HB24-1007 Prohibit Residential Occupancy Limits 
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Short Title: Prohibit Residential Occupancy Limits
Sponsors: M. Rutinel (D) | J. Mabrey (D) / T. Exum (D) | J. Gonzales (D)
Summary:

The bill prohibits local governments from enacting or enforcing residential occupancy limits unless those limits are tied to a minimum square footage per person requirement that is necessary to regulate safety, health, and welfare based on familial relationship while allowing local governments to implement residential occupancy limits based on demonstrated health and safety standards such as international building code standards, fire code regulations, or Colorado department of public health and environment wastewater and water quality standards.

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


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

Status: 4/15/2024 Governor Signed
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


HB24-1026 Local Government Tax Payers' Bill of Rights Prior Voter Approval Requirement 
Position: Oppose
Calendar Notification: NOT ON CALENDAR
Short Title: Local Government Tax Payers' Bill of Rights Prior Voter Approval Requirement
Sponsors: R. Bockenfeld (R)
Summary:

Since section 20 of article X of the state constitution (TABOR) was approved by the registered electors of this state in 1992, local governments have successfully sought voter approval of revenue changes allowing the local governments to permanently retain revenue in excess of their TABOR fiscal year spending and property tax revenue limits. Current law does not limit the effective period of such voter-approved revenue changes, commonly referred to as waiver elections. The bill requires that, no later than the local elections to be held in November 2029, a local government that retains revenue in excess of either its fiscal year spending limit or property tax revenue limit pursuant to a waiver election held prior to November 9, 2020, must resubmit the ballot issue from the historic waiver election to the registered electors of the local government for re-approval.
(Note: This summary applies to this bill as introduced.)

Status: 2/5/2024 House Committee on State, Civic, Military, & Veterans Affairs Postpone Indefinitely
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


HB24-1028 Overdose Prevention Centers 
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Short Title: Overdose Prevention Centers
Sponsors: E. Epps (D) / K. Priola (D)
Summary:

The bill specifies that the governing body of a municipality, which includes a city, town, and city and county, may authorize the operation of an overdose prevention center within the municipality's boundaries for the purpose of saving the lives of persons at risk of preventable overdoses.


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

Status: 4/18/2024 Senate Committee on Health & Human Services Postpone Indefinitely
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


HB24-1041 Streamline Filing Sales & Use Tax Returns 
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Short Title: Streamline Filing Sales & Use Tax Returns
Sponsors: C. Kipp (D) | R. Taggart (R) / J. Bridges (D) | K. Van Winkle (R)
Summary:

Sales and Use Tax Simplification Task Force. Under current law, the executive director of the department of revenue (executive director) is authorized to permit taxpayers whose monthly tax collected is less than $300 to make returns and pay taxes at quarterly intervals. The bill increases that threshold to $600 for returns that must be filed on and or after January 1, 2025, and allows the executive director by rule to increase the threshold amount for returns that must be filed on or after January 1, 2026.

The bill also imposes thresholds that prohibits home rule cities, towns, and city and counties that collect their own sales and use taxes and do not use the electronic sales and use tax simplification system administered by the department of revenue (SUTS) must adhere to in allowing taxpayers to make returns and pay sales and use taxes. On and after January 1, 2025, a taxpayer must be permitted to make returns and pay sales and use taxes as follows:

  • Once a year if the taxpayer annually collects less than $2,000;
  • Quarterly if the taxpayer annually collects between $2,000 and $25,000; and
  • Monthly if the taxpayer annually collects more than $25,000.

Additionally, the bill requires all local taxing jurisdictions to begin using SUTS by July 1, 2025. Local taxing jurisdictions that do not begin using SUTS by July 1, 2025, will be precluded from participating in the streamlined process for collecting sales and use tax from retailers that have a state standard retail license and either do not have a physical presence within the local taxing jurisdiction or have only incidental presence. from collecting sales and use tax from a retailer that does not have physical presence in the state unless the retailer elects to collect and remit sales and use tax or enters into a voluntary collection agreement with a home rule city, town, or city and county. $17,200 is appropriated to the department of revenue for the implementation of the bill.

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


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

Status: 4/4/2024 Governor Signed
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


HB24-1043 State Contribution to Fire & Police Pension Association Death & Disability Fund 
Position: Support
Calendar Notification: NOT ON CALENDAR
Short Title: State Contribution to Fire & Police Pension Association Death & Disability Fund
Sponsors: R. Taggart (R) | E. Hamrick (D) / C. Hansen (D) | K. Van Winkle (R)
Summary:

Pension Review Commission. For members of the fire and police pension association hired before January 1, 1997, death and disability benefits are paid from state money in the statewide death and disability trust fund (trust fund). State funding for this benefit discontinued in 1997 based on an assumption that the last payment had fully funded all the benefits to be paid. An actuarial analysis from 2021 determined that the payment in 1997 was not sufficient to cover the benefit obligations associated with members hired prior to January 1, 1997. The 2021 actuarial analysis indicated a shortfall of $33.191 million. The state made 2 payments of $6.65 million on July 1, 2022, and July 1, 2023, to cover a portion of this shortfall. Based on the 2023 actuarial calculation, the remaining shortfall is now $27.39 million.

The bill requires the state treasurer to pay a total of $27.39 million, in 3 equal payments of $9.13 million, to be made on July 1, 2024, July 1, 2025, and July 1, 2026, to the fire and police pension association for it to deposit into the trust fund so that there will be sufficient money to pay future death and disability benefits to these members.


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

Status: 2/8/2024 House Committee on Finance Refer Unamended to Appropriations
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


HB24-1050 Simplify Processes Regarding Certain Local Government Taxes 
Position: Monitor
Calendar Notification: Tuesday, April 23 2024
State Library Appropriations
7:30 a.m. Room Old
(17) in house calendar.
Short Title: Simplify Processes Regarding Certain Local Government Taxes
Sponsors: R. Taggart (R) | C. Kipp (D) / J. Bridges (D) | K. Van Winkle (R)
Summary:

Sales and Use Tax Simplification Task Force. Section 1 of the bill requires local taxing jurisdictions that impose a local lodging tax or a sales or use tax on building or construction materials that integrate such taxes into building permits (applicable sales or use tax) to file with the executive director of the department of revenue (executive director) a copy of the resolution or ordinance, and any amendments thereto, imposing such taxes and, if not included in the resolution, ordinance, or amendments, certain additional information related to each type of tax. For local lodging taxes, the bill requires local taxing jurisdictions to report the rate and calculation of the tax. For the applicable sales or use tax, the bill requires local taxation jurisdictions to report the rate and calculation, what information is included on building permits, the timing for remittance of the tax, and whether the tax is imposed on asphalt equipment, storage of equipment, or services.

By not later than July 1, 2025, and by not later than January 1 and July 1 of each year thereafter, the executive director must publish the information in the local taxing jurisdiction's reports relating to the local lodging tax and applicable sales or use tax.

Sections 2, 3, and 4 modify the scope of the sales and use tax simplification task force (task force) to include simplification of local lodging tax systems and require that in the 2024 interim, the task force receive testimony and proposals related to the feasibility and implementation of an electronic system for the collection and remittance of local lodging taxes in the same manner or in a manner similar to the electronic sales and use tax simplification system. The task force may propose legislation for the 2025 legislative session to implement or create such an electronic portal. The department of revenue is required to issue a request for information for an electronic system for the collection and remittance of local lodging taxes and present the information received to the task force by not later than September 1, 2024.
(Note: This summary applies to this bill as introduced.)

Status: 2/1/2024 House Committee on Finance Refer Amended to Appropriations
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


HB24-1079 Persons Detained in Jail on Emergency Commitment 
Position: Monitor
Calendar Notification: Tuesday, April 23 2024
GENERAL ORDERS - SECOND READING OF BILLS - CONT'D
(4) in senate calendar.
Short Title: Persons Detained in Jail on Emergency Commitment
Sponsors: J. Amabile (D) | R. English (D) / R. Fields (D)
Summary:

Legislative Oversight Committee Concerning the Treatment of Persons with Behavioral Health Disorders in the Criminal and Juvenile Justice Systems. Beginning July 1, 2025, the bill prohibits a law enforcement officer or emergency service patrol officer who takes a person juvenile into protective custody from detaining the person juvenile in jail.

Beginning July 1, 2024, the bill requires each local law enforcement agency that has taken a person into protective custody to provide an annual report to the behavioral health administration that includes disaggregated and nonidentifying information concerning persons who were taken into protective custody in an approved treatment facility or detained in an emergency medical facility or jail.

Beginning July 1, 2024, the bill requires each approved treatment facility or emergency medical services facility that detains a person under protective custody or detains or holds a person on an emergency commitment to provide a quarterly report to the behavioral health administration that includes information about the persons detained or held at the facility.

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


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

Status: 4/19/2024 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


HB24-1107 Judicial Review of Local Land Use Decision 
Position: Monitor/Support
Calendar Notification: Monday, April 22 2024
GENERAL ORDERS - SECOND READING OF BILLS - CONT'D
(2) in senate calendar.
Short Title: Judicial Review of Local Land Use Decision
Sponsors: W. Lindstedt (D) | S. Bird (D) / J. Bridges (D) | F. Winter (D)
Summary:

The bill requires a court to award reasonable attorney fees to a prevailing defendant governmental entity in an action for judicial review of a local land use decision involving residential use with a net project density of 5 dwelling units per acre or more , except for an action brought by the land use applicant before the governmental entity. Filing an action for judicial review of a local land use decision does not affect the validity of the local land use decision. The bill authorizes a governmental entity and the public to rely on the local land use decision in good faith for all purposes until the action for judicial review is resolved.

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


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

Status: 4/17/2024 Senate Committee on Judiciary Refer Unamended to Senate Committee of the Whole
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


HB24-1152 Accessory Dwelling Units 
Position: Monitor
Calendar Notification: Tuesday, April 23 2024
SENATE LOCAL GOVERNMENT & HOUSING COMMITTEE
2:00 PM SCR 352
(4) in senate calendar.
Short Title: Accessory Dwelling Units
Sponsors: J. Amabile (D) | R. Weinberg (R) / K. Mullica (D) | T. Exum (D)
Summary:

Section 1 of the bill creates a series of requirements related to accessory dwelling units. The bill establishes unique requirements for subject jurisdictions and for qualifying as an accessory dwelling unit supportive jurisdiction (supportive jurisdiction).

As established in the bill, a subject jurisdiction is either:

  • A municipality that has a population of 1,000 or more and that is within the area of a metropolitan planning organization; or
  • The portion of a county that is both within a census designated place with a population of ten thousand or more, as reported in the most recent decennial census, and within the area of a metropolitan planning organization.

The bill requires a subject jurisdiction to allow, subject to an administrative approval process, one accessory dwelling unit as an accessory use to a single-unit detached dwelling in any part of the subject jurisdiction where the subject jurisdiction allows single-unit detached dwellings. The bill also prohibits subject jurisdictions from enacting or enforcing certain local laws that would restrict the construction or conversion of an accessory dwelling unit.

In order to qualify as a supportive jurisdiction, a jurisdiction must submit a report to the division of local government in the department of local affairs (the division department ) demonstrating that the jurisdiction:

  • Has complied with the accessory dwelling unit requirements the bill imposes on subject jurisdictions; and
  • Has implemented one or more strategies to encourage and facilitate the construction or conversion of accessory dwelling units.

Section 1 also creates the accessory dwelling unit fee reduction and encouragement grant program within the division department . The purpose of this grant program is for the division department to provide grants to supportive jurisdictions for offsetting costs incurred in connection with developing pre-approved accessory dwelling unit plans, providing technical assistance to persons converting or constructing accessory dwelling units, or waiving or reducing accessory dwelling unit associated fees and other required costs. In addition to providing grants, the department is required to develop a toolkit to support local governments in encouraging accessory dwelling unit construction. Section 2 requires the department to create, for local governments to consider and adopt, model public safety code requirements related to geographic or climatic conditions for factory-built structures, including those structures that would be considered accessory dwelling units. Section 2 3 grants the Colorado economic development commission the power to expend $8 million to contract with the Colorado housing and finance authority to operate and establish the following programs to benefit the residents of supportive jurisdictions:

  • An accessory dwelling unit loss reserve program that offers affordable loans credit enhancement program that supports lenders offering affordable loans to eligible low- and moderate-income borrowers for the construction or conversion of accessory dwelling units;
  • A program that allows for the buying down of interest rates on loans made to eligible low- and moderate-income borrowers in connection with the construction or conversion of accessory dwelling units;
  • A program that offers down payment assistance in connection with accessory dwelling units , principal reduction on loans to eligible low- and moderate-income borrowers made in connection with accessory dwelling units, or both ; and
  • A program through which the Colorado housing and finance authority offers direct loans in connection with loans, revolving lines of credit, or grants to eligible non-profits, public housing authorities, and community development financial institutions to make direct loans or grants to support the construction or conversion of accessory dwelling units for low- and moderate-income borrowers or tenants .

Section 3 4 prohibits a planned unit development resolution or ordinance for a planned unit development from restricting the permitting of an accessory dwelling unit more than the local law that applies to accessory dwelling units outside of the planned unit development. Section 4 5 states that any prohibition on accessory dwelling units or the implementation of restrictive design or dimension standards by a unit owners' association in a supportive jurisdiction is void as a matter of public policy.

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


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

Status: 4/18/2024 Introduced In Senate - Assigned to Local Government & Housing
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


HB24-1161 Motor Vehicle Access Individuals with Disabilities 
Position: Monitor/Support
Calendar Notification: NOT ON CALENDAR
Short Title: Motor Vehicle Access Individuals with Disabilities
Sponsors: D. Ortiz (D) / N. Hinrichsen (D)
Summary:

Section 1 of the bill requires a car sharing program operating in the state to ensure, on and after January 1, 2028, that for each shared car available through the program, the program shall indicate the car's accessibility modifications. A car sharing program that makes a reasonable effort to obtain accurate information from the shared car owner regarding any modification for accessibility is not liable for incorrect or false information provided by the shared car owner. Section 2 requires the energy code board to include in its model low energy and carbon code accessibility requirements related to electric vehicles that consider design recommendations from the United States Access Board (access board) and any applicable federal regulations. Sections 3 and 4 require that for an electric vehicle charging station constructed or replaced on and after January 1, 2026, a local government may approve the new construction or remodel of an electric vehicle charging station only if the station is built with a minimum of 120 inches of width with 36 inch access aisles and at a height accessible for an individual using a wheelchair (accessible charging station). By January 1, 2028, all electric vehicle charging station locations with more than one charging station must provide the same proportion of accessible charging stations as the federal "Americans with Disabilities Act" requires of parking spaces no fewer than 5% or one vehicle charging space should incorporate the standards from the access board until applicable regulations are issued by the federal department of justice or the federal department of transportation. Section 5 clarifies that an individual shall not block reasonable access to reserved parking, curb ramps, access aisles, or accessible routes by any means. A peace officer or parking enforcement officer is required to investigate a complaint that accessible parking has been blocked within a reasonable time.

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


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

Status: 4/19/2024 House Considered Senate Amendments - Result was to Concur - Repass
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


HB24-1168 Equal Access to Public Meetings 
Position: Amend
Calendar Notification: NOT ON CALENDAR
Short Title: Equal Access to Public Meetings
Sponsors: M. Froelich (D) | M. Rutinel (D) / N. Hinrichsen (D)
Summary:

The bill requires state and local public bodies (public bodies) to ensure that the following accessibility requirements are implemented by July 1, 2025:

  • Any public meeting at which public business is discussed, formal action may be taken, or recommendations to the governing body of the public body may be discussed (meeting) held by a public body is required to be accessible in real time by live streaming video or audio that is recorded and accessible to individuals with disabilities;
  • A public body is required to post on its website, at least 24 hours before a meeting, any documents that will be distributed during the meeting;
  • For any meeting of a public body during which public testimony will be heard, the public body is required to allow any individual to participate in the meeting and offer public testimony by using a video conferencing platform unless the meeting occurs in a geographic location that lacks broadband internet service; and
  • A public body is required to provide any auxiliary aids or services requested in time for the meeting for which they were requested. A public body may require that a request for auxiliary aids or services to attend a meeting of the public body with the use of the video conferencing platform be made up to 7 days before the date of the meeting.

Nothing in the bill prohibits a public body from promulgating rules for the administration of public testimony so long as the rules apply to both in-person and remote testimony, and nothing in the bill requires a public body to provide hardware or software or internet or phone access at an individual's home.

The failure of any public body to comply with the applicable requirements of the bill constitutes discrimination on the basis of disability. Any individual who is subjected to a violation is entitled to seek relief as currently provided in law.


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

Status: 3/20/2024 House Committee on Transportation, Housing & Local Government Refer Amended to Appropriations
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


HB24-1172 County Revitalization Authorities 
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Short Title: County Revitalization Authorities
Sponsors: R. Taggart (R) | S. Bird (D) / B. Kirkmeyer (R) | K. Mullica (D)
Summary:

The bill creates a process for the establishment of a county revitalization authority (authority). An authority is a corporate body that uses tax increment and private financing to conduct a county revitalization project (project) in a revitalization area in accordance with a county revitalization plan.

A county revitalization plan (plan) is a plan for the project. A plan must be: Reviewed by the county planning commission, accompanied by a county revitalization impact report, the subject of a public hearing, and approved by the board of county commissioners (the governing body). Any modifications to the plan must also be approved by the governing body. A plan may provide for tax increment financing.

An authority may not undertake a project unless, based on evidence presented at a public hearing, the governing body by resolution has both determined that the area where the authority will undertake the project is a revitalization area and designated the area as appropriate for the project. A revitalization area is an area that, upon the implementation of a plan, could substantially promote the sound growth of the county, improve economic and social conditions, and further the health, safety, and well-being of the public.

The creation of an authority may be initiated by the registered electors of a county filing a petition with the governing body or by the governing body adopting a resolution. In either case, there is a public hearing and, after that hearing, the governing body determines whether to create the authority. If a governing body decides to create an authority, the governing body appoints the authority commissioners, except for commissioners who are appointed by and as representatives of special districts and school districts that have joined the authority.

Any taxing entity, other than the county itself or a school district , that levies taxes in an area that would fall under the plan proposed by an authority may file a petition with the authority requesting to join the authority. The authority shall hold a hearing to determine whether to allow the taxing entity to join the authority.

An authority may:

  • Undertake projects;
  • Agree with the county or other relevant public body to plan, replan, zone, or rezone any part of the county or other public body in connection with a project;
  • Make bylaws, orders, rules, and regulations;
  • Make and execute contracts;
  • Acquire property by purchase, lease, option, gift, grant, devise, condemnation, or eminent domain;
  • Dedicate property acquired by the authority for public works, improvements, facilities, utilities, and other purposes;
  • Mortgage, pledge, hypothecate, or otherwise encumber or dispose of its property;
  • Set aside, dedicate, and devote project real property to public uses in accordance with the plan or set aside, dedicate, and transfer real property to an appropriate public body for public uses in accordance with the plan;
  • Sell, lease, or otherwise transfer real property or any interest therein acquired by the authority as part of a project;
  • Insure any of its properties or operations;
  • Invest any of its money in the same manner as a public body;
  • Issue bonds;
  • Borrow money and apply for and accept loans, grants, and contributions;
  • Make appropriations and expenditures of its funds;
  • Establish and maintain general, separate, or special funds and bank accounts; and
  • Make reasonable relocation payments to individuals, families, and business concerns situated in the county revitalization area that will be displaced by the authority.

An authority does not have any power to levy or assess ad valorem taxes, personal property taxes, or any other forms of taxes, including special assessments against any property.

The bill also makes conforming amendments.

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


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

Status: 4/17/2024 Senate Third Reading Passed - No Amendments
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


HB24-1173 Electric Vehicle Charging System Permits 
Position: Monitor/Oppose
Calendar Notification: Monday, April 22 2024
GENERAL ORDERS - SECOND READING OF BILLS
(14) in house calendar.
Short Title: Electric Vehicle Charging System Permits
Sponsors: A. Valdez (D)
Summary:

The bill establishes an expedited permitting process for the approval of electric motor vehicle (EV) charging systems for counties and municipalities.

A board of county commissioners or the governing body of a municipality must adopt an application procedure for an applicant to apply for an EV charger permit to install an EV motor vehicle charging system. Once the application is complete, the county permitting agency or municipal permitting agency will review and approve, conditionally approve, or deny an EV charger permit:

  • Within 30 days after the application is considered complete, for an application that proposes to build fewer than 13 charging stations on a parcel where the EV charging system is considered an accessory land use to the existing or primary land use on that parcel; or
  • Within 60 days after the application is considered complete, for an application that proposes to build 13 or more charging stations or for applications where the EV charging system complies with the primary land use on that parcel.

If the county permitting agency or municipal permitting agency does not approve, conditionally approve, or deny a completed application for an EV charger permit within those time periods, the application is approved and the EV charger permit is granted to the applicant.

The county or municipality may deny an application if the application does not comply with the objective standards for EV charging systems set forth by the county or municipality or for health or safety reasons.

The bill also instructs the Colorado energy office to develop a model code regarding the approval of EV charger permits and provide counties and municipalities technical assistance in developing and administering the expedited EV charger permitting process.


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

Status: 4/19/2024 House Second Reading Laid Over Daily - No Amendments
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


HB24-1175 Local Goverments Rights to Property for Affordable Housing 
Position: Monitor/Support
Calendar Notification: Thursday, April 25 2024
SENATE LOCAL GOVERNMENT & HOUSING COMMITTEE
Upon Adjournment SCR 352
(2) in senate calendar.
Short Title: Local Goverments Rights to Property for Affordable Housing
Sponsors: A. Boesenecker (D) | E. Sirota (D) / F. Winter (D) | S. Jaquez Lewis (D)
Summary:

The bill creates 2 property rights a right of first refusal and a right of first offer for local governments to certain types of multifamily rental properties. A right of first refusal and a right of first offer The right of first offer is temporary and terminates on December 31, 2029. For multifamily rental properties that are existing affordable housing consisting of not less than five units , a local government has a right of first refusal to match an acceptable offer for the purchase of such property, subject to the local government's commitment to using the property as long-term affordable housing. Existing affordable housing is housing that is currently receiving federal or local financial assistance subject to one or more restricted use covenants or similar recorded agreements to ensure affordability consistent with affordable housing financial assistance requirements .

The bill requires the seller of such property to give notice to the local government and to the Colorado housing and finance authority at least 2 years before the first final expiration of an the last remaining existing affordability restriction on the property of the date of such expiration , a second notice not less than 6 months before the final expiration of the last remaining existing affordability restriction, and additional notice again when the seller takes certain actions as a precursor to selling the property. Upon receiving the notice indicating intent to sell the property or of a potential sale of the property, the local government has 14 calendar days to preserve its right of first refusal and an additional 60 30 calendar days to make an offer and must agree to close on the property within 120 60 calendar days of the acceptance of the local government's offer; except that, if the seller has received an entirely cash offer from a third-party buyer, then the local government must agree to close within the same time period as is set forth in the third-party buyer's offer . If the price, terms, and conditions of an acceptable offer that has been communicated to the local government materially change, the seller must provide notice of the change within 7 days and the local government may exercise or re-exercise its right of first refusal. If the residential seller rejects an offer by the local government, the seller must provide a written explanation of the reasons and invite the local government to make a one subsequent offer within 14 days.

For all other multifamily rental properties that are 20 30 years or older and have not more than 100 units and not less than 5 15 units in urban counties and 3 units in rural and rural resort counties , a local government has a right of first offer. A seller of such property must provide notice of intent to sell the property to the local government before the seller lists the property for sale enters into an agreement with a licensed broker to solicit and procure purchasers or otherwise lists the property for sale on the multiple listing service . After receipt of the notice, the local government has 14 7 days to respond by either making an offer to purchase the property and stating an intent to perform due diligence and enter into a contract to purchase the property within 45 days of the date that the residential seller's notice was received or waiving its right to purchase the property indicating the local government is interested in receiving due diligence information on the property to evaluate whether it wants to make an offer, which response must include a nondisclosure agreement in a form acceptable to the seller, or waiving any right to purchase the property . If the local government does not respond within this time period, it is deemed to have waived its right of first offer with respect to the property.

The local government's offer is subject to the property being used or converted for the purpose of providing long-term affordable housing or mixed-income development. If the local government does not provide a response in the 14-day period, the right of first offer is waived and the residential seller can proceed with listing and selling the property to any third-party buyer. The residential seller has 14 days to accept or reject the local government's offer and, if the offer is accepted, the local government has 30 days to close the transaction. If the local government has requested due diligence information, the seller has 5 days to provide the information to the local government and the local government then has 14 days to make an offer or waive its right of first offer . If a response is not provided in this period, the right of first offer is deemed waived. The seller has 14 days to accept or reject the local government's offer, and, if the seller does not provide notice, the offer is deemed rejected. If the seller accepts the offer, the parties have 30 days to negotiate and execute a contract for the purchase of the property and then 60 days to close on the transaction, unless both parties agree to other terms.

In exercising its right of first refusal or first offer, the local government may partner with certain other entities for the financing of the transaction and may also assign either right with respect to all applicable properties in the local government's jurisdiction or with respect to a single property to certain other entities that are then subject to all the rights and requirements of the local government in exercising either right.

The bill allows certain sales of property to be exempt from either the right of first refusal, the right of first offer, or both. The bill also allows the local government to waive its right of first refusal to purchase property qualifying for the right if the local government elects to disclaim its rights to any proposed transaction or for any duration of time. Upon completion of the requirements of the seller for the right of first refusal and for the right of first offer, the local government, or its assignee if it has assigned either right, is required to execute and record a certificate of compliance stating that the seller has complied with all applicable provisions for the right of first refusal or right of first offer.

The bill also requires the attorney general's office to enforce its provisions and grants the attorney general's office, the local government, or a mission-driven organization local government's assignee standing to bring a civil action for violations of the right of first refusal or first offer established by the bill. If a court finds that a seller has materially violated the law with respect to the right of first refusal or first offer, respectively, the court must award a statutory penalty of not less than $10,000 for a first offense and not less than $30,000 for any subsequent offenses but the court cannot award a statutory penalty that is more than $100,000 .

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


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

Status: 4/12/2024 Introduced In Senate - Assigned to Local Government & Housing
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


HB24-1178 Local Government Authority to Regulate Pesticides 
Position: Monitor
Calendar Notification: Monday, April 22 2024
GENERAL ORDERS - SECOND READING OF BILLS
(3) in house calendar.
Short Title: Local Government Authority to Regulate Pesticides
Sponsors: C. Kipp (D) | M. Froelich (D) / L. Cutter (D) | S. Jaquez Lewis (D)
Summary:

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


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

Status: 4/12/2024 House Second Reading Laid Over to 04/14/2024 - No Amendments
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


HB24-1230 Protections for Real Property Owners 
Position: Monitor/Oppose
Calendar Notification: Monday, April 22 2024
GENERAL ORDERS - SECOND READING OF BILLS
(7) in senate calendar.
Short Title: Protections for Real Property Owners
Sponsors: J. Parenti (D) | J. Bacon (D) / F. Winter (D) | L. Cutter (D)
Summary:

Current law declares void any express waivers of or limitations on the legal rights or remedies provided by the "Construction Defect Action Reform Act" or the "Colorado Consumer Protection Act". Sections 1 and 4 make it a violation of the "Colorado Consumer Protection Act" to obtain or attempt to obtain a waiver or limitation that violates the aforementioned current law. Section 4 also requires a court to award to a claimant that prevails in a claim arising from alleged defects in a residential property construction, in addition to actual damages, prejudgment interest on the claim at a rate of 6% from the date the work is finished to the date it is sold to an occupant and 8% thereafter.

Current law requires that a lawsuit against an architect, a contractor, a builder or builder vendor, an engineer, or an inspector performing or furnishing the design, planning, supervision, inspection, construction, or observation of construction of an improvement to real property must be brought within 6 years after the claim arises. Section 2 increases the amount of time in which a lawsuit may be brought from 6 to 10 years. Current law also provides that a claim of relief arises when a defect's physical manifestation was discovered or should have been discovered. Section 2 also changes the time when a claim of relief arises to include both the discovery of the physical manifestation and the cause of the defect. Section 3 voids a provision in a real estate contract that prohibits group lawsuits against a construction professional. Section 5 of the bill prohibits governing documents of a common interest community from setting different or additional requirements than those in current law for a construction defect action.
(Note: This summary applies to this bill as introduced.)

Status: 4/19/2024 Senate Second Reading Laid Over to 04/22/2024 - No Amendments
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


HB24-1239 Single-Exit Stairway Multifamily Structure 
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Short Title: Single-Exit Stairway Multifamily Structure
Sponsors: A. Valdez (D) | A. Boesenecker (D) / K. Priola (D)
Summary:

On or before December 1, 2026, the bill requires a board of county commissioners or the governing body of a municipality to adopt a building code, or amend an existing building code, to allow up to 5 stories of a multifamily residential building to be served by a single exit. To satisfy this requirement, a local government shall incorporate by reference and adopt or adapt and adopt language from a portion of an existing building code that allows a single exit to serve no more than 5 stories of a group r-2 occupancy in the same building. If a local government so requests, the department of local affairs shall provide technical assistance to the local government in satisfying this requirement.

The bill also clarifies that the adoption or amendment of a building code to satisfy the requirements of the bill does not qualify as adopting or enforcing a building code for the purpose of determining whether a board of county commissioners or the governing body of a municipality is required to adopt an energy code.


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

Status: 4/10/2024 House Committee on Transportation, Housing & Local Government Postpone Indefinitely
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


HB24-1241 Alignment of Petty Property Crime Threshold 
Position: Monitor/Oppose
Calendar Notification: NOT ON CALENDAR
Short Title: Alignment of Petty Property Crime Threshold
Sponsors: E. Epps (D) | J. Mabrey (D) / R. Rodriguez (D)
Summary:

Under current law, if a defendant is charged with a traffic offense, a petty offense, or a comparable municipal offense, a court shall not impose a monetary condition of release. Specifically, the provision applies to a comparable municipal offense that is a property crime and reflects a value of less than $50. The bill removes the monetary threshold and instead states that the court cannot impose a monetary condition of release for a comparable municipal offense that would be a petty offense property crime under state law.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/11/2024 Governor Signed
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


HB24-1260 Prohibition Against Employee Discipline 
Position: Monitor
Calendar Notification: Monday, April 22 2024
GENERAL ORDERS - SECOND READING OF BILLS
(18) in house calendar.
Short Title: Prohibition Against Employee Discipline
Sponsors: M. Duran (D) | T. Hernandez (D) / J. Danielson (D)
Summary:

The bill prohibits an employer from requiring an employee to attend meetings, listen to speech, or view communications concerning religious or political matters.

The bill also prohibits an employer from threatening an employee, subjecting an employee to discipline, or discharging an employee on account of the employee's refusal to attend or participate in an employer-sponsored meeting where the employer communicates religious or political matters or opinions.

Certain employer communications are exempt from the prohibition, including communications required by law or that are necessary for an employee to perform the employee's job duties.

The bill creates a private right of action in district court for aggrieved persons who prevail in court seeking payment of front pay, lost wages and compensation, costs, and attorney fees.

Each employer is required to post a notice of the employee rights outlined in the bill at the employer's workplace.


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

Status: 4/19/2024 House Committee on Appropriations Refer Amended to House Committee of the Whole
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


HB24-1267 Metropolitan District Covenant Enforcement Policy 
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Metropolitan District Covenant Enforcement Policy
Sponsors: I. Jodeh (D) | J. Bacon (D) / J. Coleman (D) | C. Hansen (D)
Summary:

A metropolitan district is a type of special district that provides at least 2 types of services and may perform covenant enforcement similar to the role of a homeowners' association. The bill requires a metropolitan district engaging in covenant enforcement and design review services to comply with certain procedural requirements, including:

  • Adopting a written policy governing the imposition and collection of fines;
  • Adopting a written policy governing how disputes between the metropolitan district and a resident are addressed; and
  • Refraining from prohibiting residents from engaging in certain activities regarding the use of their property, including displaying flags and signs; parking a motor vehicle in a driveway; removing certain vegetation to create a defensible space for fire mitigation purposes; performing reasonable property modifications to accommodate disabilities; using xeriscape, nonvegetative turf grass, or drought-tolerant landscaping ; using a rain barrel; operating a family child care home; using renewable energy generation devices; and installing or using an energy efficiency measure. Additionally, a metropolitan district is prohibited from requiring residents to use cedar shakes or other flammable roofing materials.

The bill prohibits a metropolitan district from foreclosing on any lien based on a resident's delinquent fees or other charges owed to the metropolitan district. The bill also imposes certain procedural requirements regarding court actions filed by or against a metropolitan district based on an alleged violation of the metropolitan district's declaration, rules and regulations, or other instrument.

A metropolitan district that engages in design review services, but does not engage in covenant enforcement or form a homeowners' association, cannot pursue other remedies against residents to enforce its design review requirements and need not adopt the written policies required under the bill.

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


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

Status: 4/12/2024 Sent to the Governor
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


HB24-1283 Secretary of State Review of Municipal Campaign Finance Complaints 
Position: Support
Calendar Notification: Monday, April 22 2024
GENERAL ORDERS - SECOND READING OF BILLS
(19) in house calendar.
Short Title: Secretary of State Review of Municipal Campaign Finance Complaints
Sponsors: J. Willford (D) | J. Marvin (D) / K. Mullica (D)
Summary:

If a person wants to file a complaint for a campaign finance violation (complaint) and the complaint arises out of a municipal campaign finance matter, current law requires the complaint to be filed with the clerk of the applicable municipality (clerk) rather than with the secretary of state (secretary). The bill allows a clerk to refer a complaint that arises out of a municipal campaign finance matter to the secretary if the municipality in which the complaint was filed:

  • Does not have a campaign finance complaint ordinance and hearing process in place; or
  • Does have a campaign finance complaint ordinance and hearing process in place but the clerk determines that the clerk's review of the complaint would create a conflict of interest for the clerk or the clerk's staff.

Before referring a complaint to the secretary, a clerk is required to review the complaint to determine if it was filed in writing, signed by the complainant, and identifies one or more respondents. If the complaint does not satisfy these 3 criteria, the clerk is required to dismiss it, and if it does, the clerk is required to refer it to the secretary. The secretary is required to treat a complaint referred by a clerk in the same manner as any other complaint filed with the secretary.

A clerk is required to provide notice to a person who files a complaint if the clerk dismisses the complaint or refers the complaint to the secretary.


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

Status: 4/19/2024 House Committee on Appropriations Refer Amended to House Committee of the Whole
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


HB24-1296 Modifications to the Colorado Open Records Act 
Position: Support
Calendar Notification: NOT ON CALENDAR
Short Title: Modifications to the Colorado Open Records Act
Sponsors: C. Kipp (D) | M. Soper (R) / J. Marchman (D)
Summary:

The bill makes the following changes to the "Colorado Open Records Act" (CORA):

  • Requires a custodian to evaluate a request for public records promptly and for no longer than 2 days. Within the 2-day period the custodian shall notify the requester whether or not any costs or fees that may apply to the request and if extenuating circumstances exist that allow for an extension of the reasonable time to respond to a CORA request (response period). If there are costs or fees that may apply, the response period does not begin until the custodian receives a response from the requester acknowledging acceptance of the costs or fees. Alternatively, a requester may revise their request and the custodian shall evaluate the revised request within the 2-day evaluation period. Otherwise, the response period begins after the custodian has provided notice to the requester.
  • Adds an extenuating circumstance that allows for an extension of the response period when the custodian is not scheduled to work within the response period;
  • If public records are in the custody and control of someone who is not scheduled to work within the response period, a custodian shall notify the requester of the date the person is scheduled to return to work and make best efforts to make responsive records available for inspection within the response period or extended response period, as applicable. The requester may make a subsequent request for additional responsive records, if any, on or after the date the person who is authorized to have custody and control of the records is scheduled to return to work.
  • Allows a custodian to determine that a requester is a vexatious requester, requires the custodian to make a sworn statement in support of the determination to provide to the requester, allows the custodian a 30-day response period when a requester is a vexatious requester, and permits the requester to appeal the determination that the requester is a vexatious requester to the district court;
  • Excludes a mass medium or newsperson from being a vexatious requester;
  • Allows a custodian to determine that a request is made for the direct solicitation of business for pecuniary gain, requires the custodian to make a sworn statement in support of the determination to provide to the requester, allows the custodian a 30-day response period for such a request, permits the requester to appeal the determination that the request is made for the direct solicitation of business for pecuniary gain to the district court, and allows a custodian to charge the requester for the full cost of responding to the request notwithstanding the allowance for the first hour of research and retrieval to otherwise be free of charge and notwithstanding the statutory cap on fees, which otherwise would apply;
  • Prohibits disclosure of any other contact information of students in any public elementary or secondary school in addition to the prohibition of disclosure of addresses and telephone numbers that is in current law;
  • Allows a custodian to deny the right of inspection of public records that are an employee's calendar, unless the public record is an elected official's calendar or the calendar of an employee who is in a leadership position or the request is made by a mass medium or newsperson; and
  • Allows a custodian to treat a CORA request made within 14 calendar days of another CORA request made by the same person as one request for purposes of calculating the fee that the custodian may charge to the requester for research and retrieval of responsive public records.
    (Note: This summary applies to this bill as introduced.)

Status: 4/20/2024 House Third Reading Passed - No Amendments
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


HB24-1302 Tax Rate Information to Real Property Owners 
Position:
Calendar Notification: NOT ON CALENDAR
Short Title: Tax Rate Information to Real Property Owners
Sponsors: J. Parenti (D)
Summary:

Section 1 of the bill requires taxing authorities to submit, with their annual certification of levies, the following information:

  • The rate of each levy that it imposes;
  • Any adjustments from the prior year's levies;
  • Whether the levy is fixed or floating;
  • The applicable statutory or constitutional limits on annual levy or revenue increases, and whether the taxing authority is exempt from or has waived these statutory or constitutional limits;
  • The annual rate of growth of the levy; and
  • The mechanism for determining the annual rate of growth of the levy.

The board of county commissioners or other body authorized by law to levy taxes must provide this information, along with the identity of the entity that fixes each levy rate, with its annual certification of levies. The counties are required to ensure that this information is publicly available.

Section 2 removes the requirement that an annual notice of valuation sent to a property owner by a county assessor contain an estimate or an estimated range of the taxes owed for the current property tax year.
(Note: This summary applies to this bill as introduced.)

Status: 3/13/2024 House Committee on Transportation, Housing & Local Government Refer Amended to Appropriations
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


HB24-1304 Minimum Parking Requirements 
Position: Oppose
Calendar Notification: Thursday, April 25 2024
SENATE LOCAL GOVERNMENT & HOUSING COMMITTEE
Upon Adjournment SCR 352
(1) in senate calendar.
Short Title: Minimum Parking Requirements
Sponsors: S. Vigil (D) | S. Woodrow (D) / K. Priola (D) | N. Hinrichsen (D)
Summary:

The bill prohibits a county or municipality, on or after January 1, 2025 June 30, 2025 , from enforcing minimum parking requirements for real property that is within a metropolitan planning organization. This prohibition does not prohibit a county or municipality from:

  • Lowering the protections provided for persons with disabilities;
  • Preventing a county or municipality from enacting or enforcing a maximum parking requirement; or
  • Enforcing any agreement made in connection with a land use approval to provide regulated affordable housing in exchange for reducing minimum parking requirements;
  • Being awarded funding for affordable housing that requires a ratio of a certain number of parking spaces;
  • Preventing a county or municipality from enacting or enforcing a minimum parking requirement for bicycles; or
  • The bill also allows a municipality or county, on or after January 1, 2025 December 31, 2025 , to impose Imposing the following requirements on a motor vehicle parking space that is voluntarily provided in connection with a development project:
  • That the owners of such a motor vehicle parking space charge for the use of the space;
  • That the owner of such a parking space contribute to a parking enterprise, permitting system, or shared parking plan; and
  • That such a motor vehicle parking space allow for electric vehicle charging stations in accordance with existing law.

Corresponding to this prohibition, the bill prohibits a local government from qualifying for a state gift, grant, or award on the basis of reducing a parking requirement or eliminating a minimum parking requirement.

The bill requires a county or municipality that is subject to the bill, on or after June 30, 2025 December 31, 2025 , to submit a report to the department of local affairs detailing the county or municipality's compliance with the requirements of the bill. The bill provides a process for the review of such a report. Lastly, the bill requires the department of local affairs, in consultation with the department of transportation, and the Colorado energy office, to develop and publish best practices and technical assistance materials concerning optimizing parking supply and managing parking.

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


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

Status: 4/18/2024 Introduced In Senate - Assigned to Local Government & Housing
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


HB24-1313 Housing in Transit-Oriented Communities 
Position: Monitor
Calendar Notification: Tuesday, April 23 2024
SENATE LOCAL GOVERNMENT & HOUSING COMMITTEE
2:00 PM SCR 352
(3) in senate calendar.
Short Title: Housing in Transit-Oriented Communities
Sponsors: S. Woodrow (D) | I. Jodeh (D) / C. Hansen (D) | F. Winter (D)
Summary:

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

  • Is entirely within a metropolitan planning organization;
  • Has a population of 4,000 or more; and
  • Contains at least 75 acres of certain transit-related areas; or

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

  • A transit station area that is both in an unincorporated part of the county and within one-half mile of a station that serves a commuter rail service or light rail service; or
  • A transit corridor area that both is in an unincorporated part of the county and is fully encompassed by one or more municipalities.

The bill requires a transit-oriented community to meet its housing opportunity goal and relatedly requires the department to:

  • On or before July 31, 2024, publish a map that designates transit areas that transit-oriented communities shall use in calculating their housing opportunity goal; and
  • On or before December 31, 2024, publish models and guidance to assist a transit-oriented community in meeting its housing opportunity goal.

A housing opportunity goal is a zoning capacity goal determined based on an average zoned housing density and the amount of transit-related areas within a transit-oriented community. The bill requires a transit-oriented community to meet its housing opportunity goal by ensuring that enough areas in the transit-oriented community qualify as transit centers. In order to qualify as a transit center, an area must:

  • Be composed of zoning districts that uniformly allow a net housing density of at least 15 units per acre;
  • Identify the net housing density allowed by law;
  • Meet a housing density established by the transit-oriented community;
  • Not include any area where local law exclusively restricts housing occupancy based on age or other factors;
  • Have an administrative approval process for multifamily residential property development on parcels that are 5 acres or less in size;
  • Be composed of contiguous parcels, if located partially outside of a transit area; and
  • Be located wholly within a transit area and not extend more than one-quarter mile from the edge of a transit area, unless the department allows otherwise.

A transit-oriented community is required to demonstrate that it has met is housing opportunity goal by submitting a housing opportunity goal report to the department of local affairs (department). A housing opportunity goal report must include:

  • The housing opportunity goal calculation that the transit-oriented community used in determining its housing opportunity goal;
  • Evidence that the transit-oriented community has met its housing opportunity goal;
  • A map that identifies the boundaries of any transit centers within the transit-oriented community;
  • If relevant, a plan to address potential insufficient water supplies for meeting the transit-oriented community's housing opportunity goal;
  • Affordability strategies that the transit-oriented community will implement in meeting its housing opportunity goal. The transit-oriented community shall select some of these strategies from the standard and long-term affordability strategies menus in the bill, and the transit-oriented community shall include an implementation plan describing how it will implement these strategies.
  • Any displacement mitigation strategies that the transit-oriented community has or will adopt from the displacement mitigation strategies menu in the bill and an implementation plan describing how it will implement these strategies.

Additionally, the bill requires a transit-oriented community to submit a progress report to the department every 3 years.

After receiving a transit-oriented community's housing opportunity goal report, the department shall either approve the report or provide direction to the transit-oriented community for amending and resubmitting the report and require the transit-oriented community to resubmit the report. If a transit-oriented community does not submit a housing opportunity goal report to the department on or before December 31, 2026, or if the department does not approve a transit-oriented community's housing opportunity goal report, the department will designate the transit-oriented community as a nonqualified transit-oriented community. Similarly, if a transit-oriented community does not submit a progress report to the department every 3 years, or if the department does not approve a transit-oriented community's progress report, the department will designate the transit-oriented community as a nonqualified transit-oriented community.

The state treasurer shall transfer any money that a nonqualified transit-oriented community would have otherwise been allocated from the highway users tax fund instead to the transit-oriented communities highway users tax account (account). The department shall not use any money in the account that is attributable to a specific nonqualified transit-oriented community until 180 days after the transit-oriented community became a nonqualified transit-oriented community. If a nonqualified transit-oriented community no longer qualifies as a nonqualified transit-oriented community during that 180-day period, the treasurer shall issue a warrant to the transit-oriented community for the amount of money that was diverted from the transit-oriented community to the account.

If the department does not approve a transit-oriented community's housing opportunity goal report on or before December 31, 2027, the department may seek an injunction requiring the transit-oriented community to comply with the requirements of the bill.

In addition to designating an area as a transit center for purposes of meeting a housing opportunity goal, the bill allows local governments to designate an area as a neighborhood center so long as the local government ensures that the area:

  • Has an average zoned housing density sufficient to increase public transit ridership;
  • Has an administrative approval process for multifamily residential property development on parcels that are no larger than a size determined by the department;
  • Has a mixed-use walkable neighborhood; and
  • Satisfies any other criteria required by the department.

The bill also creates the transit-oriented communities infrastructure fund grant program (grant program) within the department. The purpose of the grant program is to assist local governments in upgrading infrastructure within transit centers and neighborhood centers. In administering the grant program, the department shall prioritize grant applicants based on the information in the reports described in the bill. Grants from the grant program are awarded from money in the transit-oriented communities infrastructure fund (fund). The fund consists of gifts, grants, and donations along with money that the general assembly may appropriate or transfer to the fund and money in the account described in the bill. The fund is continuously appropriated. On July 1, 2024, the state treasurer shall transfer $35 million from the general fund to the fund.

Section 2 prohibits a planned unit development resolution or ordinance for a planned unit development that is adopted on or after the effective date of the bill and that applies within a transit-oriented center or neighborhood center from restricting the development of housing more than the local law that applies to that transit-oriented center or neighborhood center. Section 3 states that any restriction by a unit owners' association within a transit-oriented center or neighborhood center on the development of housing that is adopted on or after the effective date of the bill and is beyond the local law that applies to that transit-oriented center or neighborhood center is void as a matter of public policy. Sections 4 and 5 require the Colorado housing and financing authority to allocate tax credits under the state affordable housing tax credit to qualified housing developments within transit centers.
(Note: This summary applies to this bill as introduced.)

Status: 4/18/2024 Introduced In Senate - Assigned to Local Government & Housing
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


HB24-1357 Pipeline Safety 
Position: Monitor
Calendar Notification: Monday, April 22 2024
Finance
1:30 p.m. Room 0112
(3) in house calendar.
Short Title: Pipeline Safety
Sponsors: T. Story (D) | K. Brown (D) / K. Priola (D)
Summary:

Current law requires the pipeline safety rules of the public utilities commission (commission) to address the mapping of all pipelines within the commission's jurisdiction. The bill clarifies current law by requiring the commission's mapping requirements for all pipelines within its jurisdiction to be available at a scale of 1 to 6,000 or greater.

On or before December 31, 2024, the commission must adopt rules that require:

  • An owner or operator of a transmission line, a distribution system, or a gathering line to use advanced leak detection technology in accordance with certain requirements;
  • An owner or operator of a transmission line, a distribution system, or a gathering line or an investor-owned natural gas utility (owner or operator) to repair grade 1 gas leaks immediately upon detection, grade 2 gas leaks no later than 60 days after detection, and grade 3 gas leaks no later than one year after detection; and
  • That all pipeline road and railroad crossings are inspected with advanced leak detection technology on a monthly basis for damage caused from traffic.

The bill also requires a section of pipeline that has not been used for 2 or more years to be removed or abandoned in place. An owner or operator may abandon a section of pipeline in place only in certain circumstances. If an owner or operator intends to remove a section of pipeline or abandon a section of pipeline in place, the owner or operator must notify the commission no less than 30 days before the owner or operator commences the removal or abandonment in place. The commission may review a notice of abandonment in place to determine whether the proposed abandonment in place is less impactful than removal.

The bill also requires the commission to develop a user-friendly, public-facing website (website) for pipeline safety data in the state. The website must include the location, date, and owner or operator for the following data:

  • Reportable safety events;
  • Violations;
  • Compliance actions;
  • Pipeline inspection data; and
  • How to access the mapping of pipelines within the commission's jurisdiction.

Current law provides that any person that violates certain pipeline safety laws is subject to a penalty of up to $200,000 dollars per violation. The bill changes this maximum penalty to $500,000 per violation. The amount of the penalty must also be no less than $5,000 for each day of a violation and, in the event that the commission deems that the penalty is necessary for the protection of public health, safety, welfare, the environment, or wildlife resources, no less than $15,000 per day of a violation. Beginning in 2026, the commission is required to adjust the penalty amounts for inflation every 2 years.

Current law allows the commission to reduce penalties based on certain metrics and factors (factors). The bill changes current law to allow the commission to also increase penalties based on the factors and adds additional factors that the commission must consider. Except with respect to an owner or operator of a distribution system serving fewer than 1,000 customers in the state, the commission is prohibited from reducing a penalty based on the factors by more than 15% and the violator is required to conduct certain compliance actions before a reduction occurs.


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

Status: 4/18/2024 House Committee on Energy & Environment Refer Amended to Finance
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


HB24-1362 Measures to Incentivize Graywater Use 
Position: Monitor
Calendar Notification: Tuesday, April 23 2024
GENERAL ORDERS - SECOND READING OF BILLS - CONSENT CALENDAR
(5) in senate calendar.
Short Title: Measures to Incentivize Graywater Use
Sponsors: M. Lukens (D) | M. Catlin (R) / D. Roberts (D) | C. Simpson (R)
Summary:

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

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

  • May adopt an ordinance or a resolution prohibiting the installation of graywater treatment works or the use of all graywater or categories of graywater use within its jurisdiction; and
  • Shall notify the division of administration in the department of public health and environment of any such local ordinance or resolution adopted and of any local ordinance or resolution adopted that authorizes a use of graywater previously prohibited.

To incentivize the installation of graywater treatment works within a residential building for indoor water reuse, the bill also creates a state income tax credit that allows a taxpayer to claim a credit up to 50% of the cost of such an installation or up to $5,000, whichever amount is less.

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


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

Status: 4/18/2024 Senate Committee on Agriculture & Natural Resources Refer Amended - Consent Calendar to Senate Committee of the Whole
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


HB24-1366 Sustainable Local Government Community Planning 
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Short Title: Sustainable Local Government Community Planning
Sponsors: M. Froelich (D) | K. Brown (D)
Summary:

Section 1 of the bill requires state agencies to prioritize awarding grants that satisfy a list of criteria described in the bill. Sections 2 and 3 require, beginning January 1, 2025, upon updating a county or municipal master plan, a county or municipality (local government) to include a climate action element in its master plan. A climate action element must include climate-related goals, plans, or strategies and a description of any money from the federal, state, or a local government that a local government has received for the implementation of any of the plans or goals described in the climate action element.

The bill requires a local government to provide the Colorado energy office (office) with the climate action element and then requires the office to deliver a copy of any climate element it receives to the department of local affairs, the Colorado department of transportation (CDOT), and any other state agency that the office determines.

Section 4 requires CDOT to coordinate with metropolitan planning organizations to establish criteria that define growth corridors and identify these growth corridors. Having identified these growth corridors, the department and metropolitan planning organizations shall coordinate with local governments to develop transportation demand management plans for these growth corridors. Section 5 makes 2 changes related to the statewide transportation plan. First, the bill requires the statewide transportation plan to include:

  • An examination of the impact of transportation decisions on land use patterns;
  • The identification of highway segments where promotion of context-sensitive highway permitting and design can encourage the development of dense, walkable, and mixed-use neighborhoods in transit-oriented centers and neighborhood centers; and
  • An emphasis on integrating planning efforts within CDOT to support multimodal transportation, neighborhood centers, and transit-oriented centers in infill areas as well as growth corridors through the associated transportation demand management corridor planning.

Second, the bill requires CDOT to conduct a study in connection with the statewide transportation plan that identifies:

  • Policy barriers and opportunities for the implementation of context-sensitive design, complete streets, and pedestrian-bicycle safety measures in locally-identified urban centers and neighborhood centers; and
  • The portions of state highways that pass through locally identified transit-oriented centers and neighborhood centers that are candidates for context-sensitive design, complete streets, and pedestrian-bicycle safety measures.
    (Note: This summary applies to this bill as introduced.)

Status: 4/16/2024 House Committee on Transportation, Housing & Local Government Refer Amended to Appropriations
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


HB24-1372 Regulating Law Enforcement Use of Prone Restraint 
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Short Title: Regulating Law Enforcement Use of Prone Restraint
Sponsors: S. Woodrow (D) | L. Herod (D) / R. Fields (D) | J. Gonzales (D)
Summary:

The bill prohibits peace officers from using prone restraint to subdue a subject, except in cases in which the use of deadly physical force is justified. The bill requires officers who use prone restraint to immediately reposition a person to facilitate breathing once the person is in handcuffs or the person's hands are tied. The bill applies a similar prone restraint prohibition and recovery position requirement to guards and peace officers employed in detention facilities.

The bill requires the development of a model state policy on the risk of positional asphyxia and law enforcement use of prone restraint when making arrests or preventing escapes. The bill lists elements of the model policy and directs state and local law enforcement agencies, including those that supervise detention facilities, to adopt their own written policies and training requirements based on those elements. Law enforcement agencies that have not adopted their own policies on or before July 1, 2026, must comply with the state's model policy. The bill requires reporting of policy violations.

The bill creates a private right of action against a law enforcement agency that fails to adopt prone restraint policies, train officers to adhere to those policies, or report policy violations. The bill also creates a private right of action against individual peace officers and guards employed in detention facilities who violate policies on which they've been trained, and authorizes the peace officers standards and training board to impose related disciplinary measures on peace officers.


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

Status: 4/20/2024 House Third Reading Passed - No Amendments
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


HB24-1379 Regulate Dredge & Fill Activities in State Waters 
Position:
Calendar Notification: Tuesday, April 23 2024
State Library Appropriations
7:30 a.m. Room Old
(13) in house calendar.
Short Title: Regulate Dredge & Fill Activities in State Waters
Sponsors: J. McCluskie (D) | K. McCormick (D) / D. Roberts (D)
Summary:

The bill requires the water quality control commission (commission) in the department of public health and environment (department) to promulgate rules by May 31, 2025, as necessary to implement a state dredge and fill discharge authorization program (program) and requires the division of administration (division) in the department to administer and enforce authorizations for activities that will result in the discharge of dredged or fill material into state waters. The rules must focus on avoidance of, minimization of, and compensation for the impacts of dredge and fill activity (activity), include application requirements, and be at least as protective as the guidelines developed pursuant to section 404 (b)(1) of the federal "Clean Water Act".

The bill establishes duties for the division in administering the program, as follows:

  • The division shall issue individual authorizations consistent with the rules promulgated by the commission;
  • The division shall issue general authorizations for the discharge of dredged or fill material into state waters from certain categories of activities that have minimal effects on state waters and the environment;
  • The division shall utilize the existing structure of preconstruction notifications in the nationwide and regional permits established by the United States Army Corps of Engineers and issue general authorizations to be effective for categories of activities that do not require preconstruction notification; and
  • The division may include conditions in a notice of authorization, on a case-by-case basis, to clarify the terms and conditions of a general authorization or to ensure that an activity will have only minimal individual and cumulative adverse effects on state waters.

Compensatory mitigation is required in all individual authorizations and in general authorizations where unavoidable adverse impacts to wetlands will affect over one-tenth of an acre or, for streams, where unavoidable adverse impacts greater than the threshold established by the commission by rule will occur. Compensatory mitigation may be accomplished through the purchase of mitigation bank credits, an in-lieu fee program, or project-proponent-responsible mitigation.

Until the rules become effective:

  • The division's Clean Water Policy 17, "Enforcement of Unpermitted Discharges of Dredged and Fill Material into State Waters", continues to be effective;
  • For projects that do not qualify for enforcement discretion under the division's Clean Water Policy 17, the division may issue temporary authorizations for the discharge of dredged or fill material into state waters only under certain conditions; and
  • Temporary authorizations must include conditions necessary to protect the public health and the environment and to meet the intent of the bill.

The division may issue a temporary authorization for a period not to exceed 2 years.

The bill deems certain activities exempt and therefore does not require a discharge authorization for, or otherwise require regulation of, such activities. The bill also excludes certain types of waters from the bill's regulatory requirements.

The bill clarifies that "state waters" includes wetlands.

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


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

Status: 4/15/2024 House Committee on Finance Refer Unamended to Appropriations
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


HB24-1454 Grace Period Noncompliance Digital Accessibility 
Position:
Calendar Notification: Monday, April 22 2024
State, Civic, Military, & Veterans Affairs
1:30 p.m. Room LSB-A
(2) in house calendar.
Short Title: Grace Period Noncompliance Digital Accessibility
Sponsors: D. Ortiz (D) / P. Lundeen (R)
Summary:

Current law requires state agencies and public entities to comply with digital accessibility standards on or before July 1, 2024. The bill provides a one-year extension to July 1, 2025, of immunity from liability for failure to comply with the digital accessibility standards for an agency that demonstrates good faith efforts toward compliance or toward resolution of any complaint of noncompliance.
(Note: This summary applies to this bill as introduced.)

Status: 4/15/2024 Introduced In House - Assigned to State, Civic, Military, & Veterans Affairs
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


HB24-1460 Law Enforcement Misconduct 
Position:
Calendar Notification: Tuesday, April 23 2024
State Library Judiciary
1:30 p.m. Room Old
(4) in house calendar.
Short Title: Law Enforcement Misconduct
Sponsors: L. Herod (D) | J. Bacon (D)
Summary:

The bill requires a law enforcement agency (agency) that receives an allegation of misconduct, criminal conduct, or other unprofessional conduct regarding a peace officer employed by the agency to investigate the allegation. If a peace officer receives an allegation of misconduct, criminal conduct, or other unprofessional conduct (misconduct) or is reasonably aware of the misconduct of another peace officer, the peace officer shall report the allegation to the subject of the allegation's employing agency. A peace officer who fails to make the report commits a class 2 misdemeanor. A person who makes an allegation has a private right of action if the allegation is not investigated.

The bill clarifies that patterns and practices investigations may also be related to deprivation of rights by a peace officer against another peace officer.

Current law requires agencies to report certain information regarding officers' misconduct to a database maintained by the P.O.S.T. board. The attorney general may audit the reports made to the database to verify reporting compliance. The bill requires the attorney general to accept reports of non-reporting to the database and requires those reports to be investigated within available resources.

Current law requires unedited video and audio recordings of incidents of alleged misconduct to be released the public upon request. The bill states that a law enforcement agency shall not charge a fee to the requestor related to releasing the recording.

Current law provides a peace officer with whistle-blower protection. The bill allows a peace officer who is subject to whistle-blower discipline a private right of action against the officer's employing agency.

The bill requires each agency to retain all reports regarding allegations of misconduct and all investigation files, notes, and reports related to those reports. The bill also requires the investigating agency to provide a copy of the investigation file to the subject of the investigation after the investigation is completed.


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

Status: 4/17/2024 Introduced In House - Assigned to Judiciary
Fiscal Notes Status: Fiscal note currently unavailable
Fiscal Notes:

SB24-002 Local Government Property Tax Credits Rebates 
Position: Support
Calendar Notification: NOT ON CALENDAR
Short Title: Local Government Property Tax Credits Rebates
Sponsors: D. Roberts (D) / J. McCluskie (D) | L. Frizell (R)
Summary:

Under current law, counties and municipalities are authorized to issue tax incentives, including property and sales tax credits or rebates, to promote certain uses of real property, such as the installation of renewable energy fixtures. Section 2 of the bill authorizes boards of county commissioners to establish a similar incentive program to offer limited county property tax credits or rebates to participants in a program designed to directly improve an area of specific local concern related to the use of real property in the county. Section 3 sets forth applicable definitions and requirements to establish an incentive program to address an "area of specific local concern", which is defined as "a use of real property in the county that is determined by the board of county commissioners to be diminishing or unavailable based on verifiable data and which use the board of county commissioners finds and declares necessary for the preservation of the health, safety, or welfare of the residents of the county , including as to matters of equity, access to housing, and access to education ". The bill further specifies that an "area of specific local concern" does not include a use of real property in a county that:

  • Harms or may reasonably be expected to harm a disproportionately impacted community; or
  • Prevents or may reasonably be expected to prevent meeting the minimum greenhouse gas emission reduction goals and deadlines.

An incentive program must be established by resolution or ordinance adopted by a board of county commissioners at a public hearing and must include the board's findings and determinations regarding the specific area of local concern and specific criteria for the qualification of program participants. The county must include specified information regarding the incentive program in a notice of the hearing provided to the clerk of each municipality that is wholly or partly located in the county and that may be impacted by the incentive program. Each such municipality must be allowed to submit written comments and provide testimony at the hearing.

Incentive programs must be evaluated on an annual basis and may be renewed only if determined to be effective. An incentive program must be uniformly applied among all owners of the same class of real or commercial property.

Sections 4 and 5 authorize municipalities to establish an identical incentive program offering limited municipal property tax credits or rebates to participants in a program designed to directly improve an area of specific local concern related to the use of real property in the municipality. A municipal incentive program is subject to the same substantive and procedural requirements as a county program, including the requirement to provide notice of the public hearing regarding the incentive program, and an opportunity to submit written comments and provide testimony at such hearing, to each county that includes all or any portion of the municipality and that may be impacted by the incentive program.

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


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

Status: 3/15/2024 Governor Signed
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


SB24-005 Prohibit Landscaping Practices for Water Conservation 
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Short Title: Prohibit Landscaping Practices for Water Conservation
Sponsors: D. Roberts (D) | C. Simpson (R) / K. McCormick (D) | B. McLachlan (D)
Summary:

Water Resources and Agriculture Review Committee. On and after January 1, 2025 2026, the bill prohibits local governments and unit owners' associations of common interest communities from allowing the installation, planting, or placement of nonfunctional turf, artificial turf, or invasive plant species on commercial, institutional, or industrial property, or a transportation corridor common interest community property, or a street right-of-way, parking lot, median, or transportation corridor. The bill also prohibits the department of personnel from allowing the installation, planting, or placement of nonfunctional turf, artificial turf, or invasive plant species as part of a project for the construction or renovation of a state facility, which project commences on or after January 1, 2025.

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


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

Status: 3/15/2024 Governor Signed
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


SB24-020 Alcohol Beverage Delivery & Takeout 
Position: Monitor
Calendar Notification: Tuesday, April 23 2024
State Library Appropriations
7:30 a.m. Room Old
(21) in house calendar.
Short Title: Alcohol Beverage Delivery & Takeout
Sponsors: D. Roberts (D) | N. Hinrichsen (D) / W. Lindstedt (D) | R. Pugliese (R)
Summary:

Current law authorizes certain businesses licensed to sell alcohol beverages at retail by the drink to deliver these beverages or to allow the customer to take these beverages from the licensed premises. This authorization is scheduled to repeal on July 1, 2025. The bill removes this repeal, thereby continuing indefinitely the authorization for alcohol beverage delivery and takeout by specified licensees.

A hotel and restaurant licensee or tavern licensee is prohibited from allowing takeout and delivery in a sealed manufacturer's container without the assistance of the license holder's employee, unless the license holder is a lodging establishment.

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


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

Status: 4/15/2024 House Committee on Finance Refer Unamended to Appropriations
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


SB24-023 Hold Harmless for Error in GIS Database Data 
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Short Title: Hold Harmless for Error in GIS Database Data
Sponsors: K. Van Winkle (R) | J. Bridges (D) / C. Kipp (D) | R. Taggart (R)
Summary:

Sales and Use Tax Simplification Task Force. The department of revenue owns and maintains a GIS database that is provided to vendors to determine the jurisdictions to which tax is owed and to calculate appropriate sales and use tax rates for individual addresses. The bill establishes that any vendor that properly uses and reasonably relies on the information in the GIS database to determine the tax rate and local taxing jurisdictions to which sales or use tax is owed is held harmless in an audit by a local taxing jurisdiction for an underpayment of tax, charge, or fee liability that results solely from an error or omission in the GIS database data. The bill requires the department of revenue to update the GIS database within 30 days of its receipt of updated or corrected information from a local taxing jurisdiction, provide a reasonably convenient method for a local taxing jurisdiction to report an error in the GIS database data, and ensure the data in the GIS database, including jurisdictional boundaries and tax rates, is at least 95% accurate.

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


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

Status: 4/19/2024 Governor Signed
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


SB24-025 Update Local Government Sales & UseTax Collection 
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Short Title: Update Local Government Sales & UseTax Collection
Sponsors: J. Bridges (D) | K. Van Winkle (R) / C. Kipp (D) | R. Taggart (R)
Summary:

Sales and Use Tax Simplification Task Force. Under current law, the department of revenue (department) administers, collects, and enforces the local sales or use tax that a statutory local government or a special district imposes and, if requested, administers, collects, and enforces any such tax that a home rule jurisdiction imposes. The statutes that govern the administration, collection, and enforcement of these local sales or use taxes are located in multiple titles of the Colorado Revised Statutes. The bill revises, modernizes, and harmonizes the separate statutes that govern the state administration of local sales or use tax by creating new parts 2 and 3 in article 2 of title 29. In general, the bill makes clear that the department collects, administers, and enforces a local government sales or use tax in the same manner as it collects, administers, and enforces the state sales tax.

The bill:

  • Requires a statutory local government, special district, or requesting home rule jurisdiction that imposes a new sales or use tax, makes a change to its existing sales or use tax, or changes its geographical boundaries by ordinance, resolution, or election to provide the department written notice within specified deadlines and establishes the applicability dates for such events;
  • Requires each statutory local government, special district, and requesting home rule jurisdiction to designate one or more liaisons to coordinate with the department regarding the collection of its sales or use tax;
  • Establishes a dispute resolution process when the local sales or use tax that is administered, collected, and enforced by the department is paid erroneously to the state or to the wrong statutory local government, special district, or home rule jurisdiction;
  • Makes clear that a vendor who uses the department's geographic information system (GIS) database to determine the jurisdictions to which statutory local government, special district, or requesting home rule jurisdiction tax is owed is held harmless for any tax, charge, or fee liability that would otherwise be due solely as a result of an error or omission in the GIS database data;
  • Clarifies that a statutory local government, special district, or requesting home rule jurisdiction may allow a retailer that collects and remits its sales or use tax to retain a percentage of the amount remitted to cover the vendors' expenses in collecting and remitting the statutory local government, special district, or requesting home rule jurisdiction's sales or use tax, but specifies that the statutory local government, special district, or requesting home rule jurisdiction may not impose a limit on the amount retained;
  • Modifies the relief available under the provisions for local dispute resolution for sales or use taxes asserted by the local government to reflect the availability of the department's GIS database for accurately sourcing sales; and
  • Makes conforming amendments for the collection, administration, enforcement, and distribution of statutory local government, special district, and requesting home rule jurisdiction sales or use taxes.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/19/2024 Signed by the President of the Senate
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


SB24-027 Criminal and Juvenile Justice System Process Study 
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Short Title: Criminal and Juvenile Justice System Process Study
Sponsors: J. Gonzales (D) | R. Rodriguez (D) / M. Martinez (D)
Summary:

Recidivism Interim Study Committee. The bill requires the division of criminal justice (division) in the department of public safety to conduct a study to examine how individuals proceed through the various stages of criminal and juvenile justice proceedings, including sentences and alternative sentencing programs.

The division shall solicit proposals for an entity to assist with the study.

The bill requires the division to submit a report of its findings to the joint budget committee and the judiciary committees of the house of representatives and the senate by June 30, 2025.


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

Status: 1/22/2024 Senate Committee on Judiciary Refer Unamended to Appropriations
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


SB24-096 Limit Fenced Perimeter Security Alarm System Regulations 
Position: Oppose
Calendar Notification: NOT ON CALENDAR
Short Title: Limit Fenced Perimeter Security Alarm System Regulations
Sponsors: K. Van Winkle (R) / M. Soper (R)
Summary:

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


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

Status: 2/29/2024 Senate Committee on Local Government & Housing Postpone Indefinitely
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


SB24-106 Right to Remedy Construction Defects 
Position: Support
Calendar Notification: NOT ON CALENDAR
Short Title: Right to Remedy Construction Defects
Sponsors: R. Zenzinger (D) | J. Coleman (D) / S. Bird (D)
Summary:

In the "Construction Defect Action Reform Act" (act), Colorado law establishes procedures for bringing a lawsuit for a construction defect (claim). Section 2 of the bill clarifies that a person that has had a claim brought on the person's behalf is also considered a claimant, and therefore, the act applies to the person for whom the claim is brought. Sections 3 and 6 create a right for a construction professional to remedy a claim made against the construction professional by doing remedial work or hiring another construction professional to perform the work. The following applies to the remedy:

  • The construction professional must notify the claimant and diligently make sure the remedial work is performed; and
  • Upon completion, the claimant is deemed to have settled and released the claim, and the claimant is limited to claims regarding improper performance of the remedial work.

Currently, a claim may be held in abeyance if the parties have agreed to mediation. Section 3 also adds other forms of alternative dispute resolution for which the claim would be held in abeyance. Alternative dispute resolution is binding. If a settlement offer of a payment is made and accepted in a claim, the payment constitutes a settlement of the claim and the cause of action is deemed to have been released, and an offer of settlement is not admissible in any subsequent action or legal proceeding unless the proceeding is to enforce the settlement.

To bring a claim or related action, section 4 requires a unit owners' association (association) to obtain the written consent of at least two-thirds of the actual owners of the units in the common interest community. The consent must contain the currently required notices, must be signed by each consenting owner, and must have certain attestations.

Under the act, a claimant is barred from seeking damages for failing to comply with building codes or industry standards unless the failure results in:

  • Actual damage to real or personal property;
  • Actual loss of the use of real or personal property;
  • Bodily injury or wrongful death; or
  • A risk of bodily injury or death to, or a threat to the life, health, or safety of, the occupants.

Section 5 requires the actual property damage to be the result of a building code violation and requires the risk of injury or death or the threat to life, health, or safety to be imminent and unreasonable.

Under current law, an association may institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or 2 or more unit owners on matters affecting a common interest community. For a construction defect matter to affect a common interest community, section 7 requires that the matter concern real estate that is owned by the association or by all members of the association. Section 7 also establishes that, when an association makes a claim or takes legal action on behalf of unit owners when the matter does not concern real estate owned by the association:

  • The association and each claim are subject to each defense, limitation, claim procedure, and alternative dispute resolution procedure that each unit owner would be subject to if the unit owner had brought the claim; and
  • The association has a fiduciary duty to act in the best interest of each unit owner.
    (Note: This summary applies to this bill as introduced.)

Status: 4/11/2024 Senate Third Reading Passed with Amendments - Floor
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


SB24-131 Prohibiting Carrying Firearms in Sensitive Spaces 
Position: Monitor
Calendar Notification: Monday, April 22 2024
GENERAL ORDERS - SECOND READING OF BILLS
(22) in house calendar.
Short Title: Prohibiting Carrying Firearms in Sensitive Spaces
Sponsors: S. Jaquez Lewis (D) | C. Kolker (D) / K. Brown (D) | M. Lindsay (D)
Summary:

The bill prohibits a person from carrying a firearm, both openly and concealed, in public locations specified in the bill. A violation is an unclassified misdemeanor, punishable by a maximum $250 fine; except that a second or subsequent offense is punishable by a maximum $1,000 fine. The bill includes exceptions for law enforcement officers, members of the United States armed forces or Colorado National Guard, security personnel, firearms stored in locked containers in vehicles, and possession for instruction in conjunction with an organized class, extracurricular activity, or athletic team authorized by a college or university. The bill prohibits a person from knowingly carrying a firearm, both openly and concealed, in the following government buildings, including their adjacent parking areas:

  • State legislative buildings, including buildings at which the offices of elected members are located;
  • A building of a local government's governing body, including buildings at which the offices of elected members or the chief executive officer of a local government are located; and
  • A courthouse or other building used for court proceedings.

Unlawful carrying of a firearm in a government building is a class 1 misdemeanor. The bill includes exceptions for law enforcement officers, members of the United States armed forces or Colorado National Guard, security personnel, persons carrying as part of the lawful and common practices of a legal proceeding, and persons who hold a permit to carry a concealed handgun (concealed carry permit) who are carrying a concealed handgun in an adjacent parking area. The bill permits a local government to enact a law permitting carrying at a local government building included in the bill.

The bill prohibits a person from knowingly carrying a firearm, both openly and concealed, on the property of a public or private preschool; public or private elementary, middle, junior high, high, or vocational school; or any public or private college, university, or seminary (higher education institution), with exceptions. A violation is a class 1 misdemeanor. The bill maintains exceptions in existing law for carrying a firearm on the property of a public elementary, middle, junior high, or high school and adds exceptions for concealed carry permit holders carrying in the parking area of a preschool or higher education institution; security personnel at a preschool or higher education institution; and for a preschool that is on the same property as another building or improvement, carrying a firearm in an area that is not designated as a preschool.

Existing law prohibits openly carrying a firearm within any polling location or central count facility, or within 100 feet of a ballot drop box or any building in which a polling location or central count facility is located, while an election or any related ongoing election administration activity is in progress. The bill prohibits carrying a firearm in any manner at those locations.

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


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

Status: 4/19/2024 House Committee on Appropriations Refer Unamended to House Committee of the Whole
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


SB24-134 Operation of Home-Based Businesses 
Position: Support
Calendar Notification: NOT ON CALENDAR
Short Title: Operation of Home-Based Businesses
Sponsors: J. Smallwood (R) | T. Exum (D) / J. Willford (D) | R. Weinberg (R)
Summary:

The bill prohibits a unit owners' association from prohibiting the operation of a home-based business in a common interest community. The operation of a home-based business must still comply with any applicable and reasonable unit owners' association rules or regulations related to architectural control, parking, landscaping, noise, nuisance, and other matters that may impact the operation of a specific home-based business. The operation of a home-based business must also comply with municipal and county noise and nuisance ordinances or resolutions.

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


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

Status: 4/19/2024 Governor Signed
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


SB24-154 Accessory Dwelling Units 
Position: Oppose
Calendar Notification: Thursday, April 25 2024
SENATE LOCAL GOVERNMENT & HOUSING COMMITTEE
Upon Adjournment SCR 352
(3) in senate calendar.
Short Title: Accessory Dwelling Units
Sponsors: S. Jaquez Lewis (D)
Summary:

Section 1 of the bill creates a series of requirements related to accessory dwelling units in subject jurisdictions.

As established in the bill, a subject jurisdiction is the unincorporated portion of a county that is not within:

  • A unit owners' association; or
  • An area identified as having a high fire intensity on the fire intensity scale published as part of the Colorado state forest service wildfire risk viewer.

The bill requires a subject jurisdiction to allow, on or after January 1, 2025, subject to an administrative approval process, the conversion of an accessory dwelling unit. The bill also prohibits subject jurisdictions from applying a restrictive design or dimension standard to an accessory dwelling unit.

Section 2 grants the Colorado economic development commission the power to contract with the Colorado housing and finance authority for the operation of a program in which the Colorado housing and finance authority offers direct loans for the conversion of accessory dwelling units on owner-occupied land.
(Note: This summary applies to this bill as introduced.)

Status: 2/12/2024 Introduced In Senate - Assigned to Local Government & Housing
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


SB24-159 Mod to Energy & Carbon Management Processes 
Position: Oppose
Calendar Notification: NOT ON CALENDAR
Short Title: Mod to Energy & Carbon Management Processes
Sponsors: S. Jaquez Lewis (D) | K. Priola (D) / A. Boesenecker (D) | J. Marvin (D)
Summary:

On or before July 1, 2027, section 2 of the bill requires the energy and carbon management commission (commission) to adopt rules (permitting rules) to cease issuing new oil and gas permits (permits) before January 1, 2030, which rules must include certain reductions in the total number of oil and gas wells covered by new permits issued in 2028 and 2029. Section 2 also requires the commission to include as a condition in any permit issued after July 1, 2024, that certain operations must commence on or before December 31, 2032, as to each oil and gas well included in the permit.

If the commission determines that mitigation of adverse environmental impacts is necessary as a result of oil and gas operations, current law requires the commission to issue an order requiring a responsible party to perform the mitigation. If the responsible party refuses to perform the mitigation or is identified after the state provides funds for the mitigation, the commission must sue the responsible party to recover the costs of the mitigation. Section 3 changes current law by:

  • Expanding mitigation to include mitigation of adverse environmental impacts as a result of any activity regulated by the commission;
  • Adding a prior owner or operator to the definition of "responsible party"; and
  • Allowing a current or prior owner or operator to be held jointly and severally liable for the costs of any mitigation.

Section 4 requires the office of future of work to present recommendations as a result of the adoption of the permitting rules to the general assembly in January 2028.
(Note: This summary applies to this bill as introduced.)

Status: 3/28/2024 Senate Committee on Agriculture & Natural Resources Postpone Indefinitely
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


SB24-174 Sustainable Affordable Housing Assistance 
Position: Support
Calendar Notification: NOT ON CALENDAR
Short Title: Sustainable Affordable Housing Assistance
Sponsors: B. Kirkmeyer (R) | R. Zenzinger (D) / S. Bird (D)
Summary:

Housing needs assessments. The bill requires the executive director of the department of local affairs (director), no later than December 31, 2024, to develop reasonable methodologies for conducting statewide, regional, and local housing needs assessments and reasonable guidance for a local government to identify areas at elevated risk of displacement.

The bill requires the director, no later than November 30, 2027, and every 6 years thereafter, to conduct a statewide housing needs assessment that analyzes existing and future statewide housing needs and to publish a report identifying current housing stock and estimating statewide housing needs.

The bill requires each local government, beginning December 31, 2026, and every 6 years thereafter, to conduct and publish a local housing needs assessment. The bill outlines the process for a local government conducting a local housing needs assessment and for determining when a local government is exempt from conducting a local housing needs assessment. The bill requires local governments to submit local housing needs assessments to the department of local affairs (department), which shall publish those assessments on the department's website.

Relatedly, the bill allows a regional entity to conduct a regional housing needs assessment. If a regional entity conducts a regional housing needs assessment, the bill requires the regional entity to submit the assessment both to each local government in the region and to the department, which shall publish those assessments on the department's website.

Housing action plans. A housing action plan is an advisory document that demonstrates a local government's commitment to address housing needs and that guides a local government in developing legislative actions, promoting regional coordination, and informing the public of the local government's efforts to address housing needs in the local government's jurisdiction. The bill requires a local government with a population of 1,000 or more to make a housing action plan no later than January 1, 2028, and every 6 years thereafter. The bill identifies the specific elements that a housing action plan must include, explains how a local government may update a housing action plan, requires a local government to report its progress in implementing the plan to the department, and requires a local government to submit a housing action plan to the department, which shall publish those assessments on the department's website. Publishing of reports. The bill requires the director to publish reports on the following no later than December 31, 2024:

  • A directory of housing and land use strategies to guide local governments in encouraging the development of a range of housing types with a primary focus on increasing housing affordability; and
  • A directory of housing and land use strategies to guide local governments in avoiding, reducing, and mitigating the impact of displacement.

The bill establishes the minimum required elements for both types of directories of housing and land use strategies. The bill also requires the director to develop and publish:

  • No later than June 30, 2025, in consultation with the Colorado water conservation board, a joint report concerning water supply; and
  • No later than December 31, 2025, in coordination with relevant state agencies, a natural land and agricultural interjurisdictional opportunities report.

Technical assistance. The bill requires the division of local government (division) to provide technical assistance and guidance through a grant program, the provision of consultant services, or both to aid local governments in:

  • Establishing regional entities;
  • Creating local and regional housing needs assessments;
  • Making a housing action plan;
  • Enacting laws and policies that encourage the development of a range of housing types or mitigate the impact of displacement; and
  • Creating strategic growth elements in master plans.

The bill creates the continuously appropriated housing needs planning technical assistance fund to contain the money necessary for the division to provide this technical assistance and guidance. The bill requires the state treasurer to transfer $15 million from the general fund to this fund.

Further, the bill directs the division to serve as a clearing house for the benefit of local governments and regional entities in accomplishing the goals of the bill. The division shall report on the assistance requested and provided under the bill.

Grant program prioritization criteria. On and after December 1, 2027, for any grant program conducted by the department, the Colorado energy office, the office of economic development the department of transportation, the department of natural resources, the department of public health and environment, and the department of personnel and administration that awards grants to local governments for the primary purpose of supporting land use planning or housing, the bill requires the awarding entity to prioritize awarding grants to a local government that:

  • Is the subject of a completed and filed housing needs assessment;
  • Has adopted a housing action plan that has been accepted by the department;
  • Has reported progress to the department regarding the adoption of any strategies or changes to local laws identified in the housing action plan; and
  • Is the subject of a master plan that includes a water element and a strategic growth element.

In the case of a local government that is not required to do any of the above, the department is required to prioritize that local government in the same way that it prioritizes a local government that has done all of the above.

Master plans. The bill modifies the requirements of both county and municipal master plans so that those master plans must include:

  • A narrative description of the procedure used for the development and adoption of the master plan;
  • No later than December 31, 2026, a water supply element; and
  • No later than December 31, 2026, a strategic growth element, so long as the county or municipality meets certain requirements.

The water element in a county or municipal master plan must identify the general location and extent of an adequate and suitable supply of water, identify supplies and facilities sufficient to meet the needs of local infrastructure, and include water conservation policies.

The strategic growth element in a master plan must include:

  • A buildable sites analysis that identifies vacant, partially vacant, and underutilized land that can accommodate infill development, redevelopment, and new development without the development of previously undeveloped land;
  • An identification of areas within a reasonable distance of rail transit and frequent bus service that can accommodate the development of housing to address the housing needs of current and future residents at all income levels; and
  • A description of existing and needed infrastructure, transportation, and public facilities and services to serve these sites.

The bill requires both counties and municipalities to submit their master plan and any separately approved water or strategic growth element to the division for the division's review.

Prohibition contrary to public policy. The bill prohibits a unit owners' association of a common interest community from, through any declaration or bylaw, rules, or regulation adopted or amended by an association on or after July 1, 2024, prohibiting or restricting the construction of accessory dwelling units or middle housing, if the zoning laws of the association's local jurisdiction would otherwise allow such construction.
(Note: This summary applies to this bill as introduced.)

Status: 4/19/2024 Senate Third Reading Passed - No Amendments
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


SB24-194 Special District Emergency Services Funding 
Position:
Calendar Notification: Tuesday, April 23 2024
Transportation, Housing & Local Government
1:30 p.m. Room LSB-A
(3) in house calendar.
Short Title: Special District Emergency Services Funding
Sponsors: D. Roberts (D) | P. Will (R) / B. McLachlan (D) | R. Armagost (R)
Summary:

Currently, a fire protection district ( fire district) may receive and spend an impact fee or other similar development charge in connection with a local government's imposition of such fee or charge to fund expenditures by a fire and emergency services provider. Section 1 of the bill repeals these statutory provisions for funding fire and emergency services and section 2 prohibits a fire district from , on its own authority , imposing a fee, rate, toll, or charge for responding to, combating, and or extinguishing a fire occurring within the district's jurisdictional boundaries, but continues to allow a fire district to charge or seek reimbursement for such services as authorized by separate state or federal law.

In place of the repealed funding mechanisms, section 3 authorizes a fire district to impose its own impact fee on the construction of new buildings, structures, facilities, or improvements on real property within fire the district's jurisdictional boundaries so long as the fee is imposed pursuant to a schedule that is :

  • Reasonably related to the overall cost of the district's services Legislatively adopted ; and
  • Imposed in accordance with a fee schedule that is legislatively adopted by the district's board and that applies to all similarly situated property. Generally applicable to a broad class of property; and
  • Intended to defray the projected impacts on capital facilities caused by the proposed construction.

A fire district impact fee must be set at a level no greater than necessary to defray the quantified reasonable impacts of proposed construction and cannot be used to remedy any capital facility deficiency that exists without regard to the proposed construction. Additional limitations on a fire district's authority to impose an impact fee pursuant to section 3 include that:

  • No individual landowner may be required to provide any site-specific dedication or improvement to meet the same need for capital facilities for which an impact fee is imposed;
  • An impact fee may not be imposed on construction for which an individual or entity has submitted a completed application for a development permit to an approving local government prior to the fire district's adoption of a schedule of impact fees;
  • A district shall not collect an impact fee before the issuance of a building permit by the approving local government;
  • Any person or entity that owns or has an interest in land that becomes subject to a fire district's schedule of impact fees, by receiving a building permit, has standing to file an action for declaratory judgment to determine whether the impact fee complies with the requirements and limitations set forth in section 3 and such a person or entity may also pay the fee and proceed with construction without prejudice to their right to challenge the impact fee in a subsequent legal proceeding; and
  • No later than 60 days before adopting an impact fee schedule, a fire district must provide notice and an opportunity to submit written comments to every municipality or county that includes territory that is wholly or party located within the fire district's jurisdictional boundaries and that may be impacted by the proposed impact fee schedule.

Notwithstanding any other provision of section 3 , a fire district may waive an impact fee on the development of low- or moderate-income housing or affordable employee housing as defined by the fire district. Section 4 gives ambulance districts identical authority to impose an impact fee on the construction of new buildings, structures, facilities, or improvements on real property within the ambulance district's jurisdictional boundaries, subject to the same requirements and limitations that are applicable to fire district impact fees pursuant to section 3. Sections 5 gives fire districts the additional financial power to levy a sales tax within the fire district's jurisdiction, at a rate determined by the fire district's board, upon every transaction or other incident with respect to which a sales tax is levied by the state. The tax must be approved by a majority of the eligible electors within the district voting at a regular special district election or at a special election that complies with section 20 of article X of the state constitution and related statutory requirements. Such a sales tax must be collected, administered, and enforced by the executive director of the department of revenue in the same manner as the state sales tax. Section 6 is largely duplicative of section 5 but contains different language regarding collection, administration, and enforcement, which will only become law if another pending bill does not become law. Section 7 gives ambulance districts identical authority to levy a sales tax within the ambulance district's jurisdiction as is provided for fire districts in section 5. Section 8 , like section 6 , is a duplicate sales tax provision which will only become law if another pending bill does not become law.

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


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

Status: 4/18/2024 Introduced In House - Assigned to Transportation, Housing & Local Government
Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


SJR24-004 Water Projects Eligibility Lists 
Position: Strongly Support
Calendar Notification: NOT ON CALENDAR
Short Title: Water Projects Eligibility Lists
Sponsors: D. Roberts (D) | C. Simpson (R) / K. McCormick (D) | M. Catlin (R)
Summary: *** No bill summary available ***
Status: 3/8/2024 Governor Signed
Fiscal Notes Status: Fiscal note currently unavailable
Fiscal Notes: