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