House Journal, April 21
30 HB23-1017 be amended as follows, and as so amended, be referred to
31 the Committee of the Whole with favorable
32 recommendation:
33
34 Amend printed bill, page 3, line 1, strike "SYSTEM TO:" and substitute
35 "SYSTEM:".
36
37 Page 3, strike lines 2 through 4.
38
39 Renumber succeeding subparagraphs accordingly.
40
41 Page 3, line 5, strike "POPULATE" and substitute "TO POPULATE".
42
43 Page 3, strike lines 9 through 13 and substitute:
44
45 "(II) BY DEVELOPING A SIMPLIFIED USER INTERFACE FOR FILING
46 RETURNS AS AN ALTERNATIVE TO THE CURRENT SPREADSHEET METHOD,
47 AND, IN DOING SO, THE DEPARTMENT SHALL TAKE INTO CONSIDERATION
48 THE FEATURES OF OTHER SALES AND USE TAX FILING INTERFACES THAT
49 HAVE FAVORABLE USER RECOMMENDATIONS;".
50
51 Renumber succeeding subparagraphs accordingly.
52
53 Page 3, line 14, strike "PROVIDE" and substitute "TO PROVIDE".
54
55 Page 3, line 15, after "FILES;" add "AND".
1 Page 3, strike line 16.
2
3 Page 3, line 17, strike "INCLUDE:" and substitute "TO INCLUDE:".
4
5 Renumber succeeding subparagraph accordingly.
6
7 Page 3, strike lines 18 through 22.
8
9 Reletter succeeding sub-subparagraphs accordingly.
10
11 Page 4, strike lines 4 through 11.
12
13 Reletter succeeding paragraph accordingly.
14
15 Page 4, line 18, strike "(2)(f)." and substitute "(2)(e).".
16
17 Page 5, after line 8 insert:
18
19 "SECTION 2. Appropriation. For the 2023-24 state fiscal year,
20 $5,445,751 is appropriated to the department of revenue for use by the
21 taxation business group. This appropriation is from the general fund. To
22 implement this act, the department may use this appropriation for tax
23 administration IT system (GenTax) support.".
24
25 Renumber succeeding section accordingly.
26
27 Page 1, line 102, strike "SYSTEM." and substitute "SYSTEM, AND, IN
28 CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
29
30

Senate Journal, May 4
After consideration on the merits, the Committee recommends that HB23-1017 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 4, strike lines 24 though 27 and substitute:

"SECTION 2. Appropriation. (1) For the 2023-24 state fiscal year,
$5,445,751 is appropriated to the department of revenue. This appropriation is
from the general fund. To implement this act, the department may use this
appropriation as follows:
(a) $52,500 to the executive director's office for personal services
related to administration and support;
(b) $200,000 to the executive director's office for operating expenses
related to administration and support;
(c) $5,123,726 for operating expenses related to taxation services; and
(d) $69,525 for tax administration IT system (GenTax) support.".

Page 5, strike line 1.


Appro-
priations

House Journal, April 19
48 Amend printed bill page 9, after line 17 insert:
49
50 "SECTION 8. Appropriation. (1) For the 2023-24 state fiscal
51 year, $731,640 is appropriated to the department of labor and employment
52 for use by the division of workers' compensation. This appropriation is
112 53 from the workers' compensation cash fund created in section 8-44-
54 (7)(a), C.R.S. To implement this act, the division may use this
55 appropriation as follows:
1 (a) $661,620 for personal services related to workers'
2 compensation, which amount is based on an assumption that the division
3 will require an additional 7.4 FTE; and
4 (b) $70,020 for operating expenses related to workers'
5 compensation.".
6
7 Renumber succeeding section accordingly.
8
9 Page 1, line 108, strike "AND".
10
11 Page 1, line 109, strike "UNREASONABLE." and substitute
12 "UNREASONABLE, AND MAKING AN APPROPRIATION.".

House Journal, February 10
42 HB23-1078 be amended as follows, and as so amended, be referred to
43 the Committee on Appropriations with favorable
44 recommendation:
45
46 Amend printed bill, page 4, line 2, strike "2025," and substitute "2026,".
47
48 Page 4, line 12, strike "2026," and substitute "2027,".
49
50 Page 4, line 20, strike "2026," and substitute "2027,".
51
52 Page 6, line 23, strike "2025," and substitute "2026,".
53
54

House Journal, April 19
20 Amend printed bill, page 7, after line 7 insert:
21
22 "SECTION 5. Appropriation. For the 2023-24 state fiscal year,
23 $655,530 is appropriated to the department of labor and employment for
24 use by the division of unemployment insurance. This appropriation is
25 from the employment support fund created in section 8-77-109 (1)(b),
26 C.R.S., and is based on an assumption that the division will require an
27 additional 1.2 FTE. To implement this act, the division may use this
28 appropriation for program costs.".
29
30 Renumber succeeding section accordingly.
31
32 Page 1, line 102, strike "COMPENSATION." and substitute
33 "COMPENSATION, AND, IN CONNECTION THEREWITH, MAKING AN
34 APPROPRIATION.".

House Journal, March 30
5 HB23-1194 be amended as follows, and as so amended, be referred to
6 the Committee on Appropriations with favorable
7 recommendation:
8
9 Amend printed bill, page 4, line 4, after the semicolon add "and".
10
11 Page 4, strike lines 5 through 8.
12
13 Reletter succeeding paragraph accordingly.
14
15 Page 4, strike lines 13 through 20 and substitute "interests of the state to
16 create the closed landfill remediation grant program to assist local
17 governments in financing closed landfill remediation costs.".
18
19 Page 5, line 21, strike "AGENCY;" and substitute "AGENCY AND THE
20 DEPARTMENT;".
21
22 Page 5, strike lines 26 and 27 and substitute:
23
24 "(V) ARTICLE 15 OF TITLE 25 CONCERNING HAZARDOUS WASTE; OR
25 (VI) THE FEDERAL "RESOURCE CONSERVATION AND RECOVERY".
26
27 Page 6, strike lines 3 and 4 and substitute "ACCEPTS NEW WASTE FOR
28 DISPOSAL.".
29
30 Page 6, line 10, strike "AGENCY;" and substitute "AGENCY AND FOR WHICH
31 THE LOCAL GOVERNMENT IS SOLELY FINANCIALLY RESPONSIBLE FOR
32 CLOSURE AND POST-CLOSURE CARE;".
33
34 Page 6, strike lines 22 and 23 and substitute:
35
36 "(h) (I) "LANDFILL" MEANS A DISCRETE AREA OF LAND OR AN
37 EXCAVATION WHERE SOLID WASTES ARE PLACED FOR FINAL DISPOSAL.
38 (II) "LANDFILL" INCLUDES:
39 (A) AN ASH MONOFILL;
40 (B) A CONSTRUCTION AND DEMOLITION WASTE LANDFILL;
41 (C) AN INDUSTRIAL LANDFILL;
42 (D) A SANITARY LANDFILL;
43 (E) A TIRE MONOFILL; AND
44 (F) ANY SIMILAR FACILITY WHERE FINAL DISPOSAL OF SOLID
45 WASTE OCCURS.
46 (III) "LANDFILL" DOES NOT INCLUDE A LAND APPLICATION UNIT,
47 A WASTE IMPOUNDMENT, OR A WASTE PILE.".
48
49 Page 7, line 6, strike "JANUARY 1," and substitute "JULY 1,".
50
51 Page 8, line 6, strike "PLANS;" and substitute "PLANS, INCLUDING
52 DOCUMENT REVIEW AND ACTIVITY FEES IN ACCORDANCE WITH RULES
53 PROMULGATED BY THE COMMISSION;".
54
55
1 Page 8, strike lines 18 through 22 and substitute "SHALL GIVE PRIORITY TO
2 MITIGATING THE RISKS POSED BY SOLID WASTE IN ACCORDANCE WITH
3 SECTION 30-20-101.5 (2) AND RULES PROMULGATED BY THE COMMISSION
4 CONCERNING THE MANAGEMENT OF SOLID WASTE.".
5
6 Page 8, line 27, strike "NOVEMBER 1, 2023," and substitute "MAY 1,
7 2024,".
8
9 Page 9, strike lines 2 and 3 and substitute:
10
11 "(I) TWO MEMBERS REPRESENTING LOCAL GOVERNMENTS;
12 (II) TWO MEMBERS REPRESENTING THE DEPARTMENT; AND
13 (III) ONE MEMBER WITH TECHNICAL EXPERTISE WHO IS NOT".
14
15 Page 9, strike lines 10 through 12 and substitute:
16
17 "(II) ONE OF THE MEMBERS INITIALLY APPOINTED PURSUANT TO
18 SUBSECTION (6)(a)(II) OF THIS SECTION SERVES AN INITIAL TERM OF TWO
19 YEARS.".
20
21 Page 9, line 15, strike "NOVEMBER 1, 2023," and substitute "JUNE 1,
22 2024,".
23
24 Page 10, after line 6 insert:
25
26 "(I) BEFORE FINALIZING ANY DECISION TO AWARD OR DENY A
27 GRANT, INTERVIEW AN OFFICIAL OF THE APPLICANT ELIGIBLE LOCAL
28 GOVERNMENT WHO IS FAMILIAR WITH THE CLOSED LANDFILL SITE THAT IS
29 THE BASIS OF THE GRANT APPLICATION;".
30
31 Renumber succeeding subparagraphs accordingly.
32
33 Page 10, line 19, after the semicolon add "AND".
34
35 Page 10, strike lines 20 through 27.
36
37 Renumber succeeding subparagraph accordingly.
38
39 Page 11, strike lines 4 through 11 and substitute "ACTIVITIES THAT ARE
40 THE BASIS OF THE GRANT APPLICATION, AND CONSIDER GIVING PRIORITY
41 TO GRANT APPLICATIONS RECEIVED FROM ELIGIBLE LOCAL GOVERNMENTS
42 BASED ON EXPENSES OCCURRED TO DATE BY THE ELIGIBLE LOCAL
43 GOVERNMENTS IN ATTEMPTING TO IMPLEMENT THE REMEDIATION THAT IS
44 THE BASIS OF THEIR GRANT APPLICATIONS.
45 (B) IN MAKING THE CONSIDERATIONS DESCRIBED IN SUBSECTION
46 (7)(b)(III)(A) OF THIS SECTION, CONSIDER WHETHER CERTAIN ELIGIBLE
47 LOCAL GOVERNMENTS SHOULD BE REQUIRED TO CONTRIBUTE A LOWER
48 AMOUNT OR PERCENTAGE OF MATCHING FUNDS THAN OTHER ELIGIBLE
49 LOCAL GOVERNMENTS BASED ON POPULATION, AS DETERMINED".
50
51 Page 11, line 19, after the semicolon add "AND".
52
53 Page 11, strike lines 20 and 21.
54
55 Renumber succeeding subparagraph accordingly.
56
1 Page 12, strike lines 9 through 11 and substitute "COMMISSION, AND THE
2 ADVISORY COMMITTEE.".
3
4 Page 12, strike line 21 and substitute "FEBRUARY 1, 2026, AND ON OR
5 BEFORE FEBRUARY 1 EVERY THREE YEARS".
6
7 Page 12, line 25, after "Report." insert "(a)".
8
9 Page 13, line 4, strike "(a)" and substitute "(I)".
10
11 Page 13, line 5, strike "(b)" and substitute "(II)".
12
13 Page 13, line 7, strike "(c)" and substitute "(III)".
14
15 Page 13, line 9, strike "(d)" and substitute "(IV)".
16
17 Page 13, line 11, strike "(e)" and substitute "(V)".
18
19 Page 13, line 13, strike "(f)" and substitute "(VI)".
20
21 Page 13, after line 14 insert:
22
23 "(b) THE DEPARTMENT MAY INCLUDE THE REPORT DESCRIBED IN
24 SUBSECTION (10)(a) OF THIS SECTION IN THE DEPARTMENT'S ANNUAL
25 REPORT TO THE COMMITTEES OF REFERENCE OF THE GENERAL ASSEMBLY
26 PURSUANT TO SECTION 30-20-122 (1)(b).".
27
28 Strike pages 14 through 18.
29
30 Page 19, strike lines 1 through 15.
31
32 Renumber succeeding sections accordingly.
33
34 Page 1, strike lines 104 through 110 and substitute "PROGRAM.".
35
36

House Journal, March 9
30 HB23-1210 be amended as follows, and as so amended, be referred to
31 the Committee on Appropriations with favorable
32 recommendation:
33
34 Amend printed bill page 2, line 2, after "24-38.5-116," insert "amend
35 (3)(b)(III); and".
36
37 Page 2, after line 8 insert:
38
39 "(III) Develop criteria for awarding money under the grant
40 program, which criteria must include CONSIDERING STATEWIDE CARBON
41 MANAGEMENT PRIORITIES AS DETERMINED IN THE CARBON MANAGEMENT
42 ROADMAP CREATED IN SECTION 24-38.5-119 AND giving priority for
43 voluntary projects located in:".
44
45 Page 3, line 4, strike "COMBINATION".
46
47 Page 3, line 11, after "CARBON" insert "SEQUESTRATION OR".
48
49 Page 4, line 6, after "ORGANIZATIONS" insert "THAT DO NOT HAVE A
50 CLEAR CONFLICT OF INTEREST, HAVE NOT ACTIVELY LOBBIED FOR OR
51 AGAINST CARBON MANAGEMENT IN THE LAST FIVE YEARS, AND" and strike
52 "ALL OF".
53
54 Page 4, line 20, strike "AND".
55
56
1 Page 4, line 23, strike "APPLICATIONS." and substitute "APPLICATIONS;
2 AND".
3
4 Page 4, after line 23 insert:
5
6 "(III) EXPERTISE IN CARBON AND GREENHOUSE GAS EMISSIONS
7 ACCOUNTING AND VERIFICATION.".
8
9 Page 5, line 1, strike "DEVELOPMENT," and substitute "DEVELOPMENT AND
10 THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT,".
11
12 Page 5, line 5, strike "OFFICE AND" and substitute "OFFICE,".
13
14 Page 5, line 6, strike "DEVELOPMENT." and substitute "DEVELOPMENT,
15 AND THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT." and after
16 "SHALL" insert "HOLD AT LEAST ONE PUBLIC HEARING TO".
17
18 Page 5, line 7, strike "ROADMAP." and substitute "ROADMAP AND INVITE
19 COMMENT ON THE ROADMAP'S ENVIRONMENTAL HEALTH IMPACTS,
20 INCLUDING LIFE CYCLE EMISSIONS ANALYSES OF CARBON MANAGEMENT
21 PROJECTS IDENTIFIED BY THE ROADMAP AND EFFECTS ON
22 DISPROPORTIONATELY IMPACTED COMMUNITIES.".
23
24 Page 5, strike lines 19 and 20 and substitute:
25
26 "(3) THE ROADMAP MUST IDENTIFY:".
27
28 Page 5, line 25, strike "QUALIFIED ORGANIZATION" and substitute
29 "ROADMAP".
30
31 Page 6, line 6, strike "AND".
32
33 Page 6, line 7, after "WORKFORCE;" insert "AND
34 (IX) ELECTRICITY GENERATION;".
35
36 Page 6, line 10, strike "STORAGE;" and substitute "STORAGE, AS
37 MEASURED BY METRICS PROPOSED IN THE ROADMAP;".
38
39 Page 6, line 13, strike "MINIMIZE" and substitute "REDUCE".
40
41 Page 6, strike lines 26 and 27.
42
43 Page 7, strike line 1 and substitute "IN CARBON MANAGEMENT BY
44 APPLYING GAP FUNDING OR OTHER SUPPORT FOR CARBON MANAGEMENT
45 PROJECTS INVOLVING PRIVATE SECTOR PROVIDERS AND BUYERS, BY
46 IDENTIFYING RELEVANT PUBLIC, PRIVATE, AND NONPROFIT PROJECT
47 FUNDING SOURCES, AND BY PRIORITIZING FUNDING FOR PROJECTS THAT
48 ARE INELIGIBLE FOR FUNDING UNDER THE INDUSTRIAL AND
49 MANUFACTURING OPERATIONS CLEAN AIR GRANT PROGRAM CREATED IN
50 SECTION 24-38.5-116 (3)(a);
51 (E) REDUCE RISKS TO HEALTH, OPPORTUNITY, AND QUALITY OF
52 LIFE, INCLUDING A FOCUS ON REDUCING RISK IN DISPROPORTIONATELY
53 IMPACTED COMMUNITIES; AND".
54
55 Reletter succeeding sub-subparagraph accordingly.
56
1 Page 7, strike lines 3 through 6.
2
3 Page 7, after line 6 insert:
4
5 "(II) THE ROADMAP MUST RECOMMEND THE STATE AGENCY BEST
6 POSITIONED TO CARRY OUT CARBON MANAGEMENT POLICIES, INCLUDING
7 CARBON ACCOUNTING;".
8
9 Page 7, strike line 7 and substitute:
10
11 "(d) THE STATE AGENCY BEST POSITIONED TO CARRY OUT A
12 POTENTIAL POLICY REGIME OF CARBON MANAGEMENT, INCLUDING CARBON
13 ACCOUNTING;
14 (e) RECOMMENDATIONS ON POTENTIAL PUBLIC INTEREST POLICIES
15 INCLUDING:".
16
17 Reletter succeeding subparagraphs accordingly.
18
19 Page 7, line 20, before "DISPROPORTIONATELY" insert "COMMUNITIES,
20 INCLUDING" and strike "COMMUNITIES" and substitute "COMMUNITIES,".
21
22 Page 7, line 26, strike "AND".
23
24 Page 7, after line 26 insert:
25
26 "(C) CARBON MANAGEMENT FUNDING IS NOT USED TO SUPPORT
27 FOSSIL FUEL PROJECTS WITHOUT VERIFIED EMISSIONS AND POLLUTION
28 REDUCTION POTENTIAL, FOSSIL FUEL PROJECTS WHICH ALLOW FOR
29 INCREASED LIFETIME EMISSIONS, OR FOSSIL FUEL PROJECTS THAT INCREASE
30 THE LIFETIME NEGATIVE ENVIRONMENTAL IMPACT OF A GIVEN FACILITY;
31 AND".
32
33 Reletter succeeding sub-subparagraph accordingly.
34
35 Page 8, line 1, strike "LABOR," and substitute "LABOR ORGANIZATIONS,"
36 and after "GROUPS," insert "PUBLIC HEALTH AGENCIES,".
37
38 Page 8, line 3, strike "CRITERIA" and substitute "POTENTIAL CRITERIA".
39
40 Page 8, line 8, after "RECLAIMED MINING," insert "ENERGY,".
41
42 Page 8, strike lines 9 and 10.
43
44 Reletter succeeding sub-subparagraphs accordingly.
45
46 Page 8, strike lines 16 through 24 and substitute:
47 "(II) ASSESSING THE VERIFIABLE COUNTERFACTUAL REDUCTION IN
48 ATMOSPHERIC CARBON OVER A PROJECT'S LIFE CYCLE AND PRIORITIZING
49 PROJECTS THAT ARE PROJECTED TO HAVE THE GREATEST AND MOST
50 DURABLE IMPACT, EITHER THROUGH THE REDUCTION OF GREENHOUSE GAS
51 EMISSIONS TO MEET THE STATE'S GREENHOUSE GAS EMISSION REDUCTION
52 GOALS, ATMOSPHERIC REMOVAL, OR RELIABLE CARBON STORAGE; AND".
53
54 Page 9, line 9, after "CAPTURED," insert "EMITTED,".
55
56 Page 9, line 11, strike "AND".
1 Page 9, after line 13 insert:
2
3 "(III) PROVIDING INPUT ON CARBON MANAGEMENT FOR THE
4 GREENHOUSE GAS POLLUTION REDUCTION ROADMAP; AND".
5
6 Page 9, line 21, after "INFRASTRUCTURE," insert "PROJECTED ENERGY
7 NEEDS,".
8
9 Page 9, line 27, after "GOVERNMENTS." add "THE OFFICE SHALL WORK
10 WITH OTHER STATE AGENCIES AS APPROPRIATE IN ORDER TO ENSURE THAT
11 THE ROADMAP FUNCTIONS IN CONCERT WITH OTHER STATE TARGETS,
12 TEAMS, AND DOCUMENTS, INCLUDING THE GREENHOUSE GAS POLLUTION
13 REDUCTION ROADMAP, GREENHOUSE GAS ACCOUNTING MEASURES, AND
14 THE COLORADO CARBON CAPTURE AND GEOLOGICAL SEQUESTRATION
15 TASK FORCE REPORT.".
16
17 Page 10, line 3, strike "STAKEHOLDER".
18
19 Page 10, line 11, after "TRIBAL" insert "AND LOCAL".
20
21 Page 10, line 12, strike "LEADERS." and substitute "LEADERS, INCLUDING
22 COMMUNITY LEADERS FROM DISPROPORTIONATELY IMPACTED
23 COMMUNITIES.".
24
25 Page 10, strike line 23.
26
27 Page 10, line 25, strike "DESIGNEE." and substitute "DESIGNEE; AND
28 (IX) THE AIR POLLUTION AND CONTROL DIVISION.".
29
30 Page 11, after line 8 insert:
31 "(8) THIS SECTION AND THE ROADMAP CREATED PURSUANT TO THIS
32 SECTION DO NOT PREVENT PUBLIC AND PRIVATE ACTORS FROM ADVANCING
33 THEIR OWN PROJECTS UNDER EXISTING RULES AND REGULATIONS.".
34
35

House Journal, April 21
8 Amendment No. 1, Energy & Environment Report, dated March 9, 2023,
9 and placed in member's bill file; Report also printed in House Journal,
10 March 9, 2023.
11
12 Amendment No. 2, by Representative Dickson:
13
14 Amend the Energy and Environment Committee Report, dated March 9,
15 2023, page 1, line 6, after "PRIORITIES" insert "INCLUDING COMMUNITY
16 AND HEALTH PROTECTIONS AND REQUIRING PROJECT DATA REPORTING".
17
18 Page 1 of the report, after line 10 insert:
19
20 "Page 3 of the printed bill, strike lines 18 through 21 and substitute:
21
22 "(b) "ENHANCED OIL RECOVERY" MEANS ALL EXISTING AND
23 POTENTIAL TECHNOLOGY TO RECOVER OIL BEYOND TRADITIONAL PRIMARY
24 METHODS, INCLUDING THE USE OF CARBON DIOXIDE OR OTHER FLUIDS TO
25 INCREASE THE ULTIMATE RECOVERY OF HYDROCARBON.".".
26
27 Page 4 of the report, strike line 1.
28
29 Page 4 of the report, strike line 12 and substitute:
30
31 "Page 9 of the bill, line 9, strike "CARBON" and substitute "CARBON,
32 CARBON DIOXIDE, AND CO-POLLUTANTS" and after "CAPTURED," insert
33 "EMITTED,".".
34
35 Amendment No. 3, by Representative Holtorf:
36
37 Amend printed bill, page 4, after line 20 insert:
38
39 "(L) AGRICULTURE PRODUCTION CARBON CAPTURE AND
40 REMOVAL;".
41
42 As amended, ordered engrossed and placed on the Calendar for Third
43 Reading and Final Passage.
44

Senate Journal, May 2
After consideration on the merits, the Committee recommends that HB23-1210 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 12, after line 27 insert:

"SECTION 3. Appropriation. For the 2023-24 state fiscal year,
$135,533 is appropriated to the office of the governor for use by the Colorado
energy office. This appropriation is from the general fund and is based on an
assumption that the office will require an additional 0.4 FTE. To implement this
act, the office may use this appropriation for program administration.".

Renumber succeeding section accordingly.

Page 1, line 104, strike "PROGRAM AND" and substitute "PROGRAM,".

Page 1, line 106, strike "ROADMAP." and substitute "ROADMAP, AND MAKING
AN APPROPRIATION.".

House Journal, March 30
13 HB23-1233 be amended as follows, and as so amended, be referred to
14 the Committee of the Whole with favorable
15 recommendation:
16
17 Amend printed bill, page 3, after line 3 insert:
18
19 "(a) Colorado has adopted economy-wide greenhouse gas
20 emission goals of, at minimum, a 26% reduction by 2025, a 50%
21 reduction by 2030, and a 90% reduction by 2050;
22 (b) The governor's "Colorado Greenhouse Gas Pollution
23 Reduction Roadmap", released on January 14, 2021, identified
24 transportation as a leading source of greenhouse gas pollution and
25 identified vehicle electrification as a key strategy for reducing greenhouse
26 gas pollution from the transportation sector;
27 (c) The general assembly has already declared, in SB19-077, that
28 widespread adoption of electric vehicles should provide consumers with
29 fuel cost savings and electric utility customers with potential cost-savings
30 benefits;".
31
32 Reletter succeeding paragraphs accordingly.
33
34 Page 4, line 19, strike "JANUARY" and substitute "MARCH".
35
36 Page 4, strike lines 20 through 27.
37
38 Page 5, strike line 1 and substitute "APPLICANT MUST COMPLY WITH THE
39 EV POWER TRANSFER INFRASTRUCTURE REQUIREMENTS FOR MULTIFAMILY
40 BUILDINGS IN THE MODEL ELECTRIC READY AND SOLAR READY CODE.
41 (b) (I) IF THE RULES ADOPTED IN ACCORDANCE WITH THIS
42 SUBSECTION (3) CONFLICT WITH A PROVISION OF THE BUILDING OR ZONING
43 CODE, THE RULES PREVAIL UNLESS THE PROVISION PROVIDES FOR GREATER
44 ACCESS TO PARKING SUPPLIED BY EV POWER TRANSFER INFRASTRUCTURE
45 THAN IS REQUIRED BY THE RULES.
46 (II) IF A PROVISION OF A LOCAL BUILDING OR ZONING CODE
47 PREVENTS A PROJECT OR DEVELOPMENT FROM COMPLYING WITH THE
48 RULES ADOPTED IN ACCORDANCE WITH THIS SUBSECTION (3), THEN THE
49 RULES PREVAIL.".
50
51 Page 5, strike lines 4 through 6 and substitute "BUILDINGS THAT MUST
52 COMPLY WITH THE EV POWER TRANSFER INFRASTRUCTURE REQUIREMENTS
53 OF THE MODEL ELECTRIC READY AND SOLAR READY CODE.".
54
55 Page 5, line 9, strike "JANUARY" and substitute "MARCH".
56
1 Page 5, after line 9 insert:
2
3 (III) IF AN ELECTRICAL PERMIT APPLICATION IS SUBMITTED TO A
4 LOCAL ELECTRICAL INSPECTION AUTHORITY BEFORE THE ENFORCEMENT
5 DATE IN SUBSECTION (3)(c)(II) OF THIS SECTION BUT AN ELECTRICAL
6 PERMIT HAS NOT YET BEEN ISSUED, THE LOCAL ELECTRICAL INSPECTION
7 AUTHORITY MAY DETERMINE HOW TO APPLY THE REQUIREMENTS OF THE
8 RULES DEVELOPED IN ACCORDANCE WITH SUBSECTION (3)(a) OF THIS
9 SECTION.".
10
11 Page 5, strike lines 14 through 19 and substitute:
12
13 "(II) "EV POWER TRANSFER INFRASTRUCTURE" MEANS ANY
14 SYSTEM THAT IS USED TO CHARGE ELECTRIC VEHICLES AND THAT IS
15 ADDRESSED IN OR REQUIRED BY THE MODEL ELECTRIC READY AND SOLAR
16 READY CODE.
17 (III) "MAJOR RENOVATIONS" MEANS RENOVATIONS THAT CHANGE
18 A MINIMUM OF FIFTY PERCENT OR MORE OF THE PARKING AREA.".
19
20 Renumber succeeding subparagraph accordingly.
21
22 Page 8, after line 22 insert:
23
24 "(I) COLORADO HAS ADOPTED ECONOMY-WIDE GREENHOUSE GAS
25 EMISSION GOALS OF, AT MINIMUM, A TWENTY-SIX PERCENT REDUCTION BY
26 2025, A FIFTY PERCENT REDUCTION BY 2030, AND A NINETY PERCENT
27 REDUCTION BY 2050;
28 (II) THE GOVERNOR'S "COLORADO GREENHOUSE GAS POLLUTION
29 REDUCTION ROADMAP", RELEASED ON JANUARY 14, 2021, IDENTIFIED
30 TRANSPORTATION AS A LEADING SOURCE OF GREENHOUSE GAS POLLUTION
31 AND IDENTIFIED VEHICLE ELECTRIFICATION AS A KEY STRATEGY FOR
32 REDUCING GREENHOUSE GAS POLLUTION FROM THE TRANSPORTATION
33 SECTOR;".
34
35 Renumber succeeding subparagraphs accordingly.
36
37 Page 8, line 23, strike "POLLUTION" and substitute "POLLUTION,
38 INCLUDING GREENHOUSE GAS EMISSIONS,".
39
40 Page 9, after line 2 insert:
41
42 "(V) SALES OF ELECTRIC VEHICLES CURRENTLY ACCOUNT FOR
43 MORE THAN TEN PERCENT OF ALL NEW VEHICLE SALES IN COLORADO, AND
44 THIS MARKET SHARE IS PROJECTED TO INCREASE TO MORE THAN EIGHTY
45 PERCENT BY 2032;
46 (VI) BUILDINGS CONSTRUCTED TODAY WILL NEED TO
47 ACCOMMODATE HIGHER NUMBERS OF ELECTRIC VEHICLES WITHIN THE
48 LIFETIME OF THESE BUILDINGS;".
49
50 Renumber succeeding subparagraphs accordingly.
51
52 Page 10, after line 7 insert:
53
54 "(3) THIS SECTION DOES NOT LOWER THE PROTECTIONS PROVIDED
55 FOR PEOPLE WITH DISABILITIES, INCLUDING THE NUMBER OF PARKING
56 SPACES FOR PEOPLE THAT ARE MOBILITY IMPAIRED, THAN THE
1 PROTECTIONS PROVIDED BY THE FEDERAL "AMERICANS WITH DISABILITIES
2 ACT OF 1990", 42 U.S.C. SEC. 12101 ET SEQ., AND PARTS 6 AND 8 OF
3 ARTICLE 34 OF TITLE 24.".
4
5 Page 10, after line 12 insert:
6
7 "(I) COLORADO HAS ADOPTED ECONOMY-WIDE GREENHOUSE GAS
8 EMISSION GOALS OF, AT MINIMUM, A TWENTY-SIX PERCENT REDUCTION BY
9 2025, A FIFTY PERCENT REDUCTION BY 2030, AND A NINETY PERCENT
10 REDUCTION BY 2050;
11 (II) THE GOVERNOR'S "COLORADO GREENHOUSE GAS POLLUTION
12 REDUCTION ROADMAP", RELEASED ON JANUARY 14, 2021, IDENTIFIED
13 TRANSPORTATION AS A LEADING SOURCE OF GREENHOUSE GAS POLLUTION
14 AND IDENTIFIED VEHICLE ELECTRIFICATION AS A KEY STRATEGY FOR
15 REDUCING GREENHOUSE GAS POLLUTION FROM THE TRANSPORTATION
16 SECTOR;".
17
18 Renumber succeeding subparagraphs accordingly.
19
20 Page 10, line 13, strike "POLLUTION" and substitute "POLLUTION,
21 INCLUDING GREENHOUSE GAS EMISSIONS,".
22
23 Page 10, after line 19 insert:
24
25 "(V) SALES OF ELECTRIC VEHICLES CURRENTLY ACCOUNT FOR
26 MORE THAN TEN PERCENT OF ALL NEW VEHICLE SALES IN COLORADO, AND
27 THIS MARKET SHARE IS PROJECTED TO INCREASE TO MORE THAN EIGHTY
28 PERCENT BY 2032;
29 (VI) BUILDINGS CONSTRUCTED TODAY WILL NEED TO
30 ACCOMMODATE HIGHER NUMBERS OF ELECTRIC VEHICLES WITHIN THE
31 LIFETIME OF THESE BUILDINGS;".
32
33 Renumber succeeding subparagraphs accordingly.
34
35 Page 11, line 25, after "(3)" insert "(a)".
36
37 Page 12, after line 1 insert:
38
39 "(b) THIS SECTION DOES NOT LOWER THE PROTECTIONS PROVIDED
40 FOR PEOPLE WITH DISABILITIES, INCLUDING THE NUMBER OF PARKING
41 SPACES FOR PEOPLE THAT ARE MOBILITY IMPAIRED, THAN THE
42 PROTECTIONS PROVIDED BY THE FEDERAL "AMERICANS WITH DISABILITIES
43 ACT OF 1990", 42 U.S.C. SEC. 12101 ET SEQ., AND PARTS 6 AND 8 OF
44 ARTICLE 34 OF TITLE 24.".
45
46 Page 12, line 10, after the period add "THE BOARD SHALL NOT RESTRICT
47 PARKING BASED ON A VEHICLE BEING A PLUG-IN HYBRID VEHICLE OR
48 PLUG-IN ELECTRIC VEHICLE.".
49
50 Page 12, line 12, strike "STATION" and substitute "STATION, OR RESTRICT
51 PARKING BASED ON A VEHICLE BEING A PLUG-IN HYBRID VEHICLE OR
52 PLUG-IN ELECTRIC VEHICLE,".
53
54 Page 12, line 16, strike "STATIONS" and substitute "STATIONS, OR THAT
55 RESTRICTS PARKING BASED ON A VEHICLE BEING A PLUG-IN HYBRID
56 VEHICLE OR PLUG-IN ELECTRIC VEHICLE,".
1 Page 12, line 27, after the period add "THE GOVERNING BODY OF THE
2 MUNICIPALITY SHALL NOT RESTRICT PARKING BASED ON A VEHICLE BEING
3 A PLUG-IN HYBRID VEHICLE OR PLUG-IN ELECTRIC VEHICLE.".
4
5 Page 13, line 2, strike "STATION" and substitute "STATION, OR RESTRICT
6 PARKING BASED ON A VEHICLE BEING A PLUG-IN HYBRID VEHICLE OR
7 PLUG-IN ELECTRIC VEHICLE,".
8
9 Page 13, line 6, strike "STATIONS" and substitute "STATIONS, OR THAT
10 RESTRICTS PARKING BASED ON A VEHICLE BEING A PLUG-IN HYBRID
11 VEHICLE OR PLUG-IN ELECTRIC VEHICLE,".
12
13 Page 13, after line 8 insert:
14
15 "SECTION 10. In Colorado Revised Statutes, 30-28-211, add
16 (2)(a.5), (2)(b.8), (3.5)(e), and (3.5)(f) as follows:
17 30-28-211. Energy efficient building codes - legislative
18 declaration - definitions. (2) As used in this section, unless the context
19 otherwise requires:
20 (a.5) "COLORADO PLUMBING CODE" HAS THE MEANING SET FORTH
21 IN SECTION 12-155-103 (5).
22 (b.8) "NATIONAL ELECTRICAL CODE" HAS THE MEANING SET FORTH
23 IN SECTION 12-115-103 (8).
24 (3.5) (e) NOTWITHSTANDING THE TIMING REQUIREMENT OF
25 SUBSECTION (3.5)(a) OF THIS SECTION, A BOARD OF COUNTY
26 COMMISSIONERS MAY COMPLY WITH SUBSECTION (3.5)(a) OF THIS SECTION
27 WHEN THE BOARD ADOPTS ONE OR MORE BUILDING CODES OTHER THAN
28 THE NATIONAL ELECTRICAL CODE AND THE COLORADO PLUMBING CODE,
29 OR BY JUNE 30, 2026, WHICHEVER IS EARLIER, IF:
30 (I) THE BOARD OF COUNTY COMMISSIONERS ADOPTS OR UPDATES:
31 (A) THE NATIONAL ELECTRICAL CODE BY REFERENCE WHEN
32 ADOPTED OR UPDATED BY THE STATE ELECTRICAL BOARD; OR
33 (B) THE COLORADO PLUMBING CODE BY REFERENCE WHEN
34 ADOPTED OR UPDATED BY THE STATE PLUMBING BOARD; AND
35 (II) THE ADOPTION OR UPDATE OF THE NATIONAL ELECTRICAL
36 CODE OR THE COLORADO PLUMBING CODE OCCURS ON A TIMING CYCLE
37 DIFFERENT FROM THE SCHEDULED ADOPTION OR UPDATE OF ONE OR MORE
38 BUILDING CODES OTHER THAN THE NATIONAL ELECTRICAL CODE OR THE
39 COLORADO PLUMBING CODE.
40 (f) NOTWITHSTANDING THE TIMING REQUIREMENT OF SUBSECTION
41 (3.5)(b) OF THIS SECTION, A BOARD OF COUNTY COMMISSIONERS MAY
42 COMPLY WITH SUBSECTION (3.5)(b) OF THIS SECTION WHEN THE BOARD
43 ADOPTS ONE OR MORE BUILDING CODES OTHER THAN THE NATIONAL
44 ELECTRICAL CODE AND THE COLORADO PLUMBING CODE, OR BY JUNE 30,
45 2030, WHICHEVER IS EARLIER, IF:
46 (I) THE BOARD OF COUNTY COMMISSIONERS ADOPTS OR UPDATES:
47 (A) THE NATIONAL ELECTRICAL CODE BY REFERENCE WHEN
48 ADOPTED OR UPDATED BY THE STATE ELECTRICAL BOARD; OR
49 (B) THE COLORADO PLUMBING CODE BY REFERENCE WHEN
50 ADOPTED OR UPDATED BY THE STATE PLUMBING BOARD; AND
51 (II) THE ADOPTION OR UPDATE OF THE NATIONAL ELECTRICAL
52 CODE OR THE COLORADO PLUMBING CODE OCCURS ON A TIMING CYCLE
53 DIFFERENT FROM THE SCHEDULED ADOPTION OR UPDATE OF ONE OR MORE
54 BUILDING CODES OTHER THAN THE NATIONAL ELECTRICAL CODE OR THE
55 COLORADO PLUMBING CODE.
56
1 SECTION 11. In Colorado Revised Statutes, 31-15-602, add
2 (2)(a.5), (2)(b.8), (3.5)(d), and (3.5)(e) as follows:
3 31-15-602. Energy efficient building codes - legislative
4 declaration - definitions - repeal. (2) As used in this section, unless the
5 context otherwise requires:
6 (a.5) "COLORADO PLUMBING CODE" HAS THE MEANING SET FORTH
7 IN SECTION 12-155-103 (5).
8 (b.8) "NATIONAL ELECTRICAL CODE" HAS THE MEANING SET FORTH
9 IN SECTION 12-115-103 (8).
10 (3.5) (d) NOTWITHSTANDING THE TIMING REQUIREMENT OF
11 SUBSECTION (3.5)(a) OF THIS SECTION, A GOVERNING BODY OF A
12 MUNICIPALITY MAY COMPLY WITH SUBSECTION (3.5)(a) OF THIS SECTION
13 WHEN THE BODY ADOPTS ONE OR MORE BUILDING CODES OTHER THAN THE
14 NATIONAL ELECTRICAL CODE AND THE COLORADO PLUMBING CODE, OR BY
15 JUNE 30, 2026, WHICHEVER IS EARLIER, IF:
16 (I) THE GOVERNING BODY OF THE MUNICIPALITY ADOPTS OR
17 UPDATES:
18 (A) THE NATIONAL ELECTRICAL CODE BY REFERENCE WHEN
19 ADOPTED OR UPDATED BY THE STATE ELECTRICAL BOARD; OR
20 (B) THE COLORADO PLUMBING CODE BY REFERENCE WHEN
21 ADOPTED OR UPDATED BY THE STATE PLUMBING BOARD; AND
22 (II) THE ADOPTION OR UPDATE OF THE NATIONAL ELECTRICAL
23 CODE OR THE COLORADO PLUMBING CODE OCCURS ON A TIMING CYCLE
24 DIFFERENT FROM THE SCHEDULED ADOPTION OR UPDATE OF ONE OR MORE
25 BUILDING CODES OTHER THAN THE NATIONAL ELECTRICAL CODE OR THE
26 COLORADO PLUMBING CODE.
27 (e) NOTWITHSTANDING THE TIMING REQUIREMENT OF SUBSECTION
28 (3.5)(b) OF THIS SECTION, A GOVERNING BODY OF A MUNICIPALITY MAY
29 COMPLY WITH SUBSECTION (3.5)(b) OF THIS SECTION WHEN THE BODY
30 ADOPTS ONE OR MORE BUILDING CODES OTHER THAN THE NATIONAL
31 ELECTRICAL CODE AND THE COLORADO PLUMBING CODE, OR BY JUNE 30,
32 2030, WHICHEVER IS EARLIER, IF:
33 (I) THE GOVERNING BODY OF A MUNICIPALITY ADOPTS OR
34 UPDATES:
35 (A) THE NATIONAL ELECTRICAL CODE BY REFERENCE WHEN
36 ADOPTED OR UPDATED BY THE STATE ELECTRICAL BOARD; OR
37 (B) THE COLORADO PLUMBING CODE BY REFERENCE WHEN
38 ADOPTED OR UPDATED BY THE STATE PLUMBING BOARD; AND
39 (II) THE ADOPTION OR UPDATE OF THE NATIONAL ELECTRICAL
40 CODE OR THE COLORADO PLUMBING CODE OCCURS ON A TIMING CYCLE
41 DIFFERENT FROM THE SCHEDULED ADOPTION OR UPDATE OF ONE OR MORE
42 BUILDING CODES OTHER THAN THE NATIONAL ELECTRICAL CODE OR THE
43 COLORADO PLUMBING CODE.".
44
45 Renumber succeeding sections accordingly.
46
47 Page 14, after line 17 insert:
48
49 "(c) THE DEPARTMENT OF TRANSPORTATION MAY COLLABORATE
50 WITH PUBLIC OR PRIVATE ENTITIES TO DEVELOP PROJECTS FOR THE
51 CONSTRUCTION OF ELECTRIC VEHICLE CHARGING SYSTEMS ALONG STATE
52 HIGHWAY RIGHTS-OF-WAY, INCLUDING REST AREAS, AS PRIORITIZED BY
53 THE DEPARTMENT.".
54
55 Reletter succeeding paragraph accordingly.
56

House Journal, April 10
24 Amend printed bill, page 5, before line 10 insert:
25
26 "(d) (I) IN PROMULGATING THE RULES REQUIRED UNDER
27 SUBSECTION (3)(a) OF THIS SECTION, THE BOARD SHALL ENSURE ALL
28 REQUIREMENTS ADOPTED IN THE RULES ARE IN COMPLIANCE WITH THE
29 REQUIREMENTS OF THE NATIONAL ELECTRICAL CODE, AS AMENDED UNDER
30 SUBSECTION (2)(a)(I) OF THIS SECTION.
31 (II) WITHIN NINETY DAYS AFTER ANY UPDATE MADE BY THE
32 ENERGY CODE BOARD TO THE EV POWER TRANSFER INFRASTRUCTURE
33 REQUIREMENTS FOR MULTIFAMILY HOUSING IN THE MODEL ELECTRIC
34 READY AND SOLAR READY CODE, THE BOARD SHALL UPDATE THE RULES
35 PROMULGATED UNDER SUBSECTION (3)(a) OF THIS SECTION WITH THE
36 SAME CHANGES. THE BOARD SHALL NOT ENFORCE THE UPDATED RULES
37 UNTIL TWO HUNDRED SEVENTY DAYS AFTER THE UPDATED RULES ARE
38 ADOPTED.
39 (III) THE RULES PROMULGATED UNDER SUBSECTION (3)(a) OF THIS
40 SECTION DO NOT SUPERCEDE OR PREEMPT THE SAFETY REQUIREMENTS OF
41 OTHER BUILDING CODES, WHETHER PROMULGATED BY AN AGENCY OF THE
42 STATE OF COLORADO OR OF A LOCAL GOVERNMENT.
43 (e) ANY INSTALLATIONS OR UPGRADES PERFORMED IN
44 ACCORDANCE WITH THE RULES PROMULGATED UNDER THIS SUBSECTION
45 (3) ON THE LOAD SIDE OF THE UTILITY METER MUST COMPLY WITH THIS
46 ARTICLE 115, INCLUDING SUBSECTION (2)(a) OF THIS SECTION, WHICH
47 REQUIRES COMPLIANCE WITH THE NATIONAL ELECTRICAL CODE, AND
48 SECTIONS 12-115-109 AND 12-115-115, AND ALL RULES OF THE BOARD.
49 (f) FOR ALL ELECTRIC VEHICLE INFRASTRUCTURE OR CHARGING
50 STATIONS OWNED BY AN ELECTRIC UTILITY, THE UTILITY SHALL COMPLY
51 WITH SECTION 40-5-107 (3)(b).".
52
53 Reletter succeeding paragraph accordingly.
54
55 As amended, ordered engrossed and placed on the Calendar for Third
56 Reading and Final Passage.

Senate Journal, May 1
HB23-1233 by Representative(s) Mauro and Valdez, Brown, Woodrow; also Senator(s) Priola and
Winter F.--Concerning energy efficiency, and, in connection therewith, requiring the state
electrical board to adopt rules facilitating electric vehicle charging at multifamily buildings,
limiting the ability of the state electrical board to prohibit the installation of electric vehicle
charging stations, forbidding private prohibitions on electric vehicle charging and parking,
requiring local governments to count certain spaces served by an electric vehicle charging
station for minimum parking requirements, forbidding local governments from prohibiting
the installation of electric vehicle charging stations, exempting electric vehicle chargers
from business personal property tax, and authorizing electric vehicle charging systems
along highway rights-of-way.

Amendment No. 1(L.039), by Senator Pelton B.

Amend reengrossed bill, page 6, after line 4 insert:

"(IV) IF A SITE DEVELOPMENT PLAN APPLICATION IS SUBMITTED TO A
LOCAL GOVERNMENT AND HAS BEEN APPROVED BY MARCH 1, 2024, THE LOCAL
GOVERNMENT MAY DETERMINE HOW TO APPLY THE REQUIREMENTS OF THE
RULES DEVELOPED IN ACCORDANCE WITH SUBSECTION (3)(a) OF THIS SECTION.".

Amendment No. 2(L.041), by Senator Pelton B.

Amend reengrossed bill, page 17, line 8, after "(2)(a.5)," insert "(2)(a.8),".

Page 17, after line 13 insert:

"(a.8) "ELEVATOR AND ESCALATOR CODE" MEANS THE RULES ADOPTED
IN ACCORDANCE WITH SECTION 9-5.5-112.".

Page 17, line 24, strike "BOARD; OR" and substitute "BOARD;
(B) THE ELEVATOR AND ESCALATOR CODE BY REFERENCE WHEN
ADOPTED OR UPDATED BY THE DIRECTOR OF THE DIVISION OF OIL AND PUBLIC
SAFETY WITHIN THE DEPARTMENT OF LABOR AND EMPLOYMENT; OR".

Reletter succeeding sub-subparagraph accordingly.

Page 18, line 13, strike "BOARD; OR" and substitute "BOARD;
(B) THE ELEVATOR AND ESCALATOR CODE BY REFERENCE WHEN
ADOPTED OR UPDATED BY THE DIRECTOR OF THE DIVISION OF OIL AND PUBLIC
SAFETY WITHIN THE DEPARTMENT OF LABOR AND EMPLOYMENT; OR".

Reletter succeeding sub-subparagraph accordingly.

Page 18, line 22, after "(2)(a.5)," insert "(2)(a.8),".

Page 18, after line 27 insert:

"(a.8) "ELEVATOR AND ESCALATOR CODE" MEANS THE RULES ADOPTED
IN ACCORDANCE WITH SECTION 9-5.5-112.".

Page 19, line 12 strike "BOARD; OR" and substitute "BOARD;
(B) THE ELEVATOR AND ESCALATOR CODE BY REFERENCE WHEN
ADOPTED OR UPDATED BY THE DIRECTOR OF THE DIVISION OF OIL AND PUBLIC
SAFETY WITHIN THE DEPARTMENT OF LABOR AND EMPLOYMENT; OR".

Reletter succeeding sub-subparagraph accordingly.

Page 20, line 2, strike "BOARD; OR" and substitute "BOARD;
(B) THE ELEVATOR AND ESCALATOR CODE BY REFERENCE WHEN
ADOPTED OR UPDATED BY THE DIRECTOR OF THE DIVISION OF OIL AND PUBLIC
SAFETY WITHIN THE DEPARTMENT OF LABOR AND EMPLOYMENT; OR".

Reletter succeeding sub-subparagraph accordingly.

Strike "CODE OR" and substitute "CODE, THE ELEVATOR AND ESCALATOR CODE,
OR" on: Page 18, lines 1, 3, 17, and 19; Page 19, lines 16 and 18; and Page 20,
lines 6 and 8.

Strike "CODE AND" and substitute "CODE, THE ELEVATOR AND ESCALATOR CODE,
AND" on: Page 17, line 20; Page 18, line 9; and Page 19, lines 7 and 24.

Amendment No. 3(L.042), by Senator Priola and Winter F.

Amend reengrossed bill, page 21, before line 27 insert:

"SECTION 14. In Colorado Revised Statutes, 24-4-109, amend (2)(a)
and (2)(b)(II); and add (5) and (6) as follows:
24-4-109. State engagement of disproportionately impacted
communities - definitions. (2) Definitions. (a) (I) (A) The environmental
justice action task force created in section 25-1-133 will recommend to the
general assembly potential modifications to the definitions established in this
subsection (2). The definitions established in this subsection (2) apply unless
and until the general assembly acts by bill to modify one or more of the
definitions ALL AGENCIES SHALL USE THE DEFINITION OF DISPROPORTIONATELY
IMPACTED COMMUNITY SET FORTH IN SUBSECTION (2)(b)(II) OF THIS SECTION.
(B) IN APPLYING THE DEFINITION OF DISPROPORTIONATELY IMPACTED
COMMUNITY, AN AGENCY MAY PRIORITIZE OR TARGET CERTAIN CRITERIA OF THE
DEFINITION OF DISPROPORTIONATELY IMPACTED COMMUNITY OR CERTAIN
SUBSETS OF COMMUNITIES THAT MEET THE DEFINITION OF DISPROPORTIONATELY
IMPACTED COMMUNITY IF THE AGENCY MAKES A DETERMINATION BY RULE OR
OTHER PUBLIC DECISION-MAKING PROCESS THAT THE PRIORITIZATION OR
TARGETING IS WARRANTED AND REASONABLY TAILORED TO THE CATEGORY OF
AGENCY ACTION INVOLVED. AN AGENCY WITH RULEMAKING AUTHORITY SHALL
MAKE THE DETERMINATION BY RULE.
(C) A DETERMINATION OF THE PUBLIC UTILITIES COMMISSION THAT IT
WILL PRIORITIZE OR TARGET CERTAIN CRITERIA OF THE DEFINITION OF
DISPROPORTIONATELY IMPACTED COMMUNITY OR SUBSETS OF COMMUNITIES
THAT MEET THE DEFINITION OF DISPROPORTIONATELY IMPACTED COMMUNITY
DOES NOT CONSTITUTE ANY PREJUDICE OR DISADVANTAGE OR ANY
UNREASONABLE DIFFERENCE AS SET FORTH IN SECTION 40-3-106 (1)(a).
(II) This subsection (2)(a) is repealed, effective September 1, 2024.
(b) As used in this section and sections 25-1-133, 25-1-134, and
25-7-105 (1)(e), unless the context otherwise requires:
(II) "Disproportionately impacted community" means a community that
is in a census block group, as determined in accordance with the most recent
United States census, where the proportion of households that are low income
is greater than forty percent, the proportion of households that identify as
minority is greater than forty percent, or the proportion of households that are
housing cost-burdened is greater than forty percent; or is any other community
as identified or approved by a state agency, if: The community has a history of
environmental racism perpetuated through redlining, anti-Indigenous,
anti-immigrant, anti-Hispanic, or anti-Black laws; or the community is one
where multiple factors, including socioeconomic stressors, disproportionate
environmental burdens, vulnerability to environmental degradation, and lack of
public participation, may act cumulatively to affect health and the environment
and contribute to persistent disparities. As used in this subsection (2)(b)(II),
"cost-burdened" means a household that spends more than thirty percent of its
income on housing, and "low income" means the median household income is
less than or equal to two hundred percent of the federal poverty guideline. FIVE
YEAR UNITED STATES BUREAU OF THE CENSUS AMERICAN COMMUNITY SURVEY
AND MEETS ONE OR MORE OF THE FOLLOWING CRITERIA:
(A) THE PROPORTION OF THE POPULATION LIVING IN HOUSEHOLDS THAT
ARE BELOW TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL IS
GREATER THAN FORTY PERCENT;
(B) THE PROPORTION OF HOUSEHOLDS THAT SPEND MORE THAN THIRTY
PERCENT OF HOUSEHOLD INCOME ON HOUSING IS GREATER THAN FIFTY PERCENT;
(C) THE PROPORTION OF THE POPULATION THAT IDENTIFIES AS PEOPLE
OF COLOR IS GREATER THAN FORTY PERCENT;
(D) THE PROPORTION OF THE POPULATION THAT IS LINGUISTICALLY
ISOLATED IS GREATER THAN TWENTY PERCENT;
(E) AN AGENCY DETERMINES THAT THE POPULATION IS
DISPROPORTIONATELY IMPACTED BASED ON EVIDENCE, PRESENTED IN A
RELEVANT AGENCY DECISION-MAKING PROCESS, THAT A CENSUS BLOCK GROUP
IS DISPROPORTIONATELY IMPACTED BECAUSE IT HAS A HISTORY OF
ENVIRONMENTAL RACISM PERPETUATED THROUGH REDLINING OR THROUGH
ANTI-INDIGENOUS, ANTI-IMMIGRANT, ANTI-LATINO, OR ANTI-BLACK LAWS,
POLICIES, OR PRACTICES AND THAT PRESENT-DAY DEMOGRAPHIC FACTORS AND
DATA DEMONSTRATE THAT THE COMMUNITY CURRENTLY FACES
ENVIRONMENTAL HEALTH DISPARITIES;
(F) THE COMMUNITY IS IDENTIFIED BY AN AGENCY AS BEING ONE
WHERE MULTIPLE FACTORS, INCLUDING SOCIOECONOMIC STRESSORS,
VULNERABLE POPULATIONS, DISPROPORTIONATE ENVIRONMENTAL BURDENS,
VULNERABILITY TO ENVIRONMENTAL DEGRADATION OR CLIMATE CHANGE, AND
LACK OF PUBLIC PARTICIPATION MAY ACT CUMULATIVELY TO AFFECT HEALTH
AND THE ENVIRONMENT AND MAY CONTRIBUTE TO PERSISTENT DISPARITIES;
(G) THE COMMUNITY IS A MOBILE HOME PARK, AS DEFINED IN SECTION
38-12-201.5 (6); OR
(H) THE COMMUNITY IS LOCATED ON THE SOUTHERN UTE OR UTE
MOUNTAIN UTE INDIAN RESERVATION.
(5) (a) (I) THE DIVISION OF ADMINISTRATION IN THE COLORADO
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT SHALL DESIGN THE
COLORADO ENVIROSCREEN TOOL SO THAT A CENSUS BLOCK GROUP THAT
SCORES ABOVE THE EIGHTIETH PERCENTILE IN THE COLORADO ENVIROSCREEN
TOOL IS PRESUMED TO BE A DISPROPORTIONATELY IMPACTED COMMUNITY. AN
AGENCY DETERMINING WHETHER A COMMUNITY IS A DISPROPORTIONATELY
IMPACTED COMMUNITY IN ACCORDANCE WITH THIS SUBSECTION (5)(a) SHALL
APPLY THE MOST RECENT VERSION OF COLORADO ENVIROSCREEN TOOL
AVAILABLE AT THE TIME THE AGENCY MAKES THE DETERMINATION.
(II) AS USED IN THIS SUBSECTION (5)(a), "COLORADO ENVIROSCREEN
TOOL" MEANS THE ENVIRONMENTAL JUSTICE MAPPING TOOL DEVELOPED AND
ADMINISTERED BY THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
AND COLORADO STATE UNIVERSITY, OR ANY SUCCESSOR TOOL.
(b) A CENSUS BLOCK GROUP THAT IS WITHIN A CENSUS TRACT THAT
QUALIFIES AS DISADVANTAGED AS DETERMINED UNDER THE CLIMATE AND
ECONOMIC JUSTICE SCREENING TOOL DEVELOPED BY THE COUNCIL ON
ENVIRONMENTAL QUALITY IN THE OFFICE OF THE PRESIDENT OF THE UNITES
STATES IS PRESUMED TO BE A DISPROPORTIONATELY IMPACTED COMMUNITY.
AN AGENCY DETERMINING WHETHER A COMMUNITY IS A DISPROPORTIONATELY
IMPACTED COMMUNITY UNDER THIS SUBSECTION (5)(b) SHALL APPLY THE MOST
RECENT VERSION OF THE CLIMATE AND ECONOMIC JUSTICE SCREENING TOOL
AVAILABLE WHEN IT IS DETERMINING WHETHER A COMMUNITY IS A
DISPROPORTIONATELY IMPACTED COMMUNITY.
(6) THE PROVISIONS OF SUBSECTION (2)(b)(II) OF THIS SECTION ARE
SEVERABLE, AND IF ANY PROVISION OF SUBSECTION (2)(b)(II) OF THIS SECTION
IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNCONSTITUTIONAL,
THE REMAINING PROVISIONS ARE VALID, UNLESS:
(a) IT APPEARS TO THE COURT THAT THE VALID PROVISIONS ARE SO
ESSENTIALLY AND INSEPARABLY CONNECTED WITH, AND SO DEPENDENT ON, THE
UNCONSTITUTIONAL PROVISION THAT IT CANNOT BE PRESUMED THAT THE
LEGISLATURE WOULD HAVE ENACTED THE VALID PROVISIONS WITHOUT THE
UNCONSTITUTIONAL ONE; OR
(b) THE COURT DETERMINES THAT THE VALID PROVISIONS, STANDING
ALONE, ARE INCOMPLETE AND ARE INCAPABLE OF BEING EXECUTED IN
ACCORDANCE WITH THE LEGISLATIVE INTENT.
SECTION 15. In Colorado Revised Statutes, 8-83-502, amend (4) as
follows:
8-83-502. Definitions. As used in this part 5, unless the context
otherwise requires:
(4) "Disproportionately impacted community" means any community
of color, low-to-middle income community, or indigenous community that is
or has been directly impacted by coal pollution HAS THE MEANING SET FORTH
IN SECTION 24-4-109 (2)(b)(II).
SECTION 16. In Colorado Revised Statutes, amend 24-30-104 as
follows:
24-30-104. Burnham Yard rail property site - required
development planning. The executive director of the department of personnel
shall engage with stakeholders including the city and county of Denver, the
department of transportation, the department of local affairs, the regional
transportation district created in section 32-9-105, and the communities,
including disproportionately impacted communities, as defined in section
43-1-128 (2)(c) SECTION 24-4-109 (2)(b)(II), and registered neighborhood
organizations in the vicinity of the Burnham Yards rail property to create a site
plan to support transit-oriented development at the Burnham Yard rail property
site and potential recommendations for how to suballocate parcels for various
beneficial uses at the site. The executive director shall, in consultation with the
other governmental stakeholders named in this section, actively reach out to the
communities, including disproportionately impacted communities, and
registered neighborhood organizations in the vicinity of the Burnham Yards rail
property regarding all stages of the development of the property, provide
meaningful opportunities for members of those communities to express their
views regarding the development of the property, and endeavor to identify
groups or individuals from those communities who are interested in and capable
of representing the interests of those communities throughout the development
process. The executive director shall also identify any additional stakeholders,
and as appropriate already engaged stakeholders, to engage with who may have
an interest in developing the suballocated parcels for the best use such as the
department of local affairs for affordable housing, local housing authorities, and
the great outdoors Colorado program for potential green space development.
The site plan must consider opportunities for the site including front range
passenger rail service, multi-family and affordable housing development,
community benefits, green spaces, parkland, recreational opportunities, retail,
and links to transit and multi-modal options to connect the site to the
surrounding community. The site plan must promote the development and
operation of quality public private partnership opportunities and include a
well-defined framework to facilitate collaboration between public and private
entities in infrastructure development and operation and enable investment of
public and private capital.
SECTION 17. In Colorado Revised Statutes, 24-38.5-302, amend (3)
as follows:
24-38.5-302. Definitions. As used in this part 3, unless the context
otherwise requires:
(3) (a) "Disproportionately impacted community" means a community
that is in a census block group, as determined in accordance with the most
recent United States decennial census, where the proportion of households that
are low income is greater than forty percent, the proportion of households that
identify as minority is greater than forty percent, or the proportion of
households that are housing cost-burdened is greater than forty percent
"DISPROPORTIONATELY IMPACTED COMMUNITY" HAS THE MEANING SET FORTH
IN SECTION 24-4-109 (2)(b)(II).
(b) As used in this subsection (3):
(I) "Cost-burdened" means a household that spends more than thirty
percent of its income on housing.
(II) "Low income" means the median household income is less than or
equal to two hundred percent of the federal poverty guideline.
SECTION 18. In Colorado Revised Statutes, 25-7.5-102, amend (7)
as follows:
25-7.5-102. Definitions. As used in this article 7.5, unless the context
otherwise requires:
(7) (a) "Disproportionately impacted community" means a community
that is in a census block group, as determined in accordance with the most
recent United States decennial census, where the proportion of households that
are low income is greater than forty percent, the proportion of households that
identify as minority is greater than forty percent, or the proportion of
households that are housing cost-burdened is greater than forty percent
"DISPROPORTIONATELY IMPACTED COMMUNITY" HAS THE MEANING SET FORTH
IN SECTION 24-4-109 (2)(b)(II).
(b) As used in this subsection (7):
(I) "Cost-burdened" means a household that spends more than thirty
percent of its income on housing.
(II) "Low income" means the median household income is less than or
equal to two hundred percent of the federal poverty guideline.
SECTION 19. In Colorado Revised Statutes, 40-1-102, add (6.5) as
follows:
40-1-102. Definitions. As used in articles 1 to 7 of this title 40, unless
the context otherwise requires:
(6.5) "DISPROPORTIONATELY IMPACTED COMMUNITY" HAS THE
MEANING SET FORTH IN SECTION 24-4-109 (2)(b)(II).
SECTION 20. In Colorado Revised Statutes, 40-2-108, repeal (3)(d)
as follows:
40-2-108. Rules - definitions - legislative declaration. (3) (d) As used
in this subsection (3):
(I) "Cost-burdened" means a household that spends more than thirty
percent of its income on housing.
(II) "Disproportionately impacted community" means a community that
is in a census block group, as determined in accordance with the most recent
United States census, where the proportion of households that are low income
is greater than forty percent, the proportion of households that identify as
minority is greater than forty percent, or the proportion of households that are
housing cost-burdened is greater than forty percent; or is any other community
as identified or approved by a state agency, if:
(A) The community has a history of environmental racism perpetuated
through redlining, anti-Indigenous, anti-immigrant, anti-Hispanic, or anti-Black
laws; or
(B) The community is one where multiple factors, including
socioeconomic stressors, disproportionate environmental burdens, vulnerability
to environmental degradation, and lack of public participation, may act
cumulatively to affect health and the environment and contribute to persistent
disparities.
(III) "Low income" means meeting one or more of the following
criteria:
(A) Median household income less than or equal to two hundred
percent of the federal poverty guideline;
(B) Median household income less than or equal to eighty percent of the
area median income; or
(C) Qualification under income guidelines adopted by the department
of human services pursuant to section 40-8.5-105.
SECTION 21. In Colorado Revised Statutes, 43-1-128, amend (2)(c)
as follows:
43-1-128. Environmental impacts of capacity projects - additional
requirements - legislative declaration - definitions. (2) As used in this
section, unless the context otherwise requires:
(c) (I) "Disproportionately impacted community" means a community
that is in a census block group, as determined in accordance with the most
recent United States decennial census, where the proportion of households that
are low income is greater than forty percent, the proportion of households that
identify as minority is greater than forty percent, or the proportion of
households that are housing cost-burdened is greater than forty percent
"DISPROPORTIONATELY IMPACTED COMMUNITY" HAS THE MEANING SET FORTH
IN SECTION 24-4-109 (2)(b)(II).
(II) As used in this subsection (2)(c):
(A) "Cost-burdened" means a household that spends more than thirty
percent of its income on housing.
(B) "Low income" means the median household income is less than or
equal to two hundred percent of the federal poverty guideline.
SECTION 22. In Colorado Revised Statutes, 43-4-1202, amend (5) as
follows:
43-4-1202. Definitions. As used in this part 12, unless the context
otherwise requires:
(5) (a) "Disproportionately impacted community" means a community
that is in a census block group, as determined in accordance with the most
recent United States decennial census, where the proportion of households that
are low income is greater than forty percent, the proportion of households that
identify as minority is greater than forty percent, or the proportion of
households that are housing cost-burdened is greater than forty percent
"DISPROPORTIONATELY IMPACTED COMMUNITY" HAS THE MEANING SET FORTH
IN SECTION 24-4-109 (2)(b)(II).
(b) As used in this subsection (5):
(I) "Cost-burdened" means a household that spends more than thirty
percent of its income on housing.
(II) "Low income" means the median household income is less than or
equal to two hundred percent of the federal poverty guideline.".

Renumber succeeding section accordingly.

As amended, ordered revised and placed on the calendar for third reading and final
passage.

(For further action, see amendments to the report of the Committee of the Whole.)

Senate Journal, May 1
HB23-1233 by Representative(s) Mauro and Valdez, Brown, Woodrow; also Senator(s) Priola and
Winter F.--Concerning energy efficiency, and, in connection therewith, requiring the state
electrical board to adopt rules facilitating electric vehicle charging at multifamily buildings,
limiting the ability of the state electrical board to prohibit the installation of electric vehicle
charging stations, forbidding private prohibitions on electric vehicle charging and parking,
requiring local governments to count certain spaces served by an electric vehicle charging
station for minimum parking requirements, forbidding local governments from prohibiting
the installation of electric vehicle charging stations, exempting electric vehicle chargers
from business personal property tax, and authorizing electric vehicle charging systems
along highway rights-of-way.

Senators Priola and Winter F. moved to amend the Report of the Committee of the Whole
to show that the following Priola and Winter F. floor amendment, (L.042) to HB 23-1233,
did pass, and that the following new amendment to the Priola and Winter F. floor
amendment, (L.042) to HB23-1233, did pass.

L.042
Amend reengrossed bill, page 21, before line 27 insert:

"SECTION 14. In Colorado Revised Statutes, 24-4-109, amend (2)(a) and
(2)(b)(II); and add (5) and (6) as follows:
24-4-109. State engagement of disproportionately impacted communities -
definitions. (2) Definitions. (a) (I) (A) The environmental justice action task
force created in section 25-1-133 will recommend to the general assembly
potential modifications to the definitions established in this subsection (2). The
definitions established in this subsection (2) apply unless and until the general
assembly acts by bill to modify one or more of the definitions ALL AGENCIES
SHALL USE THE DEFINITION OF DISPROPORTIONATELY IMPACTED COMMUNITY SET
FORTH IN SUBSECTION (2)(b)(II) OF THIS SECTION.
(B) IN APPLYING THE DEFINITION OF DISPROPORTIONATELY IMPACTED
COMMUNITY, AN AGENCY MAY PRIORITIZE OR TARGET CERTAIN CRITERIA OF THE
DEFINITION OF DISPROPORTIONATELY IMPACTED COMMUNITY OR CERTAIN
SUBSETS OF COMMUNITIES THAT MEET THE DEFINITION OF DISPROPORTIONATELY
IMPACTED COMMUNITY IF THE AGENCY MAKES A DETERMINATION BY RULE OR
OTHER PUBLIC DECISION-MAKING PROCESS THAT THE PRIORITIZATION OR
TARGETING IS WARRANTED AND REASONABLY TAILORED TO THE CATEGORY OF
AGENCY ACTION INVOLVED. AN AGENCY WITH RULEMAKING AUTHORITY SHALL
MAKE THE DETERMINATION BY RULE.
(C) A DETERMINATION OF THE PUBLIC UTILITIES COMMISSION THAT IT WILL
PRIORITIZE OR TARGET CERTAIN CRITERIA OF THE DEFINITION OF
DISPROPORTIONATELY IMPACTED COMMUNITY OR SUBSETS OF COMMUNITIES
THAT MEET THE DEFINITION OF DISPROPORTIONATELY IMPACTED COMMUNITY
DOES NOT CONSTITUTE ANY PREJUDICE OR DISADVANTAGE OR ANY
UNREASONABLE DIFFERENCE AS SET FORTH IN SECTION 40-3-106 (1)(a).
(II) This subsection (2)(a) is repealed, effective September 1, 2024.
(b) As used in this section and sections 25-1-133, 25-1-134, and 25-7-105 (1)(e),
unless the context otherwise requires:
(II) "Disproportionately impacted community" means a community that is in a
census block group, as determined in accordance with the most recent United
States census, where the proportion of households that are low income is greater
than forty percent, the proportion of households that identify as minority is
greater than forty percent, or the proportion of households that are housing
cost-burdened is greater than forty percent; or is any other community as
identified or approved by a state agency, if: The community has a history of
environmental racism perpetuated through redlining, anti-Indigenous,
anti-immigrant, anti-Hispanic, or anti-Black laws; or the community is one where
multiple factors, including socioeconomic stressors, disproportionate
environmental burdens, vulnerability to environmental degradation, and lack of
public participation, may act cumulatively to affect health and the environment
and contribute to persistent disparities. As used in this subsection (2)(b)(II),
"cost-burdened" means a household that spends more than thirty percent of its
income on housing, and "low income" means the median household income is
less than or equal to two hundred percent of the federal poverty guideline. FIVE
YEAR UNITED STATES BUREAU OF THE CENSUS AMERICAN COMMUNITY SURVEY
AND MEETS ONE OR MORE OF THE FOLLOWING CRITERIA:
(A) THE PROPORTION OF THE POPULATION LIVING IN HOUSEHOLDS THAT ARE
BELOW TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL IS GREATER
THAN FORTY PERCENT;
(B) THE PROPORTION OF HOUSEHOLDS THAT SPEND MORE THAN THIRTY PERCENT
OF HOUSEHOLD INCOME ON HOUSING IS GREATER THAN FIFTY PERCENT;
(C) THE PROPORTION OF THE POPULATION THAT IDENTIFIES AS PEOPLE OF COLOR
IS GREATER THAN FORTY PERCENT;
(D) THE PROPORTION OF THE POPULATION THAT IS LINGUISTICALLY ISOLATED IS
GREATER THAN TWENTY PERCENT;
(E) AN AGENCY DETERMINES THAT THE POPULATION IS DISPROPORTIONATELY
IMPACTED BASED ON EVIDENCE, PRESENTED IN A RELEVANT AGENCY
DECISION-MAKING PROCESS, THAT A CENSUS BLOCK GROUP IS
DISPROPORTIONATELY IMPACTED BECAUSE IT HAS A HISTORY OF ENVIRONMENTAL
RACISM PERPETUATED THROUGH REDLINING OR THROUGH ANTI-INDIGENOUS,
ANTI-IMMIGRANT, ANTI-LATINO, OR ANTI-BLACK LAWS, POLICIES, OR PRACTICES
AND THAT PRESENT-DAY DEMOGRAPHIC FACTORS AND DATA DEMONSTRATE THAT
THE COMMUNITY CURRENTLY FACES ENVIRONMENTAL HEALTH DISPARITIES;
(F) THE COMMUNITY IS IDENTIFIED BY AN AGENCY AS BEING ONE WHERE
MULTIPLE FACTORS, INCLUDING SOCIOECONOMIC STRESSORS, VULNERABLE
POPULATIONS, DISPROPORTIONATE ENVIRONMENTAL BURDENS, VULNERABILITY
TO ENVIRONMENTAL DEGRADATION OR CLIMATE CHANGE, AND LACK OF PUBLIC
PARTICIPATION MAY ACT CUMULATIVELY TO AFFECT HEALTH AND THE
ENVIRONMENT AND MAY CONTRIBUTE TO PERSISTENT DISPARITIES;
(G) THE COMMUNITY IS A MOBILE HOME PARK, AS DEFINED IN SECTION
38-12-201.5 (6); OR
(H) THE COMMUNITY IS LOCATED ON THE SOUTHERN UTE OR UTE MOUNTAIN
UTE INDIAN RESERVATION.
(5) (a) (I) THE DIVISION OF ADMINISTRATION IN THE COLORADO DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT SHALL DESIGN THE COLORADO
ENVIROSCREEN TOOL SO THAT A CENSUS BLOCK GROUP THAT SCORES ABOVE THE
EIGHTIETH PERCENTILE IN THE COLORADO ENVIROSCREEN TOOL IS PRESUMED TO
BE A DISPROPORTIONATELY IMPACTED COMMUNITY. AN AGENCY DETERMINING
WHETHER A COMMUNITY IS A DISPROPORTIONATELY IMPACTED COMMUNITY IN
ACCORDANCE WITH THIS SUBSECTION (5)(a) SHALL APPLY THE MOST RECENT
VERSION OF COLORADO ENVIROSCREEN TOOL AVAILABLE AT THE TIME THE
AGENCY MAKES THE DETERMINATION.
(II) AS USED IN THIS SUBSECTION (5)(a), "COLORADO ENVIROSCREEN TOOL"
MEANS THE ENVIRONMENTAL JUSTICE MAPPING TOOL DEVELOPED AND
ADMINISTERED BY THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND
COLORADO STATE UNIVERSITY, OR ANY SUCCESSOR TOOL.
(b) A CENSUS BLOCK GROUP THAT IS WITHIN A CENSUS TRACT THAT QUALIFIES
AS DISADVANTAGED AS DETERMINED UNDER THE CLIMATE AND ECONOMIC
JUSTICE SCREENING TOOL DEVELOPED BY THE COUNCIL ON ENVIRONMENTAL
QUALITY IN THE OFFICE OF THE PRESIDENT OF THE UNITES STATES IS PRESUMED
TO BE A DISPROPORTIONATELY IMPACTED COMMUNITY. AN AGENCY
DETERMINING WHETHER A COMMUNITY IS A DISPROPORTIONATELY IMPACTED
COMMUNITY UNDER THIS SUBSECTION (5)(b) SHALL APPLY THE MOST RECENT
VERSION OF THE CLIMATE AND ECONOMIC JUSTICE SCREENING TOOL AVAILABLE
WHEN IT IS DETERMINING WHETHER A COMMUNITY IS A DISPROPORTIONATELY
IMPACTED COMMUNITY.
(6) THE PROVISIONS OF SUBSECTION (2)(b)(II) OF THIS SECTION ARE SEVERABLE,
AND IF ANY PROVISION OF SUBSECTION (2)(b)(II) OF THIS SECTION IS FOUND BY A
COURT OF COMPETENT JURISDICTION TO BE UNCONSTITUTIONAL, THE REMAINING
PROVISIONS ARE VALID, UNLESS:
(a) IT APPEARS TO THE COURT THAT THE VALID PROVISIONS ARE SO ESSENTIALLY
AND INSEPARABLY CONNECTED WITH, AND SO DEPENDENT ON, THE
UNCONSTITUTIONAL PROVISION THAT IT CANNOT BE PRESUMED THAT THE
LEGISLATURE WOULD HAVE ENACTED THE VALID PROVISIONS WITHOUT THE
UNCONSTITUTIONAL ONE; OR
(b) THE COURT DETERMINES THAT THE VALID PROVISIONS, STANDING ALONE,
ARE INCOMPLETE AND ARE INCAPABLE OF BEING EXECUTED IN ACCORDANCE WITH
THE LEGISLATIVE INTENT.
SECTION 15. In Colorado Revised Statutes, 8-83-502, amend (4) as follows:
8-83-502. Definitions. As used in this part 5, unless the context otherwise
requires:
(4) "Disproportionately impacted community" means any community of color,
low-to-middle income community, or indigenous community that is or has been
directly impacted by coal pollution HAS THE MEANING SET FORTH IN SECTION
24-4-109 (2)(b)(II).
SECTION 16. In Colorado Revised Statutes, amend 24-30-104 as follows:
24-30-104. Burnham Yard rail property site - required development
planning. The executive director of the department of personnel shall engage
with stakeholders including the city and county of Denver, the department of
transportation, the department of local affairs, the regional transportation district
created in section 32-9-105, and the communities, including disproportionately
impacted communities, as defined in section 43-1-128 (2)(c) SECTION 24-4-109
(2)(b)(II), and registered neighborhood organizations in the vicinity of the
Burnham Yards rail property to create a site plan to support transit-oriented
development at the Burnham Yard rail property site and potential
recommendations for how to suballocate parcels for various beneficial uses at the
site. The executive director shall, in consultation with the other governmental
stakeholders named in this section, actively reach out to the communities,
including disproportionately impacted communities, and registered neighborhood
organizations in the vicinity of the Burnham Yards rail property regarding all
stages of the development of the property, provide meaningful opportunities for
members of those communities to express their views regarding the development
of the property, and endeavor to identify groups or individuals from those
communities who are interested in and capable of representing the interests of
those communities throughout the development process. The executive director
shall also identify any additional stakeholders, and as appropriate already
engaged stakeholders, to engage with who may have an interest in developing the
suballocated parcels for the best use such as the department of local affairs for
affordable housing, local housing authorities, and the great outdoors Colorado
program for potential green space development. The site plan must consider
opportunities for the site including front range passenger rail service,
multi-family and affordable housing development, community benefits, green
spaces, parkland, recreational opportunities, retail, and links to transit and
multi-modal options to connect the site to the surrounding community. The site
plan must promote the development and operation of quality public private
partnership opportunities and include a well-defined framework to facilitate
collaboration between public and private entities in infrastructure development
and operation and enable investment of public and private capital.
SECTION 17. In Colorado Revised Statutes, 24-38.5-302, amend (3) as
follows:
24-38.5-302. Definitions. As used in this part 3, unless the context otherwise
requires:
(3) (a) "Disproportionately impacted community" means a community that is in
a census block group, as determined in accordance with the most recent United
States decennial census, where the proportion of households that are low income
is greater than forty percent, the proportion of households that identify as
minority is greater than forty percent, or the proportion of households that are
housing cost-burdened is greater than forty percent "DISPROPORTIONATELY
IMPACTED COMMUNITY" HAS THE MEANING SET FORTH IN SECTION 24-4-109
(2)(b)(II).
(b) As used in this subsection (3):
(I) "Cost-burdened" means a household that spends more than thirty percent of
its income on housing.
(II) "Low income" means the median household income is less than or equal to
two hundred percent of the federal poverty guideline.
SECTION 18. In Colorado Revised Statutes, 25-7.5-102, amend (7) as follows:
25-7.5-102. Definitions. As used in this article 7.5, unless the context otherwise
requires:
(7) (a) "Disproportionately impacted community" means a community that is in
a census block group, as determined in accordance with the most recent United
States decennial census, where the proportion of households that are low income
is greater than forty percent, the proportion of households that identify as
minority is greater than forty percent, or the proportion of households that are
housing cost-burdened is greater than forty percent "DISPROPORTIONATELY
IMPACTED COMMUNITY" HAS THE MEANING SET FORTH IN SECTION 24-4-109
(2)(b)(II).
(b) As used in this subsection (7):
(I) "Cost-burdened" means a household that spends more than thirty percent of
its income on housing.
(II) "Low income" means the median household income is less than or equal to
two hundred percent of the federal poverty guideline.
SECTION 19. In Colorado Revised Statutes, 40-1-102, add (6.5) as follows:
40-1-102. Definitions. As used in articles 1 to 7 of this title 40, unless the
context otherwise requires:
(6.5) "DISPROPORTIONATELY IMPACTED COMMUNITY" HAS THE MEANING SET
FORTH IN SECTION 24-4-109 (2)(b)(II).
SECTION 20. In Colorado Revised Statutes, 40-2-108, repeal (3)(d) as follows:
40-2-108. Rules - definitions - legislative declaration. (3) (d) As used in this
subsection (3):
(I) "Cost-burdened" means a household that spends more than thirty percent of
its income on housing.
(II) "Disproportionately impacted community" means a community that is in a
census block group, as determined in accordance with the most recent United
States census, where the proportion of households that are low income is greater
than forty percent, the proportion of households that identify as minority is
greater than forty percent, or the proportion of households that are housing
cost-burdened is greater than forty percent; or is any other community as
identified or approved by a state agency, if:
(A) The community has a history of environmental racism perpetuated through
redlining, anti-Indigenous, anti-immigrant, anti-Hispanic, or anti-Black laws; or
(B) The community is one where multiple factors, including socioeconomic
stressors, disproportionate environmental burdens, vulnerability to environmental
degradation, and lack of public participation, may act cumulatively to affect
health and the environment and contribute to persistent disparities.
(III) "Low income" means meeting one or more of the following criteria:
(A) Median household income less than or equal to two hundred percent of the
federal poverty guideline;
(B) Median household income less than or equal to eighty percent of the area
median income; or
(C) Qualification under income guidelines adopted by the department of human
services pursuant to section 40-8.5-105.
SECTION 21. In Colorado Revised Statutes, 43-1-128, amend (2)(c) as
follows:
43-1-128. Environmental impacts of capacity projects - additional
requirements - legislative declaration - definitions. (2) As used in this section,
unless the context otherwise requires:
(c) (I) "Disproportionately impacted community" means a community that is in
a census block group, as determined in accordance with the most recent United
States decennial census, where the proportion of households that are low income
is greater than forty percent, the proportion of households that identify as
minority is greater than forty percent, or the proportion of households that are
housing cost-burdened is greater than forty percent "DISPROPORTIONATELY
IMPACTED COMMUNITY" HAS THE MEANING SET FORTH IN SECTION 24-4-109
(2)(b)(II).
(II) As used in this subsection (2)(c):
(A) "Cost-burdened" means a household that spends more than thirty percent of
its income on housing.
(B) "Low income" means the median household income is less than or equal to
two hundred percent of the federal poverty guideline.
SECTION 22. In Colorado Revised Statutes, 43-4-1202, amend (5) as follows:
43-4-1202. Definitions. As used in this part 12, unless the context otherwise
requires:
(5) (a) "Disproportionately impacted community" means a community that is in
a census block group, as determined in accordance with the most recent United
States decennial census, where the proportion of households that are low income
is greater than forty percent, the proportion of households that identify as
minority is greater than forty percent, or the proportion of households that are
housing cost-burdened is greater than forty percent "DISPROPORTIONATELY
IMPACTED COMMUNITY" HAS THE MEANING SET FORTH IN SECTION 24-4-109
(2)(b)(II).
(b) As used in this subsection (5):
(I) "Cost-burdened" means a household that spends more than thirty percent of
its income on housing.
(II) "Low income" means the median household income is less than or equal to
two hundred percent of the federal poverty guideline.".

Renumber succeeding section accordingly.

New Amendment
Amend the Priola and Winter F. amendment (HB1233_L.042) page 1, line 3,
strike "(5)" and substitute "(2)(b)(IV), (5),".

Page 1, line 10, before "AGENCIES" insert "STATEWIDE".

Page 2, after line 44 insert:

"(IV) "STATEWIDE AGENCY" MEANS ANY BOARD, BUREAU, COMMISSION,
DEPARTMENT, INSTITUTION, DIVISION, SECTION, OR OFFICER OF THE STATE.
"STATEWIDE AGENCY" DOES NOT INCLUDE:
(A) THE LEGISLATIVE BRANCH;
(B) THE JUDICIAL BRANCH;
(C) STATE EDUCATIONAL INSTITUTIONS ADMINISTERED PURSUANT TO TITLE 23,
EXCEPT PART 1 OF ARTICLE 8, PARTS 2 AND 3 OF ARTICLE 21, AND PARTS 2 TO 4
OF ARTICLE 31 OF TITLE 23; OR
(D) THE ADJUTANT GENERAL OF THE NATIONAL GUARD, WHOSE POWERS AND
DUTIES ARE SET FORTH IN SECTION 28-3-106.".

Strike "AN AGENCY" and substitute "A STATEWIDE AGENCY" on: Page 1, lines 14
and 21; Page 2, lines 25 and 34; and Page 3, lines 5 and 20.

Before "AGENCY" insert "STATEWIDE" on: Page 1, lines 18 and 20; Page 2, line
27; and Page 3, line 9.

Senate Journal, May 2
HB23-1233 by Representative(s) Mauro and Valdez, Brown, Woodrow; also Senator(s) Priola and
Winter F.--Concerning energy efficiency, and, in connection therewith, requiring the state
electrical board to adopt rules facilitating electric vehicle charging at multifamily buildings,
limiting the ability of the state electrical board to prohibit the installation of electric vehicle
charging stations, forbidding private prohibitions on electric vehicle charging and parking,
requiring local governments to count certain spaces served by an electric vehicle charging
station for minimum parking requirements, forbidding local governments from prohibiting
the installation of electric vehicle charging stations, exempting electric vehicle chargers
from business personal property tax, and authorizing electric vehicle charging systems
along highway rights-of-way.

A majority of those elected to the Senate having voted in the affirmative, Senator Winter
was given permission to offer a third reading amendment.

Third Reading Amendment No. 1(L.044) , by Senator Winter.

Amend revised bill, page 24, line 12, after "community" insert "THAT IS
DESCRIBED IN SUBSECTION (2)(b)(II)(G) OR (2)(b)(II)(H) OF THIS SECTION OR".

Page 25, line 14, strike "DETERMINES" and substitute "DETERMINES, AFTER A
COMMUNITY PRESENTS EVIDENCE OF BEING AND REQUESTS TO BE CLASSIFIED AS
A DISPROPORTIONATELY IMPACTED COMMUNITY,".

Page 26, line 5, strike "(6);" and substitute "(6), REGARDLESS OF WHETHER THE
MOBILE HOME PARK IS A CENSUS BLOCK GROUP;".

Page 26, line 7, strike "RESERVATION." and substitute "RESERVATION,
REGARDLESS OF WHETHER THE COMMUNITY IS A CENSUS BLOCK GROUP;".

Page 26, line 19, strike "DESIGN" and substitute "ADMINISTER".

Page 26, strike lines 23 through 26 and substitute "IMPACTED COMMUNITY
UNDER SUBSECTION (2)(b)(II)(F) OF THIS SECTION. A STATEWIDE AGENCY
DETERMINING WHETHER A COMMUNITY IS A DISPROPORTIONALLY IMPACTED
COMMUNITY UNDER SUBSECTION (2)(b)(II)(F) OF THIS SECTION SHALL APPLY
THE MOST RECENT VERSION OF THE COLORADO ENVIROSCREEN TOOL
AVAILABLE AT THE TIME THE".

Page 27, line 9, strike "PRESIDENT" and substitute "PRESIDENT".

Page 27, line 11, strike "COMMUNITY." and substitute "COMMUNITY UNDER
SUBSECTION (2)(b)(II)(F) OF THIS SECTION.".

Page 27, line 13, strike "THIS SUBSECTION (5)(b)" and substitute "SUBSECTION
(2)(b)(II)(F) OF THIS SECTION".

The amendment was passed on the following roll call vote:

Senate Journal, January 26
After consideration on the merits, the Committee recommends that SB23-016 be amended
as follows, and as so amended, be referred to the Committee on Finance with favorable
recommendation.
Amend printed bill, page 7, line 27, strike "GASES." and substitute "GASES IN A
VERIFIABLE MANNER THAT MEETS COLORADO'S SHORT- AND LONG-TERM
GREENHOUSE GAS EMISSION REDUCTION GOALS, AS SET FORTH IN SECTION
25-7-102 (2)(g).".

Page 13, after line 23 insert:

"SECTION 9. In Colorado Revised Statutes, 40-1-126, add (2.5) as
follows:
40-2-126. Transmission facilities - biennial review - energy resource
zones - definitions - plans - approval - cost recovery - powerline trail
consideration. (2.5) IN REVIEWING A PLAN THAT AN ELECTRIC UTILITY
SUBMITS PURSUANT TO SUBSECTION (2)(b) OF THIS SECTION, THE COMMISSION
SHALL CONSIDER THE NEED FOR EXPANDED TRANSMISSION CAPACITY IN THE
STATE, INCLUDING THE ABILITY TO EXPAND CAPACITY THROUGH THE
CONSTRUCTION OF NEW TRANSMISSION LINES, IMPROVEMENTS TO EXISTING
TRANSMISSION LINES, AND CONNECTIONS TO ORGANIZED WHOLESALE MARKETS,
AS DEFINED IN SECTION 40-5-108 (1)(a).".

Renumber succeeding sections accordingly.

Page 16, strike lines 19 through 27.

Page 17, strike lines 1 through 12.

Renumber succeeding sections accordingly.

Page 17, after line 21 insert:

"SECTION 12. In Colorado Revised Statutes, add 40-42-109 as
follows:
40-42-109. Study on expanding transmission capacity - reporting
- repeal. (1) THE AUTHORITY SHALL EXPEND MONEY FROM THE OPERATIONAL
FUND CREATED IN SECTION 40-42-106 TO STUDY THE NEED FOR EXPANDED
TRANSMISSION CAPACITY IN THE STATE, INCLUDING:
(a) THE ABILITY TO EXPAND CAPACITY THROUGH THE CONSTRUCTION
OF NEW TRANSMISSION LINES, IMPROVEMENTS TO EXISTING TRANSMISSION
LINES, AND CONNECTIONS TO ORGANIZED WHOLESALE MARKETS, AS DEFINED IN
SECTION 40-5-108 (1)(a);
(b) WHETHER AND HOW EXPANDED TRANSMISSION CAPACITY WILL:
(I) IMPROVE THE SYSTEM RELIABILITY OF THE ELECTRIC GRID AND
PROVIDE OPTIMAL UTILIZATION OF ELECTRICITY FLOWS IN THE STATE;
(II) SUPPORT THE STATE'S EMISSION REDUCTION GOALS SET FORTH IN
SECTION 25-7-102 (2)(g);
(III) SUPPORT THE STATE'S FORECASTED ELECTRICITY NEEDS; AND
(IV) REDUCE LAND IMPACTS BY USING EXISTING RIGHTS-OF-WAY,
INCLUDING FOR LARGE CAPACITY TRANSMISSION LINES; CO-LOCATING MULTIPLE
TRANSMISSION LINES; RECONDUCTORING TRANSMISSION LINES; AND
STRATEGICALLY SITING NEW TRANSMISSION CORRIDORS.
(2) THE AUTHORITY SHALL PREPARE:
(a) AN INITIAL REPORT OF THE STUDY, INCLUDING ANY
RECOMMENDATIONS, AND PRESENT THE INITIAL REPORT TO THE COMMISSION ON
OR BEFORE SEPTEMBER 1, 2024; AND
(b) A FINAL REPORT OF THE STUDY, INCLUDING ANY
RECOMMENDATIONS, AND PRESENT THE FINAL REPORT TO THE JOINT COMMITTEE
OF THE HOUSE OF REPRESENTATIVES ENERGY AND ENVIRONMENT COMMITTEE
AND THE SENATE TRANSPORTATION AND ENERGY COMMITTEE, OR THEIR
SUCCESSOR COMMITTEES, ON OR BEFORE JANUARY 31, 2025.
(3) THIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2025.".

Renumber succeeding sections accordingly.

Senate Journal, February 22
Amend printed bill, page 4, strike lines 4 through 10.

Renumber succeeding sections accordingly.

Page 9, strike lines 4 through 6 and substitute "THAT THE PERMITTING OF A
CLASS VI INJECTION WELL:
(A) DOES NOT DISPROPORTIONATELY AFFECT THE HEALTH AND
WELL-BEING OF DISPROPORTIONATELY IMPACTED COMMUNITIES; AND
(B) COMPLIES WITH A LOCAL GOVERNMENT'S SITING OF THE PROPOSED
CLASS VI INJECTION WELL LOCATION.".

Page 10, after line 17 insert:

"SECTION 7. In Colorado Revised Statutes, 38-30-168, amend
(1)(b)(II) and (1)(b)(III); and add (1)(b)(IV) as follows:
38-30-168. Unreasonable restrictions on renewable energy
generation devices - definitions. (1) (b) As used in this section, "renewable
energy generation device" means:
(II) A wind-electric generator that meets the interconnection standards
established in rules promulgated by the public utilities commission pursuant to
section 40-2-124; or
(III) A geothermal energy device; OR
(IV) A HEAT PUMP SYSTEM, AS DEFINED IN SECTION 39-26-732 (2)(c).
SECTION 8. In Colorado Revised Statutes, 38-33.3-106.7, amend
(1)(b)(VI) as follows:
38-33.3-106.7. Unreasonable restrictions on energy efficiency
measures - definitions. (1) (b) As used in this section, "energy efficiency
measure" means a device or structure that reduces the amount of energy derived
from fossil fuels that is consumed by a residence or business located on the real
property. "Energy efficiency measure" is further limited to include only the
following types of devices or structures:
(VI) A heat pump SYSTEM, AS DEFINED IN SECTION 39-26-732 (2)(c).".

Renumber succeeding sections accordingly.

Page 16, after line 7 insert:

"SECTION 11. In Colorado Revised Statutes, 40-3.2-108, amend
(2)(a)(II) and (2)(p) introductory portion as follows:
40-3.2-108. Clean heat targets - legislative declaration - definitions
- plans - rules - reports. (2) Definitions. As used in this section, unless the
context otherwise requires:
(a) "Biomethane":
(II) Includes biomethane recovered from manure management systems
or anaerobic digesters, INCLUDING FROM OPERATIONS FOR DAIRY COWS, BEEF
CATTLE, POULTRY, SWINE, OR SHEEP, that has been processed to meet pipeline
quality.
(p) "Recovered methane protocol" means a documented set of
procedures and requirements established by the air quality control commission
to quantify ongoing greenhouse gas emission reductions or greenhouse gas
removal enhancements achieved by a recovered methane project and to
calculate the project baseline. IF A RECOVERED METHANE PROTOCOL DOES NOT
EXIST FOR A SOURCE OF RECOVERED METHANE IDENTIFIED IN SUBSECTION (2)(n)
OF THIS SECTION, THE AIR QUALITY CONTROL COMMISSION SHALL ESTABLISH A
RECOVERED METHANE PROTOCOL THAT IS CONSISTENT WITH THE LEGISLATIVE
DECLARATION SET FORTH IN SUBSECTION (1) OF THIS SECTION. A recovered
methane protocol must:".

Renumber succeeding sections accordingly.

Page 16, strike line 17 and substitute "FACILITIES, THAT ARE LOCATED PARTLY
OR ENTIRELY WITHIN COLORADO AND ARE APPROVED THROUGH A LOCAL
GOVERNMENT'S LAND-USE APPLICATION PROCESS, TO".

Page 18, line 1, strike "EXPEDITE" and substitute "EXPEDITE, AS PRACTICABLE,".

Senate Journal, April 6
After consideration on the merits, the Committee recommends that SB23-016 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 13, strike lines 24 through 27.

Strike pages 14 and 15.

Page 16, strike lines 1 through 7 and substitute:

"SECTION 9. In Colorado Revised Statutes, 40-2-114, amend
(2)(a)(III) as follows:
40-2-114. Disposition of fees collected - telecommunications utility
fund - fixed utility fund - appropriation. (2) (a) Money in the funds created
in subsection (1) of this section shall be expended only to defray the full amount
determined by the general assembly for:
(III) With regard only to expenditures from the public utilities
commission fixed utility fund created in subsection (1)(b) of this section, the
administrative expenses, not to exceed five hundred thousand dollars annually,
incurred by the Colorado electric transmission authority in carrying out its
duties under article 42 of this title 40. The Colorado electric transmission
authority shall remit to the PUBLIC UTILITIES COMMISSION fixed utility fund any
amounts it receives in excess of its actual administrative expenses plus a fifteen
FIFTY percent reserve margin.".

Page 18, after line 24 insert:

"SECTION 15. Appropriation. (1) For the 2023-24 state fiscal year,
$191,790 is appropriated to the department of natural resources for use by the
oil and gas conservation commission. This appropriation is from the oil and gas
conservation and environmental response fund created in section 34-60-122
(5)(a), C.R.S. To implement this act, the commission may use this appropriation
as follows:
(a) $151,142 for program costs, which amount is based on an
assumption that the commission will require an additional 1.6 FTE;
(b) $19,500 for the underground injection program; and
(c) $21,148 for the purchase of legal services.
(2) For the 2023-24 state fiscal year, $288,016 is appropriated to the
department of public health and environment for use by the air pollution control
division. This appropriation is from the general fund. To implement this act, the
division may use this appropriation as follows:
(a) $135,054 for personal services related to stationary sources, which
amount is based on an assumption that the subdivision will require an additional
1.4 FTE;
(b) $15,500 for operating expenses related to stationary sources; and
(c) $137,462 for the purchase of legal services.
(3) For the 2023-24 state fiscal year, $99,769 is appropriated to the
department of revenue. This appropriation is from the general fund. To
implement this act, the division may use this appropriation as follows:
(a) $44,327 for use by taxation services for personal services, which
amount is based on an assumption that the division will require an additional
0.7 FTE;
(b) $15,007 for use by taxation services for operating expenses; and
(c) $40,435 for use by administration for tax administration IT system
(GenTax) support.
(4) For the 2023-24 state fiscal year, $158,610 is appropriated to the
department of law. This appropriation is from reappropriated funds received
from the departments of natural resources and public health and environment
under subsections (1)(c) and (2)(c) of this section and is based on an assumption
that the department of law will require an additional 0.8 FTE. To implement
this act, the department of law may use this appropriation to provide legal
services for the departments of natural resources and public health and
environment.".

Renumber succeeding section accordingly.

Page 1, line 102, strike "COLORADO." and substitute "COLORADO, AND, IN
CONNECTION THEREWITH, MAKING AN APPROPRIATION.".


Appro-
priations

Senate Journal, April 13
SB23-016 by Senator(s) Hansen; also Representative(s) McCormick and Sirota--Concerning measures
to promote reductions in greenhouse gas emissions in Colorado.

Amendment No. 1, Transportation & Energy Committee Amendment.
(Printed in Senate Journal, January 26, page(s) 102-103 and placed in members' bill files.)

Amendment No. 2, Finance Committee Amendment.
(Printed in Senate Journal, February 22, page(s) 272-273 and placed in members' bill
files.)

Amendment No. 3, Appropriations Committee Amendment.
(Printed in Senate Journal, April 6, page(s) 700-701 and placed in members' bill files.)

Amendment No. 4(L.019), by Senator Hansen.

Amend printed bill, page 13, after line 23 insert:

"SECTION 9. In Colorado Revised Statutes, 40-1-102, amend (1.3);
and add (1.4), (8.2), and (8.3) as follows:
40-1-102. Definitions. As used in articles 1 to 7 of this title 40, unless
the context otherwise requires:
(1.3) "Charge" includes any consideration, however denominated, paid
or provided by a retail cooperative electric association to a wholesale electric
cooperative in connection with an agreement by which the retail cooperative
electric association terminates a wholesale electric service contract with the
wholesale electric cooperative "CERTIFICATE OF COMPLETION" MEANS AN
ATTESTATION THAT AN INTERCONNECTION CUSTOMER SUBMITS TO A PUBLIC
UTILITY TO CONFIRM THAT A RETAIL DISTRIBUTED GENERATION RESOURCE HAS
BEEN PROPERLY INSPECTED OR OTHERWISE CERTIFIED TO MEET THE SAFE
OPERATION REQUIREMENTS OF A LOCAL GOVERNMENT'S BUILDING CODE
ENFORCEMENT AUTHORITY.
(1.4) "CHARGE" INCLUDES ANY CONSIDERATION, HOWEVER
DENOMINATED, PAID OR PROVIDED BY A RETAIL COOPERATIVE ELECTRIC
ASSOCIATION TO A WHOLESALE ELECTRIC COOPERATIVE IN CONNECTION WITH
AN AGREEMENT BY WHICH THE RETAIL COOPERATIVE ELECTRIC ASSOCIATION
TERMINATES A WHOLESALE ELECTRIC SERVICE CONTRACT WITH THE WHOLESALE
ELECTRIC COOPERATIVE.
(8.2) "INTERCONNECTION AGREEMENT" MEANS AN AGREEMENT
BETWEEN A PUBLIC UTILITY AND AN INTERCONNECTION CUSTOMER TO
INTERCONNECT A RETAIL DISTRIBUTED GENERATION RESOURCE TO THE UTILITY
SYSTEM.
(8.3) (a) "INTERCONNECTION CUSTOMER" MEANS AN ENTITY THAT
PROPOSES TO INTERCONNECT A RETAIL DISTRIBUTED GENERATION RESOURCE ON
THE DISTRIBUTION SYSTEM OF A PUBLIC UTILITY.
(b) "INTERCONNECTION CUSTOMER" INCLUDES AN AFFILIATE OR A
SUBSIDIARY OF A PUBLIC UTILITY THAT PROPOSES TO INTERCONNECT A RETAIL
DISTRIBUTED GENERATION RESOURCE TO THE PUBLIC UTILITY'S SYSTEM.".

Renumber succeeding sections accordingly.

Page 16, after line 7 insert:

"SECTION 11. In Colorado Revised Statutes, amend 40-2-135 as
follows:
40-2-135. Retail distributed generation - customers' rights - rules.
(1) A retail electric utility customer is entitled to generate, consume, store, and
export electricity produced from eligible energy resources to the electric grid
through the use of customer-sited retail distributed generation, as defined in
section 40-2-124 (1)(a)(VIII), subject to reliability standards, interconnection
rules, and procedures, as determined by the commission.
(2) (a) A RETAIL ELECTRIC UTILITY VIOLATES THIS SECTION IF THE
UTILITY FAILS TO PROVIDE REASONABLE, GOOD FAITH, AND TIMELY SERVICE TO
AN INTERCONNECTION CUSTOMER AND SUCH VIOLATION MAY RESULT IN
COMMISSION ACTION, INCLUDING THE ASSESSMENT OF MONETARY FINES
AGAINST THE RETAIL ELECTRIC UTILITY. IF A RETAIL ELECTRIC UTILITY FAILS TO
PROVIDE TIMELY SERVICE AND ADHERE TO TIMELINES THAT THE COMMISSION
ESTABLISHES AS PART OF THE COMMISSION'S INTERCONNECTION RULES, THE
RETAIL ELECTRIC UTILITY MAY BE SUBJECT TO PENALTIES OF UP TO TWO
THOUSAND DOLLARS PER DAY FOR EACH DAY THAT THE VIOLATION OCCURRED.
(b) THE COMMISSION SHALL ADOPT RULES TO ANNUALLY ADJUST THE
PENALTY AMOUNT SET FORTH IN SUBSECTION (2)(a) OF THIS SECTION BASED ON
THE ANNUAL PERCENTAGE CHANGE IN THE UNITED STATES DEPARTMENT OF
LABOR'S BUREAU OF LABOR STATISTICS CONSUMER PRICE INDEX FOR THE
DENVER-AURORA-LAKEWOOD AREA FOR ALL ITEMS PAID BY ALL URBAN
CONSUMERS, OR ITS SUCCESSOR INDEX.
(c) (I) FOR A RETAIL DISTRIBUTED GENERATION RESOURCE THAT IS
TWENTY-FIVE KILOWATTS OR LESS, A PUBLIC UTILITY SHALL PROVIDE AN
INTERCONNECTION CUSTOMER AN EXECUTED INTERCONNECTION AGREEMENT
NO MORE THAN THIRTY BUSINESS DAYS AFTER RECEIVING PAYMENT OF AN
INTERCONNECTION FEE FROM THE INTERCONNECTION CUSTOMER.
(II) FOLLOWING THE CONSTRUCTION OF A RETAIL DISTRIBUTED
GENERATION RESOURCE, A PUBLIC UTILITY MUST PROVIDE INTERCONNECTION
OF THE CUSTOMER'S RETAIL DISTRIBUTED GENERATION RESOURCE NO MORE
THAN THIRTY BUSINESS DAYS AFTER THE INTERCONNECTION CUSTOMER
SUBMITS TO THE PUBLIC UTILITY A CERTIFICATE OF COMPLETION.
(III) IF THE SUM OF A PUBLIC UTILITY'S COMPLIANCE WITH THESE TIMES
SET FORTH IN THIS SUBSECTION (2)(c) EXCEEDS SIXTY DAYS, THE PUBLIC
UTILITY MAY BE SUBJECT TO PENALTIES CONSISTENT WITH THIS SUBSECTION (2).
(d) A PUBLIC UTILITY IS NOT SUBJECT TO PENALTIES UNDER THIS
SUBSECTION (2) IF THE PUBLIC UTILITY CAN DEMONSTRATE THAT:
(I) THE INTERCONNECTION CUSTOMER FAILED TO TIMELY REMEDY ANY
MATERIAL DEFECTS IN THE COMPLETION OF THE INTERCONNECTION CUSTOMER'S
APPLICATION FOR INTERCONNECTION AND THE PUBLIC UTILITY IDENTIFIED THE
DEFECTS DURING ITS REVIEW OF THE APPLICATION;
(II) THE RETAIL DISTRIBUTED GENERATION RESOURCE CANNOT BE
SAFELY INTERCONNECTED TO THE PUBLIC UTILITY'S SYSTEM IN A MANNER
CONSISTENT WITH THE COMMISSION'S INTERCONNECTION RULES; OR
(III) OTHER EXTENUATING CIRCUMSTANCES CAUSED A DELAY IN
INTERCONNECTION.
(3) (a) AN INTERCONNECTION CUSTOMER MAY FILE A COMPLAINT WITH
THE COMMISSION IN ACCORDANCE WITH SECTION 40-6-108 ALLEGING THAT A
PUBLIC UTILITY HAS VIOLATED SUBSECTION (2) OF THIS SECTION.
(b) IN CONSIDERING A COMPLAINT FILED PURSUANT TO THIS SUBSECTION
(3), THE COMMISSION MAY ORDER THE PUBLIC UTILITY TO REFUND
INTERCONNECTION STUDY FEES CHARGED TO THE INTERCONNECTION
CUSTOMER. IF A PUBLIC UTILITY IS ORDERED TO REFUND SUCH
INTERCONNECTION STUDY FEES, SUCH REFUND IS NOT AN EXPENSE THAT THE
PUBLIC UTILITY MAY RECOVER FROM ITS RATEPAYERS.
(4) THE COMMISSION SHALL ONLY ASSESS THE PENALTIES SET FORTH IN
SUBSECTION (2)(a) OF THIS SECTION AGAINST A PUBLIC UTILITY IF:
(a) AN INTERCONNECTION CUSTOMER OR COMMISSION STAFF HAS FILED,
AND THE COMMISSION HAS ADJUDICATED, A COMPLAINT PURSUANT TO SECTION
40-6-108; AND
(b) THE PUBLIC UTILITY HAS A TARIFF ON FILE WITH THE COMMISSION
THAT PROVIDES INCENTIVES AND PENALTIES TO PROVIDE INTERCONNECTION
SERVICE AND THE PUBLIC UTILITY HAS EXCEEDED THE TIMELINES ESTABLISHED
IN THE TARIFF FILING.
(5) IN JURISDICTIONS THAT ALLOW INTERCONNECTION WITHOUT A
PUBLIC UTILITY PRESENT, AN INTERCONNECTION CUSTOMER MAY INSTALL ALL
NECESSARY METERING EQUIPMENT AND ENERGIZE THE SYSTEM FOLLOWING
INSTALLATION IF:
(a) THE INTERCONNECTION CUSTOMER HAS AN INTERCONNECTION
AGREEMENT WITH A PUBLIC UTILITY AND A CERTIFICATE OF COMPLETION FROM
A LOCAL GOVERNMENT'S BUILDING CODE ENFORCEMENT AUTHORITY; AND
(b) THE INSTALLATION AND ENERGIZING WORK IS OVERSEEN BY A
LICENSED MASTER ELECTRICIAN.
(6) A PUBLIC UTILITY MAY RECOVER ITS PRUDENTLY INCURRED COSTS
TO FACILITATE A TIMELY INTERCONNECTION, WHICH COSTS MAY INCLUDE THE
COST OF EQUIPMENT THAT THE PUBLIC UTILITY PROCURES FOR FUTURE
UPGRADES NEEDED TO INTERCONNECT RETAIL DISTRIBUTED GENERATION
RESOURCES. A PUBLIC UTILITY MAY RECOVER THE COSTS OF ANY SUCH
EQUIPMENT INVENTORY AS CAPITAL WORK IN PROGRESS IF THE INVENTORY IS
PROJECTED TO BE USED WITHIN FIVE YEARS OF ITS PROCUREMENT AND WITH A
RETURN AT THE MOST RECENTLY AUTHORIZED WEIGHTED AVERAGE COST OF
CAPITAL.
SECTION 12. In Colorado Revised Statutes, 40-7-105, amend (1); and
add (1.5) and (4) as follows:
40-7-105. Violations - penalty - separate offenses - rules. (1) Any
public utility which THAT violates or fails to comply with any provision of the
state constitution or of articles 1 to 7 of this title TITLE 40 or which THAT fails,
omits, or neglects to obey, observe, or comply with any order, decision, decree,
rule, direction, demand, or requirement of the commission or any part or
provision thereof, except an order for the payment of money, in a case in which
a penalty has not been provided for such THE public utility, is subject to a
penalty of not more than two TWENTY thousand dollars for each PER offense
FOR EACH DAY THAT THE OFFENSE CONTINUES.
(1.5) (a) ANY PROPOSED PENALTY IS SUBJECT TO A FINDING BY THE
COMMISSION OF CUSTOMER HARM THAT IS COMMENSURATE WITH THE AMOUNT
OF THE PENALTY LEVIED. IN DETERMINING THE AMOUNT OF A PENALTY OR
WHETHER ANY PENALTY IS LEVIED, THE COMMISSION SHALL ALSO CONSIDER
FACTORS INCLUDING:
(I) THE SIZE OF THE UTILITY;
(II) FACTORS INFLUENCING THE VIOLATION;
(III) THE UTILITY'S PREVIOUS HISTORY OF ANY SIMILAR VIOLATIONS;
(IV) REMEDIAL MEASURES; AND
(V) ANY OTHER FACTORS THAT MAY MITIGATE ANY HARM TO
CUSTOMERS.
(b) THE COMMISSION SHALL ADOPT RULES TO ANNUALLY ADJUST THE
MAXIMUM PER-DAY PENALTY AMOUNT SET FORTH IN SUBSECTION (1) OF THIS
SECTION BASED ON THE ANNUAL PERCENTAGE CHANGE IN THE UNITED STATES
DEPARTMENT OF LABOR'S BUREAU OF LABOR STATISTICS CONSUMER PRICE
INDEX FOR THE DENVER-AURORA-LAKEWOOD AREA FOR ALL ITEMS PAID BY ALL
URBAN CONSUMERS, OR ITS SUCCESSOR INDEX.
(4) ANY PENALTY THAT THE COMMISSION ASSESSES AGAINST A UTILITY
UNDER THIS SECTION IS NOT RECOVERABLE AS AN EXPENSE PAYABLE BY THE
UTILITY'S RATEPAYERS.".

Renumber succeeding sections accordingly.

Amendment No. 5(L.025), by Senator Hansen.

Amend printed bill, page 7, line 8, strike "EIGHTY" and substitute
"SEVENTY-FIVE".

Amendment No. 6(L.026), by Senator Hansen.

Amend printed bill, page 10, line 21, after "legislative declaration -", insert
"tax preference performance statement -".

Page 12, strike lines 3 through 6 and substitute:

"(c) "RETAILER" HAS THE MEANING SET FORTH IN SECTION 39-26-102
(8).
(d) "RETAIL SALE" HAS THE MEANING SET FORTH IN SECTION 39-26-102
(9).".

Page 12, line 8, strike "TAXPAYER" and substitute "RETAILER QUALIFIED
PURSUANT TO SUBSECTION (3)(d)(III) OF THIS SECTION".

Page 12, strike lines 24 through 27.

Page 13, strike lines 1 through 7 and substitute:

"(d) (I) THE QUALIFIED RETAILER SHALL ELECTRONICALLY SUBMIT A
REPORT TO THE DEPARTMENT OF REVENUE, ON A QUARTERLY BASIS AND IN THE
FORM AND MANNER REQUIRED BY THE DEPARTMENT, THAT DETAILS THE
NUMBER OF PIECES OF NEW, ELECTRIC-POWERED LAWN EQUIPMENT SOLD BY THE
QUALIFIED RETAILER IN THE REPORTING PERIOD FOR WHICH THE QUALIFIED
RETAILER PROVIDED A DISCOUNT AS DESCRIBED IN SUBSECTION (3)(b) OF THIS
SECTION. THE DEPARTMENT MAY REQUIRE THE QUALIFIED RETAILER TO
INCLUDE ADDITIONAL INFORMATION IN THE REPORT.
(II) FOR INCOME TAX YEARS COMMENCING ON OR AFTER JANUARY 1,
2025, THE QUALIFIED RETAILER MAY ELECT ADVANCE PAYMENTS OF THE CREDIT
ALLOWED PURSUANT TO THIS SECTION AS SPECIFIED IN SECTION 39-22-629.
(III) BEFORE SELLING A PIECE OF NEW, ELECTRIC-POWERED LAWN
EQUIPMENT FOR WHICH A RETAILER INTENDS TO CLAIM A CREDIT PURSUANT TO
THIS SECTION, THE RETAILER SHALL REGISTER AS A QUALIFIED RETAILER BY
FILING WITH THE DEPARTMENT OF REVENUE A REGISTRATION STATEMENT IN THE
FORM AND MANNER THAT THE DEPARTMENT PRESCRIBES.
(4) IF A CREDIT AUTHORIZED BY THIS SECTION EXCEEDS THE INCOME
TAX DUE ON THE INCOME OF THE QUALIFIED RETAILER FOR THE TAXABLE YEAR,
THE EXCESS CREDIT MAY NOT BE CARRIED FORWARD AND MUST BE REFUNDED
TO THE QUALIFIED RETAILER.".

Page 13, line 16, strike "TAXPAYERS" and substitute "A QUALIFIED RETAILER".

Page 13, after line 23 insert:

"SECTION 9. In Colorado Revised Statutes, 39-22-629, amend as
added by House Bill 23-1272 (1)(a) as follows:
39-22-629. Advance payments of income tax credits - definitions -
repeal. (1) As used in this section, unless the context otherwise requires:
(a) "Applicable credit" means the credits allowed in sections
39-22-516.7, 39-22-516.8, 39-22-549, and 39-22-553.".

Renumber succeeding sections accordingly.

Page 18, line 25, strike "This" and substitute "(1) Except as provided in
subsection (2) of this section, this".

Page 19, after line 6 insert:

"(2) Section 39-22-549 (3)(d)(II), Colorado Revised Statutes, as enacted
in section 8 of this act, and section 9 of this act take effect only if House Bill
23-1272 becomes law, in which case section 39-22-549 (3)(d)(II), Colorado
Revised Statutes, as enacted in section 8 of this act, and section 9 of this act
take effect on the effective date of this act or House Bill 23-1272, whichever is
later.".

Strike "TAXPAYER" and substitute "QUALIFIED RETAILER" on: Page 12, lines 12,
15, and 21.

Amendment No. 7(L.027), by Senator Hansen.

Amend the Finance Committee Report, dated February 21, 2023, page 2, strike
lines 24 through 29 and substitute "project and to calculate the project baseline.
A RECOVERED METHANE PROTOCOL THAT THE AIR QUALITY CONTROL
COMMISSION ADOPTS FOR BIOMETHANE FROM MANURE MANAGEMENT SYSTEMS
MUST ALLOW FOR THE USE OF MANURE FROM BEEF CATTLE OPERATIONS. THE
AIR QUALITY CONTROL COMMISSION MAY ALSO ADOPT A RECOVERED METHANE
PROTOCOL THAT IS SPECIFIC TO MANURE MANAGEMENT FROM BEEF CATTLE
OPERATIONS. A recovered methane protocol".

Amendment No. 8(L.028), by Senator Hansen.

Amend printed bill, page 6, line 8, strike "WASTEWATER TO GENERATE
ELECTRICITY," and substitute "WASTEWATER,".

Page 6, line 9, strike "PURPOSE." and substitute "PURPOSE THAT REDUCES
GREENHOUSE GAS EMISSIONS FROM THE COMBUSTION OF GAS IN CUSTOMER END
USES.".

Page 6, line 20, strike "WASTEWATER TO GENERATE ELECTRICITY," and
substitute "WASTEWATER,".

Page 6, line 21, strike "PURPOSE." and substitute "PURPOSE THAT REDUCES
GREENHOUSE GAS EMISSIONS FROM THE COMBUSTION OF GAS IN CUSTOMER END
USES.".

Amendment No. 9(L.029), by Senator Hansen.

Amend printed bill, page 4, after line 3 insert:

"SECTION 2. In Colorado Revised Statutes, 24-38.5-102 amend (1)
as follows:
24-38.5-102. Colorado energy office - duties and powers. (1) The
Colorado energy office shall:
(a) Work with communities, utilities, AND private and public
organizations and individuals to promote TO:
(I) SUPPORT ACHIEVING LEGISLATIVE GOALS TO REDUCE STATEWIDE
GREENHOUSE GAS POLLUTION, AS DEFINED IN SECTION 25-7-103 (22.5);
(II) MAKE PROGRESS TOWARD ELIMINATING GREENHOUSE GAS
POLLUTION FROM ELECTRICITY GENERATION, GAS UTILITIES, AND
TRANSPORTATION;
(I) (III) IMPLEMENT the renewable energy standard established in
section 40-2-124;
(II) Clean and (IV) SUPPORT THE DEPLOYMENT OF renewable energy,
such as wind, hydroelectricity, solar, CLEAN HYDROGEN, and geothermal;
(III) (V) EVALUATE, AND WHEN APPROPRIATE, SUPPORT THE
DEPLOYMENT OF cleaner energy sources such as biogas, biomass, and CLEAN
HYDROGEN, GEOTHERMAL, RECOVERED METHANE, RECOVERED HEAT, AND
ADVANCED nuclear;
(IV) Traditional energy sources such as oil and other petroleum
products, coal, propane, and natural gas;
(V) (VI) SUPPORT THE DEPLOYMENT OF energy efficiency AND ENERGY
LOAD MANAGEMENT technologies and practices;
(VI) Cleaner technologies by utilizing traditional, Colorado-sourced
energy;
(VII) New EVALUATE, AND WHERE APPROPRIATE, SUPPORT THE
DEPLOYMENT OF INNOVATIVE energy technologies as described in section
40-2-123; and
(VIII) SUPPORT THE DEPLOYMENT OF energy storage systems,
INCLUDING BOTH LONG-DURATION AND SHORT-DURATION ENERGY STORAGE;
(IX) SUPPORT THE IMPLEMENTATION OF CLEAN HEAT PLANS PURSUANT
TO SECTION 40-3.2-108;
(X) SUPPORT WIDESPREAD TRANSPORTATION ELECTRIFICATION;
(XI) SUPPORT BENEFICIAL ELECTRIFICATION, AS DEFINED IN SECTION
40-1-102 (1.2) IN THE BUILDING, INDUSTRIAL, AND OIL AND GAS SECTORS;
(XII) SUPPORT INDUSTRIAL EMISSIONS REDUCTIONS;
(XIII) SUPPORT POLLUTION REDUCTION THROUGH CARBON CAPTURE
AND SEQUESTRATION AND OTHER FORMS OF CARBON MANAGEMENT; AND
(XIV) SUPPORT SUSTAINABLE LAND-USE PATTERNS THAT REDUCE
ENERGY CONSUMPTION AND GREENHOUSE GAS POLLUTION.
(b) Develop programs to promote high performance REDUCE ENERGY
USE AND GREENHOUSE GAS POLLUTION FROM buildings for IN commercial and
residential markets;
(c) Make SUPPORT EFFORTS TO REDUCE GREENHOUSE GAS POLLUTION
BY state government more THROUGH energy efficient EFFICIENCY, LOAD
MANAGEMENT, RENEWABLE ENERGY, TRANSPORTATION ELECTRIFICATION, AND
CLEANER PROCUREMENT;
(d) Promote technology transfer and economic development;
(e) Advance innovative energy efficiency, renewable energy, and
efficiency throughout the state as specified in sections 24-38.5-102.4 and
24-38.5-102.5;
(f) to (i) Repealed.
(j) (e) Ensure that information explaining the requirements of SUPPORT
THE ADOPTION AND IMPLEMENTATION OF ADVANCED energy codes is available
THAT REDUCE ENERGY USE AND GREENHOUSE GAS EMISSIONS and provide
INFORMATION AND technical assistance concerning the implementation and
enforcement of energy codes to both counties and municipalities, INCLUDING
as specified in sections 30-28-211 (7) 24-38.5-103, 24-38.5-401, 24-38.5-402,
and 31-15-602 (7); C.R.S.;
(k) (f) Collaborate with the state board of land commissioners regarding
renewable energy resource development as specified in section 36-1-147.5 (4);
C.R.S.;
(l) (g) Provide home energy efficiency improvements for low-income
households, INCLUDING THROUGH THE WEATHERIZATION ASSISTANCE
PROGRAM, as specified in section 40-8.7-112 (3)(b); C.R.S., and prepare and
submit to the general assembly an annual report as specified in section
40-8.7-112 (3)(f), C.R.S.;
(m) Establish and manage a program to improve energy efficiency in
public schools as provided in section 39-29-109.5, C.R.S.;
(n) (I) Provide public utilities with reasonable assistance, if requested,
in seeking and obtaining support and sponsorship for an IGCC project and
manage and distribute to the utility some or all of any funds provided by the
state or by the United States government to the state for purposes of study or
development of an IGCC project.
(II) As used in this subsection (1)(n), "IGCC project" means an IGCC
facility that:
(A) Demonstrates the use of IGCC technology to generate electricity
using Colorado or other western coal;
(B) Does not exceed three hundred fifty megawatts nameplate capacity;
except that it may exceed this capacity if the Colorado energy office determines
that a larger size is necessary to obtain the benefits of federal cost sharing,
financial grants or tax benefits, or other financial opportunities or arrangements
benefitting the project, including opportunities to jointly develop the project
with other electric utilities;
(C) Demonstrates the capture and sequestration of a portion of the
project's carbon dioxide emissions;
(D) Includes methods and procedures to monitor the fate of the carbon
dioxide captured and sequestered from the facility; and
(E) Is located in Colorado.
(III) As used in this subsection (1)(n), "IGCC facility" means an
integrated gasification combined cycle generation facility that converts coal to
a gaseous fuel from which impurities are removed prior to combustion, uses the
gaseous fuel in a combustion turbine to produce electricity, and captures the
waste heat from the combustion turbine to drive a steam turbine to produce
more electricity. An IGCC facility may also use natural gas, in addition to
gasified coal, as a fuel in the combustion turbine.
(o) (h) Collaborate with stakeholders to develop and encourage
increased utilization of energy curricula, including science, technology,
engineering, and math curricula, that will serve the work force WORKFORCE
needs of all CLEAN energy industries. Such collaboration may include executive
departments, research institutions, state colleges, community colleges, industry,
and trade organizations in an effort to develop a means by which the state may
address all facets of work force WORKFORCE demands in developing a balanced
energy portfolio SUPPORTING A CLEAN ENERGY FUTURE. Institutions may also
partner in the development of curricula with organizations that have existing
energy curricula and training programs.
(p) (i) Annually report to the senate agriculture, natural resources,
TRANSPORTATION and energy committee and the house agriculture, livestock,
and natural resources ENERGY AND ENVIRONMENT committee, or their successor
committees;
(q) (j) Administer the electric vehicle grant fund CREATED IN SECTION
24-38.5-103 (1)(a) AND THE COMMUNITY ACCESS ENTERPRISE CREATED IN
SECTION 24-38.5-303 (1);
(r) and (s) Repealed.
(t) (k) Assist the executive director of the department of local affairs in
allocating revenues from the geothermal resource leasing fund to eligible
entities pursuant to section 34-63-105; C.R.S.;
(u) (l) Develop basic consumer education or guidance about leased
solar installation and purchased solar installation in consultation with industries
that offer these options to consumers; and
(v) (m) In consultation with the appropriate industries, develop basic
consumer education or guidance about purchased or, if available, leased
installation of a system that uses geothermal energy for water heating or space
heating or cooling in a single building or for space heating for more than one
building through a pipeline network.".

Renumber succeeding sections accordingly.

Amendment No. 10(L.032), by Senator Hansen.

Amend printed bill, page 6, after line 9 insert:

"SECTION 5. In Colorado Revised Statutes, 25-7-114.7, amend
(2)(a)(VII) as follows:
25-7-114.7. Emission fees - fund - rules - definition - repeal.
(2) (a) (VII) The commission shall establish, by rule, a fee per ton of
greenhouse gas, in the form of carbon dioxide equivalent, that was reported in
the most recent air pollutant emission notice on file with the division, OR THAT
WAS REPORTED TO THE DIVISION PURSUANT TO SECTION 25-7-140 (2)(a)(I), in
an amount that is sufficient to cover the indirect and direct costs required to
develop and administer the programs established pursuant to this article 7 that
pertain to emissions of greenhouse gas. The commission may set thresholds of
reported greenhouse gas below which no such fee shall be assessed. No more
frequently than annually, the commission may adjust the fee for greenhouse gas
by rule to cover the indirect and direct costs required to develop and administer
the programs established pursuant to this article 7 that pertain to emissions of
greenhouse gas.".

Renumber succeeding sections accordingly.

Amendment No. 11(L.039), by Senator Hansen.

Amend printed bill, page 13, after line 23 insert:

"SECTION 9. In Colorado Revised Statutes, 39-29-110, amend (9)(b)
as follows:
39-29-110. Local government severance tax fund - creation -
administration - definitions - repeal.
(9) (b) This subsection (9) is repealed, effective July 1, 2023 JULY 1,
2025.
SECTION 10. In Session Laws of Colorado 2021, amend section 3 of
chapter 225, (HB 21-1253), as follows:
Section 3. Appropriation. For the 2020-21 state fiscal year, $5,000,000
is appropriated to the department of local affairs for use by the division of local
government. This appropriation is from the local government severance tax
fund created in section 39-29-110 (1)(a)(I), C.R.S. To implement this act, the
division of local government may use this appropriation for grants for
renewable and clean energy implementation projects that meet the division's
eligibility criteria for funding under the department's renewable and clean
energy initiative program. Any money appropriated in this section not expended
prior to July 1, 2021 JULY 1, 2025, is further appropriated to the division of
local government for the 2021-22 and 2022-23 state fiscal years for the same
purpose UNTIL THE MONEY IS FULLY EXPENDED.".

Renumber succeeding sections accordingly.

As amended, ordered engrossed and placed on the calendar for third reading and final
passage.

House Journal, April 21
20 SB23-016 be amended as follows, and as so amended, be referred to
21 the Committee on Finance with favorable
22 recommendation:
23
24 Amend reengrossed bill, page 11, after line 18 insert:
25
26 "SECTION 6. In Colorado Revised Statutes, 25-7-142, amend
27 (8)(c)(I) introductory portion and (8)(c)(II) introductory portion as
28 follows:
29 25-7-142. Energy benchmarking - data collection and access
30 - utility requirements - task force - rules - reports - definitions -
31 legislative declaration - repeal. (8) (c) (I) If at least two-thirds of the
32 members appointed to the task force agree on recommendations pursuant
33 to subsection (8)(a)(I) of this section, and the director of the office in
34 consultation with the division determines that the recommendations meet
35 the greenhouse gas emission reduction requirements set forth in
36 subsection (8)(a)(II) of this section, the division shall, on or before
37 January 31, 2023, request that the commission publish a notice of
38 proposed rule-making to adopt rules to implement performance standards.
39 On or before June 1, 2023 SEPTEMBER 1, 2023, the commission, upon
40 careful consideration of the recommendations of the task force as
41 presented by the division, shall promulgate rules to establish performance
42 standards. The commission shall also adopt rules regarding waivers and
43 extensions of time regarding the performance standard requirements. The
44 commission's rules must include a provision that an owner of a public
45 building need only comply with performance standards with regard to
46 work on a construction or renovation project that:
47 (II) If two-thirds of the members of the task force cannot agree on
48 recommendations or if the director of the office in consultation with the
49 commission determines that the task force's recommendations do not meet
50 the greenhouse gas emission reduction requirements set forth in
51 subsection (8)(a)(II) of this section, the commission, on or before June 1,
52 2023 SEPTEMBER 1, 2023, shall, by rule, adopt performance standards that
53 meet the greenhouse gas emission reduction requirements set forth in
54 subsection (8)(a)(II) of this section. The commission shall also adopt
55 rules regarding waivers and extensions of time regarding the performance
1 standard requirements. The commission's rules must include a provision
2 that an owner of a public building need only comply with performance
3 standards with regard to work on a construction or renovation project
4 that:".
5
6 Renumber succeeding sections accordingly.
7
8 Page 12, line 27, strike "(9)(c) and (9)(d)" and substitute "(9)(c), (9)(d),
9 (9)(e), (9.3), and (9.5)".
10
11 Page 14, strike lines 15 through 21 and substitute "SUBSECTION (9)(a) OF
12 THIS SECTION.
13 (III) (A) IF THE CLASS VI INJECTION WELL IS PROPOSED TO BE
14 SITED IN AN AREA THAT WOULD AFFECT A DISPROPORTIONATELY
15 IMPACTED COMMUNITY, THE COMMISSION SHALL WEIGH THE GEOLOGIC
16 STORAGE OPERATOR'S SUBMITTED CUMULATIVE IMPACTS ANALYSIS AND
17 DETERMINE WHETHER, ON BALANCE, THE CUMULATIVE IMPACTS OF THE
18 CLASS VI INJECTION WELL, INCLUDING THE ECONOMIC IMPACTS AND ANY
19 REQUIRED MITIGATION MEASURES, WILL HAVE A POSITIVE EFFECT ON THE
20 DISPROPORTIONATELY IMPACTED COMMUNITY. A PROPOSAL THAT WILL
21 HAVE NEGATIVE NET CUMULATIVE IMPACTS ON ANY DISPROPORTIONATELY
22 IMPACTED COMMUNITY MUST BE DENIED. THE COMMISSION SHALL ADOPT
23 RULES TO GUIDE EACH COMMISSIONER'S EVALUATION OF CUMULATIVE
24 IMPACTS.
25 (B) THE COMMISSION MAY AMEND BY RULE THE CUMULATIVE
26 EFFECTS ANALYSIS AND REQUIREMENTS SET FORTH IN THIS SUBSECTION
27 (9)(c)(III) IF THE ANALYSIS AND REQUIREMENTS ARE FOUND TO BE
28 INCONSISTENT WITH OR INCOMPLETE WITH RESPECT TO THE COMMISSION'S
29 APPLICATION TO THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY FOR
30 CLASS VI PRIMACY.".
31
32 Renumber succeeding subparagraph accordingly.
33
34 Page 15, line 7, strike "(9)(c)(III)(B)" and substitute "(9)(c)(IV)(B)".
35
36 Page 15, after line 20 insert:
37
38 "(d) IN ISSUING AND ENFORCING PERMITS PURSUANT TO
39 SUBSECTION (9)(c) OF THIS SECTION, THE COMMISSION SHALL ENSURE,
40 AFTER A PUBLIC HEARING, THAT:
41 (I) THE PERMITTING OF A CLASS VI INJECTION WELL COMPLIES
42 WITH A LOCAL GOVERNMENT'S SITING OF THE PROPOSED CLASS VI
43 INJECTION WELL LOCATION;
44 (II) THE PROPOSED NEW OR MODIFIED CLASS VI INJECTION WELL
45 HAS RECEIVED AN APPLICABLE AIR PERMIT FROM THE DIVISION OF
46 ADMINISTRATION IN THE DEPARTMENT OF PUBLIC HEALTH AND
47 ENVIRONMENT;
48 (III) THE OPERATOR OF THE CLASS VI INJECTION WELL HAS
49 RECEIVED THE CONSENT OF ANY SURFACE OWNER OR OWNERS OF THE
50 LAND WHERE THE SURFACE DISTURBANCE WILL OCCUR AND HAS PROVIDED
51 THE COMMISSION A WRITTEN CONTRACTUAL AGREEMENT THAT THE
52 SURFACE OWNER OR OWNERS HAVE EXECUTED; AND
53 (IV) THE COMMISSION HAS DELIBERATED ON THE CUMULATIVE
54 IMPACTS OF THE PROPOSED CLASS VI INJECTION WELL. THE CUMULATIVE
55 IMPACT ANALYSIS MUST INCLUDE:
56
1 (A) ANY APPLICABLE AIR QUALITY MODELING REQUIRED BY
2 SECTION 25-7-111 (2);
3 (B) AN ANALYSIS OF THE NET IMPACT OF THE WELL ON
4 GREENHOUSE GAS EMISSIONS AND COPOLLUTANTS, INCLUDING
5 CONSIDERATION OF A NO-ACTION ALTERNATIVE AND OF NET CHANGES IN
6 LIFE CYCLE EMISSIONS; AND
7 (C) AN EVALUATION OF HOW NEGATIVE IMPACTS ARE AVOIDED OR,
8 IF NOT AVOIDED, HOW NEGATIVE IMPACTS ARE MINIMIZED AND MITIGATED
9 AND WHICH, IF ANY, NEGATIVE IMPACTS COULD NOT BE MITIGATED.".
10
11 Reletter succeeding paragraph accordingly.
12
13 Page 15, after line 24 insert:
14
15 "(II) "CUMULATIVE IMPACTS" MEANS THE EFFECT OF A PROPOSED
16 NEW OR MODIFIED CLASS VI INJECTION WELL ON THE ENVIRONMENT,
17 INCLUDING THE EFFECT ON AIR QUALITY, WATER QUALITY, CLIMATE,
18 NOISE, ODOR, WILDLIFE, BIOLOGICAL RESOURCES, AND PUBLIC HEALTH,
19 THAT IS CAUSED BY THE INCREMENTAL IMPACT THAT A NEW OR MODIFIED
20 CLASS VI INJECTION WELL HAS, WHEN ADDED TO THE IMPACTS FROM
21 OTHER PAST, PRESENT, AND REASONABLY FORESEEABLE FUTURE
22 DEVELOPMENT OF ANY TYPE, ON THE RELEVANT AREA, INCLUDING AN
23 AIRSHED OR WATERSHED, OR ON A DISPROPORTIONATELY IMPACTED
24 COMMUNITY.".
25
26 Renumber succeeding subparagraphs accordingly.
27
28 Page 16, after line 5 insert:
29
30 "(9.3) (a) THE COMMISSION, IN CONSULTATION WITH THE
31 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, SHALL DEVELOP AND
32 UTILIZE REGULATIONS FOR ANALYZING THE FULL LIFE CYCLE OF EMISSIONS
33 RELATED TO THE PERMITTING OF A PROPOSED NEW OR MODIFIED CLASS VI
34 INJECTION WELL. THE COMMISSION AND THE DEPARTMENT MAY REQUEST
35 FROM AN OPERATOR, AND ARE ENTITLED TO RECEIVE, ANY RELEVANT
36 DATA REQUIRED TO COMPLETE SUCH ANALYSIS.
37 (b) A LIFE CYCLE EMISSIONS ANALYSIS MUST INCLUDE
38 CONSIDERATION OF:
39 (I) THE DIRECT EMISSIONS FROM THE CONSTRUCTION AND
40 OPERATIONS OF THE CLASS VI INJECTION WELL;
41 (II) POTENTIAL LEAKAGE FROM THE CLASS VI INJECTION WELL
42 OVER ITS LIFETIME, IF APPLICABLE; AND
43 (III) THE SCOPE OF THE EMISSIONS FROM ENERGY INPUTS TO
44 CONSTRUCT OR OPERATE THE CLASS VI INJECTION WELL, BASED ON THE
45 MOST CURRENT ENERGY INPUTS AND CONSIDERATION OF EMISSION
46 INTENSITY FORECASTS, IF APPLICABLE.
47 (c) THE COMMISSION MAY ADOPT RULES TO ESTABLISH A PROCESS
48 TO CERTIFY THE QUANTITY OF CARBON DIOXIDE THAT WILL BE STORED IN
49 A PROPOSED NEW OR MODIFIED CLASS VI INJECTION WELL.
50 (d) THE COMMISSION, IN CONSULTATION WITH THE DEPARTMENT
51 OF PUBLIC HEALTH AND ENVIRONMENT, SHALL EVALUATE THE RISK OF
52 CLASS VI INJECTION WELLS BY DETERMINING THE LIKELIHOOD AND
53 SEVERITY OF AN INCIDENT INVOLVING A CLASS VI INJECTION WELL, THE
54 POTENTIAL FOR EXPOSURE FROM SUCH INCIDENT, AND THE OVERALL
55 EFFECT THAT SUCH INCIDENT COULD HAVE ON THE PUBLIC HEALTH,
56 SAFETY, AND WELFARE AND ON THE ENVIRONMENT.
1 (9.5) (a) ON OR BEFORE FEBRUARY 1, 2024, THE COMMISSION, IN
2 CONSULTATION WITH THE DEPARTMENT OF PUBLIC HEALTH AND
3 ENVIRONMENT, SHALL CONDUCT A STUDY TO BETTER UNDERSTAND THE
4 SAFETY OF CLASS VI INJECTION WELLS, THE POTENTIAL FOR CARBON
5 DIOXIDE RELEASES FROM THE WELLS, AND METHODS TO LIMIT THE
6 LIKELIHOOD OF A CARBON DIOXIDE RELEASE FROM A CLASS VI INJECTION
7 WELL OR CARBON DIOXIDE PIPELINE OR SEQUESTRATION FACILITY. THE
8 STUDY MUST INCLUDE:
9 (I) AN EVALUATION OF THE POTENTIAL AIR QUALITY IMPACTS OF
10 CAPTURE TECHNOLOGY AT A CARBON DIOXIDE SOURCE FACILITY;
11 (II) CARBON DIOXIDE PIPELINE SAFETY CONSIDERATIONS,
12 INCLUDING COMPUTER MODELING TO SIMULATE CARBON DIOXIDE LEAKS
13 FROM PIPELINES OF VARYING DIAMETERS AND LENGTHS;
14 (III) APPROPRIATE SAFETY PROTOCOLS IN THE OPERATION AND
15 MAINTENANCE OF A CLASS VI INJECTION WELL;
16 (IV) METHODS FOR DETERMINING THE STABILITY OF
17 UNDERGROUND CARBON DIOXIDE STORAGE AND ESTIMATES OF THE TIME
18 NEEDED FOR CARBON DIOXIDE PLUME STABILIZATION; AND
19 (V) RECOMMENDATIONS FOR SAFETY MEASURES TO PROTECT
20 COMMUNITIES FROM CARBON DIOXIDE RELEASES, SUCH AS HAZARD ZONES,
21 PUBLIC NOTIFICATION SYSTEMS, SETBACKS, ADDITIONAL MONITORING
22 REQUIREMENTS, OR OTHER MEASURES.
23 (b) ON OR BEFORE MARCH 1, 2024, THE COMMISSION SHALL
24 PRESENT ITS FINDINGS AND CONCLUSIONS FROM THE STUDY, INCLUDING
25 ANY RECOMMENDATIONS FOR LEGISLATION, TO THE HOUSE OF
26 REPRESENTATIVES ENERGY AND ENVIRONMENT COMMITTEE AND THE
27 SENATE TRANSPORTATION AND ENERGY COMMITTEE, OR THEIR SUCCESSOR
28 COMMITTEES. THE COMMISSION SHALL NOT PERMIT A CLASS VI INJECTION
29 WELL IN THE STATE UNTIL THE STUDY HAS BEEN COMPLETED AND
30 PRESENTED TO THE GENERAL ASSEMBLY.
31 (c) A CLASS VI INJECTION WELL SHALL NOT BE LOCATED WITHIN
32 TWO THOUSAND FEET OF A RESIDENCE, SCHOOL, OR COMMERCIAL
33 BUILDING. THE COMMISSION MAY ADJUST THE TWO-THOUSAND-FOOT
34 SETBACK BY RULE AFTER STUDYING AND EVALUATING THE SEVERITY OF
35 IMPACTS ARISING FROM FOUR OR MORE CLASS VI INJECTION WELLS THAT
36 HAVE BEEN IN PLACE IN THE STATE FOR AT LEAST FOUR YEARS.".
37
38 Strike "(9)(c)(III)" and substitute "(9)(c)(IV)" on: Page 15, lines 2, 11, 12,
39 and 18.

House Journal, April 25
5 SB23-016 be amended as follows, and as so amended, be referred to
6 the Committee on Appropriations with favorable
7 recommendation:
8
9 Amend the Energy and Environment Committee Report, dated April 20,
10 2023, page 2, strike line 11 and substitute "(9)(e), (9.3), (9.5), and
11 (9.7)".".
12
13 Page 2, strike lines 18 through 20 and substitute "DETERMINE WHETHER,
14 ON BALANCE, THE CLASS VI INJECTION WELL WILL HAVE A POSITIVE
15 EFFECT ON THE".
16
17 Page 2, strike lines 28 through 30 and substitute "(9)(c)(III) IF THE
18 COMMISSION FINDS THE ANALYSIS AND REQUIREMENTS TO BE
19 INCONSISTENT WITH, OR INCOMPLETE WITH RESPECT TO, THE FEDERAL
20 ENVIRONMENTAL PROTECTION AGENCY'S REQUIREMENTS FOR".
21
22 Page 5, line 22, strike "YEARS."." and substitute "YEARS.
23 (9.7) (a) THE COMMISSION MAY CONDUCT A STUDY TO DETERMINE
24 IF THE STATE SHOULD SEEK REGULATORY PRIMACY UNDER THE FEDERAL
25 "SAFE DRINKING WATER ACT", 42 U.S.C. SEC. 300f ET SEQ., AS
26 AMENDED, FOR ALL SUBSURFACE INJECTION CLASSES INCLUDED WITHIN
27 THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY'S UNDERGROUND
28 INJECTION CONTROL PROGRAM, WHICH STUDY MUST INCLUDE
29 RECOMMENDATIONS ON THE APPROPRIATE ADMINISTRATIVE STRUCTURE
30 AND IDENTIFICATION OF OTHER STATE AGENCIES THAT ARE NECESSARY TO
31 IMPLEMENT A SAFE AND EFFECTIVE PROGRAM.
32 (b) IF THE COMMISSION CONDUCTS THE STUDY PURSUANT TO
33 SUBSECTION (9.7)(a) OF THIS SECTION, THE COMMISSION SHALL, ON OR
34 BEFORE DECEMBER 1, 2024:
35 (I) COMPLETE A REPORT SUMMARIZING THE FINDINGS,
36 CONCLUSIONS, AND RECOMMENDATIONS FROM THE STUDY;
37 (II) POST A COPY OF THE COMPLETED REPORT ON THE
38 COMMISSION'S WEBSITE; AND
39 (III) SUBMIT COPIES OF THE COMPLETED REPORT TO THE HOUSE OF
40 REPRESENTATIVES ENERGY AND ENVIRONMENT COMMITTEE AND THE
41 SENATE TRANSPORTATION AND ENERGY COMMITTEE, OR THEIR SUCCESSOR
42 COMMITTEES.
43 (c) THIS SUBSECTION (9.7) IS REPEALED, EFFECTIVE JULY 1,
44 2025.".".
45
46 Amend reengrossed bill, page 18, after line 13 insert:
47
48 "(c) "QUALIFIED RETAILER" MEANS A RETAILER THAT SELLS LAWN
49 EQUIPMENT AND:
50 (I) HOLDS A STATE SALES TAX LICENSE;
51 (II) HAS TIMELY FILED A MONTHLY SALES TAX RETURN SHOWING
52 A TAX LIABILITY FOR AT LEAST TWELVE MONTHS;
53 (III) HAS PAID THE TAXES DUE ON THE MONTHLY SALES TAX
54 RETURN; AND
55 (IV) HAS REGISTERED WITH THE DEPARTMENT OF REVENUE
56 PURSUANT TO SUBSECTION (3)(d)(III) OF THIS SECTION.".
1 Reletter succeeding paragraphs accordingly.
2
3 Page 27, after line 7 insert:
4
5 "SECTION 19. In Colorado Revised Statutes, 40-5-107, add (2.5)
6 as follows:
7 40-5-107. Electric vehicle programs - service connection cost
8 recovery - definitions - repeal. (2.5) AN ELECTRIC PUBLIC UTILITY MAY
9 RECOVER ITS PRUDENTLY INCURRED COSTS TO FACILITATE A TIMELY
10 ELECTRIC VEHICLE CHARGING SERVICE CONNECTION, WHICH COSTS MAY
11 INCLUDE THE COSTS OF EQUIPMENT THAT THE ELECTRIC PUBLIC UTILITY
12 PROCURES FOR FUTURE UPGRADES NEEDED TO PROVIDE SERVICE
13 CONNECTIONS FOR ELECTRIC VEHICLE CHARGING. AN ELECTRIC PUBLIC
14 UTILITY MAY RECOVER THE COSTS OF ANY SUCH EQUIPMENT INVENTORY
15 AS CAPITAL WORK IN PROGRESS IF THE INVENTORY IS PROJECTED TO BE
16 USED WITHIN THREE YEARS OF ITS PROCUREMENT AND WITH A RETURN AT
17 THE MOST RECENTLY AUTHORIZED WEIGHTED AVERAGE COST OF
18 CAPITAL.".
19
20 Renumber succeeding sections accordingly.
21
22 Page 31, after line 7 insert:
23
24 "SECTION 25. In Colorado Revised Statutes, 29-20-104, amend
25 (1)(h) introductory portion, (1)(h)(II), (2)(b), and (2)(c); and add (2)(d)
26 as follows:
27 29-20-104. Powers of local governments - definition.
28 (1) Except as expressly provided in section 29-20-104.5, the power and
29 authority granted by this section does not limit any power or authority
30 presently exercised or previously granted. Each local government within
31 its respective jurisdiction has the authority to plan for and regulate the use
32 of land by:
33 (h) Regulating the surface impacts of oil and gas operations AND
34 CLASS VI INJECTION WELLS in a reasonable manner to address matters
35 specified in this subsection (1)(h) and to protect and minimize adverse
36 impacts to public health, safety, and welfare and the environment.
37 Nothing in this subsection (1)(h) is intended to alter, expand, or diminish
38 the authority of local governments to regulate air quality under section
39 25-7-128. For purposes of this subsection (1)(h), "minimize adverse
40 impacts" means, to the extent necessary and reasonable, to protect public
41 health, safety, and welfare and the environment by avoiding adverse
42 impacts from oil and gas operations AND CLASS VI INJECTION WELLS and
43 minimizing and mitigating the extent and severity of those impacts that
44 cannot be avoided. The following matters are covered by this subsection
45 (1)(h):
46 (II) The location and siting of oil and gas facilities and oil and gas
47 locations, as those terms are defined in section 34-60-103 (6.2) and (6.4)
48 AND THE LOCATION AND SITING OF CLASS VI INJECTION WELLS;
49 (2) To implement the powers and authority granted in subsection
50 (1)(h) of this section, a local government within its respective jurisdiction
51 has the authority to:
52 (b) Impose fines for leaks, spills, and emissions; and
53 (c) Impose fees on operators or owners to cover the reasonably
54 foreseeable direct and indirect costs of permitting and regulation and the
1 costs of any monitoring and inspection program necessary to address the
2 impacts of development and to enforce local governmental requirements;
3 AND
4 (d) IMPOSE FEES TO ENHANCE EMERGENCY PREPAREDNESS AND
5 EMERGENCY RESPONSE CAPABILITIES IF A CARBON DIOXIDE RELEASE
6 OCCURS. ALLOWABLE EXPENDITURES OF THE FEES COLLECTED INCLUDE:
7 (I) PREPARING EMERGENCY RESPONSE PLANS FOR A CARBON
8 DIOXIDE RELEASE;
9 (II) PURCHASING ELECTRIC EMERGENCY RESPONSE VEHICLES;
10 (III) DEVELOPING OR MAINTAINING A TEXT MESSAGE OR OTHER
11 EMERGENCY COMMUNICATION ALERT SYSTEM;
12 (IV) PURCHASING DEVICES THAT ASSIST IN THE DETECTION OF A
13 CARBON DIOXIDE RELEASE;
14 (V) EQUIPMENT FOR FIRST RESPONDERS, LOCAL RESIDENTS, AND
15 MEDICAL FACILITIES THAT ASSIST IN THE PREPARATION FOR, DETECTION
16 OF, OR RESPONSE TO THE RELEASE OF CARBON DIOXIDE OR OTHER TOXIC
17 OR HAZARDOUS MATERIALS; AND
18 (VI) TRAINING AND TRAINING MATERIALS FOR FIRST RESPONDERS,
19 LOCAL RESIDENTS, BUSINESSES, AND OTHER LOCAL ENTITIES TO PREPARE
20 FOR AND RESPOND TO THE RELEASE OF CARBON DIOXIDE OR OTHER TOXIC
21 OR HAZARDOUS MATERIALS.".
22
23 Renumber succeeding sections accordingly.
24
25

House Journal, April 26
49 Amend reengrossed bill, page 12, line 18, strike "AN" and substitute "A".
50
51 Page 19, after line 7 insert:
52
53
1 "(d) THE QUALIFIED RETAILER MAY RETAIN FROM THE CREDIT
2 ALLOWED IN THIS SECTION AN ADMINISTRATIVE FEE NOT TO EXCEED THREE
3 PERCENT OF THE PURCHASE PRICE OF THE NEW, ELECTRIC-POWERED LAWN
4 EQUIPMENT SOLD.".
5
6 Reletter succeeding paragraph accordingly.
7
8 Page 19, strike lines 17 through 21 and substitute:
9
10 "(II) BEFORE SELLING A PIECE OF NEW, ELECTRIC-POWERED
11 LAWN".
12
13 Page 21, strike lines 13 through 19.
14
15 Renumber succeeding sections accordingly.
16
17 Page 29, before line 22 insert:
18
19 "SECTION 22. In Colorado Revised Statutes, 40-42-104, add
20 (4.5) as follows:
21 40-42-104. General and specific powers and duties of the
22 authority. (4.5) ON AND AFTER JULY 1, 2024, THE AUTHORITY SHALL
23 OPERATE ON A FISCAL YEAR THAT ALIGNS WITH THE STATE FISCAL YEAR.".
24
25 Renumber succeeding sections accordingly.
26
27 Page 32, strike lines 11 through 27 and substitute:
28
29 "SECTION 26. Appropriation. (1) For the 2023-24 state fiscal
30 year, $338,270 is appropriated to the department of natural resources for
31 use by the oil and gas conservation commission. This appropriation is
32 from the oil and gas conservation and environmental response fund
33 created in section 34-60-122 (5)(a), C.R.S. To implement this act, the
34 commission may use this appropriation as follows:
35 (a) $317,122 for program costs, which amount is based on an
36 assumption that the commission will require an additional 3.2 FTE; and
37 (b) $21,148 for legal services.
38 (2) For the 2023-24 state fiscal year, $14,706 is appropriated to
39 the department of public health and environment for use by the air
40 pollution control division. This appropriation is from the general fund,
41 and is based on an assumption that the division will require an additional
42 0.2 FTE. To implement this act, the division may use this appropriation
43 for personal services related to stationary sources.
44 (3) For the 2023-24 state fiscal year, $34,052 is appropriated to
45 the department of revenue. This appropriation is from the general fund.
46 To implement this act, the department may use this appropriation as
47 follows:
48 (a) $7,392 for use by taxation services for operating expenses; and
49 (b) $26,660 for tax administration IT system (GenTax) support.
50 (4) For the 2023-24 state fiscal year, $21,148 is appropriated to
51 the department of law. This appropriation is from reappropriated funds
52 received from the department of natural resources under subsection (1)(b)
53 of this section and is based on an assumption that the department of law
1 will require an additional 0.1 FTE. To implement this act, the department
2 of law may use this appropriation to provide legal services for the
3 department of natural resources.".
4
5 Page 33, strike lines 1 through 21.
6
7 Page 33, strike line 23 and substitute "This act takes".
8
9 Page 34, strike lines 5 through 10.
10
11

House Journal, April 26
52 Amendment No. 2, Finance Report, dated April 24, 2023, and placed in
53 member's bill file; Report also printed in House Journal, April 25, 2023.
54
55
1 Amendment No. 3, Energy & Environment Report, dated April 20, 2023,
2 and placed in member's bill file; Report also printed in House Journal,
3 April 21, 2023.
4
5 Amendment No. 4, by Representative McCormick:
6
7 Amend the Appropriations Committee Report, dated April 26, 2023, page
8 2, strike lines 18 through 23.
9
10 Renumber succeeding subsection accordingly.
11
12 Amendment No. 5, by Representative McCormick:
13
14 Amend the Energy and Environment Committee Report, dated April 20,
15 2023, page 2, strike lines 23 through 25 and substitute "IMPACTED
16 COMMUNITY MUST BE DENIED. THE COMMISSION'S DECISION MUST
17 INCLUDE A PLAIN LANGUAGE SUMMARY OF ITS DETERMINATION.".
18
19 Page 3, strike lines 14 through 25 and substitute:
20
21 "(IV) THE COMMISSION HAS EVALUATED AND ADDRESSED ANY
22 CLASS VI INJECTION WELL IMPACTS FROM THE PROPOSED CLASS VI
23 INJECTION WELL ON THE AFFECTED AREA TO ENSURE THE TERMS AND
24 CONDITIONS OF ANY PERMIT ISSUED UNDER THIS SECTION ARE SUFFICIENT
25 TO ENSURE THAT ANY CLASS VI INJECTION WELL IMPACTS ARE AVOIDED,
26 MINIMIZED TO THE EXTENT PRACTICABLE, AND, TO THE EXTENT THAT ANY
27 CLASS VI INJECTION WELL IMPACTS REMAIN, THAT THE IMPACTS ARE
28 MITIGATED. THE COMMISSION SHALL PROVIDE A PLAIN LANGUAGE
29 SUMMARY OF HOW THE NEGATIVE IMPACTS ARE AVOIDED OR, IF NOT
30 AVOIDED, MINIMIZED AND MITIGATED AND, IF ANY, THE NEGATIVE
31 IMPACTS THAT CANNOT BE MITIGATED.".".
32
33 Amendment No. 6, by Representative McCormick:
34
35 Amend the Energy and Environment Committee Report, dated April 20,
36 2023, page 2, strike line 31 and substitute "CLASS VI PRIMACY.
37 (C) AS USED IN THIS SUBSECTION (9)(c)(III), "CUMULATIVE
38 IMPACTS" MEANS THE EFFECT ON PUBLIC HEALTH AND THE ENVIRONMENT,
39 INCLUDING THE EFFECT ON AIR QUALITY, WATER QUALITY, THE CLIMATE,
40 NOISE, ODOR, WILDLIFE, AND BIOLOGICAL RESOURCES, CAUSED BY THE
41 INCREMENTAL IMPACT THAT A PROPOSED NEW OR MODIFIED CLASS VI
42 INJECTION WELL WOULD HAVE WHEN ADDED TO THE IMPACTS FROM OTHER
43 PAST, PRESENT, AND REASONABLY FORESEEABLE FUTURE DEVELOPMENT
44 OF ANY TYPE ON THE AFFECTED AREA, INCLUDING AN AIRSHED OR
45 WATERSHED, OR ON A DISPROPORTIONATELY IMPACTED COMMUNITY.".".
46
47 Page 3, strike lines 27 through 37 and substitute:
48
49 "Page 15 of the reengrossed bill, after line 22 insert:
50
51 "(I) "CLASS VI INJECTION WELL IMPACTS" MEANS THE EFFECT ON
52 THE PUBLIC HEALTH AND THE ENVIRONMENT, INCLUDING AIR, WATER AND
53 SOIL, AND THE CLIMATE, CAUSED BY THE INCREMENTAL IMPACT THAT A
1 PROPOSED NEW OR SIGNIFICANTLY MODIFIED CLASS VI INJECTION WELL
2 AND ASSOCIATED INFRASTRUCTURE WOULD HAVE WHEN ADDED TO THE
3 IMPACTS FROM OTHER DEVELOPMENT IN THE AFFECTED AREA.".".
4
5 Page 4 of the report, strike lines 2 through 22 and substitute:
6
7 ""(9.3) (a) THE COMMISSION, IN CONSULTATION WITH THE
8 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, MAY ADOPT RULES
9 TO ESTABLISH A PROCESS TO CERTIFY THE QUANTITY AND DEMONSTRATED
10 SECURITY OF CARBON DIOXIDE STORED IN A CLASS VI INJECTION WELL.
11 (b) THE COMMISSION, IN CONSULTATION WITH THE DEPARTMENT".
12
13 As amended, ordered revised and placed on the Calendar for Third
14 Reading and Final Passage.
15

Senate Journal, March 1
Amend printed bill, page 3, strike line 23 and substitute "EMPLOYER
VIOLATIONS OF SECTION 8-5-102, EXCEPT IF THE COMPLAINT CONCERNS THE
STATE OF COLORADO AS THE EMPLOYER, THAT, IN THE DIRECTOR'S GOOD
FAITH".

Page 4, line 3, strike "THIS PART 1"and substitute "ARTICLE 1 OF THIS TITLE 8".

Page 5, strike lines 9 through 11.

Page 5, line 17, strike "FIVE BUSINESS" and substitute "THIRTY CALENDAR".

Page 5, line 19, strike "TO" and substitute "TO, AT A MINIMUM,".

Page 6, strike lines 17 through 25 and substitute "applicability. (1) This act
takes effect January 1, 2024; except that, if a referendum petition is filed
pursuant to section 1 (3) of article V of the state constitution against this act or
an item, section, or part of this act within the ninety-day period after final
adjournment of the general assembly, then the act, item, section, or part will not
take effect unless approved by the people at the general election to be held in
November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.".

Senate Journal, April 6
After consideration on the merits, the Committee recommends that SB23-105 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 3, line 18, strike "and mediate" and substitute "and
mediate".

Page 3, after line 21 insert:

"(II) ON OR BEFORE JULY 1, 2024, CREATE AND ADMINISTER A PROCESS
TO MEDIATE COMPLAINTS REGARDING ALLEGED VIOLATIONS OF SECTION
8-5-102 AND PROMULGATE RULES AS NECESSARY FOR THIS PURPOSE;".

Renumber succeeding subparagraphs accordingly.

Page 6, after line 15 insert:

"SECTION 4. Appropriation. (1) For the 2023-24 state fiscal year,
$292,590 is appropriated to the department of labor and employment. This
appropriation is from the general fund. To implement this act, the department
may use this appropriation as follows:
(a) $250,294 for use by division of labor standards and statistics for
program costs related to labor standards, which amount is based on an
assumption that the department will require an additional 2.1 FTE; and
(b) $42,296 for the purchase of legal services.
(2) For the 2023-24 state fiscal year, $42,296 is appropriated to the
department of law. This appropriation is from reappropriated funds received
from the department of labor and employment under subsection (1)(b) of this
section and is based on an assumption that the department of law will require
an additional 0.2 FTE. To implement this act, the department of law may use
this appropriation to provide legal services for the department of labor and
employment.
(3) For the 2023-24 state fiscal year, $119,848 is appropriated to the
department of personnel for use by the division of human resources. This
appropriation is from the general fund. To implement this act, the department
may use this appropriation as follows:
(a) $97,813 for personal services related to state agency services, which
amount is based on an assumption that the department will require an additional
1.2 FTE; and
(b) $22,035 for operating expenses related to state agency services.".

Renumber succeeding section accordingly.

Page 1, line 102, strike "WORK." and substitute "WORK, AND, IN CONNECTION
THEREWITH, MAKING AN APPROPRIATION."


Appro-
priations

Senate Journal, April 12
Amend printed bill, page 4, line 22, strike "DECISION." and substitute
"DECISION; EXCEPT THAT AN EMPLOYER IS NOT REQUIRED TO ANNOUNCE, POST,
OR OTHERWISE MAKE KNOWN A JOB OPPORTUNITY THAT IS LIMITED TO A PERIOD
OF SIX MONTHS OR LESS AND IF THERE IS AN IMMEDIATE NEED TO HIRE A PERSON
TO ENSURE ACCESS TO CHILD CARE OR EDUCATIONAL OPPORTUNITIES.".

Amendment No. 4(L.013), by Senator Danielson.

Amend printed bill, page 2, line 3, strike "(7.5),".

Page 3, strike lines 5 through 11.

Page 4, line 17, strike "(a)".

Page 4, lines 19 and 20, strike "AND PROMOTIONAL OPPORTUNITY".

Page 4, line 23, strike "(b) THE" and substitute "(2) AN".

Page 4, lines 24 and 25, strike "OPPORTUNITY AND PROMOTIONAL
OPPORTUNITY:" and substitute "OPPORTUNITY:".
Page 4, line 26, strike "(I)" and substitute "(a)".

Page 5, line 1, strike "(II)" and substitute "(b)".

Page 5, strike lines 2 through 8 and substitute "COMPENSATION APPLICABLE TO
THE JOB OPPORTUNITY; AND
(c) THE DATE THE APPLICATION WINDOW IS ANTICIPATED TO CLOSE.".

Page 5, line 12, strike "(2)" and substitute "(2) (3)".

Renumber succeeding subsections accordingly.

Page 5, strike line 18 and substitute "FILL A JOB OPPORTUNITY BEGINS".

Page 5, strike line 23 and substitute "OPPORTUNITY;".

Page 6, lines 1 and 2, strike "AND PROMOTIONAL OPPORTUNITIES".

Page 6, strike line 4 and substitute "SIMILAR JOB OPPORTUNITIES.".

Page 6, lines 11 and 12, strike "OR PROMOTIONAL OPPORTUNITY".

As amended, ordered engrossed and placed on the calendar for third reading and final
passage.

House Journal, April 24
20 Amend reengrossed bill, page 4, lines 17 and 18, strike "opportunities
21 for promotion" and substitute "job opportunities".
22
23 Page 4, line 18, strike "listings." and substitute "listings - rules.".
24
25 Page 4, strike lines 23 through 27 and substitute "SELECTION DECISION.
26 THE DEPARTMENT OF LABOR AND EMPLOYMENT SHALL PROMULGATE
27 RULES FOR TEMPORARY, INTERIM, OR ACTING JOB OPPORTUNITIES THAT
28 NECESSITATE IMMEDIATE HIRE.".
29
30 Page 7, line 19, strike "promotions," and substitute "job opportunities,".

House Journal, April 29
9 Amendment No. 1, State, Civic, Military, & Veterans Affairs Report,
10 dated April 24, 2023, and placed in member's bill file; Report also printed
11 in House Journal, April 24, 2023.
12
13 Amendment No. 2, by Representative Gonzales-Gutierrez:
14
15 Amend reengrossed bill, page 2, line 12, strike "A REGULAR OR" and
16 substitute "AN EARNED OR".
17
18 Page 2, line 13, after "ON" insert "A SET AMOUNT OF".
19
20 Page 3, line 8, strike "VACATED POSITION." and substitute "VACATED
21 POSITION, THAT IS FOR WORK THAT IS OR COULD BE PERFORMED IN
22 COLORADO AND THAT IS NOT SUBJECT TO A COLLECTIVE BARGAINING
23 AGREEMENT.".
24
25 As amended, ordered revised and placed on the Calendar for Third
26 Reading and Final Passage.
27

Senate Journal, March 3
After consideration on the merits, the Committee recommends that SB23-143 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation and with a recommendation that it be placed on the Consent Calendar.
Amend printed bill, page 15, after line 3 insert:

"SECTION 14. Appropriation - adjustments to 2022 long bill.
(1) To implement this act, appropriations made in the annual general
appropriation act for the 2022-23 state fiscal year to the department of
transportation are adjusted as follows:
(a) The cash funds appropriation from the multimodal transportation
and mitigation options fund created in section 43-4-1103 (1)(a), C.R.S., for
multimodal transportation projects is decreased by $28,482; and
(b) The cash funds appropriation from the clean transit enterprise fund
created in section 43-4-1203 (5)(a), C.R.S., for use by the clean transit
enterprise is decreased by $34,020.
SECTION 15. Appropriation - adjustments to 2023 long bill.
(1) To implement this act, appropriations made in the annual general
appropriation act for the 2023-24 state fiscal year to the department of
transportation are adjusted as follows:
(a) The cash funds appropriation from the multimodal transportation
and mitigation options fund created in section 43-4-1103 (1)(a), C.R.S., for
multimodal transportation projects is decreased by $125,933; and
(b) The cash funds appropriation from the clean transit enterprise fund
created in section 43-4-1203 (5)(a), C.R.S., for use by the clean transit
enterprise is decreased by $150,422.
SECTION 16. Appropriation. For the 2023-24 state fiscal year,
$17,086 is appropriated to the department of revenue. This appropriation is
from the Colorado DRIVES vehicle services account in the highway users tax
fund created in section 42-1-211(2)(b)(I), C.R.S. To implement this act, the
department may use this appropriation for DRIVES maintenance and support.”.

Renumber succeeding sections accordingly.

Page 1 line 102, strike "REVENUE." and substitute "REVENUE, AND, IN
CONNECTION THEREWITH, MAKING AND REDUCING AN APPROPRIATION.".

Senate Journal, April 6
After consideration on the merits, the Committee recommends that SB23-172 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend corrected printed bill, page 5, strike lines 3 through 27.

Page 6, strike lines 1 through 13.

Renumber succeeding sections accordingly.

Page 6, line 16, strike "(1)(j)" and substitute "(1.3)".

Page 7, strike lines 1 and 2 and substitute "unfair employment practice for an
employer to act as provided in this subsection (1)(a) REFUSE TO HIRE, TO
DISCHARGE, OR TO PROMOTE OR DEMOTE AN INDIVIDUAL WITH A DISABILITY if
there is no".

Page 7, line 4, before "AND" insert "THAT WOULD ALLOW THE INDIVIDUAL TO
SATISFY THE ESSENTIAL FUNCTIONS OF THE JOB".

Page 7, strike lines 14 through 21.

Page 8, line 13, before "AND" insert "THAT WOULD ALLOW THE INDIVIDUAL TO
SATISFY THE ESSENTIAL FUNCTIONS OF THE JOB".

Page 9, line 22, before "AND" insert "THAT WOULD ALLOW THE INDIVIDUAL TO
SATISFY THE ESSENTIAL FUNCTIONS OF THE PROGRAM".

Page 10, strike lines 13 through 21.

Page 10, before line 22 insert:

"(1.3) (a) AS USED IN SUBSECTIONS (1)(a) AND (1.5) OF THIS SECTION
AND IN THIS SUBSECTION (1.3), "HARASS" OR "HARASSMENT" MEANS TO ENGAGE
IN, OR THE ACT OF ENGAGING IN, ANY UNWELCOME PHYSICAL OR VERBAL
CONDUCT OR ANY WRITTEN, PICTORIAL, OR VISUAL COMMUNICATION DIRECTED
AT AN INDIVIDUAL OR GROUP OF INDIVIDUALS BECAUSE OF THAT INDIVIDUAL'S
OR GROUP'S MEMBERSHIP IN, OR PERCEIVED MEMBERSHIP IN, A PROTECTED
CLASS, AS DESCRIBED IN SUBSECTION (1)(a) OF THIS SECTION, WHICH CONDUCT
OR COMMUNICATION IS SUBJECTIVELY OFFENSIVE TO THE INDIVIDUAL ALLEGING
HARASSMENT AND IS OBJECTIVELY OFFENSIVE TO A REASONABLE INDIVIDUAL
WHO IS A MEMBER OF THE SAME PROTECTED CLASS. THE CONDUCT OR
COMMUNICATION NEED NOT BE SEVERE OR PERVASIVE TO CONSTITUTE A
DISCRIMINATORY OR AN UNFAIR EMPLOYMENT PRACTICE UNDER SUBSECTION
(1)(a) OF THIS SECTION AND IS A VIOLATION OF SUBSECTION (1)(a) OF THIS
SECTION IF:
(I) SUBMISSION TO THE CONDUCT OR COMMUNICATION IS EXPLICITLY
OR IMPLICITLY MADE A TERM OR CONDITION OF THE INDIVIDUAL'S
EMPLOYMENT;
(II) SUBMISSION TO, OBJECTION TO, OR REJECTION OF THE CONDUCT OR
COMMUNICATION IS USED AS A BASIS FOR EMPLOYMENT DECISIONS AFFECTING
THE INDIVIDUAL; OR
(III) THE CONDUCT OR COMMUNICATION HAS THE PURPOSE OR EFFECT
OF UNREASONABLY INTERFERING WITH THE INDIVIDUAL'S WORK PERFORMANCE
OR CREATING AN INTIMIDATING, HOSTILE, OR OFFENSIVE WORKING
ENVIRONMENT.
(b) THE NATURE OF THE WORK OR THE FREQUENCY WITH WHICH
HARASSMENT IN THE WORKPLACE OCCURRED IN THE PAST IS NOT RELEVANT TO
WHETHER THE CONDUCT OR COMMUNICATION IS A DISCRIMINATORY OR AN
UNFAIR EMPLOYMENT PRACTICE UNDER SUBSECTION (1)(a) OF THIS SECTION.
(c) (I) NOTWITHSTANDING SUBSECTION (1)(a) OF THIS SECTION, PETTY
SLIGHTS, MINOR ANNOYANCES, AND LACK OF GOOD MANNERS DO NOT
CONSTITUTE HARASSMENT UNLESS THE SLIGHTS, ANNOYANCES, OR LACK OF
MANNERS, WHEN TAKEN INDIVIDUALLY OR IN COMBINATION AND UNDER THE
TOTALITY OF THE CIRCUMSTANCES, MEET THE STANDARDS SET FORTH IN
SUBSECTION (1.3)(a) OF THIS SECTION.
(II) FACTORS TO CONSIDER UNDER THE TOTALITY OF THE
CIRCUMSTANCES INCLUDE:
(A) THE FREQUENCY OF THE CONDUCT OR COMMUNICATION,
RECOGNIZING THAT A SINGLE INCIDENT MAY RISE TO THE LEVEL OF
HARASSMENT;
(B) THE NUMBER OF INDIVIDUALS ENGAGED IN THE CONDUCT OR
COMMUNICATION;
(C) THE TYPE OR NATURE OF THE CONDUCT OR COMMUNICATION,
RECOGNIZING THAT CONDUCT OR COMMUNICATION THAT, AT ONE TIME, WAS OR
IS WELCOME BETWEEN TWO OR MORE INDIVIDUALS MAY BECOME UNWELCOME
TO ONE OR MORE OF THOSE INDIVIDUALS;
(D) THE DURATION OF THE CONDUCT OR COMMUNICATION;
(E) THE LOCATION WHERE THE CONDUCT OR COMMUNICATION
OCCURRED;
(F) WHETHER THE CONDUCT OR COMMUNICATION IS THREATENING;
(G) WHETHER ANY POWER DIFFERENTIAL EXISTS BETWEEN THE
INDIVIDUAL ALLEGED TO HAVE ENGAGED IN HARASSMENT AND THE INDIVIDUAL
ALLEGING THE HARASSMENT;
(H) ANY USE OF EPITHETS, SLURS, OR OTHER CONDUCT OR
COMMUNICATION THAT IS HUMILIATING OR DEGRADING; AND
(I) WHETHER THE CONDUCT OR COMMUNICATION REFLECTS
STEREOTYPES ABOUT AN INDIVIDUAL OR GROUP OF INDIVIDUALS IN A
PROTECTED CLASS.".

Page 10, line 22, after "(1.5)" insert "(a)".

Page 10, line 26, strike "(a)" and substitute "(I)".

Page 11, line 1, strike "HARASSMENT;" and substitute "HARASSMENT. AN
EMPLOYER'S PROGRAM SATISFIES THIS SUBSECTION (1.5)(a)(I) IF THE EMPLOYER
CAN DEMONSTRATE THAT:
(A) THE EMPLOYER CONDUCTS PROMPT, REASONABLE INVESTIGATIONS
OF ALLEGED DISCRIMINATORY OR UNFAIR EMPLOYMENT PRACTICES, AS
DESCRIBED IN SUBSECTION (1)(a) OF THIS SECTION; AND
(B) THE EMPLOYER TAKES PROMPT, REASONABLE REMEDIAL ACTIONS,
WHEN WARRANTED, IN RESPONSE TO COMPLAINTS OF DISCRIMINATORY OR
UNFAIR EMPLOYMENT PRACTICES, AS DESCRIBED IN SUBSECTION (1)(a) OF THIS
SECTION.".

Page 11, strike lines 2 through 11.
Page 11, line 12, strike "(c)" and substitute "(II)".

Page 11, line 13, strike "(1.5)(a)" and substitute "(1.5)(a)(I)".

Page 11, strike lines 15 through 19 and substitute:

"(III) THE EMPLOYER MAINTAINS AN ACCURATE, DESIGNATED
REPOSITORY OF ALL WRITTEN OR ORAL COMPLAINTS OF DISCRIMINATORY OR
UNFAIR EMPLOYMENT PRACTICES, AS DESCRIBED IN SUBSECTION (1)(a) OF THIS
SECTION, THAT INCLUDES THE DATE OF THE COMPLAINT, THE IDENTITY OF THE
COMPLAINING PARTY, THE IDENTITY OF THE ALLEGED PERPETRATOR, AND THE
SUBSTANCE OF THE COMPLAINT; AND".

Page 11, line 20, strike "(e)" and substitute "(IV)".

Page 11, strike lines 22 and 23 and substitute "(1.5)(a)(I) OF THIS SECTION.
(b) NOTHING IN THIS SUBSECTION (1.5) SUPERSEDES OR ELIMINATES ANY
OTHER ANALYSES, EVALUATIONS, OR STANDARDS OF LIABILITY FOR
HARASSMENT ESTABLISHED IN THIS SECTION AND THROUGH JUDICIAL
INTERPRETATION OF TITLE VII OF THE FEDERAL "CIVIL RIGHTS ACT OF 1964",
AS AMENDED, 42 U.S.C. SEC. 2000e ET SEQ.; THE FEDERAL "AGE
DISCRIMINATION IN EMPLOYMENT ACT OF 1967", AS AMENDED, 29 U.S.C. SEC.
621 ET SEQ.; TITLES I AND V OF THE FEDERAL "AMERICANS WITH DISABILITIES
ACT OF 1990", AS AMENDED, 42 U.S.C. SEC. 12111 ET SEQ.; AND THE FEDERAL
"CIVIL RIGHTS ACT OF 1991", AS AMENDED, 42 U.S.C. SEC. 1981a.".

Page 11, line 24, after "24-34-407" insert "and 24-34-408".

Page 12, line 14, strike "TO" and substitute "INCLUDING DISCLOSING THE
EXISTENCE AND TERMS OF A SETTLEMENT AGREEMENT, TO".

Page 12, line 16, after "PROVIDER," insert "MENTAL OR BEHAVIORAL HEALTH
THERAPEUTIC SUPPORT GROUP,".

Page 13, strike lines 3 through 9 and substitute:

"(d) THE AGREEMENT INCLUDES A CONDITION THAT IF A
NONDISPARAGEMENT PROVISION IS INCLUDED IN THE AGREEMENT AND THE
EMPLOYER DISPARAGES THE EMPLOYEE OR PROSPECTIVE EMPLOYEE TO A THIRD
PARTY, THE EMPLOYER MAY NOT SEEK TO ENFORCE THE NONDISPARAGEMENT
OR NONDISCLOSURE PROVISIONS OF THE AGREEMENT OR SEEK DAMAGES
AGAINST THE EMPLOYEE OR ANY OTHER PARTY TO THE AGREEMENT FOR
VIOLATING THOSE PROVISIONS, BUT ALL OTHER REMAINING TERMS OF THE
AGREEMENT REMAIN ENFORCEABLE;".

Page 13, line 16, strike "AND".

Page 13, after line 16 insert:

"(II) VARIED BASED ON THE NATURE OR SEVERITY OF THE BREACH;
AND".

Renumber succeeding subparagraph accordingly.

Page 14, after line 15 insert:

"(4) IN ANY ACTION BROUGHT UNDER THIS SECTION, IF THE EMPLOYER
SHOWS THAT THE ACT OR OMISSION GIVING RISE TO THE ACTION WAS
COMMITTED IN GOOD FAITH AND THAT THE EMPLOYER HAS REASONABLE
GROUNDS FOR BELIEVING THAT THE EMPLOYER'S ACT OR OMISSION DID NOT
VIOLATE THIS SECTION, THE COURT MAY, IN ITS DISCRETION, DECLINE TO AWARD
A PENALTY OR REDUCE THE AMOUNT OF THE PENALTY SPECIFIED IN SUBSECTION
(2)(a) OF THIS SECTION.
24-34-408. Employer record keeping - definition. (1) AN EMPLOYER
SHALL PRESERVE ANY PERSONNEL OR EMPLOYMENT RECORD THE EMPLOYER
MADE, RECEIVED, OR KEPT FOR AT LEAST FIVE YEARS AFTER THE LATER OF:
(a) THE DATE THE EMPLOYER MADE OR RECEIVED THE RECORD; OR
(b) THE DATE OF THE PERSONNEL ACTION ABOUT WHICH THE RECORD
PERTAINS OR OF THE FINAL DISPOSITION OF A CHARGE OF DISCRIMINATION OR
RELATED ACTION, AS APPLICABLE.
(2) AS USED IN THIS SECTION, "PERSONNEL OR EMPLOYMENT RECORD"
INCLUDES REQUESTS FOR ACCOMMODATION; EMPLOYEE COMPLAINTS OF
DISCRIMINATORY OR UNFAIR EMPLOYMENT PRACTICES; APPLICATION FORMS
SUBMITTED BY APPLICANTS FOR EMPLOYMENT; OTHER RECORDS RELATED TO
HIRING, PROMOTION, DEMOTION, TRANSFER, LAYOFF, TERMINATION, RATES OF
PAY OR OTHER TERMS OF COMPENSATION, AND SELECTION FOR TRAINING OR
APPRENTICESHIP; AND RECORDS OF TRAINING PROVIDED TO OR FACILITATED FOR
EMPLOYEES.".


Judiciary

Senate Journal, April 14
Amend printed bill page 14, before line 16, insert:

"SECTION 7. Appropriation. (1) For the 2023-24 state fiscal year,
$152,866 is appropriated to the department of corrections. This appropriation
is from the general fund. To implement this act, the department may use this
appropriation as follows:
(a) $123,478 for use by support services for personal services related
to the personnel subprogram, which amount is based on an assumption that the
subprogram will require an additional 2.6 FTE;
(b) $20,823 for use by support services for operating expenses related
to the personnel subprogram; and
(c) $8,565 for use by management for the purchase of legal services.
(2) For the 2023-24 state fiscal year, $23,469 is appropriated to the
department of education. This appropriation is from the general fund. To
implement this act, the department may use this appropriation as follows:
(a) $22,200 for use by management and administration for general
department and program administration, which amount is based on an
assumption that the division will require an additional 0.4 FTE; and
(b) $1,269 for use by management and administration for the purchase
of legal services.
(3) For the 2023-24 state fiscal year, $35,415 is appropriated to the
office of the governor. This appropriation is from the general fund. To
implement this act, the office may use this appropriation as follows:
(a) $6,660 for use by the office of the governor for administration of
governor's office and residence, which amount is based on an assumption that
the office will require an additional 0.1 FTE;
(b) $423 for the purchase of legal services;
(c) $26,640 for use by the office of information and technology for
central administration, which amount is based on an assumption that the office
will require an additional 0.5 FTE; and
(d) $1,692 for use by the office of information and technology for the
purchase of legal services.
(4) For the 2023-24 state fiscal year, $23,363 is appropriated to the
department of health care policy and financing for use by the executive
director's office. This appropriation is from the general fund. To implement this
act, the office may use this appropriation as follows:
(a) $18,997 for personal services, which amount is based on an
assumption that the office will require an additional 0.4 FTE;
(b) $3,203 for operating expenses; and
(c) $1,163 for the purchase of legal services.
(5) For the 2023-24 state fiscal year, $129,081 is appropriated to the
department of human services. This appropriation is from the general fund. To
implement this act, the department may use this appropriation as follows:
(a) $104,483 for use by administration and finance for personal
services, which amount is based on an assumption that the division will require
an additional 2.2 FTE;
(b) $17,619 for use by administration and finance for operating
expenses; and
(c) $6,979 for the purchase of legal services.
(6) For the 2023-24 state fiscal year, $146,894 is appropriated to the
judicial department for courts administration. This appropriation is from the
general fund. To implement this act, the department may use this appropriation
as follows:
(a) $138,752 for general courts administration, which amount is based
on an assumption that the department will require an additional 2.5 FTE; and
(b) $8,142 for the purchase of legal services.
(7) For the 2023-24 state fiscal year, $46,833 is appropriated to the
department of labor and employment for use by the executive director's office.
This appropriation is from the general fund. To implement this act, the office
may use this appropriation as follows:
(a) $37,994 for personal services, which amount is based on an
assumption that the office will require an additional 0.8 FTE;
(b) $6,407 for operating expenses; and
(c) $2,432 for the purchase of legal services.
(8) For the 2023-24 state fiscal year, $17,708 is appropriated to the
department of law for use by the administration division. This appropriation is
from the general fund. To implement this act, the division may use this
appropriation as follows:
(a) $16,651 for personal services, which amount is based on an
assumption that the department will require an additional 0.3 FTE; and
(b) $1,057 for the purchase of legal services.
(9) For the 2023-24 state fiscal year, $76,276 is appropriated to the
department of natural resources for use by the executive director's office. This
appropriation is from the general fund. To implement this act, the office may
use this appropriation as follows:
(a) $61,740 for personal services, which amount is based on an
assumption that the office will require an additional 1.3 FTE;
(b) $10,412 for operating expenses; and
(c) $4,124 for the purchase of legal services.
(10) For the 2023-24 state fiscal year, $89,090 is appropriated to the
department of personnel. This appropriation is from the general fund. To
implement this act, the department may use this appropriation as follows:
(a) $57,725 for use by the division of human resources for personal
services related to risk management services, which amount is based on an
assumption that the division will require an additional 0.8 FTE;
(b) $6,350 for use by the division of human resources for operating
expenses related to risk management services;
(c) $23,210 for use by the state personnel board for personal services,
which amount is based on an assumption that the board will require an
additional 0.2 FTE; and
(d) $1,805 for use by the state personnel board for operating expenses.
(11) For the 2023-24 state fiscal year, $52,912 is appropriated to the
department of public health and environment for use by administration and
support. This appropriation is from the general fund. To implement this act, the
department may use this appropriation as follows:
(a) $42,743 for personal services, which amount is based on an
assumption that the office will require an additional 0.9 FTE;
(b) $7,208 for operating expenses; and
(c) $2,961 for the purchase of legal services.
(12) For the 2023-24 state fiscal year, $52,912 is appropriated to the
department of public safety for use by the executive director's office. This
appropriation is from the general fund. To implement this act, the office may
use this appropriation as follows:
(a) $42,743 for personal services, which amount is based on an
assumption that the office will require an additional 0.9 FTE;
(b) $7,208 for operating expenses; and
(c) $2,961 for the purchase of legal services.
(13) For the 2023-24 state fiscal year, $266,298 General Fund is
appropriated to the department of regulatory agencies for use by the executive
director's office and administrative services. To implement this act, the
department may use this appropriation as follows:
(a) $205,631 for personal services , which amount is based on an
assumption that the office will require an additional 2.6 FTE;
(b) $27,888 for operating expenses; and
(c) $32,779 for the purchase of legal services.
(14) For the 2023-24 state fiscal year, $47,045 is appropriated to the
department of revenue for use by the executive director's office. This
appropriation is from the general fund. To implement this act, the office may
use this appropriation as follows:
(a) $37,994 for personal services related to administration and support,
which amount is based on an assumption that the division will require an
additional 0.8 FTE;
(b) $6,407 for operating expenses related to administration and support;
and
(c) $2,644 for the purchase of legal services.
(15) For the 2023-24 state fiscal year, $88,008 is appropriated to the
department of transportation. This appropriation is from the general fund and
is based on an assumption that the department will require an additional 1.5
FTE. To implement this act, the department may use this appropriation for
administration.
the department of law. This appropriation is from reappropriated funds received
from the departments of corrections, education, office of the governor, health
care policy and financing, human services, judicial, labor and employment, law,
natural resources, public health and environment, public safety, regulatory
agencies, revenue, and transportation under subsections (1)(c), (2)(b), (3)(b),
(3)(d), (4)(c), (5)(c), (6)(b), (7)(c), (8)(b), (9)(c), (11)(c), (12)(c), (13)(c),
(14)(c), and (15) of this section and is based on the assumption that the
department will require an additional 0.5 FTE. To implement this act, the
department of law may use this appropriation to provide legal services for the
departments of corrections, education, office of the governor, health care policy
and financing, human services, judicial, labor and employment, law, natural
resources, public health and environment, public safety, regulatory agencies,
revenue, and transportation."

Renumber suceeding section accordingly.

Page 1, line 102, strike "PRACTICES." and substitute "PRACITCES, AND, IN
CONNECTION THEREWITH, MAKING AN APPROPRIATION.".

Senate Journal, April 20
SB23-172 by Senator(s) Winter F. and Gonzales, Buckner, Cutter, Danielson, Hinrichsen, Jaquez
Lewis, Marchman, Moreno, Sullivan; also Representative(s) Weissman and Bacon, deGruy
Kennedy, Dickson, Epps, Froelich, Garcia, Jodeh, Kipp, Lindsay, Mabrey, Michaelson
Jenet, Titone, Vigil, Willford, Woodrow--Concerning protections for Colorado workers
against discriminatory employment practices, and, in connection therewith, making an
appropriation.

A majority of those elected to the Senate having voted in the affirmative,Senator Gardner
was given permission to offer a third reading amendment.

Third Reading Amendment No. 1(L.030) , by Senator Gardner.

Amend engrossed bill, page 12, line 12, after "EMPLOYEES;" add "AND".

Page 12, strike lines 13 through 19.

Renumber succeeding subparagraph accordingly.

Page 13, strike lines 7 through 17.

Page 16, line 22, after "keeping -" insert "repository of discrimination
complaints -".

Page 17, after line 2 insert:

"(2) (a) AN EMPLOYER SHALL MAINTAIN AN ACCURATE, DESIGNATED
REPOSITORY OF ALL WRITTEN OR ORAL COMPLAINTS OF DISCRIMINATORY OR
UNFAIR EMPLOYMENT PRACTICES, AS DESCRIBED IN SECTION 24-34-402 (1)(a),
THAT INCLUDES THE DATE OF THE COMPLAINT, THE IDENTITY OF THE
COMPLAINING PARTY, IF THE COMPLAINT WAS NOT MADE ANONYMOUSLY, THE
IDENTITY OF THE ALLEGED PERPETRATOR, AND THE SUBSTANCE OF THE
COMPLAINT.
(b) RECORDS OF COMPLAINTS IN AN EMPLOYER'S DESIGNATED
REPOSITORY MAINTAINED IN ACCORDANCE WITH THIS SUBSECTION (2) ARE NOT
PUBLIC RECORDS, AS DEFINED IN SECTION 24-72-202 (6), AND, FOR PURPOSES OF
AN EMPLOYER THAT IS SUBJECT TO PART 2 OF ARTICLE 72 OF TITLE 24, RECORDS
IN A DESIGNATED REPOSITORY ARE CONSIDERED PERSONNEL RECORDS, AS
DEFINED IN SECTION 24-72-202 (4.5), AND ARE NOT OPEN TO PUBLIC INSPECTION
PURSUANT TO SECTION 24-72-204 (3)(a)(II)(A). ADDITIONALLY, IN
ACCORDANCE WITH SECTION 24-72-204 (3)(a)(X), ANY RECORD OF A SEXUAL
HARASSMENT COMPLAINT OR INVESTIGATION IS NOT OPEN TO PUBLIC
INSPECTION EXCEPT AS SPECIFIED IN SAID SECTION 24-72-204 (3)(a)(X).".

Renumber succeeding subsection accordingly.

House Journal, April 26
29 Amend reengrossed bill, page 21, strike lines 20 through 27 and
30 substitute:
31
32 "(13) For the 2023-24 state fiscal year, $266,298 is appropriated
33 to the department of regulatory agencies. This appropriation is from the
34 general fund. To implement this act, the department may use this
35 appropriation as follows:
36 (a) $205,631 for use by the civil rights division for personal
37 services, which amount is based on an assumption that the division will
38 require an additional 2.3 FTE;
39 (b) $27,888 for use by the civil rights division for operating
40 expenses; and
41 (c) $32,779 for the purchase of legal services.
42 (14) For the 2023-24 state fiscal year, $14,248 is appropriated to
43 the department of regulatory agencies for use by the executive director's
44 office and administrative services. This appropriation is from
45 reappropriated funds received from the department of regulatory agencies
46 under subsection (13)(a) and of this section. To implement this act, the
47 office may use the appropriation for personal services, which amount is
48 based on an assumption that the office will require an additional 0.3 FTE.
49 (15) For the 2023-24 state fiscal year, $2,403 is appropriated to
50 the department of regulatory agencies for use by the executive director's
51 office and administrative services. This appropriation is from
52 reappropriated funds received from the department of regulatory agencies
53 under subsection (13)(b) and of this section. To implement this act, the
54 office may use the appropriation for operating expenses.".
55
1 Page 22, line 1, strike "(14)" and substitute "(16)".
2
3 Page 22, line 11, strike "(15)" and substitute "(17)".
4
5 Page 22, line 16, strike "(16)" and substitute "(18)".
6
7 Page 22, line 23, strike "(14)(c), and (15)" and substitute "(16)(c), and
8 (17)".

House Journal, April 26
12 Amend reengrossed bill, page 22, lines 12 and 13, strike "general fund"
13 and substitute "state highway fund created in section 43-1-219, C.R.S.,".
14 As amended, ordered revised and placed on the Calendar for Third
15 Reading and Final Passage.

Senate Journal, March 29
Amend printed bill, page 3, line 7, strike "or regulate" and substitute "OR TO
VEGETABLE GARDENS or THAT regulate".

Page 4, strike lines 5 and 6 and substitute "LANDSCAPING, AS DEFINED IN
SECTION 37-60-135 (2)(l), WHICH EMPHASIZE DROUGHT-TOLERANT AND NATIVE
PLANTS, OR BE PART OF A WATER CONSERVATION PROGRAM OPERATED BY A
LOCAL WATER PROVIDER. EACH GARDEN DESIGN MAY BE".

Page 4, line 13, strike "GUIDELINES." and substitute "GUIDELINES AND SHALL
ALLOW A UNIT OWNER TO USE REASONABLE SUBSTITUTE PLANTS WHEN A PLANT
IN A DESIGN ISN'T AVAILABLE.".

Page 4, strike lines 25 and 26 and substitute "SHALL NOTIFY THE ASSOCIATION
IN WRITING OF THE VIOLATION AND ALLOW THE ASSOCIATION FORTY-FIVE DAYS
AFTER RECEIPT OF THE NOTICE TO CURE THE VIOLATION.".

Page 5, line 11, after "RESTRICT" insert "CHANGES THAT INTERFERE WITH".

Page 5, strike lines 17 and 18 and substitute:

"CONTRARY, THIS SUBSECTION (1)(i) APPLIES ONLY TO A UNIT THAT IS A
SINGLE-FAMILY DETACHED HOME AND DOES NOT APPLY TO:
(A) A UNIT THAT IS A SINGLE-FAMILY ATTACHED HOME THAT SHARES
ONE OR MORE WALLS WITH ANOTHER UNIT; OR
(B) A CONDOMINIUM.".

Senate Journal, April 3
Amend printed bill, page 4, strike lines 18 through 22 and substitute "CIVIL
ACTION TO RESTRAIN FURTHER VIOLATION AND TO RECOVER UP TO A MAXIMUM
OF FIVE HUNDRED DOLLARS OR THE UNIT OWNER'S ACTUAL DAMAGES,
WHICHEVER IS GREATER.".

Amendment No. 3(L.009), by Senator Will.

Amend printed bill, page 7, after line 16 insert:

"SECTION 3. In Colorado Revised Statutes, 37-60-115, amend (6)(e)
as follows:
37-60-115. Water studies - rules - repeal. (6) Precipitation
harvesting pilot projects. (e) (I) This subsection (6) is repealed, effective July
1, 2026.
(II) THIS REPEAL DOES NOT AFFECT OR OTHERWISE PRECLUDE WATER
COURTS FROM ADJUDICATING ANY APPLICATION FOR AN AUGMENTATION PLAN
PURSUANT TO THIS SUBSECTION (6) THAT IS FILED PRIOR TO JULY 1, 2026.".

Renumber succeeding section accordingly.

As amended, ordered engrossed and placed on the calendar for third reading and final
passage.

House Journal, April 19
39 Amend reengrossed bill, page 2, strike line 3 and substitute "amend
40 (1)(i)(I)(A); and add (1)(i.5) as follows:".
41
42 Page 2, strike line 11 and substitute:
43
44 "(i) (I) (A) The use of xeriscape, nonvegetative turf grass, or
45 drought-tolerant vegetative landscapes to provide ground covering to
46 property for which a unit owner is responsible, including a limited
47 common element or property owned by the unit owner. Associations may
48 adopt and enforce design or aesthetic guidelines or rules that apply to
49 nonvegetative turf grass and drought-tolerant vegetative landscapes or
50 regulate the type, number, and placement of drought-tolerant plantings
51 and hardscapes that may be installed on a unit owner's property or on a
52 limited common element or other property for which the unit owner is
53 responsible. An association may restrict the installation of nonvegetative
54 turf grass to rear yard locations only. THIS SUBSECTION (1)(i)(I)(A), AS
55 AMENDED BY SENATE BILL 23-178, ENACTED IN 2023, APPLIES ONLY TO
1 A UNIT THAT IS A SINGLE-FAMILY HOME THAT SHARES ONE OR MORE
2 WALLS WITH ANOTHER UNIT AND DOES NOT APPLY TO A UNIT THAT IS A
3 DETACHED SINGLE-FAMILY HOME.
4 (i.5) (I) THE USE OF XERISCAPE, NONVEGETATIVE TURF GRASS, OR
5 DROUGHT-TOLERANT OR NONVEGETATIVE LANDSCAPES TO PROVIDE
6 GROUND COVERING TO PROPERTY FOR WHICH A UNIT OWNER IS
7 RESPONSIBLE, INCLUDING A LIMITED COMMON ELEMENT OR PROPERTY
8 OWNED BY THE UNIT OWNER AND ANY RIGHT-OF-WAY OR TREE LAWN THAT
9 IS THE UNIT OWNER'S RESPONSIBILITY TO MAINTAIN. ASSOCIATIONS MAY
10 ADOPT AND ENFORCE DESIGN OR AESTHETIC GUIDELINES OR RULES THAT
11 APPLY TO DROUGHT-TOLERANT VEGETATIVE OR NONVEGETATIVE
12 LANDSCAPES OR TO VEGETABLE GARDENS OR THAT REGULATE THE TYPE,
13 NUMBER, AND PLACEMENT OF DROUGHT-TOLERANT PLANTINGS AND
14 HARDSCAPES THAT MAY BE INSTALLED ON".
15
16 Page 3, strike lines 1 through 12.
17
18 Page 3, line 24, strike "(1)(i)," and substitute "(1)(i.5),".
19
20 Page 4, line 1, strike "(1)(i)," and substitute "(1)(i.5),".
21
22 Page 4, line 20, strike "(1)(i)(IV)" and substitute "(1)(i.5)(IV)".
23
24 Page 4, line 22, strike "(1)(i)," and substitute "(1)(i.5),".
25
26 Page 4, line 27, strike "(1)(i)(III)" and substitute "(1)(i.5)(III)".
27
28 Page 5, strike lines 4 to 10 and substitute:
29
30 "(V) NOTHING IN THIS SUBSECTION (1)(i.5) SHALL BE CONSTRUED".
31
32 Page 5, line 21, strike "(VIII)" and substitute "(VI)".
33
34 Page 5, line 22, strike "(1)(i)" and substitute "(1)(i.5)".
35
36 Page 6, strike line 1 and substitute "(11)(b)(IV); and add (11)(a)(III) and
37 (11)(a.5) as follows:".
38
39 Page 6, strike lines 5 through 23 and substitute:
40
41 "repeal. (11) (a) (III) THIS SUBSECTION (11)(a), AS AMENDED BY SENATE
42 BILL 23-178, ENACTED IN 2023, APPLIES ONLY TO A UNIT THAT IS A
43 SINGLE-FAMILY HOME THAT SHARES ONE OR MORE WALLS WITH ANOTHER
44 UNIT AND DOES NOT APPLY TO A UNIT THAT IS A DETACHED SINGLE-FAMILY
45 HOME.
46 (a.5) (I) ANY SECTION OF A RESTRICTIVE COVENANT OR OF THE
47 DECLARATION, BYLAWS, OR RULES AND REGULATIONS OF A COMMON
48 INTEREST COMMUNITY, ALL AS DEFINED IN SECTION 38-33.3-103, AND ANY
103 49 RULE OR POLICY OF A SPECIAL DISTRICT, AS DEFINED IN SECTION 32-1-
50 (20), THAT PROHIBITS OR LIMITS XERISCAPE, PROHIBITS OR LIMITS THE
51 INSTALLATION OR USE OF DROUGHT-TOLERANT VEGETATIVE OR
52 NONVEGETATIVE LANDSCAPES, REQUIRES CULTIVATED VEGETATION TO
53 CONSIST WHOLLY OR PARTIALLY OF TURF GRASS, OR PROHIBITS THE USE OF
54 NONVEGETATIVE TURF GRASS IN THE BACKYARD OF A RESIDENTIAL
55 PROPERTY IS HEREBY DECLARED CONTRARY TO PUBLIC POLICY AND, ON
1 THAT BASIS, IS UNENFORCEABLE. THIS SUBSECTION (11)(a.5) DOES NOT
2 PROHIBIT COMMON INTEREST COMMUNITIES OR SPECIAL DISTRICTS FROM
3 ADOPTING AND ENFORCING DESIGN OR AESTHETIC GUIDELINES OR RULES
4 THAT APPLY TO DROUGHT-TOLERANT VEGETATIVE OR NONVEGETATIVE
5 LANDSCAPES OR REGULATE THE TYPE, NUMBER, AND PLACEMENT OF
6 DROUGHT-TOLERANT PLANTINGS AND HARDSCAPES THAT MAY BE
7 INSTALLED ON PROPERTY THAT IS SUBJECT TO THE GUIDELINES OR RULES;
8 EXCEPT THAT THE GUIDELINES OR RULES MUST:
9 (A) NOT PROHIBIT THE USE OF NONVEGETATIVE TURF GRASS IN
10 THE BACKYARD OF A RESIDENTIAL PROPERTY;".
11
12 Page 7, line 6, strike "(11)(a)(II)(D)," and substitute "(11)(a.5)(II)(D),".
13
14 Page 7, strike lines 10 to 12 and substitute:
15
16 "(II) THIS SUBSECTION (11)(a.5) DOES NOT APPLY TO:
17 (A) A UNIT OWNERS' ASSOCIATION, AS DEFINED IN SECTION
18 38-33.3-103 (3), THAT INCLUDES TIME SHARE UNITS, AS DEFINED IN
19 SECTION 38-33-110 (7); OR
20 (B) A UNIT, AS DEFINED IN SECTION 38-33.3-103 (30), THAT IS A
21 SINGLE-FAMILY HOME THAT SHARES ONE OR MORE WALLS WITH ANOTHER
22 UNIT.".
23
24 Page 7, strike lines 20 to 24.

Senate Journal, April 6
After consideration on the merits, the Committee recommends that SB23-192 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 3, strike line 27.

Strike page 4.

Page 5, strike lines 1 through 8 and substitute:

"(a) PRE-APPLICATION ACTIVITIES INVOLVING MIXING AND LOADING A
PESTICIDE;
(b) APPLYING THE PESTICIDE, INCLUDING SUPERVISING THE USE OF A
PESTICIDE BY A NONCERTIFIED APPLICATOR; AND
(c) OTHER PESTICIDE-RELATED ACTIVITIES, INCLUDING:
(I) TRANSPORTING OR STORING PESTICIDE CONTAINERS THAT HAVE
BEEN OPENED;
(II) CLEANING EQUIPMENT; AND
(III) DISPOSING OF EXCESS PESTICIDES, SPRAY MIX, EQUIPMENT WASH
WATER, PESTICIDE CONTAINERS, AND OTHER PESTICIDE-CONTAINING
MATERIALS.".

Page 5, after line 8 insert:

"SECTION 4. In Colorado Revised Statutes, 35-10-112, amend (1)(a)
and (1)(c)(I)(A); and add (1)(c)(III) and (1)(f) as follows:
35-10-112. Notification requirements - registry of pesticide-sensitive
persons - preemption - rules. (1) (a) (I) The commissioner shall promulgate
rules for the establishment of a registry of pesticide-sensitive persons to be
maintained by the department. Pesticide-sensitive persons may apply to be
placed on the registry if they can provide proof of medical justification by a
physician licensed in Colorado in the form and manner prescribed by the
commissioner. TO REMAIN ON THE REGISTRY, A PESTICIDE-SENSITIVE PERSON
MUST UPDATE the PERSON'S proof of medical justification shall be updated every
two years. The DEPARTMENT SHALL UPDATE THE registry shall be updated at
least annually, and MAKE the published registry shall be made readily
accessible, in a form and manner prescribed by the commissioner, to all
commercial, registered limited commercial, and registered public applicators
on record with the commissioner.
(II) IN APPLYING TO BE PLACED ON THE REGISTRY, A
PESTICIDE-SENSITIVE PERSON MAY LIST A PRINCIPAL:
(A) RESIDENTIAL ADDRESS;
(B) EMPLOYMENT ADDRESS; AND
(C) SCHOOL ADDRESS.
(c) (I) A commercial, registered limited commercial, or registered
public applicator, prior to applying a pesticide in any turf or ornamental
category, shall take reasonable actions to give notice of the date and
approximate time of any such pesticide application, prior to the application, to
any pesticide-sensitive person whose name is on the published registry and:
(A) Who resides on HAS LISTED the property to be treated AS THE
PERSON'S PRINCIPAL RESIDENTIAL, EMPLOYMENT, OR SCHOOL ADDRESS
PURSUANT TO SUBSECTION (1)(a)(II) OF THIS SECTION;
(III) IN NOTIFYING A PESTICIDE-SENSITIVE PERSON PURSUANT TO THIS
SECTION, A COMMERCIAL, REGISTERED LIMITED COMMERCIAL, OR REGISTERED
PUBLIC APPLICATOR MAY PROVIDE THE NOTICE ELECTRONICALLY.
(f) (I) ON OR BEFORE JULY 1, 2024, THE DEPARTMENT SHALL DEVELOP
A SEARCHABLE DATABASE OF ALL PROPERTIES THAT ABUT, OR ARE ENTIRELY
LOCATED WITHIN TWO HUNDRED FIFTY FEET OF, ANY RESIDENTIAL PROPERTY
LISTED IN THE REGISTRY OF PESTICIDE-SENSITIVE PERSONS. IF A PROPERTY IS
ONLY PARTIALLY LOCATED WITHIN TWO HUNDRED FIFTY FEET OF A RESIDENTIAL
PROPERTY LISTED IN THE REGISTRY, AND DOES NOT ABUT THE RESIDENTIAL
PROPERTY, THE DEPARTMENT SHALL NOT INCLUDE THE PROPERTY IN THE
SEARCHABLE DATABASE.
(II) WHEN DEVELOPING THE SEARCHABLE DATABASE PURSUANT TO THIS
SUBSECTION (1)(f), THE DEPARTMENT MUST:
(A) THROUGH THE COMMISSIONER, ADOPT RULES REQUIRING A
COMMERCIAL, REGISTERED LIMITED COMMERCIAL, OR REGISTERED PUBLIC
APPLICATOR TO PROVIDE NOTICE TO A PESTICIDE-SENSITIVE PERSON IF THE
COMMERCIAL, REGISTERED LIMITED COMMERCIAL, OR REGISTERED PUBLIC
APPLICATOR TREATS A PROPERTY THAT IS LISTED IN THE SEARCHABLE
DATABASE AS ABUTTING, OR BEING ENTIRELY LOCATED WITHIN TWO HUNDRED
FIFTY FEET OF, THE PESTICIDE SENSITIVE PERSON'S LISTED RESIDENTIAL
PROPERTY. A COMMERCIAL, REGISTERED LIMITED COMMERCIAL, OR REGISTERED
PUBLIC APPLICATOR IS NOT REQUIRED TO PROVIDE NOTICE PURSUANT TO THIS
SUBSECTION (1)(f)(II)(A) UNLESS AND UNTIL THE COMMISSIONER ADOPTS RULES
PURSUANT TO THIS SUBSECTION (1)(f)(II)(A).
(B) PERIODICALLY UPDATE THE SEARCHABLE DATABASE AS NEEDED;
AND
(C) PROVIDE ACCESS TO THE SEARCHABLE DATABASE TO ALL
COMMERCIAL, REGISTERED LIMITED COMMERCIAL, AND REGISTERED PUBLIC
APPLICATORS.
(III) IT IS AN AFFIRMATIVE DEFENSE TO AN ALLEGATION THAT A
COMMERCIAL, REGISTERED LIMITED COMMERCIAL, OR REGISTERED PUBLIC
APPLICATOR VIOLATED RULES ADOPTED PURSUANT TO SUBSECTION (1)(f)(II)(A)
OF THIS SECTION IF A FAILURE TO NOTIFY A PESTICIDE-SENSITIVE PERSON OF THE
TREATMENT OF A PROPERTY THAT ABUTS, OR IS LOCATED ENTIRELY WITHIN TWO
HUNDRED FIFTY FEET OF, THE PESTICIDE-SENSITIVE PERSON'S LISTED
RESIDENTIAL PROPERTY RESULTED FROM THE FACT THAT THE TREATED
PROPERTY WAS NOT LISTED IN THE SEARCHABLE DATABASE AT THE TIME OF THE
TREATMENT.".

Renumber succeeding sections accordingly.

Page 8, strike lines 3 through 6 and substitute "definitions. (1) A LOCAL
GOVERNMENT THAT ADOPTS AN ORDINANCE THAT CONCERNS PESTICIDES,
INCLUDING AN ORDINANCE ADOPTED PURSUANT TO SECTION 31-15-707 (1)(b),
SHALL FILE THE FOLLOWING WITH THE".

Page 8, lines 23 and 24, strike "OR RESOLUTION CONCERNING" and substitute
"THAT CONCERNS".

Page 9, strike lines 14 through 17 and substitute "GOVERNING BODY OF A
MUNICIPALITY THAT ADOPTS AN ORDINANCE THAT CONCERNS PESTICIDES,
INCLUDING AN ORDINANCE ADOPTED PURSUANT TO SECTION 31-15-707 (1)(b),
SHALL FILE THE FOLLOWING WITH THE".

Strike "OR RESOLUTION" on: Page 8, lines 9, 12, and 27; and Page 9, lines 3, 20,
and 22 and 23.


Education

Senate Journal, April 14
Amend printed bill, page 10, after line 3 insert:

"SECTION 12. Appropriation. (1) For the 2023-24 state fiscal year,
$72,150 is appropriated to the department of agriculture. This appropriation is
from the plant health, pest control, and environmental protection cash fund
created in section 35-1-106.3 (1), C.R.S. To implement this act, the department
may use this appropriation for the purchase of information technology services.
(2) For the 2023-24 state fiscal year, $72,150 is appropriated to the
office of the governor for use by the office of information technology. This
appropriation is from reappropriated funds received from the department of
agriculture under subsection (1) of this section. To implement this act, the
office may use this appropriation to provide information technology services for
the department of agriculture.".

Renumber suceeding section accordingly.

Page 1, line 105, strike "ACT." and substitute "ACT, AND MAKING AN
APPROPRIATION.".

Senate Journal, April 26
Amend printed bill, strike everything below the enacting clause and substitute:

"SECTION 1. In Colorado Revised Statutes, add article 33 to title 29
as follows:


State Land Use Requirements For Affordable Housing

PART 1
HOUSING NEEDS PLANNING

29-33-101. Legislative declaration. (1) THE GENERAL ASSEMBLY
HEREBY FINDS, DETERMINES, AND DECLARES THAT:
(a) COLORADO LACKS A COORDINATED PROCESS TO SET GOALS,
DEVELOP SOLUTIONS, AND TRACK PROGRESS TOWARDS MEETING STATEWIDE,
REGIONAL, AND LOCAL HOUSING NEEDS;
(b) CONSISTENT INFORMATION ABOUT STATEWIDE, REGIONAL, AND
LOCAL HOUSING NEEDS IS ESSENTIAL IN DEVELOPING EQUITABLE AND EFFECTIVE
HOUSING POLICIES AND STRATEGIES AND IMPROVING EFFORTS TO INCREASE
HOUSING AFFORDABILITY OVER TIME;
(c) HOUSING MARKETS EXPAND BEYOND THE BORDERS OF INDIVIDUAL
LOCAL GOVERNMENTS, AND INFORMATION IS REQUIRED ON A LOCAL, REGIONAL,
AND STATEWIDE SCALE TO MAKE A HOLISTIC PLAN FOR ADDRESSING HOUSING
NEEDS;
(d) ALTHOUGH SOME LOCAL GOVERNMENTS WORK TO ASSESS AND
ADDRESS HOUSING NEEDS, THESE LOCAL GOVERNMENTS USE DIFFERENT
METHODOLOGIES, DO THIS WORK AT DIFFERENT TIMES, AND LACK REGIONAL
COORDINATION;
(e) LOCAL GOVERNMENTS THAT DO NOT ALLOW HOUSING SUPPLY TO
KEEP PACE WITH HOUSEHOLD AND JOB GROWTH IN THEIR JURISDICTIONS EXPORT
THEIR HOUSING NEEDS TO NEIGHBORING COMMUNITIES, CAUSING REGIONAL
IMBALANCES THAT IMPACT EQUITY, POLLUTION, INFRASTRUCTURE COSTS, AND
QUALITY OF LIFE;
(f) REQUIRING LOCAL GOVERNMENTS TO PLAN FOR AND IMPLEMENT
STRATEGIES TO MEET AN EQUITABLE AMOUNT OF THEIR REGION'S HOUSING
DEMAND WILL HELP MITIGATE THESE IMBALANCES AND THEIR NEGATIVE
IMPACTS;
(g) THE STATE MANAGES MULTIPLE GRANT-BASED PROGRAMS DESIGNED
TO HELP LOCAL GOVERNMENTS ASSESS AND MEET HOUSING NEEDS, AND THESE
PROGRAMS WILL BE ABLE TO MORE EFFECTIVELY ADDRESS HOUSING ISSUES WITH
MORE COMPREHENSIVE AND CONSISTENT INFORMATION INFORMED BY REGIONAL
AND STATEWIDE DATA; AND
(h) THE AFFORDABLE HOUSING TRANSFORMATIONAL TASK FORCE
ESTABLISHED IN SECTION 24-75-229 (6)(a), IDENTIFIED A STATEWIDE HOUSING
NEEDS ASSESSMENT AND PRODUCTION STRATEGY AS A TOP LEGISLATIVE
PRIORITY FOR COLORADO IN THE TASK FORCE'S FEBRUARY 23, 2022, REPORT TO
THE GENERAL ASSEMBLY.
29-33-102. Definitions. AS USED IN THIS ARTICLE 33, UNLESS THE
CONTEXT OTHERWISE REQUIRES:
(1) "ACCESSIBLE UNIT" MEANS A HOUSING UNIT THAT SATISFIES THE
REQUIREMENTS OF THE FEDERAL "FAIR HOUSING ACT", 42 U.S.C. SEC. 3601 ET
SEQ., AS AMENDED.
(2) "ACCESSORY DWELLING UNIT" MEANS AN INTERNAL, ATTACHED, OR
DETACHED RESIDENTIAL DWELLING UNIT THAT:
(a) PROVIDES COMPLETE INDEPENDENT LIVING FACILITIES FOR ONE OR
MORE PERSONS;
(b) IS LOCATED ON THE SAME LOT AS A PROPOSED OR EXISTING PRIMARY
RESIDENCE; AND
(c) INCLUDES PROVISIONS FOR LIVING, SLEEPING, EATING, COOKING,
AND SANITATION.
(3) "AFFORDABLE HOUSING" MEANS HOUSING FOR WHICH LOW- AND
MODERATE-INCOME HOUSEHOLDS DO NOT SPEND MORE THAN THIRTY PERCENT
OF THEIR HOUSEHOLD INCOME ON HOUSING COSTS.
(4) "BROWNFIELD DEVELOPMENT" MEANS THE DEVELOPMENT OF
BROWNFIELD SITES, AS DEFINED IN SECTION 31-25-103 (3.1).
(5) "BUILDABLE LANDS ANALYSIS" MEANS AN EVALUATION OF LANDS
SUITABLE FOR DEVELOPMENT INCLUDING POTENTIAL GREYFIELD DEVELOPMENT,
BROWNFIELD DEVELOPMENT, AND GREENFIELD DEVELOPMENT.
(6) "BUS RAPID TRANSIT" MEANS A BUS-BASED TRANSIT SERVICE THAT
INCLUDES AT LEAST THREE OF THE FOLLOWING:
(a) SERVICE THAT IS SCHEDULED TO RUN EVERY FIFTEEN MINUTES OR
LESS DURING THE HIGHEST FREQUENCY SERVICE HOURS;
(b) DEDICATED LANES OR BUSWAYS;
(c) TRAFFIC SIGNAL PRIORITY;
(d) OFF-BOARD FARE COLLECTION;
(e) ELEVATED PLATFORMS; OR
(f) ENHANCED STATIONS.
(7) "COMMUTER BUS RAPID TRANSIT" MEANS A BUS RAPID TRANSIT
SERVICE THAT OPERATES ON A LIMITED-ACCESS HIGHWAY FOR THE MAJORITY
OF ITS ROUTE.
(8) "COTTAGE CLUSTER" MEANS A GROUPING OF TWO OR MORE
DETACHED HOUSING UNITS, EACH HOUSING UNIT HAVING A FOOTPRINT OF NO
MORE THAN NINE HUNDRED SQUARE FEET, AND THE GROUPING HAVING A
COMMON COURTYARD.
(9) "DISCRETIONARY APPROVAL PROCESS" MEANS A DEVELOPMENT
APPROVAL PROCESS CONDUCTED PURSUANT TO LOCAL LAW THAT REQUIRES A
PUBLIC BODY OR OFFICIAL TO MAKE ONE OR MORE SUBJECTIVE
DETERMINATIONS, INCLUDING:
(a) EVALUATIONS OF CONSISTENCY OF AN APPLICATION WITH LOCAL
PLANS;
(b) COMPATIBILITY OR HARMONY OF AN APPLICATION WITH
SURROUNDING LAND USES OR DEVELOPMENT;
(c) INDIVIDUALIZED EVALUATIONS RELATING TO MITIGATION OF
IMPACTS; OR
(d) EVALUATION OF AN APPLICATION'S CONSISTENCY WITH PUBLIC
WELFARE.
(10) "DISPLACEMENT" MEANS THE RELOCATION OF RESIDENTS DUE TO:
(a) INCREASED REAL ESTATE PRICES, RENTS, PROPERTY TAXES, OR
OTHER ECONOMIC FACTORS;
(b) CAUSES SUCH AS EMINENT DOMAIN, LEASE NONRENEWALS, AND
EVICTIONS;
(c) PHYSICAL CONDITIONS AND NEGLECT THAT RENDER RESIDENCES
UNINHABITABLE;
(d) PHYSICAL DISPLACEMENT WHEREIN EXISTING HOUSING UNITS ARE
LOST DUE TO PROPERTY REHABILITATION, REDEVELOPMENT, OR DEMOLITION;
OR
(e) INDIRECT DISPLACEMENT THAT OCCURS WHEN LOW-INCOME
RESIDENTS VACATE UNITS AND THOSE UNITS ARE NO LONGER AFFORDABLE TO
OTHER LOW-INCOME HOUSEHOLDS.
(11) "DWELLING UNIT" MEANS A SINGLE UNIT PROVIDING COMPLETE
INDEPENDENT LIVING FACILITIES FOR ONE OR MORE PERSONS, INCLUDING
PERMANENT PROVISIONS FOR COOKING, EATING, LIVING, SANITATION, AND
SLEEPING.
(12) "FIXED-RAIL TRANSIT" MEANS PASSENGER RAIL TRANSIT THAT
USES AND OCCUPIES A SEPARATE RIGHT-OF-WAY OR RAIL LINE, INCLUDING
COMMUTER RAIL AND LIGHT RAIL.
(13) "GREENFIELD DEVELOPMENT" MEANS NEW DEVELOPMENT ON LAND
THAT HAS NOT BEEN PREVIOUSLY DEVELOPED AND THAT IS EITHER WITHIN A
MUNICIPALITY OR OUTSIDE OF A MUNICIPALITY, BUT IS WITHIN A POTENTIAL
ANNEXATION AREA.
(14) "GREYFIELD DEVELOPMENT" MEANS INFILL, REDEVELOPMENT, OR
NEW DEVELOPMENT WITHIN AN EXISTING MUNICIPALITY OR CENSUS URBANIZED
AREA ON VACANT, PARTIALLY VACANT, OR UNDERUTILIZED LAND THAT TAKES
INTO CONSIDERATION DEVELOPMENT READINESS AND MARKET FACTORS.
(15) "KEY CORRIDORS" MEANS ROADWAYS AND TRANSIT STOPS SERVED
BY URBAN BUS RAPID TRANSIT SERVICES, COMMUTER BUS RAPID TRANSIT
SERVICES, AND FREQUENT BUS SERVICES. FOR PURPOSES OF THIS SUBSECTION
(15), "FREQUENT BUS SERVICE" MEANS A BUS ROUTE THAT IS SCHEDULED TO
RUN AT LEAST EVERY FIFTEEN MINUTES DURING THE HIGHEST FREQUENCY
SERVICE HOURS AND IS AT LEAST ONE MILE LONG.
(16) "LOCAL GOVERNMENT" MEANS A HOME RULE OR STATUTORY CITY,
TOWN, TERRITORIAL CITY OR TOWN, CITY AND COUNTY, OR COUNTY AND HOME
RULE COUNTY.
(17) "LOCAL INCLUSIONARY ZONING ORDINANCE" MEANS A LOCAL LAW
ENACTED PURSUANT TO SECTION 29-20-104 (1)(e.5) TO EITHER REQUIRE OR
INCENTIVIZE THE CONSTRUCTION OF AFFORDABLE OR REGULATED AFFORDABLE
HOUSING UNITS WITHIN MIXED-INCOME DEVELOPMENTS.
(18) "LOCAL LAW" MEANS ANY CODE, LAW, ORDINANCE, POLICY,
REGULATION, OR RULE ENACTED BY A LOCAL GOVERNMENT THAT GOVERNS THE
DEVELOPMENT AND USE OF LAND, INCLUDING, BUT NOT LIMITED TO, LAND USE
CODES, ZONING CODES, AND SUBDIVISION CODES.
(19) "METROPOLITAN PLANNING ORGANIZATION" MEANS A
METROPOLITAN PLANNING ORGANIZATION UNDER THE "FEDERAL TRANSIT ACT
OF 1998", 49 U.S.C. SEC. 5301 ET SEQ., AS AMENDED.
(20) (a) "MIDDLE HOUSING" MEANS A TYPE OF HOUSING THAT INCLUDES
BETWEEN TWO AND FOUR SEPARATE UNITS IN:
(I) A BUILDING DESIGNED AS A SINGLE STRUCTURE;
(II) A TOWNHOME BUILDING; OR
(III) A COTTAGE CLUSTER.
(b) MUNICIPALITIES MAY DEFINE "MIDDLE HOUSING" TO INCLUDE
ADDITIONAL HOUSING TYPES AND EXPANDED HOUSING UNIT AMOUNTS, SO LONG
AS THE MUNICIPALITY'S DEFINITION IS NOT MORE RESTRICTIVE THAN THE
DEFINITION OF "MIDDLE HOUSING" IN SUBSECTION (20)(a) OF THIS SECTION.
(21) "MIXED-INCOME DEVELOPMENT" MEANS HOUSING WHERE SOME OF
THE HOUSING UNITS WITHIN A PARTICULAR DEVELOPMENT HAVE RESTRICTED
RENTAL OR FOR-SALE RATES THAT ARE AFFORDABLE FOR LOW- AND
MODERATE-INCOME HOUSEHOLDS AND SOME OF THE UNITS HAVE HIGHER
RENTAL OR FOR-SALE RATES.
(22) "MIXED-USE DEVELOPMENT" MEANS A DEVELOPMENT PROJECT
THAT INTEGRATES MULTIPLE LAND USE TYPES.
(23) "MULTI-AGENCY ADVISORY COMMITTEE" MEANS THE COMMITTEE
ESTABLISHED IN SECTION 29-33-103.
(24) "MULTI-AGENCY GROUP" MEANS A GROUP CREATED IN THE
DEPARTMENT OF LOCAL AFFAIRS COMPOSED OF STAFF FROM:
(a) THE DIVISION OF LOCAL GOVERNMENT IN THE DEPARTMENT OF
LOCAL AFFAIRS;
(b) THE COLORADO ENERGY OFFICE;
(c) THE DEPARTMENT OF NATURAL RESOURCES; AND
(d) THE DEPARTMENT OF TRANSPORTATION.
(25) "MULTIFAMILY HOUSING" MEANS A BUILDING OR GROUP OF
BUILDINGS ON THE SAME LOT WITH SEPARATE LIVING UNITS FOR THREE OR MORE
HOUSEHOLDS.
(26) "MUNICIPALITY" MEANS A HOME RULE OR STATUTORY CITY OR
TOWN, TERRITORIAL CHARTER CITY OR TOWN, OR CITY AND COUNTY.
(27) "OBJECTIVE STANDARD" MEANS A STANDARD THAT BOTH:
(a) DOES NOT REQUIRE A PUBLIC BODY OR OFFICIAL TO MAKE A
PERSONAL OR SUBJECTIVE JUDGMENT; AND
(b) IS UNIFORMLY VERIFIABLE OR ASCERTAINABLE BY REFERENCE TO AN
EXTERNAL OR UNIFORM BENCHMARK OR CRITERION THAT IS AVAILABLE AND
KNOWABLE BY THE DEVELOPMENT APPLICANT OR PROPONENT AND THE PUBLIC
BODY OR OFFICIAL PRIOR TO THE DEVELOPMENT APPLICANT OR PROPONENT'S
FILING OF A DEVELOPMENT PROPOSAL.
(28) "POPULATION" MEANS THE CURRENT POPULATION AS REPORTED BY
THE STATE DEMOGRAPHY OFFICE.
(29) "REGULATED AFFORDABLE HOUSING" MEANS AFFORDABLE
HOUSING THAT:
(a) IS CREATED OR SUPPORTED BY PUBLIC SUBSIDIES, LOCAL
INCLUSIONARY ZONING ORDINANCES, OR OTHER REGULATIONS OR PROGRAMS;
(b) RESTRICTS OR LIMITS RENTAL OR SALE PRICE; AND
(c) RESTRICTS RESIDENT INCOME LEVELS TO LOW- TO
MODERATE-INCOME HOUSEHOLD LEVELS FOR A SPECIFIED PERIOD.
(30) (a) "RURAL RESORT JOB CENTER MUNICIPALITY" MEANS A
MUNICIPALITY THAT:
(I) IS NOT WITHIN A METROPOLITAN PLANNING ORGANIZATION;
(II) HAS A POPULATION OF ONE THOUSAND OR MORE;
(III) HAS AT LEAST ONE THOUSAND TWO HUNDRED JOBS ACCORDING TO
THE MOST RECENT UNITED STATES CENSUS BUREAU LONGITUDINAL
EMPLOYER-HOUSEHOLD DYNAMICS ORIGIN-DESTINATION EMPLOYMENT
STATISTICS;
(IV) HAS A MINIMUM JOBS-TO-POPULATION RATIO OF SIXTY-FOUR
HUNDREDTHS; AND
(V) HAS A TRANSIT STOP SERVICED BY A TRANSIT AGENCY THAT SERVES
AT LEAST TWO MUNICIPALITIES AND WITH SERVICE THAT INCLUDES AN AVERAGE
OF AT LEAST TWENTY TRIPS PER DAY, AS OF JANUARY 1, 2023.
(b) FOR PURPOSES OF THIS SUBSECTION (30), "TRANSIT AGENCY" MEANS
AN ENTITY THAT IS BOTH:
(I) A REGIONAL SERVICE AUTHORITY PROVIDING SURFACE
TRANSPORTATION PURSUANT TO PART 1 OF ARTICLE 7 OF TITLE 32, A REGIONAL
TRANSPORTATION AUTHORITY CREATED PURSUANT TO PART 6 OF ARTICLE 4 OF
TITLE 43, OR ANY OTHER POLITICAL SUBDIVISION OF THE STATE, PUBLIC ENTITY,
OR NONPROFIT CORPORATION PROVIDING MASS TRANSPORTATION SERVICES TO
THE GENERAL PUBLIC; AND
(II) ELIGIBLE TO RECEIVE MONEY UNDER A GRANT AUTHORIZED BY 49
U.S.C. SEC. 5307 OR 49 U.S.C. SEC. 5311.
(31) "SHORT-TERM RENTAL" MEANS THE RENTAL OF A LODGING UNIT
FOR LESS THAN THIRTY DAYS. AS USED IN THIS SUBSECTION (31), "LODGING
UNIT" MEANS ANY PROPERTY OR PORTION OF A PROPERTY THAT IS AVAILABLE
FOR LODGING; EXCEPT THAT THE TERM EXCLUDES A HOTEL UNIT. LOCAL
GOVERNMENTS MAY APPLY THEIR OWN DEFINITION OF "SHORT-TERM RENTAL"
FOR THE PURPOSES OF THIS ARTICLE 33.
(32) "SINGLE-UNIT DETACHED DWELLING" MEANS A DETACHED
BUILDING WITH A SINGLE DWELLING UNIT AND ON A SINGLE LOT.
(33) "STRATEGIC GROWTH AREA" MEANS AN AREA IDENTIFIED
PURSUANT TO SECTION 29-33-108 (2)(a) THAT HAS THE POTENTIAL FOR GROWTH
AND CHARACTERISTICS THAT MAKE IT A PRIORITY AREA FOR GROWTH IN
RELATION TO THE GOALS OF THIS SENATE BILL 23-213.
(34) "STRATEGIC GROWTH AND HOUSING MIX ANALYSIS" MEANS A
COMPREHENSIVE ANALYSIS THAT IDENTIFIES STRATEGIC GROWTH AREAS, AS
DEFINED IN SECTION 29-33-108 (3)(a), THAT CAN BOTH ACCOMMODATE THE
HOUSING NEEDS IDENTIFIED IN HOUSING NEEDS ASSESSMENTS AND BE UTILIZED
IN THE STRATEGIC GROWTH ELEMENT OF MASTER PLANS, AS DEFINED IN SECTION
31-23-206.
(35) "TIER ONE URBAN MUNICIPALITY" MEANS EITHER:
(a) A MUNICIPALITY THAT:
(I) IS WITHIN A METROPOLITAN PLANNING ORGANIZATION THAT HAS A
POPULATION OF ONE MILLION OR MORE;
(II) HAS AT LEAST TEN PERCENT OF ITS LAND WITHIN AN AREA THAT IS
DESIGNATED AS AN URBANIZED AREA BY THE MOST RECENT FEDERAL
DECENNIAL CENSUS WITH A POPULATION GREATER THAN SEVENTY-FIVE
THOUSAND; AND
(III) HAS A POPULATION OF AT LEAST ONE THOUSAND; OR
(b) A MUNICIPALITY THAT:
(I) IS WITHIN A METROPOLITAN PLANNING ORGANIZATION THAT HAS A
POPULATION OF LESS THAN ONE MILLION; AND
(II) HAS A POPULATION OF AT LEAST TWENTY-FIVE THOUSAND.
(36) "TIER TWO URBAN MUNICIPALITY" MEANS A MUNICIPALITY THAT
DOES NOT SATISFY THE DEFINITION OF A TIER ONE URBAN MUNICIPALITY AND:
(a) IS WITHIN A METROPOLITAN PLANNING ORGANIZATION;
(b) HAS A POPULATION OF BETWEEN FIVE THOUSAND AND TWENTY-FIVE
THOUSAND; AND
(c) IS IN A COUNTY WITH A POPULATION OF TWO HUNDRED FIFTY
THOUSAND OR MORE.
(37) "TOWNHOME" MEANS A SINGLE-UNIT DWELLING UNIT
CONSTRUCTED IN A GROUP OF ATTACHED UNITS IN WHICH EACH UNIT EXTENDS
FROM FOUNDATION TO ROOF AND HAS OPEN SPACE ON AT LEAST TWO SIDES.
(38) "TRANSIT-ORIENTED AREA" MEANS AN AREA WHERE ALL PARCELS
HAVE AT LEAST TWENTY-FIVE PERCENT OF THEIR AREA WITHIN ONE-HALF MILE
OF AN EXISTING FIXED-RAIL TRANSIT STATION. FOR THE PURPOSES OF THIS
SUBSECTION (38), A FIXED-RAIL TRANSIT STATION IS A FIXED-RAIL TRANSIT
SERVICE BOARDING AND EXITING LOCATION OR STATION FOR THE GENERAL
PUBLIC.
(39) "URBAN BUS RAPID TRANSIT SERVICE" MEANS A BUS RAPID TRANSIT
SERVICE THAT OPERATES ON A SURFACE STREET FOR THE MAJORITY OF ITS
ROUTE.
(40) "URBAN MUNICIPALITY" MEANS BOTH A TIER ONE AND A TIER TWO
URBAN MUNICIPALITY.
29-33-103. Multi-agency advisory committee - rural resort area
committee - urban area advisory committee. (1) THERE IS HEREBY CREATED
IN THE DEPARTMENT OF LOCAL AFFAIRS THE MULTI-AGENCY ADVISORY
COMMITTEE, REFERRED TO IN THIS SECTION AS THE COMMITTEE.
(2) THE COMMITTEE IS A TYPE 2 ENTITY, AS DEFINED IN SECTION
24-1-105, AND EXERCISES ITS POWERS AND PERFORMS ITS DUTIES AND
FUNCTIONS UNDER THE DEPARTMENT OF LOCAL AFFAIRS.
(3) (a) THE COMMITTEE CONSISTS OF THIRTEEN VOTING MEMBERS AS
FOLLOWS:
(I) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS,
OR THE EXECUTIVE DIRECTOR'S DESIGNEE;
(II) THE EXECUTIVE DIRECTOR OF THE COLORADO ENERGY OFFICE, OF
THE EXECUTIVE DIRECTOR'S DESIGNEE;
(III) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF
TRANSPORTATION, OR THE EXECUTIVE DIRECTOR'S DESIGNEE;
(IV) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF NATURAL
RESOURCES, OR THE EXECUTIVE DIRECTOR'S DESIGNEE;
(V) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE,
OR THE EXECUTIVE DIRECTOR'S DESIGNEE;
(VI) ONE MEMBER WHO IS A STAFF-LEVEL REPRESENTATIVE FROM A
METROPOLITAN PLANNING ORGANIZATION WHO IS APPOINTED BY THE SPEAKER
OF THE HOUSE OF REPRESENTATIVES;
(VII) ONE MEMBER WHO IS A STAFF-LEVEL REPRESENTATIVE FROM A
METROPOLITAN PLANNING ORGANIZATION WHO IS APPOINTED BY THE MINORITY
LEADER OF THE SENATE;
(VIII) ONE MEMBER WHO HAS A BACKGROUND IN LAND USE PLANNING,
IS A STAFF-LEVEL REPRESENTATIVE FROM A TIER ONE URBAN MUNICIPALITY,
AND IS APPOINTED BY THE PRESIDENT OF THE SENATE;
(IX) ONE MEMBER WHO HAS A BACKGROUND IN LAND USE PLANNING,
IS A STAFF-LEVEL REPRESENTATIVE FROM A TIER ONE URBAN MUNICIPALITY,
AND IS APPOINTED BY THE GOVERNOR;
(X) ONE MEMBER WHO HAS A BACKGROUND IN LAND USE PLANNING, IS
A STAFF-LEVEL REPRESENTATIVE FROM A RURAL RESORT JOB CENTER
MUNICIPALITY, AND IS APPOINTED BY THE GOVERNOR;
(XI) ONE MEMBER WHO HAS A BACKGROUND IN LAND USE PLANNING,
IS A STAFF-LEVEL REPRESENTATIVE FROM A RURAL RESORT JOB CENTER
MUNICIPALITY, AND IS APPOINTED BY THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES;
(XII) ONE MEMBER WHO IS A STAFF-LEVEL REPRESENTATIVE FROM A
COUNTY WHO IS APPOINTED BY THE PRESIDENT OF THE SENATE; AND
(XIII) ONE MEMBER WHO IS A COMMUNITY REPRESENTATIVE WITH
HOUSING EXPERTISE WHO IS APPOINTED BY THE PRESIDENT OF THE SENATE.
(b) INITIAL APPOINTMENTS TO THE COMMITTEE MUST BE MADE NO
LATER THAN SEPTEMBER 1, 2023.
(c) WHEN MAKING APPOINTMENTS TO THE MULTI-AGENCY ADVISORY
COMMITTEE, REASONABLE EFFORTS MUST BE MADE TO APPOINT MEMBERS WHO
REFLECT THE GEOGRAPHIC AND DEMOGRAPHIC DIVERSITY OF THE ENTIRE STATE.
(4) EACH MEMBER OF THE COMMITTEE WHO IS APPOINTED PURSUANT TO
SUBSECTION (3) OF THIS SECTION SERVES AT THE PLEASURE OF THE OFFICIAL
WHO APPOINTED THE MEMBER. THE TERM OF APPOINTMENT IS FOUR YEARS;
EXCEPT THAT THE TERM OF EACH MEMBER INITIALLY APPOINTED PURSUANT TO
SUBSECTIONS (3)(a)(I), (3)(a)(II), (3)(a)(III), (3)(a)(IV), AND (3)(a)(V) OF THIS
SECTION IS TWO YEARS AND THE TERM OF EACH MEMBER INITIALLY APPOINTED
PURSUANT TO SUBSECTIONS (3)(a)(VI), (3)(a)(VII), (3)(a)(VIII), (3)(a)(IX),
(3)(a)(X), (3)(a)(XI), (3)(a)(XII), AND (3)(a)(XIII) OF THIS SECTION IS ONE YEAR.
NO APPOINTED MEMBER OF THE COMMITTEE SHALL SERVE MORE THAN TWO
CONSECUTIVE TERMS.
(5) (a) THE GOVERNOR SHALL CALL THE FIRST MEETING OF THE
COMMITTEE NO LATER THAN OCTOBER 1, 2023.
(b) THE COMMITTEE SHALL ELECT A CHAIR FROM AMONG ITS MEMBERS
TO SERVE FOR A TERM NOT TO EXCEED TWO YEARS, AS DETERMINED BY THE
COMMITTEE. A MEMBER IS NOT ELIGIBLE TO SERVE AS CHAIR FOR MORE THAN
TWO SUCCESSIVE TERMS.
(c) THE COMMITTEE SHALL MEET AT LEAST ONCE EVERY YEAR. THE
CHAIR MAY CALL SUCH ADDITIONAL MEETINGS AS ARE NECESSARY FOR THE
COMMITTEE TO COMPLETE ITS DUTIES.
(6) THE COMMITTEE SHALL COMPLETE ITS DUTIES AS REQUIRED BY THIS
ARTICLE 33.
(7) UPON REQUEST BY THE COMMITTEE, THE DEPARTMENT OF LOCAL
AFFAIRS SHALL PROVIDE OFFICE SPACE, EQUIPMENT, AND STAFF SERVICES AS
MAY BE NECESSARY TO IMPLEMENT THIS SECTION.
(8) (a) THERE IS CREATED AS PART OF THE MULTI-AGENCY ADVISORY
COMMITTEE THE RURAL RESORT AREA SUBCOMMITTEE.
(b) THE RURAL RESORT AREA SUBCOMMITTEE CONSISTS OF AT LEAST
ONE OF THE MEMBERS OF THE MULTI-AGENCY COMMITTEE APPOINTED
PURSUANT TO SUBSECTION (3)(a)(X) OR (3)(a)(XI) OF THIS SECTION, WHO SHALL
SERVE AS THE CHAIR OF THE SUBCOMMITTEE,AND OTHER MEMBERS AS
DETERMINED BY THE MULTI-AGENCY'S COMMITTEE BYLAWS TO ENSURE
COMMUNITY ENGAGEMENT ACROSS RURAL RESORT JOB CENTER MUNICIPALITIES.
(c) IN ACCORDANCE WITH SECTION 29-33-109, THE RURAL RESORT AREA
SUBCOMMITTEE SHALL DEVELOP RECOMMENDATIONS TO PRESENT TO THE
MULTI-AGENCY COMMITTEE CONCERNING MATTERS RELATED TO RURAL RESORT
JOB CENTER MUNICIPALITIES. PRIOR TO FINALIZING ANY RECOMMENDATIONS,
THE RURAL RESORT AREA SUBCOMMITTEE SHALL PROVIDE A DRAFT OF THE
RECOMMENDATIONS TO ALL RURAL RESORT AREA JOB CENTER MUNICIPALITIES
AND SHALL HOLD A PUBLIC HEARING ON SUCH RECOMMENDATIONS NO SOONER
THAN SIXTY DAYS AFTER PROVIDING THESE RECOMMENDATIONS.
(9) (a) THERE IS CREATED AS PART OF THE MULTI-AGENCY ADVISORY
COMMITTEE THE URBAN AREA SUBCOMMITTEE.
(b) THE URBAN AREA SUBCOMMITTEE CONSISTS OF AT LEAST ONE OF
THE MEMBERS OF THE MULTI-AGENCY COMMITTEE APPOINTED PURSUANT TO
SUBSECTIONS (3)(a)(VI), (3)(a)(VII), (3)(a)(VIII), AND (3)(a)(IX) OF THIS
SECTION, WHO SHALL SERVE AS THE CHAIR OF THE SUBCOMMITTEE, AND OTHER
MEMBERS AS DETERMINED BY THE MULTI-AGENCY'S COMMITTEE BYLAWS TO
ENSURE COMMUNITY ENGAGEMENT ACROSS TIER ONE AND TWO URBAN
MUNICIPALITIES.
(c) IN ACCORDANCE WITH SECTION 29-33-109, THE URBAN AREA
SUBCOMMITTEE SHALL DEVELOP RECOMMENDATIONS TO PRESENT TO THE
MULTI-AGENCY COMMITTEE CONCERNING MATTERS RELATED TO URBAN
MUNICIPALITIES. PRIOR TO FINALIZING ANY RECOMMENDATIONS, THE URBAN
AREA SUBCOMMITTEE SHALL PROVIDE A DRAFT OF THE RECOMMENDATION TO
ALL TIER ONE AND TIER TWO MUNICIPALITIES AND SHALL HOLD A PUBLIC
HEARING ON SUCH RECOMMENDATIONS NO SOONER THAN SIXTY DAYS AFTER
PROVIDING THESE RECOMMENDATIONS.
29-33-104. Housing needs assessments - methodology. (1) (a) THE
EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS SHALL ISSUE A
METHODOLOGY FOR DEVELOPING STATEWIDE, REGIONAL, AND LOCAL HOUSING
NEEDS ASSESSMENTS.
(b) THE MULTI-AGENCY ADVISORY COMMITTEE, IN CONSULTATION WITH
THE STATE DEMOGRAPHY OFFICE, SHALL, AS PART OF THE PUBLIC COMMENT AND
HEARING PROCESS ESTABLISHED IN SECTION 29-33-109 (2), DEVELOP
RECOMMENDATIONS TO PROVIDE TO THE EXECUTIVE DIRECTOR OF THE
DEPARTMENT OF LOCAL AFFAIRS CONCERNING THE METHODOLOGY FOR
DEVELOPING STATEWIDE, REGIONAL, AND LOCAL HOUSING NEEDS ASSESSMENTS.
(2) THE METHODOLOGY FOR DEVELOPING HOUSING NEEDS
ASSESSMENTS MAY INCLUDE:
(a) FOR THE STATEWIDE HOUSING NEEDS ASSESSMENT, METHODS TO:
(I) ESTIMATE EXISTING HOUSING STOCK;
(II) CONDUCT A HOUSING SHORTAGE ANALYSIS;
(III) ESTIMATE THE HOUSING NECESSARY TO ACCOMMODATE THE
DEMOGRAPHIC AND POPULATION TRENDS FORECAST BY THE STATE
DEMOGRAPHY OFFICE, CATEGORIZED BY HOUSEHOLD SIZE; HOUSEHOLD TYPE,
INCLUDING FOR SUPPORTIVE, FOR-SALE, AND RENTAL HOUSING; AND INCOME
LEVEL, INCLUDING EXTREMELY LOW-INCOME, VERY LOW-INCOME, AND
LOW-INCOME HOUSEHOLDS AS DEFINED BY THE UNITED STATES DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT; AND
(IV) ENSURE LOCAL GOVERNMENT INPUT AND COORDINATION.
(b) FOR REGIONAL HOUSING NEEDS ASSESSMENTS, METHODS TO:
(I) ASSESS REGIONAL HOUSING NEEDS FOR EACH REGION, BASED ON:
(A) EXISTING AND PROJECTED HOUSING SHORTAGES AND SURPLUSES
FOR DIFFERENT HOUSEHOLD TYPES AND INCOME LEVELS, INCLUDING
EXTREMELY LOW-INCOME, VERY LOW-INCOME, AND LOW-INCOME HOUSEHOLDS
AS DEFINED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT;
(B) EXISTING HOUSING DIVERSITY AND STOCK;
(C) CURRENT JOBS BY INCOME LEVEL;
(D) FUTURE POPULATION AND JOB GROWTH PROJECTIONS; AND
(E) DEMOGRAPHIC AND POPULATION TRENDS FORECAST BY THE STATE
DEMOGRAPHY OFFICE; AND
(II) DESIGNATE REGIONS BASED ON THE BOUNDARIES OF METROPOLITAN
PLANNING ORGANIZATIONS, RURAL REGIONS, AND RURAL RESORT REGIONS. THE
DESIGNATION OF RURAL REGIONS AND RURAL RESORT REGIONS MUST BE BASED
ON REGIONAL COMMUTING PATTERNS AMONG OTHER FACTORS.
(c) FOR LOCAL HOUSING NEEDS ASSESSMENTS, METHODS TO ASSESS
LOCAL HOUSING NEEDS FOR EACH LOCAL GOVERNMENT, BASED ON:
(I) THE CURRENT PROPORTION OF THE LOCALITY'S POPULATION IN
DIFFERENT HOUSEHOLD INCOME LEVELS, INCLUDING EXTREMELY LOW-INCOME,
VERY LOW-INCOME, AND LOW-INCOME HOUSEHOLDS AS DEFINED BY THE
UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT;
(II) THE LOCALITY'S CURRENT MEDIAN INCOME;
(III) THE LOCALITY'S JOB-HOUSING BALANCE, INCLUDING THE
AVAILABILITY OF HOUSING AFFORDABLE TO LOW-INCOME WORKERS IN THE
LOCALITY;
(IV) THE LOCALITY'S POPULATION AND DEMOGRAPHICS;
(V) MEASURES OF LOCAL RESOURCES IN THE LOCALITY;
(VI) VACANCY RATES IN THE LOCALITY;
(VII) MEASURES OF HOMELESSNESS AND HOUSING INSTABILITY IN THE
LOCALITY; AND
(VIII) DEMOGRAPHIC AND POPULATION TRENDS FORECAST BY THE
STATE DEMOGRAPHY OFFICE.
(3) (a) NO LATER THAN DECEMBER 31, 2024, AND EVERY SIX YEARS
THEREAFTER, IN ACCORDANCE WITH THE METHODOLOGIES FOR DEVELOPING
HOUSING NEEDS ASSESSMENTS, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT
OF LOCAL AFFAIRS, WITH INPUT FROM THE MULTI-AGENCY ADVISORY
COMMITTEE, SHALL PRODUCE STATEWIDE, REGIONAL, AND LOCAL HOUSING
NEEDS ASSESSMENTS WITH TWENTY-YEAR PLANNING FORECASTS.
(b) EACH OF THE ASSESSMENTS MUST INCLUDE FOR THE RELEVANT
AREA, BASED ON STATE DEMOGRAPHIC DATA DURING THE TWENTY-YEAR
PLANNING PERIOD, ESTIMATES OF:
(I) HOUSING NEEDS IN THE AREA SORTED BY INCOME LEVELS,
INCLUDING EXTREMELY LOW-INCOME, VERY LOW-INCOME, AND LOW-INCOME
HOUSEHOLDS AS DEFINED BY THE UNITED STATES DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT; AND UNIT TYPES, INCLUDING ACCESSIBLE UNITS,
SUPPORTIVE HOUSING, FOR-SALE HOUSING AND RENTAL HOUSING;
(II) THE NUMBER OF HOUSEHOLDS IN THE AREA;
(III) THE NUMBER OF JOBS IN THE AREA;
(IV) THE AREA'S POPULATION AND DEMOGRAPHICS; AND
(V) THE AREA'S EXISTING HOUSING STOCK;
(c) MUNICIPALITIES THAT ARE REQUIRED TO COMPLETE HOUSING NEEDS
PLANS MAY USE THE LOCAL AND REGIONAL HOUSING NEEDS ASSESSMENTS TO
INFORM THEIR HOUSING NEEDS PLANS.
29-33-105. Housing needs plans - guidance - definition. (1) (a) NO
LATER THAN DECEMBER 31, 2024, THE EXECUTIVE DIRECTOR OF THE
DEPARTMENT OF LOCAL AFFAIRS SHALL ISSUE GUIDANCE FOR CREATING A
HOUSING NEEDS PLAN.
(b) THE MULTI-AGENCY ADVISORY COMMITTEE SHALL, AS PART OF THE
PUBLIC COMMENT AND HEARING PROCESS ESTABLISHED IN SECTION 29-33-109
(2), DEVELOP RECOMMENDATIONS TO PROVIDE TO THE EXECUTIVE DIRECTOR OF
THE DEPARTMENT OF LOCAL AFFAIRS CONCERNING GUIDANCE FOR CREATING A
HOUSING NEEDS PLAN.
(2) THE GUIDANCE FOR CREATING A HOUSING NEEDS PLAN MUST
INCLUDE GUIDANCE SPECIFICALLY FOR URBAN MUNICIPALITIES.
(3) (a) NO LATER THAN DECEMBER 31, 2026, AND EVERY SIX YEARS
THEREAFTER, IN ACCORDANCE WITH THE GUIDANCE FOR CREATING A HOUSING
NEEDS PLAN, EVERY URBAN MUNICIPALITY SHALL DEVELOP, ADOPT, AND
SUBMIT TO THE DEPARTMENT OF LOCAL AFFAIRS A HOUSING NEEDS PLAN. THE
DEPARTMENT OF LOCAL AFFAIRS SHALL POST THE SUBMITTED PLANS PUBLICLY
ON ITS WEBSITE.
(b) BEFORE ADOPTING AND SUBMITTING A HOUSING NEEDS PLAN, AN
URBAN MUNICIPALITY SHALL PUBLISH THE MOST RECENT DRAFT OF ITS HOUSING
NEEDS PLAN AND PROVIDE NOTICE OF A PUBLIC COMMENT PERIOD FOR THE
RECEIPT OF WRITTEN COMMENTS CONCERNING THE PLAN. THE URBAN
MUNICIPALITY MAY ALSO CHOOSE TO HOLD A PUBLIC HEARING ON THE PLAN.
(c) ON OR BEFORE JUNE 30, 2024, AND ON OR BEFORE JUNE 30 EVERY
SIX YEARS THEREAFTER, A TIER ONE OR TIER TWO URBAN MUNICIPALITY WITH
A POPULATION OF LESS THAN TWENTY-FIVE THOUSAND AND AN ANNUAL
MEDIAN HOUSEHOLD INCOME OF LESS THAN FIFTY-FIVE THOUSAND DOLLARS
NEED NOT SUBMIT A HOUSING NEEDS PLAN TO THE DEPARTMENT OF LOCAL
AFFAIRS, IF THE MUNICIPALITY INSTEAD SENDS A LETTER TO THE DEPARTMENT
IN A FORM AND MANNER DETERMINED BY THE DEPARTMENT INDICATING THAT
THE MUNICIPALITY DOES NOT INTEND TO SUBMIT A HOUSING NEEDS PLAN.
(4) A HOUSING NEEDS PLAN MUST INCLUDE:
(a) A NARRATIVE DESCRIPTION OF THE STAKEHOLDER ENGAGEMENT
CONDUCTED DURING THE DEVELOPMENT OF THE HOUSING NEEDS PLAN;
(b) AN ANALYSIS OF HOW THE URBAN MUNICIPALITY WILL PROVIDE A
REALISTIC OPPORTUNITY FOR DEVELOPMENT THAT WILL ADDRESS ITS LOCAL
HOUSING NEEDS ASSESSMENT, INCLUDING THE DEMONSTRATED HOUSING NEEDS
FOR PERSONS OF DIFFERENT AGES AND INCOME LEVELS, OVER THE NEXT TWENTY
YEARS WITH AN EQUITABLE DISTRIBUTION OF HOUSING WITHIN THE
JURISDICTION;
(c) A HOUSING NEEDS IMPLEMENTATION PLAN, WHICH MUST DESCRIBE
THE STRATEGIES THAT THE URBAN MUNICIPALITY WILL PURSUE TO MEET ITS
HOUSING NEEDS, INCLUDING THE IDENTIFICATION OF HOUSING RESOURCES,
CHANGES TO LOCAL LAWS, AND OTHER STRATEGIES SUCH AS THOSE IN THE
MENU OF AFFORDABILITY STRATEGIES CREATED IN SECTION 29-33-106;
(d) A DESCRIPTION OF ANY STRATEGIES THAT THE URBAN MUNICIPALITY
ADOPTS OR HAS PREVIOUSLY ADOPTED FROM THE MENU OF AFFORDABILITY
STRATEGIES DESCRIBED IN SECTION 29-33-106. THESE STRATEGIES SHOULD
MAKE PROGRESS TOWARD MEETING DEMONSTRATED HOUSING NEEDS ACROSS
ALL HOUSEHOLD INCOMES AND TYPES; AND
(e) IN THE CASE OF AN URBAN MUNICIPALITY, A NARRATIVE ANALYSIS
OF ANY AREA AT ELEVATED RISK OF RESIDENTIAL DISPLACEMENT THAT THE
URBAN MUNICIPALITY HAS IDENTIFIED AND A DESCRIPTION OF AND
IMPLEMENTATION PLAN FOR ANY STRATEGIES FROM THE MENU OF
DISPLACEMENT MITIGATION MEASURES DESCRIBED IN SECTION 29-33-107, THAT
THE URBAN MUNICIPALITY WILL USE TO MITIGATE IDENTIFIED DISPLACEMENT
RISKS IN THESE AREAS.
(5) WHEN UPDATING ITS MASTER PLAN, AN URBAN MUNICIPALITY SHALL
INCLUDE ITS MOST RECENT HOUSING NEEDS PLAN IN ITS MASTER PLAN.
(6) AN URBAN MUNICIPALITY THAT ADOPTED A PLAN TO ADDRESS
LOCAL HOUSING NEEDS PRIOR TO THE EFFECTIVE DATE OF THIS SECTION MAY,
RATHER THAN DEVELOPING AND ADOPTING A NEW HOUSING NEEDS PLAN
PURSUANT TO SUBSECTION (3) OF THIS SECTION, UPDATE ITS EXISTING PLAN TO
ADDRESS ADDITIONAL NEEDS IDENTIFIED IN THE LOCAL HOUSING NEEDS
ASSESSMENT BEYOND WHAT THE MUNICIPALITY'S EXISTING PLAN TO ADDRESS
LOCAL HOUSING NEEDS INCLUDES, AND ANY REQUIREMENTS IN SECTION
29-33-105 (4) NOT ALREADY INCLUDED IN THE MUNICIPALITY'S EXISTING PLAN
TO ADDRESS LOCAL HOUSING NEEDS.
(7) (a) A COUNTY OR MUNICIPALITY WITHIN A REGION DEFINED IN THE
REGIONAL HOUSING NEEDS ASSESSMENT MAY PARTICIPATE IN A REGIONAL
HOUSING NEEDS PLANNING PROCESS.
(b) A REGIONAL HOUSING NEEDS PLANNING PROCESS MAY BE LED BY A
REGIONAL ENTITY AND MUST ENCOURAGE PARTICIPATING COUNTIES AND
MUNICIPALITIES TO IDENTIFY STRATEGIES THAT IMPROVE COORDINATION
BETWEEN ENTITIES TO MEET THE HOUSING NEEDS IDENTIFIED FOR THOSE LOCAL
GOVERNMENTS IN THE REGIONAL AND LOCAL HOUSING NEEDS ASSESSMENTS.
(8) (a) THE MULTI-AGENCY COMMITTEE CREATED IN SECTION 29-33-103
SHALL PROVIDE GUIDANCE FOR THE COMPLETION OF A STRATEGIC GROWTH AND
HOUSING MIX ANALYSIS.
(b) IN COMPLETING A STRATEGIC GROWTH AND HOUSING MIX ANALYSIS,
A METROPOLITAN PLANNING ORGANIZATION OR A MUNICIPALITY MUST:
(I) COMPREHENSIVELY IDENTIFY AREAS THAT CAN BE DEVELOPED OR
REDEVELOPED AND THAT QUALIFY AS STRATEGIC GROWTH AREAS;
(II) PRIORITIZE STRATEGIC GROWTH AREAS WITHIN EXISTING
CENSUS-DEFINED URBANIZED AREAS, AND INCLUDE GUIDANCE FOR THE
LOCATION OF MIDDLE AND MULTIFAMILY HOUSING;
(III) DEVELOP SCENARIOS THAT EVALUATE THE IMPACTS OF
PRIORITIZING GROWTH IN STRATEGIC GROWTH AREAS IN COMPARISON TO
EXISTING GROWTH PATTERNS. THESE SCENARIOS MUST ADDRESS THE FISCAL
IMPACTS ON INFRASTRUCTURE OF GROWTH PATTERNS IN ADDITION TO OTHER
PERFORMANCE MEASURES AS IDENTIFIED BY THE METROPOLITAN PLANNING
ORGANIZATION. METROPOLITAN PLANNING ORGANIZATIONS AND
MUNICIPALITIES MAY UTILIZE PREVIOUS SCENARIO ANALYSES IN SATISFYING
THIS SUBSECTION (8)(b)(III).
(IV) EVALUATE THE EXISTING ZONING AND DENSITY PERMITTED WITHIN
STRATEGIC GROWTH AREAS; AND
(V) USE A METHOD THAT ALLOWS A MUNICIPALITY TO EFFICIENTLY
UTILIZE THE INFORMATION IN THE STRATEGIC GROWTH AND HOUSING MIX
ANALYSIS IN THE DEVELOPMENT OF THE STRATEGIC GROWTH ELEMENT OF THE
MUNICIPALITY'S MASTER PLAN, REQUIRED PURSUANT TO SECTION 31-23-206.
(c) (I) ON OR BEFORE DECEMBER 31, 2025, A METROPOLITAN PLANNING
ORGANIZATION WITH A POPULATION OF TWO HUNDRED FIFTY THOUSAND OR
MORE SHALL, IN CONSULTATION WITH THE RELEVANT COUNTIES AND
MUNICIPALITIES, COMPLETE A STRATEGIC GROWTH AND HOUSING MIX ANALYSIS.
(II) ON OR BEFORE DECEMBER 31, 2025, A MUNICIPALITY WITH A
POPULATION OF FIFTY THOUSAND OR MORE THAT IS WITHIN A METROPOLITAN
PLANNING ORGANIZATION WITH A POPULATION OF LESS THAN TWO HUNDRED
FIFTY THOUSAND SHALL COMPLETE A STRATEGIC GROWTH AND HOUSING MIX
ANALYSIS.
29-33-106. Menu of urban municipality affordability strategies. IN
ORDER TO SUPPORT AFFORDABILITY AND ADVANCE MEETING THE HOUSING
NEEDS OF ALL INCOME LEVELS IDENTIFIED IN THE LOCAL HOUSING NEEDS
ASSESSMENT, INCLUDING EXTREMELY LOW-INCOME, VERY LOW-INCOME, AND
LOW-INCOME HOUSEHOLDS AS DEFINED BY THE UNITED STATES DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT, THE MENU OF AFFORDABILITY
STRATEGIES FOR AN URBAN MUNICIPALITY MUST INCLUDE THE FOLLOWING:
(1) IMPLEMENTATION OF A LOCAL INCLUSIONARY ZONING ORDINANCE
IN ACCORDANCE WITH THE REQUIREMENTS OF SECTIONS 29-20-104 (e.5) AND
(e.7);
(2) THE CREATION OF A PROGRAM TO SUBSIDIZE OR OTHERWISE REDUCE
LOCAL DEVELOPMENT REVIEW OR FEES, INCLUDING:
(a) BUILDING PERMIT FEES;
(b) PLANNING WAIVERS;
(c) WATER AND SEWER TAP FEES; AND
(d) INFRASTRUCTURE COSTS FOR REGULATED AFFORDABLE HOUSING
DEVELOPMENT;
(3) THE CREATION OF AN EXPEDITED DEVELOPMENT REVIEW PROCESS
FOR REGULATED AFFORDABLE HOUSING DEVELOPMENTS;
(4) THE ESTABLISHMENT OF A DENSITY BONUS PROGRAM THAT GRANTS
INCREASED FLOOR AREA

Senate Journal, April 27
SB23-213 by Senator(s) Moreno; also Representative(s) Jodeh and Woodrow--Concerning state land
use requirements, and, in connection therewith, establishing a process to diagnose and
address housing needs across the state, addressing requirements for the regulation of
accessory dwelling units, middle housing, transit-oriented areas, key corridors, and
manufactured and modular homes, prohibiting certain planned unit development
resolutions, prohibiting a local government from enforcing certain occupancy limits,
modifying the content requirements for county and municipal master plans, prohibiting
certain municipalities from imposing minimum square footage requirements for residential
units, requiring entities to submit a completed and validated water loss audit report to the
Colorado water conservation board, prohibiting a unit owners' association from prohibiting
certain kinds of housing, requiring the transportation commission and the department of
transportation to modify the state highway access code, criteria for certain grant programs,
and expenditures from the multimodal transportation options fund to align with state
strategic growth objectives, and making an appropriation.

Amendment No. 1, Local Government & Housing Committee Amendment.
(Printed in Senate Journal, April 19, page(s) 921-956 and placed in members' bill files.)

Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, April 26, page(s) 1086-1110 and placed in members' bill files.)

Amendment No. 3(L.084), by Senator Moreno.

Amend printed bill page 36, strike lines 2 through 24 and substitute:

"29-33-106. Menu of urban municipality affordability strategies.
(1) IN ORDER TO SUPPORT AFFORDABILITY AND ADVANCE MEETING THE
HOUSING NEEDS OF ALL INCOME LEVELS IDENTIFIED IN THE LOCAL HOUSING
NEEDS ASSESSMENT, INCLUDING EXTREMELY LOW-INCOME, VERY LOW-INCOME,
AND LOW-INCOME HOUSEHOLDS AS DEFINED BY THE UNITED STATES
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, THE MENU OF
AFFORDABILITY STRATEGIES FOR AN URBAN MUNICIPALITY MUST INCLUDE THE
FOLLOWING:
(a) IMPLEMENTATION OF A LOCAL INCLUSIONARY ZONING ORDINANCE
IN ACCORDANCE WITH THE REQUIREMENTS OF SECTIONS 29-20-104 (e.5) AND
(e.7);
(b) THE CREATION OF A PROGRAM TO SUBSIDIZE OR OTHERWISE REDUCE
LOCAL DEVELOPMENT REVIEW OR FEES, INCLUDING:
(I) BUILDING PERMIT FEES;
(II) PLANNING WAIVERS;
(III) WATER AND SEWER TAP FEES; AND
(IV) INFRASTRUCTURE COSTS FOR REGULATED AFFORDABLE HOUSING
DEVELOPMENT;
(c) THE CREATION OF AN EXPEDITED DEVELOPMENT REVIEW PROCESS
FOR REGULATED AFFORDABLE HOUSING DEVELOPMENTS;
(d) THE ESTABLISHMENT OF A DENSITY BONUS PROGRAM THAT GRANTS
INCREASED FLOOR AREA RATIO, DENSITY, OR HEIGHT BEYOND WHAT IS
REQUIRED BY THIS ARTICLE 33 TO INCREASE THE CONSTRUCTION OF REGULATED
AFFORDABLE HOUSING UNITS;
(e) ENABLING REGULATED AFFORDABLE HOUSING AS A USE BY RIGHT
IN HOUSING TYPES AND AREAS BEYOND WHAT IS REQUIRED BY THIS ARTICLE 33,
SUCH AS ADDITIONAL ZONE DISTRICTS, HIGHER ALLOWED DENSITIES, OR OTHER
APPROACHES CONSISTENT WITH THE GOALS OF INCREASING HOUSING
AFFORDABILITY, SUPPLY, AND HOUSING UNIT TYPE DIVERSITY;
(f) THE ESTABLISHMENT OF A POLICY OR PLAN TO LEVERAGE
MUNICIPALLY OWNED, SOLD, OR MANAGED LAND FOR REGULATED AFFORDABLE
HOUSING DEVELOPMENT.
(g) THE ESTABLISHMENT OF A DEDICATED LOCAL REVENUE SOURCE FOR
REGULATED AFFORDABLE HOUSING DEVELOPMENT, SUCH AS INSTITUTING A
LINKAGE FEE ON NEW DEVELOPMENTS;
(h) THE REGULATION OF SHORT-TERM RENTALS OR SECOND HOMES IN
A WAY THAT SUPPORTS LOCAL HOUSING NEEDS;
(i) THE ELIMINATION OF LOCAL PARKING REQUIREMENTS FOR
REGULATED AFFORDABLE HOUSING;
(j) MAKING COMMITMENT TO AND REMAINING ELIGIBLE FOR THE STATE
AFFORDABLE HOUSING FUND CREATED IN SECTION 29-32-102 (1);
(k) INCENTIVIZING OR CREATING A DEDICATED LOCAL PROGRAM TO
FACILITATE INVESTMENT IN LAND BANKING OR COMMUNITY LAND TRUSTS; AND
(l) ANY OTHER STRATEGIES PROPOSED BY A LOCAL GOVERNMENT OR
THE MULTI-AGENCY ADVISORY COMMITTEE THAT ARE APPROVED BY THE
DEPARTMENT OF LOCAL AFFAIRS AND THAT SUPPORT EQUAL OR GREATER
AFFORDABILITY CONSISTENT WITH THE NEEDS IDENTIFIED IN THE RELEVANT
LOCAL HOUSING NEEDS ASSESSMENT.
(2) (a) URBAN MUNICIPALITIES SHALL DEMONSTRATE THE ADOPTION OF
THE NUMBER OF AFFORDABILITY STRATEGIES REQUIRED BY SECTION 29-33-105
(4)(e)(I) AND SUBMIT A REPORT DETAILING THESE STRATEGIES TO THE
DEPARTMENT OF LOCAL AFFAIRS NO LATER THAN JUNE 30, 2025. IN
DETERMINING WHICH STRATEGIES TO ADOPT, AN URBAN MUNICIPALITY SHALL
CONSIDER PREVIOUS PLANS ADDRESSING HOUSING NEEDS OR OTHER AVAILABLE
DATA TO INFORM THE SELECTION OF STRATEGIES TO ADDRESS KNOWN HOUSING
NEEDS.
(b) AN URBAN MUNICIPALITY CAN ONLY USE ONE OF THE
AFFORDABILITY STRATEGIES IDENTIFIED IN SUBSECTIONS (1)(c) AND (1)(j) OF
THIS SECTION TO SATISFY THE REQUIREMENTS OF SECTION 29-33-105 (4)(e)(I).
(3) NOTWITHSTANDING SECTION 29-33-105 (4)(e)(I), AN URBAN
MUNICIPALITY MAY SUBMIT EVIDENCE TO THE DEPARTMENT OF LOCAL AFFAIRS
CONCERNING AFFORDABILITY STRATEGIES THAT THE MUNICIPALITY HAS
ADOPTED OUTSIDE OF THOSE LISTED IN THIS SECTION, OR THAT THE
MUNICIPALITY ADOPTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION, AND
THE DEPARTMENT MAY DETERMINE WHETHER THOSE STRATEGIES MAY QUALIFY
AS AFFORDABILITY STRATEGIES FOR PURPOSES OF SECTION 29-33-105 (4)(e)(I).".

Renumber succeeding sections accordingly.

Amendment No. 4(L.094), by Senator Moreno.

Amend the Appropriations Committee Report, dated April 26, 2023, page 6,
line 38, strike "29-33-108 (3)(a)," and substitute "29-33-108 (2)(a),".

Page 10, line 12, strike "TIER ONE AND TIER TWO" and substitute "URBAN".

Page 12, line 37, strike "A TIER ONE OR TIER TWO" and substitute "AN".

Page 13, line 23, strike "IN THE CASE OF AN URBAN MUNICIPALITY, A" and
substitute "A".

Page 15, line 13, strike "FEES, INCLUDING:" and substitute "FEES FOR
REGULATED AFFORDABLE HOUSING DEVELOPMENT THAT MAY INCLUDE:".

Page 15, lines 17 and 18, strike "COSTS FOR REGULATED AFFORDABLE HOUSING
DEVELOPMENT;" and substitute "COSTS;".

Page 15, strike line 43.

Page 16, strike lines 1 through 3 and substitute:

"(12) PRIORITIZING WATER SUPPLIES FOR AFFORDABLE OR DENSE
HOUSING TYPES OVER LESS EFFICIENT HOUSING OR OTHER LESS CRITICAL USES
THROUGH A WATER ALLOCATION POLICY ESTABLISHED BY THE MUNICIPALITY
OR IN COORDINATION WITH A UTILITY PROVIDER;".

Page 18, strike lines 7 and 8.

Renumber succeeding subparagraphs accordingly.

Page 18, line 23, strike "(2)(a)(VI), (2)(a)(VII), AND (2)(a)(VIII)" and substitute
"(2)(a)(V), (2)(a)(VI), AND (2)(a)(VII)".

Page 22, line 16, after "FEES" insert "FOR REGULATED AFFORDABLE HOUSING
DEVELOPMENT".

Page 24, line 36, strike "29-33-106." and substitute "29-33-111 (2).".

Page 28, line 33, strike "MUNICIPALITY" and substitute "COUNTY".

Page 28, line 36, strike "MUNICIPALITY" and substitute "COUNTY".

Page 32, line 38, strike "STANDARDS" and insert "OBJECTIVE STANDARDS, AS
DEFINED IN SECTION 29-33-102 (27),".

Page 32, line 40, strike "SUBJECTIVE REVIEW PROCESS," and substitute
"DISCRETIONARY REVIEW PROCESS, AS DEFINED IN SECTION 29-33-102 (9),".

Page 33, lines 6 and 7, strike "SUBJECTIVE REVIEW PROCESS," and substitute
"DISCRETIONARY REVIEW PROCESS, AS DEFINED IN SECTION 29-33-102 (9),".

Page 38, strike lines 23 through 29.

Amendment No. 5(L.093), by Senator Moreno.

Amend the Appropriations Committee Report, dated April 26, 2023, page 7,
line 43, strike "THIRTEEN" and substitute "FOURTEEN".

Page 8, line 32, strike "AND".

Page 8, line 34, strike "SENATE." and substitute "SENATE; AND
(XIV) ONE MEMBER WHO REPRESENTS SPECIAL DISTRICTS AND IS
APPOINTED BY THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES.".

Page 9, line 6, strike "AND (3)(a)(XIII)" and substitute "(3)(a)(XIII), AND
(3)(a)(XIV)".

Amendment No. 6(L.092), by Senator Moreno.

Amend the Appropriations Committee Report, dated April 26, 2023, page 15,
line 43, strike "ALLOCATION".

Amendment No. 7(L.091), by Senator Moreno.

Amend the Appropriations Committee Report, dated April 26, 2023, page 27,
after line 16 insert:

"29-33-116. Statewide summit. (1) NO LATER THAN APRIL 15, 2024,
THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS, ALONG
WITH A STATEWIDE ASSOCIATION OF MUNICIPALITIES, A STATEWIDE
ASSOCIATION OF COUNTIES, AND A STATEWIDE ASSOCIATION OF SPECIAL
DISTRICTS, SHALL HOLD BOTH A STATEWIDE SUMMIT AND AT LEAST SIX
REGIONAL MEETINGS THROUGHOUT THE STATE.
(2) PARTICIPANTS AT THE SUMMIT AND REGIONAL MEETINGS SHALL:
(a) DISCUSS THE ISSUES OF LAND USE, HOUSING AVAILABILITY AND
AFFORDABILITY, WATER AVAILABILITY, AND TRANSPORTATION; AND
(b) DEVELOP REGIONAL AND STATEWIDE SOLUTIONS FOR ADDRESSING
THE ISSUES DISCUSSED AT THE SUMMIT AND REGIONAL MEETINGS PURSUANT TO
SUBSECTION (2)(a) OF THIS SECTION.
(3) NO LATER THAN SEPTEMBER 15, 2024, THE EXECUTIVE DIRECTOR OF
THE DEPARTMENT OF LOCAL AFFAIRS SHALL REPORT ON THE RESULTS OF THE
SUMMIT AND REGIONAL MEETINGS TO THE SENATE LOCAL GOVERNMENT AND
HOUSING COMMITTEE AND THE HOUSE OF REPRESENTATIVES TRANSPORTATION,
HOUSING, AND LOCAL GOVERNMENT COMMITTEE, OR THEIR SUCCESSOR
COMMITTEES.
(4) AT LEAST FOUR OF THE REGIONAL MEETINGS MUST BE HELD OUTSIDE
OF THE DENVER REGIONAL COUNCIL OF GOVERNMENTS' AREA.
(5) THE SUMMIT AND REGIONAL MEETINGS MUST INCLUDE
REPRESENTATIVES FROM:
(a) LOCAL GOVERNMENTS;
(b) CHAMBERS OF COMMERCE;
(c) AFFORDABLE HOUSING GROUPS;
(d) INFRASTRUCTURE AND SERVICE PROVIDERS;
(e) WATER PROVIDERS;
(f) THE AGRICULTURAL SECTOR;
(g) HOMEBUILDERS;
(h) ENVIRONMENTAL GROUPS;
(i) ECONOMIC DEVELOPMENT PROFESSIONALS;
(j) TRANSPORTATION EXPERTS;
(k) TRIBAL GOVERNMENTS; AND
(l) OTHER STAKEHOLDERS AS NECESSARY TO PROVIDE DIVERSE
PERSPECTIVES ON THE ISSUES DISCUSSED AT THE SUMMIT AND REGIONAL
MEETINGS PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION.".

Amendment No. 8(L.078), by Senator Jaquez Lewis.

Amend the Appropriations Committee Report, dated April 26, 2023, page 9,
line 15, strike "ONCE" and substitute "THREE TIMES".

Page 10, line 38, strike "AND".

Page 10, line 39, strike "COORDINATION." and substitute "COORDINATION; AND
(V) ASSESS AND PROVIDE DATA REGARDING ANY HOME OWNERSHIP OR
RENTAL HOUSING INEQUITIES IMPACTING POPULATIONS THAT MAY HAVE BEEN
HISTORICALLY EXCLUDED FROM HOME OWNERSHIP OR RENTAL HOUSING
OPPORTUNITIES. THIS DATA MAY INCLUDE, BUT IS NOT LIMITED TO, HOUSING
STATUS BY VETERAN STATUS, GENDER, AGE, FAMILY STATUS, INCOME, RACE
AND ETHNICITY, AND SPEAKING ENGLISH LESS THAN VERY WELL.".

Page 12, line 7, strike "AREA;" and substitute "AREA BY ANNUAL SALARY AND
WAGE;".

Page 13, line 9, strike "AGES" and substitute "AGES, FAMILY STATUS AND SIZE,".

Page 13, after line 17, insert:

"(d) AN ANALYSIS OF ADDITIONAL FUNDING NEEDED TO IMPLEMENT THE
HOUSING PLAN;".

Reletter succeeding paragraphs accordingly.

Page 14, line 18, strike "HOUSING;" and substitute "HOUSING THAT SUPPORTS
THE GOALS OF SENATE BILL 23-213 WHICH INCLUDE BUT ARE NOT LIMITED TO
MEETING THE STATE'S HOUSING NEEDS FOR PEOPLE OF ALL INCOME LEVELS, AGE,
AND FAMILY STATUS AND REDUCING TRANSPORTATION-RELATED CLIMATE AND
AIR QUALITY IMPACTS;".

Page 15, line 13, strike "FEES," and substitute "FEES FOR REGULATED
AFFORDABLE HOUSING,".

Page 15, lines 17 and 18, strike "COSTS FOR REGULATED AFFORDABLE HOUSING
DEVELOPMENT;" and substitute "COSTS;".

Page 17, after line 3, insert:

"(V) THE NUMBER OF RESIDENTS WHO ARE OVER THE AGE OF SIXTY-FIVE
AND HAVE LIVED IN THEIR HOME FOR MORE THAN TEN YEARS;".

Renumber succeeding subparagraphs accordingly.

Page 18, strike lines 11 and 12, and substitute:

"(V) THAT INCLUDE GREYFIELD DEVELOPMENT AND BROWNFIELD
DEVELOPMENT;".

Page 18, line 20, strike "HOUSING TYPES;" and substitute "DESIGN;".

Page 19, after line 3, insert:

"(a) MEETING THE HOUSING NEEDS OF ALL OF COLORADO'S
RESIDENTS;".

Reletter succeeding paragraphs accordingly.

Page 19, line 4, after "FOR" insert "ENVIRONMENTALLY SUSTAINABLE".

Page 19, line 5, after "HOUSING" insert "AND TRANSPORTATION".

Page 19, lines 9 and 10, strike "EMISSIONS; AND" and substitute "EMISSIONS TO
MEET THE STATE'S STATUTORY REDUCTION GOALS;
(h) INCREASING TRANSPORTATION CHOICES AND IMPROVING MOBILITY,
SAFETY, CONNECTIVITY, AND ACCESS FOR NON-DRIVING MODES, AND REDUCING
PER CAPITA VEHICLE MILES TRAVELED;
(i) ADVANCING EQUITY AND ENVIRONMENTAL JUSTICE BY PRIORITIZING
DISPROPORTIONATELY IMPACTED COMMUNITIES IN ACCESSING HOUSING AND
TRANSPORTATION;
(j) PRIORITIZING EXISTING HIGH DENSITY, MIXED USE COMMUNITIES
THAT LACK ADEQUATE STATE FUNDING FOR PUBLIC TRANSPORTATION
INFRASTRUCTURE; AND".

Reletter succeeding paragraph accordingly.

Page 19, line 21, strike "AND" and substitute:

"(II) POLICY OPTIONS TO PROMOTE WATER USE EFFICIENCY; AND".

Renumber succeeding subparagraph accordingly.

Page 19, line 35, after "GAS" insert "EMISSION IN A MANNER SUFFICIENT TO
MEET THE STATE'S STATUTORY REDUCTION GOALS".

Page 19, line 36, after "POLLUTION," insert "DEMONSTRATES THE REDUCTION OF
NEAR-ROAD AIR POLLUTION,".

Page 22, line 16, after "FEES" insert "FOR REGULATED AFFORDABLE HOUSING".

Page 22, line 20, strike "HOUSING DEVELOPMENT;" and substitute "HOUSING;".

Page 26, after line 29, insert:

"(a) THE NUMBER OF PERMITS ISSUED BY EACH OF THE CATEGORIES
WITHIN THE HOUSING NEEDS ASSESSMENT OF A MUNICIPALITY OR RURAL RESORT
JOB CENTER, INCLUDING, BUT NOT LIMITED TO, BY INCOME, BY HOME
OWNERSHIP VERSUS RENTAL, BY REGULATED AFFORDABLE HOUSING, AND BY
NUMBER OF BEDROOMS;".

Reletter succeeding paragraphs accordingly.

Page 26, after line 41, insert:

"(g) THE NUMBER OF DWELLING UNIT PERMITS FOR TRANSIT-ORIENTED
COMMUNITIES.".

Reletter the succeeding paragraphs.

Page 39, line 12, strike "emissions;" and substitute "emissions IN A MANNER
SUFFICIENT TO MEET THE STATE'S GOALS, AND REDUCTION OF NEAR-ROAD AIR
POLLUTION;".

Amendment No. 9(L.101), by Senator Jaquez Lewis.

Amend the Appropriations Committee Report, dated April 26, 2023, page 10,
after line 31 insert:

"(III) DETERMINE THE NEED FOR ACCESSORY DWELLING UNITS;".

Renumber succeeding subparagraphs accordingly.

Page 11, line 9, strike "AND".

Page 11, after line 9 insert:

"(II) DETERMINE THE NEED FOR ACCESSORY DWELLING UNITS; AND".

Renumber succeeding subparagraph accordingly.

Amendment No. 10(L.080), by Senator Bridges.

Amend the Appropriations Committee Report, dated April 26, 2023, page 13,
line 42, strike "COUNTY OR MUNICIPALITY" and substitute "COUNTY, COUNCIL
OF GOVERNMENT, OR MUNICIPALITY".

Page 14, strike lines 2 through 7 and substitute:
"(b) THE COUNTIES, COUNCILS OF GOVERNMENT, OR MUNICIPALITIES
THAT PARTICIPATE IN A PLANNING PROCESS:
(I) MAY UTILIZE DATA AND INFORMATION FROM A RELEVANT REGIONAL
HOUSING NEEDS ASSESSMENT THAT IS NO MORE THAN FIVE YEARS OLD TO
INFORM THEIR PARTICIPATION IN THE PLANNING PROCESS;
(II) ARE ENCOURAGED TO INCORPORATE STRATEGIC GROWTH
OBJECTIVES AS DEFINED IN SECTION 29-33-108 IN THE PLANNING PROCESS; AND
(III) ARE ENCOURAGED TO IDENTIFY STRATEGIES THAT ADDRESS THE
HOUSING NEEDS IDENTIFIED IN LOCAL HOUSING NEEDS ASSESSMENTS THROUGH
THE ADOPTION OF INTERJURISDICTIONAL STRATEGIES AND AFFORDABILITY
STRATEGIES IDENTIFIED IN SECTION 29-33-106.
(c) IF NO EXISTING REGIONAL PLAN EXISTS, A GROUP OF COUNTIES,
COUNCILS OF GOVERNMENT, OR MUNICIPALITIES MAY REQUEST THAT THE
URBAN AREA SUBCOMMITTEE CREATED IN SECTION 29-33-103 (9) FACILITATE
THE CREATION OF A REGIONAL PLANNING PROCESS.
(d) A REGIONAL HOUSING NEEDS PLANNING PROCESS MAY BE LED BY A
REGIONAL ENTITY AND MUST ENCOURAGE PARTICIPATING COUNTIES, COUNCILS
OF GOVERNMENT, AND MUNICIPALITIES TO IDENTIFY STRATEGIES THAT IMPROVE
COORDINATION BETWEEN ENTITIES TO MEET THE HOUSING NEEDS IDENTIFIED
FOR THOSE LOCAL GOVERNMENTS IN THE REGIONAL AND LOCAL HOUSING NEEDS
ASSESSMENTS.
(e) BY DECEMBER 31, 2024, THE URBAN AREA SUBCOMMITTEE CREATED
IN SECTION 29-33-103 (9) SHALL ISSUE A REPORT TO THE EXECUTIVE DIRECTOR
OF THE DEPARTMENT OF LOCAL AFFAIRS ON THE STATUS, OPPORTUNITIES, AND
CHALLENGES OF REGIONAL PLANNING IN THE URBAN REGIONS, INCLUDING THE
CONNECTION BETWEEN HOUSING, TRANSPORTATION, AND REGIONAL EQUITY IN
REGARD TO COMMUNITIES THAT HOUSE THE WORKFORCE AND THOSE THAT ARE
URBAN MUNICIPALITIES. THE URBAN AREA SUBCOMMITTEE CREATED IN SECTION
29-33-103 (9) SHALL ALSO EVALUATE AND MAKE RECOMMENDATIONS ON THE
USE OF DATA TO CREATE AFFORDABILITY STRATEGIES IN REGIONAL AND LOCAL
HOUSING ASSESSMENTS AND REGIONAL AND LOCAL HOUSING PLANS THAT
FOLLOW STRATEGIC GROWTH OBJECTIVES AS DEFINED IN SECTION 29-33-108.".


Amendment No. 11(L.089), by Senator Ginal.

Amend the Appropriations Committee Report, dated April 26, 2023, page 2,
after line 1 insert:

"(e) ALTHOUGH SOME LOCAL GOVERNMENTS WORK TO BECOME
AGE-FRIENDLY COMMUNITIES, THESE LOCAL GOVERNMENTS USE DIFFERENT
APPROACHES TO ADDRESS OLDER ADULT HOUSING NEEDS, AND MANY LOCAL
GOVERNMENTS DO NOT SPECIFICALLY PLAN FOR STRATEGIES TO ADDRESS OLDER
ADULT HOUSING NEEDS. OLDER ADULTS REPRESENT THE FASTEST GROWING
SEGMENT OF COLORADO'S POPULATION AND HAVE DIVERSE HOUSING NEEDS.
LOCAL GOVERNMENTS THAT DO NOT PLAN TO ADEQUATELY MEET THE NEED FOR
MORE ACCESSIBLE AND AFFORDABLE HOUSING UNITS BUILT WITH UNIVERSAL
DESIGN AND LOCATED WITHIN AGE FRIENDLY COMMUNITIES, CONTRIBUTE TO AN
IMBALANCE IN THE LOCAL, REGIONAL, AND STATEWIDE HOUSING MARKETS.".

Reletter succeeding paragraphs accordingly.

Page 2, line 3, after "GROWTH" insert "AND CHANGING DEMOGRAPHICS".

Page 2, line 25, strike "AMENDED." and substitute "AMENDED AND
INCORPORATES UNIVERSAL DESIGN.".

Page 5, line 2, after "SECTION." insert "THIS MAY INCLUDE AGE RESTRICTED
HOUSING, WHICH MEANS HOUSING DEVELOPMENTS FOR OLDER ADULTS THAT
HAVE MINIMUM AGE REQUIREMENTS FOR RESIDENCY.".

Page 7, after line 29, insert:

"(39) "UNIVERSAL DESIGN" MEANS ANY DWELLING UNIT DESIGNED AND
CONSTRUCTED THAT IS SAFE AND ACCESSIBLE FOR EVERYONE, REGARDLESS OF
AGE, PHYSICAL ABILITY, OR STATURE.".

Renumber succeeding subsections accordingly.

Page 15, line 1, after "affordability" insert "and accessibility".

Page 16, line 10, strike "AND".

Page 16, after line 10 insert:

"(14) ESTABLISHING HOUSING AND LAND USE POLICIES INFORMED BY
THE FINDINGS AND RECOMMENDATIONS OF THE STRATEGIC ACTION PLAN ON
AGING, DEVELOPED PURSUANT TO SECTION 24-32-3406, AND THE LIFELONG
COLORADO INITIATIVE CREATED PURSUANT TO SECTION 26-11-302, INCLUDING
THE EIGHT REALMS OF LIVABLE AND AGE FRIENDLY COMMUNITIES; AND".

Renumber succeeding subsection accordingly.

Page 16, line 14, after "AFFORDABILITY" insert "AND ACCESSIBILITY".

Page 17, after line 3 insert:

"(V) THE NUMBER OF ADULTS WHO ARE SIXTY-FIVE YEARS OF AGE OR
OLDER;".

Renumber succeeding subparagraphs accordingly.

Amendment No. 12(L.079), by Senator Gonzales.

Amend the Appropriations Committee Report, dated April 26, 2023, page 3,
strike lines 28 through 41, and substitute:

"(10) "DISPLACEMENT" MEANS THE INVOLUNTARY RELOCATION OF
RESIDENTS DUE TO:
(a) NEW DEVELOPMENT AND AN INFLUX OF WEALTHIER RESIDENTS
RESULTING IN THE GENTRIFICATION OF A NEIGHBORHOOD;
(b) HOMES BEING VACATED BY LOW-INCOME RESIDENTS AND OTHER
LOW-INCOME RESIDENTS BEING UNABLE TO AFFORD TO MOVE IN OR FORCED TO
VACATE BECAUSE RENTS AND SALES PRICES HAVE INCREASED ABOVE WHAT
LOW-INCOME RESIDENTS CAN AFFORD;
(c) DISCRIMINATORY POLICIES, SUCH AS BANNING TENANTS WITH
HOUSING VOUCHERS, ELIMINATING UNITS LARGE ENOUGH FOR HOUSEHOLDS
WITH CHILDREN, OR CHANGING LAND USE OR ZONING THAT FOSTER A CHANGE
IN THE CHARACTER OF THE RESIDENTIAL DEVELOPMENT;
(d) GENTRIFICATION-INDUCED DISPLACEMENT, TAKING INTO ACCOUNT
RESIDENTS WHO HAVE ALREADY BEEN DISPLACED AND CURRENT AND FUTURE
RESIDENTS WHO ARE OR MAY BE DISPLACED INCLUDING RENTERS, LOW-INCOME
HOUSEHOLDS, PERSONS OF COLOR, HOUSEHOLDS HEADED BY A RESIDENT
WITHOUT A COLLEGE DEGREE, AND FAMILIES IN POVERTY WITH CHILDREN;
(e) WIDESPREAD DISPLACEMENT OF SOCIAL AND CULTURAL
CONNECTIONS AND COMMUNITY-SERVING ENTITIES;
(f) DETERIORATION OF OR PHYSICAL CONDITIONS THAT RENDER
RESIDENCES UNINHABITABLE, WHICH MAY BE CAUSED BY LACK OF RENOVATION
OR REHABILITATION, OR DEMOLITION OR REDEVELOPMENT, OF AGING
AFFORDABLE HOUSING OR COMMERCIAL SPACES; OR
(g) INCREASED REAL ESTATE PRICES, RENTS, PROPERTY TAXES, NEW
DEVELOPMENT INCLUDING AMENITIES, AND OTHER ECONOMIC FACTORS THAT
LEAD TO GENTRIFICATION.".

Amendment No. 13(L.081), by Senator Gonzales.

Amend the Appropriations Committee Report, dated April 26, 2023, page 27,
after line 16 insert:

"29-33-116. Legislative oversight committee concerning affordable
housing and homelessness - creation - duties. (1) Creation. (a) THERE IS
CREATED A LEGISLATIVE OVERSIGHT COMMITTEE CONCERNING AFFORDABLE
HOUSING AND HOMELESSNESS, WHICH IS REFERRED TO IN THIS SECTION AS THE
"COMMITTEE".
(b) THE COMMITTEE CONSISTS OF SIX MEMBERS AS FOLLOWS:
(I) THE PRESIDENT OF THE SENATE SHALL APPOINT TWO SENATORS TO
SERVE ON THE COMMITTEE, AND THE MINORITY LEADER OF THE SENATE SHALL
APPOINT ONE SENATOR TO SERVE ON THE COMMITTEE; AND
(II) THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL APPOINT
THREE REPRESENTATIVES TO SERVE ON THE COMMITTEE, NO MORE THAN TWO
OF WHOM ARE MEMBERS OF THE SAME POLITICAL PARTY.
(c) AS SOON AS PRACTICABLE AFTER THE CONVENING DATE OF THE
SECOND REGULAR SESSION OF THE SEVENTY-FOURTH GENERAL ASSEMBLY, BUT
NO LATER THAN THE END OF THE LEGISLATIVE SESSION, THE SPEAKER, THE
PRESIDENT, AND THE MINORITY LEADER OF THE SENATE SHALL EACH APPOINT
MEMBERS TO THE COMMITTEE PURSUANT TO SUBSECTION (1)(b) OF THIS
SECTION. THEREAFTER, THE TERMS OF MEMBERS APPOINTED OR REAPPOINTED
BY THE SPEAKER, THE PRESIDENT, AND THE MINORITY LEADER OF THE SENATE
EXPIRE ON THE CONVENING DATE OF THE FIRST REGULAR SESSION OF THE NEXT
GENERAL ASSEMBLY, AND ALL SUBSEQUENT APPOINTMENTS AND
REAPPOINTMENTS BY THE SPEAKER, THE PRESIDENT, AND THE MINORITY LEADER
OF THE SENATE MUST BE MADE AS SOON AS PRACTICABLE AFTER THE
CONVENING DATE, BUT NO LATER THAN THE END OF THE LEGISLATIVE SESSION.
(d) THE PERSON MAKING THE ORIGINAL APPOINTMENT OR
REAPPOINTMENT SHALL FILL ANY VACANCY BY APPOINTMENT FOR THE
REMAINDER OF AN UNEXPIRED TERM. MEMBERS APPOINTED OR REAPPOINTED
SERVE AT THE PLEASURE OF THE APPOINTING AUTHORITY AND CONTINUE IN
OFFICE UNTIL THE MEMBER'S SUCCESSOR IS APPOINTED.
(e) THE PRESIDENT OF THE SENATE SHALL SELECT THE FIRST CHAIR OF
THE COMMITTEE, AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL
SELECT THE FIRST VICE-CHAIR. THE CHAIR AND VICE-CHAIR SHALL ALTERNATE
ANNUALLY THEREAFTER BETWEEN THE TWO HOUSES.
(f) THE CHAIR AND VICE-CHAIR OF THE COMMITTEE MAY ESTABLISH
ORGANIZATIONAL AND PROCEDURAL RULES AS ARE NECESSARY FOR THE
OPERATION OF THE COMMITTEE AND, IN COLLABORATION WITH THE TASK FORCE
CONCERNING AFFORDABLE HOUSING AND HOMELESSNESS CREATED IN SECTION
29-33-117, GUIDELINES AND EXPECTATIONS FOR ONGOING COLLABORATION
WITH THE TASK FORCE.
(g) (I) MEMBERS OF THE COMMITTEE MAY RECEIVE PAYMENT OF PER
DIEM AND REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES
AUTHORIZED PURSUANT TO SECTION 2-2-307.
(II) THE DIRECTOR OF RESEARCH OF THE LEGISLATIVE COUNCIL AND THE
DIRECTOR OF THE OFFICE OF LEGISLATIVE LEGAL SERVICES SHALL SUPPLY STAFF
ASSISTANCE TO THE COMMITTEE AS THEY DEEM APPROPRIATE, WITHIN EXISTING
APPROPRIATIONS.
(2) Duties. (a) (I) THE COMMITTEE SHALL MEET AT LEAST THREE, BUT
NO MORE THAN SIX, TIMES EACH YEAR AND AT SUCH OTHER TIMES AS IT DEEMS
NECESSARY. ALL MEETINGS OF THE COMMITTEE ARE OPEN TO THE PUBLIC AND
MUST BE RECORDED.
(II) EACH COMMITTEE MEMBER SHALL ANNUALLY EITHER ATTEND OR
CALL INTO AT LEAST ONE REGULAR TASK FORCE CONCERNING AFFORDABLE
HOUSING AND HOMELESSNESS MEETING. COMMITTEE MEMBERS ARE
ENCOURAGED TO ATTEND SEPARATE MEETINGS AND INFORM THE REST OF THE
COMMITTEE ABOUT THE CURRENT WORK OF THE TASK FORCE.
(b) THE COMMITTEE IS RESPONSIBLE FOR THE OVERSIGHT OF THE TASK
FORCE CONCERNING AFFORDABLE HOUSING AND HOMELESSNESS CREATED IN
SECTION 29-33-117, AND SHALL SUBMIT ANNUAL REPORTS PURSUANT TO
SUBSECTION (2)(c) OF THIS SECTION TO THE GENERAL ASSEMBLY REGARDING
THE TASK FORCE'S FINDINGS AND RECOMMENDATIONS. IN ADDITION, THE
COMMITTEE MAY RECOMMEND LEGISLATIVE CHANGES THAT ARE TREATED AS
BILLS RECOMMENDED BY AN INTERIM LEGISLATIVE COMMITTEE FOR PURPOSES
OF ANY INTRODUCTION DEADLINES OR BILL LIMITATIONS IMPOSED BY THE JOINT
RULES OF THE GENERAL ASSEMBLY.
(c) (I) ON OR BEFORE JANUARY 15 OF EACH YEAR, THE COMMITTEE IS
REQUIRED TO SUBMIT A REPORT TO THE GENERAL ASSEMBLY AND MAKE SUCH
REPORT PUBLICLY AVAILABLE ON ITS WEBSITE; HOWEVER, DURING ANY INTERIM
IN WHICH THE GENERAL ASSEMBLY HAS SUSPENDED INTERIM COMMITTEE
ACTIVITIES, THE COMMITTEE IS NOT REQUIRED TO SUBMIT SUCH A REPORT. THE
ANNUAL REPORT MUST BRIEFLY SUMMARIZE THE STUDY ISSUES,
RECOMMENDATIONS CONSIDERED, AND ANY ACTIONS TAKEN BY THE
COMMITTEE AND THE TASK FORCE DURING THE PREVIOUS YEAR.
(II) THE REPORT MUST COMPLY WITH THE PROVISIONS OF SECTION
24-1-117 (9). NOTWITHSTANDING SECTION 24-1-117 (11)(a)(I), THE
REQUIREMENT IN THIS SECTION TO REPORT TO THE GENERAL ASSEMBLY
CONTINUES INDEFINITELY.
(d) AS NECESSARY, THE COMMITTEE MAY REQUEST PUBLIC TESTIMONY
AND TESTIMONY AND REPORTS FROM STATE AGENCIES.
(3) THIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2027. BEFORE
THE REPEAL, THIS SECTION IS SCHEDULED FOR REVIEW, ALONG WITH SECTION
29-33-117, IN ACCORDANCE WITH SECTION 24-34-104.
29-33-117. Task force concerning affordable housing and
homelessness - creation - membership - duties. (1) Creation. THERE IS
CREATED A TASK FORCE CONCERNING AFFORDABLE HOUSING AND
HOMELESSNESS, WHICH IS REFERRED TO IN THIS SECTION AS THE "TASK FORCE".
THE TASK FORCE CONSISTS OF TWENTY-FIVE MEMBERS APPOINTED AS PROVIDED
IN SUBSECTION (2) OF THIS SECTION AND ANY STAFF SUPPORT AS PROVIDED FOR
IN SECTION 29-33-116.
(2) Membership - terms. (a) THE FOLLOWING NINE MEMBERS MUST BE
APPOINTED ON OR BEFORE AUGUST 1, 2024:
(I) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS
SHALL APPOINT ONE MEMBER TO REPRESENT THE DIVISION OF HOUSING;
(II) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS
SHALL APPOINT ONE MEMBER TO REPRESENT THE DIVISION OF HOUSING'S OFFICE
OF HOMELESSNESS INITIATIVES;
(III) THE EXECUTIVE DIRECTOR OF THE COLORADO HOUSING AND
FINANCE AUTHORITY SHALL APPOINT ONE MEMBER TO REPRESENT THE
AUTHORITY;
(IV) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HEALTH CARE
POLICY AND FINANCING SHALL APPOINT ONE MEMBER TO REPRESENT THE
DEPARTMENT;
(V) THE COMMISSIONER OF THE BEHAVIORAL HEALTH ADMINISTRATION
SHALL APPOINT ONE MEMBER REPRESENTING THE BEHAVIORAL HEALTH
ADMINISTRATION;
(VI) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS
SHALL APPOINT ONE MEMBER TO REPRESENT THE DEPARTMENT;
(VII) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF EDUCATION
SHALL APPOINT ONE MEMBER TO REPRESENT THE DEPARTMENT;
(VIII) THE GOVERNOR SHALL APPOINT ONE MEMBER TO REPRESENT
EITHER THE DEPARTMENT OF LABOR AND EMPLOYMENT OR THE DEPARTMENT
OF HUMAN SERVICES; AND
(IX) THE GOVERNOR SHALL APPOINT ONE MEMBER TO REPRESENT
EITHER THE COLORADO ENERGY OFFICE OR THE OFFICE OF ECONOMIC
DEVELOPMENT AND INTERNATIONAL TRADE.
(b) THE CHAIR AND VICE-CHAIR OF THE LEGISLATIVE OVERSIGHT
COMMITTEE CONCERNING AFFORDABLE HOUSING AND HOMELESSNESS CREATED
IN SECTION 29-33-116, REFERRED TO IN THIS SECTION AS THE "COMMITTEE",
SHALL APPOINT SIXTEEN ADDITIONAL MEMBERS. COMMITTEE STAFF ARE
RESPONSIBLE FOR PUBLICLY ANNOUNCING VACANCIES FOR THE FOLLOWING
POSITIONS, AND REQUESTING CANDIDATES SUBMIT A LETTER OF INTEREST FOR
THE SPECIFIC POSITION, SO THAT THE LETTERS OF INTEREST ARE DUE NO LATER
THAN ONE WEEK AFTER THE EFFECTIVE DATE OF THIS SECTION. THE
LEGISLATIVE OVERSIGHT COMMITTEE, BY MAJORITY VOTE, SHALL APPROVE THE
APPOINTMENTS FOR THESE POSITIONS. THE TASK FORCE MEMBERS TO BE
APPOINTED PURSUANT TO THIS SUBSECTION (2)(b) INCLUDE:
(I) ONE MEMBER WHO REPRESENTS A HOMELESS SERVICES PROVIDER IN
AN URBAN AREA;
(II) ONE MEMBER WHO REPRESENTS A HOMELESS SERVICES PROVIDER
IN A RURAL OR RURAL RESORT AREA;
(III) ONE MEMBER WHO REPRESENTS A FOR-PROFIT DEVELOPER OF
AFFORDABLE RENTAL HOUSING;
(IV) ONE MEMBER WHO REPRESENTS A NOT-FOR-PROFIT DEVELOPER OF
AFFORDABLE RENTAL HOUSING;
(V) ONE MEMBER WHO REPRESENTS A FOR-PROFIT DEVELOPER OF
AFFORDABLE FOR-SALE HOUSING;
(VI) ONE MEMBER WHO REPRESENTS A NOT-FOR-PROFIT DEVELOPER OF
AFFORDABLE FOR-SALE HOUSING;
(VII) ONE MEMBER WHO REPRESENTS A PROVIDER OF SUPPORTIVE
HOUSING OR SUPPORTIVE SERVICES;
(VIII) ONE MEMBER WHO REPRESENTS AN OPERATOR OF MULTIFAMILY
AFFORDABLE HOUSING;
(IX) ONE MEMBER FROM A LOCAL GOVERNMENT IN AN URBAN AREA;
(X) ONE MEMBER FROM A LOCAL GOVERNMENT IN A RURAL AREA;
(XI) ONE MEMBER FROM A LOCAL GOVERNMENT IN A RURAL RESORT
AREA;
(XII) ONE MEMBER WHO REPRESENTS AN AFFORDABLE HOUSING
ADVOCACY ORGANIZATION;
(XIII) ONE MEMBER WHO REPRESENTS EITHER A HOMELESSNESS
ADVOCACY ORGANIZATION OR AN ANTI-POVERTY ADVOCACY ORGANIZATION;
(XIV) ONE MEMBER WITH LIVED EXPERIENCE OF HOMELESSNESS WHO
IS LIVING IN PERMANENT SUPPORTIVE HOUSING AT THE TIME OF THEIR
APPOINTMENT;
(XV) ONE MEMBER WHO, AT THE TIME OF THEIR APPOINTMENT, IS
LIVING IN AFFORDABLE RENTAL HOUSING THAT IS RESTRICTED TO EIGHTY
PERCENT OR LESS OF AREA MEDIAN INCOME; AND
(XVI) ONE MEMBER WHO, AT THE TIME OF THEIR APPOINTMENT, IS
LIVING IN AFFORDABLE RENTAL HOUSING THAT IS RESTRICTED TO ONE HUNDRED
AND TWENTY PERCENT OR LESS OF AREA MEDIAN INCOME.
(c) BEGINNING ON THE EFFECTIVE DATE OF THIS SECTION, MEMBERS
APPOINTED TO THE TASK FORCE PURSUANT TO SUBSECTION (2)(b) OF THIS
SECTION SHALL SERVE NO MORE THAN THREE CONSECUTIVE TWO-YEAR TERMS,
WITH THE APPOINTING AUTHORITY'S APPROVAL FOR EACH SPECIFIC TERM. WITH
THE APPOINTING AUTHORITY'S APPROVAL, A MEMBER OF THE TASK FORCE WHO
IS SERVING ON THE TASK FORCE AS OF THE EFFECTIVE DATE OF THIS SECTION IS
CONSIDERED TO BE BEGINNING THE MEMBER'S FIRST TWO-YEAR TERM.
(d) (I) A VACANCY OCCURRING IN A POSITION THAT IS APPOINTED
PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION MUST BE FILLED AS SOON AS
POSSIBLE BY THE INITIAL APPOINTING OFFICIAL. IN ADDITION, THE INITIAL
APPOINTING OFFICIAL MAY REMOVE AND REPLACE ANY APPOINTMENT THE
OFFICIAL MADE TO THE TASK FORCE MADE PURSUANT TO SUBSECTION (2)(a) OF
THIS SECTION.
(II) A VACANCY OCCURRING IN A POSITION FILLED BY THE CHAIR AND
VICE-CHAIR OF THE COMMITTEE PURSUANT TO SUBSECTION (2)(b) OF THIS
SECTION MUST BE FILLED AS SOON AS POSSIBLE BY THE CHAIR AND VICE-CHAIR
OF THE COMMITTEE IN ACCORDANCE WITH THE LIMITATIONS SPECIFIED IN
SUBSECTION (2)(b) OF THIS SECTION. IN ADDITION, THE CHAIR AND VICE-CHAIR
OF THE COMMITTEE MAY REMOVE AND REPLACE ANY APPOINTMENT TO THE
TASK FORCE MADE PURSUANT TO SUBSECTION (2)(b) OF THIS SECTION.
(e) IN MAKING APPOINTMENTS TO THE TASK FORCE, THE APPOINTING
AUTHORITIES SHALL ENSURE THAT THE MEMBERSHIP OF THE TASK FORCE
INCLUDES PERSONS WHO HAVE EXPERIENCE WITH OR INTEREST IN THE STUDY
AREAS OF THE TASK FORCE AS SET FORTH IN SUBSECTION (3) OF THIS SECTION;
PERSONS WHO REFLECT THE ETHNIC, CULTURAL, AND GENDER DIVERSITY OF THE
STATE; PERSONS REPRESENTING OF ALL AREAS OF THE STATE; AND, TO THE
EXTENT PRACTICABLE, PERSONS WITH DISABILITIES.
(f) (I) ALL TASK FORCE MEMBERS ARE EXPECTED TO SEEK INPUT FROM
THE VARIOUS NETWORKS OR ORGANIZATIONAL STRUCTURES OF THE BODY THEY
REPRESENT, IF ANY. EVERY APPOINTING OFFICER IS ENCOURAGED TO NOMINATE
A REPRESENTATIVE WHO CAN PARTICIPATE IN MAKING TASK FORCE SUBJECT
MATTER EXPERT RECOMMENDATIONS, YET STILL APPROPRIATELY REPRESENT
THE RELEVANT STATE AGENCY.
(II) IN ORDER TO ADVANCE THE WORK OF THE TASK FORCE, TASK FORCE
MEMBERS ARE ENCOURAGED TO PARTICIPATE IN DECISION-MAKING, WITH THE
UNDERSTANDING THAT INDIVIDUAL VOTES ON TASK FORCE ISSU

House Journal, May 3
20 SB23-213 be amended as follows, and as so amended, be referred to
21 the Committee on Appropriations with favorable
22 recommendation:
23
24 Amend reengrossed bill, page 7, after line 1 insert:
25
26 "SECTION 1. Legislative declaration. (1) (a) (I) The general
27 assembly finds and declares that:
28 (A) Colorado housing is currently among the most expensive in
29 the nation. In 2021, Colorado had the sixth highest median home values
30 and the fourth highest median gross rent but only the tenth highest median
31 income, according to the state demographer;
32 (B) Between 2010 and 2021, the percentage of Coloradans
33 making less than seventy-five thousand dollars a year who were housing
34 cost-burdened, meaning they spend more than thirty percent of their
35 income on housing needs, increased from fifty-four percent to sixty-one
36 percent, and, for renters making less than seventy-five thousand dollars
37 a year, that percentage increased from fifty-nine percent to seventy-three
38 percent, according to the American Community Survey;
39 (C) Colorado's housing supply has not kept pace with population
40 growth. Between 2010 and 2020, the state added one hundred twenty-six
41 thousand fewer housing units than in the prior decade, despite the
42 population increasing by a similar amount in each decade. The state has
43 an unmet housing need, as of 2022, of between sixty-five thousand and
44 ninety thousand units, according to the state demographer;
45 (D) Many cities restrict the development of more compact
46 affordable home types, such as accessory dwelling units, townhomes,
47 duplexes, and multifamily homes, on most of their residential land;
48 (E) Older adults represent the fastest growing segment of
49 Colorado's population and have diverse housing needs that are not being
50 adequately met in the current housing market, including the need for more
51 accessible and affordable housing units built with universal design and
52
1 located within age-friendly communities. The housing and land use
2 policies of the state must be informed by the findings and
3 recommendations of the strategic action plan on aging, developed
4 pursuant to section 24-32-3406, prior to the repeal of that section, and the
5 lifelong Colorado initiative created in section 26-11-302, including the
6 eight realms of livable and age-friendly communities.
7 (F) The ten largest municipalities in the Denver metropolitan area
8 allow single-unit detached dwellings as a use by right on over eighty-five
9 percent of their residential land, compared to allowing as a use by right
10 an estimated twenty-four percent of their residential land for accessory
11 dwelling units, thirty-three percent of their residential land for
12 townhomes, thirty-one percent of their residential land for duplexes up to
13 quadplexes, and thirty-five percent of their residential land for
14 multifamily homes, according to publicly available zoning data;
15 (G) The ten largest municipalities in the Denver metropolitan area
16 require a minimum lot size of over five thousand square feet on more than
17 half of their residential land, according to publicly available zoning data;
18 (H) These types of common zoning practices make it difficult to
19 build more affordable home types and have historically been used to
20 exclude low-income residents and renters;
21 (I) To stabilize housing prices and ensure development of housing
22 to meet the state's growing need, the state must increase its housing
23 supply to address the unmet housing need from the past decade and plan
24 for future household growth; and
25 (J) Displacement from low-income neighborhoods has occurred
26 in Colorado under current land use regulations as housing rents and prices
27 have increased faster than wages, which has fundamentally changed the
28 demographics of some areas. These pressures have led to both direct
29 displacement of individual households from homes they can no longer
30 afford and indirect displacement as the result of changes in the
31 neighborhood population as low-income residents move out and the
32 vacated units are no longer affordable to similar households. As the state
33 and local governments seek to increase housing options and affordability,
34 it is essential to take steps to mitigate further displacement and enable
35 residents to stay in their neighborhoods if they wish.
36 (II) Therefore, the general assembly finds, determines and
37 declares that the lack of housing is a critical problem that threatens the
38 economic, environmental, and social quality of life in Colorado.
39 (b) (I) The general assembly finds and declares that:
40 (A) The consequences of land use policies that limit housing
41 supply and diversity include a lack of housing that is affordable to
42 Coloradans of low and moderate incomes, a lack of housing to support
43 employment growth, an imbalance in jobs and housing, segregated and
44 unequal communities, reduced mobility and long commutes, reduced
45 options for older adults to age in their community of choice, loss of open
46 space and agricultural land, high water usage, and increased greenhouse
47 gas and air pollution;
48 (B) When a local government's policies reduce and limit the
49 supply of housing, neighboring local governments are also affected by
50 more people seeking affordable housing; and
51 (C) People are not able to live near where they work, leading to
52 longer commutes, putting additional strain on Colorado's roads, and
53 increasing pollution.
54
1 (II) Therefore, the general assembly finds, determines, and
2 declares that the lack of housing supply and unsustainable development
3 patterns are partially caused by local government policies that effectively
4 limit the construction of a diverse range of housing types in areas already
5 served by infrastructure or in close proximity to jobs and public transit.
6 (c) (I) The general assembly further finds and declares that the
7 general assembly and the people of Colorado have made historic
8 investments in affordable housing, including the following:
9 (A) In 2021 and 2022, the general assembly approved close to one
10 billion dollars for affordable housing investments funded primarily by the
11 federal "American Rescue Plan Act of 2021", Pub.L. 117-2, and the
12 general fund; and
13 (B) In the November 2022 election, Colorado voters approved
14 Proposition 123, which will dedicate an estimated three hundred million
15 dollars per year to affordable housing.
16 (II) Therefore, the general assembly finds, determines, and
17 declares that, coupled with historic investments in affordable housing,
18 reforms to local land use regulations can accelerate an increase in housing
19 supply that is affordable at all income levels and accessible for people of
20 all ages and abilities.
21 (A) National studies, such as the article "Relationships between
22 Density and per Capita Municipal Spending in the United States",
23 published in Urban Science, have found that lower density communities
24 have higher government capital and maintenance costs for water, sewer,
25 and transportation infrastructure, and lower property and sales tax
26 revenues. These increased costs are often borne by both state and local
27 governments.
28 (B) A study for a rural resort municipality in Colorado found that
29 doubling the average residential density for future growth would save
30 thirty-one percent in capital and maintenance costs over twenty years.
31 (2) The general assembly finds and declares that the availability
32 of affordable housing is a matter of mixed statewide and local concern.
33 Therefore, it is the intent of the general assembly in enacting this act to:
34 (a) Create a more consistent ability statewide to develop a variety
35 of housing types, limit the ability of local governments to reduce density
36 or render infeasible housing development projects that can address the
37 state's housing shortage for all parts of the income spectrum, and support
38 more fiscally and environmentally sustainable development patterns;
39 (b) Improve regional collaboration and outcomes by reducing the
40 ability of individual local governments' land use restrictions to negatively
41 influence regional concerns such as housing affordability, open space,
42 traffic, and air pollution; and
43 (c) Increase housing supply, allow more compact development,
44 encourage more affordable housing, encourage more environmentally and
45 fiscally sustainable development patterns, encourage housing patterns that
46 conserve water resources, and encourage housing units that are located in
47 close proximity to public transit, places of employment, and everyday
48 needs.
49 (3) In finding and declaring that land use policies that affect
50 housing supply are matters of mixed statewide and local concern, the
51 general assembly finds and declares that there is a need for uniformity in
52 policies that affect housing supply because:
53
1 (a) The state has an interest in planning for future growth. The
2 state demographer estimates that between 2023 and 2030 the state will
3 add an average of thirty-five thousand households per year, and that
4 between 2030 and 2040 the state will add an additional twenty-nine
5 thousand six hundred households per year. According to the state
6 demographer, households headed by a household age sixty-five and above
7 are expected to increase by 197,000 from 2020 to 2030, meaning over
8 half of the growth in households across the state is expected to be
9 households over sixty-five.
10 (b) Housing supply impacts housing affordability. Housing prices
11 are typically higher when housing supply is restricted by local land use
12 regulations in the metropolitan region, according to studies such as the
13 National Bureau of Economic Research's working papers "Regulation and
14 Housing Supply", "The Impact of Zoning on Housing Affordability", and
15 "The Impact of Local Residential Land Use Restrictions on Land Values
16 Across and Within Single Family Housing Markets".
17 (c) Increasing housing supply moderates price increases and
18 improves housing affordability across all incomes, according to studies
19 such as "The Economic Implications of Housing Supply" in the Journal
20 of Economic Perspectives and "Supply Skepticism: Housing Supply and
21 Affordability" in Housing Policy Debate;
22 (d) Academic research such as "The Impact of Building
23 Restrictions on Housing Affordability" in the Federal Reserve Bank of
24 New York Economic Policy Review has identified zoning and other land
25 use controls as a primary driver of rising housing costs in the most
26 expensive housing markets;
27 (e) Local land use regulations influence what types of housing are
28 built throughout the state and can restrict more affordable housing
29 options;
30 (f) Between 2000 and 2019, over seventy percent of homes built
31 in Colorado were single-unit detached dwellings, while less than three
32 percent of homes were duplexes to quadplexes, and less than twenty-five
33 percent of homes were homes in multifamily buildings with five or more
34 units, according to the American Community Survey;
35 (g) Middle housing and multifamily housing types are more
36 affordable than detached dwellings, in part because land costs are shared
37 between more households;
38 (h) In 2019, Colorado duplexes and larger multifamily housing
39 units cost between fourteen to forty-three percent less to own, and
40 between nine to twenty-six percent less to rent, than single-unit detached
41 dwellings depending on the type of housing, according to the American
42 Community Survey;
43 (i) Proposed market-rate and affordable housing projects are
44 routinely delayed or denied due to discretionary and subjective political
45 processes and land use regulations that limit denser development either
46 directly or indirectly;
47 (j) According to a 2022 article titled "Does Discretion Delay
48 Development?", in the American Planning Association Journal,
49 residential projects using by-right approval processes are approved
50 twenty-eight percent faster than those using discretionary approval
51 processes, and faster approval times reduce developer costs and therefore
52 housing costs;
53
1 (k) Compact housing types such as duplexes, townhomes, and
2 multifamily homes also use significantly less energy for heating, cooling,
3 and electricity than detached dwellings, which saves residents money and
4 results in lower emissions;
5 (l) In Colorado, household energy savings range from forty
6 percent less for townhomes to seventy percent less for larger multifamily
7 homes compared to single-unit detached dwellings, according to
8 residential housing stock data from the National Renewable Energy
9 Laboratory;
10 (m) The state has an interest in ensuring economic mobility by
11 increasing affordable housing opportunities throughout the state:
12 (I) Researchers have demonstrated that restrictive local land use
13 regulations help explain segregation income within metropolitan areas,
14 which leads to disparate incomes and access to opportunities;
15 (II) In Colorado, households with the lowest incomes experienced
16 the highest rates of housing cost burden, according to the American
17 Community Survey;
18 (III) Housing costs can dictate the quality of a child's education,
19 and the highest performing schools are located in areas with the highest
20 housing costs;
21 (IV) According to a Brookings Institution report entitled "Housing
22 Costs, Zoning, and Access to High Scoring Schools" that analyzed the
23 one hundred largest metropolitan areas in the United States, housing costs
24 an average of two and four-tenths times as much near a high-scoring
25 public school than near a low-scoring one. The same study found that
26 metro areas with the least restrictive zoning have housing cost gaps
27 between high-scoring and low-scoring schools that are sixty-three percent
28 lower than metro areas with the most restrictive zoning.
29 (V) Researchers have also found that upward mobility is
30 significantly greater in more compact development areas than in low
31 density areas, primarily due to better job accessibility by multiple
32 transportation modes, according to the study "Does urban sprawl hold
33 down upward mobility?", published in the journal of Landscape and
34 Urban Planning.
35 (VI) Nationwide, cities with the highest housing costs and lowest
36 vacancy rates experience the highest rates of homelessness, according to
37 a report by the Urban Institute, "Unsheltered Homelessness Trends,
38 Characteristics, and Homeless Histories". These indicators explain a
39 greater portion of the variation in regional rates of homelessness than
40 other commonly assumed factors, such as poverty rate, substance use, or
41 mental illness, according to a study in the European Journal of Housing
42 Policy, "The Economics of Homelessness: The Evidence from North
43 America".
44 (VII) Through legislation such as House Bill 21-1266 and Senate
45 Bill 21-272, the state has made significant efforts to identify
46 disproportionately impacted communities and to prioritize benefits to
47 these communities;
48 (VIII) Researchers in the article "Housing Constraints and Spatial
49 Misallocation", in the American Economic Journal, found that restrictions
50 on new housing supply in high productivity places limit the number of
51 workers who have access to jobs in those places, which over the past
52 several decades they estimate has lowered aggregate economic growth in
53 the United States by thirty-six percent;
54
1 (IX) Researchers in the study "Unaffordable Housing and Local
2 Employment Growth", published by the Federal Reserve Bank of Boston,
3 found that metropolitan areas in the United States and counties with lower
4 housing affordability experience significantly less employment growth;
5 and
6 (X) Within regions, national surveys have found that a lack of
7 affordable housing within a reasonable commuting distance impacts
8 businesses' ability to attract and retain workers, according to a literature
9 review conducted by the Center for Housing Policy; and
10 (n) The state has an interest in advancing efficient water use, and
11 local government decisions that encourage dispersed, low density
12 development negatively affect the state's water supply:
13 (I) Efficient water use is essential for creating vibrant
14 communities that balance water supply and demand needs to create a
15 sustainable urban landscape, according to the vision laid out in the
16 Colorado water plan;
17 (II) Compact infill development reduces water demand and
18 infrastructure costs through shorter pipes that reduce losses, less
19 landscaped space per unit, and better use of existing infrastructure; and
20 (III) Compared to a single-unit detached dwelling, accessory
21 dwelling units use twenty-two percent less water, small multifamily
22 homes sixty-three percent less, and larger multifamily homes eighty-six
23 percent less, based on data from Denver and Aurora water users analyzed
24 for the Colorado water and growth dialogue Final Report in 2018.
25 (4) (a) The general assembly finds and declares that there is an
26 extraterritorial impact when local governments enact local ordinances that
27 have impacts that cross jurisdictional lines because:
28 (I) Local restrictions on housing push people further from their
29 work and increase driving commute times;
30 (II) Communities with the most restrictive local land use
31 regulations often enable job growth while limiting the ability of housing
32 growth to keep pace, which affects the pace of housing development in
33 neighboring jurisdictions. This results in regional imbalances between
34 jobs and housing that researchers have found have a significant impact on
35 vehicle miles traveled and commute times, according to studies such as
36 "Which Reduces Vehicle Travel More: Jobs-Housing Balance or
37 Retail-Housing Mixing?", published in the Journal of the American
38 Planning Association.
39 (III) In the ten rural resort municipalities with the highest jobs to
40 housing ratios in the state, over ninety percent of workers commute from
41 other jurisdictions, according to housing data from the 2020 federal
42 decennial Census and jobs and commuting data from the Longitudinal
43 Employer-Household Dynamics Origin-Destination Employment Dataset
44 from the Census;
45 (IV) The ten rural resort municipalities with the highest jobs to
46 housing ratios in the state added eighteen percent fewer housing units per
47 capita and their commute times for workers were seventeen percent
48 longer on average than jurisdictions in rural resort counties as a whole,
49 according to data from the 2020 federal decennial Census, American
50 Community Survey, and the Longitudinal Employer-Household Dynamics
51 Origin-Destination Employment Dataset from the Census;
52 (V) Nationwide, the number of jobs within the typical commute
53 distance for residents in major metropolitan areas has declined over time
54 according to a report by the Brookings Institution titled "The Growing
55 Distance Between People and Jobs in Metropolitan America";
1 (VI) Coloradans drive more miles per person than they used to, in
2 part due to dispersed, low-density development patterns, putting stress on
3 transportation infrastructure and increasing household costs;
4 (VII) Since 1981, per capita vehicle miles traveled in Colorado
5 have risen by over twenty percent according to data from the Federal
6 Highway Administration;
7 (VIII) High transportation costs impact low-income households
8 in particular, with households making less than forty-thousand dollars per
9 year in the western United States spending over twenty-four percent of
10 their income on transportation, when spending more than fifteen percent
11 of income on transportation is considered cost burdened, according to
12 data from the Bureau of Labor Statistics Consumer Expenditure Surveys;
13 and
14 (IX) In Colorado, households in more dense areas, census tracts
15 with more than four thousand units per square mile or about fifteen units
16 per acre, drive twenty percent less than the state average, and higher
17 density areas, census tracts with more than ten thousand units per square
18 mile or about forty units per acre, drive forty percent less than the state
19 average, according to data from the 2017 National Household Travel
20 Survey; and
21 (b) The increase in vehicle traffic due to local land use restrictions
22 also has an environmental extraterritorial impact:
23 (I) Vehicle traffic, which increases when land use patterns are
24 more dispersed, contributes twenty percent of nitrogen oxides emissions,
25 a key ozone precursor, according to the Executive Summary of the
26 Moderate Area Ozone SIP for the 2015 Ozone NAAQS by the Regional
27 Air Quality Council;
28 (II) The United States environmental protection agency has
29 classified the Denver Metro/North Front Range area as being in severe
30 non-attainment for ozone and ground level ozone, which has serious
31 impacts on human health, particularly for vulnerable populations;
32 (III) According to the greenhouse gas pollution reduction
33 roadmap, published by the Colorado energy office and dated January 14,
34 2021, the transportation sector is the single largest source of greenhouse
35 gas pollution in Colorado;
36 (IV) Nearly sixty percent of the greenhouse gas emissions from
37 the transportation sector come from light-duty vehicles, the majority of
38 cars and trucks that Coloradans drive every day;
39 (V) As part of the greenhouse gas pollution reduction roadmap,
40 a strategic action plan to achieve legislatively adopted targets of reducing
2005 41 greenhouse gas pollution economy-wide by fifty percent below
42 levels by 2030 and ninety percent by 2050, the state committed to
43 reducing emissions from the transportation sector by forty-one percent by
44 2030 from a 2005 baseline;
45 (VI) The Greenhouse Gas Transportation Planning Standard
46 adopted by the Transportation Commission in 2021 set a target to reduce
47 transportation greenhouse gas emissions through the transportation
48 planning process by one million five hundred thousand tons by 2030;
49 (VII) Local government land use decisions that require a
50 minimum amount of parking spaces beyond what is necessary to meet
51 market demand increase vehicle miles traveled and associated greenhouse
52 gas emissions. According to the UCLA Institute of Transportation Studies
1 article titled "What Do Residential Lotteries Show Us About
2 Transportation Choices", higher amounts of free parking provided in
3 residential developments cause higher rates of vehicle ownership, higher
4 rates of vehicle miles traveled, and less frequent transit use.
5 (VIII) Local government land use decisions that require a
6 minimum amount of parking spaces increase the cost of new residential
7 projects, which increases housing costs. According to the Regional
8 Transportation District study "Residential Parking in Station Areas: A
9 Study of Metro Denver", structured parking spaces in the Denver
10 metropolitan areas cost twenty-five thousand dollars each to build in
11 2020, and use space which would otherwise be used for revenue
12 generating residential units, decreasing the profitability of residential
13 development. As a result, parking requirements may discourage
14 developers from building new residential projects, or, if they do move
15 forward with projects, force them to recoup the costs of building
16 excessive parking by increasing housing prices.
17 (5) (a) Local land use policies that encourage dispersed, low
18 density development have an impact on open space and agricultural land,
19 and exposure to climate hazards outside of their jurisdictional limits:
20 (I) A study of urbanized areas in the United States, "The Effect of
21 Land-Use Controls on the Spatial Size of U.S. Urbanized Areas", in the
22 Journal of Regional Science, found that the presence of density
23 restrictions such as minimum lot sizes and floor area ratio limits result in
24 larger urbanized areas;
25 (II) Enabling denser housing near transit and in already developed
26 areas can limit continued loss of agricultural and natural lands;
27 (III) Between 1982 and 2017, Colorado lost over twenty-five
28 percent of its agricultural cropland, according to data from the National
29 Resources Inventory published by the United States department of
30 agriculture, and, over the same time period, the size of urban and built-up
31 areas grew faster than the population by over one hundred percent
32 compared to eighty-three percent;
33 (IV) Encouraging growth in infill locations is an important
34 strategy for minimizing wildfire risk by limiting the growth of households
35 in fire-prone areas; and
36 (V) Between 2012 and 2017, the number of people living in the
37 wildland-urban interface increased by nearly fifty percent according to the
38 Colorado state forest service.
39 (b) Therefore, the general assembly finds, determines and declares
40 that local government land use decisions that limit housing and encourage
41 dispersed low-density development impact local and state government
42 fiscal health and the business community.".
43
44 Renumber succeeding sections accordingly.
45
46 Page 9, after line 21 insert:
47
48 "(2) THEREFORE, THE GENERAL ASSEMBLY DECLARES THAT THE
49 DEVELOPMENT AND USE OF LAND IS A MATTER OF MIXED STATEWIDE AND
50 LOCAL CONCERN.".
51
52 Page 10, strike lines 8 through 11 and substitute:
53
54
1 "(3) "AFFORDABLE HOUSING" MEANS HOUSING FOR WHICH LOW-
2 AND MODERATE-INCOME HOUSEHOLDS DO NOT SPEND MORE THAN THIRTY
3 PERCENT OF THEIR HOUSEHOLD INCOME ON HOUSING COSTS.".
4
5 Page 10, strike lines 14 through 17.
6
7 Renumber succeeding subsections accordingly.
8
9 Page 11, strike lines 19 through 27.
10
11 Page 12, strike lines 1 through 19 and substitute:
12
13 "(9) "DISPLACEMENT" MEANS THE INVOLUNTARY RELOCATION OF
14 LOW-INCOME RESIDENTS DUE TO:
15 (a) INCREASED RENTS OR NEW DEVELOPMENT RESULTING IN A
16 HIGHER AREA MEDIAN INCOME THAN THE CURRENT NEIGHBORHOOD;
17 (b) DISCRIMINATORY POLICIES OR ACTIONS, SUCH AS BANNING
18 TENANTS WITH HOUSING VOUCHERS, ELIMINATING UNITS LARGE ENOUGH
19 FOR HOUSEHOLDS WITH CHILDREN, OR LAND USE OR ZONING THAT FOSTERS
20 A CHANGE IN THE AVERAGE AREA MEDIAN INCOME OF AN AREA;
21 (c) WIDESPREAD DECREASE IN SOCIAL AND CULTURAL
22 COMMUNITY-SERVING BUSINESSES AND ENTITIES;
23 (d) DETERIORATION OF PHYSICAL CONDITIONS THAT RENDER
24 RESIDENCES UNINHABITABLE; OR
25 (e) INCREASED REAL ESTATE PRICES, RENTS, PROPERTY TAXES,
26 NEW DEVELOPMENT INCLUDING AMENITIES, AND OTHER ECONOMIC
27 FACTORS.".
28
29 Page 13, strike lines 9 through 14 and substitute:
30
31 "(14) "HISTORIC DISTRICT" MEANS A DISTRICT ESTABLISHED BY
36 32 LOCAL LAW THAT MEETS THE DEFINITION OF "DISTRICT" SET FORTH IN
33 CFR 60.3 (d).
34 (15) "HISTORIC PROPERTY" MEANS A PROPERTY LISTED ON THE
35 NATIONAL REGISTER OF HISTORIC PLACES, LISTED ON THE COLORADO
36 STATE REGISTER OF HISTORIC PROPERTIES, OR LISTED AS A CONTRIBUTING
37 STRUCTURE OR HISTORIC LANDMARK BY A CERTIFIED LOCAL
38 GOVERNMENT, AS DEFINED IN SECTION 39-22-514.5 (2)(b).
39 (16) "INDUSTRIAL USE" MEANS A BUSINESS USE OR ACTIVITY AT A
40 SCALE GREATER THAN HOME INDUSTRY INVOLVING MANUFACTURING,
41 FABRICATION, ASSEMBLY, WAREHOUSING, OR STORAGE.".
42
43 Renumber succeeding subsections accordingly.
44
45 Page 15, after line 9 insert:
46
47 "(28) "NET DENSITY" MEANS THE NUMBER OF RESIDENTIAL UNITS
48 PER ACRE OF TOTAL RESIDENTIAL LAND AREA, EXCLUDING LAND OCCUPIED
49 BY PUBLIC RIGHTS-OF-WAY AND ANY RECREATIONAL, CIVIC, COMMERCIAL,
50 AND OTHER NONRESIDENTIAL USES.
51 (29) "OBJECTIVE PROCEDURE" MEANS A DEVELOPMENT REVIEW
52 PROCEDURE OR PROCESS THAT DOES NOT INVOLVE A DISCRETIONARY
53 APPROVAL PROCESS.".
54
55 Renumber succeeding subsections accordingly.
1 Page 17, after line 6 insert:
2
3 "(36) "STANDARD EXEMPT PARCEL" MEANS A PARCEL THAT:
4 (a) LIES ENTIRELY OUTSIDE OF AN AREA THAT IS DESIGNATED AS
5 AN URBANIZED AREA BY THE MOST RECENT FEDERAL DECENNIAL CENSUS;
6 (b) IS NOT SERVED BY A DOMESTIC WATER AND SEWAGE
7 TREATMENT SYSTEM, AS DEFINED IN SECTION 24-65.1-104 (5);
8 (c) IS IN AN AGRICULTURAL, FORESTRY, NATURAL RESOURCE
9 PRESERVATION, OR OPEN SPACE ZONING DISTRICT;
10 (d) IS A HISTORIC PROPERTY THAT IS NOT WITHIN A HISTORIC
11 DISTRICT; OR
12 (e) IS IN A FLOODWAY OR IN A ONE HUNDRED YEAR FLOODPLAIN,
13 AS IDENTIFIED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY.".
14
15 Renumber succeeding subsections accordingly.
16
17 Page 19, after line 1 insert:
18
19 "(46) "USE BY RIGHT" MEANS A LAND USE, THE DEVELOPMENT OF
20 WHICH PROCEEDS UNDER OBJECTIVE STANDARDS SET FORTH IN ZONING OR
21 OTHER LOCAL LAWS, AND THAT DOES NOT HAVE A DISCRETIONARY
22 APPROVAL PROCESS.".
23
24 Page 19, line 10, strike "FOURTEEN" and substitute "FIFTEEN".
25
26 Page 19, line 15, strike "OF" and substitute "OR".
27
28 Page 19, after line 21 insert:
29
30 "(VI) THE DIRECTOR OF THE OFFICE OF ECONOMIC DEVELOPMENT,
31 OR THE DIRECTOR'S DESIGNEE;".
32
33 Renumber succeeding subparagraphs accordingly.
34
35 Page 20, line 5, strike "A TIER ONE" and substitute "TIER TWO".
36
37 Page 21, line 5, strike "(3)(a)(I), (3)(a)(II),".
38
39 Page 21, strike lines 6 through 9 and substitute "(3)(a)(VII), (3)(a)(IX),
40 (3)(a)(XI), (3)(a)(XIII), AND (3)(a)(XV) OF THIS SECTION IS TWO YEARS
41 AND THE TERM OF EACH MEMBER INITIALLY APPOINTED PURSUANT TO
42 SUBSECTIONS (3)(a)(VIII), (3)(a)(X), (3)(a)(XII), AND (3)(a)(XIV) IS".
43
44 Page 22, line 4, after "SUBCOMMITTEE," insert "THE TWO MEMBERS OF
45 THE TASK FORCE CONCERNING AFFORDABLE HOUSING AND HOMELESSNESS
46 ESTABLISHED IN SECTION 29-33-118 (1) APPOINTED PURSUANT TO SECTION
47 29-33-118 (2)(b)(II) AND (2)(b)(IV),".
48
49 Page 22, strike lines 5 through 7 and substitute "TEN OTHER MEMBERS AS
50 FOLLOWS:
51 (I) ONE MEMBER WHO IS A STAFF-LEVEL REPRESENTATIVE FROM
52 A COUNTY CONTAINING A RURAL RESORT JOB CENTER, APPOINTED BY THE
53 GOVERNOR;
54
1 (II) TWO MEMBERS WHO ARE STAFF-LEVEL REPRESENTATIVES
2 FROM TWO DIFFERENT RURAL RESORT JOB CENTERS, APPOINTED BY THE
3 PRESIDENT OF THE SENATE;
4 (III) ONE MEMBER WHO HAS A BACKGROUND IN AFFORDABLE
5 HOUSING ADVOCACY WITH EXPERIENCE IN A RURAL RESORT JOB CENTER,
6 APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES;
7 (IV) ONE MEMBER WHO IS A STAFF-LEVEL REPRESENTATIVE FROM
8 A HOUSING AUTHORITY SERVING A RURAL RESORT JOB CENTER, APPOINTED
9 BY THE GOVERNOR;
10 (V) ONE MEMBER WHO HAS A BACKGROUND IN NOT-FOR-PROFIT OR
11 FOR-PROFIT HOUSING DEVELOPMENT IN RURAL RESORT JOB CENTERS,
12 APPOINTED BY THE GOVERNOR;
13 (VI) ONE MEMBER WHO IS A STAFF-LEVEL REPRESENTATIVES FROM
14 UTILITY SERVICE PROVIDERS THAT PROVIDE SERVICES TO RURAL RESORT
15 JOB CENTERS, INCLUDING BUT NOT LIMITED TO WATER, WASTEWATER, AND
16 ELECTRIC UTILITIES, APPOINTED BY THE MINORITY LEADER OF THE SENATE;
17 (VII) ONE MEMBER WHO IS A STAFF-LEVEL REPRESENTATIVE FROM
18 UTILITY SERVICE PROVIDERS THAT PROVIDE SERVICES TO RURAL RESORT
19 JOB CENTERS, INCLUDING BUT NOT LIMITED TO WATER, WASTEWATER, AND
20 ELECTRIC UTILITIES, APPOINTED BY THE MINORITY LEADER OF THE HOUSE
21 OF REPRESENTATIVES;
22 (VIII) ONE MEMBER WHO IS A STAFF-LEVEL REPRESENTATIVE
23 FROM A TRANSIT AGENCY THAT PROVIDES SERVICES TO A RURAL RESORT
24 JOB CENTER OR THAT WORKS AS A TRANSPORTATION PLANNER IN A RURAL
25 RESORT JOB CENTER, APPOINTED BY THE GOVERNOR; AND
26 (IX) ONE MEMBER WHO IS A RECREATION INDUSTRY EMPLOYER,
27 HOSPITALITY INDUSTRY EMPLOYER, OR OTHER EMPLOYER WHO EMPLOYS
28 AT LEAST SEVENTY-FIVE EMPLOYEES WHO WORK IN RURAL RESORT JOB
29 CENTERS, APPOINTED BY THE GOVERNOR.".
30
31 Page 22, strike lines 14 through 16 and substitute "AREA JOB CENTER
32 MUNICIPALITIES, ALLOW AT LEAST A SIXTY-DAY PUBLIC COMMENT PERIOD,
33 AND

Senate Journal, April 19
Amend printed bill, page 3, strike lines 19 and 20.

Renumber succeeding section accordingly.

As amended, ordered engrossed and placed on the calendar for third reading and final
passage.

Senate Journal, April 14
Amend printed bill, page 2, strike lines 2 through 21.

Page 3, strike lines 1 through 15.

Renumber succeeding sections accordingly.

Page 4, strike lines 2 through 5 and substitute:

"(g) THIACLOPRID; OR
(h) THIAMETHOXAM.".

Page 4, line 8, after "commissioner -" insert "exemptions -".

Page 4, strike lines 10 through 27.

Page 5, strike line 1 and substitute "ADOPT RULES REQUIRING NEONICOTINOID
PESTICIDES TO BE DESIGNATED AS LIMITED-USE PESTICIDES.
(b) ON OR BEFORE JULY 1, 2024, THE COMMISSIONER SHALL ADOPT
RULES REQUIRING NEONICOTINOID PESTICIDES TO BE SOLD ONLY BY DEALERS
LICENSED PURSUANT TO SECTION 35-9-114.
(c) SUBSECTIONS (7)(a) AND (7)(b) OF THIS SECTION, AND RULES THAT
THE COMMISSIONER ADOPTS PURSUANT TO THOSE SUBSECTIONS, DO NOT APPLY
TO PESTICIDE PRODUCTS CONTAINING NEONICOTINOID ACTIVE INGREDIENTS
THAT:
(I) ARE USED IN ACADEMIC RESEARCH; OR
(II) FOR WHICH THE PRODUCT LABEL INCLUDES ONE OR MORE OF THE
FOLLOWING INTENDED USES:
(A) AS A PET CARE PRODUCT;
(B) AS A VETERINARY PRODUCT USED BY A VETERINARIAN LICENSED
PURSUANT TO ARTICLE 315 OF TITLE 12 AS PART OF THE VETERINARIAN'S
LICENSED PRACTICE;
(C) AS AN INDOOR OR PERSONAL CARE PRODUCT USED FOR
PREVENTING, DESTROYING, REPELLING, OR MITIGATING LICE OR BEDBUGS;
(D) AS A PRODUCT USED IN STRUCTURAL INSULATION; OR
(E) AS A PRESERVED WOOD PRODUCT OR PRODUCT USED IN THE
MANUFACTURING OF WOOD PRESERVATIVES.".

House Journal, April 26
36 Amend reengrossed bill, page 3, strike lines 17 through 21 and substitute:
37
38 "(C) AS AN INDOOR PEST CONTROL PRODUCT;
39 (D) AS A PERSONAL CARE PRODUCT USED FOR PREVENTING,
40 DESTROYING, REPELLING, OR MITIGATING LICE;
41 (E) AS A PRODUCT USED IN STRUCTURAL INSULATION;
42 (F) AS A PRESERVED WOOD PRODUCT OR PRODUCT USED IN THE
43 MANUFACTURING OF WOOD PRESERVATIVES;
44 (G) AS A BAIT PRODUCT, INCLUDING, BUT NOT LIMITED TO, BAIT
45 STATION TRAPS AND SCATTER BAIT; OR
46 (H) AS AN INSECT STRIP.".
47
48 As amended, ordered revised and placed on the Calendar for Third
49 Reading and Final Passage.

Senate Journal, April 12
Amend printed bill, page 2, line 8, strike "was" and substitute "was IS".

Page 2, line 15, strike "submitted" and substitute "approved".