY THE ADOPTION OF A LOCAL LAW
2436-ADOPTED IN ACCORDANCE WITH THE REQUIREMENTS FOR DESIGNATION OF
2437-A TRANSIT CENTER PURSUANT TO SECTION
2438-29-37-205, OR AS A
2439-NEIGHBORHOOD CENTER PURSUANT TO SECTION
2440-29-37-206.
2178+UST NOT BE INTERPRETED OR ENFORCED TO RESTRICT THE12
2179+DEVELOPMENT OF MULTIFAMILY RESIDENTIAL DWELLING UNITS SO THAT13
2180+A TRANSIT-ORIENTED COMMUNITY COULD NOT DESIGNATE AN AREA AS A14
2181+TRANSIT CENTER OR NEIGHBORHOOD CENTER THAT WOULD OTHERWISE15
2182+QUALIFY AS SUCH; AND16
2183+(II) M
2184+AY BE SUPERSEDED BY THE ADOPTION OF A LOCAL LAW17
2185+ADOPTED IN ACCORDANCE WITH THE REQUIREMENTS FOR DESIGNATION OF18
2186+A TRANSIT CENTER PURSUANT TO SECTION 29-35-206, OR AS A19
2187+NEIGHBORHOOD CENTER PURSUANT TO SECTION 29-35-206
2188+.20
24412189 (c) N
2442-OTWITHSTANDING SUBSECTION (5.5)(b) OF THIS SECTION, A
2443-LOCAL GOVERNMENT MAY ADOPT CONFORMING AMENDMENTS TO ANY SUCH
2444-PLANNED UNIT DEVELOPMENT RESOLUTION OR ORDINANCE
2445-.
2190+OTWITHSTANDING SUBSECTION (5.5)(b) OF THIS SECTION, A21
2191+LOCAL GOVERNMENT MAY ADOPT CONFORMING AMENDMENTS TO ANY22
2192+SUCH PLANNED UNIT DEVELOPMENT RESOLUTION OR ORDINANCE .23
24462193 (d) A
2447-S USED IN THIS SUBSECTION (5.5), UNLESS THE CONTEXT
2448-OTHERWISE REQUIRES
2449-:
2194+S USED IN THIS SUBSECTION (5.5), UNLESS THE CONTEXT24
2195+OTHERWISE REQUIRES:25
24502196 (I) "L
2451-OCAL LAW" HAS THE SAME MEANING AS SET FORTH IN SECTION
2452-29-37-102 (12).
2453-(II) "N
2454-EIGHBORHOOD CENTER " HAS THE SAME MEANING AS SET
2455-FORTH IN SECTION
2456-29-37-202 (5).
2197+OCAL LAW" HAS THE SAME MEANING AS SET FORTH IN26
2198+SECTION 29-35-102 (12).
2199+27
2200+1313
2201+-59- (II) "NEIGHBORHOOD CENTER " HAS THE SAME MEANING AS SET1
2202+FORTH IN SECTION 29-35-202 (5).2
24572203 (III) "T
2458-RANSIT CENTER" HAS THE SAME MEANING AS SET FORTH IN
2459-SECTION
2460-29-37-202 (10).
2461-SECTION 3. In Colorado Revised Statutes, 29-20-203, add (1.5)
2462-as follows:
2204+RANSIT CENTER" HAS THE SAME MEANING AS SET FORTH IN3
2205+SECTION 29-35-202 (10).
2206+4
2207+SECTION 3. In Colorado Revised Statutes, 29-20-203, add (1.5)5
2208+as follows:6
24632209 29-20-203. Conditions on land-use approvals. (1.5) W
24642210 HEN
2465-REQUIRING AN OWNER OF PRIVATE PROPERTY TO DEDICATE REAL PROPERTY
2466-TO THE PUBLIC
2467-, IF THE SUBJECT PROPERTY DOES NOT MEET LOCAL
2468-GOVERNMENT STANDARDS FOR DEDICATI ON AS DETERMINED BY THE LOCAL
2469-GOVERNMENT
2470-, INCLUDING DEDICATION TO THE PARKS , TRAILS, OR OPEN
2471-SPACE SYSTEMS
2472-, A LOCAL GOVERNMENT SHALL PROVIDE THE PRIVATE
2473-PROPERTY OWNER THE OPTION OF PAYING A FEE IN LIEU OF DEDICATION
2474-.
2475-SECTION 4. In Colorado Revised Statutes, 38-33.3-106.5, add (5)
2476-as follows:
2477-PAGE 46-HOUSE BILL 24-1313 38-33.3-106.5. Prohibitions contrary to public policy - patriotic,
2478-political, or religious expression - public rights-of-way - fire prevention
2479-- renewable energy generation devices - affordable housing - drought
2480-prevention measures - child care - definitions. (5) (a) I
2481-N A TRANSIT
2482-CENTER OR NEIGHBORHOOD CENTER
2483-, AN ASSOCIATION SHALL NOT ADOPT A
2484-PROVISION OF A DECLARATION
2485-, BYLAW, OR RULE ON OR AFTER THE
2486-EFFECTIVE DATE OF THIS SUBSECTION
2487-(5) THAT RESTRICTS THE
2488-DEVELOPMENT OF HOUSING MORE THAN THE LOCAL LAW THAT APPLIES
2489-WITHIN THE TRANSIT CENTER OR NEIGHBORHOOD CENTER
2490-, AND ANY
2491-PROVISION OF A DECLARATION
2492-, BYLAW, OR RULE THAT INCLUDES SUCH A
2493-RESTRICTION IS VOID AS A MATTER OF PUBLIC POLICY
2494-.
2495-(b) I
2496-N A TRANSIT CENTER OR NEIGHBORHOOD CENTER , NO PROVISION
2497-OF A DECLARATION
2498-, BYLAW, OR RULE OF AN ASSOCIATION THAT IS ADOPTED
2499-BEFORE THE EFFECTIVE DATE OF THIS SUBSECTION
2500-(5) MAY RESTRICT THE
2501-DEVELOPMENT OF HOUSING MORE THAN THE LOCAL LAW THAT APPLIES
2502-WITHIN THE TRANSIT CENTER OR NEIGHBORHOOD CENTER
2503-, AND ANY
2504-PROVISION OF A DECLARATION
2505-, BYLAW, OR RULE THAT INCLUDES SUCH A
2506-RESTRICTION IS VOID AS A MATTER OF PUBLIC POLICY
2507-.
2211+7
2212+REQUIRING AN OWNER OF PRIVATE PROPERTY TO DEDICATE REAL8
2213+PROPERTY TO THE PUBLIC, IF THE SUBJECT PROPERTY DOES NOT MEET9
2214+LOCAL GOVERNMENT STANDARDS FOR DEDICATION AS DETERMINED BY10
2215+THE LOCAL GOVERNMENT, INCLUDING DEDICATION TO THE PARKS, TRAILS,11
2216+OR OPEN SPACE SYSTEMS, A LOCAL GOVERNMENT SHALL PROVIDE THE12
2217+PRIVATE PROPERTY OWNER THE OPTION OF PAYING A FEE IN LIEU OF13
2218+DEDICATION.14
2219+SECTION 4. In Colorado Revised Statutes, 38-33.3-106.5, add15
2220+(3) as follows:16
2221+38-33.3-106.5. Prohibitions contrary to public policy -17
2222+patriotic, political, or religious expression - public rights-of-way - fire18
2223+prevention - renewable energy generation devices - affordable19
2224+housing - drought prevention measures - child care - definitions.20
2225+(3) (a) I
2226+N A TRANSIT CENTER OR NEIGHBORHOOD CENTER , AN21
2227+ASSOCIATION SHALL NOT ADOPT A PROVISION OF A DECLARATION , BYLAW,22
2228+OR RULE ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (3) THAT23
2229+RESTRICTS THE DEVELOPMENT OF HOUSING MORE THAN THE LOCAL LAW24
2230+THAT APPLIES WITHIN THE TRANSIT CENTER OR NEIGHBORHOOD CENTER ,25
2231+AND ANY PROVISION OF A DECLARATION, BYLAW, OR RULE THAT INCLUDES26
2232+SUCH A RESTRICTION IS VOID AS A MATTER OF PUBLIC POLICY .27
2233+1313
2234+-60- (b) IN A TRANSIT CENTER OR NEIGHBORHOOD CENTER , NO1
2235+PROVISION OF A DECLARATION, BYLAW, OR RULE OF AN ASSOCIATION THAT2
2236+IS ADOPTED BEFORE THE EFFECTIVE DATE OF THIS SUBSECTION (3) MAY3
2237+RESTRICT THE DEVELOPMENT OF HOUSING MORE THAN THE LOCAL LAW4
2238+THAT APPLIES WITHIN THE TRANSIT CENTER OR NEIGHBORHOOD CENTER ,5
2239+AND ANY PROVISION OF A DECLARATION, BYLAW, OR RULE THAT INCLUDES6
2240+SUCH A RESTRICTION IS VOID AS A MATTER OF PUBLIC POLICY .7
25082241 (c) A
2509-S USED IN THIS SUBSECTION (5), UNLESS THE CONTEXT
2510-OTHERWISE REQUIRES
2511-:
2242+S USED IN THIS SUBSECTION (3), UNLESS THE CONTEXT8
2243+OTHERWISE REQUIRES:9
25122244 (I) "L
2513-OCAL LAW" HAS THE SAME MEANING AS SET FORTH IN SECTION
2514-29-37-102 (11).
2245+OCAL LAW" HAS THE SAME MEANING AS SET FORTH IN10
2246+SECTION 29-35-102 (11).11
25152247 (II) "N
2516-EIGHBORHOOD CENTER " HAS THE SAME MEANING AS SET
2517-FORTH IN SECTION
2518-29-37-202 (5).
2248+EIGHBORHOOD CENTER " HAS THE SAME MEANING AS SET12
2249+FORTH IN SECTION 29-35-202 (5).
2250+13
25192251 (III) "T
2520-RANSIT CENTER" HAS THE SAME MEANING AS SET FORTH IN
2521-SECTION
2522-29-37-202 (10).
2523-SECTION 5. In Colorado Revised Statutes, 43-1-1103, add (5.5)
2524-as follows:
2252+RANSIT CENTER" HAS THE SAME MEANING AS SET FORTH IN14
2253+SECTION 29-35-202 (10).
2254+15
2255+ 16
2256+SECTION 5. In Colorado Revised Statutes, 43-1-1103, add (5.5)17
2257+as follows:18
25252258 43-1-1103. Transportation planning. (5.5) T
2526-HE DEPARTMENT OF
2527-TRANSPORTATION SHALL CONDUCT A STUDY THAT IDENTIFIES
2528-:
2259+HE DEPARTMENT
2260+19
2261+OF TRANSPORTATION SHALL CONDUCT A STUDY THAT IDENTIFIES :20
25292262 (a) P
2530-OLICY BARRIERS AND OPPORTUNITIES WITHIN THE DEPARTMENT
2531-THAT INCLUDES AN EXAMINATION OF POLICIES WITHIN THE STATE ACCESS
2532-PAGE 47-HOUSE BILL 24-1313 CODE, ROADWAY DESIGN STANDARDS , AND THE TREATMENT OF PEDESTRIAN
2533-AND BICYCLE CROSSINGS
2534-. THE STUDY SHALL EXAMINE THE IMPACT OF THESE
2535-POLICIES ON NEIGHBORHOOD CENTERS AND TRANSIT CENTERS
2536-, INCLUDING
2537-THE IMPACT ON HOUSING PRODUCTION
2538-, THE IMPLEMENTATION OF
2539-CONTEXT
2540--SENSITIVE DESIGN, COMPLETE STREETS, AND PEDESTRIAN-BICYCLE
2541-SAFETY MEASURES
2542-; AND
2543-(b) THE PORTIONS OF STATE HIGHWAY THAT PASS THROUGH
2544-LOCALLY
2545--IDENTIFIED TRANSIT CENTERS AND NEIGHBOR HOOD CENTERS THAT
2546-ARE APPROPRIATE FOR CONTEXT
2547--SENSITIVE DESIGN, COMPLETE STREETS AS
2548-DEFINED IN THE
2549-"INFRASTRUCTURE INVESTMENT AND JOBS ACT", PUB.L.
2550-117-5,
2551- AND PEDESTRIAN-BICYCLE SAFETY MEASURES.
2552-SECTION 6. Appropriation. (1) For the 2024-25 state fiscal year,
2553-$183,138 is appropriated to the office of the governor for use by the
2554-Colorado energy office. This appropriation is from the general fund and is
2555-based on the assumption that the office will require an additional 0.8 FTE.
2556-To implement this act, the office may use this appropriation for program
2557-administration.
2558-(2) For the 2024-25 state fiscal year, $70,000 is appropriated to the
2559-office of the governor for use by the office of information technology. This
2560-appropriation is from reappropriated funds received from the department of
2561-local affairs from the transit-oriented communities infrastructure fund
2562-created in section 29-37-210 (8)(a)(I), C.R.S. To implement this act, the
2563-office may use this appropriation to provide information technology
2564-services for the department of local affairs.
2565-SECTION 7. Safety clause. The general assembly finds,
2566-determines, and declares that this act is necessary for the immediate
2567-PAGE 48-HOUSE BILL 24-1313 preservation of the public peace, health, or safety or for appropriations for
2568-the support and maintenance of the departments of the state and state
2569-institutions.
2570-____________________________ ____________________________
2571-Julie McCluskie Steve Fenberg
2572-SPEAKER OF THE HOUSE PRESIDENT OF
2573-OF REPRESENTATIVES THE SENATE
2574-____________________________ ____________________________
2575-Robin Jones Cindi L. Markwell
2576-CHIEF CLERK OF THE HOUSE SECRETARY OF
2577-OF REPRESENTATIVES THE SENATE
2578- APPROVED________________________________________
2579- (Date and Time)
2580- _________________________________________
2581- Jared S. Polis
2582- GOVERNOR OF THE STATE OF COLORADO
2583-PAGE 49-HOUSE BILL 24-1313
2263+OLICY BARRIERS AND OPPORTUNITIES WITHIN THE
2264+21
2265+DEPARTMENT THAT INCLUDES AN EXAMINATION OF POLICIES WITHIN THE22
2266+STATE ACCESS CODE , ROADWAY DESIGN STANDARDS , AND THE23
2267+TREATMENT OF PEDESTRIAN AND BICYCLE CROSSINGS . THE STUDY SHALL24
2268+EXAMINE THE IMPACT OF THESE POLICIES ON NEIGHBORHOOD CENTERS25
2269+AND TRANSIT CENTERS, INCLUDING THE IMPACT ON HOUSING PRODUCTION ,26
2270+THE IMPLEMENTATION OF CONTEXT -SENSITIVE DESIGN, COMPLETE27
2271+1313
2272+-61- STREETS, AND PEDESTRIAN-BICYCLE SAFETY MEASURES; AND1
2273+(b) T
2274+HE PORTIONS OF STATE HIGHWAY THAT PASS THROUGH
2275+2
2276+LOCALLY-IDENTIFIED TRANSIT CENTERS AND NEIGHBORHOOD CENTERS3
2277+THAT ARE APPROPRIATE FOR CONTEXT -SENSITIVE DESIGN, COMPLETE4
2278+STREETS AS DEFINED IN THE "INFRASTRUCTURE INVESTMENT AND JOBS5
2279+A
2280+CT", PUB.L. 117-5, AND PEDESTRIAN-BICYCLE SAFETY MEASURES.
2281+6
2282+SECTION 6. Appropriation. (1) For the 2024-25 state fiscal7
2283+year, $183,138 is appropriated to the office of the governor for use by the8
2284+Colorado energy office. This appropriation is from the general fund and9
2285+is based on the assumption that the office will require an additional 0.810
2286+FTE. To implement this act, the office may use this appropriation for11
2287+program administration.12
2288+(2) For the 2024-25 state fiscal year, $70,000 is appropriated to13
2289+the office of the governor for use by the office of information technology.14
2290+This appropriation is from reappropriated funds received from the15
2291+department of local affairs from the transit-oriented communities16
2292+infrastructure fund created in section 29-35-210 (8)(a)(I), C.R.S. To17
2293+implement this act, the office may use this appropriation to provide18
2294+information technology services for the department of local affairs.19
2295+SECTION 7. Safety clause. The general assembly finds,20
2296+determines, and declares that this act is necessary for the immediate21
2297+preservation of the public peace, health, or safety or for appropriations for22
2298+the support and maintenance of the departments of the state and state23
2299+institutions.24
2300+1313
2301+-62-