Colorado 2024 Regular Session

Colorado House Bill HB1366 Latest Draft

Bill / Introduced Version Filed 03/11/2024

                            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-