Amendments for HB25-1169
House Journal, February 19
36 HB25-1169 be amended as follows, and as so amended, be referred to
37 the Committee of the Whole with favorable
38 recommendation:
39
40 Amend printed bill, page 5, line 26, after "REAL PROPERTY" insert "THAT
41 CONTAINS NO MORE THAN FIVE ACRES OF LAND AND".
42
43 Page 6, line 8, strike "GOVERNMENT." and substitute "GOVERNMENT THAT
44 HAD A POPULATION GREATER THAN TWO THOUSAND PEOPLE AS OF THE
45 LAST UNITED STATES CENSUS.".
46
47 Page 7, line 5, strike "OR".
48
49 Page 7, line 10, strike "DEVELOPERS." and substitute "DEVELOPERS; OR
50 (g) ENACTING OR APPLYING A LOCAL LAW CONCERNING A
402 51 SHORT-TERM RENTAL, AS THAT TERM IS DEFINED IN SECTION 29-35-
52 (19), OF A DWELLING UNIT ON A QUALIFYING PROPERTY.".
53
54
1 Page 7, strike line 14 and substitute "22-32-110 (1)(d), OR FROM USING
2 ANY OF THE PROCESSES DESCRIBED IN SECTION 22-32-124 REGARDING
3 BUILDINGS AND STRUCTURES.
4 (4) Prohibition on discrimination. A RESIDENTIAL DEVELOPMENT
5 CONSTRUCTED PURSUANT TO THIS SECTION IS CONSIDERED HOUSING FOR
6 A COMMERCIAL PURPOSE PURSUANT TO 42 U.S.C. SEC. 3607 ET SEQ. ANY
7 PERSON INVOLVED IN THE CONSTRUCTION OR MAINTENANCE OF A
8 RESIDENTIAL DEVELOPMENT PURSUANT TO THIS SECTION:
9 (a) MUST COMPLY WITH ALL FEDERAL AND STATE LAWS
10 REGARDING NONDISCRIMINATORY ACCESS TO HOUSING, INCLUDING THE
11 FEDERAL "FAIR HOUSING ACT", 42 U.S.C. SEC. 3601 ET SEQ.; THE
12 "AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC. 12101 ET
13 SEQ.; AND THE COLORADO ANTI-DISCRIMINATION ACT, PARTS 3 THROUGH
14 8 OF ARTICLE 34 OF TITLE 24; AND
15 (b) MAY BE SUBJECT TO A DISCRIMINATION COMPLAINT FILED WITH
16 THE COLORADO CIVIL RIGHTS DIVISION OR OTHER COURT.".
17
18 Page 9, line 7, strike "GROUND FLOOR AREA OF THE".
House Journal, March 5
24 Amendment No. 1, Transportation, Housing & Local Government Report,
25 dated February 19, 2025, and placed in member’s bill file; Report also
26 printed in House Journal, February 20, 2025.
27
28 Amendment No. 2, by Representative Boesenecker:
29
30 Amend the Transportation, Housing, & Local Government Committee
31 Report, dated February 19, 2025, page 1, line 1, strike "5," and substitute
32 "4, after line 3 insert:
33
34 "(e) COLORADO URGENTLY NEEDS MORE HOUSING TO MEET THE
35 NEEDS OF A GROWING STATEWIDE POPULATION AND ADDRESS ISSUES
36 DIRECTLY RELATED TO HOUSING, SUCH AS TRANSIT, COMMUTING, THE
37 WORKFORCE, AND THE ENVIRONMENT. PROVIDING OPPORTUNITIES TO
38 CONSTRUCT RESIDENTIAL DEVELOPMENTS ON UNDERUTILIZED LAND IS A
39 MATTER OF MIXED STATEWIDE AND LOCAL CONCERN.".
40
41 Reletter succeeding paragraphs accordingly.
42
43 Page 4 of the printed bill, line 9, strike "25-____," and substitute
44 "25-1169,".
45
46 Page 5,".
47
48 Page 1 of the committee report, strike line 6 and substitute:
49
50 "Page 6 of the bill, lines 14 and 15, strike "SECTION 29-35-504." and
51 substitute "SECTIONS 29-35-504 AND 29-35-505."
52
53 Page 6 of the bill, line 18, strike "ENFORCING" and substitute "APPLYING
54 AND ENFORCING".
55
56 Page 6 of the bill, after line 22 insert:
1 "(c) APPLYING AND ENFORCING REGULATIONS RELATED TO HUMAN
2 AND ENVIRONMENTAL HEALTH AND SAFETY, INCLUDING OIL AND GAS
3 SETBACKS, FLOODPLAIN REGULATIONS, AND AIRPORT INFLUENCE AREAS;".
4
5 Reletter succeeding paragraphs accordingly.
6
7 Page 7 of the bill, line 3, strike "ENFORCING OR ADOPTING" and substitute
8 "APPLYING AND ENFORCING".
9
10 Page 7 of the bill, strike lines 4 and 5 and substitute "DEED RESTRICTIONS,
11 COMMUNITY BENEFIT AGREEMENTS, DEVELOPMENT AGREEMENTS, OR
12 OTHER AFFORDABLE HOUSING POLICIES OR STANDARDS;".".
13
14 Amendment No. 3, by Representative Boesenecker:
15
16 Amend the Transportation, Housing, & Local Government Committee
17 Report, dated February 19, 2025, page 1, after line 10 insert:
18
19 "Page 7 of the printed bill, before line 11 insert:
20
21 "(3) Changes to tax exempt status. NOTWITHSTANDING
22 MISSION-DEFINED ACTIVITIES CONDUCTED UPON QUALIFYING PROPERTIES,
23 PERMITTED ACTIVITIES OUTLINED IN THIS SECTION ARE NOT
24 AUTOMATICALLY EXEMPT FROM TAXATION AT THE LOCAL, STATE, OR
25 FEDERAL LEVEL.".
26
27 Renumber succeeding subsection accordingly.".
28
29 Page 2 of the committee report, before line 3 insert:
30
31 "Page 7 of the bill, strike lines 24 through 27 and substitute
32 "HEIGHT-RELATED STANDARDS:
33 (I) OF THE ZONING DISTRICT IN WHICH THE RESIDENTIAL
34 DEVELOPMENT WILL BE BUILT; OR
35 (II) THAT APPLY TO ANY PARCEL THAT IS CONTIGUOUS TO THE".
36
37 Page 8 of the bill, line 17, strike "OR".
38
39 Page 8 of the bill, strike line 19 and substitute "REQUIREMENTS; OR
40 (VI) MINIMUM DWELLING UNITS PER ACRE.".".
41
42 Amendment No. 4, by Representative Boesenecker:
43
44 Amend the Transportation, Housing, and Local Government Committee
45 Report, dated February 19, 2025, page 2, after line 2 insert:
46
47 "Page 7 of the printed bill, before line 15 insert:
48 "29-35-504. Affordability requirements for qualifying
49 properties. (1) A SUBJECT JURISDICTION SHALL NOT ALLOW A
50 RESIDENTIAL DEVELOPMENT CONTAINING RENTED DWELLING UNITS TO BE
51 CONSTRUCTED ON A QUALIFYING PROPERTY UNLESS THE RESIDENTIAL
52 DEVELOPMENT COMPLIES WITH THE FOLLOWING REQUIREMENTS:
53
1 (a) IF THE SUBJECT JURISDICTION HAS ADOPTED AN INCLUSIONARY
2 ZONING ORDINANCE OR OTHER AFFORDABLE HOUSING POLICY THAT
3 APPLIES TO THE QUALIFYING PROPERTY, THE RESIDENTIAL DEVELOPMENT
4 MUST COMPLY WITH THE INCLUSIONARY ZONING ORDINANCE OR OTHER
5 AFFORDABLE HOUSING POLICY;
6 (b) IF THE SUBJECT JURISDICTION HAS NOT ADOPTED AN
7 INCLUSIONARY ZONING ORDINANCE OR OTHER AFFORDABLE HOUSING
8 POLICY THAT APPLIES TO THE QUALIFYING PROPERTY AND THE MARKET
9 RATE RENT IN THE SUBJECT JURISDICTION, AS CALCULATED BY A
10 RECOGNIZED AND PUBLICLY AVAILABLE HOUSING INDUSTRY RESOURCE, IS
11 AT OR BELOW ONE HUNDRED TWENTY PERCENT OF THE MONTHLY AREA
12 MEDIAN INCOME AS ESTABLISHED ANNUALLY BY THE UNITED STATES
13 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE COUNTY IN
14 WHICH THE QUALIFYING PROPERTY IS LOCATED, THE RESIDENTIAL
15 DEVELOPMENT MUST ALIGN WITH THE SUBJECT JURISDICTION'S
16 DEMONSTRATED HOUSING NEEDS AS DETERMINED IN A HOUSING NEEDS
17 ASSESSMENT PUBLISHED IN ACCORDANCE WITH SECTION 24-32-3703 OR
18 24-32-3704; OR
19 (c) IF THE SUBJECT JURISDICTION HAS NOT ADOPTED AN
20 INCLUSIONARY ZONING ORDINANCE OR OTHER AFFORDABLE HOUSING
21 POLICY THAT APPLIES TO THE QUALIFYING PROPERTY AND THE MARKET
22 RATE RENT IN THE SUBJECT JURISDICTION, AS CALCULATED BY A
23 RECOGNIZED AND PUBLICLY AVAILABLE HOUSING INDUSTRY RESOURCE,
24 IS ABOVE ONE HUNDRED TWENTY PERCENT OF THE MONTHLY AREA
25 MEDIAN INCOME AS ESTABLISHED ANNUALLY BY THE UNITED STATES
26 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE COUNTY IN
27 WHICH THE QUALIFYING PROPERTY IS LOCATED, THEN AT LEAST TWENTY
28 PERCENT OF THE DWELLING UNITS RENTED IN THE RESIDENTIAL
29 DEVELOPMENT MUST HAVE A DESIGNATED IMPUTED INCOME LIMIT BY
30 HOUSEHOLD SIZE THAT DOES NOT EXCEED EIGHTY PERCENT OF THE AREA
31 MEDIAN INCOME.".".
32
33 Amendment No. 5, by Representative Boesenecker:
34
35 Amend the Boesenecker floor amendment (HB1169_L.015), page 1, line
36 39, strike "INCOME."."." and substitute "INCOME.
37 (2) A SUBJECT JURISDICTION SHALL NOT ALLOW A RESIDENTIAL
38 DEVELOPMENT CONTAINING DWELLING UNITS THAT WILL BE SOLD TO BE
39 CONSTRUCTED ON A QUALIFYING PROPERTY UNLESS THE RESIDENTIAL
40 DEVELOPMENT COMPLIES WITH THE FOLLOWING REQUIREMENTS:
41 (a) IF THE SUBJECT JURISDICTION HAS ADOPTED AN INCLUSIONARY
42 ZONING ORDINANCE OR OTHER AFFORDABLE HOUSING POLICY THAT
43 APPLIES TO THE QUALIFYING PROPERTY, THE RESIDENTIAL DEVELOPMENT
44 MUST COMPLY WITH THE INCLUSIONARY ZONING ORDINANCE OR OTHER
45 AFFORDABLE HOUSING POLICY; AND
46 (b) IF THE SUBJECT JURISDICTION HAS NOT ADOPTED AN
47 INCLUSIONARY ZONING ORDINANCE OR OTHER AFFORDABLE HOUSING
48 POLICY THAT APPLIES TO THE QUALIFYING PROPERTY, THEN AT LEAST
49 TWENTY PERCENT OF THE DWELLING UNITS SOLD IN THE RESIDENTIAL
50 DEVELOPMENT MUST HAVE A DESIGNATED IMPUTED INCOME LIMIT BY
51 HOUSEHOLD SIZE THAT DOES NOT EXCEED ONE HUNDRED FORTY PERCENT
52 OF THE AREA MEDIAN INCOME.
53 (3) (a) IF A RESIDENTIAL DEVELOPMENT MUST COMPLY WITH
54 AFFORDABILITY REQUIREMENTS PURSUANT TO THE SUBJECT
55 JURISDICTION'S DEMONSTRATED HOUSING NEEDS IN ACCORDANCE WITH
1 SUBSECTION (1)(b)(I) OF THIS SECTION, OR IF A RESIDENTIAL
2 DEVELOPMENT MUST COMPLY WITH AFFORDABILITY REQUIREMENTS
3 PURSUANT TO SUBSECTION (1)(b)(II) OF THIS SECTION, THE
4 AFFORDABILITY REQUIREMENTS MUST BE IMPOSED BY ONE OF THE
5 FOLLOWING INSTRUMENTS, WHICH MUST REQUIRE THAT THE SUBJECT
6 JURISDICTION HAS THE RIGHT TO REQUIRE SPECIFIC PERFORMANCE:
7 (I) A DEED RESTRICTION LASTING FOR AT LEAST FORTY YEARS; OR
8 (II) A COVENANT THAT RUNS WITH THE LAND FOR AT LEAST FORTY
9 YEARS.
10 (b) THE AFFORDABILITY REQUIREMENTS DESCRIBED IN SUBSECTION
11 (2)(b) OF THIS SECTION MUST BE IMPOSED BY ONE OF THE FOLLOWING
12 INSTRUMENTS, WHICH MUST REQUIRE THAT THE SUBJECT JURISDICTION
13 HAS THE RIGHT TO REQUIRE SPECIFIC PERFORMANCE:
14 (I) A DEED RESTRICTION LASTING FOR AT LEAST THIRTY YEARS; OR
15 (II) A COVENANT THAT RUNS WITH THE LAND FOR AT LEAST
16 THIRTY YEARS.".
17
18 Renumber succeeding C.R.S. sections accordingly.".".
19
20 As amended, ordered engrossed and placed on the Calendar for Third
21 Reading and Final Passage.
22
Senate Journal, March 28
After consideration on the merits, the Committee recommends that HB25-1169 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 5, line 15, strike "77;" and substitute "77 or 49
U.S.C. chapter 471;".
Page 5, line 20, strike "OR".
Page 5, line 21, strike "EASEMENT." and substitute "EASEMENT;
(e) A PARCEL LOCATED WITHIN AN AIRPORT INFLUENCE AREA WHERE
THE LOCAL ZONING PROHIBITS RESIDENTIAL LAND USES; OR
(f) A HISTORIC PROPERTY THAT IS LOCATED OUTSIDE OF A HISTORIC
DISTRICT.".
Page 6, after line 4 insert:
"(4) "HISTORIC DISTRICT" HAS THE SAME MEANING AS SET FORTH IN
SECTION 29-35-402 (10).
(5) "HISTORIC PROPERTY" HAS THE SAME MEANING AS SET FORTH IN
SECTION 29-35-402 (11).".
Renumber succeeding subsections accordingly.
Page 7, line 14, strike "ITS" and substitute "THE PROVIDER'S".
Page 7, line 23, strike "29-35-504 (1)," and substitute "29-35-505 (1),".
Page 7, strike line 25.
Page 8, line 1, strike "PROPERTY." and substitute "PROPERTY;
(i) EXERCISING THE SUBJECT JURISDICTION'S RIGHT OF FIRST REFUSAL
IN ACCORDANCE WITH SECTION 29-4-1202; OR
(j) APPLYING THE DESIGN STANDARDS AND PROCEDURES OF A HISTORIC
DISTRICT TO A QUALIFYING PROPERTY THAT IS LOCATED IN A HISTORIC DISTRICT,
INCLUDING A STANDARD OR PROCEDURE RELATED TO DEMOLITION.".
Page 8, line 15, strike "CONSTRUCTION OR MAINTENANCE" and substitute
"CONSTRUCTION, MANAGEMENT, AND OPERATION".
Page 9, line 2, after "WITH" insert "ONE OF".
Page 10, line 10, after "WITH" insert "ONE OF".
Page 10, line 15, strike "AND" and substitute "OR".
Page 10, line 19, strike "TWENTY" and substitute "THIRTY".
Page 10, strike line 22 and substitute "OF THE STATEWIDE AREA MEDIAN INCOME
AS ESTABLISHED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT.".
Page 10, line 26, strike "(1)(b)(I)" and substitute "(1)(b)".
Page 11, line 1, strike "(1)(b)(II)" and substitute "(1)(c)".
Page 11, line 5, strike "OR".
Page 11, strike line 7 and substitute "YEARS; OR
(III) A LAND LEASE LASTING FOR AT LEAST FORTY YEARS.".
Page 11, line 12, strike "OR".
Page 11, line 14, strike "YEARS." and substitute "YEARS; OR
(III) A LAND LEASE LASTING FOR AT LEAST THIRTY YEARS.".
Strike "PERFORMANCE" and substitute "PERFORMANCE AND MUST BE RECORDED
IN THE PUBLIC RECORDS IN THE COUNTY IN WHICH THE RESIDENTIAL
DEVELOPMENT IS LOCATED" on: Page 11, lines 4 and 11.