Calendar Notification of Your Bill Dossier

Bill HB24-1007 - NOT ON CALENDAR

Bill HB24-1008 - NOT ON CALENDAR

Bill HB24-1062 - NOT ON CALENDAR

Bill HB24-1083 - NOT ON CALENDAR

Bill HB24-1091 - NOT ON CALENDAR

Bill HB24-1178 - NOT ON CALENDAR

Bill HB24-1300 - NOT ON CALENDAR

Bill HB24-1313 - NOT ON CALENDAR

Bill HB24-1362 - NOT ON CALENDAR

Bill HB24-1379 - NOT ON CALENDAR

Bill SB24-005 - NOT ON CALENDAR

Bill SB24-014 - NOT ON CALENDAR

Bill SB24-031 - NOT ON CALENDAR

Bill SB24-037 - NOT ON CALENDAR

Bill SB24-058 - NOT ON CALENDAR

Bill SB24-081 - NOT ON CALENDAR

Bill SB24-092 - NOT ON CALENDAR

Bill SB24-096 - NOT ON CALENDAR

Bill SB24-179 - NOT ON CALENDAR


BILL HB24-1007



Short Title: Prohibit Residential Occupancy Limits
Sponsors: M. Rutinel (D) | J. Mabrey (D) / T. Exum (D) | J. Gonzales (D)

The act prohibits counties, cities and counties, and municipalities from limiting the number of people who may live together in a single dwelling based on familial relationship, while allowing local governments to implement residential occupancy limits based only on:

APPROVED by Governor April 15, 2024

EFFECTIVE July 1, 2024
(Note: This summary applies to this bill as enacted.)



Status
1/10/2024 Introduced In House - Assigned to Transportation, Housing & Local Government
1/30/2024 House Committee on Transportation, Housing & Local Government Refer Amended to House Committee of the Whole
2/2/2024 House Second Reading Special Order - Passed with Amendments - Committee
2/5/2024 House Third Reading Laid Over Daily - No Amendments
2/6/2024 House Third Reading Laid Over to 02/09/2024 - No Amendments
2/9/2024 House Third Reading Passed - No Amendments
2/12/2024 Introduced In Senate - Assigned to Local Government & Housing
3/12/2024 Senate Committee on Local Government & Housing Refer Amended to Senate Committee of the Whole
3/18/2024 Senate Second Reading Passed with Amendments - Floor
3/19/2024 Senate Third Reading Passed - No Amendments
3/20/2024 House Considered Senate Amendments - Result was to Laid Over Daily
3/28/2024 House Considered Senate Amendments - Result was to Concur - Repass
4/8/2024 Signed by the Speaker of the House
4/9/2024 Signed by the President of the Senate
4/10/2024 Sent to the Governor
4/15/2024 Governor Signed

Amendment

House Journal, January 31
5 HB24-1007 be amended as follows, and as so amended, be referred to
6 the Committee of the Whole with favorable
7 recommendation:
8
9 Amend printed bill, page 2, line 3, after "limits -" add "short title -".
10
11 Page 2, line 4, strike "THE GENERAL ASSEMBLY FINDS" and substitute:
12
13 "THE SHORT TITLE OF THIS SECTION IS THE "HOME (HARMONIZING
14 OCCUPANCY MEASURES EQUITABLY) ACT."
15 (2) THE GENERAL ASSEMBLY FINDS".
16
17 Page 2, after line 7 insert:
18
19 "(3) THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES
20 THAT:
21 (a) THE GENERAL ASSEMBLY AIMS TO ENCOURAGE DENSER LIVING
22 ARRANGEMENTS, RECOGNIZING THEIR MULTIPLE SOCIETAL, ECONOMIC,
23 AND ENVIRONMENTAL BENEFITS. IT THEREFORE SEEKS TO LIMIT THE
24 ABILITY OF LOCAL GOVERNMENTS TO IMPOSE ARBITRARY OCCUPANCY
25 LIMITS THAT DO NOT ALIGN WITH THESE PRINCIPLES.
26 (b) CERTAIN ARBITRARY OCCUPANCY LIMITS RESTRICT HOUSING
27 AVAILABILITY FOR COLORADANS. REDUCING THESE BARRIERS CAN
28 INCREASE AFFORDABLE HOUSING OPTIONS THROUGHOUT THE STATE.
29 THEREFORE, IT IS NECESSARY TO MANDATE THAT ANY RESIDENTIAL
30 OCCUPANCY LIMITS WITHIN COLORADO BE DETERMINED BASED SOLELY ON
31 HEALTH AND SAFETY CONSIDERATIONS, AS DICTATED BY NATIONALLY
32 RECOGNIZED STANDARDS.
33 (4) THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT
34 THE OBJECTIVES OF THIS SECTION ARE AS FOLLOWS:
35 (a) TO INCREASE THE AVAILABILITY OF AFFORDABLE HOUSING
36 OPTIONS, WHICH WILL BE ACCOMPLISHED BY ALLOWING MORE
37 INDIVIDUALS TO LEGALLY SHARE LIVING SPACES, PARTICULARLY IN AREAS
38 WITH HIGH HOUSING COSTS;
39 (b) TO ENHANCE ECONOMIC ACTIVITY, WHICH WILL BE
40 ACCOMPLISHED BY PROMOTING INCREASED OCCUPANCY IN RESIDENTIAL
41 AREAS AND THEREBY SUPPORTING BUSINESSES AND SERVICES IN THOSE
42 COMMUNITIES;
43 (c) TO REDUCE HOUSING DISCRIMINATION, THEREBY ENSURING
44 THAT ALL INDIVIDUALS, REGARDLESS OF THEIR HOUSEHOLD COMPOSITION,
45 ARE AFFORDED EQUAL ACCESS TO HOUSING;
46 (d) TO ENCOURAGE MORE EFFICIENT USE OF HOUSING AND
47 RESOURCES, THEREBY REDUCING THE PER CAPITA ENVIRONMENTAL
48 FOOTPRINT OF HOUSEHOLDS, WHICH ALIGNS WITH COLORADO'S
49 COMMITMENT TO ENVIRONMENTAL SUSTAINABILITY; AND
50 (e) TO MITIGATE LONELINESS AND SOCIAL ISOLATION AND
51 PROMOTE A SENSE OF BELONGING AND COMMUNITY COHESION BY
52 ENCOURAGING LIVING ARRANGEMENTS THAT FOSTER COMMUNITY AND
53 SOCIAL CONNECTIONS.".
54
55 Renumber succeeding subsections accordingly.
56
1 Amend printed bill, page 2, line 9, strike "DWELLING, REGARDLESS OF".
2
3 Page 2, strike lines 10 through 12 and substitute "DWELLING BASED ON
4 FAMILIAL RELATIONSHIP. LOCAL GOVERNMENTS RETAIN THE AUTHORITY
5 TO IMPLEMENT RESIDENTIAL OCCUPANCY LIMITS BASED ONLY ON
6 DEMONSTRATED HEALTH AND SAFETY STANDARDS, SUCH AS
7 INTERNATIONAL BUILDING CODE STANDARDS, FIRE CODE REGULATIONS, OR
8 COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
9 WASTEWATER AND WATER QUALITY STANDARDS.".
10
11 Page 2, lines 14 and 15, strike "COUNTY, TOWN, TERRITORIAL CHARTER
12 CITY, OR CITY AND COUNTY." and substitute "HOME RULE OR STATUTORY
13 COUNTY, TOWN, TERRITORIAL CHARTER CITY, OR CITY AND COUNTY.".
14
15 Amend printed bill, page 2, after line 15 insert:
16
17 "SECTION 2. Effective date. This act takes effect July 1, 2024.".
18
19 Renumber succeeding section accordingly.

Senate Journal, March 13
After consideration on the merits, the Committee recommends that HB24-1007 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 3, lines 20 and 21, strike "ON DEMONSTRATED"
and substitute:

"ON:
(a) DEMONSTRATED".

Page 3, line 24, strike "STANDARDS." and substitute:

"STANDARDS; OR
(b) LOCAL, STATE, FEDERAL, OR POLITICAL SUBDIVISION AFFORDABLE
HOUSING PROGRAM GUIDELINES.".


Senate Journal, March 18
HB24-1007 by Representative(s) Rutinel and Mabrey; also Senator(s) Exum and Gonzales--Concerning
residential occupancy limits.

Amendment No. 1, Local Government & Housing Committee Amendment.
(Printed in Senate Journal, March 13, page(s) 477 and placed in members' bill files.)

Amendment No. 2(L.021), by Senator Gonzales.

Amend reengrossed bill, page 2, strike lines 10 through 27.

Page 3, strike lines 1 through 16.

Renumber succeeding subsections accordingly.

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


Senate Journal, March 18
HB24-1007 by Representative(s) Rutinel and Mabrey; also Senator(s) Exum and Gonzales--Concerning
residential occupancy limits.

Senator Pelton R. moved to amend the Report of the Committee of the Whole to show
that the following Lundeen floor amendment, (L.016) to HB24-1007, did pass.

Amend reengrossed bill, page 2, line 20, strike "based solely" and substitute
"based, in part,".

Page 3, line 20, strike "based only" and substitute "based, in part,".

Less than a majority of all members elected to the Senate having voted in the affirmative,
the amendment to the report of the Committee of the Whole was lost on the following roll
call vote:

YES 17 NO 18 EXCUSED 0 ABSENT 0
Baisley Y Ginal Y Marchman N Simpson Y
Bridges Y Gonzales N Michaelson N Smallwood Y
Buckner N Hansen N Mullica N Sullivan N
Coleman Y Hinrichsen N Pelton B. Y Van Winkle Y
Cutter N Jaquez N Pelton R. Y Will Y
Danielson N Kirkmeyer Y Priola N Winter F. N
Exum N Kolker N Rich Y Zenzinger Y
Fields N Liston Y Roberts N President Y
Gardner Y Lundeen Y Rodriguez N




BILL HB24-1008


Short Title: Wage Claims Construction Industry Contractors
Sponsors: M. Duran (D) | M. Froelich (D) / J. Danielson (D) | C. Kolker (D)

For wage claims brought by individuals working in the construction industry, the act:

Unless a wage violation is caused by the general contractor's lack of payment to a subcontractor, the general contractor may seek indemnification from the subcontractor for all amounts owed by the general contractor for the subcontractor's wage violation.

VETOED by Governor May 17, 2024
(Note: This summary applies to this bill as enacted.)



Status
1/10/2024 Introduced In House - Assigned to Business Affairs & Labor
2/8/2024 House Committee on Business Affairs & Labor Refer Amended to Appropriations
4/17/2024 House Committee on Appropriations Refer Amended to House Committee of the Whole
4/18/2024 House Second Reading Special Order - Passed with Amendments - Committee
4/19/2024 House Third Reading Passed - No Amendments
4/25/2024 Introduced In Senate - Assigned to Business, Labor, & Technology
4/30/2024 Senate Committee on Business, Labor, & Technology Refer Unamended to Appropriations
5/3/2024 Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
5/3/2024 Senate Second Reading Special Order - Laid Over to 05/04/2024 - No Amendments
5/4/2024 Senate Second Reading Special Order - Passed - No Amendments
5/7/2024 Senate Third Reading Passed - No Amendments
5/13/2024 Signed by the President of the Senate
5/13/2024 Signed by the Speaker of the House
5/14/2024 Sent to the Governor
5/17/2024 Governor Vetoed

Amendment

House Journal, February 9
20 HB24-1008 be amended as follows, and as so amended, be referred to
21 the Committee on Appropriations with favorable
22 recommendation:
23
24 Amend printed bill, page 2, after line 1 insert:
25
26 "SECTION 1. Legislative declaration. (1) The general
27 assembly finds and declares that:
28 (a) Wage theft, the failure to pay an employee the employee's
29 legally earned wages, is the largest form of theft in the United States, and
30 the Colorado Fiscal Institute estimates that wage theft transfers nearly
31 $728 million dollars to employers from the pockets of approximately
32 438,260 Colorado workers each year. Minor workers, women, and
33 workers of color are disproportionately impacted by wage theft.
34 (b) Wage theft not only affects Coloradans' ability to pay rent and
35 put food on the table, but it also denies our state and local governments
36 between $25 million and $42 million in revenue each year;
37 (c) To combat wage theft, the state must keep up with changes in
38 the marketplace. One of the most significant changes involves the
39 increasing use of labor market intermediaries to directly employ workers.
40 Too often, this fissuring of the labor market is used to outsource an
41 employer's responsibility to workers required by labor and employment
42 laws.
43 (d) Construction is an industry with extraordinary labor market
44 fissuring, with layers upon layers of contractors, subcontractors, labor
45 brokers, staffing agencies, etc. This incentivizes wage theft by favoring
46 inexpensive subcontractors. It also creates barriers to wage recovery
47 because undercapitalized subcontractors can't or won't pay wages.
48 (e) Due in part to these practices, workers in the construction
49 industry are disproportionately likely to experience wage theft. Federal
50 Department of Labor, Wage and Hour Division data show that Colorado's
51 construction industry has double the number of wage theft violations that
52 it should have in proportion to the number of workers in the industry.
53 This is consistent with Colorado Department of Labor and Employment
54 data showing that while only 7% of Colorado workers are in construction,
55 construction workers make up 17% of administrative wage theft
56 complaints that are found valid after a full agency investigation.
1 (f) Federal data also show that in fiscal years 2022 and 2023, the
2 construction industry saw the highest dollar amount of wage theft of any
3 industry, totaling over $35 million in federal fiscal year 2023 alone. In
4 addition, the construction industry has among the highest number of
5 individual workers who are victims of wage theft.
6 (g) To effectively combat wage theft in the construction industry,
7 the state needs a tailored solution to ensure not only that workers have
8 substantive legal protection against wage theft, but also that the state has
9 the right alignment of business incentives to prevent wage theft before it
10 happens and the right access to capital to ensure that workers can recover
11 stolen wages;
12 (h) Creating general contractor accountability for wage theft
13 committed on their projects by a subcontractor at any tier provides such
14 a tailored solution. Such accountability will enlist general contractors in
15 the fight against wage theft, incentivize engagement with law-abiding
16 subcontractors who pay their workers correctly, and encourage general
17 contractors to root out bad actors who underbid for contracts knowing
18 they will make up the difference by denying their workers the wages they
19 earned.
20 (i) While creating general contractor liability for wage claims, this
21 act will also ensure that general contractors can efficiently seek
22 reimbursement from subcontractor employers for any amounts paid out
23 for wage claims owed to the subcontractors' employees. In this way, the
24 act will ensure that workers get paid, but will not leave general
25 contractors on the hook for a subcontractor's wage debts.
26 (j) This act narrowly focuses on general contractor liability for
27 wage debts owed to the workers on their projects who were engaged by
28 the general contractor's subcontractors at any tier. Such liability does not
29 extend to wage debts owed to the workers of general contractor suppliers
30 or other business partners. Also, liability for debts owed based on a wage
31 claim or investigation does not include liability for a subcontractor's
32 retaliatory acts.
33 (k) This act does not alter the division of labor standards and
34 statistics' existing obligation to treat a notice of citation or a notice of
35 assessment issued to an employer for a violation of wage law as a public
36 record pursuant to section 8-1-115 (1)(b), Colorado Revised Statutes, and
37 does not require the additional publication of a notice of citation or a
38 notice of assessment issued to a general contractor that is not the
39 employer of an employee who is the victim of wage theft;
40 (l) With this act, Colorado hopes not only to ensure that workers
41 get paid their legally earned wages, but also to partner with the many
42 general contractors who are abiding by the law and want to ensure all
43 workers on their job sites are paid in full and on time; and
44 (m) Therefore, the general assembly declares that wage theft is an
45 unacceptable business practice, and the state should use or adopt all
46 available tools to prevent wage theft before it happens and give workers
47 the means to recover stolen wages.".
48
49 Renumber succeeding sections accordingly.
50
51 Page 3, strike line 2 and substitute "SUBCONTRACTOR, IF SUCH CONTRACT
52 RELATES TO REAL PROPERTY OTHER THAN PROPERTY FOR WHICH THE
2 53 OWNER COULD CLAIM THE HOMESTEAD EXEMPTION PURSUANT TO PART
54 OF ARTICLE 41 OF TITLE 38.".
55
56
1 Page 4, strike lines 7 through 26 and substitute "in the construction
2 industry. (1) (a) A GENERAL CONTRACTOR ENTERING INTO A
3 CONSTRUCTION CONTRACT IN THIS STATE IS LIABLE FOR ALL AMOUNTS
4 OWED TO AN EMPLOYEE PURSUANT TO THIS ARTICLE 4 OR ARTICLE 6 OF
5 THIS TITLE 8 FOR THE EMPLOYEE'S LABOR, CONSTRUCTION, OR OTHER
6 WORK INCLUDED WITHIN THE SCOPE OF THE CONSTRUCTION CONTRACT,
7 INCLUDING AMOUNTS OWED BY A SUBCONTRACTOR AT ANY TIER ACTING
8 UNDER, BY, OR FOR THE GENERAL CONTRACTOR OR THE GENERAL
9 CONTRACTOR'S SUBCONTRACTORS.
10 (b) THE GENERAL CONTRACTOR'S RESPONSIBILITY UNDER
11 SUBSECTION (1)(a) OF THIS SECTION DOES NOT EXTEND TO DAMAGES
12 OWED FOR RETALIATION COMMITTED BY A SUBCONTRACTOR PURSUANT TO
13 SECTION 8-4-120 (3).
14 (2) UNLESS THE VIOLATION IS CAUSED BY THE GENERAL
15 CONTRACTOR'S LACK OF PAYMENT TO THE SUBCONTRACTOR IN
16 ACCORDANCE WITH THE TERMS OF THE CONTRACT BETWEEN THE GENERAL
17 CONTRACTOR AND THE SUBCONTRACTOR:
18 (a) A SUBCONTRACTOR EMPLOYER SHALL INDEMNIFY THE
19 GENERAL CONTRACTOR FOR:
20 (I) ALL AMOUNTS OWED BY THE GENERAL CONTRACTOR PURSUANT
21 TO SUBSECTION (1) OF THIS SECTION DUE TO THE SUBCONTRACTOR'S
22 VIOLATION OF THIS ARTICLE 4 OR ARTICLE 6 OF THIS TITLE 8; AND
23 (II) ALL ATTORNEY FEES PAID BY THE GENERAL CONTRACTOR TO
24 DEFEND AGAINST LIABILITY FOR SUBCONTRACTOR VIOLATIONS OF THIS
25 ARTICLE 4 OR ARTICLE 6 OF THIS TITLE 8;
26 (b) A GENERAL CONTRACTOR MAY BRING A CROSSCLAIM FOR
27 INDEMNIFICATION AGAINST THE SUBCONTRACTOR EMPLOYER IN ANY
28 ACTION RELATED TO THE WAGE CLAIM.
29 (3) A SUBCONTRACTOR'S FAILURE TO INDEMNIFY THE GENERAL
30 CONTRACTOR IS NOT A DEFENSE TO ANY ACTION BROUGHT AGAINST THE
31 GENERAL CONTRACTOR PURSUANT TO SUBSECTION (1) OF THIS SECTION.".
32
33 Renumber succeeding subsections accordingly.
34
35 Page 6, strike line 10 and substitute:
36
37 "(II) CONTAINS A GRIEVANCE PROCEDURE THAT RESULTS IN A
38 FINAL AND BINDING DECISION;
39 (III) MAY BE USED TO RECOVER UNPAID WAGES ON BEHALF OF
40 EMPLOYEES COVERED BY THE AGREEMENT;
41 (IV) PROVIDES FOR THE COLLECTION OF UNPAID CONTRIBUTIONS
42 TO FRINGE BENEFIT TRUST FUNDS ESTABLISHED PURSUANT TO 29 U.S.C.
43 SEC. 186 (c)(5) AND (c)(6), BY OR ON BEHALF OF SUCH TRUST FUNDS;
44 AND".
45
46 Renumber succeeding subparagraph accordingly.
47
48 Page 6, strike lines 13 through 20 and substitute:
49
50 "SECTION 5. Act subject to petition - effective date -
51 applicability. (1) This act takes effect July 1, 2025; except that, if a
52 referendum petition is filed pursuant to section 1 (3) of article V of the
53 state constitution against this act or an item, section, or part of this act
54 within the ninety-day period after final adjournment of the general
55 assembly, then the act, item, section, or part will not take effect unless
56 approved by the people at the general election to be held in November
1 2024 and, in such case, will take effect July 1, 2025, or on the date of the
2 official declaration of the vote thereon by the governor, whichever is
3 later.
4 (2) This act applies to wage claims brought and investigations
5 commenced on or after the applicable effective date of this act.".
6

House Journal, April 16
32 HB24-1008 be amended as follows, and as so amended, be referred to
33 the Committee of the Whole with favorable
34 recommendation:
35
36 Amend printed bill, page 6, after line 12 insert:
37
38 "SECTION 4. Appropriation. (1) For the 2024-25 state fiscal
39 year, $55,179 is appropriated to the department of labor and employment
40 for use by the division of labor standards and statistics. This appropriation
41 is from the general fund. To implement this act, the division may use this
42 appropriation for program costs related to labor standards. This amount
5 43 is based on an assumption that the division will require an additional 0.
44 FTE.
45 (2) For the 2024-25 state fiscal year, $44,807 is appropriated to
46 the department of personnel for use by the executive director's office.
47 This appropriation is from the general fund. To implement this act, the
48 department may use this appropriation for the purchase of legal services.
49 (3) For the 2024-25 state fiscal year, $44,807 is appropriated to
50 the department of law. This appropriation is from reappropriated funds
51 received from the department of personnel under subsection (2) of this
52 section and is based on an assumption that the department of law will
53 require an additional 0.2 FTE. To implement this act, the department of
54 law may use this appropriation to provide legal services for the
55 department of personnel.".
56
1 Renumber succeeding sections accordingly.
2
3 Page 1, line 103, strike "INDUSTRY." and substitute "INDUSTRY, AND, IN
4 CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
5
6




BILL HB24-1062


Short Title: Warrants for Metro Sewage Disposal Districts
Sponsors: G. Evans (R) | B. Titone (D) / K. Priola (D) | B. Gardner (R)

To protect public health and the environment, a metropolitan sewage disposal district (district) is required to ensure that wastewater generated by local businesses is properly treated pursuant to the industrial pretreatment program (program) approved by the environmental protection agency. This requires district inspectors to inspect certain properties to investigate actual, suspected, or potential violations of the program. Under current law, the boundaries of a district may exist within multiple municipal and county lines, which makes it challenging for the district to obtain administrative inspection warrants when property owners deny district inspectors entry to a property. The act allows authorized inspectors of a district to enter and inspect, in a reasonable time and manner, any property for the purpose of investigating any violations of the program. If an inspection is denied, the act authorizes a district to obtain a warrant from the district court or county court upon a proper showing of the need for entry and inspection.

APPROVED by Governor April 17, 2024

EFFECTIVE August 7, 2024
(Note: This summary applies to this bill as enacted.)



Status
1/10/2024 Introduced In House - Assigned to Energy & Environment
2/1/2024 House Committee on Energy & Environment Refer Unamended to House Committee of the Whole
2/5/2024 House Second Reading Special Order - Passed - No Amendments
2/6/2024 House Third Reading Passed - No Amendments
2/7/2024 Introduced In Senate - Assigned to Local Government & Housing
3/19/2024 Senate Committee on Local Government & Housing Refer Unamended to Senate Committee of the Whole
3/22/2024 Senate Second Reading Passed - No Amendments
3/25/2024 Senate Third Reading Passed - No Amendments
4/8/2024 Signed by the Speaker of the House
4/9/2024 Signed by the President of the Senate
4/10/2024 Sent to the Governor
4/17/2024 Governor Signed


BILL HB24-1083


Short Title: Construction Professional Insurance Coverage Transparency
Sponsors: J. Willford (D) | K. Brown (D) / L. Cutter (D)

The bill requires the division of insurance (division) to conduct or cause to be conducted a study of construction liability insurance for construction professionals in Colorado. The study must identify the following:

The bill requires that, at least 14 days prior to closing the sale of a new residence, the seller of the residence provide the purchaser and the county clerk and recorder's office for the county where the new residence is located with information regarding the insurance coverage for the property subject to the sale, including:



Status
1/10/2024 Introduced In House - Assigned to Business Affairs & Labor
1/25/2024 House Committee on Business Affairs & Labor Refer Amended to Appropriations
5/14/2024 House Committee on Appropriations Lay Over Unamended - Amendment(s) Failed

Amendment

House Journal, January 26
49 HB24-1083 be amended as follows, and as so amended, be referred to
50 the Committee on Appropriations with favorable
51 recommendation:
52
53 Amend printed bill, page 2, line 4, strike "Construction" and substitute
54 "Residential construction".
55
1 Page 2, strike lines 7 and 8.
2
3 Reletter succeeding paragraphs accordingly.
4
5 Page 2, after line 11 insert:
6
7 "(b) "RESIDENTIAL CONSTRUCTION LIABILITY POLICY" MEANS AN
8 INSURANCE POLICY, INCLUDING A COMMERCIAL GENERAL LIABILITY
9 POLICY, AN ERRORS AND OMISSIONS POLICY, A DIRECTORS AND OFFICERS
10 POLICY, A CONTRACTOR-CONTROLLED INSURANCE PROGRAM, AN
11 OWNER-CONTROLLED INSURANCE PROGRAM, OR ANY OTHER INSURANCE
12 POLICY, WHETHER UNDERLYING, EXCESS, OR UMBRELLA, THAT MAY COVER
13 OCCURRENCES OF DAMAGE OR INJURY DURING THE POLICY PERIOD AND
14 THAT MAY INSURE A CONSTRUCTION PROFESSIONAL FOR LIABILITY ARISING
15 FROM RESIDENTIAL CONSTRUCTION-RELATED WORK, INCLUDING:
16 (I) WHEN A CONSTRUCTION PROFESSIONAL MAY BE ENTITLED TO
17 A DEFENSE OR INDEMNITY AS AN ADDITIONAL INSURED UNDER ANOTHER
18 CONSTRUCTION PROFESSIONAL'S LIABILITY INSURANCE POLICY; OR
19 (II) WHEN A CONSTRUCTION PROFESSIONAL MAY BE ENTITLED TO
20 A DEFENSE OR INDEMNITY AS AN ENROLLED CONSTRUCTION PROFESSIONAL
21 UNDER AN OWNER-CONTROLLED INSURANCE PROGRAM OR A
22 CONTRACTOR-CONTROLLED INSURANCE PROGRAM.".
23
24 Reletter succeeding paragraphs accordingly.
25
26 Page 2, line 12, strike "HAS THE MEANING SET FORTH IN", and substitute
27 "MEANS A MULTIFAMILY RESIDENTIAL PROJECT, INCLUDING PROJECTS
28 WITH MORE THAN TWO ADJOINED UNITS OFFERED FOR INDIVIDUAL SALE.".
29
30 Page 2, strike line 13.
31
32 Page 3, line 1, before "CONSTRUCTION" insert "RESIDENTIAL".
33
34 Page 3, line 4, before "CONSTRUCTION" insert "RESIDENTIAL PROPERTY
35 DEVELOPERS'".
36
37 Page 3, line 6, strike "AT A MINIMUM:" and substitute "TO THE EXTENT
38 POSSIBLE:".
39
40 Page 3, line 7, before "CONSTRUCTION" insert "RESIDENTIAL".
41
42 Page 3, line 10, before "CONSTRUCTION" insert "RESIDENTIAL".
43
44 Page 3, line 11, strike "FIVE" and substitute "THREE".
45
46 Page 3, line 12, strike "FACTORS, CLASSIFICATIONS," and substitute
47 "CLASSIFICATIONS, LOSS COST MULTIPLIERS,".
48
49 Page 3, line 13, before "CONSTRUCTION" insert "RESIDENTIAL".
50
51 Page 3, line 17, after "PROJECTS;" add "AND".
52
53 Page 3, strike lines 18 and 19.
54
55 Reletter succeeding paragraphs accordingly.
1 Page 3, line 21, before "CONSTRUCTION" insert "RESIDENTIAL".
2
3 Page 3, line 26, strike "PROGRAM; AND" and substitute "PROGRAM.".
4
5 Page 3, strike line 27.
6
7 Page 4, strike line 1.
8
9 Page 4, line 5, strike "ON OR BEFORE DECEMBER 31, 2026," and substitute
10 "WITHIN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION,".
11
12 Page 4, line 6, strike "STUDY, INCLUDING THE COMMISSIONER'S FINDINGS
13 AND" and substitute "STUDY".
14
15 Page 4, strike lines 7 and 8.
16
17 Page 4, line 9, strike "APPROPRIATE,".
18
19 Page 4, after line 19 insert:
20
21 "(7) THE COMMISSIONER IS NOT REQUIRED TO COMPLY WITH THE
22 "PROCUREMENT CODE", ARTICLES 101 TO 112 OF TITLE 24, FOR THE
23 PURPOSES OF THIS SECTION.".
24
25 Renumber succeeding subsection accordingly.
26
27 Page 4, strike lines 21 through 27.
28
29 Strike pages 5 and 6.
30
31 Page 7, strike lines 1 through 23.
32
33 Renumber succeeding section accordingly.




BILL HB24-1091


Short Title: Fire-Hardened Building Materials in Real Property
Sponsors: K. Brown (D) | B. Titone (D) / L. Cutter (D) | S. Jaquez Lewis (D)

The act generally prohibits covenants and other restrictions that disallow the installation, use, or maintenance of fire-hardened building materials in residential real property, including in common interest communities. However, the act allows a unit owners' association of a common interest community to develop reasonable standards regarding the design, dimensions, placement, or external appearance of fire-hardened building materials used for fencing within the community.

APPROVED by Governor March 12, 2024

EFFECTIVE March 12, 2024
(Note: This summary applies to this bill as enacted.)



Status
1/22/2024 Introduced In House - Assigned to Transportation, Housing & Local Government
1/31/2024 House Committee on Transportation, Housing & Local Government Refer Amended to House Committee of the Whole
2/2/2024 House Second Reading Special Order - Passed with Amendments - Committee
2/5/2024 House Third Reading Passed - No Amendments
2/7/2024 Introduced In Senate - Assigned to Local Government & Housing
2/20/2024 Senate Committee on Local Government & Housing Refer Unamended to Senate Committee of the Whole
2/22/2024 Senate Second Reading Passed - No Amendments
2/23/2024 Senate Third Reading Passed - No Amendments
3/4/2024 Signed by the Speaker of the House
3/4/2024 Signed by the President of the Senate
3/5/2024 Sent to the Governor
3/12/2024 Governor Signed

Amendment

House Journal, February 1
1 HB24-1091 be amended as follows, and as so amended, be referred to
2 the Committee of the Whole with favorable
3 recommendation:
4
5 Amend printed bill, page 2, line 9, before "EFFECTIVELY" insert
6 "EXPLICITLY OR".
7
8 Page 5, line 15, strike "2021" and substitute "MOST RECENT VERSION OF
9 THE".
10
11 Page 5, line 18, before "VERSION" insert "MOST RECENT".
12
13 Page 5, strike lines 19 and 20 and substitute "WILDLAND FIRE
14 PROTECTION", AND THE CRITERIA FOR REDUCING STRUCTURE IGNITION".
15
16 Page 5, line 21, before "VERSION" insert "MOST RECENT".
17
18 Page 5, strike line 23 and substitute "FIRE"; OR".




BILL HB24-1178


Short Title: Local Government Authority to Regulate Pesticides
Sponsors: C. Kipp (D) | M. Froelich (D) / L. Cutter (D) | S. Jaquez Lewis (D)

Current law prohibits a local government from creating laws that regulate the use of pesticides by pesticide applicators regulated by state or federal law. The bill allows a local government to create and enforce laws regulating the sale or use of pesticides to protect the health and safety of the community with certain exceptions.


(Note: This summary applies to this bill as introduced.)



Status
2/1/2024 Introduced In House - Assigned to Energy & Environment
2/15/2024 House Committee on Energy & Environment Refer Amended to Appropriations
3/15/2024 House Committee on Appropriations Refer Unamended to House Committee of the Whole
3/19/2024 House Second Reading Laid Over Daily - No Amendments
4/12/2024 House Second Reading Laid Over to 04/14/2024 - No Amendments
5/6/2024 House Second Reading Special Order - Laid Over to 05/09/2024 - No Amendments

Amendment

House Journal, February 16
32 HB24-1178 be amended as follows, and as so amended, be referred to
33 the Committee on Appropriations with favorable
34 recommendation:
35
36 Amend printed bill, page 3, line 27, after "CONVEYANCE" insert "OR
37 APPURTENANT FACILITIES" and strike "SUPPLIES" and substitute "SUPPLY".
38
39 Page 4, line 9, strike "OR".
40
41 Page 4, line 10, strike "MARIJUANA." and substitute "MARIJUANA; OR
42 (VII) FOR PROPERTY, LANDS, AND WATERS OWNED OR MANAGED,
43 IN WHOLE OR IN PART, BY THE PARKS AND WILDLIFE COMMISSION OR THE
44 DIVISION OF PARKS AND WILDLIFE.".
45
46 Page 4, line 15, strike "OR".
47
48 Page 4, strike lines 16 and 17 and substitute:
49
50 "(II) USED BY A COMMERCIAL APPLICATOR, QUALIFIED
51 SUPERVISOR, CERTIFIED OPERATOR, OR TECHNICIAN WORKING IN
52 STRUCTURAL OR PUBLIC HEALTH PEST CONTROL TO ASSIST IN COMPLIANCE
53 WITH FEDERAL LAW, PART 10 OF ARTICLE 12 OF TITLE 38, OR SECTION
54 38-12-505;
55 (III) INCONSISTENT WITH THE "COLORADO NOXIOUS WEED ACT",
56 ARTICLE 5.5 OF TITLE 35; OR
1 (IV) RELATED TO: THE LABELING OR REGISTRATION
2 REQUIREMENTS FOR PESTICIDES; DIRECTIONS FOR USE; CLASSIFICATION OF
3 PESTICIDES AS GENERAL OR RESTRICTED USE; MIXING AND LOADING;
4 LABEL-SPECIFIED SITES OF APPLICATION; TARGET PESTS; DOSAGE RATE;
5 METHOD OF APPLICATION; APPLICATION EQUIPMENT; FREQUENCY AND
6 TIMING OF APPLICATIONS; APPLICATION RATE; REENTRY INTERVALS;
7 WORKER SPECIFICATIONS; CONTAINER STORAGE AND DISPOSAL; REQUIRED
8 INTERVALS BETWEEN APPLICATION AND HARVEST OF FOOD OR FEED CROPS;
9 ROTATIONAL CROP RESTRICTIONS; WARNINGS AGAINST USE ON CERTAIN
10 CROPS, ANIMALS, OR OBJECTS; ANY LABEL-SPECIFIED WARNINGS AND
11 PRECAUTIONARY STATEMENTS OR STATEMENTS OF PRACTICAL
12 TREATMENT; OR LICENSURE, TRAINING, OR CERTIFICATION REQUIREMENTS,
13 INCLUDING ANY INSURANCE AND RECORD-KEEPING REQUIREMENTS.".
14
15 Page 4, line 20, strike "A" and substitute "ANY".
16
17 Page 4, strike line 21 and substitute "OR RULE OR REGULATION WITH
18 RESPECT TO PESTICIDES OR TO TAKE ANY ACTION OTHERWISE PROHIBITED
19 BY THIS SECTION IN ORDER TO COMPLY WITH ANY SPECIFIC FEDERAL OR
20 STATE REQUIREMENT OR AVOID A FINE OR OTHER PENALTY UNDER
21 FEDERAL OR STATE LAW.".
22
23 STATE, CIVIC, MILITARY AND VETERANS AFFAIRS
24 After consideration on the merits, the Committee recommends the
25 following:
26




BILL HB24-1300


Short Title: Home Sale Wildfire Mitigation Requirements
Sponsors: T. Story (D) | K. Brown (D) / J. Marchman (D)

Currently, 12 Colorado counties, including Archuleta, Boulder, Chaffee, Clear Creek, Douglas, Eagle, El Paso, Gilpin, Gunnison, Jefferson, Ouray, and Summit (affected counties), require some form of wildfire mitigation in connection with the construction of a new residence but not with the sale of an respect to an existing residence. Because the affected counties are among the most at-risk counties for wildfires, section 2 of the bill requires the affected counties to leverage their existing wildfire mitigation expertise to establish a program for point-of-sale wildfire mitigation certification in connection with the sale of an existing residence located in the county. Likewise, the codes and standards for wildfire mitigation developed by the wildfire resiliency code board apply only to permitting and inspections for new construction or significant structural expansions or alterations. Section 1 of the bill authorizes counties to establish a program to require wildfire mitigation of existing residences and other structures in accordance with wildfire mitigation standards developed by the Insurance Institute for Business and Home Safety (IBHS), the Colorado state forest service (forest service), the wildfire resiliency code board, or other standards as determined by the county. Section 3 details the minimum requirements for a county point-of-sale wildfire mitigation certification program. The bill also specifies limitations on such programs and encourages counties to create and maintain a web-based clearing house of state and county-level technical assistance and funding resources. Section 3 also authorizes any county that is not an affected county and any municipality to establish by ordinance or regulation a program for a homeowner to obtain certification of compliance with the Colorado state forest service's phase one wildfire mitigation standards in connection with the sale of the homeowner's residence. Section 4 makes a conforming amendment to the existing Colorado state forest service web-based clearing house to require the inclusion of information to educate and assist homeowners in accessing resources to comply with the county point-of-sale programs established pursuant to section 3. Section 2 sets forth the requirements and limitations for a wildfire mitigation program for existing residences that an affected county, or any other county, may establish pursuant to its authority granted in section 1. A county may establish by ordinance or regulation a program to require wildfire mitigation of an existing residence or structure located in an area within the county that is subject to a building code that includes wildfire mitigation requirements in connection with the issuance of a residential building permit or certificate of occupancy in accordance with one or more of the following:

Such a program must include a written policy and procedure for a homeowner to seek a reasonable extension of a program deadline or an exemption from a program requirement on the basis of unforeseen or emergency circumstances or undue burden, as determined by the county.

Section 2 also requires that each of the affected counties post on a public website a list of individuals and entities that perform wildfire mitigation services in the county, including contact information. The counties are also encouraged to include on the same website a copy of or link to:

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
2/14/2024 Introduced In House - Assigned to Transportation, Housing & Local Government
3/26/2024 House Committee on Transportation, Housing & Local Government Refer Amended to Appropriations
4/19/2024 House Committee on Appropriations Refer Amended to House Committee of the Whole
4/22/2024 House Second Reading Laid Over Daily - No Amendments
4/23/2024 House Second Reading Special Order - Passed with Amendments - Committee, Floor
4/24/2024 House Third Reading Passed - No Amendments
4/24/2024 Introduced In Senate - Assigned to Local Government & Housing
4/30/2024 Senate Committee on Local Government & Housing Postpone Indefinitely

Amendment

House Journal, March 26
11 HB24-1300 be amended as follows, and as so amended, be referred to
12 the Committee on Appropriations with favorable
13 recommendation:
14
15 Amend printed bill, page 3, line 12, strike "certification".
16
17 Page 4, strike lines 5 through 9 and substitute:
18 "(u) TO ESTABLISH BY ORDINANCE OR REGULATION A PROGRAM TO
19 REQUIRE WILDFIRE MITIGATION OF EXISTING RESIDENCES AND OTHER
20 STRUCTURES IN ACCORDANCE WITH WILDFIRE MITIGATION STANDARDS
21 DEVELOPED BY THE INSURANCE INSTITUTE FOR BUSINESS AND HOME
22 SAFETY, THE COLORADO STATE FOREST SERVICE, OR OTHER STANDARDS
23 AS DETERMINED BY THE COUNTY.".
24
25 Page 4, line 12, strike "certification".
26
27 Page 4, line 23, strike "THIS HOUSE BILL 24- ," and substitute "HOUSE
28 BILL 24-1300,".
29
30 Page 4, after line 23 insert:
31 "(b) "COUNTY MITIGATION AREA" MEANS AN AREA LOCATED
32 WITHIN AN AFFECTED COUNTY THAT IS SUBJECT TO A BUILDING CODE THAT
33 INCLUDES WILDFIRE MITIGATION REQUIREMENTS IN CONNECTION WITH THE
34 ISSUANCE OF A RESIDENTIAL BUILDING PERMIT OR CERTIFICATE OF
35 OCCUPANCY.".
36
37 Reletter succeeding paragraph accordingly.
38
39 Page 4, after line 25 insert:
40 "(d) "IBHS" MEANS THE INSURANCE INSTITUTE FOR BUSINESS AND
41 HOME SAFETY OR ITS SUCCESSOR ORGANIZATION.
42 (e) "IBHS WILDFIRE MITIGATION STANDARDS" MEANS THE
43 REQUIREMENTS FOR A WILDFIRE-PREPARED HOME ESTABLISHED BY THE
44 IBHS.".
45
46 Reletter succeeding paragraphs accordingly.
47
48 Page 5, strike lines 13 through 27.
49
50 Strike pages 6 and 7.
51
52 Page 8, strike lines 1 through 6 and substitute:
53
54 "(2) (a) THE BOARD OF COUNTY COMMISSIONERS FOR EACH OF THE
55 AFFECTED COUNTIES MAY ESTABLISH BY ORDINANCE OR REGULATION A
56 PROGRAM TO REQUIRE WILDFIRE MITIGATION OF AN EXISTING RESIDENCE
1 OR STRUCTURE LOCATED IN A COUNTY MITIGATION AREA IN ACCORDANCE
2 WITH ONE OR MORE OF THE FOLLOWING:
3 (I) IBHS WILDFIRE MITIGATION STANDARDS;
4 (II) PHASE ONE WILDFIRE MITIGATION STANDARDS;
5 (III) PHASE TWO WILDFIRE MITIGATION STANDARDS; OR
6 (IV) OTHER STANDARDS AS DETERMINED BY THE COUNTY.
7 (b) A PROGRAM ESTABLISHED PURSUANT TO SUBSECTION (2)(a) OF
8 THIS SECTION MUST INCLUDE A WRITTEN POLICY AND PROCEDURE FOR A
9 HOMEOWNER TO SEEK A REASONABLE EXTENSION OF A PROGRAM
10 DEADLINE OR AN EXEMPTION FROM A PROGRAM REQUIREMENT ON THE
11 BASIS OF UNFORSEEN OR EMERGENCY CIRCUMSTANCES OR UNDUE BURDEN,
12 AS DETERMINED BY THE COUNTY.
13 (3) (a) EACH OF THE AFFECTED COUNTIES MUST POST ON A PUBLIC
14 WEBSITE A LIST OF INDIVIDUALS AND ENTITIES THAT PERFORM WILDFIRE
15 MITIGATION SERVICES IN THE COUNTY INCLUDING CONTACT INFORMATION
16 FOR ALL INDIVIDUALS AND ENTITIES LISTED. EACH AFFECTED COUNTY IS
17 ENCOURAGED TO INCLUDE ON THE SAME WEBSITE A COPY OF OR LINK TO:
18 (I) THE IBHS'S WILDFIRE-PREPARED HOME PROGRAM GUIDE, OR A
19 SUCCESSOR PUBLICATION;
20 (II) THE FOREST SERVICE'S PUBLICATION "THE HOME IGNITION
21 ZONE", OR A SUCCESSOR PUBLICATION;
22 (III) THE FOREST SERVICE'S WEB-BASED CLEARINGHOUSE FOR
23 TECHNICAL ASSISTANCE AND FUNDING RESOURCES CREATED PURSUANT TO
24 SECTION 23-31-313 (9); AND
25 (IV) COUNTY-SPECIFIC TECHNICAL ASSISTANCE AND FUNDING
26 RESOURCES FOR WILDFIRE MITIGATION BY HOMEOWNERS.".
27
28 Renumber succeeding paragraph accordingly.
29
30 Page 8, line 9, strike "A HOMEOWNER TO OBTAIN CERTIFICATION OF
31 COMPLIANCE".
32
33 Page 8, strike line 10.
34
35 Page 8, line 11, strike "WITH THE SALE OF THE HOMEOWNER'S RESIDENCE"
36 and substitute "WILDFIRE MITIGATION".
37
38 Page 9, line 3, strike "CERTIFICATION".
39
40

House Journal, April 19
51 HB24-1300 be amended as follows, and as so amended, be referred to
52 the Committee of the Whole with favorable
53 recommendation:
54
55 Amend printed bill, page 8, strike lines 13 through 27.
1 Page 9, strike lines1 through 4.
2
3 Renumber succeeding section accordingly.
4
5

House Journal, April 23
10 Amendment No. 1, Appropriations Report, dated April 19, 2024, and
11 placed in member's bill file; Report also printed in House Journal,
12 April 19, 2024.
13
14 Amendment No. 2, Transportation, Housing & Local Government Report,
15 dated March 26, 2024, and placed in member's bill file; Report also
16 printed in House Journal, March 27, 2024.
17
18 Amendment No. 3, by Representative Story:
19
20 Amend the Transportation, Housing, and Local Government Committee
21 Report, dated March 26, 2024, page 1, line 7, after "SERVICE," insert "THE
22 WILDFIRE RESILIENCY CODE BOARD,".
23
24 Page 2, after line 3, insert:
25
26 "Page 4 of the bill, line 26, strike ""PHASE" and substitute ""ZONE".
27
28 Page 5, line 2, strike "THIRTY" and substitute "FIVE".
29
30 Page 5, line 4, strike "THIRTY" and substitute "FIVE".
31
32 Page 5, line 6, strike ""PHASE" and substitute ""ZONE".
33
34 Page 5, line 9, strike "ONE HUNDRED" and substitute "THIRTY".
35
36 Page 5, lines 11 and 12, strike "ONE HUNDRED and substitute "THIRTY".
37
38 Page 5, after line 12, insert:
39
40 "(h) "ZONE THREE WILDFIRE MITIGATION STANDARDS" MEANS THE
41 WILDFIRE MITIGATION STANDARDS SET FORTH IN THE FOREST SERVICE'S
42 PUBLICATION "THE HOME IGNITION ZONE", OR A SUCCESSOR
43 PUBLICATION, APPLICABLE TO LAND THAT IS ZERO TO ONE HUNDRED FEET
44 FROM A RESIDENCE OR FROM ZERO FEET FROM A RESIDENCE TO THE
45 HOMEOWNER'S PROPERTY LINE IF THE RESIDENCE IS LESS THAN ONE
46 HUNDRED FEET FROM THE PROPERTY LINE.
47 (i) "WILDFIRE RESILIENCY CODE BOARD" MEANS THE WILDFIRE
48 RESILIENCY CODE BOARD CREATED IN THE DIVISION OF FIRE PROTECTION
49 AND CONTROL IN THE DEPARTMENT OF PUBLIC SAFETY PURSUANT TO
50 SECTION 24-33.5-1236.
51 (j) "WILDFIRE RESILIENCY CODE BOARD WILDFIRE MITIGATION
52 STANDARDS" MEANS THE CODES AND STANDARDS ADOPTED BY THE
53 WILDFIRE RESILIENCY CODE BOARD IN ACCORDANCE WITH SECTION
54 24-33.5-1236 (4).".".
55
1 Amendment No. 4, by Representative Story:
2
3 Amend the Transportation, Housing, and Local Government Committee
4 Report, dated March 26, 2024, page 2, line 13, strike "PHASE" and
5 substitute "ZONE".
6
7 Page 2, line 14, strike "PHASE" and substitute "ZONE" and strike "OR".
8
9 Page 2, strike line 15 and substitute:
10
11 "(IV) ZONE THREE WILDFIRE MITIGATION STANDARDS;
12 (V) WILDFIRE RESILIENCY CODE BOARD WILDFIRE MITIGATION
13 STANDARDS; OR
14 (VI) OTHER STANDARDS AS DETERMINED BY THE COUNTY.".
15
16 Page 2, strike lines 31 through 33 and substitute:
17
18 "(III) THE WILDFIRE RESILIENCY CODE BOARD 'S
19 RECOMMENDATIONS FOR WILDFIRE MITIGATION, INCLUDING
20 RECOMMENDATIONS SET FORTH IN CODES, STANDARDS, OR RULES OF THE
21 BOARD; AND".
22
23 Amendment No. 5, by Representative Brown:
24
25 Amend printed bill, page 2, strike lines 2 through 14.
26
27 Page 3, strike lines 1 through 24.
28
29 Renumber succeeding sections accordingly.
30
31 As amended, ordered engrossed and placed on the Calendar for Third
32 Reading and Final Passage.
33




BILL HB24-1313


Short Title: Housing in Transit-Oriented Communities
Sponsors: S. Woodrow (D) | I. Jodeh (D) / C. Hansen (D) | F. Winter (D)

Section 1 of the act establishes a category of local government: A transit-oriented community. As defined in the act, a transit-oriented community is either a local government that:

If the local government is a county, contains either a part of:

The act requires a transit-oriented community to meet its housing opportunity goal. A housing opportunity goal is a zoning capacity goal determined based on an average zoned housing density of 40 dwelling units per acre multiplied by the number of acres of transit-related areas within a transit-oriented community. On or before September 30, 2024, the department of local affairs (department) shall develop a map that identifies the transit-related areas necessary for the calculation of a housing opportunity goal and the various reports required by the act. To accomplish its housing opportunity goal, a transit-oriented community shall ensure that the zoning capacity within certain areas of the transit-oriented community meets or exceeds the transit-oriented community's housing opportunity goal.

The main category of area that the act requires a transit-oriented community to increase the zoning capacity of to meet the transit-oriented community's housing opportunity goal is a transit center. In order to qualify as a transit center, an area must:

In addition to designating an area as a transit center for purposes of meeting a housing opportunity goal, the act allows local governments to designate areas as neighborhood centers for that purpose.

The act requires transit-oriented communities to submit a series of reports to the department regarding the calculation, satisfaction, and implementation of a transit-oriented community's housing opportunity goal. The act requires a transit-oriented community to submit the following to the department:

Additionally, on or before December 31, 2026, a transit-oriented community may notify the department that the transit-oriented community has an insufficient water supply to accomplish its housing opportunity goal, and the transit-oriented community may make a corresponding request for the department to modify the transit-oriented community's housing opportunity goal.

If the department approves a transit-oriented community's housing opportunity goal report on or before December 31, 2027, the department shall designate the transit-oriented community as a certified transit-oriented community. A certified transit-oriented community is the only eligible entity for the transit-oriented communities infrastructure fund grant program (grant program) created within the department. The purpose of the grant program is to assist transit-oriented communities in upgrading infrastructure within transit centers and neighborhood centers. In administering the grant program, the department shall prioritize grant applicants based on the information in the reports described in the act. Grants from the grant program are awarded from money in the transit-oriented communities infrastructure fund (fund). The fund consists of gifts, grants, and donations along with money that the general assembly may appropriate or transfer to the fund and money in the account described in the act. The fund is continuously appropriated. On July 1, 2024, the state treasurer shall transfer $35 million from the general fund to the fund.

Section 2 prohibits a planned unit development resolution or ordinance that is adopted on or after the effective date of the act and that applies within a transit center or neighborhood center from restricting the development of housing more than the local law that applies to that transit center or neighborhood center.

Section 3 requires a local government, when requiring a real property owner to dedicate real property to the public, to provide a private property owner the option of paying a fee, rather than dedicating the private real property to the public, if the real property does not meet local government standards for dedication.

Section 4 makes any restriction by a unit owners' association within a transit center or neighborhood center on the development of housing that is adopted on or after the effective date of the act and is beyond the local law that applies to that transit center or neighborhood center void as a matter of public policy.

Section 5 requires the department of transportation to conduct a study that identifies both:

In addition to the $35 million appropriated to the fund, section 7 makes 2 appropriations. First, section 7 appropriates $183,138 to the governor for use by the Colorado energy office to implement the act. Second, section 7 appropriates $70,000 to the governor for use by the office of information technology to provide information services for the department.

APPROVED by Governor May 13, 2024

EFFECTIVE May 13, 2024
(Note: This summary applies to this bill as enacted.)



Status
2/20/2024 Introduced In House - Assigned to Transportation, Housing & Local Government
3/6/2024 House Committee on Transportation, Housing & Local Government Refer Amended to Finance
3/25/2024 House Committee on Finance Refer Amended to Appropriations
4/12/2024 House Committee on Appropriations Refer Amended to House Committee of the Whole
4/12/2024 House Second Reading Special Order - Passed with Amendments - Committee, Floor
4/14/2024 House Third Reading Passed - No Amendments
4/18/2024 Introduced In Senate - Assigned to Local Government & Housing
4/30/2024 Senate Committee on Local Government & Housing Refer Amended to Appropriations
5/3/2024 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
5/4/2024 Senate Second Reading Special Order - Laid Over to 05/04/2024 - No Amendments
5/4/2024 Senate Second Reading Special Order - Passed with Amendments - Committee, Floor
5/7/2024 Senate Third Reading Passed - No Amendments
5/7/2024 House Considered Senate Amendments - Result was to Concur - Repass
5/9/2024 Sent to the Governor
5/9/2024 Signed by the President of the Senate
5/9/2024 Signed by the Speaker of the House
5/13/2024 Governor Signed

Amendment

House Journal, March 7
24 HB24-1313 be amended as follows, and as so amended, be referred to
25 the Committee on Finance with favorable
26 recommendation:
27
28 Amend printed bill, page 8, line 21, strike "THAT SATISFIES" and
29 substitute "THAT:
30 (a) SATISFIES".
31
32 Page 8, line 23, strike "AMENDED AND INCORPORATES UNIVERSAL
33 DESIGN." and substitute "AMENDED;
34 (b) INCORPORATES UNIVERSAL DESIGN; OR
101 35 (c) IS A TYPE A DWELLING UNIT, AS DEFINED IN SECTION 9-5-
36 (10); A TYPE A MULTISTORY DWELLING UNIT, AS DEFINED IN SECTION
101 37 9-5-101 (11); A TYPE B DWELLING UNITY, AS DEFINED IN SECTION 9-5-
38 (12); OR A TYPE B MULTISTORY DWELLING UNIT, AS DEFINED IN SECTION
39 9-5-101 (13).".
40
41 Page 9, line 20, strike "EITHER".
42
43 Page 9, line 21, strike "SERVICE INCLUDED" and substitute "SERVICE:
44 (a) AS IDENTIFIED".
45
46 Page 9, strike lines 23 and 24 and substitute "PLAN OR A TRANSIT
47 AGENCY'S MASTER PLAN; AND
48 (b) THAT TYPICALLY INCLUDES ANY NUMBER OF THE FOLLOWING:".
49
50 Page 9, line 25, strike "(a)" and substitute "(I)".
51
52 Page 9, line 27, strike "(b)" and substitute "(II)".
53
54 Page 10, line 1, strike "(c)" and substitute "(III)".
55
1 Page 10, line 2, strike "(d)" and substitute "(IV)".
2
3 Page 10, line 3, strike "(e)" and substitute "(V)".
4
5 Page 10, line 4, strike "(f)" and substitute "(VI)".
6
7 Page 10, line 6, after "OPERATES" insert "FOR A MAJORITY OF ITS ROUTE"
8 and strike "LIMITED-ACCESS HIGHWAY FOR" and substitute "FREEWAY
9 WITH ACCESS THAT IS LIMITED TO GRADE-SEPARATED INTERCHANGES.".
10
11 Page 10, strike line 7.
12
13 Page 10, strike line 11, and substitute "COUNTY, BUT EXCLUDING A CITY
14 AND COUNTY.".
15
16 Page 10, strikes lines 13 through 15, and substitute:
17
18 "(8) "DISPLACEMENT" MEANS:
19 (a) THE INVOLUNTARY RELOCATION, DUE TO INCREASED REAL
20 ESTATE PRICES, RENTS, PROPERTY REHABILITATION, REDEVELOPMENT,
21 DEMOLITION, OR OTHER ECONOMIC FACTORS, OF LOW-INCOME RESIDENTS
22 OR LOCALLY-OWNED COMMUNITY-SERVICE BUSINESSES AND INSTITUTIONS
23 IN LOW-INCOME AREAS; AND
24 (b) INDIRECT DISPLACEMENT RESULTING FROM CHANGES IN
25 NEIGHBORHOOD POPULATION, IF, WHEN LOW-INCOME HOUSEHOLDS MOVE
26 OUT OF HOUSING UNITS, THOSE SAME HOUSING UNITS DO NOT REMAIN
27 AFFORDABLE TO OTHER LOW-INCOME HOUSEHOLDS.".
28
29 Page 15, strike lines 6 through 11, and substitute:
30
31 "(l) SCENARIOS ANALYZED FOR THE "COLORADO WATER AND
32 GROWTH DIALOGUE FINAL REPORT" WITH HIGHER PERCENTAGE OF
33 FUTURE HOUSING SHIFTING TO HIGHER DENSITIES WERE ESTIMATED TO
34 ACHIEVE A TOTAL DECREASE IN WATER DEMAND BETWEEN FOUR AND
35 EIGHT TENTHS PERCENT AND NINETEEN AND FOUR TENTHS PERCENT;".
36
37 Page 16, after line 19 insert:
38
39 "(r) TRANSIT-ORIENTED DEVELOPMENT, INCLUDING CONNECTING
40 HOUSING OPPORTUNITIES AND SERVICES WITH SAFE MULTIMODAL
41 INFRASTRUCTURE AND PUBLIC TRANSIT, IMPROVES THE ACCESSIBILITY OF
42 CITIES FOR PEOPLE WITH DISABILITIES AND THOSE WITH LIMITED MOBILITY.
43 PEOPLE WITH DISABILITIES ARE MORE LIKELY TO LIVE IN HOUSEHOLDS
44 WITH ZERO CARS, ARE LESS LIKELY TO DRIVE, AND ARE MORE LIKELY TO
2017 45 RELY ON PUBLIC TRANSIT OR PARATRANSIT, ACCORDING TO THE
46 "NATIONAL HOUSEHOLD TRAVEL SURVEY";".
47
48 Reletter succeeding paragraphs accordingly.
49
50 Page 19, strike lines 26 and 27.
51
52 Page 20, strike line 1.
53
54 Renumber succeeding subsections accordingly.
55
1 Page 20, line 5, strike "(5);" and substitute "(5), AND NOT SERVED BY A
2 WELL WITH A PERMIT THAT CAN SUPPLY AN ADDITIONAL DWELLING UNIT;".
3
4 Page 20, line 11, strike "(2)(c)," and substitute "(1)(c),".
5
6 Page 22, strikes lines 14 through 19 and substitute:
7
8 "(a) HAS RECEIVED LOANS, GRANTS, EQUITY, BONDS, OR TAX
9 CREDITS FROM ANY SOURCE TO SUPPORT THE CREATION, PRESERVATION,
10 OR REHABILITATION OF AFFORDABLE HOUSING THAT, AS A CONDITION OF
11 FUNDING, ENCUMBERS THE PROPERTY WITH A RESTRICTED USE COVENANT
12 OR SIMILAR RECORDED AGREEMENT TO ENSURE AFFORDABILITY, OR HAS
13 BEEN INCOME-RESTRICTED UNDER A LOCAL INCLUSIONARY ZONING
14 ORDINANCE OR OTHER REGULATION OR PROGRAM;
15 (b) RESTRICTS OR LIMITS MAXIMUM RENTAL OR SALE PRICE FOR
16 HOUSEHOLDS OF A GIVEN SIZE AT A GIVEN AREA MEDIAN INCOME, AS
17 ESTABLISHED ANNUALLY BY THE UNITED STATES DEPARTMENT OF
18 HOUSING AND URBAN DEVELOPMENT; AND
19 (c) ENSURES OCCUPANCY BY LOW- TO MODERATE-INCOME
20 HOUSEHOLDS FOR A SPECIFIED PERIOD DETAILED IN A RESTRICTIVE USE
21 COVENANT OR SIMILAR RECORDED AGREEMENT.".
22
23 Page 22, line 21, strike "(14)" and substitute "(13)".
24
25 Page 22, line 22, strike "(12)" and substitute "(11)".
26
27 Page 25, line 9, strike "(a)".
28
29 Page 25, line 13 and 14, strike "AN AVERAGE ZONED HOUSING DENSITY
30 OF".
31
32 Page 25, strike lines 15 through 20.
33
34 Page 25, line 22, strike "JANUARY 31, 2025," and substitute "APRIL 30,
35 2025,".
36
37 Page 26, after line 5 insert:
38
39 "(b) IF APPLICABLE, A TRANSIT-ORIENTED COMMUNITY MAY
40 INCLUDE IN THE REPORT DESCRIBED IN SUBSECTION (3)(a) OF THIS SECTION
41 ANY AFFORDABILITY OR DISPLACEMENT STRATEGIES THAT THE
42 TRANSIT-ORIENTED COMMUNITY HAS IMPLEMENTED.".
43
44 Reletter the succeeding paragraph accordingly.
45
46 Page 27, line 21, strike "COMMUNITY THAT" and substitute
47 "COMMUNITY;".
48
49 Page 27, strike lines 22 through 27.
50
51 Page 28, strike lines 1 and 2.
52
53 Renumber succeeding subparagraphs accordingly.
54
55 Page 28, strike lines 8 through 10 and substitute:
1 "(III) (A) AN APPLICATION OF THE ANALYSIS IN SUBSECTION
2 (5)(a)(II) TO THE ESTIMATED WATER NEEDED TO SUPPLY DOMESTIC".
3
4 Page 28, line 16, strike "(5)(a)(IV);" and substitute "(5)(a)(III);".
5
6 Page 28, line 20, after "(5);" insert "AND."
7
8 Page 28, line 27, strike "(5)(a)(IV)" and substitute "(5)(a)(III)".
9
10 Page 29, line 4, strike "(5)(a)(VI)" and substitute "(5)(a)(III)".
11
12 Page 29, line 7, after "IMPLEMENT" insert "OR HAS ALREADY
13 IMPLEMENTED".
14
15 Page 30, line 19, strike "(2)" and substitute "(3)".
16
17 Page 31, line 2, after "DEPARTMENT." insert: "PURSUANT TO SECTION
18 29-35-211 (5), UPON THE SUBMISSION AND APPROVAL BY THE
19 DEPARTMENT OF THE REPORT, A TRANSIT-ORIENTED COMMUNITY BECOMES
20 ELIGIBLE FOR THE AWARD OF A TRANSIT-ORIENTED COMMUNITIES
21 INFRASTRUCTURE GRANT PROGRAM GRANT.".
22
23 Page 31, line 13, after "STRATEGIES" insert "IDENTIFIED".
24
25 Page 31, line 16, after "STRATEGIES" insert "IDENTIFIED".
26
27 Page 31, line 18, strike "AND" and insert:
28
29 "(VI) A DESCRIPTION OF COMMUNITY ENGAGEMENT THAT THE
30 TRANSIT-ORIENTED COMMUNITY CONDUCTED IN THE PROCESS OF MEETING
31 ITS HOUSING OPPORTUNITY GOAL, IDENTIFYING AFFORDABILITY
32 STRATEGIES PURSUANT TO SUBSECTION (6)(b)(I)(A) AND (6)(b)(I)(B) OF
33 THIS SECTION AND IDENTIFYING DISPLACEMENT MITIGATION STRATEGIES
34 PURSUANT TO SUBSECTION (7)(a) OF THIS SECTION; AND".
35
36 Renumber succeeding subparagraph accordingly.
37
38 Page 33, strike lines 9 through 13 and substitute "DETERMINED BY THE
39 DEPARTMENT THAT CONFIRMS THAT THE TRANSIT-ORIENTED COMMUNITY
40 IS STILL MEETING THE REQUIRED ELEMENTS".
41
42 Page 33, line 16, strike "SECTION; AND" and substitute "SECTION.".
43
44 Page 33, strike lines 17 through 22.
45
46 Page 36, line 12, strike "THREE" and substitute "FIVE".
47
48 Page 36, strike lines 24 through 27 and substitute "SURFACE PARKING;
49 EXCEPT THAT SEVEN-TENTHS OF PARKING SPACES PER DWELLING UNIT
50 MAY BE COUNTED AS STRUCTURED PARKING WITHIN THE BUILDING
51 FOOTPRINT; AND
52 (III) ASSUME AN AVERAGE HOUSING UNIT SIZE, AS DETERMINED
53 BASED ON EITHER THE TYPICAL SIZE OF A MULTIFAMILY HOUSING UNIT
1 THAT WAS RECENTLY BUILT IN COLORADO AS ESTABLISHED IN THE
2 CENSUS'S AMERICAN HOUSING SURVEY OR THE TYPICAL SIZE OF A
3 MULTIFAMILY HOUSING UNIT IN THE TRANSIT-ORIENTED COMMUNITY
4 ACCORDING TO LOCAL DATA;".
5
6 Page 37 strike line 1.
7
8 Page 37, line 19, strike "BEYOND" and substitute "IN A LOCATION OTHER
9 THAN".
10
11 Page 37, line 20, after "REQUEST" insert "FOR LOCATIONAL FLEXIBILITY".
12
13 Page 37, strike lines 23 through 27.
14
15 Page 38, strike lines 1 through 4, and substitute:
16
17 "COMMUNITY, THE TRANSIT-ORIENTED COMMUNITY HAS:
18 (I) ADOPTED A PLAN TO ENCOURAGE AND SUPPORT FUTURE
19 INVESTMENT AND EXPANSION OF INFRASTRUCTURE TO SERVE
20 MULTIFAMILY HOUSING AND ESTABLISHED ZONING CAPACITY THAT IS AS
21 HIGH AS PRACTICABLE TO PROVIDE OPPORTUNITIES FOR MULTIFAMILY
22 HOUSING; AND
23 (II) REMOVED DIMENSIONAL AND OTHER".
24
25 Page 38, line 5, strike "THAT MAXIMIZES" and substitute "IN ORDER TO
26 MAXIMIZE".
27
28 Page 38, line 9, after "REQUESTING" insert "LOCATIONAL FLEXIBILITY".
29
30 Page 38, line 11, strike "ADEQUATE INFRASTRUCTURE;" and substitute
31 "PLANNED OR EXISTING INFRASTRUCTURE AND PLANNED OR EXISTING
32 MULTIMODAL ACCESS TO A TRANSIT STATION;".
33
34 Page 38, line 13, after "BENEFITS" insert "CONSISTENT WITH THE
35 PURPOSES OF THIS PART 2".
36
37 Page 39, line 3, strike "AN AVERAGE ZONED" and substitute "A NET".
38
39 Page 40, line 12 strike "WITHIN A METROPOLITAN" and substitute
40 "WITHIN:".
41
42 Page 40, strike lines 13 through 19 and substitute:
43
44 "(A) A METROPOLITAN PLANNING ORGANIZATION'S
45 FISCALLY-CONSTRAINED LONG RANGE TRANSPORTATION PLAN ADOPTED
46 PRIOR TO JANUARY 1, 2024, AND PLANNED FOR IMPLEMENTATION,
47 ACCORDING TO THAT PLAN, PRIOR TO JANUARY 1, 2030; OR
48 (B) THE TRANSIT MASTER PLAN OF A TRANSIT AGENCY PLANNED
49 FOR SHORT-TERM IMPLEMENTATION, ACCORDING TO THAT PLAN;".
50 (II) A PLAN FOR TRANSIT SERVICE THAT:
51 (A) HAS BEEN APPROVED BY THE GOVERNING BODY OF A TRANSIT
52 AGENCY AFTER JANUARY 1, 2019, AND ON OR BEFORE JANUARY 1, 2024;
53 (B) IDENTIFIES THE FREQUENCY OF TRANSIT SERVICE ON SPECIFIC
54 TRANSIT ROUTES; AND
55 (C) IDENTIFIES ROUTES IN SUBSECTION (1)(b)(II)(B) OF THIS
1 SECTION FOR SHORT-TERM IMPLEMENTATION OR IMPLEMENTATION BEFORE
2 JANUARY 1, 2030; OR".
3
4 Page 41, line 23, strike "(1)(b)." and substitute "(1)(b), INCLUDING
5 MODELS AND GUIDANCE FOR LOCAL GOVERNMENTS WITH FORM-BASED
6 CODES.".
7
8 Page 42, line 1, strike "THAT INCLUDES" insert "AND SHALL UPDATE THIS
9 MENU AS NECESSARY. THE MENU MUST INCLUDE:".
10
11 Page 42, line 4, strike "CONSIDERS" and substitute "ACCOUNTS FOR".
12
13 Page 42, line 5, after "MAXIMIZE" insert "REGULATED" and strike
14 "PRODUCTION," and substitute "PRODUCTION BY LEVERAGING PUBLIC
15 RESOURCES,".
16
17 Page 43, line 5, after "VISITABLE" insert "REGULATED".
18
19 Page 43, line 10, strike "THAT INCLUDES" and substitute "AND SHALL
20 UPDATE THIS MENU AS NECESSARY. THE MENU MUST INCLUDE".
21
22 Page 43, line 14, after "ON" insert "MARKET RATE HOUSING DEVELOPMENT
23 TO SUPPORT".
24
25 Page 44, line 4, strike "OR".
26
27 Page 44, strike line 6 and substitute "OR
28 (IV) INCENTIVIZING AFFORDABLE CONDOMINIUM DEVELOPMENTS;
29 AND".
30
31 Page 44, line 10, strike "LAW," and substitute "LAW OR PROGRAM,".
32
33 Page 44, line 13, after "LAW" insert "OR PROGRAM".
34
35 Page 44, line 15, after "LAW" insert "OR PROGRAM".
36
37 Page 44, lines 15 and 16, strike "HOUSING AFFORDABILITY AND
38 ACCESSIBILITY" and substitute "OPPORTUNITY FOR REGULATED
39 AFFORDABLE HOUSING AND ACCESSIBLE UNITS".
40
41 Page 44, line 20, strike "(a) NO" and substitute "ON OR BEFORE JUNE 30,
42 2025, THE DEPARTMENT SHALL CONDUCT AN ASSESSMENT THAT INCLUDES
43 RECOMMENDATIONS IDENTIFYING THE RESOURCES NECESSARY TO
44 IMPLEMENT THE DISPLACEMENT MITIGATION STRATEGIES IN THE
45 DISPLACEMENT RISK MITIGATION STRATEGIES MENU DESCRIBED IN
46 SUBSECTION (3) OF THIS SECTION. THE ASSESSMENT MUST IDENTIFY:
47 (a) APPROPRIATE LOCAL, REGIONAL, OR NONPROFIT ENTITIES TO
48 ASSIST RESIDENTS AT ELEVATED RISK OF DISPLACEMENT, WITH A FOCUS ON
49 RESIDENTS IN LOCAL GOVERNMENTS THAT HAVE A SMALLER POPULATION
50 AND FEWER FINANCIAL RESOURCES THAN OTHER LOCAL GOVERNMENTS
51 WITHIN THE SAME METROPOLITAN PLANNING ORGANIZATION; AND
52 (b) APPROPRIATE SOURCES OF FINANCIAL AND OTHER RESOURCES
53 TO IMPLEMENT THE DISPLACEMENT MITIGATION STRATEGIES IN THE
54 DISPLACEMENT RISK MITIGATION STRATEGIES MENU DESCRIBED IN
55 SUBSECTION (3) OF THIS SECTION, WHILE TAKING INTO ACCOUNT REGIONAL
1 DISPARITIES IN RESOURCES.
2 (2) (a) NO".
3
4 Renumber succeeding subsections accordingly.
5
6 Page 44, line 24, after "STRATEGIES." insert "THE DEPARTMENT SHALL
7 UPDATE THIS GUIDANCE AS NECESSARY.".
8
9 Page 44, line 26, strike "(1)(a)" and substitute "(2)(a)".
10
11 Page 45, line 14, strike "RENTERS;" and substitute "HOUSEHOLDS;".
12
13 Page 46, line 6, after "DISPLACEMENT" insert "RISK" and strike "THAT
14 INCLUDES" and substitute "AND SHALL UPDATE THIS MENU AS NECESSARY.
15 THE MENU MUST INCLUDE".
16
17 Page 47, line 1, strike "(2)." and substitute "(3).".
18
19 Page 47, line 3, strike "(2)." and substitute "(3).".
20
21 Page 48, line 2, strike "REGULATED".
22
23 Page 48, line 3, strike "HOUSING" and substitute "HOUSING, INCLUDING
24 REGULATED AFFORDABLE HOUSING,".
25
26 Page 48, line 6, strike "REGULATED".
27
28 Page 48, line 7, strike "HOUSING" and substitute "HOUSING, INCLUDING
29 REGULATED AFFORDABLE HOUSING,".
30
31 Page 49, line 9, after "DEPARTMENT." insert "A TRANSIT-ORIENTED
32 COMMUNITY MAY ONLY SUBMIT AN APPLICATION TO THE DEPARTMENT
33 AFTER THE DEPARTMENT HAS APPROVED THE TRANSIT-ORIENTED
34 COMMUNITY'S HOUSING OPPORTUNITY GOAL REPORT PURSUANT TO
35 SECTION 29-35-204 (8).".
36
37 Page 50, line 5, strike "DEVELOPMENT;" and substitute "DEVELOPMENT,
38 AND PERMANENT SUPPORTIVE HOUSING;".
39
40 Page 53, line 27, strike "(5)." and substitute "(4)".
41
42 Page 54, line 2 strike "(11)." and substitute "(10)".
43
44 Page 55, line 1, strike "(5)." and substitute "(4)".
45
46 Page 55, line 3, strike "(11)." and substitute "(10)".
47
48 Page 55, line 9, strike "(5)." and substitute "(4)".
49
50 Page 55, line 11, strike "(11)." and substitute "(10)".

House Journal, March 26
25 HB24-1313 be amended as follows, and as so amended, be referred to
26 the Committee on Appropriations with favorable
27 recommendation:
28
29 Amend printed bill, page 55, strike lines 4 through 25 and substitute:
30
31 "SECTION 4. In Colorado Revised Statutes, 39-22-2102, add
32 (7)(a.7) and (7.5) as follows:
33 39-22-2102. Credit against tax - affordable housing
34 developments - legislative declaration. (7) During each calendar year
35 of the period beginning January 1, 2015, and ending December 31, 2031,
36 the authority may allocate a credit, the full amount of which may be
37 claimed against the taxes imposed by this article 22 for each taxable year
38 of the six-year credit period. The aggregate amount of all credits allocated
39 by the authority in each calendar year of the period beginning January 1,
40 2015, and ending December 31, 2031, shall not exceed the amount of:
41 (a.7) IN ADDITION TO THE AMOUNT DESCRIBED IN SUBSECTION
42 (7)(A.5) OF THIS SECTION:
43 (I) EIGHT MILLION THREE HUNDRED THOUSAND DOLLARS FOR
44 CREDITS ALLOCATED IN CALENDAR YEAR 2024, PURSUANT TO SUBSECTION
45 (1) OF THIS SECTION AND SECTION 39-22-2105 COMBINED;
46 (II) SIX MILLION THREE HUNDRED THOUSAND DOLLARS FOR
47 CREDITS ALLOCATED IN CALENDAR YEAR 2025, PURSUANT TO SUBSECTION
48 (1) OF THIS SECTION AND SECTION 39-22-2105 COMBINED;
49 (III) SIX MILLION THREE HUNDRED THOUSAND DOLLARS FOR
50 CREDITS ALLOCATED IN CALENDAR YEAR 2026, PURSUANT TO SUBSECTION
51 (1) OF THIS SECTION AND SECTION 39-22-2105 COMBINED;
52 (IV) FIVE MILLION SEVEN HUNDRED THOUSAND DOLLARS FOR
53 CREDITS ALLOCATED IN CALENDAR YEAR 2027, PURSUANT TO SUBSECTION
54 (1) OF THIS SECTION AND SECTION 39-22-2105 COMBINED;
55
1 (V) FIVE MILLION DOLLARS FOR CREDITS ALLOCATED IN CALENDAR
2 YEAR 2028, PURSUANT TO SUBSECTION (1) OF THIS SECTION AND SECTION
3 39-22-2105 COMBINED;
4 (VI) FIVE MILLION DOLLARS FOR CREDITS ALLOCATED IN
5 CALENDAR YEAR 2029, PURSUANT TO SUBSECTION (1) OF THIS SECTION
6 AND SECTION 39-22-2105 COMBINED;
7 (VII) FIVE MILLION DOLLARS FOR CREDITS ALLOCATED IN
8 CALENDAR YEAR 2030, PURSUANT TO SUBSECTION (1) OF THIS SECTION
9 AND SECTION 39-22-2105 COMBINED; AND
10 (VIII) FIVE MILLION DOLLARS FOR CREDITS ALLOCATED IN
11 CALENDAR YEAR 2031, PURSUANT TO SUBSECTION (1) OF THIS SECTION
12 AND SECTION 39-22-2105 COMBINED;
13 (7.5) THE TAXPAYER SHALL NOT CLAIM A CREDIT ALLOCATED AS
14 PART OF THE CREDITS AVAILABLE PURSUANT TO SUBSECTION (7)(a.7) OF
15 THIS SECTION RATABLY OVER THE CREDIT PERIOD. INSTEAD, SUCH A
16 CREDIT MUST BE ACCELERATED AND THE FULL AMOUNT MUST BE CLAIMED
17 AGAINST THE TAXES IMPOSED BY THIS ARTICLE 22 OVER THE CREDIT
18 PERIOD ACCORDING TO THE FOLLOWING SCHEDULE:
19 (a) THE AMOUNT OF THE CREDIT ALLOCATED AS PART OF THE
20 CREDITS AVAILABLE PURSUANT TO SUBSECTION (7)(a.7) OF THIS SECTION
21 THAT A TAXPAYER CLAIMS IN THE FIRST YEAR OF THE CREDIT PERIOD MUST
22 EQUAL SEVENTY PERCENT OF THE TOTAL AMOUNT OF THAT CREDIT THAT
23 THE AUTHORITY ALLOCATES TO THE TAXPAYER; AND
24 (b) THE AMOUNT OF THE CREDIT ALLOCATED AS PART OF THE
25 CREDITS AVAILABLE PURSUANT TO SUBSECTION (7)(a.7) OF THIS SECTION
26 THAT A TAXPAYER CLAIMS IN THE SECOND YEAR THROUGH SIXTH YEAR OF
27 THE CREDIT PERIOD MUST EACH YEAR EQUAL SIX PERCENT OF THE TOTAL
28 AMOUNT OF THAT CREDIT THAT THE AUTHORITY ALLOCATES TO THE
29 TAXPAYER;
30 SECTION 5. In Colorado Revised Statutes, add part 54 to article
31 22 in title 39 as follows:
54 32 PART
33 COLORADO AFFORDABLE HOUSING IN
34 TRANSIT-ORIENTED COMMUNITIES INCOME TAX CREDIT
35 39-22-5401. Tax preference performance statement. (1) IN
36 ACCORDANCE WITH SECTION 39-21-304 (1), WHICH REQUIRES EACH BILL
37 THAT CREATES A NEW TAX EXPENDITURE TO INCLUDE A TAX PREFERENCE
38 PERFORMANCE STATEMENT AS PART OF A STATUTORY LEGISLATIVE
39 DECLARATION, THE GENERAL ASSEMBLY FINDS AND DECLARES THAT THE
40 PURPOSE OF THE TAX CREDIT PROVIDED IN THIS SECTION IS TO INDUCE
41 CERTAIN DESIGNATED BEHAVIOR BY TAXPAYERS BY SUPPORTING THE
42 DEVELOPMENT OF AFFORDABLE HOUSING WITHIN TRANSIT-ORIENTED
43 COMMUNITIES.
44 (2) THE GENERAL ASSEMBLY AND THE STATE AUDITOR SHALL
45 MEASURE THE EFFECTIVENESS OF THE CREDIT IN ACHIEVING THE PURPOSE
46 SPECIFIED IN SUBSECTION (1) OF THIS SECTION BASED ON THE NUMBER AND
47 VALUE OF CREDITS ISSUED AND HOUSING UNITS BUILT.
48 39-22-5402. Definitions. AS USED IN THIS PART 54, UNLESS THE
49 CONTEXT OTHERWISE REQUIRES:
50 (1) "ALLOCATION CERTIFICATE" MEANS A STATEMENT ISSUED BY
51 THE AUTHORITY CERTIFYING THAT A GIVEN DEVELOPMENT QUALIFIES FOR
52 THE CREDIT AND SPECIFYING THE AMOUNT OF THE CREDIT ALLOWED.
53
1 (2) "ALLOCATION PLAN" MEANS AN ALLOCATION PLAN ADOPTED
2 BY THE AUTHORITY THAT GOVERNS THE SELECTION CRITERIA AND
3 PREFERENCES FOR ALLOCATING THE TAX CREDIT ALLOWED PURSUANT TO
4 THIS PART 54.
5 (3) "AUTHORITY" MEANS THE COLORADO HOUSING AND FINANCE
6 AUTHORITY CREATED PURSUANT TO SECTION 29-4-704.
7 (4) "COMPLIANCE PERIOD" MEANS THE PERIOD OF FIFTEEN YEARS
8 BEGINNING WITH THE FIRST TAXABLE YEAR OF A CREDIT PERIOD.
9 (5) "CREDIT" MEANS THE COLORADO TRANSIT-ORIENTED
10 COMMUNITY HOUSING INCOME TAX CREDIT ALLOWED PURSUANT TO THIS
11 PART 54.
12 (6) "CREDIT PERIOD" MEANS THE PERIOD OF FIVE INCOME TAX
13 YEARS BEGINNING WITH THE INCOME TAX YEAR IN WHICH A QUALIFIED
14 DEVELOPMENT IS PLACED IN SERVICE. IF A QUALIFIED DEVELOPMENT IS
15 COMPRISED OF MORE THAN ONE BUILDING, THE DEVELOPMENT IS DEEMED
16 TO BE PLACED IN SERVICE IN THE INCOME TAX YEAR DURING WHICH THE
17 LAST BUILDING OF THE QUALIFIED DEVELOPMENT IS PLACED IN SERVICE.
18 (7) "DEPARTMENT" MEANS THE DEPARTMENT OF REVENUE.
19 (8) "DIVISION" MEANS THE DIVISION OF LOCAL GOVERNMENT OF
20 THE DEPARTMENT OF LOCAL AFFAIRS CREATED IN SECTION 24-32-103.
21 (9) "FEDERAL TAX CREDIT" MEANS THE FEDERAL LOW-INCOME
22 HOUSING TAX CREDIT PROVIDED BY SECTION 42 OF THE INTERNAL
23 REVENUE CODE.
24 (10) "METROPOLITAN PLANNING ORGANIZATION" HAS THE SAME
25 MEANING AS SET FORTH IN SECTION 29-35-103 (12).
26 (11) "NEIGHBORHOOD CENTER" HAS THE SAME MEANING AS SET
27 FORTH IN SECTION 29-35-202 (5).
28 (12) "QUALIFIED BASIS" MEANS THE QUALIFIED BASIS OF THE
29 DEVELOPMENT AS DETERMINED PURSUANT TO SECTION 42 OF THE
30 INTERNAL REVENUE CODE.
31 (13) "QUALIFIED DEVELOPMENT" MEANS A "QUALIFIED
42 32 LOW-INCOME HOUSING PROJECT", AS THAT TERM IS DEFINED IN SECTION
33 OF THE INTERNAL REVENUE CODE, THAT IS:
34 (a) LOCATED IN COLORADO;
35 (b) DETERMINED BY THE AUTHORITY TO BE ELIGIBLE FOR A
36 FEDERAL TAX CREDIT WHETHER OR NOT A FEDERAL TAX CREDIT IS
37 ALLOCATED WITH RESPECT TO SAID DEVELOPMENT; AND
38 (c) LOCATED IN A TRANSIT-ORIENTED CENTER WITHIN A QUALIFIED
39 TRANSIT-ORIENTED COMMUNITY OR IN A NEIGHBORHOOD CENTER WITHIN
40 A METROPOLITAN PLANNING ORGANIZATION.
41 (14) "QUALIFIED TAXPAYER" MEANS AN INDIVIDUAL, A PERSON,
42 FIRM, CORPORATION, OR OTHER ENTITY THAT OWNS AN INTEREST, DIRECT
43 OR INDIRECT, IN A QUALIFIED DEVELOPMENT AND IS SUBJECT TO THE
44 TAXES IMPOSED BY THIS ARTICLE 22.
45 (15) "QUALIFIED TRANSIT-ORIENTED COMMUNITY" MEANS:
46 (a) IN CALENDAR YEARS 2024 AND 2025, A TRANSIT-ORIENTED
47 COMMUNITY AS DEFINED IN SECTION 29-35-202 (13); AND
48 (b) IN CALENDAR YEAR 2026 AND EACH SUBSEQUENT CALENDAR
49 YEAR, A TRANSIT-ORIENTED COMMUNITY, AS DEFINED IN SECTION
50 29-35-202(13), THAT HAS BOTH SUBMITTED THE HOUSING OPPORTUNITY
51 GOAL REPORT DESCRIBED IN SECTION 29-35-204 (10) TO THE DIVISION AND
52 HAD THE DIVISION CONFIRM THAT THE TRANSIT-ORIENTED COMMUNITY
53 HAS MET ITS HOUSING OPPORTUNITY GOAL.
54 (16) "TRANSIT CENTER" HAS THE SAME MEANING AS SET FORTH IN
55 SECTION 29-35-202 (11).
1 39-22-5403. Credit against tax - affordable housing located in
2 a transit-oriented community. (1) FOR INCOME TAX YEARS DURING THE
3 CREDIT PERIOD, THERE IS ALLOWED TO ANY QUALIFIED TAXPAYER A
4 CREDIT WITH RESPECT TO THE INCOME TAXES IMPOSED BY THIS ARTICLE
5 22 IN THE AMOUNT DETERMINED BY THE AUTHORITY PURSUANT TO THIS
6 PART 54.
7 (2) THE AGGREGATE AMOUNT OF CREDITS ALLOCATED BY THE
8 AUTHORITY IN EACH OF THE 2025 THROUGH 2029 CALENDAR YEARS, MUST
9 NOT EXCEED THE AGGREGATE AMOUNT OF:
10 (a) CREDITS AUTHORIZED AS FOLLOWS:
11 (I) FOR THE 2025 CALENDAR YEAR, EIGHT MILLION SIX HUNDRED
12 THOUSAND DOLLARS;
13 (II) FOR THE 2026 CALENDAR YEAR, SEVEN MILLION TWO
14 HUNDRED THOUSAND DOLLARS;
15 (III) FOR THE 2027 CALENDAR YEAR, FIVE MILLION SIX HUNDRED
16 THOUSAND DOLLARS;
17 (IV) FOR THE 2028 CALENDAR YEAR, FIVE MILLION DOLLARS; AND
18 (V) FOR THE 2029 CALENDAR YEAR, THREE MILLION SIX HUNDRED
19 THOUSAND DOLLARS; PLUS
20 (b) UNALLOCATED CREDITS, IF ANY, FOR THE IMMEDIATELY
21 PRECEDING CALENDAR YEAR; AND
22 (c) ANY CREDIT RECAPTURED OR OTHERWISE RETURNED TO THE
23 AUTHORITY IN THE CALENDAR YEAR.
24 (3) THE AUTHORITY MAY ALLOCATE A CREDIT TO AN OWNER OF A
25 QUALIFIED DEVELOPMENT BY ISSUING TO THE OWNER AN ALLOCATION
26 CERTIFICATE. THE AUTHORITY MAY DETERMINE THE TIME AT WHICH SUCH
27 ALLOCATION CERTIFICATE IS ISSUED. THE CREDIT MUST BE IN AN AMOUNT
28 DETERMINED BY THE AUTHORITY, SUBJECT TO THE FOLLOWING
29 GUIDELINES:
30 (a) THE CREDIT MUST BE NECESSARY FOR THE FINANCIAL
31 FEASIBILITY OF SUCH DEVELOPMENT;
32 (b) ALL ALLOCATIONS MUST BE MADE PURSUANT TO THE
33 ALLOCATION PLAN; AND
34 (c) THE AGGREGATE SUM OF CREDITS ALLOCATED ANNUALLY
35 MUST NOT EXCEED THE LIMITS SET FORTH IN SUBSECTION (2) OF THIS
36 SECTION.
37 (4) (a) ON OR AFTER JANUARY 1, 2025, BUT PRIOR TO DECEMBER
38 31, 2029, THE AUTHORITY MAY ALLOCATE A TOTAL AMOUNT OF THIRTY
39 MILLION DOLLARS IN CREDITS.
40 (b) THE TAXPAYER SHALL NOT CLAIM THE CREDIT RATABLY OVER
41 THE CREDIT PERIOD. INSTEAD, THE CREDIT MUST BE ACCELERATED AND
42 THE FULL AMOUNT MUST BE CLAIMED AGAINST THE TAXES IMPOSED BY
43 THIS ARTICLE 22 OVER THE CREDIT PERIOD ACCORDING TO THE FOLLOWING
44 SCHEDULE:
45 (I) THE AMOUNT OF THE CREDIT THAT A TAXPAYER CLAIMS IN THE
46 FIRST YEAR OF THE CREDIT PERIOD MUST EQUAL SEVENTY PERCENT OF THE
47 TOTAL AMOUNT OF THE CREDIT THE AUTHORITY ALLOCATES TO THE
48 TAXPAYER;
49 (II) THE AMOUNT OF THE CREDIT THAT A TAXPAYER CLAIMS IN THE
50 SECOND YEAR OF THE CREDIT PERIOD MUST EQUAL EIGHT PERCENT OF THE
51 TOTAL AMOUNT OF THE CREDIT THE AUTHORITY ALLOCATES TO THE
52 TAXPAYER;
53
1 (III) THE AMOUNT OF THE CREDIT THAT A TAXPAYER CLAIMS IN
2 THE THIRD YEAR OF THE CREDIT PERIOD MUST EQUAL EIGHT PERCENT OF
3 THE TOTAL AMOUNT OF THE CREDIT THE AUTHORITY ALLOCATES TO THE
4 TAXPAYER;
5 (IV) THE AMOUNT OF THE CREDIT THAT A TAXPAYER CLAIMS IN
6 THE FOURTH YEAR OF THE CREDIT PERIOD MUST EQUAL SEVEN PERCENT OF
7 THE TOTAL AMOUNT OF THE CREDIT THE AUTHORITY ALLOCATES TO THE
8 TAXPAYER; AND
9 (V) THE AMOUNT OF THE CREDIT THAT A TAXPAYER CLAIMS IN THE
10 FIFTH YEAR OF THE CREDIT PERIOD MUST EQUAL SEVEN PERCENT OF THE
11 TOTAL AMOUNT OF THE CREDIT THE AUTHORITY ALLOCATES TO THE
12 TAXPAYER.
13 (5) IF AN OWNER OF A QUALIFIED DEVELOPMENT RECEIVING AN
14 ALLOCATION OF A CREDIT IS A PARTNERSHIP, LIMITED LIABILITY COMPANY,
15 S CORPORATION, OR SIMILAR PASS-THROUGH ENTITY, THE OWNER MAY
16 ALLOCATE THE CREDIT AMONG ITS PARTNERS, SHAREHOLDERS, MEMBERS,
17 OR OTHER QUALIFIED TAXPAYERS IN ANY MANNER AGREED TO BY SUCH
18 PERSONS REGARDLESS OF WHETHER ANY SUCH PERSONS ARE DEEMED A
19 PARTNER FOR FEDERAL INCOME TAX PURPOSES. THE OWNER SHALL
20 CERTIFY TO THE DEPARTMENT THE AMOUNT OF CREDIT ALLOCATED TO
21 EACH PARTNER, SHAREHOLDER, MEMBER, OR OTHER QUALIFIED TAXPAYER.
22 EACH PARTNER, SHAREHOLDER, MEMBER, OR OTHER QUALIFIED TAXPAYER
23 ADMITTED AS A PARTNER, SHAREHOLDER, MEMBER, OR OTHER QUALIFIED
24 TAXPAYER OF THE OWNER PRIOR TO THE FILING OF A TAX RETURN
25 CLAIMING THE CREDIT IS ALLOWED TO CLAIM SUCH AMOUNT SUBJECT TO
26 ANY RESTRICTIONS SET FORTH IN THIS PART 54.
54 27 (6) NO CREDIT SHALL BE ALLOCATED PURSUANT TO THIS PART
28 UNLESS THE QUALIFIED DEVELOPMENT IS THE SUBJECT OF A RECORDED
29 RESTRICTIVE COVENANT REQUIRING THE DEVELOPMENT TO BE
30 MAINTAINED AND OPERATED AS A QUALIFIED DEVELOPMENT, AND IS IN
31 ACCORDANCE WITH THE ACCESSIBILITY AND ADAPTABILITY
32 REQUIREMENTS OF THE FEDERAL TAX CREDITS AND TITLE VIII OF THE
33 "CIVIL RIGHTS ACT OF 1968", AS AMENDED BY THE "FAIR HOUSING
34 AMENDMENTS ACT OF 1988", FOR A PERIOD OF FIFTEEN INCOME TAX
35 YEARS, OR SUCH LONGER PERIOD AS MAY BE AGREED TO BETWEEN THE
36 AUTHORITY AND THE OWNER, BEGINNING WITH THE FIRST TAXABLE YEAR
37 OF THE CREDIT PERIOD UNLESS CORRECTED WITHIN THE TIME THAT IS
38 APPLICABLE TO DEVELOPMENTS RECEIVING FEDERAL TAX CREDITS
39 PURSUANT TO SECTION 42(h)(6)(J) OF THE INTERNAL REVENUE CODE AS
40 APPLICABLE TO THE COVENANT DESCRIBED IN THIS SUBSECTION (6).
41 (7) THE ALLOCATED CREDIT AMOUNT MAY BE TAKEN AGAINST THE
42 TAXES IMPOSED BY THIS ARTICLE 22 FOR EACH INCOME TAX YEAR OF THE
43 CREDIT PERIOD AS SET FORTH IN SUBSECTION (4) OF THIS SECTION. ANY
44 AMOUNT OF CREDIT THAT EXCEEDS THE TAX DUE FOR AN INCOME TAX
45 YEAR MAY BE CARRIED FORWARD AS A TAX CREDIT AGAINST THE INCOME
46 TAX LIABILITY FOR THE THREE SUBSEQUENT TAX YEARS AND MUST BE
47 APPLIED FIRST TO THE EARLIEST YEARS POSSIBLE. ANY AMOUNT OF THE
48 CREDIT THAT IS NOT USED MUST NOT BE REFUNDED TO THE TAXPAYER.
49 (8) UNLESS OTHERWISE PROVIDED IN THIS PART 54 OR THE
50 CONTEXT CLEARLY REQUIRES OTHERWISE, THE AUTHORITY SHALL
51 DETERMINE ELIGIBILITY FOR A CREDIT AND ALLOCATE CREDITS IN
52 ACCORDANCE WITH THE STANDARDS AND REQUIREMENTS SET FORTH IN
53 THE ALLOCATION PLAN; HOWEVER, THE AUTHORITY SHALL ADMINISTER
54 THE CREDIT ALLOWED PURSUANT TO THIS PART 54 CONSISTENTLY WITH
55 THE CREDIT PURSUANT TO PART 21 OF THIS ARTICLE 22 EXCEPT TO THE
1 EXTENT THE ALLOCATION PLAN IS INCONSISTENT WITH PART 21 OF THIS
2 ARTICLE 22, IN WHICH CASE THE ALLOCATION PLAN CONTROLS.
3 NOTWITHSTANDING THE FOREGOING, ANY COMBINATION OF FEDERAL AND
4 STATE CREDITS, OR STANDALONE AMOUNT OF STATE CREDITS, ALLOWED
5 MUST BE THE LEAST AMOUNT NECESSARY TO ENSURE THE FINANCIAL
6 FEASIBILITY OF A QUALIFIED DEVELOPMENT.
7 39-22-5404. Recapture. (1) AS OF THE LAST DAY OF ANY
8 TAXABLE YEAR DURING THE COMPLIANCE PERIOD, IF THE AMOUNT OF THE
9 QUALIFIED BASIS OF A QUALIFIED DEVELOPMENT WITH RESPECT TO A
10 TAXPAYER IS LESS THAN THE AMOUNT OF THE QUALIFIED BASIS AS OF THE
11 LAST DAY OF THE PRIOR TAXABLE YEAR, THEN THE AMOUNT OF THE
12 TAXPAYER'S STATE INCOME TAX LIABILITY FOR THAT TAXABLE YEAR MUST
13 BE INCREASED BY THE CREDIT RECAPTURE AMOUNT.
14 (2) FOR PURPOSES OF SUBSECTION (1) OF THIS SECTION, THE
15 CREDIT RECAPTURE AMOUNT IS AN AMOUNT EQUAL TO THE AGGREGATE
16 DECREASE IN THE CREDIT ALLOWED TO THE TAXPAYER PURSUANT TO THIS
17 PART 54 FOR ALL PRIOR TAXABLE YEARS THAT WOULD HAVE RESULTED IF
18 THE ACCELERATED PORTION OF THE CREDIT WERE NOT ALLOWED BY
19 REASON OF THIS PART 54 WERE NOT ALLOWED FOR ALL PRIOR TAXABLE
20 YEARS WITH RESPECT TO THE REDUCED AMOUNT OF QUALIFIED BASIS
21 DESCRIBED IN SUBSECTION (1) OF THIS SECTION.
22 (3) FOR PURPOSES OF SUBSECTION (2) OF THIS SECTION, THE
23 ACCELERATED PORTION OF THE CREDIT FOR THE PRIOR TAXABLE YEARS
24 WITH RESPECT TO ANY AMOUNT OF QUALIFIED BASIS IS THE DIFFERENCE
25 BETWEEN:
26 (a) THE AGGREGATE AMOUNT OF THE CREDIT ALLOWED PURSUANT
27 TO THIS PART 54, NOTWITHSTANDING THIS SUBSECTION (3), FOR THE YEARS
28 WITH RESPECT TO SUCH QUALIFIED BASIS; AND
29 (b) THE AGGREGATE AMOUNT OF THE CREDIT THAT WOULD BE
30 ALLOWED PURSUANT TO THIS PART 54 FOR SUCH YEARS WITH RESPECT TO
31 THE QUALIFIED BASIS IF THE AGGREGATE CREDIT THAT WOULD HAVE BEEN
32 ALLOWABLE, BUT FOR THIS SUBSECTION (3), FOR THE ENTIRE COMPLIANCE
33 PERIOD WERE ALLOWABLE RATABLY OVER FIFTEEN YEARS.
34 (4) IN THE EVENT THAT RECAPTURE OF ANY CREDIT IS REQUIRED
35 IN ANY TAX YEAR, THE RETURN SUBMITTED FOR THAT TAX YEAR TO THE
36 DEPARTMENT SHALL INCLUDE THE PROPORTION OF CREDIT REQUIRED TO
37 BE RECAPTURED, THE IDENTITY OF EACH TAXPAYER SUBJECT TO THE
38 RECAPTURE, AND THE AMOUNT OF CREDIT PREVIOUSLY ALLOCATED TO
39 SUCH TAXPAYER.
40 (5) NOTWITHSTANDING SUBSECTION (1) OF THIS SECTION, CREDITS
41 ISSUED PURSUANT TO THIS PART 54 MUST NOT BE RECAPTURED IF A
42 QUALIFIED DEVELOPMENT, AFTER THE INITIAL AWARD OF CREDITS, CEASES
43 BEING LOCATED IN A TRANSIT-ORIENTED CENTER WITHIN A QUALIFIED
44 TRANSIT-ORIENTED COMMUNITY OR IN A NEIGHBORHOOD CENTER WITHIN
45 A METROPOLITAN PLANNING ORGANIZATION.
46 39-22-5405. Filing requirements. AN OWNER OF A QUALIFIED
47 DEVELOPMENT TO WHICH A CREDIT HAS BEEN ALLOCATED AND EACH
48 QUALIFIED TAXPAYER TO WHICH SUCH OWNER HAS ALLOCATED A PORTION
49 OF SAID CREDIT, IF ANY, SHALL FILE WITH THEIR STATE INCOME TAX
50 RETURN A COPY OF THE ALLOCATION CERTIFICATE ISSUED BY THE
51 AUTHORITY WITH RESPECT TO SUCH DEVELOPMENT AND A COPY OF THE
52 OWNER'S CERTIFICATION TO THE DEPARTMENT AS TO THE ALLOCATION OF
53 THE CREDIT AMONG THE QUALIFIED TAXPAYERS HAVING OWNERSHIP
54 INTERESTS IN THE DEVELOPMENT.
55
1 39-22-5406. Parallel credits - insurance premium taxes.
2 (1) ANY TAXPAYER WHO IS SUBJECT TO THE TAX ON INSURANCE
128 3 PREMIUMS ESTABLISHED BY SECTIONS 10-3-209, 10-5-111, AND 10-6-
4 AND THEREFORE EXEMPT FROM THE PAYMENT OF INCOME TAX AND WHO
54 5 IS OTHERWISE ELIGIBLE TO CLAIM A CREDIT PURSUANT TO THIS PART
6 MAY CLAIM SUCH CREDIT AND CARRY SUCH CREDIT FORWARD AGAINST
7 SUCH INSURANCE PREMIUM TAX ON ITS CALENDAR QUARTER ESTIMATED
8 TAX PAYMENTS MADE IN ACCORDANCE WITH SECTION 10-3-209 TO THE
9 SAME EXTENT AS THE TAXPAYER WOULD HAVE BEEN ABLE TO CLAIM OR
10 CARRY FORWARD SUCH CREDIT OR REFUND AGAINST INCOME TAX. ALL
11 OTHER PROVISIONS OF THIS PART 54 WITH RESPECT TO THE CREDIT,
12 INCLUDING THE AMOUNT, ALLOCATION, AND RECAPTURE OF THE CREDIT
13 AND THE YEARS FOR WHICH THE CREDIT MAY BE CLAIMED, APPLY TO A
14 CREDIT CLAIMED PURSUANT TO THIS SECTION.
15 (2) FOR PURPOSES OF ADMINISTERING THIS SECTION, ANY
16 REFERENCE IN THIS ARTICLE 22 TO "INCOME TAX YEAR" MEANS CALENDAR
17 YEAR.
18 39-22-5407. Compliance monitoring. THE AUTHORITY, IN
19 CONSULTATION WITH THE DEPARTMENT, SHALL MONITOR AND OVERSEE
20 COMPLIANCE WITH THIS PART 54 AND SHALL REPORT SPECIFIC
21 OCCURRENCES OF NONCOMPLIANCE TO THE DEPARTMENT.
22 39-22-5408. Repeal. THIS PART 54 IS REPEALED, EFFECTIVE
23 DECEMBER 31, 2049.
24 SECTION 6. In Colorado Revised Statutes, 39-26-123, amend
25 (3)(b)(II)(B) and (3)(b)(II)(C); and add (3)(b)(II)(D) as follows:
26 39-26-123. Receipts - disposition - transfers of general fund
27 surplus - sales tax holding fund - creation - definitions. (3) For any
28 state fiscal year commencing on or after July 1, 2013, the state treasurer
29 shall credit eighty-five percent of all net revenue collected under this
30 article 26 to the old age pension fund created in section 1 of article XXIV
31 of the state constitution. The state treasurer shall credit to the general fund
32 the remaining fifteen percent of the net revenue, less:
33 (b) (II) The amount credited to the housing development grant
34 fund created in section 24-32-721 (1) under subsection (3)(b)(I) of this
35 section is reduced by the following amounts:
36 (B) Forty million three hundred twenty-three thousand one
37 hundred fifty-eight dollars for the state fiscal year 2020-21; and
38 (C) Nine hundred eighty-five thousand three hundred thirty-five
39 dollars for the state fiscal year YEARS 2021-22, and each state fiscal year
40 thereafter 2022-23, AND 2023-24; AND
41 (D) THIRTY-FIVE MILLION NINE HUNDRED EIGHTY-FIVE THOUSAND
42 THREE HUNDRED THIRTY-FIVE DOLLARS FOR THE STATE FISCAL YEAR
43 2024-25 AND EACH STATE FISCAL YEAR THEREAFTER.".
44
45 Renumber succeeding section accordingly.
46
47

House Journal, April 12
25 HB24-1313 be amended as follows, and as so amended, be referred to
26 the Committee of the Whole with favorable
27 recommendation:
28
29 Amend printed bill, page 55, before line 26 insert:
30
31 "SECTION 6. Appropriation. (1) For the 2024-25 state fiscal
32 year, $183,138 is appropriated to the office of the governor for use by the
33 Colorado energy office. This appropriation is from the general fund and
8 34 is based on the assumption that the office will require an additional 0.
35 FTE. To implement this act, the office may use this appropriation for
36 program administration.
37 (2) For the 2024-25 state fiscal year, $70,000 is appropriated to
38 the office of the governor for use by the office of information technology.
39 This appropriation is from reappropriated funds received from the
40 department of local affairs from the transit-oriented communities
41 infrastructure fund created in section 29-35-211 (8)(a)(I), C.R.S. To
42 implement this act, the office may use this appropriation to provide
43 information technology services for the department of local affairs.".
44
45 Renumber succeeding section accordingly.
46
47 Page 1, line 102, strike "COMMUNITIES." and substitute "COMMUNITIES,
48 AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
49
50

House Journal, April 12
12 Amendment No. 1, Appropriations Report, dated April 12, 2024, and
13 placed in member's bill file; Report also printed in House Journal,
14 April 12, 2024.
15
16 Amendment No. 2, Finance Report, dated March 25, 2024, and placed in
17 member's bill file; Report also printed in House Journal, March 26, 2024.
18
19 Amendment No. 3, Transportation, Housing & Local Government Report,
20 dated March 6, 2024, and placed in member's bill file; Report also printed
21 in House Journal, March 7, 2024.
22
23 Amendment No. 4, by Representative Woodrow:
24
25 Amend the Committee on Finance report, dated March 25, 2024, page 4,
26 line 10, strike "2024 AND 2025," and substitute "2024, 2025, AND 2026,".
27
28 Page 4, line 12, strike "2026" and substitute "2027".
29
30 Page 7, line 15, strike "WERE NOT ALLOWED" and substitute
31 "ALLOWABLE".
32
33 Amendment No. 5, by Representative Woodrow:
34
35 Amend the Committee on Transportation, Housing, & Local Government
36 report, dated March 6, 2024, page 4, strike lines 10 through 12 and
37 substitute:
38
39 "Page 27 of the bill strike lines 18 through 27.".
40
41 Page 4 of the report, strike lines 15 through 17 and substitute:
42
43 "Page 28 of the bill, strike lines 8 through 14.
44
45 Page 28 of the bill, line 15, strike "(B)" and substitute "(II)".".
46
47 Page 4 of the report, line 18, strike ""(5)(a)(III);"." and substitute
48 ""(5)(a)(I);".".
49
50 Page 4 of the report, line 20, strike ""(5)(a)(III)"." and substitute
51 ""(5)(a)(II)".".
52
53 Page 4 of the report, line 21, strike ""(5)(a)(III)"." and substitute
54 ""(5)(a)(II)".".
55
1 Amendment No. 6, by Representative Jodeh:
2
3 Amend the Committee on Transportation, Housing & Local Government
4 report, dated March 6, 2024, page 5, after line 18 insert:
5
6 "Page 35 of the bill, line 22, strike "LIST." and substitute "LIST DESCRIBED
7 IN SUBSECTION (1) OF THIS SECTION.".".
8
9 Page 9 of the report, after line 8 insert:
10
11 "Page 51 of the bill, line 13, strike "THE ACCOUNT TO THE ACCOUNT." and
12 substitute "THE TRANSIT-ORIENTED COMMUNITIES HIGHWAY USERS TAX
13 ACCOUNT TO THE TRANSIT-ORIENTED COMMUNITIES HIGHWAY USERS TAX
14 ACCOUNT.".".
15
16 Amendment No. 7, by Representative Woodrow:
17
18 Amend printed bill, page 41, line 25, strike "strategies." and substitute
19 "strategies - impact fees.".
20
21 Page 44, after line 17 insert:
22
23 "(4) Impact fees. NOTHING IN THIS SECTION INTERFERES WITH A
24 LOCAL GOVERNMENT'S AUTHORITY TO SET AND COLLECT IMPACT FEES.".
25
26 As amended, ordered engrossed and placed on the Calendar for Third
27 Reading and Final Passage.

Senate Journal, May 1
After consideration on the merits, the Committee recommends that HB24-1313 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.
Amend reengrossed bill, page 9 after line 26 insert:

"(3) "APPLICABLE TRANSIT PLAN" MEANS A PLAN OF A TRANSIT AGENCY
WHOSE SERVICE TERRITORY IS WITHIN A METROPOLITAN PLANNING
ORGANIZATION, INCLUDING A SYSTEM OPTIMIZATION PLAN OR A TRANSIT
MASTER PLAN THAT:
(a) HAS BEEN APPROVED BY THE GOVERNING BODY OF A TRANSIT
AGENCY ON OR AFTER JANUARY 1, 2019, AND ON OR BEFORE JANUARY 1, 2024;
(b) IDENTIFIES THE PLANNED FREQUENCY AND SPAN OF SERVICE FOR
TRANSIT SERVICE OR SPECIFIC TRANSIT ROUTES; AND
(c) IDENTIFIES SPECIFIC TRANSIT ROUTES FOR SHORT-TERM
IMPLEMENTATION ACCORDING TO THAT PLAN, OR IMPLEMENTATION BEFORE
JANUARY 1, 2030.".

Renumber succeeding subsections.

Page 9, line 27, strike "BUS RAPID".

Page 10, line 2, strike "AS" and substitute "THAT IS" and after "IDENTIFIED"
insert "AS BUS RAPID TRANSIT BY A TRANSIT AGENCY".

Page 10, lines 3 and 4, strike "A TRANSIT AGENCY'S MASTER PLAN;" and
substitute "IN AN APPLICABLE TRANSIT PLAN;".

Page 10 strike lines 23 through 27.

Page 11, strike lines 1 through 4 and substitute:

"(a) THE INVOLUNTARY RELOCATION OF RESIDENTS, PARTICULARLY
LOW-INCOME RESIDENTS, OR LOCALLY-OWNED COMMUNITY-SERVING
BUSINESSES AND INSTITUTIONS DUE TO:
(I) INCREASED REAL ESTATE PRICES, RENTS, PROPERTY REHABILITATION,
REDEVELOPMENT, DEMOLITION, OR OTHER ECONOMIC FACTORS;
(II) PHYSICAL CONDITIONS RESULTING FROM NEGLECT AND
UNDERINVESTMENT THAT RENDER A RESIDENCE UNINHABITABLE; OR
(III) PHYSICAL DISPLACEMENT WHEREIN EXISTING HOUSING UNITS AND
COMMERCIAL SPACES ARE LOST DUE TO PROPERTY REHABILITATION,
REDEVELOPMENT, OR DEMOLITION;
(b) INDIRECT DISPLACEMENT RESULTING FROM CHANGES IN
NEIGHBORHOOD POPULATION, IF, WHEN LOW-INCOME HOUSEHOLDS MOVE OUT
OF HOUSING UNITS, THOSE SAME HOUSING UNITS DO NOT REMAIN AFFORDABLE
TO OTHER LOW-INCOME HOUSEHOLDS IN THE NEIGHBORHOOD, OR DEMOGRAPHIC
CHANGES THAT REFLECT THE RELOCATION OF EXISTING RESIDENTS FOLLOWING
WIDESPREAD RELOCATION OF THEIR COMMUNITY AND COMMUNITY-SERVING
ENTITIES.".

Page 12, after line 3 insert:

"(16) "REGULATED AFFORDABLE HOUSING" MEANS AFFORDABLE
HOUSING THAT:
(a) HAS RECEIVED LOANS, GRANTS, EQUITY, BONDS, OR TAX CREDITS
FROM ANY SOURCE TO SUPPORT THE CREATION, PRESERVATION, OR
REHABILITATION OF AFFORDABLE HOUSING THAT, AS A CONDITION OF FUNDING,
ENCUMBERS THE PROPERTY WITH A RESTRICTED USE COVENANT OR SIMILAR
RECORDED AGREEMENT TO ENSURE AFFORDABILITY, OR HAS BEEN
INCOME-RESTRICTED UNDER A LOCAL INCLUSIONARY ZONING ORDINANCE OR
OTHER REGULATION OR PROGRAM;
(b) RESTRICTS OR LIMITS MAXIMUM RENTAL OR SALE PRICE FOR
HOUSEHOLDS OF A GIVEN SIZE AT A GIVEN AREA MEDIAN INCOME, AS
ESTABLISHED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT; AND
(c) ENSURES OCCUPANCY BY LOW- TO MODERATE-INCOME HOUSEHOLDS
FOR A SPECIFIED PERIOD DETAILED IN A RESTRICTIVE USE COVENANT OR SIMILAR
RECORDED AGREEMENT.".

Renumber succeeding subsections accordingly.

Page 20, after line 21 insert:

"(1) "CERTIFIED TRANSIT-ORIENTED COMMUNITY" MEANS A
TRANSIT-ORIENTED COMMUNITY THAT HAS MET THE REQUIREMENTS OF SECTION
29-35-204 (4)(a).".

Renumber succeeding subsections accordingly.

Page 20, strike lines 26 and 27 and substitute "SECTION 24-65.1-104 (5), IS
SERVED BY A WELL THAT IS NOT CONNECTED TO A WATER DISTRIBUTION
SYSTEM, AS DEFINED IN SECTION 25-9-102 (6), OR IS SERVED BY A SEPTIC TANK,
AS DEFINED IN SECTION 25-10-103 (18);".

Page 21, line 8, after "FABRICATION," insert "MINERAL OR GRAVEL
EXTRACTION,".

Page 21, after line 11 insert:

"(e) ANY PART OF A PARCEL THAT, AS OF JANUARY 1, 2024, IS SUBJECT
TO AN EASEMENT FOR A MAJOR ELECTRIC OR NATURAL GAS FACILITY, AS
DEFINED IN SECTION 29-20-108 (3);".

Reletter succeeding paragraphs accordingly.

Page 21, line 22, strike "FEDERAL OR STATE".

Page 21, strike line 23 and substitute "OWNED BY A FEDERAL, STATE, OR LOCAL
GOVERNMENT ENTITY;".

Page 21, strike line 26 and substitute "29-7.5-103 (2);
(m) A PARCEL THAT AS OF JANUARY 1, 2024, IS OWNED BY A SCHOOL
DISTRICT, AS DEFINED IN SECTION 22-30-103 (13); OR
(n) ANY PART OF A PARCEL'S ZONING CAPACITY WHERE RESIDENTIAL
USE IS EXPRESSLY PREVENTED OR LIMITED TO LESS THAN FORTY DWELLING
UNITS PER ACRE BY STATE REGULATION, FEDERAL REGULATION, OR DEED
RESTRICTION PURSUANT TO EITHER:
(I) FEDERAL AVIATION ADMINISTRATION RESTRICTIONS PURSUANT TO
14 CFR PART 77; OR
(II) AN ENVIRONMENTAL COVENANT PURSUANT TO SECTION 25-15-318
TO SECTION 25-15-323.".

Page 22, line 19, after "HEIGHT." insert "NOTHING IN THIS SUBSECTION (5)
MEANS THAT, IN CALCULATING NET HOUSING DENSITY FOR AN AREA, A LOCAL
GOVERNMENT SHALL INCLUDE AN AREA OF AN INDIVIDUAL PARCEL REQUIRED
FOR STORMWATER DRAINAGE OR A UTILITY EASEMENT.".

Page 22, strike lines 20 through 27.

Renumber succeeding subsections accordingly.

Page 22, after line 27 insert:

"(7) "OPTIONAL TRANSIT AREA" MEANS THE TOTAL AREA, MEASURED
IN ACRES, WITHIN A TRANSIT-ORIENTED COMMUNITY THAT IS WITHIN
ONE-QUARTER MILE OF A PUBLIC BUS ROUTE OR BUS RAPID TRANSIT CORRIDOR
AS IDENTIFIED IN THE CRITERIA IN SUBSECTION 29-35-208 (4).".

Renumber succeeding subsections accordingly.

Page 23, strike lines 7 through 22.

Renumber succeeding subsections accordingly.

Page 24, line 4, strike "AND THAT EITHER:".

Page 24, strike lines 5 through 7 and substitute "AS IDENTIFIED IN THE CRITERIA
IN SECTION 29-35-208 (3).".

Page 24, lines 26 strike "STATION THAT SERVES ONE OR MORE THE".

Page 24, strike line 27.

Page 25, strike lines 1 through 6 and substitute: "STATION, AS IDENTIFIED IN THE
CRITERIA IN SECTION 29-35-208 (2).".

Page 25, line 9, strike "INCLUDING BUT NOT".

Page 25, strike lines 10 through 13 and substitute "AND AS CALCULATED BY
TOTALING THE NET HOUSING DENSITY OF ALL PARCELS WITHIN THE AREA.
(15) "ZONING CAPACITY BUFFER" MEANS THE RATIO OF THE NUMBER OF
HOUSING UNITS ANTICIPATED TO BE CONSTRUCTED IN AN AREA TO THE ZONING
CAPACITY OF THE AREA.".

Page 25, line 14, strike "collaboration." and substitute "collaboration - goals
- transit-oriented community authority." and before "AS" insert "(1)".

Page 25, line 18, after "REQUIREMENTS" insert "AND GOALS".

Page 25, after line 18 insert:

"(2) THE GOALS OF THIS PART 2 ARE TO:
(a) PROVIDE BENEFITS INCLUDING REGULATED AFFORDABLE HOUSING,
ACCESSIBLE HOUSING, REGIONAL EQUITY THROUGH A BALANCE OF JOBS AND
HOUSING, IMPROVED AND EXPANDED TRANSIT SERVICE, AND MULTIMODAL
ACCESS TO DAILY NEEDS WITHIN MIXED-USE PEDESTRIAN-ORIENTED
NEIGHBORHOODS; AND
(b) INCREASE OPPORTUNITIES FOR HOUSING PRODUCTION BY PROVIDING
APPROPRIATE ZONING CAPACITY BUFFERS.
(3) NOTHING IN THIS PART 2 PREVENTS A TRANSIT-ORIENTED
COMMUNITY, OR OTHER RELEVANT ENTITY, FROM:
(a) ENFORCING INFRASTRUCTURE STANDARDS IN LOCAL LAW THAT
RESULT IN THE DENIAL OR CONDITIONING OF PERMITS OR APPROVALS FOR
SPECIFIC HOUSING PROJECTS IN A TRANSIT CENTER, INCLUDING BUT NOT LIMITED
TO UTILITIES, TRANSPORTATION, OR PUBLIC WORKS CODES OR STANDARDS;
(b) ADOPTING GENERALLY APPLICABLE REQUIREMENTS FOR THE
PAYMENT OF IMPACT FEES OR OTHER SIMILAR DEVELOPMENT CHARGES, IN
ACCORDANCE WITH SECTION 29-20-104.5, OR THE MITIGATION OF IMPACTS IN
ACCORDANCE WITH PART 2 OF ARTICLE 20 OF THIS TITLE 29;
(c) APPROVING A DEVELOPMENT APPLICATION AT A LOWER NET
HOUSING DENSITY THAN THE MAXIMUM ALLOWED HOUSING DENSITY;
(d) ALLOWING A HIGH AMOUNT OF ZONING CAPACITY IN ONE TRANSIT
AREA, WHILE ALLOWING A VERY LOW AMOUNT OF OR NO ZONING CAPACITY IN
ANOTHER TRANSIT AREA;
(e) IMPLEMENTING DISCRETIONARY APPROVAL PROCESSES FOR
SUBDIVISIONS, REZONINGS, VARIANCES, OR OTHER PROCESSES IN TRANSIT
CENTERS OUTSIDE OF PROJECT-SPECIFIC ZONING STANDARDS;
(f) CREATING AN OPTIONAL DISCRETIONARY REVIEW PROCESS THAT
MAY APPROVE GREATER DENSITY OR OTHER MORE PERMISSIVE STANDARDS
THAN THE OBJECTIVE STANDARDS SUBJECT TO ADMINISTRATIVE APPROVAL IN
A TRANSIT CENTER;
(g) CREATING A DISCRETIONARY REVIEW PROCESS IN TRANSIT CENTERS
THAT IS AVAILABLE AT THE APPLICANT'S OPTION AND IS SUBJECT TO CRITERIA
CONSISTENT WITH THE PURPOSES OF THIS PART 2 AS ESTABLISHED IN SECTION
29-35-203 (2), INCLUDING PROCESSES SUCH AS PLANNED UNIT DEVELOPMENTS;
AND
(h) PUBLICLY DISCLOSING ANY CONFIDENTIAL INFORMATION RELATED
TO WATER SUPPLIES OR FACILITIES.".

Page 26, line 15, strike "AREAS" and substitute "AREAS, AS DEFINED IN THE
TRANSIT AREAS MAP CREATED PURSUANT TO SECTION 29-35-208 (1),".

Page 26, line 16 after "FORTY" insert "DWELLING".
Page 26, line 19, strike "APRIL" and substitute "JUNE".

Page 27, strike lines 12 through 20 and substitute:
"(4) Housing opportunity goal compliance. ON OR BEFORE
DECEMBER 31, 2027, A TRANSIT-ORIENTED COMMUNITY SHALL SATISFY THE
FOLLOWING CRITERIA, WHICH MUST BE SATISFIED TO QUALIFY AS A CERTIFIED
TRANSIT-ORIENTED COMMUNITY. A TRANSIT COMMUNITY SHALL:".

Page 27, line 21, strike "(I)" and substitute "(a)".

Page 27, line 24, strike "(II)" and substitute "(b)".

Page 27, line 27, strike "AND".

Page 28, line 1, strike "(III)" and substitute "(c)".

Page 28, line 3, strike "SECTION." and substitute "SECTION; AND
(d) THREE YEARS AFTER A SUBMITTING A HOUSING OPPORTUNITY GOAL
REPORT PURSUANT TO SUBSECTION (8) OF THIS SECTION, AND EVERY THREE
YEARS THEREAFTER, SUBMIT A STATUS REPORT PURSUANT TO SUBSECTION (9)
OF THIS SECTION THAT IS APPROVED BY THE DEPARTMENT.".

Page 28, line 7, strike "NOTIFY THE DEPARTMENT," and substitute "SUBMIT A
NOTICE,".

Page 28, line 8, strike "A WATER SUPPLY ENTITY," and substitute "THE SUPPLY
OF WATER FROM ALL WATER SUPPLY ENTITIES,".

Page 28, strike lines 9 through 11 and substitute:

"29-20-302 (2), THAT SERVE THE TRANSIT-ORIENTED COMMUNITY IS
INSUFFICIENT".

Page 28, line 12, strike "MOST RECENT" and substitute "NEXT".

Page 28, line 14, strike "GOAL IN THAT AREA." and substitute "GOAL.".

Page 28, line 15, strike "ENTITY" and substitute "ENTITIES".

Page 28, strike lines 20 through 24 and substitute:

"(I) AN ANALYSIS OF WATER DEMAND BASED ON:
(A) PROJECTED HOUSING AND POPULATION GROWTH, AS ESTIMATED BY
THE STATE DEMOGRAPHY OFFICE OR A RELEVANT METROPOLITAN PLANNING
ORGANIZATION; AND
(B) A REASONABLE ZONING CAPACITY BUFFER, AS ESTIMATED BASED
ON RELEVANT LOCAL, REGIONAL, OR STATE DATA.".

Page 29 strike lines 6 through 11 and substitute:

"(A) EVIDENCE THAT THE WATER SUPPLY ENTITY LACKS ADEQUATE
WATER SUPPLY TO PROVIDE THE AMOUNT WATER IDENTIFIED IN SUBSECTION
(5)(a)(II) OF THIS SECTION; AND
(B) A REQUEST FOR A MODIFICATION OF THE HOUSING OPPORTUNITY
GOAL DURING THE NEXT THREE YEAR PERIOD.".

Page 30, line 4, strike "29-35-209 (1)" and substitute "29-35-208 (1)".

Page 30, line 8, strike "29-35-209 (2)" and substitute "29-35-208 (2)".

Page 30, line 18, strike "29-35-209 (1)(e) AND 29-35-209 (2)(c)" and substitute
"29-35-208 (1)(e) AND 29-35-208 (2)(c)".

Page 30, line 27, strike "ANY" and substitute "ONE" and strike "STRATEGIES"
and substitute "STRATEGY".

Page 31, line 1 after "THE" insert "LONG-TERM".

Page 31, line 3, strike "29-35-210 (3)" and substitute "29-35-209 (3)".
Page 31, line 13, strike "PURSUANT TO SECTION".

Page 31, strike lines 14 through 16.

Page 31, line 17, strike "INFRASTRUCTURE GRANT PROGRAM GRANT." and
substitute "IF A TRANSIT-ORIENTED COMMUNITY CANNOT INCLUDE ANY OF THE
FOLLOWING ITEMS IN ITS HOUSING OPPORTUNITY GOAL REPORT ON OR BEFORE
DECEMBER 31, 2026, THE TRANSIT-ORIENTED COMMUNITY SHALL INDICATE
WHY IT CANNOT DO SO AND ITS PROGRESS TOWARDS BEING ABLE TO INCLUDE
THOSE ITEMS IN ITS HOUSING OPPORTUNITY GOAL REPORT.".

Page 31, line 23, strike "(4)(c)" and substitute "(4)(b)".

Page 32, line 25, strike "QUALIFIED" and substitute "CERTIFIED".

Page 33, strike lines 3 through 20.

Page 33, line 21, strike "(III)" and substitute "(c)".

Page 33, line 23, after "2027," insert "THE DEPARTMENT SHALL PROVIDE THE
TRANSIT-ORIENTED COMMUNITY WRITTEN NOTICE THAT".

Page 33, line 24, strike "2, AND THE DEPARTMENT MAY".

Page 33, strike lines 25 through 27 and substitute "2 AND IS NOT A CERTIFIED
TRANSIT-ORIENTED COMMUNITY.
(d) (I) THE DEPARTMENT SHALL IDENTIFY CERTIFIED TRANSIT-ORIENTED
COMMUNITIES FOR THE PURPOSE OF ESTABLISHING ELIGIBILITY FOR STATE
GRANT AND INCENTIVE PROGRAMS.
(II) PURSUANT TO SECTION 29-35-210 (5), A CERTIFIED
TRANSIT-ORIENTED COMMUNITY IS ELIGIBLE FOR THE AWARD OF A
TRANSIT-ORIENTED COMMUNITIES INFRASTRUCTURE GRANT PROGRAM GRANT.".

Page 34, line 1 strike "Progress" and substitute "Status".

Page 34, line 6, strike "MEETING THE REQUIRED".

Page 34, strike lines 7 through 9 and substitute "A CERTIFIED
TRANSIT-ORIENTED COMMUNITY.".

Page 34, line 17, strike "QUALIFIED" and substitute "CERTIFIED".

Page 34, line 27, after "WILL" insert "NOT".

Strike page 35.

Page 36, strike lines 1 through 18 and substitute "CERTIFIED TRANSIT-ORIENTED
COMMUNITY.".

Renumber succeeding C.R.S. sections accordingly.

Page 37, line 2, after "AREA." insert "AS PART OF THE GUIDANCE THE
DEPARTMENT DEVELOPS PURSUANT TO SECTION 29-35-208 (5), THE
DEPARTMENT SHALL PROVIDE LOCAL GOVERNMENTS WITH SIMPLE AND
EFFECTIVE METHODS OF CALCULATING NET HOUSING DENSITY.".

Page 37, line 4, strike "INCORPORATE ANY" and substitute "REFLECT ANY
SIGNIFICANT".

Page 37, line 9, strike "HEIGHT;" and substitute "HEIGHT. WHERE A
DIMENSIONAL RESTRICTION HAS MULTIPLE POTENTIAL OUTCOMES WITHIN THE
SAME ZONING DISTRICT OR WITHIN RELATED ZONING DISTRICTS, THE AVERAGE
OUTCOME OF THE DIMENSIONAL RESTRICTION MAY BE UTILIZED BY THE
TRANSIT-ORIENTED COMMUNITY TO MEASURE NET HOUSING DENSITY.".

Page 37, line 11, strike "SEVEN-TENTHS OF PARKING SPACES" and substitute
"THREE-FOURTHS OF A PARKING SPACE".

Page 37, line 13, strike "AND".
Page 37, after line 19 insert:

"(IV) NOTHING IN THIS SUBSECTION (1)(b) REQUIRES A LOCAL
GOVERNMENT TO INCLUDE AREAS OF INDIVIDUAL PARCELS REQUIRED FOR
STORMWATER DRAINAGE OR UTILITY EASEMENTS IN CALCULATING NET HOUSING
DENSITY; AND
(V) IF A PARCEL'S EXISTING RESIDENTIAL USES HAVE A HIGHER NET
HOUSING DENSITY THAN THE NET HOUSING DENSITY ALLOWED FOR THE PARCEL
BY CURRENT RESTRICTIONS IN LOCAL LAW, THE NET HOUSING DENSITY OF THE
EXISTING RESIDENTIAL USE MAY BE COUNTED;".

Page 38, strike lines 4 through 7 and substitute:

"(e) ENSURE THAT THE AREA OF A TRANSIT CENTER IS COMPOSED OF
PARCELS THAT ARE LOCATED WHOLLY OR PARTIALLY WITHIN EITHER:
(I) A TRANSIT AREA OR OPTIONAL TRANSIT AREA; OR
(II) ONE-QUARTER MILE FROM THE BOUNDARY OF A TRANSIT AREA OR
OPTIONAL TRANSIT AREA.".

Page 38, line 8, after "(2)" insert "(a)".

Page 38, line 9, after "MAY" insert "ONLY".

Page 38, strike lines 10 through 27.

Page 39, strike lines 1 through 16 and substitute:

"CENTER WITHIN AN OPTIONAL TRANSIT AREA AS DESCRIBED IN SECTION
29-35-208 (4), IF THE TRANSIT-ORIENTED COMMUNITY HAS PROVIDED
REASONABLE EVIDENCE IN THE HOUSING OPPORTUNITY GOAL REPORT
SUBMITTED PURSUANT TO SECTION 29-35-204 (8) THAT:
(I) TO THE MAXIMUM EXTENT FEASIBLE, AN AVERAGE NET HOUSING
DENSITY OF AT LEAST FORTY DWELLING UNITS PER ACRE IS ALLOWED ON ALL
PARCELS WITHIN THE TRANSIT AREA THAT ARE BOTH ONE-HALF ACRE OR MORE
IN SIZE AND NOT EXEMPT PARCELS; AND
(II) AREAS WITHIN THE OPTIONAL TRANSIT AREA HAVE FEWER BARRIERS
TO HOUSING DEVELOPMENT THAN AREAS WITHIN THE TRANSIT AREA.
(b) FOR PURPOSES OF SUBSECTION (2)(a)(II) OF THIS SECTION, BARRIERS
TO HOUSING DEVELOPMENT MAY INCLUDE:
(I) AN ANTICIPATED LACK OF WATER SUPPLY, AFTER ACCOUNTING FOR
A REASONABLE ZONING CAPACITY BUFFER;
(II) AN ANTICIPATED LACK OF SUFFICIENT FUTURE INFRASTRUCTURE
CAPACITY, INCLUDING WATER TREATMENT PLANTS, WASTEWATER TREATMENT
PLANTS, OR ELECTRICAL POWER NETWORKS IN THE AREA, AFTER ACCOUNTING
FOR A REASONABLE ZONING CAPACITY BUFFER;
(III) UNIQUE SITE CHARACTERISTICS WHICH CONTRIBUTE TO A HIGH
COST OF HOUSING DEVELOPMENT; OR
(IV) SITES THAT ARE INFEASIBLE FOR HOUSING DEVELOPMENT.".

Page 39, strike lines 21 through 23 and substitute "DEPARTMENT THAT MAY
INCLUDE DIFFERENT CRITERIA FOR VARYING REGIONAL AND LOCAL CONTEXTS,
IDENTIFY AREAS THAT MEET THE FOLLOWING CRITERIA:
(I) ALLOW A NET HOUSING DENSITY THAT SUPPORTS".

Page 39, line 24, strike "PEDESTRIAN-ORIENTED" and after "MIXED-USE" insert
"PEDESTRIAN-ORIENTED".

Page 39, line 27, strike "ESTABLISH" and substitute "WITHIN CENSUS
URBANIZED AREAS, AS DEFINED IN THE LATEST FEDERAL DECENNIAL CENSUS,
ESTABLISH".

Page 40, line 13, strike "OPTIONAL" and substitute "POTENTIAL".

Page 40, line 14, after "DEPARTMENT" insert "OF TRANSPORTATION".

Page 40, line 14, strike "29-35-208 (1)(c)." and substitute "29-35-207 (1)(c).".

Page 40, line 20, after "map" insert "- transit station area criteria - transit
corridor area criteria".
Page 40, lines 21 and 22, strike "JULY 31, 2024," and substitute "SEPTEMBER 30,
2024,".

Page 40, line 24, strike "MAP".

Page 40, strike lines 25 through 27.

Strike page 41.

Page 42, strike lines 1 through 11 and substitute:

"TRANSIT AREA MAP, OR TRANSIT AREA MAPS, BASED ON THE CRITERIA IN
SUBSECTIONS (2), (3), (4), (5) AND (6), OF THIS SECTION. ONLY TRANSIT AREAS
THAT ARE IDENTIFIED PURSUANT TO SUBSECTIONS (2) AND (3) OF THIS SECTION
AND IDENTIFIED ON A TRANSIT AREA MAP PURSUANT TO THIS SUBSECTION (1)
MUST BE INCLUDED IN THE CALCULATION OF A HOUSING OPPORTUNITY GOAL
PURSUANT TO SECTION 29-35-204 (2).
(2) Transit station criteria. THE DEPARTMENT SHALL DESIGNATE
TRANSIT STATION AREAS, FOR PURPOSES OF SUBSECTION (1) OF THIS SECTION,
BASED ON ROUTES IDENTIFIED IN AN APPLICABLE TRANSIT PLAN FOR EXISTING
STATIONS FOR:
(a) COMMUTER BUS RAPID TRANSIT;
(b) COMMUTER RAIL; AND
(c) LIGHT RAIL.
(3) Transit corridor area criteria. (a) THE DEPARTMENT SHALL
DESIGNATE TRANSIT CORRIDOR AREAS, FOR PURPOSES OF SUBSECTION (1) OF
THIS SECTION, BY IDENTIFYING TRANSIT ROUTES THAT MEET THE FOLLOWING
CRITERIA:
(I) AN URBAN BUS RAPID TRANSIT SERVICE THAT IS IDENTIFIED WITHIN:
(A) A METROPOLITAN PLANNING ORGANIZATION 'S
FISCALLY-CONSTRAINED, LONG-RANGE TRANSPORTATION PLAN ADOPTED PRIOR
TO JANUARY 1, 2024, AND PLANNED FOR IMPLEMENTATION, ACCORDING TO
THAT PLAN, PRIOR TO JANUARY 1, 2030; OR
(B) AN APPLICABLE TRANSIT PLAN THAT HAS BEEN PLANNED FOR
SHORT-TERM IMPLEMENTATION, ACCORDING TO THAT PLAN;
(II) A PUBLIC BUS ROUTE THAT:
(A) HAS A PLANNED FREQUENCY OR SCHEDULED FREQUENCY OF
FIFTEEN MINUTES OR MORE FREQUENT FOR EIGHT HOURS OR MORE ON
WEEKDAYS; AND
(B) IS IDENTIFIED WITHIN AN APPLICABLE TRANSIT PLAN FOR
SHORT-TERM IMPLEMENTATION OR IMPLEMENTATION BEFORE JANUARY 1, 2030,
ACCORDING TO THAT PLAN.
(b) FOR TRANSIT AGENCIES WITHIN METROPOLITAN PLANNING
ORGANIZATIONS THAT DO NOT HAVE APPLICABLE TRANSIT PLANS, THE
DEPARTMENT SHALL DESIGNATE TRANSIT CORRIDOR AREAS, FOR PURPOSES OF
SUBSECTION (1) OF THIS SECTION, BY IDENTIFYING ANY PUBLIC BUS ROUTES
WITH EXISTING TRANSIT SERVICE LEVELS AS OF JANUARY 1, 2024, WITH A
SCHEDULED FREQUENCY OF FIFTEEN MINUTES OR MORE FREQUENT DURING THE
HIGHEST FREQUENCY SERVICE HOURS.
(c) NOTWITHSTANDING SUBSECTION (3)(a) AND (3)(b) OF THIS SECTION,
THE DEPARTMENT SHALL NOT DESIGNATE TRANSIT CORRIDOR AREAS, FOR
PURPOSES OF SUBSECTION (1) OF THIS SECTION, WITHIN A TRANSIT-ORIENTED
COMMUNITY THAT HAS DESIGNATED TWENTY PERCENT OR MORE OF ITS AREA AS
A MANUFACTURED HOME ZONING DISTRICT AS OF JANUARY 1, 2024.
(4) Optional transit area criteria. (a) THE DEPARTMENT SHALL
DESIGNATE OPTIONAL TRANSIT AREAS, FOR PURPOSES OF SUBSECTION (1) OF
THIS SECTION, BASED ON THE FOLLOWING CRITERIA:
(I) A BUS RAPID TRANSIT SERVICE THAT IS IDENTIFIED WITHIN A
METROPOLITAN PLANNING ORGANIZATION'S FISCALLY-CONSTRAINED,
LONG-RANGE TRANSPORTATION PLAN ADOPTED PRIOR TO JANUARY 1, 2024,
AND INTENDED FOR IMPLEMENTATION AFTER JANUARY 1, 2030, AND BEFORE
DECEMBER 31, 2050;
(II) PUBLIC BUS ROUTES OTHER THAN THOSE IDENTIFIED IN SUBSECTION
(3)(a)(II)(B) OF THIS SECTION THAT OPERATE AT A FREQUENCY OF THIRTY
MINUTES OR MORE FREQUENT FOR EIGHT HOURS OR MORE ON WEEKDAYS AS
IDENTIFIED BY:
(A) EXISTING SERVICE AS OF JANUARY 1, 2024; OR
(B) IDENTIFIED WITHIN AN APPLICABLE TRANSIT PLAN; AND
(III) OTHER AREAS PLANNED AS A MIXED-USE PEDESTRIAN ORIENTED
NEIGHBORHOODS.
(b) FOR PURPOSES OF SUBSECTION (4)(a)(III) OF THIS SECTION, A
TRANSIT ORIENTED COMMUNITY MAY REQUEST THAT THE DEPARTMENT
DESIGNATE A MIXED-USE PEDESTRIAN-ORIENTED NEIGHBORHOOD AS AN
OPTIONAL TRANSIT AREA. THE DEPARTMENT SHALL REVIEW AND APPROVE OR
REJECT SUCH A REQUEST BASED ON WHETHER THE MIXED-USE
PEDESTRIAN-ORIENTED NEIGHBORHOOD FULFILLS THE GOALS OF THIS PART 2
ESTABLISHED IN SECTION 29-35-203 (2).
(5) Potential transit area criteria. (a) THE DEPARTMENT SHALL
DESIGNATE AN AREA AS A POTENTIAL TRANSIT AREA, FOR PURPOSES OF
SUBSECTION (1) OF THIS SECTION, IF IT CONSISTS OF CORRIDORS, AS IDENTIFIED
BY THE DEPARTMENT OF TRANSPORTATION THAT:
(I) INCLUDE MAJOR TRAVELSHEDS, AS DEFINED BY COMMON TRAVEL
PATTERNS IN AN AREA, THAT IMPACT ANTICIPATED NEW OR MODIFIED
INTERCHANGES ON STATE-OWNED HIGHWAYS; AND
(II) ARE OUTSIDE OF CENSUS URBANIZED AREAS, AS IDENTIFIED IN THE
LATEST FEDERAL DECENNIAL CENSUS;
(b) IN DESIGNATING POTENTIAL TRANSIT AREAS, FOR PURPOSES OF
SUBSECTION (1) OF THIS SECTION, THE DEPARTMENT SHALL ATTEMPT TO
IDENTIFY AREAS WHERE FUTURE TRANSIT SERVICE AND NEIGHBORHOOD
CENTERS COULD POTENTIALLY ALIGN TO PROVIDE INFORMATION FOR STATE,
REGIONAL, AND LOCAL PLANNING EFFORTS.
(c) IN UPDATING THE TRANSIT AREA MAP PURSUANT TO SUBSECTION (1)
OF THIS SECTION, THE DEPARTMENT SHALL IDENTIFY ANY NEIGHBORHOOD
CENTERS THAT A LOCAL GOVERNMENT HAS DESIGNATED WITHIN A POTENTIAL
TRANSIT AREA.".

Page 42, line 12, strike "(d)" and substitute "(6)".

Page 42, line 14, strike "(I)" and substitute "(a)".

Page 42, line 16, strike "(II)" and substitute "(b)".

Renumber succeeding subsection accordingly.

Page 42, line 19, strike "DECEMBER 1, 2024," and substitute "FEBRUARY 28,
2025,".

Page 42, strike lines 20 through 24 and substitute "AND GUIDANCE TO SATISFY
THE GOALS OF THIS PART 2 AS ESTABLISHED IN SECTION 29-35-203 (2) AND
INTERPRET THE DENSITY AND DIMENSIONAL STANDARDS ESTABLISHED IN
SECTION 29-35-206 (1)(b) OF THIS SECTION WITH THE INTENT OF PROVIDING
SIMPLE AND EFFICIENT METHODS FOR LOCAL GOVERNMENTS TO CALCULATE THE
NET HOUSING DENSITY OF TRANSIT CENTERS IN ORDER TO MEET THEIR HOUSING
OPPORTUNITY GOALS. IN PUBLISHING MODELS AND GUIDANCE, THE
DEPARTMENT SHALL ESTABLISH MODELS, GUIDANCE, AND TYPICAL BUILDING
TYPOLOGIES FOR LOCAL GOVERNMENTS WITH FORM-BASED CODES.".

Page 43, lines 7 and 8, strike "HOUSING PRODUCTION BY LEVERAGING PUBLIC
RESOURCES," and substitute "HOUSING,".

Page 44, strike line 9 and substitute:

"(h) ENACTING LOCAL LAWS THAT SUPPORT HOUSING FOR FAMILIES,
SUCH AS INCENTIVIZING CONSTRUCTION OF HOUSING UNITS WITH MULTIPLE
BEDROOMS; AND".

Reletter succeeding paragraph.

Page 45, strike lines 24 and 25.

Page 47, line 12, strike "RESIDENTS WHO" and substitute "HOUSEHOLDS THAT"
and strike "HOUSEHOLDS;" and substitute "RENTERS;".

Page 48, strike lines 3 through 24 and substitute:

"(3) ON OR BEFORE JUNE 30, 2025, THE DEPARTMENT SHALL DEVELOP
A LONG-TERM DISPLACEMENT MITIGATION STRATEGIES MENU THAT INCLUDES
THE FOLLOWING STRATEGIES:
(a) DEVELOPING A PROGRAM TO OFFER TECHNICAL ASSISTANCE AND
FINANCIAL SUPPORT FOR COMMUNITY ORGANIZATIONS TO DEVELOP
INDEPENDENT COMMUNITY LAND TRUSTS;
(b) PRIORITIZING SPENDING ON REGULATED AFFORDABLE HOUSING UNIT
PRESERVATION OR IMPLEMENTING OR CONTINUING DEED RESTRICTIONS FOR
REGULATED AFFORDABLE HOUSING UNITS;
(c) PROVIDING HOMESTEAD TAX EXEMPTIONS FOR EITHER LONG-TIME
HOMEOWNERS IN NEIGHBORHOODS THAT A DISPLACEMENT RISK ASSESSMENT
IDENTIFIES AS VULNERABLE TO DISPLACEMENT OR LOW- TO MODERATE-INCOME
HOMEOWNERS WITHIN, OR WITHIN ONE-HALF MILE OF, A DESIGNATED TRANSIT
CENTER;
(d) REQUIRING MULTIFAMILY HOUSING DEVELOPERS TO CREATE A
COMMUNITY BENEFITS AGREEMENT WITH AFFECTED POPULATIONS WITHIN
ONE-QUARTER MILE OF A DEVELOPMENT BUILT IN AN AREA THAT IS
VULNERABLE TO DISPLACEMENT;
(e) ENSURING NO NET LOSS WITHIN THE DESIGNATED AREA OF
AFFORDABLE UNITS SUCH THAT AFFORDABILITY LEVELS ARE EQUAL OR GREATER
THAN EXISTING LEVELS OF FAMILY SERVING UNITS THAT INCLUDE THREE OR
MORE BEDROOMS;
(f) ESTABLISHING A PROGRAM TO PROVIDE COMMUNITY OR SMALL
LOCAL BUSINESS INVESTMENT IN AN AREA THAT IS VULNERABLE TO
DISPLACEMENT; AND".

Reletter succeeding paragraph accordingly.

Page 49, line 2, strike "(3)." and substitute "(3)".

Page 49, line 20, strike "transit-oriented communities highway users tax
account -".

Page 50, line 18, strike "SUBJECT TO".

Page 50, strike lines 19 through 27.

Page 51, strike lines 1 and 2.

Page 51, strike lines 10 through 13 and substitute "DEPARTMENT.".

Page 51, line 15, strike "SECTION." and substitute "SECTION AND SHALL ONLY
AWARD GRANTS TO CERTIFIED TRANSIT-ORIENTED COMMUNITIES.".

Page 51, line 22, strike "CENTER;" and substitute "CENTER. IF A PROJECT IS A
LARGE-SCALE INFILL DEVELOPMENT PROJECT, SUBJECT TO A DISCRETIONARY
APPROVAL PROCESS, AND ADJACENT TO AN ESTABLISHED NEIGHBORHOOD, THE
DEPARTMENT SHALL GIVE PRIORITY TO SUCH A PROJECT IF A COMMUNITY
BENEFITS AGREEMENT HAS BEEN ESTABLISHED IN CONNECTION WITH THE
PROJECT.".

Page 52, line 12, strike "29-35-210;" and substitute "29-35-209;".

Page 52, line 20, strike "ACCOUNT" and substitute "FUND".

Page 53, line 7, strike "FUND, EXCLUSIVE OF MONEY IN THE ACCOUNT," and
substitute "FUND".

Page 53, strike lines 11 through 27.

Page 54, strike lines 1 through 4.

Page 54, strike lines 17 through 19.

Reletter succeeding paragraphs accordingly.

Page 56, after line 9 insert:

"SECTION 3. In Colorado Revised Statutes, 29-20-203, amend (1);
and add (1.5) as follows:
29-20-203. Conditions on land-use approvals. (1) In imposing
conditions upon the granting of land-use approvals, no local government shall
require an owner of private property to dedicate real property to the public, or
pay money or provide services to a public entity in an amount that is determined
on an individual and discretionary basis OR ON THE BASIS OF A LEGISLATIVELY
ADOPTED FORMULA OR CALCULATION, unless there is an essential nexus
between the dedication or payment and a legitimate local government interest,
and the dedication or payment is roughly proportional both in nature and extent
to the impact of the proposed use or development of such property. This section
shall not apply to any legislatively formulated assessment, fee, or charge that is
imposed on a broad class of property owners by a local government.
(1.5) WHEN REQUIRING AN OWNER OF PRIVATE PROPERTY TO DEDICATE
REAL PROPERTY TO THE PUBLIC, IF THE SUBJECT PROPERTY DOES NOT MEET
LOCAL GOVERNMENT STANDARDS FOR DEDICATION AS DETERMINED BY THE
LOCAL GOVERNMENT, INCLUDING DEDICATION TO THE PARKS, TRAILS, OR OPEN
SPACE SYSTEMS, A LOCAL GOVERNMENT SHALL PROVIDE THE PRIVATE PROPERTY
OWNER THE OPTION OF PAYING A FEE IN LIEU OF DEDICATION.".

Renumber succeeding sections accordingly.

Page 57, strike lines 11 through 27.

Strike pages 58 through 68 of the bill.

Page 69 of the bill, strike lines 1 through 22.

Renumber succeeding sections accordingly.

Page 69, after line 22 insert:

"SECTION 8. In Colorado Revised Statutes, 43-1-1103, add (5.5) as
follows:
43-1-1103. Transportation planning. (5.5) THE DEPARTMENT OF
TRANSPORTATION SHALL CONDUCT A STUDY THAT IDENTIFIES:
(a) POLICY BARRIERS AND OPPORTUNITIES WITHIN THE DEPARTMENT
THAT INCLUDES AN EXAMINATION OF POLICIES WITHIN THE STATE ACCESS CODE,
ROADWAY DESIGN STANDARDS, AND THE TREATMENT OF PEDESTRIAN AND
BICYCLE CROSSINGS. THE STUDY SHALL EXAMINE THE IMPACT OF THESE
POLICIES ON NEIGHBORHOOD CENTERS AND TRANSIT CENTERS, INCLUDING THE
IMPACT ON HOUSING PRODUCTION, THE IMPLEMENTATION OF
CONTEXT-SENSITIVE DESIGN, COMPLETE STREETS, AND PEDESTRIAN-BICYCLE
SAFETY MEASURES; AND
(b) THE PORTIONS OF STATE HIGHWAY THAT PASS THROUGH
LOCALLY-IDENTIFIED TRANSIT CENTERS AND NEIGHBORHOOD CENTERS THAT
ARE APPROPRIATE FOR CONTEXT-SENSITIVE DESIGN, COMPLETE STREETS AS
DEFINED IN THE "INFRASTRUCTURE INVESTMENT AND JOBS ACT", PUB.L. 117-5,
AND PEDESTRIAN-BICYCLE SAFETY MEASURES.".

Renumber the succeeding section accordingly.

Page 70, line 6, strike "29-35-211 (8)(a)(I)," and substitute "29-35-210
(8)(a)(I),".

Strike "29-35-207" and substitute "29-35-206" on: Page 22, line 8; and Page
55, lines 8, 16, and 25.

Strike "PROGRESS" and substitute "STATUS" on: Page 23, line 6; and Page 34,
lines 4, 10, 23, and 24.

Strike "29-35-206" and substitute "29-35-205" on: Page 23, line 27; Page 27,
line 23; Page 31, line 27; and Page 55, line 7.

Strike "29-35-209" and substitute "29-35-208" on: Page 30, line 21; and Page
52, line 5.

Strike "(4)" and substitute "(4)." on: Page 56, line 7; and Page 57, line 8.

Strike "(10)" and substitute "(10)." on: Page 56, line 9; and Page 57, line 8.


Senate Journal, May 3
After consideration on the merits, the Committee recommends that HB24-1313 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 21, after line 21 insert:

"(j) A PARCEL THAT IS:
(I) WITHIN A TRANSIT STATION AREA;
(II) SEPARATED BY A STATE-OWNED LIMITED-ACCESS HIGHWAY OR
RAILROAD TRACK FROM ALL EXITS TO THE TRANSIT STATION THAT IS USED TO
ESTABLISH THE TRANSIT STATION AREA REFERENCED IN SUBSECTION (1)(j)(I) OF
THIS SECTION; AND
(III) WHOLLY BEYOND AN AREA THAT IS REACHABLE BY A PERSON
WALKING A DISTANCE OF NO MORE THAN ONE-HALF MILE FROM THE TRANSIT
STATION REFERENCED IN SUBSECTION (1)(j)(II) OF THIS SECTION, AS
DESIGNATED BY THE WALKSHED MAP PUBLISHED BY THE DEPARTMENT
PURSUANT TO SECTION 29-35-207 (1)(e);".

Reletter succeeding paragraphs accordingly.

Amend the Local Government and Housing committee report, dated April 30,
2024, page 3, line 23, strike "EXPRESSLY".

Page 3, line 27, strike "OR".

Page 3, line 29, strike "25-15-323."." and substitute "25-15-323; OR
(III) RESTRICTIONS WITHIN A FLAMMABLE GAS OVERLAY ZONING
DISTRICT.".".

Page 5, line 38, strike "AND".

Page 5, line 40, strike "FACILITIES."." and substitute "FACILITIES;
(i) ALLOWING COMMERCIAL USES, BUSINESS USES, OR MIXED-USE
DEVELOPMENT ON A PARCEL IN A DESIGNATED TRANSIT CENTER; AND
(j) DENYING OR CONDITIONING DEVELOPMENT PROJECTS OR BUILDING
PERMIT APPROVALS FOR A FAILURE TO MEET THE REQUIREMENTS OF A TRAFFIC
STUDY THAT IS CONDUCTED USING OBJECTIVE STANDARDS.".".

Page 7, line 19, strike ""ONE"" and substitute ""TWO".".

Page 7, strike line 20.

Page 8, line 16, strike "GRANT."." and substitute "GRANT.
"(III) THE DEPARTMENT SHALL IDENTIFY CERTIFIED TRANSIT-ORIENTED
COMMUNITIES, INCLUDING COMPLIANCE WITH THE REQUIREMENTS FOR
AFFORDABILITY STRATEGIES IN SUBSECTION (8)(a)(IV) OF THIS SECTION AND
DISPLACEMENT MITIGATION STRATEGIES IN SUBSECTION (8)(a)(V) OF THIS
SECTION, FOR THE PURPOSES OF ESTABLISHING ELIGIBILITY FOR THE COLORADO
AFFORDABLE HOUSING IN TRANSIT-ORIENTED COMMUNITIES INCOME TAX
CREDIT IN PART 54 OF ARTICLE 22 OF TITLE 39.".

Page 42 of the bill, after line 17 insert:

"(e) IN PUBLISHING THE MAP DESCRIBED IN SUBSECTION (1)(a) OF THIS
SECTION, THE DEPARTMENT SHALL ALSO PUBLISH A WALKSHED MAP THAT
IDENTIFIES THE AREAS THAT ARE REACHABLE BY A PERSON WALKING A
DISTANCE OF NOT MORE THAN ONE-HALF MILE FROM A TRANSIT STATION WHERE
PART OF THE TRANSIT STATION AREA BASED ON THAT TRANSIT STATION IS
SEPARATED FROM ANY EXIT TO THE TRANSIT STATION BY A STATE-OWNED
LIMITED-ACCESS HIGHWAY OR RAILROAD TRACK, USING SIMPLE AND EFFICIENT
GEOSPATIAL ANALYSIS METHODS AND READILY AVAILABLE NETWORK DATA.".


Appro-
priations

Senate Journal, May 4
HB24-1313 by Representative(s) Woodrow and Jodeh; also Senator(s) Hansen and Winter F.--
Concerning measures to increase the affordability of housing in transit-oriented
communities, and, in connection therewith, making an appropriation.

Amendment No. 1, Local Government & Housing Committee Amendment.
(Printed in Senate Journal, May 1, page(s) 1194-1203 and placed in members' bill files.)

Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, May 3, page(s) 1316-1317 and placed in members' bill files.)

Amendment No. 3(L.108), by Senator Winter.

Amend reengrossed bill, page 21, line 8, strike "STORAGE;" and substitute
"STORAGE, AND PARCELS THAT ARE IDENTIFIED WITHIN THE UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY'S TOXIC RELEASE INVENTORY;".

Amendment No. 4(L.111), by Senator Winter.

Amend the Local Government and Housing committee report, dated April 30,
2024, page 1, line 17, strike "AGENCY"." and substitute "AGENCY,".".

Page 3, line 3, strike "29-35-204 (4)(a)."." and substitute "29-35-204 (4).".".

Page 4, strike line 8 and substitute "29-35-207 (4).".".

Page 4, line 14, strike "29-35-208 (3)."." and substitute "29-35-207 (3).".".

Page 4, line 18, strike "29-35-208 (2)."." and substitute "29-35-207 (2).".".

Page 5, line 4, strike "PROVIDE" and substitute "INCREASE OPPORTUNITIES TO
CONSTRUCT HOUSING NEAR TRANSIT IN ORDER TO PROVIDE".

Page 5, line 23, after "ALLOWED" insert "NET".

Page 5, line 37, strike "29-35-203 (2)," and substitute "SUBSECTION (2) OF THIS
SECTION,".

Page 5, line 39, strike "PUBLICLY" and substitute "NOT PUBLICLY".

Page 6, line 2, strike "29-35-208 (1),"." and substitute "29-35-207 (1),".".

Page 7, line 11, after "AMOUNT" insert "OF".

Page 7, line 12, strike "(5)(a)(II)" and substitute "(5)(a)(I)".

Page 7, line 14, strike "PERIOD."." and substitute "PERIOD BASED ON THE
ANALYSIS OF WATER DEMAND IDENTIFIED IN SUBSECTION (5)(a)(I) OF THIS
SECTION.".".

Page 8, line 13, strike "29-35-210 (5)," and substitute "29-35-210 (6),".

Page 8, line 28, strike "29-35-208 (5)," and substitute "29-35-207 (7),".

Page 9, line 15, strike ""(IV)" and substitute ""(II)".

Page 9, line 19, strike "(V)" and substitute "(III)".

Page 10, line 3, strike "29-35-208 (4)," and substitute "29-35-207 (4),".

Page 10, line 36, strike ""29-35-207".

Page 11, line 1, strike "(1)(c)."." and substitute ""29-35-207 (5).".".

Page 11, line 25, after "MEET" insert "ONE OR MORE OF".

Page 12, strike line 12 and substitute "FOR EIGHT HOURS OR MORE ON
WEEKDAYS.".

Page 12, strike lines 29 and 30 and substitute "PLANNED OR SCHEDULED
FREQUENCY OF THIRTY MINUTES OR MORE FREQUENT DURING THE HIGHEST
FREQUENCY SERVICE HOURS AS IDENTIFIED BY:".

Page 12, line 33, strike "A".

Page 13, line 26, strike "29-35-206 (1)(b)" and substitute "29-35-205 (1)(b)".

Page 17, line 15, strike ""(4)."" and substitute ""(5)."".

Amendment No. 5(L.112), by Senator Winter.

Amend reengrossed bill, page 23, strike lines 1 through 6.

Page 23, line 24, strike "(13)" and substitute "(12)".

Page 23, line 25, strike "(11)" and substitute "(10)".

Page 28, line 27, strike "THIS" and strike "(5)(a)(I);" and substitute "(5)(a)(I) OF
THIS SECTION;".

Page 29, line 15, strike "(5)(a)(II)" and substitute "(5)(a)(IV)".

Page 37, line 1, after "(b)" insert "(I)".

Page 37, line 4, strike "(I)" and substitute "(A)".

Page 37, line 10, strike "(II)" and substitute "(B)".

Page 37, line 14, strike "(III)" and substitute "(C)".

Page 42, line 13, strike "AREAS," and substitute "AREAS PURSUANT TO THIS
SECTION,".
Page 55, line 7, strike "29-35-206," and substitute "29-35-205,".

Page 55, line 15, strike "29-35-206," and substitute "29-35-205,".

Page 56, line 5, strike "29-35-102 (11)." and substitute "29-35-102 (12).".

Amendment No. 6(L.115), by Senator Winter.

Amend reengrossed bill, page 50, line 11, strike "AND".

Page 50, line 13, strike "ENGAGEMENT." and substitute "ENGAGEMENT; AND
(f) ACTIVITIES CONTRACTED BY AN AREA AGENCY ON AGING, AS
DEFINED IN SECTION 26-11-201 (2), TO A TRANSIT-ORIENTED COMMUNITY TO
PROVIDE SERVICES WITHIN, OR THAT BENEFIT, TRANSIT CENTERS AND
NEIGHBORHOOD CENTERS, AND THAT FURTHER THE GOALS OF THIS PART 2.".

Amendment No. 7(L.116), by Senator Winter.

Amend reengrossed bill, page 20, after line 27 insert:

"(b) ANY PART OF A PARCEL THAT, AS OF JANUARY 1, 2024, IS LOCATED
WITHIN AN UNINCORPORATED AREA AS DEFINED IN SECTION 29-35-202
(12)(d)(II), AND IS SERVED BY A DOMESTIC WATER AND SEWAGE TREATMENT
SYSTEM, AS DEFINED IN SECTION 24-65.1-104 (5), THAT IS OWNED BY A
MUNICIPALITY;".

Reletter succeeding paragraphs accordingly.

Page 21, line 6, strike "(1)(c)," and substitute "(1)(d),".

Amendment No. 8(L.118), by Senator Winter.

Amend the Local Government and Housing Committee Report, dated April 30,
2024, page 15, lines 24 and 25, strike "amend (1); and".

Page 15, line strike lines 26 through 28.

Page 16, strike lines 1 through 10 and substitute:

"29-20-203. Conditions on land-use approvals. (1.5) WHEN
REQUIRING AN OWNER OF PRIVATE PROPERTY TO".

Amendment No. 9(L.119), by Senator Winter.

Amend reengrossed bill, page 22, lines 9 and 10, strike "GOVERNMENT IN A
METROPOLITAN PLANNING ORGANIZATION." and substitute "GOVERNMENT.".

Page 39, line 19, strike "IN A METROPOLITAN PLANNING ORGANIZATION".

Amendment No. 10(L.120), by Senator Winter.

Amend reengrossed bill, page 20, after line 23 insert:

"(a) ANY PARCEL THAT A TRANSIT-ORIENTED COMMUNITY HAS APPLIED
TO THE DEPARTMENT FOR QUALIFICATION AS AN EXEMPT PARCEL BECAUSE THE
TRANSIT-ORIENTED COMMUNITY BELIEVES THE PARCEL CANNOT BE DEVELOPED
FOR REASONS INCLUDING HEALTH AND SAFETY, TOPOGRAPHY, OR PRACTICAL
LIMITATIONS AND FOR WHICH THE DEPARTMENT HAS APPROVED THE
TRANSIT-ORIENTED COMMUNITY'S APPLICATION ACCORDING TO A PROCESS
ESTABLISHED BY POLICIES AND PROCEDURES DEVELOPED BY THE
DEPARTMENT;".

Reletter succeeding paragraphs accordingly.

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





BILL HB24-1362


Short Title: Measures to Incentivize Graywater Use
Sponsors: M. Lukens (D) | M. Catlin (R) / D. Roberts (D) | C. Simpson (R)

Under current law, a board of county commissioners or governing body of a municipality (local government) may authorize the use of graywater within its jurisdiction. Graywater refers to certain types of wastewater that is collected from fixtures before it is treated and put to certain beneficial uses.

The act authorizes the installation of graywater treatment works in new construction projects and the use of graywater statewide; except that a local government:

APPROVED by Governor May 29, 2024

EFFECTIVE January 1, 2026
(Note: This summary applies to this bill as enacted.)



Status
3/6/2024 Introduced In House - Assigned to Agriculture, Water & Natural Resources
3/25/2024 House Committee on Agriculture, Water & Natural Resources Refer Amended to Finance
4/3/2024 House Committee on Finance Refer Unamended to House Committee of the Whole
4/4/2024 House Second Reading Special Order - Passed with Amendments - Committee
4/5/2024 House Third Reading Passed - No Amendments
4/8/2024 Introduced In Senate - Assigned to Agriculture & Natural Resources
4/18/2024 Senate Committee on Agriculture & Natural Resources Refer Amended - Consent Calendar to Senate Committee of the Whole
4/22/2024 Senate Second Reading Special Order - Passed with Amendments - Committee
4/23/2024 Senate Third Reading Passed - No Amendments
4/24/2024 House Considered Senate Amendments - Result was to Laid Over Daily
4/30/2024 House Considered Senate Amendments - Result was to Concur - Repass
5/16/2024 Sent to the Governor
5/16/2024 Signed by the President of the Senate
5/16/2024 Signed by the Speaker of the House
5/29/2024 Governor Signed

Amendment

House Journal, March 26
26 HB24-1362 be amended as follows, and as so amended, be referred to
27 the Committee on Finance with favorable
28 recommendation:
29
30 Amend printed bill, page 3, after line 5 insert:
31
32 "(c) A BOARD OF COUNTY COMMISSIONERS OR GOVERNING BODY
33 OF A MUNICIPALITY THAT HAS NOT PROHIBITED THE INSTALLATION OF
34 GRAYWATER TREATMENT WORKS PURSUANT TO SUBSECTION (2)(a)(I) OF
35 THIS SECTION, PRIOR TO INSTALLATION OF ANY GRAYWATER TREATMENT
36 WORKS, CONTINUES TO BE RESPONSIBLE FOR ADOPTING BUILDING CODES
37 THAT PREVENT GRAYWATER FROM ENTERING A POTABLE WATER SYSTEM
38 AND FOR REPORTING TO THE LOCAL WATER UTILITY THE PLANNED
39 INSTALLATION OF GRAYWATER SYSTEMS THAT REQUIRE BACKFLOW
40 PREVENTION CROSS-CONNECTION CONTROL DEVICES UNDER THE
41 COMMISSION'S RULES FOR THE PURPOSE OF SURVEYING AND TRACKING
42 SUCH DEVICES. FOR EACH LOCATION WITHIN A LOCAL GOVERNMENT'S
43 JURISDICTION AT WHICH GRAYWATER TREATMENT WORKS HAVE BEEN
44 INSTALLED, THE BUILDING DEPARTMENT OF THE LOCAL GOVERNMENT
45 SHALL PROVIDE THE ADDRESS OF THE LOCATION TO EACH WATER UTILITY
46 SERVING THAT LOCATION.".
47
48 Page 3, after line 15 insert:
49
50 "(4) UNLESS A BOARD OF COUNTY COMMISSIONERS OR GOVERNING
51 BODY OF A MUNICIPALITY ADOPTS A RESOLUTION OR AN ORDINANCE TO
52 THE CONTRARY, A PERSON MAY INSTALL INDOOR GRAYWATER TREATMENT
53 WORKS PURSUANT TO SUBSECTION (1) OF THIS SECTION ONLY IN NEW
54 CONSTRUCTION PROJECTS.".
55
1 Amend printed bill, page 7, strike lines 22 through 27.
2
3 Strike pages 8, 9, and 10.
4
5 Renumber succeeding section accordingly.
6
7 Strike page 11 and substitute:
8
9 "SECTION 6. Act subject to petition - effective date. This act
10 takes effect January 1, 2026; except that, if a referendum petition is filed
11 pursuant to section 1 (3) of article V of the state constitution against this
12 act or an item, section, or part of this act within the ninety-day period
13 after final adjournment of the general assembly, then the act, item,
14 section, or part will not take effect unless approved by the people at the
15 general election to be held in November 2024 and, in such case, will take
16 effect January 1, 2026, or on the date of the official declaration of the
17 vote thereon by the governor, whichever is later.".
18
19

Senate Journal, April 19
After consideration on the merits, the Committee recommends that HB24-1362 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation and with a recommendation that it be placed on the Consent
Calendar.

Amend reengrossed bill, page 4, after line 8 insert:

"(5) NOTHING IN THIS SECTION REQUIRES THE PUBLIC DISCLOSURE OF
CONFIDENTIAL INFORMATION RELATED TO WATER RIGHTS, WATER SUPPLY, OR
WATER FACILITIES.".


Agriculture &
Natural
Resources




BILL HB24-1379


Short Title: Regulate Dredge & Fill Activities in State Waters
Sponsors: J. McCluskie (D) | K. McCormick (D) / D. Roberts (D) | B. Kirkmeyer (R)

The act requires the water quality control commission (commission) in the department of public health and environment (department) to promulgate rules by December 31, 2025, as necessary to implement a state dredge and fill discharge authorization program (program) and requires the division of administration (division) in the department to administer and enforce authorizations for activities that will result in discharges of dredged or fill material into state waters. The rules must focus on avoidance and minimization of adverse impacts and on compensation for unavoidable adverse impacts of dredge and fill activity (activity) and must incorporate the guidelines developed pursuant to section 404 (b)(1) of the federal "Clean Water Act", unless the commission determines, based on a demonstration at a public rule-making hearing, that the guidelines are not protecting state waters. The act specifies certain content that the commission must include in the rules and other content that the commission may include in the rules.

The act establishes duties for the division in administering the program. The division must issue individual authorizations consistent with the rules promulgated by the commission. The division must act upon an application for an individual authorization within 2 years after receiving a complete application, although this period may be extended under certain circumstances.

The division must issue general authorizations for the discharge of dredged or fill material into state waters from certain categories of activities that are similar in nature and have minimal individual and cumulative adverse impacts on state waters and the environment. Beginning January 1, 2025, until the rules are promulgated and the division issues general authorizations under the rules, the nationwide and regional general permits issued by the United States Army corps of engineers constitute valid authorizations to discharge dredged or fill material into state waters that are not subject to federal jurisdiction.

As expeditiously as is prudent and feasible, the division must issue a statewide general authorization for discharges to isolated wetlands, isolated ponds and impoundments, and isolated ordinary highwater mark reaches (isolated state waters). The statewide general authorization to isolated state waters does not include certain state waters, must identify best management practices to protect isolated state waters, must not require preconstruction notification, and must not authorize a project where the entire project's unavoidable adverse impacts exceed one-tenth of an acre of wetlands or three-hundredths of an acre of streambed. The authorization term of the statewide general authorization for discharges to isolated state waters is 5 years.

The division must include compensatory mitigation requirements in all individual authorizations and in general authorizations where the division determines that the proposed discharge of dredged or fill material will result in greater than one-tenth of an acre of unavoidable adverse impacts to wetlands or greater than three-hundredths of an acre of unavoidable impacts to streams. Compensatory mitigation must compensate for all functions of state waters that will be lost as a result of the authorized activity.

The division must utilize the existing structure of preconstruction notifications in the nationwide and regional permits established by the United States Army corps of engineers, including general authorizations for categories of activities that do not require preconstruction notification.

The division may include conditions in a notice of authorization, on a case-by-case basis, to clarify the terms and conditions of a general authorization or to ensure that an activity will have only minimal individual and cumulative adverse impacts on state waters.

The division may establish guidance to assist in administering the program. The division may, to the extent resources allow, establish one or more staff positions in the western slope region of the state to assist with dredge and fill program administration in that geographic area.

Until the rules become effective and the division issues general authorizations under the rules:

The act deems certain activities exempt and therefore does not require a discharge authorization for, or otherwise require regulation of, such activities. The act also excludes certain types of waters from the act's regulatory requirements. The act clarifies that "state waters" includes wetlands.

For the 2024-25 state fiscal year and for each state fiscal year thereafter, if the total number of issued authorizations exceeds or is projected to exceed 110 authorizations, the department must seek a supplemental appropriation from the general assembly to pay the costs of processing the authorizations and to ensure that authorizations are processed in a timely manner.

The act requires the commission to establish by rule on or before December 31, 2025, authorization fees for the program. Collected fees are credited to the existing clean water cash fund.

In current law, with certain exceptions, an applicant for any water diversion, delivery, or storage facility that requires an application for a permit, license, or other approval from the United States must inform the Colorado water conservation board, the parks and wildlife commission, and the division of parks and wildlife of its application and submit a mitigation proposal. The act extends the same requirement to applicants for certain activities that require an individual authorization from the division.

Current law requires the division to report annually to the general assembly concerning water quality control matters. The act requires the division to include in this annual report certain specific information concerning the implementation of the program. On a quarterly basis, the division must also report to the joint budget committee the number of individual dredge and fill authorizations and notices of authorization that the division projects to issue for the fiscal year.

For the 2026-27 state fiscal year and for each state fiscal year thereafter, the state treasurer must transfer $248,304 from the general fund to the clean water cash fund. On July 1, 2024, the state treasurer must transfer $748,000 from the severance tax operational fund to the clean water cash fund for use by the department in administering the program.

For the 2024-25 state fiscal year, the act appropriates $747,639 to the department from the clean water cash fund. Any money not expended prior to July 1, 2025, is further appropriated to the department for the 2025-26 state fiscal year.

APPROVED by Governor May 29, 2024

EFFECTIVE May 29, 2024
(Note: This summary applies to this bill as enacted.)



Status
3/20/2024 Introduced In House - Assigned to Agriculture, Water & Natural Resources
4/8/2024 House Committee on Agriculture, Water & Natural Resources Refer Amended to Finance
4/15/2024 House Committee on Finance Refer Unamended to Appropriations
4/23/2024 House Committee on Appropriations Refer Amended to House Committee of the Whole
4/25/2024 House Second Reading Laid Over Daily - No Amendments
4/26/2024 House Second Reading Special Order - Passed with Amendments - Committee, Floor
4/29/2024 House Third Reading Passed with Amendments - Floor
5/2/2024 Introduced In Senate - Assigned to Finance
5/3/2024 Senate Committee on Finance Refer Amended to Appropriations
5/4/2024 Senate Committee on Appropriations Refer Unamended - Consent Calendar to Senate Committee of the Whole
5/4/2024 Senate Second Reading Special Order - Passed with Amendments - Committee
5/6/2024 Senate Third Reading Passed - No Amendments
5/6/2024 House Considered Senate Amendments - Result was to Concur - Repass
5/16/2024 Sent to the Governor
5/16/2024 Signed by the President of the Senate
5/16/2024 Signed by the Speaker of the House
5/29/2024 Governor Signed

Amendment

House Journal, April 9
35 HB24-1379 be amended as follows, and as so amended, be referred to
36 the Committee on Finance with favorable
37 recommendation:
38
39 Amend printed bill, page 5, line 13, strike "WATER," and substitute
40 "WATER AND WILDLIFE HABITATS,".
41
42 Page 7, after line 14 insert:
43
44 "(a) "AQUATIC ECOSYSTEM" MEANS STATE WATERS THAT SERVE AS
45 HABITAT FOR INTERRELATED AND INTERACTING COMMUNITIES AND
46 POPULATIONS OF PLANTS AND ANIMALS.".
47
48 Reletter succeeding paragraphs accordingly.
49
50 Page 8, line 3, strike "(3)(d)(II)" and substitute "(3)(e)(II)".
51
52 Page 9, line 5, strike "(3)(e)(II)" and substitute "(3)(f)(II)".
53
54 Page 11, line 6, strike "AND" and substitute "GEOMORPHIC, OR".
55
1 Page 11, line 9, strike "(3)(k)(III)" and substitute "(3)(l)(III)".
2
3 Page 11, strike lines 19 through 27.
4
5 Page 12, strike line 1.
6
7 Reletter succeeding paragraphs accordingly.
8
9 Page 12, line 18, after "fill" insert "discharge".
10
11 Page 13, strike lines 8 through 14 and substitute:
12
13 "(D) DETAILS CONCERNING THE DIVISION'S CONSULTATION WITH
14 FEDERAL, STATE, LOCAL, AND TRIBAL ENTITIES, ESPECIALLY THOSE
15 ENTITIES WITH SPECIAL EXPERTISE WITH RESPECT TO ANY
16 ENVIRONMENTAL-, NATURAL RESOURCE-, OR AGRICULTURE-RELATED
17 ISSUE; AND
18 (II) MAY INCLUDE:
19 (A) FURTHER CLARIFICATION OF THE TERMINOLOGY USED TO".
20
21 Page 13, line 18, strike "(C)" and substitute "(B)".
22
23 Page 13, line 22, strike "(4)(a)(II)(C)," and substitute "(4)(a)(II)(B),".
24
25 Page 13, strike lines 24 and 25 and substitute "SHORT DURATION AS THE
26 DIRECT RESULT OF, PRECIPITATION EVENTS AND THAT HAS A CHANNEL
27 BOTTOM THAT IS ALWAYS ABOVE".
28
29 Page 14, strike lines 15 through 22 and substitute "THE AQUATIC
30 ECOSYSTEM SO LONG AS THE ALTERNATIVE DOES NOT HAVE OTHER
31 SIGNIFICANT ADVERSE ENVIRONMENTAL CONSEQUENCES. THE RULES MUST
32 ALSO INCLUDE CRITERIA FOR THE DIVISION TO USE TO IMPLEMENT THE
33 PROHIBITION, INCLUDING CONSIDERATION OF THE FEASIBILITY OF
34 SECURING NECESSARY WATER RIGHTS IN".
35
36 Page 15, strike line 2 and substitute:
37
38 "(C) ADDRESS THE DIRECT, INDIRECT, AND CUMULATIVE IMPACTS
39 OF THE".
40
41 Page 16, line 10, after "AND" insert "THEN".
42
43 Page 16, lines 17 and 18, strike "THE AQUATIC ENVIRONMENT." and
44 substitute "AQUATIC ECOSYSTEMS.".
45
46 Page 16, line 24, after "RESTORATION" insert "AND ENHANCEMENT".
47
48 Page 16, strike lines 26 and 27.
49
50 Page 17, strike lines 1 through 5.
51
52 Renumber succeeding subparagraphs accordingly.
53
54 Page 17, line 10, strike "(5)(b)(III):" and substitute "(5)(b)(II):".
55
1 Page 17, line 22, strike "(5)(b)(III)(B)," and substitute "(5)(b)(II)(B),".
2
3 Page 18, line 23, strike "ENGINEERS AND ISSUE" and substitute
4 "ENGINEERS, INCLUDING".
5
6 Page 19, strike lines 18 and 19 and substitute "DIVISION'S OBJECTIONS
7 WITH SPECIFICITY, IS SUBJECT TO DIRECT JUDICIAL REVIEW UNDER SECTION
8 25-8-404, AND IS NOT SUBJECT TO ADMINISTRATIVE RECONSIDERATION
9 UNDER SECTION 25-8-403.".
10
11 Page 19, after line 26 insert:
12
13 "(f) Administrative guidance. THE DIVISION MAY ESTABLISH
14 GUIDANCE TO ASSIST IN ADMINISTERING THE DREDGE AND FILL DISCHARGE
15 AUTHORIZATION PROGRAM. ADDITIONALLY, THE DIVISION MAY RELY UPON
16 RELEVANT GUIDANCE FROM THE FEDERAL ENVIRONMENTAL PROTECTION
17 AGENCY AND THE UNITED STATES ARMY CORPS OF ENGINEERS, INCLUDING
18 TECHNICAL GUIDANCE AND ENVIRONMENTAL ANALYSES UNDER THE
19 FEDERAL "NATIONAL ENVIRONMENTAL POLICY ACT OF 1969", 42 U.S.C.
20 SEC. 4231 ET SEQ., AS AMENDED, IN ADMINISTERING THE PROGRAM, TO THE
21 EXTENT SUCH GUIDANCE IS CONSISTENT WITH THIS SECTION AND THE
22 COMMISSION'S RULES.
23 (g) Western slope staff. THE DIVISION MAY, TO THE EXTENT
24 RESOURCES ALLOW, ESTABLISH ONE OR MORE STAFF POSITIONS IN THE
25 WESTERN SLOPE REGION OF THE STATE TO ASSIST WITH DREDGE AND FILL
26 PROGRAM ADMINISTRATION IN THAT GEOGRAPHIC AREA.".
27
28 Page 21, line 7, strike "material".
29
30 Page 21, strike lines 19 through 27 and substitute:
31
32 "(I) ACTIVITIES IN RECEIPT OF AN ACTIVE SECTION 404 PERMIT
33 THAT WAS ISSUED PRIOR TO MAY 25, 2023;
34 (II) ACTIVITIES IN RECEIPT OF AN UNEXPIRED APPROVED
35 JURISDICTIONAL DETERMINATION ISSUED BY THE UNITED STATES ARMY
36 CORPS OF ENGINEERS PRIOR TO MAY 25, 2023, FINDING THAT THE STATE
37 WATERS INTO WHICH THE PROPOSED DISCHARGE OF DREDGED OR FILL
38 MATERIAL WILL OCCUR ARE NOT WATERS OF THE UNITED STATES;
39 (III) ACTIVITIES IN RECEIPT OF AN ACTIVE SECTION 404 PERMIT
40 THAT WAS ISSUED ON OR AFTER MAY 25, 2023, EXCEPT TO THE EXTENT
41 THAT THE PROJECT AREA OF THE SECTION 404 PERMIT INVOLVES A
42 DISCHARGE OF DREDGED OR FILL MATERIAL INTO STATE WATERS THAT
43 HAVE BEEN DETERMINED BY THE UNITED STATES ARMY CORPS OF
44 ENGINEERS TO NOT BE WATERS OF THE UNITED STATES;".
45
46 Page 22, strike lines 16 through 19 and substitute "STRUCTURES.
47 (VI) CONSTRUCTION OR MAINTENANCE OF FARM PONDS, STOCK
48 PONDS, AND IRRIGATION DITCHES USED ONLY FOR AGRICULTURAL
49 PURPOSES OR MAINTENANCE OF DRAINAGE DITCHES AND IRRIGATION
50 DITCHES THAT ALSO CARRY WATER FOR MUNICIPAL OR INDUSTRIAL USE.
51 AS".
52
53 Page 23, strike lines 18 and 19 and substitute:
54
55
1 "(C) "MAINTENANCE" PERTAINING TO AN IRRIGATION DITCH, A
2 DRAINAGE DITCH, OR A DITCH THAT CARRIES RAW WATER FOR MUNICIPAL
3 OR INDUSTRIAL USE INCLUDES A REPAIR TO AN EXISTING STRUCTURE OR".
4
5 Page 25, strike lines 7 through 9 and substitute "ROADSIDE DITCHES, AND
6 IRRIGATION DITCHES THAT ARE EXCAVATED ON UPLAND;
7 (II) STORM WATER CONTROL FEATURES THAT ARE CONSTRUCTED
8 TO CONVEY, TREAT, OR STORE STORM WATER AND THAT ARE CREATED IN
9 UPLAND;".
10
11 Renumber succeeding subparagraphs accordingly.
12
13 Page 25, strike lines 14 through 16 and substitute "THAT ARE USED
14 EXCLUSIVELY FOR STOCK WATERING, IRRIGATION, SETTLING BASINS, OR
15 RICE GROWING;".
16
17 Page 26, line 1, strike "(8)(d)(VII)," and substitute "(8)(d)(VIII),".
18
19 Page 26, line 7, strike "(8)(d)(VIII)," and substitute "(8)(d)(IX),".
20
21 Page 26, line 14, strike "(8)(d)(VIII)," and substitute "(8)(d)(IX),".
22
23

House Journal, April 23
50 HB24-1379 be amended as follows, and as so amended, be referred to
51 the Committee of the Whole with favorable
52 recommendation:
53
54 Amend printed bill, page 28, strike lines 23 through 27.
55
56 Strike page 29 and substitute:
1 "SECTION 6. In Colorado Revised Statutes, 39-29-109.3, amend
2 (1) introductory portion; and add (11) as follows:
3 39-29-109.3. Severance tax operational fund - core reserve -
4 grant program reserve - definitions - repeal. (1) The executive director
5 of the department of natural resources shall submit with the department's
6 budget request for each fiscal year a list and description of the programs
7 the executive director recommends to be funded from the severance tax
8 operational fund created in section 39-29-109 (2)(b), referred to in this
9 section as the "operational fund". Except as otherwise provided in
10 subsection (10) SUBSECTIONS (10) AND (11) of this section, the general
11 assembly may appropriate money from the total money available in the
12 operational fund to fund recommended programs as follows:
13 (11) (a) ON JULY 1, 2024, THE STATE TREASURER SHALL TRANSFER
14 SEVEN HUNDRED FORTY-EIGHT THOUSAND DOLLARS FROM THE
15 OPERATIONAL FUND TO THE CLEAN WATER CASH FUND CREATED IN
16 SECTION 25-8-210 (4) FOR USE BY THE DEPARTMENT OF PUBLIC HEALTH
17 AND ENVIRONMENT IN ADMINISTERING THE PROGRAM DESCRIBED IN
18 SECTION 25-8-205.1.
19 (b) ON JULY 1, 2025, THE STATE TREASURER SHALL TRANSFER
20 SEVEN HUNDRED FORTY-EIGHT THOUSAND DOLLARS FROM THE
21 OPERATIONAL FUND TO THE CLEAN WATER CASH FUND CREATED IN
22 SECTION 25-8-210 (4) FOR USE BY THE DEPARTMENT OF PUBLIC HEALTH
23 AND ENVIRONMENT IN ADMINISTERING THE PROGRAM DESCRIBED IN
24 SECTION 25-8-205.1.
25 (c) THIS SUBSECTION (11) IS REPEALED, EFFECTIVE JULY 1, 2027.
26 SECTION 7. In Colorado Revised Statutes, 25-8-210, add
27 (4)(a)(I.5) and (4)(d) as follows:
28 25-8-210. Fees established administratively - rules -
29 stakeholding requirement - phase-in period - clean water cash fund
30 - creation - repeal. (4) (a) The clean water cash fund is created in the
31 state treasury. The fund consists of:
32 (I.5) MONEY THAT THE GENERAL ASSEMBLY TRANSFERS TO THE
33 FUND PURSUANT TO SUBSECTION (4)(d) OF THIS SECTION;
34 (d) FOR THE 2026-27 STATE FISCAL YEAR AND FOR EACH STATE
35 FISCAL YEAR THEREAFTER, THE STATE TREASURER SHALL TRANSFER TWO
36 HUNDRED FORTY-EIGHT THOUSAND THREE HUNDRED FOUR DOLLARS FROM
37 THE GENERAL FUND TO THE CLEAN WATER CASH FUND.
38 SECTION 8. Appropriation. (1) For the 2024-25 state fiscal
39 year, $747,639 is appropriated to the department of public health and
40 environment. This appropriation is from the clean water cash fund created
41 in section 25-8-210 (4)(a), C.R.S. Any money appropriated in this section
42 not expended prior to July 1, 2025, is further appropriated to the
43 department for the 2025-26 state fiscal year for the same purpose. To
44 implement this act, the department may use this appropriation as follows:
45 (a) $726,900 for use by the water quality control division for clean
46 water program costs, which amount is based on an assumption that the
47 division will require an additional 8.7 FTE; and
48 (b) $20,739 for the purchase of legal services.
49 (2) For the 2024-25 state fiscal year, $20,739 is appropriated to
50 the department of law. This appropriation is from reappropriated funds
51 received from the department of public health and environment under
52 subsection (1)(b) of this section and is based on an assumption that the
53 department of law will require an additional 0.1 FTE. To implement this
54 act, the department of law may use this appropriation to provide legal
55 services for the department of public health and environment.
1 SECTION 9. Safety clause. The general assembly finds,
2 determines, and declares that this act is necessary for the immediate
3 preservation of the public peace, health, or safety or for appropriations for
4 the support and maintenance of the departments of the state and state
5 institutions.".
6
7 Page 1, line 102, strike "ACTION." and substitute "ACTION, AND, IN
8 CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
9
10

House Journal, April 26
40 Amendment No. 1, Appropriations Report, dated April 23, 2024, and
41 placed in member's bill file; Report also printed in House Journal,
42 April 23, 2024.
43
44 Amendment No. 2, Agriculture, Water & Natural Resources Report, dated
45 April 8, 2024, and placed in member's bill file; Report also printed in
46 House Journal, April 9, 2024.
47
48 Amendment No. 3, by Speaker McCluskie:
49
50 Amend the Appropriations Committee Report, dated April 23, 2024, page
51 1, strike lines 21 through 26.
52
53 Reletter succeeding paragraph accordingly.
54
55

House Journal, April 29
30 Amend engrossed bill, page 11, line 22, strike "(3)(l)(III)" and substitute
31 "(3)(m)(III)".
32
33 Page 14, line 14, strike "AND".
34
35 Page 18, line 9, strike "EFFECTS" and substitute "IMPACTS".
36
37 Page 25, line 24, strike "(8)(b)(IV)," and substitute "(8)(b)(V),".
38
39 Page 26, line 18, strike "(8)(b)(VI):" and substitute "(8)(b)(VII):".
40
41 Page 34, line 11, strike "(1)(d)" and substitute "(1)(d), (4)(a)(I.5), and
42 (4)(d)".
43
44 Page 34, after line 21 insert:
45
46 "(4) (a) The clean water cash fund is created in the state treasury.
47 The fund consists of:
48 (I.5) MONEY THAT THE GENERAL ASSEMBLY TRANSFERS TO THE
49 FUND PURSUANT TO SUBSECTION (4)(d) OF THIS SECTION;
50 (d) FOR THE 2026-27 STATE FISCAL YEAR AND FOR EACH STATE
51 FISCAL YEAR THEREAFTER, THE STATE TREASURER SHALL TRANSFER TWO
52 HUNDRED FORTY-EIGHT THOUSAND THREE HUNDRED FOUR DOLLARS FROM
53 THE GENERAL FUND TO THE CLEAN WATER CASH FUND.".
54
55
1 Page 36, strike lines 20 to 27.
2
3 Page 37, strike lines 1 to 4.
4
5 Renumber succeeding sections accordingly.
6
7 The amendment was declared passed by the following roll call vote:
8
9 YES 58 NO 4 EXCUSED 3 ABSENT
10 Amabile Y English Y Lindstedt Y Sirota Y
11 Armagost Y Epps Y Luck N Snyder Y
12 Bacon Y Evans Y Lukens Y Soper Y
13 Bird Y Frizell Y Lynch Y Story Y
14 Bockenfeld E Froelich Y Mabrey Y Taggart Y
15 Boesenecker Y Garcia Y Marshall Y Titone Y
16 Bottoms N Hamrick Y Martinez Y Valdez Y
17 Bradfield Y Hartsook Y Marvin Y Velasco Y
18 Bradley Y Hernandez Y Mauro Y Vigil Y
19 Brown Y Herod Y McCormick Y Weinberg N
20 Catlin Y Holtorf N McLachlan Y Weissman Y
21 Clifford Y Jodeh Y Ortiz Y Willford Y
22 Daugherty Y Joseph Y Parenti Y Wilson Y
23 DeGraaf Y Kipp Y Pugliese Y Winter T. Y
24 deGruy Kennedy E Lieder Y Ricks E Woodrow Y
25 Duran Y Lindsay Y Rutinel Y Young Y
26 Speaker Y
27
28 As shown by the following roll call vote, a majority of all members
29 elected to the House voted in the affirmative, and Speaker McCluskie was
30 given permission to offer a Third Reading amendment:
31
32 YES 56 NO 7 EXCUSED 2 ABSENT
33 Amabile Y English Y Lindstedt Y Sirota Y
34 Armagost Y Epps Y Luck N Snyder Y
35 Bacon Y Evans Y Lukens Y Soper Y
36 Bird Y Frizell Y Lynch Y Story Y
37 Bockenfeld E Froelich Y Mabrey Y Taggart Y
38 Boesenecker Y Garcia Y Marshall Y Titone Y
39 Bottoms N Hamrick Y Martinez Y Valdez Y
40 Bradfield N Hartsook Y Marvin Y Velasco Y
41 Bradley Y Hernandez Y Mauro Y Vigil Y
42 Brown Y Herod Y McCormick Y Weinberg N
43 Catlin Y Holtorf N McLachlan Y Weissman Y
44 Clifford Y Jodeh Y Ortiz Y Willford Y
45 Daugherty Y Joseph Y Parenti Y Wilson Y
46 DeGraaf N Kipp Y Pugliese Y Winter T. Y
47 deGruy Kennedy Y Lieder Y Ricks E Woodrow N
48 Duran Y Lindsay Y Rutinel Y Young Y
49 Speaker Y
50
51 Third Reading amendment No. 2, by Speaker McCluskie:
52
53 Amend engrossed bill, page 12, strike lines 17 and 18 and substitute
54 "SURROUNDED BY UPLANDS. "ISOLATED WETLANDS"".
55
1 Page 18, line 3, strike "THE" and substitute "IN ADDITION TO THE
2 DIVISION'S AUTHORITY IN SUBSECTION (5)(b)(III) OF THIS SECTION TO
3 ISSUE A STATEWIDE GENERAL AUTHORIZATION FOR DISCHARGES TO
4 ISOLATED STATE WATERS, THE".
5
6 Page 20, after line 20 insert:
7 "(F) THE AUTHORIZATION TERM OF THE STATEWIDE GENERAL
8 AUTHORIZATION FOR DISCHARGES TO ISOLATED STATE WATERS IS FIVE
9 YEARS.".
10
11 Page 26, line 13, after "LAGOONS," insert "SPRINGS,".
12
13 Page 26, lines 16 and 17, strike "WHERE AT LEAST FORTY-FIVE PERCENT
14 OF THE WATER IN THE DITCHES IS" and substitute "THAT DOES NOT CARRY
15 WATER PRIMARILY".
16
17 Page 27, line 12, after "SYSTEMS," insert "RETURN STRUCTURES,".
18
19 Page 27, strike line 14 and substitute "WATER THAT IS USED PRIMARILY
20 FOR IRRIGATION,".
21
22 Page 27, strike lines 18 through 27.
23
24 Page 28, strike lines 1 through 15 and substitute "DITCH AND NOT A
25 DRAINAGE DITCH.".
26
27 Reletter succeeding sub-subparagraphs accordingly.
28
29 The amendment was declared passed by the following roll call vote:
30
31 YES 56 NO 7 EXCUSED 2 ABSENT
32 Amabile Y English Y Lindstedt Y Sirota Y
33 Armagost Y Epps Y Luck N Snyder Y
34 Bacon Y Evans Y Lukens Y Soper N
35 Bird Y Frizell N Lynch Y Story Y
36 Bockenfeld E Froelich Y Mabrey Y Taggart Y
37 Boesenecker Y Garcia Y Marshall Y Titone Y
38 Bottoms N Hamrick Y Martinez Y Valdez Y
39 Bradfield N Hartsook Y Marvin Y Velasco Y
40 Bradley N Hernandez Y Mauro Y Vigil Y
41 Brown Y Herod Y McCormick Y Weinberg Y
42 Catlin Y Holtorf N McLachlan Y Weissman Y
43 Clifford Y Jodeh Y Ortiz Y Willford Y
44 Daugherty Y Joseph Y Parenti Y Wilson Y
45 DeGraaf Y Kipp Y Pugliese Y Winter T. Y
46 deGruy Kennedy Y Lieder Y Ricks E Woodrow Y
47 Duran Y Lindsay Y Rutinel Y Young Y
48 Speaker Y
49
50 The question being, "Shall the bill, as amended, pass?".
51 A roll call vote was taken. As shown by the following recorded vote, a
52 majority of those elected to the House voted in the affirmative, and the
53 bill, as amended, was declared passed.
54
55
1 YES 43 NO 20 EXCUSED 2 ABSENT
2 Amabile Y English Y Lindstedt Y Sirota Y
3 Armagost N Epps Y Luck N Snyder Y
4 Bacon Y Evans N Lukens Y Soper N
5 Bird N Frizell N Lynch N Story Y
6 Bockenfeld E Froelich Y Mabrey Y Taggart N
7 Boesenecker Y Garcia Y Marshall Y Titone Y
8 Bottoms N Hamrick N Martinez Y Valdez Y
9 Bradfield N Hartsook N Marvin Y Velasco Y
10 Bradley N Hernandez Y Mauro Y Vigil Y
11 Brown Y Herod Y McCormick Y Weinberg N
12 Catlin N Holtorf N McLachlan Y Weissman Y
13 Clifford Y Jodeh Y Ortiz Y Willford Y
14 Daugherty Y Joseph Y Parenti Y Wilson N
15 DeGraaf N Kipp Y Pugliese N Winter T. N
16 deGruy Kennedy Y Lieder Y Ricks E Woodrow Y
17 Duran Y Lindsay Y Rutinel Y Young Y
18 Speaker Y
19 Co-sponsor(s) added: Representative(s) Bacon, Boesenecker, Brown,
20 Daugherty, Duran, English, Epps, Jodeh, Joseph, Kipp, Lindsay, Lukens,
21 Mabrey, Marvin, McLachlan, Ricks, Rutinel, Sirota, Titone, Valdez, Velasco,
22 Vigil, Weissman
23

Senate Journal, May 4
After consideration on the merits, the Committee recommends that HB24-1379 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.
Amend reengrossed bill, page 13, line 26, after "(a)" insert "(I)".

Page 14, strike lines 5 through 8 and substitute "IMPACTS OF DREDGE AND FILL
ACTIVITY AND MUST INCORPORATE THE GUIDELINES DEVELOPED PURSUANT TO
SECTION 404 (b)(1) OF THE FEDERAL ACT.
(II) THE RULES PROMULGATED PURSUANT TO SUBSECTION (4)(a)(I) OF
THIS SECTION MUST INCLUDE:".

Page 14, line 16, strike "AND".

Page 14, strike lines 22 through 27.

Page 15, strike lines 1 through 8 and substitute:
"(E) AN EXEMPTION FOR VOLUNTARY STREAM RESTORATION EFFORTS
IN EPHEMERAL STREAMS THAT DO NOT REQUIRE COMPENSATORY MITIGATION
AND ARE DESIGNED SOLELY TO PROVIDE ECOLOGICAL LIFT WHERE THE ACTIVITY
IS TAKING PLACE. AS USED IN THIS SUBSECTION (4)(a)(I)(E), "EPHEMERAL
STREAM" MEANS A STREAM CHANNEL OR A REACH OF A STREAM CHANNEL THAT
CARRIES FLOW DURING, AND FOR A SHORT DURATION AS THE DIRECT RESULT OF,
PRECIPITATION EVENTS AND THAT HAS A CHANNEL BOTTOM THAT IS ALWAYS
ABOVE THE GROUNDWATER TABLE.
(III) THE RULES PROMULGATED PURSUANT TO SUBSECTION (4)(a)(I) OF
THIS SECTION MAY INCLUDE:
(A) FURTHER MINOR CLARIFICATION OF THE TERMINOLOGY USED TO
DEFINE THE EXEMPTIONS AND EXCLUSIONS IN SUBSECTIONS (8)(b) AND (8)(d)
OF THIS SECTION WITHOUT LIMITING OR EXPANDING THE SCOPE OF THE
EXEMPTIONS AND EXCLUSIONS; AND
(B) A DEADLINE SHORTER THAN TWO YEARS FOR THE DIVISION TO ACT
UPON A COMPLETE APPLICATION FOR AN INDIVIDUAL AUTHORIZATION FOR
PROJECTS THAT INVOLVE MINIMAL TO MODERATE COSTS AND HAVE MINIMAL
WATER QUALITY IMPACTS OR LIMITED POTENTIAL WATER QUALITY IMPACTS.
(IV) (A) IN PROMULGATING THE RULES DESCRIBED IN SUBSECTION
(4)(a)(I) OF THIS SECTION, THE COMMISSION SHALL ENSURE THAT THE RULES ARE
AS PROTECTIVE AS THE GUIDELINES SET FORTH IN SECTION 404 (b)(1) OF THE
FEDERAL ACT AND IN EFFECT AS OF THE EFFECTIVE DATE OF THIS SECTION.
(B) IF THE COMMISSION FINDS, BASED ON A DEMONSTRATION AT A
PUBLIC RULEMAKING HEARING, THAT THE GUIDELINES SET FORTH IN SECTION
404 (b)(1) OF THE FEDERAL ACT ARE NOT PROTECTING STATE WATERS, THE
COMMISSION SHALL AMEND ITS RULES OR ADOPT NEW RULES TO PROTECT STATE
WATERS. SUCH A HEARING MAY BE INITIATED BY THE COMMISSION UPON ITS
OWN MOTION OR UPON A PETITION FROM THE DIVISION. ANY INTERESTED
PERSON MAY PETITION TO THE COMMISSION TO INITIATE A HEARING, AND THE
COMMISSION MAY GRANT OR DENY SUCH A REQUEST.
(C) THE COMMISSION'S FINDINGS TO SUPPORT ANY CHANGES TO ITS
RULES MUST BE BASED ON SOUND SCIENTIFIC OR TECHNICAL EVIDENCE IN THE
RECORD DEMONSTRATING THAT RULES MORE PROTECTIVE THAN THE
GUIDELINES SET FORTH IN SECTION 404 (b)(1) OF THE FEDERAL ACT ARE
NECESSARY TO PROTECT THE CHEMICAL, PHYSICAL, AND BIOLOGICAL INTEGRITY
OF STATE WATERS. THE FINDINGS MUST BE ACCOMPANIED BY A STATEMENT OF
BASIS AND PURPOSE REFERRING TO AND EVALUATING THE INFORMATION AND
STUDIES CONTAINED IN THE RECORD, WHICH FORM THE BASIS FOR THE
COMMISSION'S CONCLUSION.".

Page 16, line 10, strike "ACTIVITY;" and substitute "ACTIVITY ON THE
CHEMICAL, PHYSICAL, AND BIOLOGICAL INTEGRITY OF STATE WATERS;".

Page 18, line 20, strike "(A)".

Page 19, strike lines 14 and 15.

Page 25, line 11, strike "UNEXPIRED".

Page 25, line 15, strike "STATES;" and substitute "STATES UNLESS THERE HAS
BEEN A SIGNIFICANT HYDROLOGICAL CHANGE SINCE THE DETERMINATION WAS
ISSUED;".

Page 25, line 21, strike "STATES;" and substitute "STATES UNDER THE SECTION
404 PERMIT AND ARE NOT OTHERWISE EXCLUDED UNDER THIS SECTION;".

Page 26, strike lines 20 through 23 and substitute "A DRAINAGE DITCH,
ROADSIDE DITCH, OR A DITCH OR CANAL CONVEYING WASTEWATER OR WATER.
CONSTRUCTION OF NEW WORK OR TO EXTEND, EXPAND, OR RELOCATE AN
IRRIGATION DITCH OR ACEQUIA FOR MUNICIPAL OR INDUSTRIAL PURPOSES IS NOT
AN EXEMPT ACTIVITY. AS USED IN THIS SUBSECTION (8)(b)(VII):".

Page 27, strike lines 19 and 20 and substitute "IF A DITCH CARRIES WATER THAT
IS USED FOR IRRIGATION, IRRIGATION RETURN FLOWS OR RETURN FLOW
OBLIGATIONS, AQUIFER RECHARGE, AQUIFER OR STREAM AUGMENTATION OR
REPLACEMENT, OR PRECIPITATION OR SNOWMELT THAT".

Page 28, line 2, after "A" insert "DRAINAGE DITCH, A ROADSIDE DITCH, OR A".

Page 29, line 13, after "RECLAMATION FACILITIES," insert "WATER
MANAGEMENT FACILITIES,".

Page 29, strike lines 17 and 18 and substitute "SYSTEMS, WEIRS, GATES,
CLARIFIERS, SOLIDS HANDLING, FILTERS, SEDIMENTATION BASINS, TREATMENT
PONDS AND LAGOONS, AND RELATED FEATURES, WHICH MAINTENANCE
ACTIVITIES KEEP THE".

Page 36, after line 8 insert:
"SECTION 7. In Colorado Revised Statutes, 25-8-305, add (5) as
follows:
25-8-305. Annual report - repeal. (5) (a) ON OR BEFORE OCTOBER 1,
2026, AND FOR EACH YEAR THEREAFTER, THE REPORT DESCRIBED IN
SUBSECTION (1) OF THIS SECTION MUST PROVIDE AN OVERALL UNDERSTANDING
OF THE STATE OF IMPLEMENTATION OF THE DREDGE AND FILL DISCHARGE
AUTHORIZATION PROGRAM DESCRIBED IN SECTION 25-8-205.1. FOR THIS
PURPOSE, THE DIVISION SHALL DEVELOP A TWELVE-MONTH REPORTING PERIOD.
AT A MINIMUM, THE REPORT MUST INCLUDE:
(I) PROGRAM STAFFING AND BUDGET OVER THE TWELVE-MONTH
REPORTING PERIOD;
(II) GENERAL AUTHORIZATION PROGRAM COMPONENTS OVER THE
TWELVE-MONTH REPORTING PERIOD, INCLUDING:
(A) THE TOTAL NUMBER OF PRECONSTRUCTION NOTIFICATIONS OR
COVERAGE VERIFICATION REQUESTS RECEIVED DURING THE TWELVE-MONTH
REPORTING PERIOD;
(B) THE TOTAL NUMBER OF PROJECTS AUTHORIZED TO PROCEED DURING
THE TWELVE-MONTH REPORTING PERIOD;
(C) THE TOTAL NUMBER OF PROJECTS AUTHORIZED TO PROCEED DURING
THE TWELVE-MONTH REPORTING PERIOD THAT INCLUDED SPECIAL CONDITIONS;
(D) THE TOTAL NUMBER OF PROJECTS AUTHORIZED TO PROCEED UNDER
SECTION 25-8-205.1 (5)(d) DURING THE TWELVE-MONTH REPORTING PERIOD;
(E) THE TOTAL NUMBER OF PROJECTS DENIED GENERAL AUTHORIZATION
COVERAGE DURING THE TWELVE-MONTH REPORTING PERIOD AND A SUMMARY
OF THE REASONS FOR DENIALS;
(F) THE RANGE OF TIME AND AVERAGE TIME REQUIRED TO PROCESS
PRECONSTRUCTION NOTIFICATIONS AND COVERAGE VERIFICATION REQUESTS
FROM RECEIPT TO FINAL DECISION DURING THE TWELVE-MONTH REPORTING
PERIOD; AND
(G) THE TOTAL NUMBER OF FULL-TIME EMPLOYEES TASKED WITH
PROCESSING PRECONSTRUCTION NOTIFICATIONS, COVERAGE VERIFICATION
REQUESTS, AND TECHNICAL ASSISTANCE DURING THE TWELVE-MONTH
REPORTING PERIOD; AND
(III) INDIVIDUAL AUTHORIZATION PROGRAM COMPONENTS, INCLUDING:
(A) THE TOTAL NUMBER OF AUTHORIZATION APPLICATIONS RECEIVED
DURING THE TWELVE-MONTH REPORTING PERIOD;
(B) THE TOTAL NUMBER OF PROJECTS AUTHORIZED TO PROCEED DURING
THE TWELVE-MONTH REPORTING PERIOD;
(C) THE TOTAL NUMBER OF PROJECTS DENIED AUTHORIZATION
COVERAGE DURING THE TWELVE-MONTH REPORTING PERIOD AND A SUMMARY
OF THE REASONS FOR DENIALS;
(D) THE TOTAL NUMBER OF APPLICATIONS AWAITING ACTION AT THE
END OF THE TWELVE-MONTH REPORTING PERIOD;
(E) THE RANGE OF TIME AND AVERAGE TIME REQUIRED TO PROCESS
INDIVIDUAL AUTHORIZATION APPLICATIONS FROM RECEIPT TO FINAL DECISION
DURING THE TWELVE-MONTH REPORTING PERIOD; AND
(F) THE TOTAL NUMBER OF FULL-TIME EMPLOYEES TASKED WITH
PROCESSING INDIVIDUAL AUTHORIZATIONS DURING THE TWELVE-MONTH
REPORTING PERIOD.
(b) ON A QUARTERLY BASIS, THE DIVISION SHALL REPORT TO THE JOINT
BUDGET COMMITTEE THE NUMBER OF INDIVIDUAL DREDGE AND FILL
AUTHORIZATIONS AND NOTICES OF AUTHORIZATION THAT THE DIVISION
PROJECTS TO ISSUE FOR THE FISCAL YEAR. THE DIVISION SHALL SUBMIT THESE
REPORTS SO THAT THEY COINCIDE WITH QUARTERLY BUDGET FORECASTS.".

Renumber succeeding sections accordingly.


Finance





BILL SB24-005


Short Title: Prohibit Landscaping Practices for Water Conservation
Sponsors: D. Roberts (D) | C. Simpson (R) / K. McCormick (D) | B. McLachlan (D)

On and after January 1, 2026, the act prohibits local governments from allowing the installation, planting, or placement of nonfunctional turf, artificial turf, or invasive plant species on commercial, institutional, or industrial property, common interest community property, or a street right-of-way, parking lot, median, or transportation corridor. The act also prohibits the department of personnel from allowing the installation, planting, or placement of nonfunctional turf, artificial turf, or invasive plant species as part of a project for the construction or renovation of a state facility, which project design commences on or after January 1, 2025. Artificial turf on athletic fields of play is exempted from the prohibitions.

APPROVED by Governor March 15, 2024

EFFECTIVE August 7, 2024
(Note: This summary applies to this bill as enacted.)



Status
1/10/2024 Introduced In Senate - Assigned to Agriculture & Natural Resources
1/25/2024 Senate Committee on Agriculture & Natural Resources Refer Amended to Senate Committee of the Whole
1/30/2024 Senate Second Reading Passed with Amendments - Committee
1/31/2024 Senate Third Reading Passed - No Amendments
2/2/2024 Introduced In House - Assigned to Agriculture, Water & Natural Resources
2/26/2024 House Committee on Agriculture, Water & Natural Resources Refer Amended to House Committee of the Whole
2/28/2024 House Second Reading Special Order - Passed with Amendments - Committee
2/29/2024 House Third Reading Passed - No Amendments
3/1/2024 Senate Considered House Amendments - Result was to Concur - Repass
3/11/2024 Signed by the President of the Senate
3/11/2024 Signed by the Speaker of the House
3/12/2024 Sent to the Governor
3/15/2024 Governor Signed

Amendment

Senate Journal, January 26
After consideration on the merits, the Committee recommends that SB24-005 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, strike everything below the enacting clause and substitute:

"SECTION 1. In Colorado Revised Statutes, add article 99 to title 37
as follows:
ARTICLE 99
Prohibition of Nonfunctional Turf,
Artificial Turf, and Invasive Plant Species
37-99-101. Legislative declaration. (1) THE GENERAL ASSEMBLY
FINDS THAT:
(a) AS COLORADO CONTINUES TO GRAPPLE WITH THE IMPACTS OF
CLIMATE CHANGE, GREEN URBAN SPACES, SUCH AS URBAN TREE CANOPIES, ARE
A VITAL ADAPTATION TOOL FOR MITIGATING THE IMPACTS OF CLIMATE CHANGE,
ESPECIALLY FOR MITIGATING THE URBAN HEAT ISLAND EFFECT, WHICH CAN
INCREASE ENERGY COSTS, AIR POLLUTION, AND HEAT-RELATED ILLNESSES AND
DEATHS;
(b) HOWEVER, WATER SUPPLY IN THE WESTERN UNITED STATES IS
UNDER INCREASING PRESSURE DUE TO CLIMATE CHANGE AND INCREASING
DEMAND;
(c) MANY COMMUNITIES IN THE STATE OVERUSE NONNATIVE GRASS FOR
LANDSCAPING PURPOSES, WHICH REQUIRES LARGE AMOUNTS OF WATER TO
MAINTAIN;
(d) WHILE THERE ARE APPROPRIATE AND IMPORTANT USES FOR TURF,
INCLUDING FOR CIVIC, COMMUNITY, OR RECREATIONAL PURPOSES SUCH AS USE
IN PARKS, SPORTS FIELDS, AND PLAYGROUNDS, MUCH OF THE TURF IN THE STATE
IS NONFUNCTIONAL, LOCATED IN AREAS THAT RECEIVE LITTLE, IF ANY, USE, AND
COULD BE REPLACED WITH LANDSCAPING THAT ADHERES TO WATER-WISE
LANDSCAPING PRINCIPLES WITHOUT ADVERSELY IMPACTING QUALITY OF LIFE OR
LANDSCAPE FUNCTIONALITY;
(e) PROHIBITING THE INSTALLATION, PLANTING, OR PLACEMENT OF
NONFUNCTIONAL TURF IN APPLICABLE PROPERTY IN THE STATE CAN HELP
CONSERVE THE STATE'S WATER RESOURCES;
(f) INSTALLED VEGETATION THAT ADHERES TO WATER-WISE
LANDSCAPING PRINCIPLES CAN HELP REDUCE OUTDOOR DEMAND OF WATER;
AND
(g) ADDITIONALLY, ARTIFICIAL TURF CAN CAUSE NEGATIVE
ENVIRONMENTAL IMPACTS, SUCH AS EXACERBATING HEAT ISLAND EFFECTS IN
URBAN AREAS AND RELEASING HARMFUL CHEMICALS, INCLUDING PLASTICS,
MICROPLASTICS, AND PERFLUOROALKYL AND POLYFLUOROALKYL CHEMICALS,
INTO THE ENVIRONMENT AND WATERSHEDS.
(2) THE GENERAL ASSEMBLY THEREFORE DECLARES THAT PREVENTING
THE INSTALLATION, PLANTING, OR PLACEMENT OF NONFUNCTIONAL TURF,
ARTIFICIAL TURF, AND INVASIVE PLANT SPECIES IN APPLICABLE PROPERTY IN
THE STATE IS:
(a) A MATTER OF STATEWIDE CONCERN; AND
(b) IN THE PUBLIC INTEREST.
37-99-102. Definitions. AS USED IN THIS ARTICLE 99, UNLESS THE
CONTEXT OTHERWISE REQUIRES:
(1) (a) "APPLICABLE PROPERTY" MEANS:
(I) COMMERCIAL, INSTITUTIONAL, OR INDUSTRIAL PROPERTY;
(II) COMMON INTEREST COMMUNITY PROPERTY; OR
(III) A STREET RIGHT-OF-WAY, PARKING LOT, MEDIAN, OR
TRANSPORTATION CORRIDOR.
(b) "APPLICABLE PROPERTY" DOES NOT INCLUDE RESIDENTIAL
PROPERTY.
(2) "ARTIFICIAL TURF" MEANS AN INSTALLATION OF SYNTHETIC
MATERIALS DEVELOPED TO RESEMBLE NATURAL GRASS.
(3) "COMMERCIAL, INSTITUTIONAL, OR INDUSTRIAL" HAS THE MEANING
SET FORTH IN SECTION 37-60-135 (2)(b).
(4) "COMMON INTEREST COMMUNITY" HAS THE MEANING SET FORTH IN
SECTION 38-33.3-103 (8).
(5) "COMMON INTEREST COMMUNITY PROPERTY" MEANS PROPERTY
WITHIN A COMMON INTEREST COMMUNITY THAT IS OWNED AND MAINTAINED BY
A UNIT OWNERS' ASSOCIATION, SUCH AS ENTRYWAYS, PARKS, AND OTHER
COMMON ELEMENTS AS DEFINED IN SECTION 38-33.3-103 (5).
(6) "DEPARTMENT" MEANS THE DEPARTMENT OF PERSONNEL CREATED
IN SECTION 24-1-128 (1).
(7) "FUNCTIONAL TURF" MEANS TURF THAT IS LOCATED IN A
RECREATIONAL USE AREA OR OTHER SPACE THAT IS REGULARLY USED FOR CIVIC,
COMMUNITY, OR RECREATIONAL PURPOSES, WHICH MAY INCLUDE
PLAYGROUNDS; SPORTS FIELDS; PICNIC GROUNDS; AMPHITHEATERS; PORTIONS
OF PARKS; AND THE PLAYING AREAS OF GOLF COURSES, SUCH AS DRIVING
RANGES, CHIPPING AND PUTTING GREENS, TEE BOXES, GREENS, FAIRWAYS, AND
ROUGHS.
(8) "INVASIVE PLANT SPECIES" HAS THE MEANING SET FORTH IN SECTION
37-60-135 (2)(e).
(9) "LOCAL ENTITY" MEANS A:
(a) HOME RULE OR STATUTORY CITY, COUNTY, CITY AND COUNTY,
TERRITORIAL CHARTER CITY, OR TOWN; AND
(b) SPECIAL DISTRICT.
(10) "MAINTAIN" OR "MAINTAINING" MEANS AN ACTION TO PRESERVE
THE EXISTING STATE OF NONFUNCTIONAL TURF, ARTIFICIAL TURF, OR AN
INVASIVE PLANT SPECIES THAT HAS ALREADY BEEN INSTALLED, PLANTED, OR
PLACED.
(11) "NATIVE PLANT" MEANS A PLANT SPECIES THAT IS INDIGENOUS TO
THE STATE OF COLORADO.
(12) "NEW DEVELOPMENT PROJECT" MEANS A NEW CONSTRUCTION
PROJECT THAT REQUIRES A BUILDING OR LANDSCAPING PERMIT, PLAN CHECK, OR
DESIGN REVIEW.
(13) (a) "NONFUNCTIONAL TURF" MEANS TURF THAT IS NOT
FUNCTIONAL TURF.
(b) "NONFUNCTIONAL TURF" INCLUDES TURF LOCATED IN A STREET
RIGHT-OF-WAY, PARKING LOT, MEDIAN, OR TRANSPORTATION CORRIDOR.
(14) "REDEVELOPMENT PROJECT" MEANS A CONSTRUCTION PROJECT
THAT:
(a) REQUIRES A BUILDING OR LANDSCAPING PERMIT, PLAN CHECK, OR
DESIGN REVIEW; AND
(b) RESULTS IN A DISTURBANCE OF MORE THAN FIFTY PERCENT OF THE
AGGREGATE LANDSCAPE AREA.
(15) "SPECIAL DISTRICT" HAS THE MEANING SET FORTH IN SECTION
32-1-103 (20).
(16) "TRANSPORTATION CORRIDOR" MEANS A TRANSPORTATION
SYSTEM THAT INCLUDES ALL MODES AND FACILITIES WITHIN A DESCRIBED
GEOGRAPHIC AREA, HAVING LENGTH AND WIDTH.
(17) "TURF" HAS THE MEANING SET FORTH IN SECTION 37-60-135 (2)(i).
(18) "UNIT OWNERS' ASSOCIATION" HAS THE MEANING SET FORTH IN
SECTION 38-33.3-103 (3).
(19) "WATER-WISE LANDSCAPING" HAS THE MEANING SET FORTH IN
SECTION 37-60-135 (2)(l).
37-99-103. Prohibition of nonfunctional turf, artificial turf, and
invasive plant species - local entities - construction or renovation of state
facilities. (1) ON AND AFTER JANUARY 1, 2026, A LOCAL ENTITY SHALL NOT
INSTALL, PLANT, OR PLACE, OR ALLOW ANY PERSON TO INSTALL, PLANT, OR
PLACE, ANY NONFUNCTIONAL TURF, ARTIFICIAL TURF, OR INVASIVE PLANT
SPECIES, AS PART OF A NEW DEVELOPMENT PROJECT OR REDEVELOPMENT
PROJECT, ON ANY PORTION OF APPLICABLE PROPERTY WITHIN THE LOCAL
ENTITY'S JURISDICTION.
(2) ON OR BEFORE JANUARY 1, 2026, A LOCAL ENTITY SHALL ENACT OR
AMEND ORDINANCES, RESOLUTIONS, REGULATIONS, OR OTHER LAWS
REGULATING NEW DEVELOPMENT PROJECTS AND REDEVELOPMENT PROJECTS ON
APPLICABLE PROPERTY IN ACCORDANCE WITH THE REQUIREMENTS OF THIS
SECTION.
(3) THE DEPARTMENT SHALL NOT INSTALL, PLANT, OR PLACE, OR ALLOW
ANY PERSON TO INSTALL, PLANT, OR PLACE, ANY NONFUNCTIONAL TURF,
ARTIFICIAL TURF, OR INVASIVE PLANT SPECIES AS PART OF A PROJECT FOR THE
CONSTRUCTION OR RENOVATION OF A STATE FACILITY, WHICH PROJECT
COMMENCES ON OR AFTER JANUARY 1, 2025.
(4) NOTHING IN THIS SECTION PROHIBITS:
(a) A LOCAL ENTITY FROM MAINTAINING, OR ALLOWING ANY PERSON TO
MAINTAIN, ANY NONFUNCTIONAL TURF, ARTIFICIAL TURF, OR INVASIVE PLANT
SPECIES INSTALLED, PLANTED, OR PLACED BEFORE JANUARY 1, 2026;
(b) THE DEPARTMENT FROM MAINTAINING, OR ALLOWING ANY PERSON
TO MAINTAIN, ANY NONFUNCTIONAL TURF, ARTIFICIAL TURF, OR INVASIVE
PLANT SPECIES INSTALLED, PLANTED, OR PLACED AT A STATE FACILITY BEFORE
JANUARY 1, 2025;
(c) A LOCAL ENTITY OR THE DEPARTMENT FROM INSTALLING, OR
ALLOWING ANY PERSON TO INSTALL, GRASS SEED OR SOD THAT IS A NATIVE
PLANT OR HAS BEEN HYBRIDIZED FOR ARID CONDITIONS;
(d) A LOCAL ENTITY OR THE DEPARTMENT FROM ESTABLISHING
PROHIBITIONS ON, OR REQUIREMENTS FOR, NONFUNCTIONAL TURF, ARTIFICIAL
TURF, OR INVASIVE PLANT SPECIES THAT ARE MORE STRINGENT THAN THE
REQUIREMENTS OF THIS SECTION; OR
(e) A LOCAL ENTITY OR THE DEPARTMENT FROM INSTALLING, OR
ALLOWING ANY PERSON TO INSTALL, ARTIFICIAL TURF ON ATHLETIC FIELDS OF
PLAY.
SECTION 2. Act subject to petition - effective date - applicability.
(1) This act takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except that,
if a referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within such
period, then the act, item, section, or part will not take effect unless approved
by the people at the general election to be held in November 2024 and, in such
case, will take effect on the date of the official declaration of the vote thereon
by the governor.
(2) This act does not apply to projects approved by the department of
personnel or a local entity before the effective date of this act.".

House Journal, February 27
46 SB24-005 be amended as follows, and as so amended, be referred to
47 the Committee of the Whole with favorable
48 recommendation:
49
50 Amend reengrossed bill, page 5, line 2, strike "AND".
51
52 Page 5, line 3, strike "DISTRICT." and substitute "DISTRICT; AND
53 (c) METROPOLITAN DISTRICT.".
54
55
1 Page 5, after line 16 insert:
2
3 "(c) "NONFUNCTIONAL TURF" DOES NOT INCLUDE TURF THAT IS
4 DESIGNATED TO BE PART OF A WATER QUALITY TREATMENT SOLUTION
5 REQUIRED FOR COMPLIANCE WITH FEDERAL, STATE, OR LOCAL AGENCY
6 WATER QUALITY PERMITTING REQUIREMENTS THAT IS NOT IRRIGATED AND
7 DOES NOT HAVE HERBICIDES APPLIED.".
8
9 Page 6, line 24, after "PROJECT" insert "DESIGN".
10
11




BILL SB24-014


Short Title: Seal of Climate Literacy Diploma Endorsement
Sponsors: C. Hansen (D) / B. McLachlan (D)

The act authorizes a school district, board of cooperative services, district charter high school, institute charter high school, or the Colorado school for the deaf and the blind (local education provider) to grant a high school diploma endorsement in climate literacy (seal of climate literacy) to graduating students who demonstrate mastery in climate literacy and attain green skills or technical green skills. The purpose of the seal of climate literacy is to give a student personal agency to help the student and the student's communities understand or adapt to the effects of climate change.

To obtain a seal of climate literacy, a student must complete the minimum high school graduation requirements of the local education provider, successfully complete at least 2 courses in the area of climate literacy selected by the local education provider, and successfully complete a final experiential learning project (final project) that is approved, supported, and facilitated by a climate literacy experiential learning provider (learning provider).

The local education provider may collaborate with local businesses, nonprofit organizations, industry leaders, and institutions of higher education to support students' climate literacy.

Beginning with students in the sixth grade, each local education provider shall annually notify students and their legal guardians of the requirements for obtaining a seal of climate literacy.

On or before July 1, 2025, and every July 1 thereafter, each local education provider shall collect data on the seal of climate literacy, including:

On or before October 1, 2025, and every October 1 thereafter, each local education provider shall submit a report to the department of education (department) summarizing the data collected.

The department may collaborate with a nonprofit organization to evaluate the data collected and prepare a report summarizing the data. On or before January 15, 2026, and every January 15 thereafter, the department shall submit the report to the house of representatives education committee and the senate education committee, or their successor committees, and the state board of education.

The act appropriates $18,749 to the department from the general fund for purposes of the seal of climate literacy.

APPROVED by Governor May 23, 2024

EFFECTIVE August 7, 2024
(Note: This summary applies to this bill as enacted.)



Status
1/10/2024 Introduced In Senate - Assigned to Education
1/29/2024 Senate Committee on Education Refer Amended to Appropriations
3/8/2024 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
3/12/2024 Senate Second Reading Laid Over Daily - No Amendments
3/13/2024 Senate Second Reading Passed - No Amendments
3/13/2024 Senate Second Reading Passed with Amendments - Committee
3/15/2024 Senate Third Reading Passed - No Amendments
3/18/2024 Introduced In House - Assigned to Education
4/4/2024 House Committee on Education Refer Unamended to Appropriations
4/12/2024 House Committee on Appropriations Refer Unamended to House Committee of the Whole
4/15/2024 House Second Reading Laid Over Daily - No Amendments
4/16/2024 House Second Reading Special Order - Laid Over Daily - No Amendments
5/2/2024 House Second Reading Special Order - Passed - No Amendments
5/3/2024 House Third Reading Passed - No Amendments
5/8/2024 Sent to the Governor
5/8/2024 Signed by the President of the Senate
5/8/2024 Signed by the Speaker of the House
5/23/2024 Governor Signed

Amendment

Senate Journal, January 30
After consideration on the merits, the Committee recommends that SB24-014 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 3, line 24, strike "OR".

Page 3, line 25, strike "SCHOOL" and substitute "SCHOOL, OR THE COLORADO
SCHOOL FOR THE DEAF AND THE BLIND".

Senate Journal, March 8
After consideration on the merits, the Committee recommends that SB24-014 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 8, after line 18 insert:

"SECTION 2. Appropriation. For the 2024-25 state fiscal year,
$18,749 is appropriated to the department of education. This appropriation is
from the general fund. To implement this act, the department may use this
appropriation as follows:
(a) $9,374 for use by the student learning division for content
specialists, which amount is based on an assumption that the division will
require an additional 0.1 FTE; and
(b) $9,375 for use by the student pathways division for college and
career readiness, which amount is based on an assumption that the division will
require an additional 0.1 FTE.".

Renumber succeeding section accordingly.

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


Appro-
priations





BILL SB24-031


Short Title: Local Authority Enforce Violation of Noxious Weed Act
Sponsors: D. Roberts (D) / M. Lukens (D) | B. McLachlan (D)

Current law allows the commissioner of agriculture to assess civil penalties for violations of state laws related to the prevention of noxious weeds (violations). The act:

APPROVED by Governor March 12, 2024

EFFECTIVE August 7, 2024
(Note: This summary applies to this bill as enacted.)



Status
1/10/2024 Introduced In Senate - Assigned to Agriculture & Natural Resources
1/25/2024 Senate Committee on Agriculture & Natural Resources Refer Unamended to Senate Committee of the Whole
1/30/2024 Senate Second Reading Passed with Amendments - Floor
1/31/2024 Senate Third Reading Passed - No Amendments
2/2/2024 Introduced In House - Assigned to Agriculture, Water & Natural Resources
2/26/2024 House Committee on Agriculture, Water & Natural Resources Refer Amended to House Committee of the Whole
2/28/2024 House Second Reading Special Order - Passed with Amendments - Committee
2/29/2024 House Third Reading Passed - No Amendments
3/1/2024 Senate Considered House Amendments - Result was to Concur - Repass
3/11/2024 Signed by the President of the Senate
3/11/2024 Signed by the Speaker of the House
3/12/2024 Sent to the Governor
3/12/2024 Governor Signed

Amendment

Senate Journal, January 30
SB24-031 by Senator(s) Roberts, Bridges; also Representative(s) Lukens and McLachlan,
McCormick--Concerning local authority to enforce violations of laws related to the
prevention of noxious weeds.

Amendment No. 1(L.001), by Senator Roberts.

Amend printed bill, page 4, line 19, strike "COUNTY ATTORNEY" and substitute
"BOARD OF COUNTY COMMISSIONERS".

Page 5, line 13, after "MAY" insert "PETITION THE DISTRICT COURT FOR THE
JUDICIAL DISTRICT WHERE A VIOLATION OCCURRED TO".

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


House Journal, February 27
13 SB24-031 be amended as follows, and as so amended, be referred to
14 the Committee of the Whole with favorable
15 recommendation:
16
17 Amend reengrossed bill, page 3, line 16, after "(2)" insert "(a)".
18
19 Page 3, after line 24 insert:
20
21 "(b) AS USED IN THIS SUBSECTION (2), "PERSON" DOES NOT
22 INCLUDE A STATE AGENCY.".
23
24 Strike "(2)" and substitute "(2)(a)"on: Page 3, lines 23 and 27.
25
26




BILL SB24-037


Short Title: Study Green Infrastructure for Water Quality Management
Sponsors: C. Simpson (R) | J. Bridges (D) / M. Lynch (R) | K. McCormick (D)

The act requires the university of Colorado and Colorado state university, in collaboration with the division of administration (division) in the department of public health and environment (department), to:

On or before November 1, 2026, the division, in coordination with the universities, is required to submit a report and, on or before February 1, 2027, present the report to the water resources and agriculture review committee. The report and presentation must concern the progress of the feasibility study and any pilot projects and on any legislative and administrative recommendations to promote the use of green infrastructure and green financing mechanisms for water quality management in the state.

APPROVED by Governor May 24, 2024

EFFECTIVE August 7, 2024
(Note: This summary applies to this bill as enacted.)



Status
1/10/2024 Introduced In Senate - Assigned to Agriculture & Natural Resources
2/29/2024 Senate Committee on Agriculture & Natural Resources Refer Amended to Appropriations
4/16/2024 Senate Committee on Appropriations Refer Amended - Consent Calendar to Senate Committee of the Whole
4/16/2024 Senate Second Reading Special Order - Passed with Amendments - Committee
4/17/2024 Senate Third Reading Passed - No Amendments
4/17/2024 Introduced In House - Assigned to Agriculture, Water & Natural Resources
4/22/2024 House Committee on Agriculture, Water & Natural Resources Refer Unamended to Appropriations
5/1/2024 House Committee on Appropriations Refer Unamended to House Committee of the Whole
5/2/2024 House Second Reading Special Order - Passed - No Amendments
5/3/2024 House Third Reading Passed - No Amendments
5/8/2024 Sent to the Governor
5/8/2024 Signed by the President of the Senate
5/8/2024 Signed by the Speaker of the House
5/24/2024 Governor Signed

Amendment

Senate Journal, February 29
After consideration on the merits, the Committee recommends that SB24-037 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 2, line 6, strike "rules -".

Page 2, line 9, after the first "WATER" insert "AND WASTEWATER".

Page 3, line 4, strike "ALLOCATION,".

Page 3, strike lines 10 through 12 and substitute:

"(I) THE UNIVERSITY OF COLORADO AND COLORADO STATE
UNIVERSITY, IN COLLABORATION WITH THE DIVISION, SHOULD CONDUCT A
FEASIBILITY STUDY".

Page 4, strike line 22 and substitute:

"(3) (a) ON OR BEFORE OCTOBER 1, 2024, THE UNIVERSITY OF
COLORADO AND COLORADO STATE UNIVERSITY, IN COLLABORATION WITH THE
DIVISION, SHALL START TO".

Page 5, line 15, after "WATER" insert "AND WASTEWATER".

Page 5, strike lines 18 through 21 and substitute:

"(b) (I) THE UNIVERSITIES, IN COLLABORATION WITH THE DIVISION,
SHALL COMPLETE THE FEASIBILITY STUDY ON OR BEFORE APRIL 1, 2026. WITH
CONSIDERATION GIVEN TO THE FINDINGS OF THE FEASIBILITY STUDY, THE
UNIVERSITIES, WITH THE APPROVAL OF THE DIVISION, SHALL ESTABLISH UP TO
THREE PILOT PROJECTS IN THE STATE TO DEMONSTRATE THE:".

Strike page 6 and substitute "(3)(b) MAY BE OPERATED FOR UP TO FIVE YEARS.
THE UNIVERSITIES MAY PROVIDE TECHNICAL ASSISTANCE TO THE OPERATOR OF
A PILOT PROJECT THAT THE DIVISION APPROVES UNDER THIS SUBSECTION (3)(b),
AND THE UNIVERSITIES SHALL RECOMMEND FOR THE DIVISION'S APPROVAL THE
DESIGN, SIZE, AND MONITORING REQUIREMENTS FOR EACH PILOT PROJECT.
(c) ON OR BEFORE NOVEMBER 1, 2026, THE DIVISION, IN".
Page 7, line 2, strike "AND" and substitute "AND, ON OR BEFORE FEBRUARY 1,
2027,".

Page 7, strike lines 6 and 7 and substitute "MAY REQUEST SIMILAR REPORTS AND
PRESENTATIONS BE MADE IN ANY YEAR AFTER 2027 IN WHICH THE FEASIBILITY".

Page 7, line 10, strike "(b)" and substitute "(d)".

Page 7, line 19, strike "(6)" and substitute "(4)".

Renumber succeeding subsections accordingly.

Page 7, line 23, strike "(5)(b)(II) OF THIS SECTION, THE DIVISION AND" and
substitute "(3)(d)(II) OF THIS SECTION,".

Strike "(3)(c)" and substitute "(3)(a)" on: Page 7, lines 1, 12, and 24; and Page
8, line 5.

Senate Journal, April 16
After consideration on the merits, the Committee recommends that SB24-037 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation and with a recommendation that it be placed on the Consent Calendar.
Amend the Agriculture and Natural Resources Committee Report, dated
February 29, 2024, page 1, strike lines 6 and 7 and substitute "UNIVERSITY
SHOULD CONDUCT, AND THE DIVISION MAY ADVISE ON, A FEASIBILITY STUDY".".

Page 1 of the report, strike lines 14 and 15 and substitute:

""(b) (I) THE UNIVERSITIES SHALL COMPLETE, AND THE DIVISION MAY
ADVISE ON, THE FEASIBILITY STUDY ON OR BEFORE APRIL 1, 2026.".

Page 2 of the report, after line 17 insert:

"Page 8 of the printed bill, strike line 4 and substitute:

"(7) (a) THE UNIVERSITIES LISTED IN SUBSECTION (3)(a) OF THIS
SECTION MAY USE THEIR EXISTING RESOURCES TO HELP FINANCE THE
FEASIBILITY STUDY AND THE PILOT PROJECTS.
(b) THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT OR".

Page 8 of the printed bill, after line 8 insert:

"SECTION 2. Appropriation. (1) For the 2024-25 state fiscal year,
$50,651 is appropriated to the department of public health and environment.
This appropriation is from the general fund. To implement this act, the
department may use this appropriation as follows:
(a) $34,777 for use by the water quality control division for clean water
program costs, which amount is based on an assumption that the division will
require an additional 0.4 FTE;
(b) $512 for use by the water quality control division for administration;
and
(c) $15,362 for the purchase of legal services.
(2) For the 2024-25 state fiscal year, $15,362 is appropriated to the
department of law. This appropriation is from reappropriated funds received
from the department of public health and environment under subsection (1)(c)
of this section and is based on an assumption that the department of law will
require an additional 0.1 FTE. To implement this act, the department of law
may use this appropriation to provide legal services for the department of public
health and environment.".

Renumber succeeding section accordingly.".

Page 1 of the bill, line 102, strike "STANDARDS." and substitute "STANDARDS,
AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.".


Appro-
priations





BILL SB24-058


Short Title: Landowner Liability Recreational Use Warning Signs
Sponsors: M. Baisley (R) | D. Roberts (D) / B. Titone (D) | S. Bird (D)

In current law, the "Colorado Recreational Use Statute" (CRUS) protects landowners (owners) from liability resulting from the use of their lands by other individuals for recreational purposes. However, the CRUS does not limit an owner's liability for injuries or death resulting from the owner's willful or malicious failure to guard or warn against a known dangerous condition, use, structure, or activity likely to cause harm (willful or malicious failure).

The act states that under such circumstances, an owner does not commit a willful or malicious failure if:

The act requires an individual who accesses land for recreational purposes to stay on the designated recreational trail, route, area, or roadway unless the owner expressly allows otherwise, or be deemed a trespasser.

Currently, the CRUS states that "owner" includes the possessor of any interest in land. The act clarifies that "owner" includes a possessor or holder of a conservation easement.

The act states that the CRUS may not be construed to limit an owner's ability to restrict or prohibit the use of the owner's land for any recreational purposes.

The act also updates certain archaic language within the CRUS.

APPROVED by Governor March 15, 2024

EFFECTIVE August 7, 2024
(Note: This summary applies to this bill as enacted.)



Status
1/17/2024 Introduced In Senate - Assigned to Judiciary
1/29/2024 Senate Committee on Judiciary Refer Amended - Consent Calendar to Senate Committee of the Whole
2/1/2024 Senate Second Reading Passed with Amendments - Committee
2/2/2024 Senate Third Reading Passed - No Amendments
2/5/2024 Introduced In House - Assigned to Judiciary
2/20/2024 House Committee on Judiciary Refer Unamended to House Committee of the Whole
2/22/2024 House Second Reading Special Order - Passed - No Amendments
2/23/2024 House Third Reading Passed - No Amendments
3/11/2024 Signed by the President of the Senate
3/11/2024 Signed by the Speaker of the House
3/12/2024 Sent to the Governor
3/15/2024 Governor Signed

Amendment

Senate Journal, January 30
After consideration on the merits, the Committee recommends that SB24-058 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation and with a recommendation that it be placed on the Consent Calendar.
Amend printed bill, page 3, line 16, after "hang gliding," insert "PARAGLIDING,".

Page 5, strike lines 6 and 7 and substitute "CHANGING WEATHER
CONDITIONS; OPEN AND OBVIOUS VARIATIONS IN STEEPNESS,
SURFACE".


Judiciary





BILL SB24-081


Short Title: Perfluoroalkyl & Polyfluoroalkyl Chemicals
Sponsors: L. Cutter (D) / C. Kipp (D) | M. Rutinel (D)

Current law prohibits the sale or distribution of products in certain product categories on and after certain dates (product phaseout timeline) if the products contain intentionally added perfluoroalkyl and polyfluoroalkyl chemicals (PFAS chemicals). The act changes current law by:

APPROVED by Governor May 1, 2024

EFFECTIVE May 1, 2024
(Note: This summary applies to this bill as enacted.)



Status
1/22/2024 Introduced In Senate - Assigned to Business, Labor, & Technology
3/12/2024 Senate Committee on Business, Labor, & Technology Refer Amended to Senate Committee of the Whole
3/18/2024 Senate Second Reading Laid Over to 03/20/2024 - No Amendments
3/20/2024 Senate Second Reading Laid Over Daily - No Amendments
3/22/2024 Senate Second Reading Passed with Amendments - Floor
3/22/2024 Senate Second Reading Passed with Amendments - Committee, Floor
3/25/2024 Senate Third Reading Passed - No Amendments
3/27/2024 Introduced In House - Assigned to Business Affairs & Labor
4/4/2024 House Committee on Business Affairs & Labor Refer Amended to House Committee of the Whole
4/9/2024 House Second Reading Laid Over Daily - No Amendments
4/12/2024 House Second Reading Laid Over to 04/14/2024 - No Amendments
4/15/2024 House Second Reading Special Order - Passed with Amendments - Committee
4/16/2024 House Third Reading Laid Over Daily - No Amendments
4/17/2024 House Third Reading Passed - No Amendments
4/18/2024 Senate Considered House Adherence - Result was to Adhere
4/19/2024 Senate Considered House Amendments - Result was to Concur - Repass
4/23/2024 Signed by the President of the Senate
4/23/2024 Signed by the Speaker of the House
4/23/2024 Sent to the Governor
5/1/2024 Governor Signed

Amendment

Senate Journal, March 13
After consideration on the merits, the Committee recommends that SB24-081 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 2, strike lines 2 through 5.

Page 3, strike lines 1 through 9.

Renumber succeeding sections accordingly.

Page 3, line 24, strike "to: create" and substitute "to create a regulatory scheme
that:".

Page 3, strike lines 25 through 27 and substitute:

"(a) Phases out the sale or distribution of certain products and product
categories in the state that contain".

Page 4, line 2, strike "PROHIBIT" and substitute "PROHIBITS".

Page 4, line 5, strike "(2.5),".

Page 4, strike lines 17 through 22.

Page 6, line 8, strike "(5), and (6)" and substitute "and (5)".

Page 6, line 11, strike "requirements - repeal." and substitute
"requirements.".

Page 6, strike line 25.

Reletter succeeding paragraphs accordingly.

Page 7, strike lines 11 through 27.

Page 8, strike lines 1 through 8 and substitute:

"SECTION 5. In Colorado Revised Statutes, add 25-15-605 as
follows:".

Renumber succeeding C.R.S. section accordingly.

Senate Journal, March 22
SB24-081 by Senator(s) Cutter; also Representative(s) Kipp and Rutinel--Concerning measures to
increase protections from perfluoroalkyl and polyfluoroalkyl chemicals.

Amendment No. 1, Business, Labor & Technology Committee Amendment.
(Printed in Senate Journal, March 13, page(s) 840 and placed in members' bill files.)


Amendment No. 2(L.018), by Senator Cutter.

Amend the Business, Labor, and Technology Committee Report, dated March
12, 2024, page 1, strike line 10 and substitute:

"Page 4 of the printed bill, line 5, strike "(20)(c)(I);" and substitute "(9)(a) and
(20)(c);" and strike "(2.5)," and substitute "(4)(c),".".

Page 4 of the bill, after line 22 insert:
"(4) (c) "COOKWARE" DOES NOT INCLUDE FOOD EQUIPMENT INTENDED
PRIMARILY FOR USE IN COMMERCIAL SETTINGS, INCLUDING FOOD EQUIPMENT
SOLD TO A BUSINESS THAT HAS A RETAIL FOOD ESTABLISHMENT LICENSE.".

Page 4 of the bill, after line 26 insert:
"(9) (a) "Fabric treatment" means a product applied to fabric to give the
fabric one or more characteristics, including stain resistance and water
resistance FOR ANY REASON, INCLUDING FOR CONSUMER USE, PREMARKET USE,
AND AFTERMARKET USE.".

Page 5 of the bill, strike lines 17 through 20 and substitute:
"(20) (c) "Product" does not include:
(I) Drugs, medical devices, biologics, or diagnostics approved or
authorized USED IN A MEDICAL SETTING OR IN MEDICAL APPLICATIONS
REGULATED by the federal food and drug administration; or the federal
department of agriculture; or
(II) Veterinary pesticide AND PARASITICIDE products approved by the
federal environmental protection agency OR THE FEDERAL DEPARTMENT OF
AGRICULTURE for use in animals; or
(II.5) BIOLOGICS OR DIAGNOSTICS APPROVED BY THE FEDERAL
DEPARTMENT OF AGRICULTURE FOR USE IN A VETERINARY SETTING OR IN
VETERINARY APPLICATIONS; OR
(III) Packaging used for the products described in subsections (20)(c)(I),
and (20)(c)(II), OR (20)(c)(II.5) of this section.".

Page 1 of the report, strike lines 12 through 16 and substitute:

"Page 6 of the bill, line 7, strike "amend".

Page 6 of the bill, strike line 8 and substitute "add (2)(g), (2.5), (3.5), and (5)
as follows:".

Page 6 of the bill, line 12, strike "2025." and substitute "2026.".

Page 6 of the bill, strike lines 22 through 27.

Page 7 of the bill, strike lines 1 through 6 and substitute:
"(3.5) ON AND AFTER JANUARY 1, 2026, A PERSON SHALL NOT SELL,
OFFER FOR SALE, DISTRIBUTE FOR SALE, OR DISTRIBUTE FOR USE IN THE STATE
THE FOLLOWING PRODUCTS THAT CONTAIN INTENTIONALLY ADDED PFAS
CHEMICALS:
(a) COOKWARE;
(b) DENTAL FLOSS;
(c) MENSTRUATION PRODUCTS; AND
(d) SKI WAX.".

Page 7 of the bill, line 8, strike "AN".

Page 7 of the bill, strike lines 9 and 10 and substitute "THE FOLLOWING
PRODUCTS THAT CONTAIN INTENTIONALLY ADDED PFAS CHEMICALS:
(a) TEXTILE ARTICLES;
(b) OUTDOOR APPAREL FOR SEVERE WET CONDITIONS; AND
(c) FOOD EQUIPMENT INTENDED PRIMARILY FOR USE IN COMMERCIAL
SETTINGS THAT COMES INTO DIRECT CONTACT WITH FOOD.".".

Strike "JULY 1, 2024" and substitute "JANUARY 1, 2026" on: Page 8 of the bill,
lines 10 and 11 and 15.

Amendment No. 3(L.019), by Senator Cutter.

Amend proposed floor amendment (SB081_L.018), page 1, lines 3 and 4, strike
""(9)(a) and (20)(c);"" and substitute ""(20)(c);"".

Page 1 of the amendment, strike lines 10 through 14.

Amendment No. 4(L.020), by Senator Cutter.

Amend printed bill, page 5, after line 16 insert:

"(c) "OUTDOOR APPAREL FOR SEVERE WET CONDITIONS" DOES NOT
INCLUDE PERSONAL FLOTATION DEVICES MADE FOR THE HEALTH AND SAFETY
OF THE USER.".

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

House Journal, April 5
37 SB24-081 be amended as follows, and as so amended, be referred to
38 the Committee of the Whole with favorable
39 recommendation:
40
41 Amend reengrossed bill, page 3, line 20, after "(1.5)," insert "(1.7),
42 (2.5),".
43
44 Page 4, after line 4 insert:
45 "(1.7) (a) "AUTOMOTIVE CLEANING PRODUCT" MEANS A
46 CHEMICALLY FORMULATED CONSUMER PRODUCT LABELED TO INDICATE
47 THAT THE PURPOSE OF THE PRODUCT IS TO MAINTAIN THE APPEARANCE OF
48 A MOTOR VEHICLE, INCLUDING PRODUCTS FOR WASHING, WAXING,
49 POLISHING, CLEANING, OR TREATING THE EXTERIOR OR INTERIOR
50 SURFACES OF MOTOR VEHICLES.
51 (b) "AUTOMOTIVE CLEANING PRODUCT" DOES NOT INCLUDE
52 AUTOMOTIVE PAINT OR PAINT REPAIR PRODUCTS.
53 (2.5) (a) "CLEANING PRODUCT" MEANS A FINISHED PRODUCT USED
54 PRIMARILY FOR DOMESTIC, COMMERCIAL, OR INSTITUTIONAL CLEANING
55 PURPOSES.
56
1 (b) "CLEANING PRODUCT" INCLUDES AN AIR CARE PRODUCT, AN
2 AUTOMOTIVE CLEANING PRODUCT, A GENERAL CLEANING PRODUCT, AND
3 A POLISH OR FLOOR MAINTENANCE PRODUCT.".
4
5 Page 6, after line 25 insert:
6 "(a) CLEANING PRODUCTS, EXCEPT FOR CLEANING PRODUCTS THAT
7 ARE FLOOR MAINTENANCE PRODUCTS USED IN HOSPITAL OR MEDICAL
8 SETTINGS;".
9
10 Reletter succeeding paragraphs accordingly.
11
12 Page 7, after line 6 insert:
13 "(a) CLEANING PRODUCTS THAT ARE FLOOR MAINTENANCE
14 PRODUCTS USED IN HOSPITAL OR MEDICAL SETTINGS;".
15
16 Reletter succeeding paragraphs accordingly.
17
18




BILL SB24-092


Short Title: Cost Effective Energy Codes
Sponsors: B. Pelton (R) / R. Pugliese (R)

The bill requires any provision of any energy code adopted by a county or municipality on or after January 1, 2026, to be cost effective. "Cost effective" means, using the existing energy efficiency standards and requirements as a base of comparison, that the economic benefits of the proposed energy efficiency standards and requirements will exceed the economic costs of those standards and requirements based upon an incremental multi-year analysis that:



Status
1/24/2024 Introduced In Senate - Assigned to Local Government & Housing
2/29/2024 Senate Committee on Local Government & Housing Postpone Indefinitely


BILL SB24-096


Short Title: Limit Fenced Perimeter Security Alarm System Regulations
Sponsors: K. Van Winkle (R) / M. Soper (R)

The bill defines what a fenced perimeter security alarm system is and limits the extent to which a local government is authorized to impose requirements related to the use of a fenced perimeter security alarm system.


(Note: This summary applies to this bill as introduced.)



Status
1/24/2024 Introduced In Senate - Assigned to Local Government & Housing
2/29/2024 Senate Committee on Local Government & Housing Postpone Indefinitely


BILL SB24-179


Short Title: Floodplain Management Program
Sponsors: C. Simpson (R) | N. Hinrichsen (D) / M. Catlin (R) | T. Story (D)

Local government floodplain management regulations for development in floodplain areas must equal or exceed the federal emergency management agency's national flood insurance program's (national flood insurance program) minimum design and construction criteria and must comply with the Colorado water conservation board's (CWCB) rules and regulations for regulatory floodplains in Colorado. Not all local governments participate in the national flood insurance program.

The act requires the office of the state architect, in coordination with the CWCB, to develop a state floodplain management program (program) by June 30, 2025, which will ensure compliance with the minimum floodplain management criteria of the national flood insurance program and with the CWCB's rules and regulations for regulatory floodplains in Colorado. The program applies to development on state-owned land in counties and municipalities that do not participate in the national flood insurance program. At the discretion of the office of the state architect, the program may also apply to state-leased properties in counties and municipalities that do not participate in the national flood insurance program.

The act appropriates $49,383 from the general fund to the department of personnel for use by the office of the state architect.

APPROVED by Governor June 6, 2024

EFFECTIVE August 7, 2024
(Note: This summary applies to this bill as enacted.)



Status
3/7/2024 Introduced In Senate - Assigned to Local Government & Housing
3/28/2024 Senate Committee on Local Government & Housing Refer Unamended to Appropriations
4/12/2024 Senate Committee on Appropriations Refer Amended - Consent Calendar to Senate Committee of the Whole
4/12/2024 Senate Second Reading Special Order - Passed with Amendments - Committee
4/15/2024 Senate Third Reading Passed - No Amendments
4/15/2024 Introduced In House - Assigned to Transportation, Housing & Local Government
4/23/2024 House Committee on Transportation, Housing & Local Government Refer Unamended to Appropriations
4/25/2024 House Committee on Appropriations Refer Unamended to House Committee of the Whole
4/26/2024 House Second Reading Special Order - Passed - No Amendments
4/29/2024 House Third Reading Passed - No Amendments
5/8/2024 Sent to the Governor
5/8/2024 Signed by the President of the Senate
5/8/2024 Signed by the Speaker of the House
6/6/2024 Governor Signed

Amendment

Senate Journal, April 11
After consideration on the merits, the Committee recommends that SB24-179 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation and with a recommendation that it be placed on the Consent Calendar.
Amend printed bill, page 3, after line 4 insert:

"SECTION 2. Appropriation. For the 2024-25 state fiscal year,
$49,383 is appropriated to the department of personnel for use by the office of
the state architect. This appropriation is from the general fund and is based on
an assumption that the office will require an additional 0.8 FTE. To implement
this act, the office may use this appropriation for the office of the state
architect.".

Renumber succeeding section accordingly.

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


Appro-
priations