Amendments for HB24-1308
House Journal, March 20
18 HB24-1308 be amended as follows, and as so amended, be referred to
19 the Committee on Appropriations with favorable
20 recommendation:
21
22 Amend printed bill, page 5, line 14, strike "SERVED," and substitute
23 "SERVED; OPTIMIZES".
24
25 Page 5, line 15, strike "PROGRAM, THE FINANCIAL STABILITY".
26
27 Page 5, lines 16 and 17, strike "OF ORGANIZATIONS DELIVERING THESE
28 DEVELOPMENT PROJECTS AND RESIDENT SERVICES," and substitute
29 "PROGRAM; OPTIMIZES".
30
31 Page 5, line 18, strike "CREATED, AND" and substitute "CREATED;
32 OPTIMIZES".
33
34 Page 5, line 20, after "HOUSING;" insert "CONSIDERS THE IMPACT OF
35 AWARD TERMS ON THE FINANCIAL STABILITY OF THE ORGANIZATIONS
36 DELIVERING DEVELOPMENT PROJECTS AND RESIDENT SERVICES;".
37
38 Page 5, line 23, after "24-32-705.5," insert "amend (1)(b) and (1)(c);
39 and".
40
41 Page 5, line 24, strike "(1.3)" and substitute "(1)(d), (1.3),".
42
43 Page 5, line 26, strike "(1.3) FOR" and substitute "(1) Commencing in
44 2021 and every year thereafter, as part of the department's presentation to
45 its joint committees of reference at a hearing held pursuant to section
46 2-7-203 (2)(a) of the "State Measurement for Accountable, Responsive,
47 and Transparent (SMART) Government Act", in accordance with this
48 section, the division shall prepare a public report that specifies the total
49 amount of money that:
50 (b) The division or the board has awarded from any federal, state,
51 other public, or any private source during the prior fiscal year in the form
52 of a grant, contract, or loan to promote the preservation or production of
53 emergency or affordable housing; and
54
1 (c) The division expended during the prior fiscal year on
2 administrative costs associated with each funding source identified in
3 subsection (1)(a) of this section and the number of full-time employees
4 supported by the funding source identified; AND
5 (d) THE DIVISION USES OF EXISTING STATE AND FEDERAL FUNDS TO
6 PROVIDE THE BEST USE OF SUBSIDIES TO MAXIMIZE UNIT PRODUCTION
7 INCLUDING DEVELOPMENTS IN HIGH-NEED, DIFFICULT-TO-DEVELOP AREAS,
8 AND CONFIRMATION OF RULES AND PRACTICES THAT ENSURE
9 DEVELOPMENTS ARE NOT DISQUALIFIED FROM FURTHER SUPPORT FROM
10 THE DIVISION OR THE OFFICE OF ECONOMIC DEVELOPMENT BASED ON PRIOR
11 RECEIPT OF MONEY PURSUANT TO ARTICLE 32 OF TITLE 29.
12 (1.3) FOR".
13
14 Page 6, line 5, strike "PURPOSE OF APPLICATION," and substitute
15 "PROGRAM,".
16
17 Page 6, line 14, strike "APPLICATIONS;" and substitute "APPLICATIONS, BY
18 PROGRAM;".
19
20 Page 6, line 15, strike "APPLICATIONS" and substitute "APPLICATIONS, BY
21 PROGRAM,".
22
23 Page 7, line 9, strike "AND".
24
25 Page 7, line 13, strike "TRANSFERRED." and substitute "TRANSFERRED;".
26
27 Page 7, after line 13 insert:
28
29 "(VII) THE NUMBER OF CONTRACTS DRAFTED AND EXECUTED FOR
30 LOANS OR GRANTS FROM THE FUND AND THE NUMBER OF DAYS IT TOOK TO
31 EXECUTE EACH CONTRACT. IF THE AVERAGE NUMBER OF DAYS TO
32 EXECUTE CONTRACTS INCLUDED IN THE REPORT IS MORE THAN NINETY
33 DAYS, THE DIVISION SHALL INCLUDE AN EXPLANATION REGARDING THIS
34 AVERAGE AND A PLAN TO REDUCE THE AVERAGE TO NINETY DAYS OR LESS.
35 (VIII) THE AVERAGE NUMBER OF DAYS TO PRODUCE PRELIMINARY
36 VERSIONS OF CONTRACTS AFTER MONEY IN THE FUND IS AWARDED TO
37 RECIPIENTS. IF THE AVERAGE NUMBER OF DAYS TO PRODUCE PRELIMINARY
38 VERSIONS OF CONTRACTS INCLUDED IN THE REPORT IS MORE THAN THIRTY
39 DAYS, THE DIVISION SHALL INCLUDE AN EXPLANATION REGARDING THIS
40 AVERAGE AND A PLAN TO REDUCE THE AVERAGE TO THIRTY DAYS OR LESS.
41 (IX) THE AVERAGE NUMBER OF DAYS FOR RECIPIENTS TO RECEIVE
42 SIGNED CONTRACTS AFTER THE CONTRACTS ARE APPROVED AND TERMS
43 ARE FINALIZED BY THE DIVISION AND THE RECIPIENT. IF THE AVERAGE
44 NUMBER OF DAYS FOR RECIPIENTS TO RECEIVE SIGNED CONTRACTS AFTER
45 THE CONTRACTS ARE APPROVED AND TERMS ARE FINALIZED IS MORE THAN
46 TEN DAYS, THE DIVISION SHALL INCLUDE AN EXPLANATION REGARDING
47 THIS AVERAGE AND A PLAN TO REDUCE THE AVERAGE TO TEN DAYS OR
48 LESS.".
49
50 Page 8, line 9, after "(2)(a);" add "AND".
51
52 Page 8, strike lines 10 through 12.
53
54 Renumber succeeding subparagraph.
55
56
1 Page 8, line 14, strike "HOUSING." and substitute "HOUSING
2 DEVELOPMENT.".
3
4 Page 8, line 21, strike "ACCEPT" and substitute "RECEIVE".
5
6 Page 8, strike lines 23 through 25 and substitute "BASIS BUT NOT LESS
7 THAN ONCE PER MONTH. IF THE DIVISION HAS INSUFFICIENT REVENUE TO
8 PROVIDE FUNDING FOR ANY AFFORDABLE HOUSING PROGRAM IT RECEIVES
9 APPLICATIONS FOR, THE DIVISION SHALL POST NOTICE OF THIS ON THE
10 DIVISION'S WEBSITE. NOT LATER THAN TEN CALENDAR DAYS FROM THE
11 DATE THAT A".
12
13 Page 9, line 2, strike "NECESSARY;" and substitute "NECESSARY.".
14
15 Page 9, strike lines 3 through 7.
16
17 Page 9, line 8, strike "(A)".
18
19 Page 9, line 16, after the period add "IF THE DIVISION IS UNABLE TO SEND
20 AN APPLICATION TO THE BOARD WITHIN FORTY-FIVE DAYS, THE DIVISION
21 SHALL NOTIFY THE APPLICANT OF THE DELAY WITH AN EXPLANATION FOR
22 THE DELAY AND THE DATE THAT THE DIVISION WILL SEND THE
23 APPLICATION TO THE BOARD.".
24
25 Page 9, line 17, strike "(B)" and substitute "(II)" and strike "AN".
26
27 Page 9, strike lines 18 and 19 and substitute "COMPLETED APPLICATIONS
28 SUBMITTED TO IT FROM THE DIVISION AT THE NEXT REGULARLY
29 SCHEDULED MEETING OF THE BOARD.".
30
31 Page 9, strike lines 20 through 23.
32
33 Page 10, line 23, after "(d)" insert "(I)".
34
35 Page 11, after line 1 insert:
36
37 "(II) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (3)(d)(I)
38 OF THIS SECTION, AN APPROVED APPLICANT MAY REQUEST CHANGES TO
39 THE TERMS OF AN APPROVED LOAN OR GRANT AT ANY TIME BEFORE THE
40 CONTRACT IS FINALIZED AND THE DIVISION SHALL REVIEW AND RESPOND
41 TO ANY REQUESTS FOR CHANGES MADE AFTER APPROVAL OF THE LOAN OR
42 GRANT BUT BEFORE THE CONTRACT IS FINALIZED WITHIN THIRTY DAYS. A
43 REQUEST FOR CHANGES BY AN APPROVED APPLICANT MAY EXTEND ANY
44 APPLICABLE TIME PERIOD SET FORTH IN SUBSECTION (3)(c)(I) BY NOT
45 MORE THAN THIRTY DAYS.".
46
47 Page 11, strike lines 5 through 9.
48
49 Renumber succeeding sections accordingly.
50
51 Page 11, line 17, strike "(2)(e), (7)(d), and (7)(h);" and substitute
52 "(2)(e);".
53
54 Page 12, strike line 3 and substitute "SERVED;".
55
56 Page 12, line 4, strike "SERVICES," and substitute "OPTIMIZE".
1 Page 12, line 5, strike "CREATED, AND" and substitute "CREATED;
2 OPTIMIZE".
3
4 Page 12, line 6, after "HOUSING;" insert "CONSIDER THE IMPACT OF AWARD
5 TERMS ON THE FINANCIAL STABILITY OF THE ORGANIZATIONS DELIVERING
6 THESE DEVELOPMENT PROJECTS AND RESIDENT SERVICES;".
7
8 Page 12, line 7, after "available" insert "PUBLIC OR PRIVATE" and after
9 "money;" insert "BE LAYERED WITH OTHER FUNDS ADMINISTERED BY THE
10 STATE;".
11
12 Page 12, line 9, after the period insert "THE DIVISION MAY EVALUATE AND
13 AWARD FUNDING OPPORTUNITIES AT ALL STAGES OF A PROJECT,
14 INCLUDING PREDEVELOPMENT AND FIRST-IN CATALYTIC FUND
15 COMMITMENTS.".
16
17 Page 12, strike lines 10 through 22.
18
19 Page 13, strike lines 26 and 27.
20
21 Strike pages 14 and 15.
22
23 Page 16 strike lines 1 through 20 and substitute:
24
25 "SECTION 10. No appropriation. The general assembly has
26 determined that this act can be implemented within existing
27 appropriations, and therefore no separate appropriation of state money is
28 necessary to carry out the purposes of this act.".
29
30 Renumber succeeding section accordingly.
31
32 Page 17, line 4, strike "(a)" and strike "11" and substitute "9".
33
34 Page 17, strike lines 9 through 11.
35
36 Strike "PURPOSE;" and substitute "PROGRAM;" on: Page 6, lines 8 and 10.
37
38 Page 1, line 107, strike "FUND;" and substitute "FUND AND".
39
40 Page 1, line 109, strike "HOUSING; AND ALLOWING A" and substitute
41 "HOUSING.".
42
43 Page 1, strike lines 110 through 112.
44
45
House Journal, April 20
6 Amendment No. 1, Transportation, Housing & Local Government Report,
7 dated March 19, 2024, and placed in member's bill file; Report also
8 printed in House Journal, March 20, 2024.
9
10 Amendment No. 2, by Representative Frizell:
11
12 Amend the Transportation, Housing and Local Government Committee
13 Report, dated March 19, 2024, page 5, strike line 7 and substitute:
14
15 ""SECTION 14. In Colorado Revised Statutes, 39-3-127.7,
16 amend (7) as follows:
17 39-3-127.7. Community land trust property - nonprofit
18 affordable homeownership developer property - exemption -
19 requirements - legislative declaration - definitions. (7) (a) Any
20 community land trust or nonprofit affordable homeownership developer
21 that claims a property tax exemption pursuant to this section shall comply
22 with the provisions of section 39-2-117; EXCEPT THAT IF THE REAL
23 PROPERTY THAT IS ALLOWED AN EXEMPTION PURSUANT TO THIS SECTION
24 HAS BEEN SUBDIVIDED, THE OWNER OF SUCH PROPERTY OR THE OWNER'S
25 AGENT IS ONLY REQUIRED TO:
26 (I) SUBMIT ONE APPLICATION FOR THE EXEMPTION FOR ALL
27 PARCELS IN CONNECTION WITH THE SUBDIVISION PURSUANT TO SECTION
28 39-2-117 (1)(a), BUT THE FILING MUST BE ACCOMPANIED BY A PAYMENT
29 IN ACCORDANCE WITH SECTION 39-2-117 (1)(a)(I) IN AN AMOUNT NOT TO
30 EXCEED THE AGGREGATE AMOUNT OF PAYMENTS THAT WOULD BE
31 REQUIRED IF INDIVIDUAL APPLICATIONS WERE FILED FOR EACH PARCEL;
32 AND
33 (II) IF THE EXEMPTION IS GRANTED, FILE ONE ANNUAL REPORT
34 PURSUANT TO SECTION 39-2-117 (3)(a) FOR ALL PARCELS IN CONNECTION
35 WITH THE SUBDIVISION, BUT THE FILING MUST BE ACCOMPANIED BY A
36 PAYMENT IN ACCORDANCE WITH SECTION 39-2-117 (3)(a) IN AN AMOUNT
37 NOT TO EXCEED THE AGGREGATE AMOUNT OF PAYMENTS THAT WOULD BE
38 REQUIRED IF INDIVIDUAL REPORTS WERE FILED FOR EACH PARCEL.
39 (b) NOTWITHSTANDING SUBSECTION (7)(a)(II) OF THIS SECTION, IF
40 THE REAL PROPERTY THAT IS ALLOWED AN EXEMPTION PURSUANT TO THIS
41 SECTION HAS BEEN SUBDIVIDED BUT THE SUBDIVIDED PARCEL HAS BEEN
42 SPLIT INTO A SEPARATE TAXABLE PARCEL FROM THE IMPROVEMENTS AND
43 IS LEASED TO THE OWNER OF THE IMPROVEMENTS AS AN AFFORDABLE
44 HOMEOWNERSHIP PROPERTY, THEN THE OWNER OF SUCH REAL PROPERTY
45 OR THE OWNER'S AGENT MUST FILE AN INDIVIDUAL ANNUAL REPORT FOR
46 THE SUBDIVIDED PARCEL IN ACCORDANCE WITH SECTION 39-2-117 (3)(a).
47 SECTION 15. No appropriation. The general assembly has".
48
49 Amendment No. 3, by Representative Frizell:
50
51 Amend the Transportation, Housing and Local Government Committee
52 Report, dated March 19, 2024, page 3, strike lines 16 through 21 and
53 substitute:
54
55
1 "Page 8 of the printed bill, strike lines 22 through 26, and substitute
2 "AFFORDABLE HOUSING PROGRAMS NOT LESS THAN ONCE PER QUARTER
3 WHERE A QUARTER IS EVERY THREE MONTHS BEGINNING IN JULY. THE
4 DIVISION SHALL PUBLISH THE APPLICATION SCHEDULE FOR THE SECOND
5 HALF OF STATE FISCAL YEAR 2024-25 NO LATER THAN NOVEMBER 1, 2024,
6 AND SHALL PUBLISH THE APPLICATION SCHEDULE FOR EACH SUBSEQUENT
7 STATE FISCAL YEAR NO LATER THAN MAY 1 OF THE PRECEDING STATE
8 FISCAL YEAR AND SHALL UPDATE THE SCHEDULE NO LATER THAN SIXTY
9 DAYS BEFORE THE START OF THE NEXT QUARTER. IF FOR ANY AFFORDABLE
10 HOUSING PROGRAM THE DIVISION WILL NOT BE ACCEPTING APPLICATIONS
11 FOR AN UPCOMING QUARTER, THE DIVISION SHALL POST NOTICE OF THIS ON
12 ITS WEBSITE AND INCLUDE AN EXPLANATION OF WHY APPLICATIONS FOR
13 THE AFFORDABLE HOUSING PROGRAM WILL NOT BE ACCEPTED, WHICH MAY
14 INCLUDE THERE BEING INSUFFICIENT REVENUE TO PROVIDE FUNDING FOR
15 THE AFFORDABLE HOUSING PROGRAM. NOT LATER THAN TEN CALENDAR
16 DAYS FROM THE DATE THAT A QUARTERLY APPLICATION PERIOD CLOSES,
17 THE DIVISION SHALL COMPLETE".".
18
19 Page 4 of the report, after line 4, insert:
20
21 "Page 10 of the bill, strike lines 4 through 9 and substitute "APPLICABLE.
22 THE DIVISION HAS NINETY DAYS FROM THE DATE OF RECEIVING A
23 SUBSTANTIALLY COMPLETE POST-AWARD DUE DILIGENCE PACKAGE FROM
24 THE APPROVED APPLICANT, OR IF NO POST-AWARD DUE DILIGENCE IS
25 REQUIRED THEN NINETY DAYS FROM THE DATE OF THE END OF THE
26 THIRTY-DAY PERIOD, TO FINALIZE ANY TERMS AND CONDITIONS OF
27 APPROVED LOANS OR GRANTS PURSUANT TO AN AFFORDABLE HOUSING
28 PROGRAM AND EXECUTE ANY REQUIRED CONTRACTS, BUT THE NINETY DAY
29 PERIOD PAUSES FOR THE PERIOD OF TIME AN APPROVED APPLICANT
30 RECEIVES A PRELIMINARY DRAFT FROM THE DIVISION OF ANY REQUIRED
31 CONTRACT FOR THE AFFORDABLE HOUSING PROGRAM UNTIL THE DIVISION
32 RECEIVES THE EXECUTED CONTRACT FROM THE APPROVED APPLICANT.
33 THE DIVISION SHALL PROVIDE EXECUTED".".
34
35 Amendment No. 4, by Representative Lindstedt:
36
37 Amend the Transportation, Housing, and Local Government Committee
38 Report, dated March 19, 2024, page 5, after line 3 insert:
39
40 "Page 13 of the printed bill, after line 25 insert:
41
42 "SECTION 10. In Colorado Revised Statutes, 29-4-103, amend
43 (9) as follows:
44 29-4-103. Definitions. As used in this part 1, unless the context
45 otherwise requires:
46 (9) "Housing project" means all real and personal property,
47 buildings and improvements, stores, offices, lands for farming and
48 gardening, and community facilities acquired, constructed, or to be
49 acquired or constructed pursuant to a single plan or undertaking to
50 demolish, clear, remove, alter, or repair unsafe, unsanitary, or substandard
51 housing or to provide dwelling accommodations at rentals within the
52 means of persons of low income. The term "housing project" also means
53 the planning of the buildings and improvements, the acquisition of
54 property, the demolition of existing structures, the construction,
55 reconstruction, alteration, and repair of the improvements, and all other
56 work in connection therewith. THE TERM "HOUSING PROJECT" ALSO
1 MEANS THE PROVISION OF DWELLING ACCOMMODATIONS TO PERSONS,
2 WITHOUT REGARD TO INCOME, AS LONG AS THE HOUSING PROJECT
3 SUBSTANTIALLY BENEFITS PERSONS OF LOW INCOME.
4 SECTION 11. In Colorado Revised Statutes, 29-4-104, amend
5 (1)(a) and (1)(k); and add (1)(l) as follows:
6 29-4-104. Powers of cities to undertake projects. (1) Every city
7 has power and is authorized:
8 (a) To construct, ACQUIRE, OWN, OR LEASE any housing project
9 within the city;
10 (k) To do all acts and things necessary or convenient to carry out
11 the powers expressly given in this part 1; AND
12 (l) TO MANAGE, OPERATE, AND MAINTAIN, OR CONTRACT FOR THE
13 MANAGEMENT, OPERATION, AND MAINTENANCE, OF ANY HOUSING PROJECT
14 OWNED OR LEASED BY THE CITY.".".
15
16 Amendment No. 5, by Representative Lindstedt:
17
18 Amend the Lindstedt floor amendment (HB1308_L.005), page 1, strike
19 line 32 and substitute "OWNED OR LEASED BY THE CITY.
20 SECTION 12. In Colorado Revised Statutes, amend 29-4-107 as
21 follows:
22 29-4-107. Management of housing projects. (1) The city, shall
23 AT THE CITY'S SOLE AND ABSOLUTE DISCRETION, MAY:
24 (a) CONTRACT WITH A NONPROFIT ENTITY OR PRIVATE ENTITY TO
25 MANAGE, MAINTAIN, AND OPERATE ANY HOUSING PROJECT CONSTRUCTED,
26 ACQUIRED, OWNED, OR LEASED BY THE CITY; OR
27 (b) Deliver possession of any housing projects constructed,
28 acquired, OWNED, or leased by it THE CITY to the authority within the
29 boundaries of which the city is included, but the title to all property
30 comprising such housing projects shall remain in the city. The authority
31 shall operate and maintain all such housing projects of the city THAT THE
32 CITY HAS DELIVERED POSSESSION OF IN ACCORDANCE WITH THIS
33 SUBSECTION (1)(b) and shall fix, levy, and collect such rents, fees, or
34 other charges for the use and occupancy of such housing projects as such
35 authority determines; but if there are any agreements of the city with an
36 obligee, the authority shall fix, levy, collect, and revise such rents, fees,
37 and other charges in accordance with such agreements and subject
38 thereto. All rents, fees, and other charges received by the authority from
39 any such housing project shall not be commingled with any moneys
40 MONEY of the authority and shall be deposited in a special account in any
41 depository authorized in section 24-75-603. C.R.S.
42 (2) After the payment of the cost of operation and maintenance of
43 such A housing project THAT THE CITY DELIVERS POSSESSION OF TO THE
44 AUTHORITY PURSUANT TO SUBSECTION (1)(b) OF THIS SECTION, the net
45 receipts of such project shall be paid by the authority to the city at
46 monthly or longer intervals as the city may determine or at such intervals
47 as shall be provided for in any agreement by the city with an obligee.
48 SECTION 13. In Colorado Revised Statutes, 29-4-209, amend
49 (1)(f) as follows:
50 29-4-209. Powers of authority. (1) An authority shall constitute
51 a body both corporate and politic, exercising public powers and having
52 all the powers necessary or convenient to carry out and effectuate the
53 purposes and provisions of this part 2, including the following powers in
54 addition to others granted in this section:
55
1 (f) To manage as agent of the city any project constructed or
2 owned by the city THAT THE CITY DELIVERS POSSESSION OF TO THE
3 AUTHORITY PURSUANT TO SECTION 29-4-107 (1)(b);".".".
4
5 Amendment No. 6, by Representative Frizell:
6
7 Amend the Transportation, Housing and Local Government Committee
8 Report, dated March 19, 2024, page 5, line 12, strike "strike "(a)" and".
9
10 Page 5 of the report, line 13, strike "11." and substitute "11 and substitute:
11
12 "(b) Sections 10 through 13 of this act apply to any housing
13 project pursuant to part 1 of article 4 of title 29, C.R.S., on or after the
14 applicable effective date of this act.
15 (c) Section 14 of this act applies to applications submitted and
16 annual reports filed pursuant to section 39-2-117, C.R.S., for the
17 exemption allowed by section 39-3-127.7, C.R.S., on or after the
18 applicable effective date of this act.".".
19
20 Page 5 of the report, strike lines 15 through 18 and substitute:
21
22 "Page 1 of the printed bill, strike lines 109 through 112 and substitute
23 "PROGRAMS BY THE DIVISION OF HOUSING; MAKING MODIFICATIONS TO
24 THE "CITY HOUSING LAW" TO ALLOW A CITY TO OWN OR LEASE AND
25 MANAGE, OPERATE, OR MAINTAIN, OR CONTRACT FOR MANAGEMENT,
26 OPERATION, OR MAINTENANCE OF HOUSING PROJECTS; AND
27 SPECIFYING THE REQUIREMENTS FOR AN APPLICATION AND ANNUAL
28 REPORTS FOR PURPOSES OF A PROPERTY TAX EXEMPTION FOR A
29 CO M M UNITY LAND TRUST OR NONPROFIT AFFO RDABLE
30 HOMEOWNERSHIP DEVELOPER FOR PROPERTY THAT HAS BEEN
31 SUBDIVIDED.".".
32
33 As amended, ordered engrossed and placed on the Calendar for Third
34 Reading and Final Passage.