Amendments for SB24-174
Senate Journal, April 10
After consideration on the merits, the Committee recommends that SB24-174 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 5, after line 5 insert:
"(1) "ACCESSIBLE HOUSING" OR "ACCESSIBLE UNIT" MEANS HOUSING
THAT SATISFIES THE REQUIREMENTS OF THE FEDERAL "FAIR HOUSING ACT", 42
U.S.C. SEC. 3601 ET SEQ., AS AMENDED, AND INCORPORATES UNIVERSAL
DESIGN.".
Renumber succeeding subsections accordingly.
Page 5, strike lines 9 through 22 and substitute:
"(4) "DISPLACEMENT" MEANS:
(a) THE INVOLUNTARY RELOCATION OF RESIDENTS, PARTICULARLY
LOW-INCOME RESIDENTS, OR LOCALLY OWNED COMMUNITY SERVING
BUSINESSES AND INSTITUTIONS DUE TO:
(I) INCREASED REAL ESTATE PRICES OR RENTS, PROPERTY
REHABILITATION, REDEVELOPMENT, DEMOLITION, OR OTHER ECONOMIC
FACTORS;
(II) PHYSICAL CONDITIONS RESULTING FROM NEGLECT AND
UNDERINVESTMENT THAT RENDER A RESIDENCE UNINHABITABLE; OR
(III) PHYSICAL DISPLACEMENT WHEREIN EXISTING HOUSING UNITS AND
COMMERCIAL SPACES ARE LOST DUE TO PROPERTY REHABILITATION,
REDEVELOPMENT, OR DEMOLITION; OR
(b) INDIRECT DISPLACEMENT RESULTING FROM CHANGES IN
NEIGHBORHOOD POPULATION, IF, WHEN LOW-INCOME HOUSEHOLDS MOVE OUT
OF HOUSING UNITS, THOSE SAME HOUSING UNITS DO NOT REMAIN AFFORDABLE
TO OTHER LOW-INCOME HOUSEHOLDS IN THE NEIGHBORHOOD, OR DEMOGRAPHIC
CHANGES THAT REFLECT THE RELOCATION OF EXISTING RESIDENTS FOLLOWING
WIDESPREAD RELOCATION OF THEIR COMMUNITY AND COMMUNITY SERVING
ENTITIES.".
Page 5, strike lines 26 and 27.
Renumber succeeding subsections accordingly.
Page 6, strike lines 5 through 10.
Renumber succeeding subsections accordingly.
Page 6, strike lines 20 through 27.
Page 7, strike lines 1 through 4.
Renumber succeeding subsections accordingly.
Page 7, line 14, after "WATER," insert "SOCIAL SERVICES,".
Page 7, line 19, strike "PATTERNS" and substitute "PATTERNS,".
Page 7, strike lines 25 through 27 and substitute:
"(14) "REGULATED AFFORDABLE HOUSING" MEANS AFFORDABLE
HOUSING THAT:
(a) HAS RECEIVED LOANS, GRANTS, EQUITY, BONDS, OR TAX CREDITS
FROM ANY SOURCE TO SUPPORT THE CREATION, PRESERVATION, OR
REHABILITATION OF AFFORDABLE HOUSING THAT, AS A CONDITION OF FUNDING,
ENCUMBERS THE PROPERTY WITH A RESTRICTED USE COVENANT OR SIMILAR
RECORDED AGREEMENT TO ENSURE AFFORDABILITY, OR HAS BEEN
INCOME-RESTRICTED UNDER A LOCAL INCLUSIONARY ZONING ORDINANCE OR
OTHER REGULATION OR PROGRAM;
(b) RESTRICTS OR LIMITS MAXIMUM RENTAL OR SALE PRICE FOR
HOUSEHOLDS OF A GIVEN SIZE AT A GIVEN AREA MEDIAN INCOME, AS
ESTABLISHED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT; AND
(c) ENSURES OCCUPANCY BY LOW- TO MODERATE-INCOME HOUSEHOLDS
FOR A SPECIFIED PERIOD DETAILED IN A RESTRICTIVE USE COVENANT OR SIMILAR
RECORDED AGREEMENT.".
Page 8, strike lines 1 through 3.
Page 8, after line 5 insert:
"(16) "SUPPORTIVE HOUSING" OR "SUPPORTIVE UNIT" MEANS A
COMBINATION OF HOUSING AND SERVICES INTENDED AS A COST-EFFECTIVE WAY
TO HELP PEOPLE LIVE MORE STABLE, PRODUCTIVE LIVES, AND TYPICALLY
COMBINES AFFORDABLE HOUSING WITH INTENSIVE COORDINATED SERVICES TO
HELP PEOPLE MAINTAIN STABLE HOUSING AND RECEIVE APPROPRIATE HEALTH
CARE.
(17) "UNIVERSAL DESIGN" MEANS ANY DWELLING UNIT DESIGNED AND
CONSTRUCTED TO BE SAFE AND ACCESSIBLE FOR ANY INDIVIDUAL REGARDLESS
OF AGE OR ABILITIES.
(18) "VISITABLE HOUSING" OR "VISITABLE UNIT" MEANS A DWELLING
UNIT THAT A PERSON WITH A DISABILITY CAN ENTER, MOVE AROUND THE
PRIMARY ENTRANCE FLOOR OF, AND USE THE BATHROOM IN.".
Page 8, line 16, strike "COST-EFFECTIVE AND".
Page 8, line 21, after "HOMELESSNESS" insert "RESOLUTION AND".
Page 8, line 21, after "RIGHTS," insert "EXPERTS WITH DEMONSTRATED
EXPERIENCE IN CONDUCTING HIGH-QUALITY HOUSING NEEDS ASSESSMENTS AND
ENGAGEMENT OF UNDERREPRESENTED COMMUNITIES,".
Page 9, line 7, after "INCLUDING" insert "ACCESSIBLE, VISITABLE,".
Page 9, strike lines 12 through 14 and substitute:
"(c) THE METHODOLOGY FOR CONDUCTING A REGIONAL HOUSING NEEDS
ASSESSMENT MUST INCLUDE METHODS FOR A REGIONAL ENTITY TO:".
Page 10, strike lines 2 and 3 and substitute "ON THE NUMBER OF JOBS AND EACH
LOCAL GOVERNMENT'S DEPENDENCE ON JOBS IN THE REGION, AMONG OTHER
FACTORS, TO PROMOTE A BALANCE OF JOBS AT ALL SALARY LEVELS AND HOMES
AFFORDABLE TO PERSONS IN THE REGION HOLDING JOBS AT ALL INCOME
LEVELS".
Page 10, line 14, after "METHODS" insert "AND ACCEPTABLE PUBLICLY
AVAILABLE DATA SOURCES".
Page 10, line 20, after "ACCESSIBLE UNITS," insert "VISITABLE UNITS,".
Page 11, strike lines 2 through 4, and substitute "JOBS AND EACH LOCAL
GOVERNMENT'S DEPENDENCE ON JOBS IN THE REGION, AMONG OTHER FACTORS,
TO PROMOTE A BALANCE OF JOBS AT ALL SALARY LEVELS AND HOMES
AFFORDABLE TO PERSONS IN THE REGION HOLDING JOBS AT ALL INCOME
LEVELS;".
Page 11, line 10, strike "FOR-SALE MULTIFAMILY RESIDENTIAL".
Page 11, after line 11 insert:
"(e) THE METHODOLOGIES FOR REGIONAL AND LOCAL HOUSING NEEDS
ASSESSMENTS SHOULD INCLUDE GUIDANCE REGARDING HOUSING ACTION PLANS
CREATED PURSUANT TO SECTION 24-32-3705, INCLUDING THE INCLUSION OF
RECOMMENDATIONS FOR HOUSING ACTION PLANS IN HOUSING NEEDS
ASSESSMENTS AND THE SEQUENCING OF HOUSING NEEDS ASSESSMENTS AND
HOUSING ACTION PLANS.".
Page 11, line 12, strike "A".
Page 11, line 13, after "FOLLOWING" insert "BASELINE".
Page 12, strike lines 7 through 27, and substitute "DEVELOP GUIDANCE FOR
REGIONS AND LOCAL GOVERNMENTS TO CONDUCT A DISPLACEMENT RISK
ASSESSMENT. IN DEVELOPING THE GUIDANCE, THE DEPARTMENT SHALL INCLUDE
METHODS, WITH VARIATIONS FOR DIFFERENT LOCAL CONTEXTS INCLUDING THE
SIZE AND RESOURCE LEVELS OF LOCAL GOVERNMENTS, FOR LOCAL
GOVERNMENTS TO USE TO:
(a) GATHER FEEDBACK THROUGH COMMUNITY ENGAGEMENT; AND
(b) IDENTIFY INFORMATION FROM NEIGHBORHOOD-LEVEL EARLY
DISPLACEMENT WARNING AND RESPONSE SYSTEMS OR, IF THOSE SYSTEMS ARE
UNAVAILABLE, IDENTIFY THE BEST AVAILABLE LOCAL, REGIONAL, STATE, OR
FEDERAL DATA THAT CAN BE ANALYZED TO IDENTIFY RESIDENTS AT ELEVATED
DISPLACEMENT RISK, WHICH MAY INCLUDE:
(I) THE PERCENTAGE OF HOUSEHOLDS THAT ARE EXTREMELY LOW-,
VERY LOW-, AND LOW-INCOME, AS DESIGNATED BY THE UNITED STATES
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT;
(II) THE PERCENTAGE OF RESIDENTS WHO ARE RENTERS;
(III) THE PERCENTAGE OF COST-BURDENED HOUSEHOLDS, DEFINED AS
HOUSEHOLDS THAT SPEND MORE THAN THIRTY PERCENT OF THE HOUSEHOLD'S
INCOME ON HOUSING NEEDS;
(IV) THE NUMBER OF ADULTS WHO ARE TWENTY-FIVE YEARS OF AGE OR
OLDER AND HAVE NOT EARNED AT LEAST A HIGH SCHOOL DIPLOMA;
(V) THE PERCENTAGE OF HOUSEHOLDS IN WHICH ENGLISH IS NOT THE
PRIMARY SPOKEN LANGUAGE; AND
(VI) THE PERCENTAGE OF HOUSING STOCK BUILT PRIOR TO 1970;
(c) IDENTIFY THE LOCATION OF MANUFACTURED HOME PARKS; AND
(d) IDENTIFY AREAS THAT QUALIFY AS DISADVANTAGED AS
DETERMINED WITH THE CLIMATE AND ECONOMIC JUSTICE SCREENING TOOL
DEVELOPED BY".
Relettter succeeding paragraph accordingly.
Page 13, strike lines 5 through 10.
Renumber succeeding subsection accordingly.
Page 13, line 11, after "METHODOLOGY" insert "OR GUIDANCE".
Page 13, line 14, strike "STATE LAW." and substitute "FEDERAL OR STATE LAW
OR REGULATION.".
Page 13, lines 17 and 18, strike "THAT HAS A POPULATION OF ONE THOUSAND
OR MORE".
Page 13, line 23, after "BY" insert "OR ON BEHALF OF".
Page 13, line 24, strike "2023," and substitute "2022,".
Page 13, strike lines 26 and 27 and substitute: "LOCAL GOVERNMENT SUBMITS
THE ASSESSMENT TO THE DEPARTMENT NO LATER THAN DECEMBER 31, 2024,
AND THE DEPARTMENT DETERMINES THAT THE MOST RECENT VERSION OF THE
ASSESSMENT CONFORMS TO THE METHODOLOGY FOR CONDUCTING A REGIONAL
HOUSING NEEDS ASSESSMENT OR LOCAL HOUSING NEEDS ASSESSMENT
PURSUANT TO SECTION 24-32-3702. THE DEPARTMENT SHALL REVIEW A
HOUSING NEEDS ASSESSMENT AND MAKE SUCH A DETERMINATION WITHIN
NINETY DAYS OF A LOCAL GOVERNMENT SUBMITTING THE HOUSING NEEDS
ASSESSMENT TO THE DEPARTMENT.".
Page 14, strike lines 1 and 2.
Page 14, line 4, strike "WITH A POPULATION OF ONE THOUSAND OR MORE".
Page 14, line 5, after "ASSESSMENT" insert "NO LESS OFTEN THAN".
Page 14, line 14, after "DEPARTMENT." insert "THE DEPARTMENT SHALL NOT
ACCEPT A HOUSING NEEDS ASSESSMENT FROM A LOCAL GOVERNMENT THAT
DOES NOT INCLUDE THE ELEMENTS LISTED IN SECTION 24-32-3702 (1)(d)(I)
THROUGH (VI) AND DEMONSTRATE CONSIDERATION OF THE BASELINE
COMPONENTS LISTED IN SECTION 24-32-3702 (2). THE DEPARTMENT SHALL
NOTIFY A LOCAL GOVERNMENT IF IT DOES NOT ACCEPT AN ASSESSMENT.".
Page 14, lines 19 and 20, strike "HAS A POPULATION OF LESS THAN FIVE
THOUSAND AND".
Page 14, line 22, after "UPDATED" insert "NO OFTEN THAN".
Page 15, line 10, after "ASSESSMENT" insert "THAT CONFORMS TO THE
METHODOLOGY FOR CONDUCTING REGIONAL HOUSING NEEDS ASSESSMENTS
DEVELOPED BY THE DIRECTOR PURSUANT TO SECTION 24-32-3702 (1)(c)".
Page 15, line 24, after "DEPARTMENT." insert "THE DEPARTMENT SHALL NOT
ACCEPT A HOUSING NEEDS ASSESSMENT FROM A REGIONAL ENTITY THAT DOES
NOT INCLUDE THE ELEMENTS LISTED IN SECTION 24-32-3702 (1)(c)(I) THROUGH
(VI) AND DEMONSTRATE CONSIDERATION OF THE BASELINE COMPONENTS
LISTED IN SECTION 24-32-3702 (2). THE DEPARTMENT SHALL NOTIFY A
REGIONAL ENTITY IF IT DOES NOT ACCEPT AN ASSESSMENT.".
Page 16, line 2, strike "ONE THOUSAND OR MORE" and substitute "FIVE
THOUSAND OR MORE OR THAT HAS A POPULATION OF ONE THOUSAND OR MORE
AND PARTICIPATED IN A REGIONAL HOUSING NEEDS ASSESSMENT PURSUANT TO
SECTION 24-32-3704".
Page 16, strike line 5 and substitute "PLAN MUST BE RESPONSIVE TO AN
ACCEPTED HOUSING NEEDS ASSESSMENT AND DEMONSTRATE THE LOCAL".
Page 16, line 14, strike "DISPLACEMENT." and substitute "DISPLACEMENT AND
CONSIDERATION FOR PARTICIPATION BY PERSONS UNABLE TO ATTEND MEETINGS
IN PERSON OR AT THE LOCAL GOVERNMENT'S REGULAR MEETING TIMES.".
Page 16, line 22, strike "FOLLOWING:" and substitute "FOLLOWING BASELINE
COMPONENTS:".
Page 17, line 1, strike "FIVE" and substitute "SIX".
Page 17, line 19, after "PROMOTING" insert "THE PRODUCTION AND
PRESERVATION OF".
Page 17, line 19, strike "DEVELOPMENT," and substitute "DEVELOPMENT AND
REGULATED AFFORDABLE HOUSING,".
Page 17, strike lines 20 through 22, and substitute "TWO STRATEGIES INCLUDED
IN THE STANDARD AFFORDABILITY STRATEGIES DIRECTORY DESCRIBED IN
SECTION 24-32-3706 (1) AND ONE STRATEGY INCLUDED IN THE LONG-TERM
AFFORDABILITY STRATEGIES DIRECTORY DESCRIBED IN SECTION 24-32-3706 (2)
THAT ARE SELECTED TO ADDRESS THE DEMONSTRATED HOUSING NEEDS".
Page 17, strike line 24 and substitute "JURISDICTION OR, IF THE LOCAL
GOVERNMENT PARTICIPATED IN A REGIONAL HOUSING NEEDS ASSESSMENT, THE
DEMONSTRATED HOUSING NEEDS OF THE APPLICABLE REGION AND ANY
REGIONAL HOUSING NEEDS ALLOCATED TO THE LOCAL GOVERNMENT;".
Page 17, line 25, after "AREA" insert "OR COMMUNITY".
Page 17, line 27, strike "AREA," and substitute "AREA OR COMMUNITY,".
Page 18, strike lines 2 and 3, and substitute "MITIGATION STRATEGY INCLUDED
IN THE DISPLACEMENT RISK MITIGATION STRATEGIES DIRECTORY DESCRIBED IN
SECTION 24-32-3706 (4) THAT THE".
Page 18, line 8, strike "(3)(d)" and substitute "(3)(e)".
Page 18, line 16, strike "AND".
Page 18, after line 16 insert:
"(j) A NARRATIVE DESCRIPTION OF THE PUBLIC OUTREACH AND
ENGAGEMENT PROCESS FOR THE HOUSING ACTION PLAN; AND".
Reletter succeeding paragraph.
Page 18, line 26, after "GOVERNMENT." insert "THE DEPARTMENT SHALL NOT
ACCEPT A HOUSING ACTION PLAN THAT DOES NOT INCLUDE THE COMPONENTS
REQUIRED BY SECTION 24-32-3705 (3). THE DEPARTMENT SHALL NOTIFY A
LOCAL GOVERNMENT IF IT DOES NOT ACCEPT A HOUSING ACTION PLAN.".
Page 19, line 13, strike "PLAN." and insert "PLAN OR THE MOST RECENT
UPDATED HOUSING ACTION PLAN. THE DEPARTMENT SHALL NOT ACCEPT SUCH
A PROGRESS REPORT, IF THE REPORT DOES NOT DEMONSTRATE THAT THE LOCAL
GOVERNMENT ADOPTED THE STRATEGIES AND CHANGES TO LOCAL LAWS
IDENTIFIED IN THE HOUSING ACTION PLAN OR THE MOST RECENT UPDATED
HOUSING ACTION PLAN, UNLESS THE DEPARTMENT DETERMINES THAT THE
LOCAL GOVERNMENT HAS BOTH MADE A GOOD FAITH EFFORT TO ADOPT THESES
STRATEGIES OR CHANGES TO LOCAL LAW AND HAS PROVIDED THE DEPARTMENT
WITH A PLAN FOR THE ADOPTION OF ALTERNATIVE STRATEGIES OR CHANGES TO
LOCAL LAWS IN ACCORDANCE WITH THIS SECTION.".
Page 19, line 18, after "SECTION." insert "THE DEPARTMENT SHALL NOT ACCEPT
ANY UPDATE THAT WOULD RESULT IN A HOUSING ACTION PLAN THAT DOES NOT
INCLUDE THE COMPONENTS REQUIRED BY SECTION 24-32-3705 (3). THE
DEPARTMENT SHALL NOTIFY THE LOCAL GOVERNMENT IF IT DOES NOT ACCEPT
AN UPDATE.".
Page 19, strike lines 23 through 27, and substitute "displacement impact
mitigation. (1) NO LATER THAN JUNE 30, 2025, THE DEPARTMENT SHALL
DEVELOP A STANDARD AFFORDABILITY STRATEGIES DIRECTORY THAT INCLUDES
THE FOLLOWING STRATEGIES:
(a) IMPLEMENTING A LOCAL INCLUSIONARY ZONING ORDINANCE THAT
CONSIDERS LOCAL HOUSING MARKET CONDITIONS THAT IS CRAFTED TO
MAXIMIZE AFFORDABLE HOUSING PRODUCTION AND COMPLIES WITH THE
REQUIREMENTS OF SECTION 29-20-104 (1)(e.5) AND (1)(e.7);
(b) ADOPTING A LOCAL LAW OR PLAN TO LEVERAGE PUBLICLY OWNED,
SOLD, OR MANAGED LAND FOR REGULATED AFFORDABLE HOUSING
DEVELOPMENT;
(c) CREATING OR EXPANDING A PROGRAM TO SUBSIDIZE OR OTHERWISE
REDUCE IMPACT FEES OR OTHER SIMILAR DEVELOPMENT CHARGES FOR
REGULATED AFFORDABLE HOUSING DEVELOPMENT;
(d) ESTABLISHING A DENSITY BONUS PROGRAM THAT GRANTS
INCREASED FLOOR AREA RATIO, DENSITY, OR HEIGHT OF REGULATED
AFFORDABLE HOUSING UNITS;
(e) CREATING A PROGRAM TO PRIORITIZE AND EXPEDITE DEVELOPMENT
APPROVALS FOR REGULATED AFFORDABLE HOUSING DEVELOPMENT;
(f) UNLESS OTHERWISE REQUIRED BY LAW, REDUCING LOCAL PARKING
REQUIREMENTS FOR REGULATED AFFORDABLE HOUSING TO ONE-HALF SPACE PER
UNIT OF REGULATED AFFORDABLE HOUSING WITHOUT LOWERING THE
PROTECTIONS PROVIDED FOR INDIVIDUALS WITH DISABILITIES, INCLUDING THE
NUMBER OF PARKING SPACES FOR INDIVIDUALS WHO ARE MOBILITY IMPAIRED,
UNDER THE FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C.
SEC. 12101 ET SEQ., AND PARTS 6 AND 8 OF ARTICLE 34 OF TITLE 24;
(g) ENACTING LOCAL LAWS THAT INCENTIVIZE THE CONSTRUCTION OF
ACCESSIBLE AND VISITABLE AFFORDABLE HOUSING UNITS; AND
(h) ANY OTHER STRATEGY DESIGNATED BY THE DEPARTMENT THAT
OFFERS A COMPARABLE IMPACT ON LOCAL HOUSING AFFORDABILITY.
(2) ON OR BEFORE JUNE 30, 2025, THE DEPARTMENT SHALL DEVELOP A
LONG-TERM AFFORDABILITY STRATEGIES DIRECTORY THAT INCLUDES THE
FOLLOWING STRATEGIES:
(a) ESTABLISHING A DEDICATED LOCAL REVENUE SOURCE FOR
REGULATED AFFORDABLE HOUSING DEVELOPMENT, SUCH AS INSTITUTING A
LINKAGE FEE ON NEW, REGULATED AFFORDABLE HOUSING DEVELOPMENTS;
(b) REGULATING SHORT-TERM RENTALS, SECOND HOMES, OR OTHER
UNDERUTILIZED OR VACANT UNITS IN A WAY, SUCH AS VACANCY FEES FOR
UNDERUTILIZED UNITS, THAT PROMOTES MAXIMIZING THE USE OF LOCAL
HOUSING STOCK FOR LOCAL HOUSING NEEDS;
(c) MAKING A COMMITMENT TO AND REMAINING ELIGIBLE TO RECEIVE
FUNDING PURSUANT TO ARTICLE 32 OF THIS TITLE 29;
(d) INCENTIVIZING OR CREATING A DEDICATED LOCAL PROGRAM THAT
FACILITATES INVESTMENT IN LAND BANKING OR COMMUNITY LAND TRUSTS;
(e) ESTABLISHING AN AFFORDABLE HOMEOWNERSHIP STRATEGY SUCH
AS:
(I) ACQUIRING OR PRESERVING DEED RESTRICTIONS ON CURRENT
HOUSING UNITS;
(II) ESTABLISHING AN INCENTIVE PROGRAM TO ENCOURAGE REALTORS
TO WORK WITH LOW-INCOME AND MINORITY PROSPECTIVE HOME BUYERS; OR
(III) ESTABLISHING AN AFFORDABLE RENT-TO-OWN PROGRAM; AND
(f) ANY OTHER STRATEGY DESIGNATED BY THE DEPARTMENT THAT
OFFERS A COMPARABLE IMPACT ON LOCAL HOUSING AFFORDABILITY.
(3) A LOCAL GOVERNMENT MAY SUBMIT AN EXISTING OR PROPOSED
LOCAL LAW, IN A FORM AND MANNER DETERMINED BY THE DEPARTMENT, TO
THE DEPARTMENT, AND THE DEPARTMENT MAY DETERMINE THAT THE ADOPTION
OF THAT LOCAL LAW QUALIFIES AS AN AFFORDABILITY STRATEGY FOR PURPOSES
OF THIS SECTION, SO LONG AS THE LOCAL LAW SUPPORTS EQUAL OR GREATER
HOUSING AFFORDABILITY AND ACCESSIBILITY THAN THE STRATEGIES DESCRIBED
IN SUBSECTIONS (1) AND (2) OF THIS SECTION.
(4) NO LATER THAN JUNE 30, 2025, THE DEPARTMENT SHALL DEVELOP
A DISPLACEMENT RISK MITIGATION STRATEGIES DIRECTORY. THE DIRECTORY
MUST INCLUDE THE FOLLOWING STRATEGIES:
(a) CREATING A LOCALLY FUNDED AND ADMINISTERED RENTAL AND
MORTGAGE ASSISTANCE PROGRAM;
(b) CREATING AN EVICTION AND FORECLOSURE NO-COST LEGAL
REPRESENTATION PROGRAM;
(c) ESTABLISHING A HOUSING COUNSELING AND NAVIGATION PROGRAM;
(d) CREATING A PROPERTY TAX AND DOWN PAYMENT ASSISTANCE
PROGRAM;
(e) DEVELOPING A PROGRAM TO OFFER TECHNICAL ASSISTANCE AND
FINANCIAL SUPPORT FOR COMMUNITY ORGANIZATIONS TO DEVELOP
INDEPENDENT COMMUNITY LAND TRUSTS;
(f) PRIORITIZING LOCAL MONEY TOWARD REGULATED AFFORDABLE
HOUSING UNIT PRESERVATION OR IMPLEMENTING OR CONTINUING DEED
RESTRICTIONS FOR AFFORDABLE HOUSING UNITS;
(g) IDENTIFYING PARTNERSHIPS WITH REGIONAL AND NONPROFIT
ENTITIES TO IMPLEMENT STRATEGIES; AND
(h) OTHER STRATEGIES IDENTIFIED BY THE DEPARTMENT THAT PROVIDE
DISPLACEMENT MITIGATION THAT IS EQUIVALENT TO THE OTHER STRATEGIES
DESCRIBED IN THIS SUBSECTION (4).".
Strike pages 20 through 23.
Page 24, strike lines 1 through 5.
Page 24, after line 5 insert:
"24-32-3707. Statewide strategic growth report. (1) NO LATER THAN
OCTOBER 31, 2025, THE DIRECTOR SHALL SUBMIT TO THE GENERAL ASSEMBLY
A STATEWIDE STRATEGIC GROWTH REPORT. THE REPORT MUST SUPPLEMENT THE
STATEWIDE CLIMATE PREPAREDNESS STRATEGIC PLAN AND ROADMAP
PUBLISHED PURSUANT TO SECTION 24-38.8-103 AND ANY OTHER CURRENT
REPORT OF A STATE AGENCY OR TASK FORCE ADDRESSING THE MATTERS
COVERED IN THIS SECTION.
(2) THE STRATEGIC GROWTH REPORT DESCRIBED IN SUBSECTION (1) OF
THIS SECTION MUST:
(a) INCLUDE AN ANALYSIS OF POLICY-DRIVEN LAND USE SCENARIOS,
INCLUDING A STRATEGIC GROWTH SCENARIO, AND EXAMINE THE IMPACTS OF
THESE SCENARIOS ON THE COST AND AVAILABILITY OF HOUSING,
INFRASTRUCTURE, CLIMATE AND AIR QUALITY, WATER SUPPLY,
TRANSPORTATION AND TRANSIT, PARKS AND OPEN SPACE, RESOURCE LANDS,
WILDFIRE RISK, AND CRITICAL AREAS;
(b) INCLUDE AN ANALYSIS OF THE IMPACT OF EXISTING STATE POLICIES
AND PROGRAMS ON LAND USE DEVELOPMENT PATTERNS AND THE
ENCOURAGEMENT OF SPRAWL;
(c) CONSIDER THE CONTEXT OF DIFFERENT REGIONS AND COMMUNITIES
ACROSS THE STATE, EMPOWER AND PROMOTE LOCAL INITIATIVES AND IDEAS
THAT LEAD TO STRATEGIC GROWTH, AND RECOGNIZE THAT ALL COMMUNITIES
HAVE UNIQUE NEEDS THAT OFTEN CALL FOR ADDITIONAL FLEXIBILITY WHEN
APPLYING STRATEGIC GROWTH GOALS, ESPECIALLY COMMUNITIES OUTSIDE OF
METROPOLITAN AREAS AND COMMUNITIES VULNERABLE TO DISPLACEMENT;
AND
(d) INCLUDE RECOMMENDATIONS FOR STATE LEGISLATION AND LOCAL
LAWS, TO ENCOURAGE ENVIRONMENTALLY AND FISCALLY SUSTAINABLE
GROWTH, INCLUDING BUT NOT LIMITED TO ECONOMIC INCENTIVES, FINANCING
TOOLS, ACCESS CHARGES, URBAN GROWTH AREAS, THREE MILE PLANS,
TRANSFER OF DEVELOPMENT RIGHTS, ANNEXATION, AND SPECIAL DISTRICTS.
(3) IN DEVELOPING THE STRATEGIC GROWTH REPORT DESCRIBED IN
SUBSECTION (1) OF THIS SECTION, THE DIRECTOR SHALL CONSULT WITH STATE
AGENCIES AND LOCAL GOVERNMENTS WITH FUNCTIONS OR JURISDICTION
REGARDING THE MATTERS COVERED IN THIS SECTION AND LOCAL
GOVERNMENTS, REGIONAL PLANNING AGENCIES, WATER PROVIDERS, UTILITY
PROVIDERS, ECONOMIC DEVELOPMENT ENTITIES, AND EXPERTS IN FIELDS
RELATED TO STRATEGIC GROWTH.".
Page 24, strike lines 6 through 24.
Page 26, after line 3 insert:
"(c) CONDUCTING A DISPLACEMENT RISK ANALYSIS WITH A
STATE-CREATED TOOL;
(d) IDENTIFYING AND IMPLEMENTING STRATEGIES, INCLUDING IN THE
DIRECTORIES DESCRIBED IN SECTION 24-32-3706;".
Reletter succeeding paragraphs accordingly.
Page 26, line 6, after "POLICIES" insert "PURSUANT TO ACCEPTED HOUSING
NEEDS ASSESSMENTS AND ACCEPTED HOUSING ACTION PLANS".
Page 26, line 7, strike "TYPES" and substitute "TYPES, INCLUDING REGULATED
AFFORDABLE HOUSING,".
Page 27, line 27, after "COORDINATION" insert "OR DISPUTES".
Page 28, line 1, after "USES," insert "INCLUDING REGULATED AFFORDABLE
HOUSING USES AND THE PROVISION OF WATER AND SEWER SERVICES,".
Page 31, after line 8 insert:
"(B) THE STATEWIDE STRATEGIC GROWTH REPORT CREATED PURSUANT
TO SECTION 24-32-3707;".
Page 31, strike lines 9 and 10.
Page 31, line 24, after "PLANNING." insert "NOTHING IN THIS SECTION REQUIRES
THE PUBLIC DISCLOSURE OF CONFIDENTIAL INFORMATION RELATED TO WATER
SUPPLY OR FACILITIES.".
Page 31, strike lines 25 through 27 and substitute:
"(B) THE WATER SUPPLY ELEMENT MUST ESTIMATE A RANGE OF WATER
SUPPLIES AND FACILITIES NEEDED TO SUPPORT THE POTENTIAL PUBLIC AND
PRIVATE DEVELOPMENT DESCRIBED IN THE MASTER PLAN, AND".
Page 32, strike lines 1 and 2.
Page 32, strike lines 25 through 27 and substitute:
"(III) A STRATEGIC GROWTH ELEMENT THAT INTEGRATES ELEMENTS OF
THE MASTER PLAN TO DISCOURAGE SPRAWL AND PROMOTE THE DEVELOPMENT
OR REDEVELOPMENT OF VACANT AND UNDERUTILIZED PARCELS IN URBAN
AREAS TO ADDRESS THE DEMONSTRATED HOUSING NEEDS OF THE COUNTY OR
REGION AND MITIGATE THE NEED FOR EXTENSION OF INFRASTRUCTURE AND
PUBLIC SERVICES TO DEVELOP NATURAL AND AGRICULTURAL LANDS FOR
RESIDENTIAL USES. THE STRATEGIC GROWTH ELEMENT MUST INCLUDE:
(A) A DESCRIPTION OF EXISTING AND POTENTIAL POLICIES AND TOOLS
TO PROMOTE STRATEGIC GROWTH AND PREVENT SPRAWL;
(B) AN ANALYSIS OF VACANT AND UNDERUTILIZED SITES THAT
IDENTIFIES VACANT, PARTIALLY VACANT, AND UNDERUTILIZED LAND NEAR
EXISTING OR PLANNED TRANSIT OR JOB CENTERS THAT COULD BE USED FOR
INFILL DEVELOPMENT, REDEVELOPMENT, AND NEW DEVELOPMENT OF HOUSING;
ASSESSES THE GENERAL FEASIBILITY OF THE DEVELOPMENT OR REDEVELOPMENT
OF SUCH SITES FOR RESIDENTIAL USE BASED ON EXISTING AND NEEDED
INFRASTRUCTURE, TRANSPORTATION CAPACITY, ACCESS TO PUBLIC TRANSIT,
AND PUBLIC FACILITIES AND SERVICES TO SERVE SUCH SITES; DESCRIBES THE
PUBLIC BENEFITS OF THE DEVELOPMENT OR REDEVELOPMENT OF SUCH SITES TO
THE COUNTY OR REGION AS AN ALTERNATIVE TO THE DEVELOPMENT OF
PREVIOUSLY UNDEVELOPED NATURAL OR AGRICULTURAL LAND; AND IN A
MANNER THAT IS CONSISTENT WITH THE MASTER PLAN, DESIGNATES SUCH SITES
FOR WHICH DEVELOPMENT OR REDEVELOPMENT IS DEEMED TO BE GENERALLY
FEASIBLE FOR FUTURE USES THAT INCLUDE RESIDENTIAL USES IN A MANNER
THAT ADDRESSES THE DEMONSTRATED HOUSING NEEDS OF THE COUNTY OR
REGION AT ALL INCOME LEVELS; AND
(C) AN ANALYSIS OF UNDEVELOPED SITES THAT IDENTIFIES PREVIOUSLY
UNDEVELOPED PARCELS THAT ARE NOT ADJACENT TO DEVELOPED LAND,
INCLUDING EXISTING NATURAL AND AGRICULTURAL LAND, UNDER
CONSIDERATION FOR FUTURE DEVELOPMENT, AND, FOR A COUNTY OR REGION
IN A METROPOLITAN PLANNING ORGANIZATION ESTABLISHED UNDER THE
"FEDERAL TRANSIT ACT OF 1998," 49 U.S.C. SEC. 5301 ET SEQ., AS AMENDED,
LAND OUTSIDE OF CENSUS URBAN AREAS AS DEFINED BY THE UNITED STATES
BUREAU OF THE CENSUS; ASSESSES THE GENERAL FEASIBILITY OF THE
DEVELOPMENT OF SUCH SITES FOR RESIDENTIAL USE BASED ON EXISTING AND
NEEDED INFRASTRUCTURE, TRANSPORTATION CAPACITY, ACCESS TO PUBLIC
TRANSIT, AND PUBLIC FACILITIES AND SERVICES TO SERVE SUCH SITES; AND
DESCRIBES THE LONG-TERM FISCAL IMPACT TO THE COUNTY OR REGION OF THE
CONSTRUCTION, OWNERSHIP, MAINTENANCE, AND REPLACEMENT OF
INFRASTRUCTURE AND PUBLIC FACILITIES AND THE PROVISION OF PUBLIC
SERVICES TO SERVE DEVELOPMENT OF SUCH SITES;".
Page 33, strike lines 1 through 13.
Page 39, strike lines 12 and 13.
Renumber succeeding subparagraphs accordingly.
Page 39, after line 13 insert:
"(II) THE STATEWIDE STRATEGIC GROWTH REPORT CREATED PURSUANT
TO SECTION 24-32-3707;".
Renumber succeeding subparagraphs accordingly.
Page 40, line 4, after "PLANNING." insert "NOTHING IN THIS SECTION REQUIRES
THE PUBLIC DISCLOSURE OF CONFIDENTIAL INFORMATION RELATED TO WATER
SUPPLY OR FACILITIES.".
Page 40, strike lines 6 through 10 and substitute:
"(A) ESTIMATE A RANGE OF WATER SUPPLIES AND FACILITIES NEEDED
TO SUPPORT THE POTENTIAL PUBLIC AND PRIVATE DEVELOPMENT DESCRIBED IN
THE MASTER PLAN; AND".
Reletter the succeeding sub-subparagraph accordingly.
Page 41, strike lines 7 through 22 and substitute:
"(d) A STRATEGIC GROWTH ELEMENT THAT INTEGRATES ELEMENTS OF
THE MASTER PLAN TO DISCOURAGE SPRAWL AND PROMOTE THE DEVELOPMENT
OR REDEVELOPMENT OF VACANT AND UNDERUTILIZED PARCELS IN URBAN
AREAS TO ADDRESS THE MUNICIPALITY'S DEMONSTRATED HOUSING NEEDS AND
MITIGATE THE NEED FOR EXTENSION OF INFRASTRUCTURE AND PUBLIC SERVICES
TO DEVELOP NATURAL AND AGRICULTURAL LANDS FOR RESIDENTIAL USES. THE
STRATEGIC GROWTH ELEMENT MUST INCLUDE:
(I) A DESCRIPTION OF EXISTING AND POTENTIAL POLICIES AND TOOLS TO
PROMOTE STRATEGIC GROWTH AND PREVENT SPRAWL;
(II) AN ANALYSIS OF VACANT AND UNDERUTILIZED SITES THAT:
(A) IDENTIFIES VACANT, PARTIALLY VACANT, AND UNDERUTILIZED
LAND NEAR EXISTING OR PLANNED TRANSIT OR JOB CENTERS THAT COULD BE
USED FOR INFILL DEVELOPMENT, REDEVELOPMENT, AND NEW DEVELOPMENT OF
HOUSING;
(B) ASSESSES THE GENERAL FEASIBILITY OF THE DEVELOPMENT OR
REDEVELOPMENT OF SUCH SITES FOR RESIDENTIAL USE BASED ON EXISTING AND
NEEDED INFRASTRUCTURE, TRANSPORTATION CAPACITY, ACCESS TO PUBLIC
TRANSIT, AND PUBLIC FACILITIES AND SERVICES TO SERVE SUCH SITES;
(C) DESCRIBES THE PUBLIC BENEFITS OF THE DEVELOPMENT OR
REDEVELOPMENT OF SUCH SITES TO THE MUNICIPALITY AS AN ALTERNATIVE TO
THE DEVELOPMENT OF PREVIOUSLY UNDEVELOPED NATURAL OR AGRICULTURAL
LAND; AND
(D) IN A MANNER THAT IS CONSISTENT WITH THE MASTER PLAN,
DESIGNATES SUCH SITES FOR WHICH DEVELOPMENT OR REDEVELOPMENT IS
DEEMED TO BE GENERALLY FEASIBLE FOR FUTURE USES THAT INCLUDE
RESIDENTIAL USES IN A MANNER THAT ADDRESSES THE MUNICIPALITY'S
DEMONSTRATED HOUSING NEEDS AT ALL INCOME LEVELS; AND
(III) AN ANALYSIS OF UNDEVELOPED SITES THAT:
(A) IDENTIFIES PREVIOUSLY UNDEVELOPED PARCELS THAT ARE NOT
ADJACENT TO DEVELOPED LAND, INCLUDING EXISTING NATURAL AND
AGRICULTURAL LAND, UNDER CONSIDERATION FOR FUTURE DEVELOPMENT,
AND, FOR A MUNICIPALITY IN A METROPOLITAN PLANNING ORGANIZATION
ESTABLISHED UNDER THE "FEDERAL TRANSIT ACT OF 1998," 49 U.S.C. SEC.
5301 ET SEQ., AS AMENDED, LAND OUTSIDE OF CENSUS URBAN AREAS AS
DEFINED BY THE UNITED STATES BUREAU OF THE CENSUS;
(B) ASSESSES THE GENERAL FEASIBILITY OF THE DEVELOPMENT OF
SUCH SITES FOR RESIDENTIAL USE BASED ON EXISTING AND NEEDED
INFRASTRUCTURE, TRANSPORTATION CAPACITY, ACCESS TO PUBLIC TRANSIT,
AND PUBLIC FACILITIES AND SERVICES TO SERVE SUCH SITES; AND
(C) DESCRIBES THE LONG-TERM FISCAL IMPACT TO THE MUNICIPALITY
OF THE CONSTRUCTION, OWNERSHIP, MAINTENANCE, AND REPLACEMENT OF
INFRASTRUCTURE AND PUBLIC FACILITIES AND THE PROVISION OF PUBLIC
SERVICES TO SERVE DEVELOPMENT OF SUCH SITES; AND".
Strike "PRIORITIES" and substitute "OPPORTUNITIES" on: Page 31, line 11; and
Page 39, line 14.
After "WATER" insert "SUPPLY" on: Page 29, line 16; Page 32, line 23; Page 37,
line 22; Page 41, line 5; and Page 46, line 1.
Business,
Labor, &
Technology
Senate Journal, April 16
After consideration on the merits, the Committee recommends that SB24-174 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 28, line 16, after "(c)" insert "(I)".
Page 28, strike lines 17 and 18 and substitute "TO THE HOUSING NEEDS
PLANNING TECHNICAL ASSISTANCE FUND:
(A) NOTWITHSTANDING THE ALLOCATION OF FUNDS DESCRIBED IN
SECTION 39-29-110, OR ANY OTHER LAW TO THE CONTRARY, TEN MILLION FIVE
HUNDRED THOUSAND DOLLARS FROM THE LOCAL GOVERNMENT SEVERANCE TAX
FUND CREATED IN SECTION 39-29-110; AND
(B) NOTWITHSTANDING THE ALLOCATION OF FUNDS DESCRIBED IN
SECTION 34-63-102, OR ANY OTHER LAW TO THE CONTRARY, FOUR MILLION FIVE
HUNDRED THOUSAND DOLLARS FROM THE LOCAL GOVERNMENT MINERAL
IMPACT FUND CREATED IN SECTION 34-63-102 (5).
(II) THIS SUBSECTION (6)(c) IS REPEALED, EFFECTIVE JULY 1, 2025.".
Page 47, after line 1 insert:
"SECTION 5. Appropriation. (1) For the 2024-25 state fiscal year,
$2,842,697 is appropriated to the department of natural resources for use by the
Colorado water conservation board. This appropriation is from the Colorado
water conservation board construction fund created in section 37-60-121 (1)(a),
C.R.S. To implement this act, the board may use this appropriation for personal
services.
(2) For the 2024-25 state fiscal year, $583,864 is appropriated to the
office of the governor for use by the office of information technology. This
appropriation is from reappropriated funds received from the department of
local affairs from the housing needs planning technical assistance fund created
in section 24-32-3709 (6)(a), C.R.S. To implement this act, the office may use
this appropriation to provide information technology services for the
department of local affairs.".
Renumber succeeding section accordingly.
Appro-
priations
Senate Journal, April 18
SB24-174 by Senator(s) Kirkmeyer and Zenzinger, Bridges, Baisley, Gardner, Ginal, Liston, Lundeen,
Pelton B., Pelton R., Rich, Simpson, Smallwood, Will; also Representative(s) Bird,
Pugliese, Armagost, Bradfield, Evans, Frizell, Lynch, Taggart, Weinberg, Wilson, Winter
T.--Concerning state support for sustainable affordable housing, and, in connection
therewith, making an appropriation.
Amendment No. 1, Local Government & Housing Committee Amendment.
(Printed in Senate Journal, April 10, page(s) 772-780 and placed in members' bill files.)
Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, April 16, page(s) 884 and placed in members' bill files.)
Amendment No. 3(L.030), by Senator Zenzinger.
Amend the Appropriations Committee Report, dated April 16, 2024, page 1,
strike lines 15 through 21 and substitute:
""SECTION 5. Appropriation. For the 2024-25 state fiscal year, $583,864 is
appropriated to."
Amendment No. 4(L.029), by Senator Zenzinger.
Amend printed bill, page 6, after line 19 insert:
"(11) "NEIGHBORHOOD CENTER" MEANS AN AREA THAT MEETS THE
FOLLOWING CRITERIA:
(a) ALLOWS A NET HOUSING DENSITY WITHIN ZONING THAT SUPPORTS
MIXED-USE PEDESTRIAN-ORIENTED NEIGHBORHOODS, THE DEVELOPMENT OF
REGULATED AFFORDABLE HOUSING, AND INCREASED PUBLIC TRANSIT RIDERSHIP,
AS APPLICABLE;
(b) USES AN EFFICIENT DEVELOPMENT REVIEW PROCESS FOR
MULTIFAMILY RESIDENTIAL DEVELOPMENT ON PARCELS IN THE AREA THAT ARE
NO LARGER THAN A SIZE DETERMINED BY THE DEPARTMENT;
(c) INCLUDES ASPECTS OF MIXED-USE PEDESTRIAN-ORIENTED
NEIGHBORHOODS, AS DETERMINED BY CRITERIA ESTABLISHED BY THE
DEPARTMENT; AND
(d) SATISFIES ANY OTHER CRITERIA, AS DETERMINED BY THE
DEPARTMENT, AND AS MAY VARY BY REGIONAL CONTEXT, FOR THE
QUALIFICATION OF AN AREA AS A NEIGHBORHOOD CENTER.".
Renumber succeeding subsections accordingly.
Page 8 of the bill, line 7, strike "- population growth projection".
Page 8 of the bill, lines 16 and 17, strike "NARROWLY TAILORED TO IMPOSE THE
LEAST FISCAL BURDEN ON" and substitute "DESIGNED TO MINIMIZE THE FISCAL
BURDEN ON LOCAL GOVERNMENTS AND REGIONAL".
Page 10 of the bill, line 10, strike "SECTION;" and substitute "SECTION USING
PER CAPITA WATER USE RATES IDENTIFIED IN CONSULTATION WITH THE
DEPARTMENT OF NATURAL RESOURCES;".
Page 11 of the bill, line 8, strike "SECTION;" and substitute "SECTION USING PER
CAPITA WATER USE RATES IDENTIFIED IN CONSULTATION WITH THE
DEPARTMENT OF NATURAL RESOURCES;".
Page 11 of the bill, line 23, strike "FUTURE POPULATION" and substitute
"POPULATION".
Amend the Local Government and Housing Committee Report, dated April 9,
2024, page 4, line 20, strike "AND".
Page 5 of the report, line 1, strike "AND".
Page 13 of the bill, line 3, strike "AREAS" and substitute "IDENTIFY AREAS".
Page 6 of the report, line 6, after "NO" insert "LESS".
Page 14 of the bill, line 27, after "THOUSAND," insert "OR HAS EXPERIENCED A
NEGATIVE POPULATION CHANGE OF AT LEAST ONE PERCENT IN THE MOST
RECENT DECENNIAL CENSUS,".
Page 15 of the bill, line 3, after "(5)" insert "(a)".
Page 15 of the bill, after line 7 insert:
"(b) FOR THE PURPOSES OF BOTH THIS SECTION AND SECTION
24-32-3705, A COUNTY'S POPULATION INCLUDES ONLY THE POPULATION WITHIN
A COUNTY'S UNINCORPORATED TERRITORY.".
Page 15 of the bill, line 27, after "(1)" insert "(a)".
Page 6 of the report, strike lines 18 through 21 and substitute:
"Page 16 of the bill, line 2, strike "THAT HAS A POPULATION OF ONE THOUSAND
OR MORE".".
Page 16 of the bill, after line 10 insert:
"(b) THE REQUIREMENTS OF THIS SECTION ONLY APPLY TO A LOCAL
GOVERNMENT THAT HAS A POPULATION OF:
(I) FIVE THOUSAND OR MORE; OR
(II) ONE THOUSAND OR MORE AND EITHER PARTICIPATED IN A REGIONAL
HOUSING NEEDS ASSESSMENT OR WOULD HAVE BEEN DEEMED, AS OF JANUARY
1, 2024, TO BE A RURAL RESORT COMMUNITY AS DEFINED IN SECTION 29-32-101
(10).
(c) THE REQUIREMENTS OF THIS SECTION DO NOT APPLY TO A LOCAL
GOVERNMENT THAT HAS EXPERIENCED A NEGATIVE POPULATION CHANGE OF AT
LEAST ONE PERCENT IN THE MOST RECENT DECENNIAL CENSUS.".
Page 19 of the bill, after line 20 insert:
"(8) POPULATION BY WHICH A LOCAL GOVERNMENT IS DETERMINED TO
BE SUBJECT TO THE PROVISIONS OF THIS SECTION MUST BE DETERMINED TWO
YEARS PRIOR TO THE DATE THAT THE LOCAL GOVERNMENT IS REQUIRED TO
COMPLETE A HOUSING ACTION PLAN PURSUANT TO THIS SECTION.".
Page 8 of the report, line 21, strike "MAXIMIZE" and substitute "SUBSTANTIALLY
INCREASE" and after "HOUSING" insert "INCLUDING REGULATED AFFORDABLE
HOUSING".
Page 8 of the report, after line 34 insert:
"(f) CREATING OR EXPANDING A PROGRAM TO SUBSIDIZE OR OTHERWISE
REDUCE PERMIT FEES OTHER THAN IMPACT FEES OR SIMILAR DEVELOPMENT
CHARGES FOR REGULATED AFFORDABLE HOUSING;".
Reletter succeeding paragraphs accordingly.
Page 8 of the report, line 35, strike "REQUIRED" and substitute "PROHIBITED".
Page 9 of the report, line 11, strike "NEW," and substitute "MARKET RATE
HOUSING DEVELOPMENT TO SUPPORT NEW,".
Page 9 of the report, line 15, strike "MAXIMIZING" and substitute "A
SUBSTANTIAL INCREASE IN".
Page 9 of the report, after line 18 insert:
"(d) AMENDING ZONING ORDINANCES THAT ALLOW THE CONSTRUCTION
OF SINGLE-UNIT DETACHED DWELLINGS TO ALLOW EITHER ACCESSORY
DWELLING UNITS OR DUPLEXES, TRIPLEXES, QUADPLEXES, AND TOWNHOMES IN
A SUBSTANTIAL PORTION OF THE JURISDICTION;
(e) AMENDING LOCAL LAWS TO ESTABLISH THE USE OF ADMINISTRATIVE
PROCESSES FOR THE REVIEW AND APPROVAL OF HOUSING DEVELOPMENT THAT
DO NOT INCLUDE A REQUIREMENT OF A PUBLIC HEARING;
(f) DESIGNATING A NEIGHBORHOOD CENTER IN ACCORDANCE WITH
STANDARDS ADOPTED BY THE DEPARTMENT THAT MAY ESTABLISH DIFFERENT
CRITERIA FOR REGIONAL AND LOCAL CONTEXTS INCLUDING THE MINIMUM SIZE
OF A NEIGHBORHOOD CENTER AND MINIMUM NET DENSITY;".
Reletter succeeding paragraphs accordingly.
Page 9 of the report, after line 23 insert:
"(I) ESTABLISHING A RIGHT OF FIRST REFUSAL PROGRAM OR PROGRAMS
THAT TRANSITION EXISTING HOUSING STOCK TO REGULATED AFFORDABLE
HOUSING;
(II) INCENTIVIZING AFFORDABLE CONDOMINIUM DEVELOPMENTS;"
Renumber succeeding subparagraphs accordingly.
Page 9 of the report, line 34, strike "LAW," and substitute "LAW OR PROGRAM,".
Page 9 of the report, line 36, after "LAW" insert "OR PROGRAM".
Page 9 of the report, line 38, after "LAW" insert "OR PROGRAM".
Page 9 of the report, line 39, strike "THAN" and substitute "AS".
Page 10 of the report, line 19, strike "(4)."." and substitute "(4).
(5) A LOCAL GOVERNMENT MAY SUBMIT AN EXISTING OR PROPOSED
LOCAL LAW OR PROGRAM, IN A FORM AND MANNER DETERMINED BY THE
DEPARTMENT, TO THE DEPARTMENT, AND THE DEPARTMENT MAY DETERMINE
THAT THE ADOPTION OF THE LOCAL LAW OR PROGRAM QUALIFIES AS A
DISPLACEMENT RISK MITIGATION STRATEGY FOR PURPOSES OF THIS SECTION, SO
LONG AS THE LOCAL LAW OR PROGRAM SUPPORTS EQUAL OR GREATER
MITIGATION OF DISPLACEMENT RISK AS THE STRATEGIES DESCRIBED IN
SUBSECTION (4) OF THIS SECTION.
(6) NOTWITHSTANDING THE ABSENCE OF SPECIFIC AUTHORIZATION IN
ANY OTHER LAW, A LOCAL GOVERNMENT HAS THE AUTHORITY TO ENACT
ORDINANCES OR RESOLUTIONS TO ADOPT AND IMPLEMENT THE STRATEGIES
IDENTIFIED IN THIS SECTION.".".
Page 34 of the bill, line 10, after "LESS" insert "IN THE COUNTY'S
UNINCORPORATED TERRITORY".
Page 34 of the bill, line 13, strike "LESS." and substitute "LESS IN THE COUNTY'S
UNINCORPORATED TERRITORY.".
Strike "GROWTH" and substitute "CHANGE" on: Page 9, line 5; Page 11, line 23;
Page 27, line 21; Page 34, line 11; Page 36, line 20; Page 42, line 14; and Page
44 of the bill, line 26.
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.
House Journal, May 3
18 SB24-174 be amended as follows, and as so amended, be referred to
19 the Committee on Appropriations with favorable
20 recommendation:
21
22 Amend reengrossed bill, page 6, strike line 19 and substitute:
23
24 "OF FIFTEEN MINUTES OR LESS FOR EIGHT HOURS OR MORE ON WEEKDAYS,
25 EXCLUDING SEASONAL SERVICE.".
26
27 Page 6, line 25, after "A" insert "REASONABLE".
28
29 Page 7, line 4, after "DEPARTMENT;" insert "AND".
30
31 Page 7, strikes lines 7 through 10 and substitute "DEPARTMENT.".
32
33 Page 9, line 20, strike "REPORTS DESCRIBED IN THIS SUBSECTION (1)," and
34 substitute "METHODOLOGIES AND GUIDANCE DESCRIBED IN THIS SECTION,".
35
36 Page 9, line 27, after "PLANNING." add "PRIOR TO FINALIZING THE
37 ASSESSMENT METHODOLOGY AND DISPLACEMENT RISK MITIGATION
38 STRATEGIES DIRECTORY CREATED PURSUANT TO SECTION 24-32-3706 (4),
39 THE DIVISION OF LOCAL GOVERNMENT SHALL ENGAGE IN TARGETED
40 OUTREACH WITH FOCUS GROUPS FOR HISTORICALLY UNDERCONSULTED
41 AND DISPROPORTIONATELY IMPACTED STAKEHOLDERS, RESIDENTS, AND
42 BUSINESSES TO IDENTIFY THE PRIMARY REASONS FOR DISPLACEMENT
43 INCLUDED AMONG THOSE IDENTIFIED IN SECTION 24-32-3701 (4).".
44
45 Page 12, strike line 21 and substitute "NEEDS ASSESSMENTS MUST
46 INCLUDE THE FOLLOWING:
47 (I) A REQUIREMENT THAT HOUSING NEEDS ASSESSMENTS INCLUDE
48 RECOMMENDED POLICY AND PROGRAMMATIC RESPONSES TO THE FINDINGS
49 OF THE HOUSING NEEDS ASSESSMENT, INCLUDING THE ASSESSMENT OF
50 DISPLACEMENT RISK; AND
51 (II) GUIDANCE REGARDING HOUSING".
52
53 Page 14, line 16, strike "AND".
54
55
1 Page 14, after line 16 insert:
2
3 "(VI) THE NUMBER OF SINGLE HEADS OF HOUSEHOLD WITH
4 CHILDREN UNDER EIGHTEEN YEARS OF AGE;
5 (VII) DATA REGARDING RENTS OR HOME VALUES THAT ARE
6 INCREASING AT A SUBSTANTIALLY HIGHER RATE THAN ADJACENT
7 NEIGHBORHOODS IN THE REGION OR LOCAL GOVERNMENT'S JURISDICTION;
8 (VIII) DATA REGARDING NEIGHBORHOODS WITH HIGH VOLUME OF
9 SALES OF OWNER-OCCUPIED OR INVESTOR-OWNED HOUSING;
10 (IX) DATA REGARDING INCREASED SALES AND USE TAXES
11 GENERATED FROM COMMERCIAL AND RETAIL ACTIVITY;
12 (X) DATA REGARDING BUSINESS CLOSURES; AND".
13
14 Renumber succeeding subparagaraph accordingly.
15
16 Page 19, strike line 26 and substitute:
17
18 "(b) A DESCRIPTION OF HOW THE LOCAL GOVERNMENT'S HOUSING
19 ACTION PLAN ADDRESSES THE ALLOCATION OF REGIONAL".
20
21 Page 19, line 27, after "APPLICABLE" insert "REGIONAL".
22
23 Page 24, strike line 15 and substitute "DEVELOPMENT, EXCEPT THAT IF THE
24 LOCAL GOVERNMENT HAS DONE SO PURSUANT TO SECTION 29-32-105 (2),
25 THIS STRATEGY DOES NOT COUNT AS AN ELIGIBLE STANDARD
26 AFFORDABILITY STRATEGY FOR PURPOSES OF SECTION 29-32-3705 (3)(e);".
27
28 Page 24, strike lines 19 through 26.
29
30 Reletter succeeding paragraphs accordingly.
31
32 Page 25, strike line 1 and substitute "AND PRESERVATION OF AFFORDABLE
33 HOUSING UNITS DESIGNED TO SERVE RESIDENTS FACING PARTICULAR
34 CHALLENGES SECURING AFFORDABLE HOUSING, INCLUDING ACCESSIBLE
35 AND VISITABLE UNITS AND MULTI-BEDROOM UNITS; AND".
36
37 Page 25, strike lines 26 and 27.
38
39 Page 26, strike lines 1 and 2.
40
41 Reletter succeeding paragraphs accordingly.
42
43 Page 27, strike line 9 and substitute "PROGRAM OR FUNDING A
44 COMMUNITY-BASED HOUSING COUNSELING AND NAVIGATION PROGRAM;".
45
46 Page 27, strike lines 18 and 19 and substitute:
47
48 "(g) REQUIRING MULTIFAMILY DEVELOPERS BUILDING IN AREAS
49 IDENTIFIED AS BEING AT RISK OF DISPLACEMENT TO CREATE A COMMUNITY
50 BENEFITS AGREEMENT WITH AFFECTED POPULATIONS WITHIN
51 ONE-QUARTER MILE OF THE DEVELOPMENT THAT THE MULTIFAMILY
52 DEVELOPER IS BUILDING;
53 (h) PROVIDING A PRIORITIZATION POLICY FOR CURRENT RESIDENTS
54 IN THIRTY PERCENT OF ANY NEW MULTIFAMILY DEVELOPMENT; AND".
55
1 Reletter succeeding paragraph accordingly.
2
3 Page 30, line 23, strike "ENTITIES;" and substitute "ENTITIES THAT
4 PROMOTE STATEWIDE COVERAGE OF LOCAL GOVERNMENTS BY HOUSING
5 NEEDS ASSESSMENTS WITHOUT UNNECESSARY DUPLICATION FOR THE
6 PURPOSE OF CONDUCTING REGIONAL HOUSING NEEDS ASSESSMENTS AND
7 DISPLACEMENT RISK ASSESSMENTS;".
8
9 Page 31, strike line 17 and substitute:
10
11 "(a) CONDUCTING REGIONAL HOUSING NEEDS ASSESSMENTS, IF THE
12 DEPARTMENT DETERMINES THAT THE REGIONAL ENTITY MEETS THE
13 REQUIREMENTS OF THIS SECTION AND THE ASSESSMENT WOULD PROMOTE
14 STATEWIDE COVERAGE OF LOCAL GOVERNMENTS BY HOUSING NEEDS
15 ASSESSMENTS WITHOUT UNNECESSARY DUPLICATION;
16 (b) CONDUCTING HOUSING NEEDS ASSESSMENTS AND CREATING
17 HOUSING ACTION PLANS CONTEMPORANEOUSLY; AND".
18
19 Reletter succeeding paragraph accordingly.
20
21 Page 31, line 22, after "(3)" insert "(a)".
22
23 Page 32, after line 2 insert:
24
25 "(b) ANY CONSULTANT RETAINED BY THE DEPARTMENT TO
26 PROVIDE TECHNICAL ASSISTANCE PURSUANT TO THIS SECTION RELATING
27 TO HOUSING NEEDS ASSESSMENTS AND HOUSING ACTION PLANS SHALL
28 HAVE DEMONSTRATED EXPERIENCE CONDUCTING HIGH-QUALITY HOUSING
29 NEEDS ASSESSMENTS AND STRATEGIC HOUSING PLANS AND ENGAGING
30 UNDERREPRESENTED COMMUNITIES, RESIDENTS, AND WORKERS WITH
31 DISPROPORTIONATE HOUSING NEEDS AND CHALLENGES.
32 (c) THE DEPARTMENT SHALL REQUIRE, AS A CONDITION OF ANY
33 FUNDING AWARDED TO A LOCAL GOVERNMENT TO CONDUCT HOUSING
34 NEEDS ASSESSMENTS OR CREATE HOUSING ACTION PLANS PURSUANT TO
35 THIS SECTION, THAT:
36 (I) UNLESS NO SUCH PERSON IS AVAILABLE, ANY PERSON
37 PROVIDING SERVICES TO THE LOCAL GOVERNMENT THAT WILL BE FUNDED
38 BY THE AWARD MEETS THE REQUIREMENTS OF SUBSECTION (3)(b) OF THIS
39 SECTION; AND
40 (II) THE LOCAL GOVERNMENT USE A PORTION OF THE FUNDS
41 AWARDED BY THE DEPARTMENT TO CONDUCT HOUSING NEEDS
42 ASSESSMENTS OR CREATING HOUSING ACTION PLANS PURSUANT TO THIS
43 SECTION TO ENGAGE UNDERREPRESENTED AND UNDERRECOGNIZED
44 COMMUNITIES.".
45
46 Page 35, after line 6 insert:
47
48 "24-32-3711. Neighborhood centers - grant program
49 prioritization. (1) ON OR BEFORE JUNE 30, 2025, THE DEPARTMENT
50 SHALL ADOPT REASONABLE CRITERIA FOR THE DESIGNATION OF
51 NEIGHBORHOOD CENTERS IN ACCORDANCE WITH SECTION 24-32-3701 (10),
52 INCLUDING CRITERIA FOR VARYING REGIONAL CONTEXTS. THE
53 DEPARTMENT SHALL DESIGN THE CRITERIA ADOPTED PURSUANT TO THIS
1 SUBSECTION (1) TO MINIMIZE THE FISCAL BURDEN ON LOCAL
2 GOVERNMENTS. THE CRITERIA ADOPTED BY THE DEPARTMENT PURSUANT
3 TO THIS SUBSECTION (1) MUST NOT:
4 (a) LIMIT OR RESTRICT THE AUTHORITY OF A LOCAL GOVERNMENT,
5 INCLUDING AUTHORITY RELATING TO ZONING, REGULATION OF THE USE OF
6 LAND, AND THE IMPOSITION OF FEES, CHARGES, AND TAXES,
7 NOTWITHSTANDING THE EXERCISE OF THAT AUTHORITY TO ESTABLISH A
8 NEIGHBORHOOD CENTER; OR
9 (b) REQUIRE THE MODIFICATION OF A CHARTER ADOPTED
10 PURSUANT TO ARTICLE XX OF THE STATE CONSTITUTION.
11 (2) A LOCAL GOVERNMENT MAY DESIGNATE A NEIGHBORHOOD
12 CENTER PURSUANT TO THIS SECTION AND SUBMIT A REPORT TO THE
13 DEPARTMENT IN A FORM AND MANNER DETERMINED BY THE DEPARTMENT.
14 THE DEPARTMENT SHALL NOT ACCEPT A REPORT DESIGNATING A
15 NEIGHBORHOOD CENTER THAT DOES NOT COMPLY WITH THE CRITERIA
16 ADOPTED BY THE DEPARTMENT. THE DEPARTMENT SHALL NOTIFY A LOCAL
17 GOVERNMENT IF IT DOES NOT ACCEPT THE LOCAL GOVERNMENT'S REPORT.
18 (3) AS OF DECEMBER 31, 2026, EXCLUDING GRANT PROGRAMS
19 GOVERNED BY ARTICLE 32 OF TITLE 29, THE DEPARTMENTS, OFFICES, AND
20 AGENCIES IDENTIFIED IN SECTION 24-32-3710 SHALL UPDATE GRANT
21 AWARD CRITERIA TO INCLUDE CONSIDERATION AND PRIORITIZATION OF, TO
22 THE EXTENT CONSISTENT WITH THE PURPOSE OF THE GRANT PROGRAM AND
23 ANY APPLICABLE PROVISION OF FEDERAL LAW OR THE STATE
24 CONSTITUTION, PROJECTS THAT MEET ONE OF THE FOLLOWING CRITERIA:
25 (a) THE PROJECT IS IN OR SUPPORTS A NEIGHBORHOOD CENTER
26 DESIGNATED IN A REPORT ACCEPTED BY THE DEPARTMENT PURSUANT TO
27 SUBSECTION (2) OF THIS SECTION; OR
28 (b) THE PROJECT CONCERNS AN AREA THAT WOULD NOT MEET THE
29 CRITERIA FOR DESIGNATION AS A NEIGHBORHOOD CENTER.".
30
31