Amendments for HB24-1313
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.