Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 24-0978.02 Pierce Lively x2059 HOUSE BILL 24-1366 House Committees Senate Committees Transportation, Housing & Local Government A BILL FOR AN ACT C ONCERNING SUSTAINABLE LOCAL GOVERNMENT COMMUNITY101 PLANNING.102 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov .) Section 1 of the bill requires state agencies to prioritize awarding grants that satisfy a list of criteria described in the bill. Sections 2 and 3 require, beginning January 1, 2025, upon updating a county or municipal master plan, a county or municipality (local government) to include a climate action element in its master plan. A climate action element must include climate-related goals, plans, or HOUSE SPONSORSHIP Froelich and Brown, SENATE SPONSORSHIP (None), Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. strategies and a description of any money from the federal, state, or a local government that a local government has received for the implementation of any of the plans or goals described in the climate action element. The bill requires a local government to provide the Colorado energy office (office) with the climate action element and then requires the office to deliver a copy of any climate element it receives to the department of local affairs, the Colorado department of transportation (CDOT), and any other state agency that the office determines. Section 4 requires CDOT to coordinate with metropolitan planning organizations to establish criteria that define growth corridors and identify these growth corridors. Having identified these growth corridors, the department and metropolitan planning organizations shall coordinate with local governments to develop transportation demand management plans for these growth corridors. Section 5 makes 2 changes related to the statewide transportation plan. First, the bill requires the statewide transportation plan to include: ! An examination of the impact of transportation decisions on land use patterns; ! The identification of highway segments where promotion of context-sensitive highway permitting and design can encourage the development of dense, walkable, and mixed-use neighborhoods in transit-oriented centers and neighborhood centers; and ! An emphasis on integrating planning efforts within CDOT to support multimodal transportation, neighborhood centers, and transit-oriented centers in infill areas as well as growth corridors through the associated transportation demand management corridor planning. Second, the bill requires CDOT to conduct a study in connection with the statewide transportation plan that identifies: ! Policy barriers and opportunities for the implementation of context-sensitive design, complete streets, and pedestrian-bicycle safety measures in locally-identified urban centers and neighborhood centers; and ! The portions of state highways that pass through locally identified transit-oriented centers and neighborhood centers that are candidates for context-sensitive design, complete streets, and pedestrian-bicycle safety measures. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, add article 1.3 to title2 HB24-1366-2- 24 as follows:1 ARTICLE 1.32 Prioritization Criteria For State Programs3 24-1.3-101. Prioritization criteria for state programs.4 (1) N OTWITHSTANDING ANY LAW TO THE CONTRARY , A STATE AGENCY5 SHALL PRIORITIZE AWARDING GRANTS THAT RESULT IN THE FOLLOWING ,6 IN ADDITION TO SATISFYING ANY OTHER RELEVANT CRITERIA :7 (a) I NCENTIVIZING EFFICIENT DEVELOPMENT PATTERNS THAT8 ALIGN WITH THE STATE'S CLIMATE AND AIR QUALITY GOALS , REDUCE9 ENERGY USE, CONSERVE WATER, AND LOWER INFRASTRUCTURE BURDENS ;10 (b) A DDRESSING WATER CHALLENGES BY ENCOURAGING ACTIONS11 OUTLINED IN THE COLORADO WATER PLAN TO INCREASE WATER12 CONSERVATION ACROSS SECTORS ; INCREASE WATER EFFICIENCY FOR13 HOUSEHOLDS BY ADVANCING WATER -EFFICIENT OUTDOOR LANDSCAPES ,14 SUPPORTING INFILL, AND WATERSHED HEALTH ; AND REDUCING WATER15 SUPPLY, TREATMENT, AND DISTRIBUTION INFRASTRUCTURE COSTS ;16 (c) R EDUCING DEVELOPMENT PRESSURES IN AGRICULTURAL AND17 OPEN SPACE AREAS AND DISCOURAGING SPRAWL ;18 (d) I NCENTIVIZING HOUSING DEVELOPMENT , PRODUCTION,19 PRESERVATION, AND STABILITY FOR EVERY BUDGET THAT WILL20 ACCOMMODATE EXPECTED POPULATION GROWTH ; ALIGN WITH LIMITS IN21 INFRASTRUCTURE AND RESOURCE AVAILABILITY ; AND PROVIDE HOUSING22 AFFORDABILITY, AVAILABILITY, AND ACCESSIBILITY;23 (e) P ROMOTING AND EXPANDING FREQUENT , RELIABLE, AND SAFE24 TRANSIT SERVICE THAT ALIGNS WITH HOUSING GOALS AND PRIORITIZES25 SAFE ACCESS TO TRANSIT AND PEOPLE'S DAILY NEEDS THROUGH COMPLETE26 STREETS;27 HB24-1366 -3- (f) ENSURING ADEQUATE AND SUSTAINABLE TRANSPORTATION1 INFRASTRUCTURE THAT SAFELY AND EFFICIENTLY ALLOWS ACCESS AND2 MOVEMENT AMONG COMMUNITIES ;3 (g) S UPPORTING ECONOMIC DEVELOPMENT IN DOWNTOWNS ,4 COMMERCIAL, MIXED-USE AREAS, INFILL DEVELOPMENT , AND5 REVITALIZATION EFFORTS;6 (h) I MPROVING ACCESS TO ECONOMIC MOBILITY BY PROVIDING7 MORE AFFORDABLE AND ATTAINABLE HOUSING TO RENT OR OWN OPTIONS8 AND TRANSPORTATION FOR PEOPLE CURRENTLY UNABLE TO AFFORD TO9 LIVE IN HIGH-OPPORTUNITY NEIGHBORHOODS WITH CONNECTION TO10 HIGH-QUALITY SERVICES THAT HELP PEOPLE ACHIEVE THEIR GOALS ;11 (i) E NSURING THAT STATE PROCESSES ARE EFFECTIVE AND12 EFFICIENT, RESPONSIVE TO COMMUNITY NEEDS , AND REDUCE PAPERWORK13 AND TIME BURDENS;14 (j) R EFORMING POLICIES THAT UNNECESSARILY DRIVE UP COSTS15 AND ADD BARRIERS TO PUBLIC INFRASTRUCTURE , TRANSPORTATION, AND16 LOCAL HOUSING DEVELOPMENT PROJECTS ; AND17 (k) C ONSIDERING THE CONTEXT OF DIFFERENT REGIONS AND18 COMMUNITIES ACROSS THE STATE , EMPOWERING AND PROMOTING LOCAL19 INITIATIVES AND IDEAS THAT LEAD TO STRATEGIC GROWTH AND20 RECOGNIZING THAT ALL COMMUNITIES HAVE UNIQUE NEEDS THAT OFTEN21 CALL FOR ADDITIONAL FLEXIBILITY , ESPECIALLY RURAL AND RURAL22 RESORT COMMUNITIES AND COMMUNITIES THAT ARE VULNERABLE TO23 DISPLACEMENT.24 SECTION 2. In Colorado Revised Statutes, 30-28-106, add (8)25 as follows:26 30-28-106. Adoption of master plan - contents - definitions.27 HB24-1366 -4- (8) (a) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION , ANY1 MASTER PLAN OF A COUNTY OR REGION THAT A BOARD OF COUNTY2 COMMISSIONERS ADOPTS ON OR AFTER JANUARY 1, 2025, MUST INCLUDE3 A CLIMATE ACTION ELEMENT . A CLIMATE ACTION ELEMENT MUST4 INCLUDE:5 (I) G OALS, PLANS, AND STRATEGIES RELATED TO THE FOLLOWING :6 (A) R EDUCING GREENHOUSE GAS POLLUTION ;7 (B) C ONVERTING MOTOR VEHICLES TO ELECTRIC MOTOR VEHICLES ;8 (C) S UPPORTING THE DEVELOPMENT OF ELECTRIC VEHICLE9 CHARGING INFRASTRUCTURE ;10 (D) R EDUCING EMISSIONS FROM WASTE THROUGH POLICIES AND11 PROGRAMS THAT INCREASE RECYCLING AND COMPOSTING , INCREASE12 WASTE DIVERSION RATES, AND REDUCE EMISSIONS FROM WASTE HAULING ;13 (E) R EDUCING PER CAPITA VEHICLE MILES TRAVELED THROUGH14 METHODS INCLUDING IMPROVEMENTS TO PUBLIC TRANSIT , IMPOSING15 VEHICLE MILES TRAVELED FEES , ENCOURAGING EMPLOYER COMMUTE16 PROGRAMS, AND DEVELOPING BICYCLE AND PEDESTRIAN17 INFRASTRUCTURE;18 (F) R EDUCING PER CAPITA VEHICLE MILES TRAVELED , BUILDING19 ENERGY USE, AND EMISSIONS FROM CONVERSION OF NATURAL AND20 WORKING LANDS BY UPDATING LOCAL LAND USE CODES TO ALLOW AND21 ENCOURAGE COMPACT DEVELOPMENT AND MINIMIZE GREENFIELD22 DEVELOPMENT;23 (G) P ROTECTING OR RESTORING THE TREE CANOPY ;24 (H) S UPPORTING RENEWABLE ENERGY DEVELOPMENT ;25 (I) R EDUCING EMISSIONS FROM THE BUILT ENVIRONMENT26 THROUGH METHODS INCLUDING ADOPTING ENERGY EFFICIENCY BUILDING27 HB24-1366 -5- CODES AND ENCOURAGING BUILDING ELECTRIFICATION ; AND1 (J) A NY OTHER CLIMATE-RELATED GOALS, PLANS, OR STRATEGIES;2 AND3 (II) A DESCRIPTION OF ANY MONEY FROM THE FEDERAL4 GOVERNMENT, THE STATE, OR A LOCAL GOVERNMENT THAT THE COUNTY5 OR REGION HAS RECEIVED FOR IMPLEMENTING A GOAL , PLAN, OR6 STRATEGY DESCRIBED IN SUBSECTION (8)(a)(I) OF THIS SECTION.7 (b) (I) U PON INCLUDING A CLIMATE ACTION ELEMENT IN A MASTER8 PLAN PURSUANT TO SUBSECTION (8)(a) OF THIS SECTION, A BOARD OF9 COUNTY COMMISSIONERS SHALL , IN A FORM AND MANNER DETERMINED BY10 THE OFFICE, PROVIDE THE LOCAL CLIMATE ACTION PLAN TO THE OFFICE .11 (II) U PON RECEIVING A LOCAL CLIMATE ACTION PLAN PURSUANT12 TO SUBSECTION (8)(b)(I) OF THIS SECTION, THE OFFICE SHALL DELIVER A13 COPY OF THE PLAN TO THE DEPARTMENT OF LOCAL AFFAIRS , THE14 DEPARTMENT OF TRANSPORTATION , AND ANY OTHER STATE AGENCY THAT15 THE OFFICE DETERMINES SHOULD RECEIVE IT .16 (c) A S USED IN THIS SUBSECTION (8), UNLESS THE CONTEXT17 OTHERWISE REQUIRES, "OFFICE" MEANS THE COLORADO ENERGY OFFICE18 CREATED IN SECTION 24-38.5-101.19 SECTION 3. In Colorado Revised Statutes, 31-23-206, add (8)20 as follows:21 31-23-206. Master plan - definitions. (8) (a) N OTWITHSTANDING22 ANY OTHER PROVISION OF THIS SECTION , ANY MASTER PLAN THAT A23 COMMISSION ADOPTS ON OR AFTER JANUARY 1, 2025, MUST INCLUDE A24 CLIMATE ACTION ELEMENT. A CLIMATE ACTION ELEMENT MUST INCLUDE :25 (I) G OALS, PLANS, AND STRATEGIES RELATED TO THE FOLLOWING :26 (A) R EDUCING GREENHOUSE GAS POLLUTION ;27 HB24-1366 -6- (B) CONVERTING MOTOR VEHICLES TO ELECTRIC MOTOR VEHICLES ;1 (C) S UPPORTING THE DEVELOPMENT OF ELECTRIC VEHICLE2 CHARGING INFRASTRUCTURE ;3 (D) R EDUCING EMISSIONS FROM WASTE THROUGH POLICIES AND4 PROGRAMS THAT INCREASE RECYCLING AND COMPOSTING , INCREASE5 WASTE DIVERSION RATES, AND REDUCE EMISSIONS FROM WASTE HAULING ;6 (E) R EDUCING PER CAPITA VEHICLE MILES TRAVELED THROUGH7 METHODS INCLUDING IMPROVEMENTS TO PUBLIC TRANSIT , IMPOSING8 VEHICLE MILES TRAVELED FEES , ENCOURAGING EMPLOYER COMMUTE9 PROGRAMS, AND DEVELOPING BICYCLE AND PEDESTRIAN10 INFRASTRUCTURE;11 (F) R EDUCING PER CAPITA VEHICLE MILES TRAVELED AND12 BUILDING ENERGY USE, AND REDUCING EMISSIONS FROM CONVERSION OF13 NATURAL AND WORKING LANDS , BY UPDATING LOCAL LAND USE CODES TO14 ALLOW AND ENCOURAGE COMPACT DEVELOPMENT AND MINIMIZE15 GREENFIELD DEVELOPMENT ;16 (G) P ROTECTING OR RESTORING THE TREE CANOPY ;17 (H) S UPPORTING RENEWABLE ENERGY DEVELOPMENT ;18 (I) R EDUCING EMISSIONS FROM THE BUILT ENVIRONMENT19 THROUGH METHODS INCLUDING ADOPTING ENERGY EFFICIENCY BUILDING20 CODES AND ENCOURAGING BUILDING ELECTRIFICATION ; AND21 (J) A NY OTHER CLIMATE-RELATED GOALS, PLANS, OR STRATEGIES;22 AND23 (II) A DESCRIPTION OF ANY MONEY FROM THE FEDERAL24 GOVERNMENT, THE STATE, OR A LOCAL GOVERNMENT THAT THE25 MUNICIPALITY HAS RECEIVED FOR IMPLEMENTING A GOAL , PLAN, OR26 STRATEGY DESCRIBED IN SUBSECTION (8)(a)(I) OF THIS SECTION.27 HB24-1366 -7- (b) (I) UPON INCLUDING A CLIMATE ACTION ELEMENT IN A MASTER1 PLAN PURSUANT TO SUBSECTION (8)(a) OF THIS SECTION, A COMMISSION2 SHALL, IN A FORM AND MANNER DETERMINED BY THE OFFICE , PROVIDE THE3 LOCAL CLIMATE ACTION PLAN TO THE OFFICE .4 (II) U PON RECEIVING A LOCAL CLIMATE ACTION PLAN PURSUANT5 TO SUBSECTION (8)(b)(I) OF THIS SECTION, THE OFFICE SHALL DELIVER A6 COPY OF THE PLAN TO THE DEPARTMENT OF LOCAL AFFAIRS , THE7 DEPARTMENT OF TRANSPORTATION , AND ANY OTHER STATE AGENCY THAT8 THE OFFICE DETERMINES SHOULD RECEIVE IT .9 (c) A S USED IN THIS SUBSECTION (8), UNLESS THE CONTEXT10 OTHERWISE REQUIRES, "OFFICE" MEANS THE COLORADO ENERGY OFFICE11 CREATED IN SECTION 24-38.5-101.12 SECTION 4. In Colorado Revised Statutes, add 43-1-132 as13 follows:14 43-1-132. Growth corridors - transportation demand15 management plan - definitions. (1) (a) O N OR BEFORE DECEMBER 31,16 2024, THE DEPARTMENT SHALL COORDINATE WITH METROPOLITAN17 PLANNING ORGANIZATIONS TO ESTABLISH CRITERIA THAT DEFINE GROWTH18 CORRIDORS THAT HAVE A SUBSTANTIAL AMOUNT OF NEW DEVELOPMENT19 AND ARE OUTSIDE OF 2020 CENSUS URBAN AREAS.20 (b) O N OR BEFORE APRIL 1, 2025, THE DEPARTMENT SHALL21 COORDINATE WITH METROPOLITAN PLANNING ORGANIZATIONS TO22 IDENTIFY GROWTH CORRIDORS THAT MEET THE CRITERIA ESTABLISHED23 PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION.24 (2) (a) O N OR BEFORE DECEMBER 31, 2026, THE DEPARTMENT AND25 RELEVANT METROPOLITAN PLANNING ORGANIZATIONS SHALL COORDINATE26 WITH APPLICABLE LOCAL GOVERNMENTS TO JOINTLY DEVELOP A27 HB24-1366 -8- TRANSPORTATION DEMAND MANAGEMENT PLAN FOR EACH GROWTH1 CORRIDOR IDENTIFIED PURSUANT TO SUBSECTION (1)(b) OF THIS SECTION.2 A FTER DEVELOPING A TRANSPORTATION DEMAND MANAGEMENT PLAN ,3 THE DEPARTMENT AND RELE VANT METROPOLITAN PL ANNING4 ORGANIZATIONS SHALL UPDATE THE TRANSPORTATION DEMAND5 MANAGEMENT PLAN EVERY FOUR YEARS .6 (b) A TRANSPORTATION DEMAND MANAGEMENT PLAN DEVELOPED7 OR UPDATED PURSUANT TO THIS SUBSECTION (2) MUST:8 (I) A LIGN WITH THE DEPARTMENT'S INTERCHANGE POLICIES;9 (II) I DENTIFY CORRIDOR-WIDE TRANSPORTATION DEMAND10 MANAGEMENT STRATEGIES THAT WOULD ALLOW NEW OR MODIFIED11 INTERCHANGES TO ACHIEVE A THREE PERCENT DAILY TRAFFIC REDUCTION12 ON THE INTERCHANGE RAMPS ;13 (III) I DENTIFY ALL POTENTIAL NEW OR MODIFIED INTERCHANGES14 WITHIN THE RELEVANT GROWTH CORRIDOR ; AND15 (IV) I DENTIFY EXISTING AND FUTURE LAND USE DEVELOPMENT16 THAT IMPACTS THE INTERCHANGES WITHIN THE RELEVANT GROWTH17 CORRIDOR, INCLUDING AREAS THAT MEET THE CRITERIA ESTABLISHED IN18 LAW FOR NEIGHBORHOOD CENTERS .19 (3) A S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE20 REQUIRES, "METROPOLITAN PLANNING ORGANIZATION " MEANS A21 METROPOLITAN PLANNING ORGANIZATION UNDER THE "FEDERAL TRANSIT22 A CT OF 1998", 49 U.S.C. SEC. 5301 ET SEQ., AS AMENDED.23 SECTION 5. In Colorado Revised Statutes, 43-1-1103, amend24 (5)(b) and (5)(i); and add (5)(k), (5)(l), and (5.5) as follows:25 43-1-1103. Transportation planning. (5) The department shall26 integrate and consolidate the regional transportation plans for the27 HB24-1366 -9- transportation planning regions into a comprehensive statewide1 transportation plan. The formation of the state plan shall be accomplished2 through a statewide planning process set by rules and regulations3 promulgated by the commission. The state plan shall address but shall not4 be limited to the following factors:5 (b) An emphasis on coordination with county and municipal land6 use planning, including examination of the impact of land use decisions7 on transportation needs, AN EXAMINATION OF THE IMPACT OF8 TRANSPORTATION DECISIONS ON LAND USE PATTERNS , and the AN9 exploration of opportunities for preservation of transportation corridors;10 (i) Effective, efficient, and safe freight transport; and11 (k) T HE IDENTIFICATION OF HIGHWAY SEGMENTS WHERE12 PROMOTION OF CONTEXT-SENSITIVE HIGHWAY PERMITTING AND DESIGN13 CAN ENCOURAGE THE DEVELOPMENT OF DENSE , WALKABLE, AND14 MIXED-USE NEIGHBORHOODS IN TRANSIT -ORIENTED CENTERS AND15 NEIGHBORHOOD CENTERS ; AND16 (l) A N EMPHASIS ON INTEGRATING PLANNING EFFORTS WITHIN THE17 DEPARTMENT OF TRANSPORTATION TO SUPPORT MULTIMODAL18 TRANSPORTATION, NEIGHBORHOOD CENTERS , AND TRANSIT-ORIENTED19 CENTERS IN INFILL AREAS AS WELL AS GROWTH CORRIDORS THROUGH THE20 ASSOCIATED TRANSPORTATION DEMAND MANAGEMENT CORRIDOR21 PLANNING.22 (5.5) I N ORDER TO INFORM THE NEXT STATE TRANSPORTATION23 PLAN CREATED PURSUANT TO SUBSECTION (5) OF THIS SECTION, THE24 DEPARTMENT SHALL CONDUCT A STUDY THAT IDENTIFIES :25 (a) P OLICY BARRIERS AND OPPORTUNITIES FOR THE26 IMPLEMENTATION OF CONTEXT -SENSITIVE DESIGN, COMPLETE STREETS,27 HB24-1366 -10- AND PEDESTRIAN-BICYCLE SAFETY MEASURES IN LOCALLY -IDENTIFIED1 URBAN CENTERS AND NEIGHBORHOOD CENTERS ; AND2 (b) T HE PORTIONS OF STATE HIGHWAY THAT PASS THROUGH3 LOCALLY-IDENTIFIED TRANSIT-ORIENTED CENTERS AND NEIGHBORHOOD4 CENTERS THAT ARE CANDIDATES FOR CONTEXT -SENSITIVE DESIGN,5 COMPLETE STREETS, AND PEDESTRIAN-BICYCLE SAFETY MEASURES.6 SECTION 6. Act subject to petition - effective date. This act7 takes effect at 12:01 a.m. on the day following the expiration of the8 ninety-day period after final adjournment of the general assembly; except9 that, if a referendum petition is filed pursuant to section 1 (3) of article V10 of the state constitution against this act or an item, section, or part of this11 act within such period, then the act, item, section, or part will not take12 effect unless approved by the people at the general election to be held in13 November 2024 and, in such case, will take effect on the date of the14 official declaration of the vote thereon by the governor.15 HB24-1366 -11-