The act prohibits insurers from denying a homeowner's insurance policy or a dwelling fire insurance policy or increasing the premium for such a policy based on the breed or mixture of breeds of dog that resides at the insured dwelling, while allowing denial if a specific individual dog is a dangerous dog. Insurers are also prohibited from asking or otherwise inquiring about the specific breed or mixture of breeds of dog kept at a dwelling except to ask if the dog is known to be or has been declared a dangerous dog. For purposes of these provisions, a dwelling includes a dwelling unit that is a structure or part of a structure that is used as a home, residence, or sleeping place by a tenant.

The act also requires that an officer executing a writ of restitution inspect the premises for pet animals and give any pet animal found to the tenant of the premises if the tenant is present at the time the writ is executed. If a tenant is not present, the officer must contact a local authority in charge of animal control to take custody of any pet animal. The landlord shall provide the local animal control authority with access to the premises to allow the pet animals to be removed or secured and with the name and contact information for the tenant and shall leave contact information for the tenant as to where the pet animal has been taken by posting notice in a visible place at the premises. The act provides that no pet animal shall be removed from the premises during the execution of a writ and left unattended on public or private property.

The act also limits the amount of an additional security deposit a landlord can receive from a prospective or current tenant as a condition of permitting the tenant's pet animal to reside at the residential premises to a refundable $300. Additionally, a landlord is prohibited from demanding or receiving additional rent from a tenant as a condition of permitting the tenant's pet animal to reside at the residential premises in an amount that exceeds $35 per month or 1.5% per month of the tenant's monthly rent, whichever is greater.

The act also excludes pet animals from the categories of a tenant's personal property that a person who rents furnished or unfurnished rooms or apartments may place a lien on for unpaid board, lodging, or rent.

APPROVED by Governor June 7, 2023

EFFECTIVE January 1, 2024

NOTE: This act was passed without a safety clause.
(Note: This summary applies to this bill as enacted.)

Fiscal Note

Current law prohibits a written rental agreement from including:

• An unreasonable liquidated damages clause that assigns a cost to a party stemming from an eviction notice or an eviction action for a violation of the rental agreement; or
• A one-way, fee-shifting clause that awards attorney fees and court costs only to one party. Any fee-shifting clause in a rental agreement must award attorney fees to the prevailing party in a court dispute.

The act amends these prohibitions so that:

• A written rental agreement must not include any clause that assigns a penalty to a party stemming from an eviction notice or an eviction action that results from a violation of the rental agreement; and
• Any fee-shifting clause in a rental agreement must award attorney fees to the prevailing party only following a determination that the party prevailed and the fee is reasonable.

With certain exceptions, the act also prohibits a written rental agreement from including:

• A waiver of the right to a jury trial; the ability to pursue, bring, join, litigate, or support certain class or collective claims or actions; the implied covenant of good faith and fair dealing; or the implied covenant of quiet enjoyment;
• A provision that purports to affix any fee, damages, or penalty for a tenant's failure to provide notice of nonrenewal of a rental agreement prior to the end of the rental agreement;
• A provision that characterizes any amount or fee set forth in the rental agreement, with the sole exception of the set monthly payment for occupancy of the premises, as "rent" for which all remedies to collect rent, including eviction, are available;
• A provision that requires a tenant to pay a fee markup or for a service for which the landlord is billed by a third party; or
• A provision that purports to allow a provider operating under any local, state, or federal voucher or subsidy program to commence or pursue an action for possession based solely on the nonpayment of utilities.

The act specifies that some of the new prohibitions do not apply to a rental agreement concerning the occupancy of a mobile home in a mobile home park or to a duplex or triplex or to an accessory dwelling unit of a residential premises if:

• The owner of the duplex, triplex, or residential premises uses the residential premises or at least one of the units of the duplex or triplex, as applicable, as the owner's primary residence; or
• The owner's primary residence is on the same lot as the duplex, triplex, or residential premises.

APPROVED by Governor June 5, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

Fiscal Note

Except in certain circumstances, the act requires a landlord to accept from a prospective tenant a portable tenant screening report (screening report). A landlord may require that the screening report was prepared by a consumer reporting agency (reporting agency) within the previous 30 days, at the prospective tenant's request and expense, and made directly available to the landlord by the agency. The act specifies information that must be included in a screening report, including verification of employment and income, rental and credit history, and criminal history. If a prospective tenant provides a screening report, the landlord shall not charge the prospective tenant either an application fee or a fee for the landlord to access or use the screening report.

Prior to collecting any tenant information that would generate an application fee, a landlord shall advise a prospective tenant that the landlord accepts screening reports and is prohibited from charging an application fee or other fee to a prospective tenant who provides a screening report.

A landlord is not required to accept a screening report or to provide the advisements required in the act if the landlord does not accept more than one application fee at a time for a dwelling unit or, if a dwelling unit is rented to more than one occupant, does not accept more than one application fee at a time for each prospective tenant or tenant group for the dwelling unit, and if the landlord refunds the total amount of the application fee to each prospective tenant within 20 calendar days after written communication from the prospective tenant or the landlord declining to enter into a lease.

If a prospective tenant submits a rental application that results in a landlord obtaining a consumer report relating to the prospective tenant, the landlord shall also provide a copy of the consumer report to the prospective tenant and advise the prospective tenant of the tenant's right to dispute the accuracy of the consumer report with the reporting agency.

A landlord that violates the provisions of the act is liable for $2,500, plus court costs and attorney fees, but if the landlord cures the violation within 7 calendar days after receiving notice of the violation, the landlord is to pay the prospective tenant a penalty of $50 and is otherwise not liable for damages. The act authorizes the attorney general to independently initiate and bring an action to enforce the "Rental Application Fairness Act".

APPROVED by Governor May 4, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

Fiscal Note

The bill repeals statutory provisions prohibiting counties and municipalities from enacting any ordinance or resolution that would control rent on private residential property or a private residential housing unit (rent control) and sets the following guidelines for the enactment of rent control:

• Rent control must be uniformly applied among all renters that are similarly situated;
• Rent control must be uniformly applied among all private residential properties and private residential housing units that are similarly situated; except that:
• For 15 years from the date on which the first certificate of occupancy was issued, no rent control may be applied;
• Rent control may be applied to a mobile home or mobile home park regardless of the date the mobile home or mobile home park was built or the date a certificate of occupancy was issued; and
• No rent control may be applied to housing units provided by nonprofit organizations and regulated by fair market rents published by the United States department of housing and urban development or any other similar federal or state program; and
• Rent control that limits the amount of an annual rent increase must not impose a limit less than the percentage increase in the consumer price index plus three percentage points plus reasonable increases reflective of the actual costs of substantial renovations.

Regardless of the first two of these guidelines, the bill permits a local government to have or adopt an ordinance or regulation that is expressly intended and designed to increase the supply of affordable housing. The bill also makes a conforming amendment.

(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.)

Fiscal Note

The act requires a landlord and residential tenant to participate in mandatory mediation prior to commencing an eviction action if the residential tenant receives supplemental security income, federal social security disability insurance, or cash assistance through the Colorado works program (collectively, "cash assistance"). The landlord and residential tenant do not have to participate in mediation if the residential tenant did not disclose or declined to disclose in writing to the landlord that the residential tenant receives cash assistance, the complainant is a 501(c)(3) nonprofit organization that offers opportunities for mediation to residential tenants, or the complainant is a landlord with 5 or fewer single-family rental homes and no more than 5 total rental units. Failure to comply with mandatory mediation is an affirmative defense.

The act prohibits a law enforcement officer from executing a writ of restitution against a residential tenant for at least 30 days after the entry of judgment if the residential tenant receives cash assistance, except in the case in which a court has ordered a judgment for possession for a substantial violation or in the case of a landlord with 5 or fewer single-family rental homes and no more than 5 total rental units.

The act requires a written demand to include a statement that a residential tenant who receives cash assistance has a right to mediation prior to the landlord filing an eviction complaint with the court.

The act requires a written rental agreement to include a statement that current law prohibits source of income discrimination and requires a non-exempt landlord to accept any lawful and verifiable source of money paid directly, indirectly, or on behalf of a person.

The act prohibits a written rental agreement from including a waiver of mandatory mediation or a clause that allows a landlord to recoup any costs associated with mandatory mediation.

The act appropriates $328,026 from the general fund to the judicial department for use by courts administration. To implement this act, the department may use this appropriation as follows:

• $246,076 for general courts administration;
• $75,000 for information technology infrastructure; and
• $6,950 for capital outlay.

APPROVED by Governor June 6, 2023

EFFECTIVE June 6, 2023
(Note: This summary applies to this bill as enacted.)

Fiscal Note

Current law establishes water and energy efficiency standards (standards) for certain appliances and fixtures sold in Colorado. Sections 1 through 7 of the act expand the appliances and fixtures that are subject to the standards and update the standards.

Specifically, section 4 updates standards for certain new appliances and fixtures that are sold, leased, or rented in Colorado on and after certain dates, including:

• Showerheads, urinals, water closets, and certain faucets;
• Certain lamps;
• Commercial hot food holding cabinets;
• Portable electric spas;
• Residential ventilating fans; and
• Spray sprinkler bodies.

Section 4 also creates new standards for certain new appliances and other fixtures that are sold or leased in Colorado on and after January 1, 2026, including:

• Air purifiers;
• Commercial ovens;
• Electric storage water heaters;
• Electric vehicle supply equipment;
• Gas fireplaces;
• Irrigation controllers;
• Tub spout diverters and showerhead tub spout diverter combinations;
• Certain residential windows, residential doors, and residential skylights; and
• Thermostats.

Section 4 also removes standards for air compressors, general service lamps, and uninterruptible power supplies.

Section 5 requires the executive director (executive director) of the department of public health and environment (department) to promulgate rules on or before January 1, 2026, and every 5 years thereafter establishing standards for appliances and other devices that are not subject to the standards if certain conditions are met.

Section 6 exempts manufacturers of products subject to the standards from having to demonstrate that a product complies with the law if the product appears in the state appliance standards database maintained by the Northeast Energy Efficiency Partnerships or a successor organization. Section 6 also requires the executive director to verify major retailers' and distributors' compliance with the standards through online spot-checks, coordination with other states that have similar standards, or both. The executive director must deliver a report to the legislative committees of reference concerning the method and findings of the verifications, post the report on the department's website, and report any findings of violations to the attorney general.

Under current law, any person who sells or offers to sell in the state any new consumer product that is required to meet an efficiency standard but that the person knows does not meet that standard is subject to a civil penalty of not more than $2,000 for each violation, which amount is credited to the general fund. Section 7 credits any penalties imposed to the energy fund created in the Colorado energy office rather than to the general fund and specifies that each transaction or online for-sale product listing constitutes a separate violation.

Section 8 establishes the "Clean Lighting Act" to phase out the sale of general-purpose fluorescent light bulbs that contain mercury. With certain exceptions, on and after January 1, 2025, a person shall not manufacture, distribute, sell, or offer for sale in Colorado any linear florescent lamp or compact fluorescent lamp.

Section 9 establishes standards for heating and water heating appliances. With certain exceptions, on and after January 1, 2026, a person shall not manufacture, distribute, sell, offer for sale, lease, or offer for lease in Colorado any new water heater or fan-type central furnace unless the emissions of the product do not exceed certain limits on emissions. Section 9 also requires manufacturers to use certain testing protocols, display certain information on each product, and demonstrate compliance through one of 2 described means.

Section 9 also allows the executive director to promulgate rules updating any emission standard, definition, or test method for new water heaters or fan-type central furnaces in order to maintain or improve consistency with other comparable standards in other states so long as the updated version results in air quality that is equal to or better than air quality achieved using the prior standard. On or before January 1, 2030, the executive director must conduct an analysis to determine whether statewide greenhouse gas emissions from water heaters and fan-type central furnaces are declining in comparison to emission levels in 2023 in a manner that comports with the statewide greenhouse gas reduction goals. Unless the analysis determines that the emissions trajectory is consistent with achieving the statewide greenhouse gas reduction goals, the executive director shall propose to the air quality control commission rules to bring the emission levels in line with the reduction goals.

Sections 8 and 9 both require the executive director to verify major retailers' and distributors' compliance with the prohibitions through online spot-checks, coordination with other states that have similar standards, or both. The executive director must deliver a report to the legislative committees of reference concerning the method and findings of the verifications, post the report on the department's website, and report any findings of violations to the attorney general. If the attorney general has probable cause to believe that a violation occurred, the attorney general may bring a civil action on behalf of the state to seek the imposition of civil penalties, and any civil penalties are to be deposited in the energy fund.

For the 2023-24 state fiscal year, the act appropriates $49,730 to the department from the general fund to be used by the department as follows:

• $5,848 for use by the division of environmental health and sustainability for administration and support; and
• $43,882 for the purchase of legal services, which amount is reappropriated to the department of law to provide legal services for the department.

APPROVED by Governor June 1, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

Fiscal Note

The bill prohibits a landlord from evicting a residential tenant unless the landlord has just cause for eviction. Just cause exists only when:

• A tenant or lessee is guilty of an unlawful detention of real property under certain circumstances described in existing law, as amended; or
• The tenant continues to fail to pay rent after the landlord provides the tenant timely written notice of such nonpayment;
• The tenant commits a substantial violation and does not cure it within 10 days after the landlord provides the tenant written notice of the substantial violation;
• Conditions exist constituting grounds for a no-fault eviction.
• The tenant refuses to allow the landlord to enter the residential premises after the landlord has provided written notice of such entry at least 48 hours before attempting such entry, unless the rental agreement specifies a longer period of advanced written notice; or
• The tenant refuses to sign a new rental agreement with terms that are substantially identical to the tenant's current rental agreement, so long as the landlord proffers the new rental agreement at least 30 days before the expiration of the current rental agreement.

The following conditions constitute grounds for a no-fault eviction of a tenant, with certain limitations:

• Demolition or conversion of the residential premises;
• Substantial repairs or renovations to the residential premises; or
• Occupancy of the residential premises assumed by the landlord or a family member of the landlord;
• Expiration of time-limited housing operated by a mission-driven organization; and
• Withdrawal of the residential premises from the rental market for the purpose of selling the residential premises.

With certain exceptions, a landlord that proceeds with a no-fault eviction of a tenant must provide relocation assistance to the tenant in the amount of 2 months' rent plus the amount of one additional month of rent if any of the following individuals reside in the residential premises at the time the landlord proceeds with the no-fault eviction:

• An individual who is less than 18 years of age or at least 60 years of age;
• A low-income individual; or
• An individual with a disability.

If a landlord proceeds with an eviction of a tenant of a residential premises in violation of the new provisions, the tenant may seek relief as provided in existing laws concerning unlawful removal of a tenant.

A landlord's failure to comply with the new restrictions on evictions is an affirmative defense for a tenant to an eviction proceeding. Existing law describes various circumstances under which a person is guilty of an unlawful detention of real property. The bill narrows the applicability of 2 such circumstances to apply to nonresidential and residential real property, respectively. The bill also adds 2 such circumstances, which are:

• When a tenant or lessee holds over upon the expiration of a residential rental agreement when the landlord has timely offered a new rental agreement with terms substantially identical to the current residential rental agreement and provided timely notice to the tenant; and
• When the landlord has provided the tenant timely notice of the landlord's plans to recover possession of the property for the landlord's own use and occupancy as a principal residence by the landlord or an immediate family member.

Current law allows a tenant to terminate a tenancy by serving written notice to the landlord within a prescribed time period, based on the length of the tenancy, and for the purpose of such notices to quit a tenancy, certain provisions apply, including the following:

• Any person in possession of real property with the assent of the owner is presumed to be a tenant at will until the contrary is shown;
• No notice to quit is necessary from or to a tenant whose term is, by agreement, to end at a time certain; and
• Certain provisions concerning notices to quit do not apply to the termination of a residential tenancy if the residential premises is a condominium unit.

The bill eliminates these provisions.

Current law requires that, except when posting notices that are required by law or by a rental agreement, the management of a mobile home park must make a reasonable effort to notify a resident of the management's intention to enter the mobile home space at least 48 hours before entry. The bill changes this period from 48 hours to 72 hours.

(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.)

Fiscal Note

Section 2 of the act clarifies and expands the current property tax exemption for property acquired by nonprofit housing providers for low-income housing. Section 2 also clarifies that property may qualify for the property tax exemption, through construction on the property, until the property is sold or transferred. The act expands the definition of "low-income" applicants to include individuals or families who are at or below 100% of the area median income or, if the property is in a rural resort community, at or below 120% of the area median income, as well as individuals or families who are at or below 80% of the area median income and were already included in the definition. Section 1 of the act requires applicants for the exemption described in section 2 of the act to follow the same process and submit the same forms that are required for applicants for similar exemptions.

Section 3 deems certain property held by community land trusts and nonprofit affordable homeownership developers to be used for a strictly charitable purpose and to consequently be exempt from property taxation in accordance with the state constitution. To qualify for the exemption, the property must be split into a separate taxable parcel from the improvements on the property and leased to the owner of the improvements as an affordable homeownership property.

APPROVED by Governor May 25, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

Fiscal Note

For a residential eviction action filed in county court, the act:

• Requires the court to allow either party or any witness to choose to appear in person or remotely at any return, conference, hearing, trial, or other court proceeding and to allow either party to change their designation until up to 48 hours before the proceeding;
• Authorizes a pro se defendant to file an answer to a summons electronically through an e-filing system; and authorizes either party, if the party is pro se, to file a motion or other documents electronically through an e-filing system;
• Prohibits the court from assessing an e-filing fee or service fee on a motion to waive filing fees, or from assessing an e-filing fee, service fee, or any other fee associated with the electronic filing or e-mailing of motions, answers, or documents for an indigent party; and
• Requires the court to comply with federal and state law or regulations, including state supreme court directive or policy, regarding accommodations for people with a disability or for people with limited English proficiency.

If a party is appearing remotely and is disconnected, the act requires the court to make all reasonable efforts to contact the party and allow reasonable time for the party to reestablish connection. If the party is unable to reestablish connection, the act requires the court to reschedule the hearing for the first available in-person date after the date of the originally scheduled hearing, but no later than one week after the originally scheduled hearing, to the extent practicable. The act prohibits the court from entering a default judgment if a party is unable to participate remotely due to a technological disconnection or failure.

The act requires the complaint to include a designation of whether the plaintiff elects to participate in any hearing in person or remotely and a box indicating if the eviction is for a residential or commercial tenancy.

The act requires the summons to include a statement in bold-faced type notifying the defendant that either party has a right to appear in person or remotely, include a place for the defendant to indicate whether the defendant will appear in person or remotely, and provide information for how a pro se party can file documents related to the case.

The act appropriates $418,118 from the general fund and the judicial department information technology cash fund to the judicial department for trial court programs, capital outlay, and information technology infrastructure.

APPROVED by Governor June 7, 2023

EFFECTIVE January 1, 2024

NOTE: This act was passed without a safety clause.
(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act creates a state income tax credit for income tax years commencing on or after January 1, 2024, but before January 1, 2027, for employers who make a monetary contribution to an employee for use by the employee in purchasing a primary residence. The amount of the credit allowed is 5% of an employer's contribution to an employee, but the credit is capped at $5,000 per employee per year and an employer cannot receive a credit of more than $500,000 for all contributions made in a year to employees. The employee must use the money contributed for eligible expenses which include a down payment and closing costs, including fees for appraisals, mortgage origination, and inspections. An employee may authorize their employer to withhold a specified amount of the employee's earnings as an employee contribution into the savings account established by the employer that holds the employer contribution. If an employee ends their employment with the employer or if the employee intends to use the employee contribution in a manner that is not consistent with an eligible expense, the employee forfeits any unexpended amount of the employer contribution and the amount of the credit allowed to the employer for the employer contribution is subject to recapture. In such an occurrence, the employee is entitled to the employee contribution, plus any interest earned. The credit is not refundable but may be carried forward by the employer for a period of not more than 5 years. The executive director of the department of revenue may promulgate rules related to the implementation of the credit.

For income tax years commencing on or after January 1, 2024, but before January 1, 2027, the amount contributed by the employer may be subtracted by the employee from the employee's federal taxable income for the purpose of determining their state taxable income; except that, if an employee forfeits the employer contribution, then the amount that the employee had subtracted from their federal taxable income is added back to their federal taxable income for the purpose of determining their state taxable income for the subsequent tax year.

APPROVED by Governor June 7, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act creates a right of first refusal of a local government to match an acceptable offer for the sale of a multifamily residential or mixed-use rental property consisting of 15 or more units in an urban county or 5 or more units in a rural or rural resort county (property). The right to the purchase of the property by the local government is effective on and after August 7, 2023 until August 1, 2028, is subject to the local government's commitment to using the property as long-term affordable housing, and, if the property is mixed-use, applies only to the residential portion of the property. The local government may assign its right of first refusal to a housing authority that is within the local government's jurisdiction, to a regional housing authority, or to the Colorado housing and finance authority subject to the limitation that the assignee make the same commitment to using the property as long-term affordable housing.

The act requires notices to be given by the seller to the local government and by the local government to the seller and to residents of the property. Upon receiving notice of intent to sell or of a potential sale of property, the local government has 7 calendar days to preserve its right of first refusal and an additional 30 calendar days to make an offer and must agree to close on the property within 60 calendar days if practicable but within not more than 90 calendar days of the execution of an agreement for the sale and purchase of the qualifying property; except that there are certain circumstances that may allow these periods to be tolled. Prior to the sale of a property, the seller is required to execute and record an affidavit in the real property records of the county in which the property is located certifying that either the rights and property interests of the local government have expired or been released or waived or that the local government or its assignee is the purchaser of the property.

The act allows certain sales of property to be exempt from the right of first refusal and the requirements established by the act for the right of first refusal. The act also allows the local government to waive its right of first refusal to purchase a property if the local government elects to disclaim its rights to any proposed transaction or for any duration of time or if there is a third-party buyer interested in purchasing the property with the same commitment to preserving or converting the property for long-term affordable housing that enters into an agreement with the local government concerning the third-party buyer's commitment to long-term affordable housing.

If the local government, its assignee, or a third-party buyer who has committed to preserving or converting the property for long-term affordable housing has acquired the property and maintained the property for long-term affordable housing for 50 years, the property may be converted to another use if the following conditions are met:

• Notice is given to residents prior to the conversion;
• Any displaced residents are provided with compensation for relocation; and
• The local government, its assignee, or a third-party buyer who has committed to preserving or converting the property for long-term affordable housing guarantees the development or conversion of an equal or greater amount of units within the boundaries of the local government for long-term affordable housing and offers the units first to any residents displaced by the conversion of the property.

The act also provides that the attorney general's office has responsibility to enforce the provisions of the act and that the attorney general's office, the local government, or a mission-driven organization has standing to bring a civil action for violations of the right of first refusal established by the act. If a court finds that a seller or a third-party buyer that has entered into an agreement with the local government for the waiver of the local government's right of first refusal has materially violated the law with respect to the provisions of the right of first refusal, the court must award a statutory penalty of not less than $50,000 or an amount equal to 30% of the purchase or listing price of the property, whichever amount is greater.

VETOED by Governor June 6, 2023
(Note: This summary applies to this bill as enacted.)

Fiscal Note

Under current law, a person commits an unfair and unconscionable act or practice if the person engages in price gouging with regard to the sale or provision of certain goods or services during, and for a certain period after, a declared emergency disaster (disaster period). The act extends the disaster period from 180 days after the first declaration of the disaster to 180 days after the final declaration concerning the disaster expires.

The act also repeals and reenacts the "Colorado Antitrust Act of 1992" as the "Colorado State Antitrust Act of 2023" (antitrust act) and:

• Establishes that the facilitation or aiding and abetting of another person's violation of the antitrust act is itself a violation of the antitrust act;
• Authorizes the attorney general (AG) to request discovery from any person that the AG believes may in the future engage in, or has information related to, a violation of the antitrust act;
• Authorizes the AG to deem investigatory or intelligence records related to the antitrust act available for public inspection and allows the AG to issue public statements or warnings regarding conduct forming the basis of the investigatory or intelligence records;
• Authorizes a court, upon request of the AG, to compensate a person that has been injured from a violation of the antitrust act as part of a civil action that the AG brings on behalf of the person;
• Increases the maximum civil penalty that a court may award for a violation of the antitrust act from $250,000 to $1,000,000 per violation; and
• With regard to the statute of limitations for commencing a civil action under the antitrust act:
• Clarifies that a cause of action accrues on the date of the last in a series of acts or practices that, in the aggregate, constitute a violation of the antitrust act; and
• Tolls the statute of limitations for any civil action pertaining to an alleged violation of the antitrust act during the pendency of a federal proceeding regarding the conduct forming the basis of the alleged violation of the antitrust act.

APPROVED by Governor June 7, 2023

EFFECTIVE June 7, 2023
(Note: This summary applies to this bill as enacted.)

Fiscal Note

Section 2 of the act requires the state electrical board (board) to adopt rules requiring compliance, starting March 1, 2024, with the provisions of the model electric ready and solar ready code that require multifamily buildings to comply with the electric vehicle (EV) power transfer infrastructure requirements. The board is precluded from adopting rules that prohibit the installation or use of EV charging stations unless the rules address a bona fide safety concern.

Sections 3 and 4 expand the prohibition against a landlord of rental property or a management association (association) of a common interest community from unreasonably prohibiting the installation of EV charging equipment in the leased premises or a unit in the common interest community (unit) to also apply to an assigned or a deeded parking space for the leased premises or unit, to parking spaces accessible to both the tenant or unit owner and other tenants or unit owners, and to commercial rental property.A landlord or association must also allow an EV or a plug-in hybrid vehicle to park on the premises.

Colorado law grants a local government the ability to regulate parking, and this regulation includes requiring that buildings meet minimum parking standards. Sections 5, 6, and 7 require a local government, when counting minimum parking spaces, to count:

• Any parking space that is served by an EV charging station as at least one standard automobile parking space; and
• Any van-accessible parking space that is wheelchair accessible and served by an EV charging station as at least 2 standard automobile parking spaces.

Sections 8 and 9 prohibit local governments from adopting an ordinance or a resolution that prohibits the installation or use of EV charging stations or restricts parking based on a vehicle being a plug-in hybrid vehicle or plug-in electric vehicle unless the ordinance or resolution addresses a bona fide safety concern. The decision is subject to judicial review.

Sections 10 and 11 give local governments that have electrical, elevator and escalator, and plumbing codes adopted by reference to state codes the option to not adopt certain energy efficiency codes when their electrical, elevator and escalator, and plumbing codes are automatically updated because the state has updated these codes.

Section 12 exempts, until 2030, EV charging systems from the levy and collection of property tax.

Federal law prohibits the construction of automotive service stations or other commercial establishments for serving motor vehicle users along interstate highway rights-of-way, including rest areas. Due to this prohibition, the state cannot construct EV charging systems along interstate highway rights-of-way, including rest areas, in the state. Section 13 specifies that, when the federal law no longer prohibits the construction of EV charging systems along interstate highway rights-of-way, the department of transportation may collaborate with public or private entities to develop projects for the construction of EV charging systems along interstate highway rights-of-way. In addition, the department of transportation may develop these types of projects along state highways.

Section 14 defines the phrase "disproportionately impacted community" for state government to include communities in which:

• The proportion of households that are below 200% of the federal poverty level is greater than 40%;
• The proportion of households that spend more than 30% of household income on housing is greater than 50%;
• The proportion of the population that identifies as people of color is greater than 40%;
• The proportion of the population that is linguistically isolated is greater than 20%;
• The population has a history of being subject to environmental racism perpetuated through redlining or through anti-indigenous, anti-immigrant, anti-Latino, or anti-Black laws, policies, or practices and that present-day demographic factors and data demonstrate that the community currently faces environmental health disparities;
• The community is identified by a statewide agency as being one where multiple factors, including socioeconomic stressors, vulnerable populations, disproportionate environmental burdens, vulnerability to environmental degradation or climate change, and lack of public participation, may act cumulatively to affect health and the environment and may contribute to persistent disparities;
• The community is a mobile home park; or
• The community is located on the Southern Ute or Ute Mountain Ute Indian reservation.

All statewide agencies are required to use the definition of disproportionately impacted community, but the agencies are given flexibility in applying the definition.

APPROVED by Governor May 23, 2023

EFFECTIVE May 23, 2023
(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act creates the task force on corporate housing ownership (task force) in the state demography office in the department of local affairs and directs the task force to:

• Examine housing ownership by corporate entities and residential real estate transactions by corporate entities in Colorado since January 1, 2008, including purchases resulting from foreclosures;
• Determine a methodology by which to examine the impacts of corporate acquisition and ownership of residential property, with a focus on single-family homes, condominiums, and townhomes;
• Gather and analyze data, reports, and public records related to corporate ownership of housing;
• Make legislative recommendations to mitigate any negative impacts related to corporate ownership of housing that are identified by the task force; and
• Report to specified legislative committees certain information concerning the impacts of corporate ownership of housing.

The task force must report its findings to the transportation, housing, and local government committee of the house of representatives and the local government and housing committee of the senate, or to any successor committees, by October 1, 2025. The task force is repealed, effective September 1, 2027.

For the 2023-24 state fiscal year, the act appropriates from the general fund:

• $122,549 to the department of local affairs for use by the state demography office; and
• $1,416 to the legislative department for use by the general assembly.

APPROVED by Governor June 7, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act expands conditions covered under the warranty of habitability for residential premises to include damage due to an environmental public health event.

The act requires a landlord to have a residential premises remediated to a condition that complies with applicable standards for the remediation and clean up of residential premises after damage due to an environmental public health event. The act also clarifies landlord responsibilities regarding the warranty of habitability and how a tenant must give notice to a landlord if there are habitability issues with the tenant's residence.

The act prohibits a landlord from retaliating against a tenant for making a good faith complaint about the conditions of the residential premises and provides conditions by which a tenant may terminate a lease if a habitability issue is not remediated. The act also specifies conditions by which certain vulnerable populations may terminate a lease if the residential premises has been damaged due to an environmental public health event that would be detrimental to the health, safety, or quality of life of those vulnerable populations.

APPROVED by Governor May 12, 2023

EFFECTIVE May 12, 2023
(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act preempts any existing local governmental entity housing growth restriction that explicitly limits either the growth of the population in the local governmental entity's jurisdiction or the number of development permits or building permit applications for residential development or the residential component of any mixed use development submitted to, reviewed by, approved by, or issued by a governmental entity for any calendar or fiscal year and forbids the enactment or enforcement of any such future local housing growth restriction unless the governmental entity has experienced a disaster emergency, has developed or amended land use plans or land use laws covering residential development or the residential component of a mixed-use development, or is extending or acquiring public infrastructure, public services, or water resources. A governmental entity that experiences one of these events may implement a growth cap for up to 24 months in a 5-year period.

APPROVED by Governor June 7, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act creates a water testing program for mobile home parks (parks). The testing program is developed and administered by the water quality control division (division) in the department of public health and environment (department). The act also sets testing prioritization criteria and testing standards. Within 10 days after receiving test results, the division will notify the following of the test results and, if the testing reveals a water quality issue, include information about the availability of the complete test results, any violation of water quality standards, recommended actions, remediation, and the grant program established in the act:

• The park owner;
• The county department of health where the park is located;
• The municipality where the park is located, if any;
• The division of housing in the department of local affairs;
• The water supplier; and
• The environmental justice ombudsperson (ombudsperson).

Upon receiving the notice, the park owner must:

• Notify the park residents within 5 days in the language chosen by the residents;
• Comply with orders of the division; and
• Not impose the cost of compliance on park residents.

Within 120 days after receiving the notice, the park owner must prepare and submit to the division a remediation plan. The park owner must complete the remediation plan based on a schedule approved by the division, consult with the division, and provide a reasonable and sufficient amount of accessible drinking water or department-approved filters to park residents if necessary to address acute health risks.

The division will coordinate with the division of housing in the department of local affairs to identify potential money, including grant money from the grant program created in the act, to support park water quality remediation.

The division will develop an action plan to address and improve water quality in parks. Standards are established for the action plan and the development of the action plan.

The act creates a grant program to help park owners, nonprofit entities, and local governments address water quality issues in parks. Standards are set for obtaining and spending grants. The division will implement and administer the grant program. The general assembly will annually appropriate money to the department to fund the grant program.

The act is enforced by the attorney general and the division, which may issue cease-and-desist orders. The attorney general may request a temporary restraining order, preliminary injunction, permanent injunction, or any other relief necessary to protect the public health, water quality, or environment. The act establishes that:

• The division may impose a civil penalty of up to $10,000 plus an additional $5,000 per full calendar month the violation continues;
• A park owner that fails to register under the "Mobile Home Park Act Dispute Resolution and Enforcement Program" violates the "Colorado Consumer Protection Act";
• Retaliation against a tenant for making a complaint is prohibited; and
• A person may bring a civil action under the "Mobile Home Park Act".

Civil penalties are deposited in the mobile home park water quality fund to be used to provide grants through the grant program and for the division to administer and enforce the act.

The ombudsperson is given the duty to represent park residents in matters of water quality.

The act adds water quality issues to the database created by the "Mobile Home Park Act Dispute Resolution and Enforcement Program", which tracks complaints filed against parks.

To implement the act, $3,611,859 is appropriated from the general fund to the mobile home park water quality fund, of which $3,407,448 is reappropriated to the department for administration, personal services, and the purchase of legal services, and $136,885 is appropriated from the general fund to the mobile home park act dispute resolution and enforcement program fund for use by the department of local affairs.

APPROVED by Governor June 5, 2023

EFFECTIVE June 5, 2023
(Note: This summary applies to this bill as enacted.)

Fiscal Note

A board of county commissioners is currently authorized to license and regulate an owner or owner's agent of a lodging unit that is rented or advertised for short-term stays, and "owner's agent" expressly excludes an internet hospitality service. The act modifies this regulatory authority by clarifying that it applies to lodging units that are available for short-term rentals, which are rentals for less than 30 days, and by excluding a hotel unit from the scope of the authority.

The act also changes "internet hospitality service" to "vacation rental service" (service), defines the term, and provides separate authority for a board of county commissioners to regulate a service. This authority, however, is limited to requiring:

• An owner or owner's agent to include a rental license or permit number, if applicable, in any listing for a lodging unit on the service's website or other digital platform; and
• The service to remove a listing from the service's website or other digital platform, if properly notified by a county that the owner of the listed lodging unit has had a local short-term rental license or permit suspended or revoked or has been issued a notice of violation or similar legal process for not possessing a valid local short-term rental license or permit or that the county has a prohibition on short-term rentals that applies to the lodging unit.

Upon the request of an owner of a hotel unit that is located in a building with one or more lodging units or a vacation rental service on which the hotel unit is listed, a county is required to provide written verification that the hotel unit is exempt from the ordinance because it is not a lodging unit.

APPROVED by Governor June 5, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act creates the task force on the rights of Coloradans with disabilities (task force) in the Colorado civil rights commission. The task force shall create a minimum of 4 subcommittees to study and make recommendations on specific issues related to persons with disabilities:

• The rewrite subcommittee, which must study and make recommendations concerning the various issues related to the rewrite and modernization of the Colorado Revised Statutes concerning civil rights of persons with disabilities;
• The outdoors subcommittee, which must study and make recommendations related to the basic accessibility of outdoor spaces for persons with disabilities;
• The housing subcommittee, which must study and make recommendations related to the affordability, accessibility, and attainability of housing for persons with disabilities; and
• The government subcommittee, which must focus on basic physical and programmatic accessibility within state and local government.

Minimum mandatory membership and reporting requirements are outlined for the task force and each subcommittee. The task force shall produce a final report, including recommendations, to submit to the governor and general assembly on or before January 30, 2025.

For the 2023-24 state fiscal year, the act appropriates $289,568 from the general fund to the department of regulatory agencies for use by the civil rights division to implement the act.

APPROVED by Governor May 25, 2023

EFFECTIVE May 25, 2023
(Note: This summary applies to this bill as enacted.)

Fiscal Note

The bill modifies the accessible housing standards and specifications exception process for housing for which building plans are submitted to a governmental unit on or after July 1, 2023. A governmental unit may only grant exceptions to any particular accessible housing standard or specification when the governmental unit determines that the standard or specification is technically infeasible and would create an undue hardship. The determination must be in writing and must articulate the relevant undue hardship.

Similarly, the bill requires that the alteration of walls or defining boundaries in housing that was under construction prior to July 1, 2023, must comply with certain minimum alteration requirements, unless there is a determination of undue hardship by the relevant governmental unit. However, even if a governmental unit makes a determination of undue hardship, the alterations must still comply with the minimum alteration requirements to the maximum extent feasible.

The bill establishes that failure to comply with certain standards for accessible housing constitutes discrimination on the basis of a disability jointly and severally by the owner of the relevant property and any construction professionals who participate in the noncompliant construction or alteration of the relevant property. The bill creates a civil action for an individual with a disability subject to a failure or the attorney general.

The bill requires that certain new construction projects and alterations provide a certain number of type B dwelling units or type B multistory dwelling units, and in some cases at least one type A dwelling unit or type A multistory dwelling unit, based on the number of dwelling units in the construction project or alteration.

The bill prohibits a landlord from refusing a request by an individual with a disability to make modifications, at the individual's own expense, necessary to afford the individual the full enjoyment of the property.

The bill requires newly constructed housing to have:

• At least one building entrance on an accessible route, unless doing so would be an undue hardship;
• Fire alarms that are accessible to individuals with a disability, so long as the dwelling unit does not require individuals to purchase their own fire alarms; and
• Emergency exits that are accessible to individuals with a disability.

The bill also states that a failure to ensure the following qualifies as discrimination against an individual with a disability:

• That all mailboxes assigned to dwelling units are fully accessible to any individual with a disability who lives in those dwelling units; and
• That all signage in dwelling units, including directories and elevator buttons, is accessible to individuals with disabilities.

Lastly, the bill authorizes a court to extend:

• The answer date in an eviction proceeding if the defendant files a written request with the court for a reasonable accommodation pursuant to prohibited unfair housing practices; and
• The hearing date for a hearing required during a foreclosure proceeding if the borrower files a written request with the court for a reasonable accommodation pursuant to prohibited unfair housing practices.
  (Note: This summary applies to this bill as introduced.)

Fiscal Note

The act modifies the affordable housing programs (programs) created by Proposition 123, which was approved by voters at the 2022 statewide election, by:

• Allowing tribal governments to participate in the programs;
• Requiring the division of local government, rather than the division of housing, to administer the land planning capacity development program;
• Allowing the office of economic development (office) to use a portion of the money in the affordable housing financing fund (financing fund) for its administrative expenses, without increasing the total amount of money from the fund that may be used for administrative expenses;
• Modifying the calculation for determining eligibility for some of the programs;
• Clarifying the description of how money is transferred or allocated;
• Specifying certain units to be included for purposes of the 3% growth obligation that is a condition for funding for local and tribal governments;
• Establishing a process for rural resort communities to petition the division of housing to use alternative percentages of area median income for eligibility for certain affordable housing programs for a given funding cycle;
• Exempting money that was originally from the federal coronavirus state fiscal recovery fund from the appropriations for fiscal year 2022-23 used to determine the state's maintenance of effort requirement for other affordable housing funding; and
• Requiring the office and the division of housing to provide 3 annual reports to legislative committees about the affordable housing programs.

APPROVED by Governor June 5, 2023

EFFECTIVE June 5, 2023
(Note: This summary applies to this bill as enacted.)

Fiscal Note

The public-private collaboration unit (unit) in the department of personnel (department) promotes the use of public-private partnerships between state public entities such as departments, agencies, or subdivisions of the executive branch of state government, and private partners as a tool for time and cost-efficient completion of public projects. The act requires that the unit give preference to proposed or executed public-private partnership agreements that will use state-owned real property for mixed-income development and affordable housing that is proportional to a community's demonstrated affordable housing needs and authorizes the unit to undertake additional functions in connection with public projects that provide affordable housing including:

• Accepting gifts, grants, and donations, which if monetary, are to be credited to the unused state-owned real property fund (fund);
• Utilizing proceeds from real estate transactions and revenue from public-private agreements;
• Acting as an agent on behalf of the department in real estate transactions using real property that upon approval by the governor has been deeded to the department by a state public entity, including for the purchase, transfer, exchange, sale and disposition, and lease of real property; and
• Establishing a process for using requests for information to solicit public projects.

The act also allows the department and the unit to use money from the fund to facilitate these additional functions by the unit in connection with public projects that provide affordable housing and for the standard operating expenses of the unit. The state treasurer is required to transfer $5,000,000 from the general fund to the fund on July 1, 2023.

For the 2023-24 state fiscal year, the act appropriates $47,583 to the department of law from the legal services cash fund from revenue received from the department of personnel that is continuously appropriated to the department of personnel from the unused state-owned real property fund. The department of law may use the appropriation to provide legal services for the department of personnel.

APPROVED by Governor May 20, 2023

EFFECTIVE May 20, 2023
(Note: This summary applies to this bill as enacted.)

Fiscal Note

The middle-income housing authority (authority) has the power to make and enter into contracts or agreements with public or private entities to facilitate public-private partnerships. The act clarifies this power of the authority to enter into public-private partnerships by specifying that:

• The affordable rental housing component of a public-private partnership is exempt from state and local taxation, and the authority must provide initial and ongoing notice to the local assessor of the exemption;
• A public-private partnership may include an agreement concerning commercial property in connection with an affordable rental housing project;
• A public-private partnership may provide for the transfer of the interest in an affordable rental housing project to an entity other than the authority;
• The authority may issue bonds to finance the affordable rental housing component in a public-private partnership; and
• Bonds issued by the authority may be payable from the revenue and assets of the affordable rental housing component of a public-private partnership or solely from the revenue or assets of the authority as current law requires.

Additionally, the act expands the board of directors of the authority from 14 to 16 by adding 2 nonvoting members. The senate majority leader and the house majority leader will each appoint a member of the general assembly from their respective chambers to serve as the 2 new nonvoting members; except that, if the senate majority leader and the house majority leader are from the same political party, the house minority leader will appoint the member to the board of directors from the house.

For the 2023-24 state fiscal year, $3,774 is appropriated from the general fund to the legislative department for use by the general assembly to implement the act.

APPROVED by Governor June 2, 2023

EFFECTIVE June 2, 2023
(Note: This summary applies to this bill as enacted.)

Fiscal Note

The bill modifies the closing and settlement procedure for real estate transactions to ensure that the funds intended to be used at closing have been:

• Received and deposited into a trust account at least one business day before the scheduled closing; and
• Confirmed as deposited and available for immediate disbursement upon the settlement and closing of the real estate transaction.

The bill takes effect September 1, 2024.

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

Fiscal Note

The act states that, with certain exceptions, a broker engagement contract for the sale of a residential premises must not:

• Purport to be a covenant running with the land or to be binding on future owners of interests in the real property;
• Allow for assignment of the right to provide service without notice and agreement of the owner of the residential premises; or
• Purport to create a recordable lien, encumbrance, or other real property security interest. Any such lien, encumbrance, or other real property security interest is void and unenforceable.

The act defines a "broker engagement contract" as a written contract in which a seller, buyer, landlord, or tenant of a residential premises becomes the client of a broker or agrees to retain the services of a broker in the future and promises to pay the broker a valuable consideration or agrees that the broker may receive a valuable consideration from another person in exchange for the broker producing a seller, buyer, tenant, or landlord ready, able, and willing to sell, buy, or rent the residential premises or for performing other services.

A person that offers to a consumer a broker engagement contract that includes a prohibited provision commits an unfair or deceptive trade practice.

APPROVED by Governor April 3, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act requires the department of public health and environment (department) to create a public database of buildings that have been used as illegal drug laboratories involving methamphetamine. The department must remove a building from the database 5 years after the property has been decontaminated. The database must notify the public as to whether the property has been decontaminated.

A law enforcement agency and an industrial hygienist are required to notify the department upon discovering an illegal drug laboratory that manufactured methamphetamine on residential property.

Colorado law creates a warranty of habitability that authorizes a tenant to void a lease if the property is not habitable. The act adds to the warranty a failure to remediate residential property that has been used as an illegal drug laboratory to make methamphetamine.

To implement the act, $74,516 is appropriated to the department from the general fund.

APPROVED by Governor June 2, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act restricts a landlord, with certain exceptions, from considering or inquiring about certain information relating to a prospective tenant's amount of income and credit history. A landlord may not require a prospective tenant to have an annual income that exceeds 200% of the annual cost of rent. A landlord who violates one of the new prohibitions is subject to an initial penalty of $50, to be paid to the aggrieved party. A landlord who does not cure the violation is also subject to a penalty of $2,500, to be paid to the aggrieved party in addition to the initial penalty and any economic damages, court costs, and attorney fees. A violation is also an unfair housing practice subject to enforcement by private persons, the attorney general, and the Colorado civil rights division.

The act prohibits a landlord from requiring a tenant to submit a security deposit in an amount that exceeds the amount of 2 monthly rent payments.

The act allows a tenant who is subject to an eviction action to assert as an affirmative defense that the tenant's landlord has violated or is in violation of certain state laws concerning unfair housing practices.

APPROVED by Governor June 6, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act requires a contract to sell residential real estate to contain, and a landlord of residential real estate to provide to prospective tenants, in writing:

• A warning statement about the dangers of radon and the need for testing;
• Any knowledge the seller or landlord has of the residential real property's radon concentrations and history, including tests performed, reports written, and mitigation conducted; and
• The most recent brochure published by the department of public health and environment that provides advice about radon in real estate transactions.

If a landlord fails to provide the written disclosures or fails to mitigate an elevated radon level, the tenant may void the lease in accordance with the statutes governing the implied warranty of habitability; except that after January 1, 2026, the tenant may void the lease only if the lease is greater than one year in duration.

The real estate commission is required to promulgate rules requiring that these warnings and disclosures are made in real estate transactions that use a broker.

Colorado law requires a radon professional to be licensed. The act exempts a tenant from needing a license when the tenant is testing the property leased by the tenant.

APPROVED by Governor June 5, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

Fiscal Note

Housing needs planning. The executive director of the department of local affairs (director) shall, no later than December 31, 2024, and every 5 years thereafter, issue methodology for developing statewide, regional, and local housing needs assessments. The statewide housing needs assessment must determine existing statewide housing stock and current and future housing needs. The regional housing needs assessments must allocate the addressing of housing needs identified in the statewide housing needs assessment to regions of the state. Similarly, the local housing needs assessments must allocate the addressing of the housing needs allocated in the regional housing needs assessment to localities in the relevant region.

The director shall, no later than December 31, 2024, issue guidance on creating a housing needs plan for both a rural resort job center municipality and an urban municipality. Following this guidance, no later than December 31, 2026, and every 5 years thereafter, a rural resort job center municipality and an urban municipality shall develop a housing needs plan and submit that plan to the department of local affairs (department). A housing needs plan must include, among other things, descriptions of how the plan was created, how the municipality will address the housing needs it was assigned in the local housing needs assessment, affordability strategies the municipality has selected to address its local housing needs assessment, an assessment of displacement risk and any strategies selected to address identified risks, and how the locality will comply with other housing requirements in this bill.

The director shall, no later than December 31, 2024, develop and publish a menu of affordability strategies to address housing production, preservation, and affordability. Rural resort job center municipalities and urban municipalities shall identify at least 2 of these strategies that they intend to implement in their housing plan, and urban municipalities with a transit-oriented area must identify at least 3.

The director shall, no later than December 31, 2024, develop and publish a menu of displacement mitigation measures. This menu must, among other things, provide guidance for how to identify areas at the highest risk for displacement and identify displacement mitigation measures that a locality may adopt. An urban municipality must identify which of these measures it intends to implement in its housing plan to address any areas it identifies as at an elevated risk for displacement.

The director shall, no later than March 31, 2024, publish a report that identifies strategic growth objectives that will incentivize growth in transit-oriented areas and infill areas and guide growth at the edges of urban areas. The multi-agency advisory committee shall, no later than March 31, 2024, submit a report to the general assembly concerning the strategic growth objectives.

The bill establishes a multi-agency advisory committee and requires that committee to conduct a public comment and hearing process on and provide recommendations to the director on:

• Methodologies for developing statewide, regional, and local housing needs assessments;
• Guidance for creating housing needs plans;
• Developing a menu of affordability strategies;
• Developing a menu of displacement mitigation measures;
• Identifying strategic growth objectives; and
• Developing reporting guidance and templates.

A county or municipality within a rural resort region shall participate in a regional housing needs planning process. This process must encourage participating counties and municipalities to identify strategies that, either individually or through intergovernmental agreements, address the housing needs assigned to them. A report on this process must be submitted to the department. Further, within 6 months of completing this process, a rural resort job center municipality shall submit a local housing needs plan to the department. Once a year, both rural resort job centers and urban municipalities shall report to the department on certain housing data.

A multi-agency group created in the bill and the division of local government within the department shall provide assistance to localities in complying with the requirements of this bill. This assistance must include technical assistance and a grant program.

Accessory dwelling units. The director shall promulgate an accessory dwelling unit model code that, among other things, requires accessory dwelling units to be allowed as a use by right in any part of a municipality where the municipality allows single-unit detached dwellings as a use by right. The committee shall provide recommendations to the director for promulgating this model code. In developing these recommendations, the committee shall conduct a public comment and hearing process.

Even if a municipality does not adopt the accessory dwelling unit model code, the municipality shall adhere to accessory dwelling unit minimum standards established in the bill and by the department. These minimum standards, among other things, must require a municipality to:

• Allow accessory dwelling units as a use by right in any part of the municipality where the municipality allows single-unit detached dwellings as a use by right;
• Only adopt or enforce local laws concerning accessory dwelling units that use objective standards and procedures;
• Not adopt, enact, or enforce local laws concerning accessory dwelling units that are more restrictive than local laws concerning single-unit detached dwellings; and
• Not apply standards that make the permitting, siting, or construction of accessory dwelling units infeasible.

Middle housing. The director shall promulgate a middle housing model code that, among other things, requires middle housing to be allowed as a use by right in any part of a rural resort job center municipality or a tier one urban municipality where the municipality allows single-unit detached dwellings as a use by right. The committee shall provide recommendations to the director for promulgating this model code. In developing these recommendations, the committee shall conduct a public comment and hearing process.

Even if a rural resort job center municipality or a tier one urban municipality does not adopt the middle housing model code, the municipality shall adhere to middle housing minimum standards established in the bill and by the department. These minimum standards, among other things, must require a municipality to:

• Allow middle housing as a use by right in certain areas;
• Only adopt or enforce local laws concerning middle housing that use objective standards and procedures;
• Allow properties on which middle housing is allowed to be split by right using objective standards and procedures;
• Not adopt, enact, or enforce local laws concerning middle housing that are more restrictive than local laws concerning single-unit detached dwellings; and
• Not apply standards that make the permitting, siting, or construction of middle housing infeasible.

Transit-oriented areas. The director shall promulgate a transit-oriented area model code that, among other things, imposes minimum residential density limits for multifamily residential housing and mixed-income multifamily residential housing and allows these developments as a use by right in the transit-oriented areas of tier one urban municipalities. The committee shall provide recommendations to the director for promulgating this model code. In developing these recommendations, the committee shall conduct a public comment and hearing process.

Even if a tier one urban municipality does not adopt the transit-oriented model code, the municipality shall adhere to middle housing minimum standards established in the bill and by the department. These minimum standards, among other things, must require a municipality to:

• Create a zoning district within a transit-oriented area in which multifamily housing meets a minimum residential density limit and is allowed as a use by right; and
• Not apply standards that make the permitting, siting, or construction of multifamily housing in transit-oriented areas infeasible.

Key corridors. The director shall promulgate a key corridor model code that applies to key corridors in rural resort job center municipalities and tier one urban municipalities. The model code must, among other things, include requirements for:

• The percentage of units in mixed-income multifamily residential housing that must be reserved for low- and moderate-income households;
• Minimum residential density limits for multifamily residential housing; and
• Mixed-income multifamily residential housing that must be allowed as a use by right in key corridors.

The committee shall provide recommendations to the director for promulgating this model code. In developing these recommendations, the committee shall conduct a public comment and hearing process.

Even if a rural resort job center municipality or a tier one urban municipality does not adopt the key corridor model code, the municipality shall adhere to key corridor minimum standards promulgated by the director and developed by the department. These minimum standards, among other things, must identify a net residential zoning capacity for a municipality and must require a municipality to:

• Allow multifamily residential housing within key corridors that meets the net residential zoning capacity as a use by right;
• Not apply standards that make the permitting, siting, or construction of multifamily housing in certain areas infeasible; and
• Not adopt, enact, or enforce local laws that make satisfying the required minimum residential density limits infeasible.

The committee shall provide recommendations to the director on promulgating these minimum standards. In developing these recommendations, the committee shall conduct a public comment and hearing process.

Adoption of model codes and minimum standards. A relevant municipality shall adopt either the model code or local laws that satisfy the minimum standards concerning accessory dwelling units, middle housing, transit-oriented areas, and key corridors. Furthermore, a municipality shall submit a report to the department demonstrating that it has done so. If a municipality fails to adopt either the model code or local laws that satisfy the minimum standards by a specified deadline, the relevant model code immediately goes into effect, and municipalities shall then approve any proposed projects that meet the standards in the model code using objective procedures. However, a municipality may apply to the department for a deadline extension for a deficiency in water or wastewater infrastructure or supply.Additional provisions. The bill also:

• Requires the advisory committee on factory-built structures and tiny homes to produce a report on the opportunities and barriers in state law concerning the building of manufactured homes, mobile homes, and tiny homes;
• Removes the requirements that manufacturers of factory-built structures comply with escrow requirements of down payments and provide a letter of credit, certificate of deposit issued by a licensed financial institution, or surety bond issued by an authorized insurer;
• Prohibits a planned unit development resolution or ordinance for a planned unit with a residential use from restricting accessory dwelling units, middle housing, housing in transit-oriented areas, or housing in key corridors in a way not allowed by this bill;
• Prohibits a local government from enacting or enforcing residential occupancy limits that differ based on the relationships of the occupants of a dwelling;
• Modifies the content requirements for a county and municipal master plan, requires counties and municipalities to adopt or amend master plans as part of an inclusive process, and requires counties and municipalities to submit master plans to the department;
• Allows a municipality to sell and dispose of real property and public buildings for the purpose of providing property to be used as affordable housing, without requiring the sale to be submitted to the voters of the municipality;
• Requires the approval process for manufactured and modular homes to be based on objective standards and administrative review equivalent to the approval process for site-built homes;
• Prohibits a municipality from imposing more restrictive standards on manufactured and modular homes than the municipality imposes on site-built homes;
• Prohibits certain municipalities from imposing minimum square footage requirements for residential units in the approval of residential dwelling unit construction permits;
• Requires certain entities to submit to the Colorado water conservation board (board) a completed and validated water loss audit report pursuant to guidelines that the board shall adopt;
• Allows the board to make grants from the water efficiency grant program cash fund to provide water loss audit report validation assistance to covered entities;
• Allows the board and the Colorado water resources and power development authority to consider whether an entity has submitted a required audit report in deciding whether to release financial assistance to the entity for the construction of a water diversion, storage, conveyance, water treatment, or wastewater treatment facility;
• Prohibits a unit owners' association from restricting accessory dwelling units, middle housing, housing in transit-oriented areas, or housing in key corridors;
• Requires the department of transportation to ensure that the prioritization criteria for any grant program administered by the department are consistent with state strategic growth objectives, so long as doing so does not violate federal law;
• Requires any regional transportation plan that is created or updated to address and ensure consistency with state strategic growth objectives;
• Requires that expenditures for local and state multimodal projects from the multimodal transportation options fund are only to be made for multimodal projects that the department determines are consistent with state strategic growth objectives; and
• For state fiscal year 2023-24, appropriates $15,000,000 from the general fund to the housing plans assistance fund and makes the department responsible for the accounting related to the appropriation.
  (Note: This summary applies to this bill as introduced.)

Fiscal Note

The act requires the secretary of state to refer a ballot issue to voters at the November 2023 election. Most of the act only becomes effective if the voters approve the ballot issue.

Beginning with the 2023 property tax year, the act establishes a limit on specified property tax revenue for local governments, excluding those that are home rule and school districts, that is equal to inflation above the property tax revenue from the prior property tax year (limit). A local government may establish a temporary property tax credit up to the number of mills necessary to prevent the local government's property tax revenue from exceeding the limit. Alternatively, the governing board may approve a mill levy that would cause the local government to exceed the limit if the governing board approves the mill levy at a public meeting that meets certain criteria.

The act temporarily reduces the valuation for assessment (valuation) for certain subclasses of nonresidential and residential property for the property tax years 2023 through 2032 and creates the new subclass of renewable energy agricultural land, which is a subclass of nonresidential property. The act also establishes the residential real property subclasses of primary residence real property and qualified-senior primary residence real property and establishes administrative procedures related to the classification that are based on the procedures for the homestead exemption, with those procedures expanded to treat civil union partners like spouses.

Several property tax deadlines for the 2023 property tax year are delayed because of the possible valuation reductions that are contingent on the 2023 ballot. County assessors are required to provide information to taxpayers about the new valuations for assessment and the application process for primary residence real property and qualified-senior primary residence real property.

The act modifies an existing mechanism designed to reimburse local governmental entities for property tax revenue reductions by extending the backfill through 2032, incorporating the lost revenue due to the act, clarifying how the reimbursement is determined, excluding local governmental entities that have a certain amount of growth in assessed value, capping the total amount of state backfill, and eliminating the cap on the amount of excess state revenues that may be used for the reimbursements for the 2023 property tax year.

If the voters approve the referred ballot issue, which the act requires to be called "proposition HH", then the state will be authorized to retain and spend revenues up to the proposition HH cap, the amount of which is determined under the act. The ability of the general assembly to continue retaining and spending this money after the fiscal year 2031-32 is contingent on the general assembly enacting future valuation reductions. The amount retained under this authority is first used in the following fiscal year to backfill certain local governments for the reduced property tax revenue as a result of the property tax changes in the act and Senate Bill 22-238 "Concerning reductions in real property taxation for only the 2023 and 2024 property tax years" and then up to $20 million for the amount of property taxes that are paid as a portion of a tenant's rent. Any remaining amounts are transferred to the state education fund to offset the revenue that school districts lose as a result of the property tax changes.

APPROVED by Governor May 24, 2023

EFFECTIVE May 24, 2023

NOTE: The act takes effect only if a majority of voters approve the ballot issue referred in accordance with section 24-77-202, and in which case the act takes effect on the date of the official declaration of the vote thereon by the governor; except that, section 3; section 39-1-104.2 (3.7); section 39-3-210 (1)(a.3), (1)(e), and (2.5); section 18; section 23; and section 24 of the act take effect upon passage.
(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act specifies that when a property tax assessor values real property, the property tax assessor shall consider:

• The current use;
• Existing zoning and other governmental land use or environmental regulations and restrictions;
• Multi-year leases or other contractual arrangements affecting the use of or income from real property;
• Easements and reservations of record; and
• Covenants, conditions, and restrictions of record.

Beginning January 1, 2024, the act requires counties with a population greater than 300,000 to use an alternative procedure to determine objections and protests of property tax valuations in any year of general reassessment of real property that is valued biennially.

At the request of a taxpayer, the law requires a property tax assessor to provide the taxpayer with certain data that the assessor used to determine the value of the taxpayer's property. The act clarifies that the data the assessor is required to provide must include the primary method and rates the assessor used to value the property.

APPROVED by Governor May 24, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

Fiscal Note

The bill creates the property tax task force (task force). The task force consists of both members of the general assembly and individuals who are not members of the general assembly. The purpose of the task force is to develop a permanent and sustainable tax structure for the state of Colorado.

The task force is required to:

• Convene by July 15, 2023;
• Meet at least 4 times in its first year and at least 8 times every year; and
• Submit reports with its findings and recommendations to the general assembly by November 1.

After the task force makes its first report to the general assembly, the task force may determine that it has fulfilled its purposes and the task force may be disbanded.

The task force is repealed on November 1, 2026.

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

Fiscal Note