Amendments for HB25-1093
House Journal, February 13
8 HB25-1093 be amended as follows, and as so amended, be referred to
9 the Committee of the Whole with favorable
10 recommendation:
11
12 Amend printed bill, strike everything below the enacting clause and
13 substitute:
14
15 "SECTION 1. In Colorado Revised Statutes, 29-20-104.2, amend
16 (2)(a) as follows:
17 29-20-104.2. Anti-growth law - preemption - legislative
18 declaration - definitions. (2) As used in this section, unless the context
19 otherwise requires:
20 (a) "Anti-growth law" means a GENERALLY APPLICABLE land use
21 law that explicitly limits either the growth of the population in the
22 governmental entity's jurisdiction or the number of development permits
23 or building permit applications for residential development or the
24 residential component of any mixed use development submitted to,
25 reviewed by, approved by, or issued by a governmental entity for any
26 calendar or fiscal year OR THAT, IN CENSUS URBAN AREAS AS DEFINED BY
27 THE UNITED STATES CENSUS BUREAU, EXPLICITLY DECREASES THE
28 PERMITTED RESIDENTIAL DENSITY OR USES OF LAND TO LESS DENSITY OR
29 FEWER USES THAN WERE ALLOWED UNDER ITS PREVIOUS USAGE WITHOUT
30 ENSURING A CORRESPONDING INCREASE OF RESIDENTIAL DENSITY OR USES
31 ELSEWHERE IN THE JURISDICTION. As used in this subsection (2)(a), "land
32 use law" means any statute, resolution, ordinance, code, rule, regulation,
33 plan, policy, procedure, standard, initiative, guideline, requirement, or law
34 that regulates the use or division of property or any interest in property.
35 SECTION 2. In Colorado Revised Statutes, 29-20-203, add (3)
36 as follows:
37 29-20-203. Conditions on land-use approvals.
38 (3) NOTWITHSTANDING ANY OTHER LAW, AT ANY TIME BEFORE AN
39 ELECTION IS ORDERED PURSUANT TO SECTION 31-11-104, A MUNICIPALITY
40 MAY SEEK A JUDICIAL DETERMINATION AS TO THE LEGALITY OF A
41 PROPOSED LAND USE ORDINANCE THAT RESTRICTS OR LIMITS THE
42 DEVELOPMENT OR USE OF LAND SUBMITTED TO THE LEGISLATIVE BODY
43 PURSUANT TO SECTION 31-11-104 WITH REGARD TO ANY PROVISION OF
44 THE UNITED STATES CONSTITUTION OR THE STATE CONSTITUTION, THIS
45 SECTION, ARTICLE 68 OF TITLE 24, OR SECTION 29-20-104.2. THE OWNERS
46 OF PROPERTY SPECIFICALLY SUBJECT TO THE PROPOSED ORDINANCE AND
47 PERSONS DESIGNATED AS REPRESENTING THE PETITION PROPONENTS
48 PURSUANT TO SECTION 31-11-106 (2) SHALL BE ENTITLED TO INTERVENE
49 IN THE PROCEEDING. THE TIME PERIOD TO ADOPT AN INITIATED ORDINANCE
50 OR CALL AN ELECTION PURSUANT TO SECTION 31-11-104 (1) SHALL BE
51 TOLLED DURING THE PENDENCY OF ANY ACTION FILED PURSUANT TO THIS
52 SUBSECTION (3) INCLUDING ANY APPEAL.
53
1 SECTION 3. Act subject to petition - effective date. This act
2 takes effect at 12:01 a.m. on the day following the expiration of the
3 ninety-day period after final adjournment of the general assembly; except
4 that, if a referendum petition is filed pursuant to section 1 (3) of article V
5 of the state constitution against this act or an item, section, or part of this
6 act within such period, then the act, item, section, or part will not take
7 effect unless approved by the people at the general election to be held in
8 November 2026 and, in such case, will take effect on the date of the
9 official declaration of the vote thereon by the governor.".
Senate Journal, March 7
After consideration on the merits, the Committee recommends that HB25-1093 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 2, strike lines 15 through 17 and substitute
"PERMITTED RESIDENTIAL DENSITY OR RESIDENTIAL USES OF LAND TO LESS
RESIDENTIAL DENSITY OR FEWER RESIDENTIAL USES THAN WERE ALLOWED BY
THE LAND'S USAGE AND ZONING AS OF JULY 1, 2025, WITHOUT ENSURING A
CORRESPONDING INCREASE OF RESIDENTIAL DENSITY OR RESIDENTIAL USES".
Business,
Labor, &
Technology
Senate Journal, March 14
HB25-1093 by Representative(s) Stewart R. and Barron; also Senator(s) Ball and Hinrichsen--
Concerning limitations on local land use policies that impose conditions that limit growth.
A majority of those elected to the Senate having voted in the affirmative, Senator
Hinrichsen was given permission to offer a third reading amendment.
Third Reading Amendment No. 1(L.008), by Senator Hinrichsen.
Amend revised bill page 3, line 11, strike "DEPARTMENT" and substitute
"DIVISION".
The amendment was passed on the following roll call vote:
YES 34 NO 0 EXCUSED 0 ABSENT 0 VACANT 1
Amabile Y Daugherty Y Kolker Y Roberts Y
Baisley Y District 17 V Liston Y Rodriguez Y
Ball Y Exum Y Lundeen Y Simpson Y
Bridges Y Frizell Y Marchman Y Snyder Y
Bright Y Gonzales J. Y Michaelson Y Sullivan Y
Carson Y Hinrichsen Y Mullica Y Weissman Y
Catlin Y Jodeh Y Pelton B. Y Winter F. Y
Cutter Y Kipp Y Pelton R. Y President Y
Danielson Y Kirkmeyer Y Rich Y
The question being "Shall the bill, as amended, pass?", the roll call was taken with the
following result:
YES 21 NO 13 EXCUSED 0 ABSENT 0 VACANT 1
Amabile Y Daugherty Y Kolker Y Roberts Y
Baisley N District 17 V Liston N Rodriguez Y
Ball Y Exum Y Lundeen N Simpson N
Bridges Y Frizell N Marchman Y Snyder N
Bright N Gonzales J. Y Michaelson Y Sullivan Y
Carson N Hinrichsen Y Mullica Y Weissman Y
Catlin N Jodeh Y Pelton B. N Winter F. Y
Cutter Y Kipp Y Pelton R. N President Y
Danielson Y Kirkmeyer N Rich N